R. 1:20-15B. — Attorney Regulatory Board

a. Appointment; Officers. The Supreme Court shall appoint an Attorney Regulatory Board consisting of six members, four of whom shall be attorneys of this state and two of whom shall not be attorneys. Members shall be appointed for three-year terms and may be reappointed in the Supreme Court’s discretion. No member who has served four full three-year terms shall be eligible for reappointment. The Supreme Court shall annually designate a chair and vice chair of the Attorney Regulatory Board from among its members. b. Office of Board Counsel. The Office of Board Counsel, constituted pursuant to R. 1:20-15A, also shall serve the Attorney Regulatory Board. Chief Counsel to the Office of Board Counsel shall serve as counsel to the Attorney Regulatory Board. The Office of Board Counsel shall have the authority to:

1. provide legal counsel and advice to the Attorney Regulatory Board; 2. represent the Attorney Regulatory Board before the Supreme Court when so requested by the Court;

3. serve as the secretariat for the Attorney Regulatory Board;

4. maintain records of all matters considered by the Attorney Regulatory Board;

5. prepare annually, jointly with the Disciplinary Review Board and the Director, a proposed budget for the attorney regulatory and disciplinary system of the state;

6. recommend to the Attorney Regulatory Board, for its adoption, subject to approval of the Supreme Court, regulations governing its own administrative procedures;

7. hire and discharge all staff of the Office of Board Counsel consistent with personnel policies of the judiciary and subject to the approval of the Chief Justice; and 8. perform such other duties as may be specifically assigned by the Attorney Regulatory Board or the Supreme Court.

c. Quorum; Dissenting Report. Four members of the Attorney Regulatory Board shall constitute a quorum and all determinations shall be made by a majority of a quorum. Any Attorney Regulatory Board member not concurring in a majority decision may file a separate report.

d. Regulations. The Attorney Regulatory Board may, subject to the prior approval of the Supreme Court, promulgate rules governing proceedings before it.

e. Functions. The Attorney Regulatory Board shall:

1. review petitions for reinstatement to the practice of law pursuant to R. 1:20-21;

2. review petitions for readmission to the practice of law pursuant to R. 1:20-21A; and

3. complete such additional duties as the Supreme Court may assign.

f. Petitioner’s Counsel. A petitioner before the Attorney Regulatory Board may be represented by counsel admitted to practice law in New Jersey or admitted pro hac vice by the Attorney Regulatory Board, or may appear pro se.

g. Recommendations. Following review of a petition for reinstatement or readmission, the Attorney Regulatory Board shall render a formal decision, submitting its findings and recommendations to the Supreme Court. h. Constitutional Challenges. Constitutional challenges to the proceedings before the Attorney Regulatory Board or any trier of fact to which the Attorney Regulatory Board has referred specific issues shall be preserved, without Attorney Regulatory Board action, for Supreme Court consideration as a part of its review of the matter on the merits.

i. Temporary Suspension. On receipt of evidence demonstrating that an attorney subject to Court- imposed conditions of readmission has violated such conditions, has failed to pay necessary costs or to timely comply with approved payment plans, has committed a violation of the Rules of Professional Conduct, case law or other authority, or is under a disability as herein defined, or poses a substantial threat of serious harm to the public or, where necessary to protect the interests of an attorney, a client, or the public, or where otherwise authorized by these rules, the Attorney Regulatory Board may, on the motion of the Director, or on its own motion, recommend to the Supreme Court that an attorney be suspended temporarily from practice upon such terms and conditions as the Court deems appropriate.

j. Exemption from Costs. As an agency of the Supreme Court, the Attorney Regulatory Board and any lawfully appointed designee shall be exempt from the payment of any court costs required by rule of law of the State of New Jersey, including, but not limited to, for the filing or docketing of any document, deposit for costs, or service of process.

k. Publication of Attorney Regulatory Board Dispositions. Decisions of the Attorney Regulatory Board shall be published only after entry of a dispositional Supreme Court Order. l. Effect of Time Goals. The time periods prescribed for the review and actions of the Attorney Regulatory Board are not jurisdictional and shall not serve as a bar or defense to any proceeding.