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In re Stack

Supreme Court of New Jersey
Jan 20, 2022
DRB 21-173 (N.J. Jan. 20, 2022)

Opinion

DRB 21-173

01-20-2022

In the Matter of Robert James Stack An Attorney at Law

Johanna Barba Jones Chief Counsel


District Docket No. XIV-2021-0030E

Johanna Barba Jones Chief Counsel

DISSENT

Hon. Maurice J. Gallipoli, A.J.S.C. (Ret.), Chair

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey.

Once again, I dissent from my colleagues and vote to recommend respondent's disbarment, not because of respondent's disciplinary record, but because an attorney who fails to comply with an Order of the Court to file the affidavit that R. 1:20-20 requires of all suspended attorneys, in my humble opinion, manifests a disdain for the disciplinary process and the responsibilities attendant to the privilege of being permitted to practice the profession of the law.

I am fully aware that the Court has rejected a recommendation by the Disciplinary Review Board to address the recurring failure of suspended respondents to comply with the requirements of R. 1:20-20. While I disagree with the Court's rejection, I respect the Court's decision and mean no disrespect by filing a dissent in this case and in similar cases in the future. Absent enactment of the Board's recommendation or some other remedial rule change to address this problem, I will continue to vote for disbarment so as to compel respondents to appear before the Court to explain why they have not complied with the Court's Order requiring the filing of the R. 1:20-20 affidavit.

By such a procedure, I believe that the public and respondent's clients would be protected from the consequences of respondent's suspension and all attorneys would quickly come to understand and appreciate the importance of compliance with the Court's Orders and the grave potential consequences of non-compliance.


Summaries of

In re Stack

Supreme Court of New Jersey
Jan 20, 2022
DRB 21-173 (N.J. Jan. 20, 2022)
Case details for

In re Stack

Case Details

Full title:In the Matter of Robert James Stack An Attorney at Law

Court:Supreme Court of New Jersey

Date published: Jan 20, 2022

Citations

DRB 21-173 (N.J. Jan. 20, 2022)