Opinion
D-20 September Term 2022 087665
02-09-2023
In the MATTER OF Michael A. ROWEK, An Attorney At Law (Attorney No. 008881987)
ORDER
The Disciplinary Review Board having filed with the Court its decision in DRB 22-103, concluding that as a matter of final discipline pursuant to Rule 1 : 20-13 (c)(2), Michael A. Rowek of Totowa , who was admitted to the bar of this State in 1987, should be suspended from the practice of law for a period of two years following respondent's guilty plea and convictions in the Superior Court of New Jersey, to two counts of third-degree possession of a controlled dangerous substance (CDS), in violation of N.J.S.A 2C:35-10(a)(1), conduct in violation of RPC 8.4(b) (commission of a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer);
And the Disciplinary Review Board having determined to impose conditions on respondent: (1) respondent shall immediately notify the Office of Attorney Ethics (OAE) of any positive drug test results; (2) prior to reinstatement, respondent shall provide (i) proof of fitness to practice law, as attested to by a medical doctor approved by the OAE, and (ii) proof of continuous attendance at a substance use disorder treatment program following the termination, or the successful completion, of his probation; and (3) on reinstatement to practice, respondent shall provide the OAE with quarterly reports of his weekly attendance at a substance use disorder treatment program, for a period of two years;
And good cause appearing;
It is ORDERED that Michael A. Rowek is suspended from the practice of law for a period of two years, effective March 3, 2023, and until the further Order of the Court, and it is further
ORDERED that Michael A. Rowek shall immediately notify the Office of Attorney Ethics of any positive drug test results; and it is further
ORDERED that prior to reinstatement to practice, respondent shall provide proof of fitness to practice law, as attested to by a medical doctor approved by the OAE, and proof of continuous participation in a substance use disorder treatment program following the termination, or the successful completion, of his probation; and it is further
ORDERED that following reinstatement to practice, respondent shall provide the OAE with quarterly reports of his weekly participation in a substance use disorder treatment program, for a period of two years, and until the further Order 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 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.