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In re Milita

Citations: 217 N.J. 19; 84 A.3d 261; 2014 WL 650145; 2014 N.J. LEXIS 36

Court: Supreme Court of New Jersey; February 12, 2014; New Jersey; State Supreme Court

Narrative Opinion Summary

MARTIN J. MILITA, JR., an attorney admitted to the bar in 1981, has been formally censured following the Disciplinary Review Board's decision in case DRB 13-159. He violated RPC 8.4(b) by committing a criminal act that negatively impacted his honesty, trustworthiness, and fitness as a lawyer. The Board ordered that he continue treatment with an approved mental health professional for two years, or until further notice from the Court. Additionally, the entire record of this case will be permanently added to his attorney file. MILITA is also required to reimburse the Disciplinary Oversight Committee for administrative costs and expenses related to this matter, as stipulated in Rule 1:20-17.

Legal Issues Addressed

Mandated Mental Health Treatment as Disciplinary Action

Application: The attorney is required to undergo treatment with an approved mental health professional for a specified duration as part of the disciplinary measures.

Reasoning: The Board ordered that he continue treatment with an approved mental health professional for two years, or until further notice from the Court.

Permanent Recordation of Disciplinary Actions

Application: The details of the disciplinary case will be permanently recorded in the attorney's file as part of the sanctions imposed.

Reasoning: Additionally, the entire record of this case will be permanently added to his attorney file.

Professional Misconduct and Violation of RPC 8.4(b)

Application: The attorney was censured for committing a criminal act that adversely reflected on his honesty, trustworthiness, or fitness as a lawyer.

Reasoning: He violated RPC 8.4(b) by committing a criminal act that negatively impacted his honesty, trustworthiness, and fitness as a lawyer.

Reimbursement of Administrative Costs by Disciplined Attorney

Application: The attorney is obligated to reimburse the Disciplinary Oversight Committee for costs and expenses incurred during the disciplinary process.

Reasoning: MILITA is also required to reimburse the Disciplinary Oversight Committee for administrative costs and expenses related to this matter, as stipulated in Rule 1:20-17.