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Notice – Disciplinary Review Board – Defaults Scheduled for Review

DEFAULTS SCHEDULED FOR REVIEW BY THE DISCIPLINARY REVIEW BOARD
THURSDAY, APRIL 21, 2022

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 Neal E. Brunson
Docket No. DRB 22-015
District Docket No. XIV-2019-0632E

In the Matter of William M. Witherspoon
Docket No. DRB 22-022
District Docket No. XIV-2021-0215E

In the Matter of Thomas John Bonfiglio
Docket No. DRB 22-024
District Docket No. XIV-2018-0426E

In the Matter of Michael S. Wittenberg
Docket No. DRB 22-028
District Docket No. XIV-2019-0645E

These matters are scheduled to be reviewed by the Board on Thursday, April 21, 2022. 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 March 17, 2022. 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 charge. The motion must also 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.

Each 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).

Respondents 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: March 2, 2022

Publish Date: March 2, 2022