Notice – Defaults Scheduled for Review by the Disciplinary Review Board on November 21, 2024
The following matters have been certified to the Disciplinary Review Board as defaults, in accordance with R. 1:20-4(f):
In the Matter of Jon Mitchell De Masi
Docket No. DRB 24-188
District Docket No. IV-2022-0026E
In the Matter of Nathaniel Martin Davis
Docket No. DRB 24-189
District Docket No. XIV-2023-0156E
In the Matter of Morton Chirnomas
Docket No. DRB 24-191
District Docket No. XIV-2023-0283E
In the Matter of Annmarie F. De Primo
Docket No. DRB 24-207
District Docket No. XIV-2024-0326E
These matters are scheduled to be reviewed by the Board on Thursday, November 21, 2024. R. 1:20-4(f) provides that an attorney-respondent’s failure to timely file an answer “shall be deemed an admission that the allegations of the complaint are true and . . . provide sufficient basis for the imposition of discipline.” Although chances for a successful motion are limited, a motion to vacate the default may be filed with the Board by no later than October 21, 2024. MOTIONS RECEIVED AFTER THE DEADLINE WILL NOT BE REVIEWED BY THE BOARD. The motion should specify why the attorney respondent failed to file a timely answer (including lack of notice) and should set forth any claimed meritorious defenses to the ethics charges. The motion also must be simultaneously served on the Director of the Office of Attorney Ethics and, where appropriate, the district ethics committee responsible for the underlying ethics matter. A certification regarding that service must accompany any documents filed with the Board.
Respondent is hereby advised that, generally, in a default matter, the discipline is enhanced to reflect a respondent’s failure to cooperate with disciplinary authorities as an aggravating factor. In re Kivler, 193 N.J. 332, 338 (2008).
Respondent may communicate with the Board by contacting the Office of Board Counsel at:
P.O. Box 962, Trenton, NJ 08625, Telephone: 609-815-2920, E-Mail: DRB.MBX@njcourts.gov.
Document Date: Oct. 8, 2024
Publish Date: Oct. 9, 2024