Opinion
February 21, 1989.
DISCIPLINARY MATTERS
ORDER
The Office of Attorney Ethics having petitioned the Supreme Court for an order temporarily suspending Michael H. Smoller of Newark from the practice of law pursuant to Rule 1:20-5(b), and for restraints on the disbursal of funds from all accounts maintained pursuant to Rule 1:21-6, and good cause appearing;
It is ORDERED that MICHAEL H. SMOLLER of NEWARK, who was admitted to practice in this State in 1966, is temporarily suspended from the practice of law, effective immediately, and until further order of the Court; and it is further
ORDERED that the Office of Attorney Ethics take such protective action pursuant to Rule 1:20-11(c), as may be appropriate to gain possession and control of the legal files, records, practice and trust assets of Michael H. Smoller wherever situate, pending further order of this Court; and it is further
ORDERED that all funds, if any, presently existing in any New Jersey financial institution pursuant to Rule 1:21-6, including, but not limited to, Midlantic National Bank, Florham Park, New Jersey, attorney trust account no. 004402475 and attorney business account no. 004402467, shall be restrained from disbursement except upon application to this Court, for good cause shown, pending the further order of this Court; and it is further
ORDERED that Michael H. Smoller show cause before this Court on Tuesday, March 14, 1989, at 2:00 p.m. in the Supreme Court Courtroom, Hughes Justice Complex, Trenton, New Jersey, why the temporary suspension and restraints herein should not continue pending final disposition of any complaints and until further order of the Court and further why the trust funds maintained by respondent, restrained from disbursement by this Order, should not be transmitted by the financial institutions which are the present custodians to the Clerk of the Superior Court for deposit in the Superior Court Trust Fund pending further order of this Court; and it is further
ORDERED that the respondent may move prior to the return date of this Order to Show Cause, on the application for good cause shown, for modification of this Order or the restraints contained herein; and it is further
ORDERED that David E. Johnson, Jr., Esquire, or his designee, shall present this matter to the Court; and it is further
ORDERED that Michael H. Smoller be restrained and enjoined from practicing law during the period of suspension; and it is further
ORDERED that respondent comply with Administrative Guideline No. 23 of the Office of Attorney Ethics governing suspended, disbarred or resigned attorneys.