Opinion
March 12, 1976.
This matter having been opened to the Court by petition of Robert E. Cowen, Chief, Central Ethics, in the Administrative Office of the Courts, State of New Jersey, and an Order to Show Cause having been made returnable before this Court on February 24, 1976, and the Court having heard oral argument;
And it appearing that the Union County Ethics Committee heretofore, to wit, on June 6, 1975, caused to be served upon respondent a subpoena duces tecum calling for the production before a member of said Ethics Committee of certain books and records required by R. 1:21-6 to be maintained by all attorneys practicing in this State, together with certain other records covering the period January 1, 1970 to June 15, 1975; and that in response thereto respondent through his attorney moved before this Court for, among other relief, an order restraining said Ethics Committee and its members from taking any depositions in connection with this cause, on which motion argument was heard before this Court on October 21, 1975;
And it further appearing that on December 2, 1975, respondent together with his attorney and his accountant appeared in response to the aforementioned subpoena in the office of a member of the Ethics Committee, at which time as well as on the adjourned date, the books and records called for by the aforementioned subpoena were not produced in their entirety;
And it further appearing that respondent through his attorney concedes that in some respects the books and records required by R. 1:21-6 to be maintained have not in fact been maintained, but that a reconstruction of the requisite information is presently being undertaken;
It is ORDERED that respondent's motion, to the extent that it may include a motion to quash the subpoena duces tecum, be and is hereby denied; and it is further
ORDERED that respondent, LEROY C. GIPSON, JR., be and is hereby temporarily suspended from the practice of law until further order of this Court; and it is further
ORDERED that respondent, LEROY C. GIPSON, JR., may make application for reinstatement upon certification to this Court by the Union County Ethics Committee of its receipt of those materials, or satisfactory reconstruction thereof, made the subject of its subpoena duces tecum served upon respondent on June 6, 1975, said materials to include the data necessary to complete the "spread sheet" referred to in the transcript of testimony taken on December 2, 1975, at pages 61 and 89 through 95; and it is further
ORDERED that LEROY C. GIPSON, JR., be and hereby is restrained and enjoined from practicing law during the period of his suspension.