Summary
noting that the county prosecutors in the two cases before the Court had taken opposing positions with respect to the question whether individuals who received conditional discharges for marijuana offenses prior to the Legislature's adoption of the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:61-32 to -56, are statutorily ineligible for admission into the pretrial intervention program
Summary of this case from Am. Civil Liberties Union of N.J. v. Cnty. Prosecutors Ass'n of N.J.Opinion
D-123 September Term 2021 087325
02-09-2023
In the MATTER OF David R. WALDMAN, An Attorney At Law (Attorney No. 011892002)
ORDER The Disciplinary Review Board having filed with the Court its decision in DRB 22-012, concluding that as a matter of final discipline pursuant to Rule 1:20-13(c)(2), David R. Waldman of New York, New York , who was admitted to the bar of this State in 2005, should be suspended from the practice of law for a period of three years following respondent's guilty plea and conviction in the United States District Court for the Southern District of New York, to one count of cyberstalking, contrary to 18 U.S.C. § 2261A(2)(B), conduct in violation of RPC 8.4(b) (commission of a criminal act that reflects adversely on a lawyer's honesty, trustworthiness or fitness as a lawyer in other respects);
And the Disciplinary Review Board having determined that prior to reinstatement to practice, respondent should be required to submit to the Office of Attorney Ethics proof of his continued sobriety and treatment for substance abuse and proof of his fitness to practice law, as attested to by a medical doctor approved by the Office of Attorney Ethics;
And good cause appearing;
It is ORDERED that David R. Waldman is suspended from the practice of law for a period of three years, and until the further Order of the Court, effective immediately; and it is further
ORDERED that prior to reinstatement to practice, David R. Waldman shall submit to the Office of Attorney Ethics proof of his continued sobriety and treatment for substance abuse and proof of his fitness to practice law, as attested to by a medical doctor approved by the Office of Attorney Ethics; 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.