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In re Montefusco

Citations: 193 N.J. 591; 941 A.2d 594; 2008 N.J. LEXIS 111

Court: Supreme Court of New Jersey; February 21, 2008; New Jersey; State Supreme Court

Narrative Opinion Summary

John J. Montefusco, an attorney from Parsippany admitted to the bar in 1966, has pleaded guilty to honest services mail fraud under federal law (18 U.S.C.A. 1341, 1346, and 2) in the United States District Court for the District of New Jersey. Consequently, he is temporarily suspended from practicing law, effective immediately, pending the outcome of ethics proceedings. During this suspension, Montefusco is prohibited from practicing law. The court orders that all records related to this matter be permanently included in his attorney file and mandates compliance with Rule 1:20-20, which pertains to suspended attorneys.

Legal Issues Addressed

Compliance with Rules for Suspended Attorneys

Application: Suspended attorneys are required to comply with specific rules governing their conduct during the suspension period.

Reasoning: The court...mandates compliance with Rule 1:20-20, which pertains to suspended attorneys.

Inclusion of Disciplinary Records

Application: The court mandates that all records related to the attorney's disciplinary matter be permanently included in his attorney file.

Reasoning: The court orders that all records related to this matter be permanently included in his attorney file.

Prohibition of Legal Practice During Suspension

Application: An attorney under suspension is explicitly prohibited from engaging in the practice of law during the suspension period.

Reasoning: During this suspension, Montefusco is prohibited from practicing law.

Temporary Suspension of Attorney

Application: The court imposes a temporary suspension on an attorney who has pleaded guilty to a criminal offense, pending the outcome of further ethics proceedings.

Reasoning: Consequently, he is temporarily suspended from practicing law, effective immediately, pending the outcome of ethics proceedings.