Order - Disciplinary Review Board – Defaults Scheduled for Review on September 21, 2023

DEFAULTS SCHEDULED FOR REVIEW
BY THE DISCIPLINARY REVIEW BOARD
THURSDAY, SEPTEMBER 21, 2023

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 Nosheen Khawaja
Docket No. DRB 23-136
District Docket Nos. XIV-2021-0019E and IIA-2022-0900E

In the Matter of Robert James Stack
Docket No. DRB 23-149
District Docket No. XB-2021-0012E

In the Matter of Andrew G. Bitnar
Docket No. DRB 23-158
District Docket Nos. XIV-2022-0261E and XIV-2022-0364E

These matters are scheduled to be reviewed by the Board on Thursday, September 21, 2023. 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 August 15, 2023. 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.

Respondents are 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.