Opinion
D-83-21 Attorney 02722011
05-03-2022
In the Matter of David R. Cubby, Jr., An Attorney At Law
ORDER
The Disciplinary Review Board having filed with the Court its decision in DRB 21-205, concluding on the record certified to the Board pursuant to Rule 1:20-4(f)(default by respondent) that David R. Cubby, Jr., of Waldwick, who was admitted to the bar of this State in 2011, and who has been temporarily suspended from the practice of law since July 27, 2021, should be suspended from the practice of law for a period of three months for failure to cooperate in the Office of Attorney Ethic's investigation; and good cause appearing;
It is ORDERED that David R. Cubby, Jr., is suspended from the practice of law for a period of three months, and until the further Order of the Court, effective immediately; and it is further
ORDERED that prior to his reinstatement to practice, respondent shall demonstrate his fitness to practice law, as attested to by a mental health professional approved by the Office of Attorney Ethics, and complete a course in anger management, as required by the prior Orders of the Court; and it is further
ORDERED that respondent comply with Rule 1:20-20 dealing with suspended attorneys; and it is further
ORDERED that pursuant to Rule 1:20-20(c), respondent's failure to comply with the Affidavit of Compliance requirement of Rule 1:20-20(b)(15) may (1) preclude the Disciplinary Review Board from considering respondent's petition for reinstatement for a period of up to six months from the date respondent files proof of compliance; (2) be found to constitute a violation of RPC 8.1(b) and RPC 8.4(d); and (3) provide a basis for an action for contempt pursuant to Rule 1:10-2; and it is further
ORDERED that David Richard Cubby, Jr., remain suspended from practice prior to the prior Orders of this Court; and it is further
ORDERED that the entire record of this matter be made a permanent part of respondent's file as an attorney at law of this State; and it is further
ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter, as provided in Rule 1:20-17.