Opinion
Docket No. DRB 14-183
09-22-2014
Re: In the Matter of Joseph Jerome Fell
BONNIE C. FROST, ESQ., CHAIR EDNA Y. BAUGH, ESQ., VICE-CHAIR BRUCE W. CLARK, ESQ. HON. MAURICE J. GALLIPOLI THOMAS J. HOEERMAN EILEEN RIVERA ANNE C SINGER, ESQ. MORRIS YAMNER, ESQ. ROBERT C. ZMIRICH ELLEN A. BRODSKY CHIEFCOUFTSEL ISABEL FRANK DEPUTY CHIEF COUNSEL LILLIAN LEWLN BARRY R. PETERSEN JR COLIN T.TAMS KATHRYN ANNE WINTERLE ASSISTANT' COUNSEL
BONNIE C. FROST, ESQ., CHAIR
EDNA Y. BAUGH, ESQ., VICE-CHAIR
BRUCE W. CLARK, ESQ.
HON. MAURICE J. GALLIPOLI
THOMAS J. HOEERMAN
EILEEN RIVERA
ANNE C SINGER, ESQ.
MORRIS YAMNER, ESQ.
ROBERT C. ZMIRICH
ELLEN A. BRODSKY
CHIEFCOUFTSEL
ISABEL FRANK
DEPUTY CHIEF COUNSEL
LILLIAN LEWLN
BARRY R. PETERSEN JR
COLIN T.TAMS
KATHRYN ANNE WINTERLE
ASSISTANT' COUNSEL
RICHARD J. HUGHES JUSTICE COMPLEX
Mark Neary, Clerk
Supreme Court of New Jersey
Richard J. Hughes Justice Complex
P. O. Box 970
Trenton, New Jersey 08625
District Docket No. XB-2013-0008E Dear Mr. Neary:
The Disciplinary Review Board reviewed the motion for discipline by consent ("a sanction ranging from admonition to a reprimand"), filed by the District XB Ethics Committee (DEC), pursuant to R. 1:20-10(b)(1). Following a review of the record, the Board determined to grant the motion and to impose a reprimand for respondent's stipulated violation of RPC 5.5(a)(1) (practicing law while ineligible).
Specifically, from September 26, 2011 to February 15, 2012, respondent was on the Supreme Court's list of ineligible attorneys due to nonpayment of the annual attorney assessment to the New Jersey Lawyers' Fund for Client Protection. During that period of ineligibility, he represented grievant Peter Pescatore in a matrimonial action. At the time, respondent knew that he was ineligible to practice law.
The parties stipulated that an aggravating factor is respondent's disciplinary history, consisting of a 2011 admonition for the improper release of escrow funds and a 2012 reprimand for entering into an improper business transaction with a client. They agreed that, in mitigation, respondent readily admitted his wrongdoing, cooperated with the DEC, and provided service to the community.
Because respondent practiced law, knowing that he was ineligible to do so, the Board determined that a reprimand is in order. See, e.g., In re Moskowitz, 215 N.J. 636 (2013) (reprimand imposed on attorney who practiced law knowing that he was ineligible to do so); In re Jay, 210 N.J. 214 (2012) (attorney, who was aware of ineligibility and practiced law anyway, received a reprimand; prior three-month suspension for possession of cocaine and marijuana); and In the Matter of Queen E. Pavton, DRB 10-441 (June 14, 2011) (reprimand imposed on attorney who knew of her ineligibility and who had been admonished for the same infraction in 2005). The Board also found that the aggravating and mitigating factors were in equipoise and, therefore, the discipline was neither enhanced nor reduced, based on either set of factors.
Enclosed are the following documents:
1. Notice of motion for discipline by consent, dated May 1, 2014;
2. Stipulation of discipline by consent, dated May 8, 2014;
3. Affidavit of consent, dated April 18, 2014;
4. Ethics history, dated September 22, 2014.
Very truly yours,
/s/
Ellen A. Brodsky
Chief Counsel
EAB/lg
Enclosures
c: See attached list
Bonnie C. Frost, Chair (via email; w/o encls.)
Disciplinary Review Board
Charles Centinaro, Director (w/o encls.)
Office of Attorney Ethics
Moira E. Colquhoun, Chair (w/o encls.)
District XB Ethics Committee
Caroline Record, Secretary (w/o encls.)
District XB Ethics Committee
Joseph Jerome Fell, Esq. (w/o encls.)
D-13 September Term 2014
074989
IN THE MATTER OF JOSEPH J. FELL, AN ATTORNEY AT LAW (Attorney No. 033601992)
ORDER
This matter have been duly presented pursuant to Rule 1:20-10(b), following the granting of a motion for discipline by consent in DRB 14-18 3 of JOSEPH J. FELL of BERNARDSVILLE, who was admitted to the bar of this State in 1992;
And the District XB Ethics Committee and respondent having signed a stipulation of discipline by consent in which it was agreed that respondent violated RPC 5.5(a)(1)(practicing law while ineligible);
And the parties having agreed that respondent's conduct violated RPC 5.5(a)(1), and that said conduct warrants an admonition to a reprimand;
And the Disciplinary Review Board having determined that a reprimand is the appropriate discipline for respondent's unethical conduct and having granted the motion for discipline by consent in District Docket No. XB-2013-0008E;
And the Disciplinary Review Board having submitted the record of the proceedings to the Clerk of the Supreme Court for the entry of an order of discipline in accordance with Rule 1:20-16(e);
And good cause appearing;
It is ORDERED that JOSEPH J. FELL of BERNARDSVILLE is hereby reprimanded; 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.
WITNESS, the Honorable Stuart Rabner, Chief Justice, at Trenton, this 29th day of September, 2014.
/s/
CLERK OF THE SUPREME COURT