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In re Kelley

Citations: 217 N.J. 364; 89 A.3d 583; 2014 WL 2047907; 2014 N.J. LEXIS 482

Court: Supreme Court of New Jersey; May 19, 2014; New Jersey; State Supreme Court

Narrative Opinion Summary

The Court has granted the petition from the Office of Attorney Ethics for the immediate temporary suspension of attorney Daniel B. Kelley, who has been a member of the bar since 1998. This action follows an Order issued on April 10, 2014, requiring Kelley to provide relevant records to the Office of Attorney Ethics within thirty days. Kelley failed to comply with this directive, prompting the current suspension. Effective immediately, Kelley is restrained from practicing law until further notice from the Court. He is also required to adhere to Rule 1:20-20, which pertains to suspended attorneys. Additionally, any funds held in New Jersey financial institutions by Kelley are to be restrained from disbursement, with transfers directed to the Clerk of the Superior Court for deposit into the Superior Court Trust Fund, pending further Court orders. The entire record of this case will be permanently included in Kelley's attorney file.

Legal Issues Addressed

Failure to Comply with Court Order

Application: An attorney's failure to comply with an order to provide records within a specified time frame results in suspension and additional sanctions.

Reasoning: This action follows an Order issued on April 10, 2014, requiring Kelley to provide relevant records to the Office of Attorney Ethics within thirty days. Kelley failed to comply with this directive, prompting the current suspension.

Immediate Temporary Suspension of Attorney

Application: The Court grants the temporary suspension of an attorney who fails to comply with a directive to provide records to the Office of Attorney Ethics.

Reasoning: The Court has granted the petition from the Office of Attorney Ethics for the immediate temporary suspension of attorney Daniel B. Kelley, who has been a member of the bar since 1998.

Permanent Record Inclusion

Application: The entire record of the suspension case is permanently included in the attorney's professional file.

Reasoning: The entire record of this case will be permanently included in Kelley's attorney file.

Restraint and Transfer of Attorney Funds

Application: Funds held by a suspended attorney in financial institutions are restrained from disbursement and must be transferred to the Superior Court Trust Fund.

Reasoning: Additionally, any funds held in New Jersey financial institutions by Kelley are to be restrained from disbursement, with transfers directed to the Clerk of the Superior Court for deposit into the Superior Court Trust Fund, pending further Court orders.

Restrictions on Practice of Law for Suspended Attorneys

Application: A suspended attorney is restrained from practicing law and must adhere to specific rules governing suspended attorneys.

Reasoning: Effective immediately, Kelley is restrained from practicing law until further notice from the Court. He is also required to adhere to Rule 1:20-20, which pertains to suspended attorneys.