In re Freem, Docket No. 17-375
| Decision Date | 24 April 2018 |
| Docket Number | Docket No. 17-375 |
| Parties | IN THE MATTER OF JARRED S. FREEMAN AN ATTORNEY AT LAW |
| Court | New Jersey Supreme Court |
Disciplinary Review Board
Corrected Decision
Allan Marain appeared on behalf of the District VIII Ethics Committee.
Justin T. Loughry appeared on behalf of respondent.
To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey.
This matter was previously before us on September 14, 2017, on a recommendation for an admonition filed by the District VIII Ethics Committee (DEC). At that time, we determined to treat it as a recommendation for greater discipline and to bring the matter on for oral argument.
The seven-count complaint charged respondent with violations of RPC 1.2(a) (), RPC 1.4(b) (); RPC 3.3(a)(1) (), RPC 4.1(a)(1) (), RPC 8.1(a) () (two counts), and RPC 8.4(c) (). For the reasons expressed below, we determine to impose a three-month suspension.
Respondent was admitted to the New Jersey bar in 2009 and to the New York bar in 2010. He maintains a law office in Edison, New Jersey. He has no history of discipline in New Jersey.
This matter stems from respondent's representation of grievant Jazaar Redding, through the Office of the Public Defender (OPD) as a pool attorney. Respondent did not notify Redding about a hearing on his petition for post-conviction relief (PCR) before appearing on his behalf and then engaged in a web of lies and misrepresentations to the judge, to the OPD, and to the DEC with regard to his conduct.
Respondent's legal background bears some relevance in this matter. After graduating cum laude from Seton Hall University School of Law, he began his legal career as a law clerk to the Honorable Frederick De Vesa, J.S.C., who, at that time, was thepresiding Middlesex County criminal judge. Thereafter, he worked for Cavanagh and Associates until 2012, when he opened his own practice, which consists almost entirely of criminal cases. Respondent handles many cases for the OPD, as a pool attorney, for which he is paid at the rate of $50 per hour.
In November 2004, Redding, who at the time was twenty-one years old, was charged with second-degree sexual assault and endangering the welfare of a minor after engaging in sexual activity with a fourteen-year-old girl. Redding claimed that, at the time, he believed that she was seventeen or eighteen years old. Although Redding maintained that the conduct was consensual, N.J.S.A. 2C:14-2(c)(4) includes, as sexual assault, an act of sexual penetration where the victim is less than sixteen years old and the actor is at least four years older than the victim.
Redding pleaded guilty to endangering the welfare of a child. In exchange, the prosecutor dismissed the sexual assault charge and recommended a non-custodial sentence. Redding was sentenced to two years of probation and Parole Supervision for Life (PSL), under Megan's Law.1 Redding was not sentenced to a term of imprisonment, but was required to report to a parole officer and to inform the officer of any changes in his residenceor employment. Because Redding twice violated the terms of his parole, in 2006 and 2010, the Parole Board revoked his supervision for life and imposed a term of incarceration. He was released from prison in March 2013.
In April 2012, while incarcerated on unrelated charges, Redding applied for post-conviction relief (PCR) and sought the assistance of counsel. In his petition, he admitted that he had engaged in sexual activity with a minor, but argued that his conviction should be vacated because he believed that the minor was over eighteen years of age and their relations were consensual, and, due to the ineffective assistance of counsel, he did not understand (1) the significance of the PSL sentence at the time of his plea, (2) the concept of an appeal, or (3) his right to appeal the sentence. His primary goal was to obtain relief from PSL under Megan's Law.
In July 2012, the OPD assigned Redding's PCR matter to respondent. Redding recalled meeting with respondent only once, during his incarceration, possibly via video conference; making arrangements to meet with respondent after his release; and receiving respondent's December 7, 2012 letter, attaching a brief in support of the PCR motion.
On April 4, 2013, soon after his release, Redding and his sister, Queen N. Stewart, Esq., met with respondent atrespondent's Edison office. Redding claimed that, at the time, he lived at a Kent Street, Newark, New Jersey address, as he had for the past ten years, with the exception of earlier periods of incarceration. Stewart confirmed that Redding had always lived at that address with his father and that it was his main residence. She later admitted that, at times, he also stayed with family in Asbury Park and Neptune, New Jersey. Redding claimed that he provided respondent with the Kent Street address and his cell phone number, which periodically was not operational when he failed to pay his bill.
Respondent counselled Redding against pursuing the PCR petition, because, if his conviction were vacated, the authorities could resurrect the sexual assault charge. In that case, respondent advised, Redding would likely be convicted because he had engaged in a strict liability offense and admitted as much in his PCR application. Against respondent's advice, Redding was willing to take the chance, in order to free himself from PSL. According to respondent, he informed Redding of another option - to negotiate with the prosecutor to reduce the charge to one without a PSL component, for which Redding would be required to obtain, and provide to respondent, documentation showing Redding's good moral character and positive contributions tosociety. Redding, however, did not recall having such a conversation with respondent.
During the April 4, 2013 meeting, Stewart gave respondent her business card, containing the address and telephone number of her then employer, the Law Office of Adrienne D. Edward, P.C. Stewart testified that she provided the contact information in case respondent had difficulty getting in touch with Redding. She added her personal cell phone number on the back of the card.
Respondent asserted that, at that meeting, Redding had stated that he "was currently between residences" and would provide respondent with a permanent address upon obtaining one. According to respondent, because Redding's family members would not let him live with them, he was a transient. He claimed that Redding's Kent Street address was no longer valid, and that Redding was living either in Asbury Park or Neptune. Redding denied this claim, stating that he lived with his father and had a working cell phone.
By court order dated May 7, 2013, respondent received notice that Redding's PCR hearing was scheduled for August 2, 2013. Respondent never notified Redding orally of the hearing date. Likewise, nothing in respondent's file reflected that he had communicated the hearing date to either Redding or Stewart.Respondent conceded that, if a letter had been sent to Redding, a hard copy of it would have been in the file.
According to Redding, he did not contact respondent after their meeting because he was waiting to hear from respondent. Redding did not expect to receive a court date any time soon, because he understood "it would be a waiting process." He testified that, after their initial meeting, he neither heard from respondent nor received any correspondence from him. Between Redding's April 4, 2013 meeting with respondent and the August 4, 2013 PCR hearing, Redding was not incarcerated. His father was available to receive mail on his behalf at the Kent Street address, and he was in contact with Stewart, who could have relayed information to him, had respondent reached out to her.
In turn, respondent explained that he had not contacted Redding because he did not have a valid address, noting that neither Redding nor Stewart had tried to contact him. Indeed, respondent claimed that Redding had instructed him not to mail anything to the Kent Street address because Redding would be residing at another address, which he would later provide.
Redding countered that, despite respondent's claims that he did not have a valid address, his parole officer knew his whereabouts, due to required office visits and monthly "pop-up" visits at his home.
Respondent asserted that he did not contact Redding's parole officer for Redding's contact information, because he did not want to alert the parole officer that he could not locate Redding, lest it lead to a parole violation. Moreover, he claimed, the OPD's policy was to not involve the Parole Board in such matters. Raymond Black, Deputy Public Defender, PCR Unit, who testified in respondent's behalf, confirmed that a call to the Parole Board could initiate a violation of parole investigation. He stated that a good-faith effort to locate the client must be conducted, nevertheless. According to Black, if the client cannot be found, the attorney must notify the court that the attorney could not discuss the petition with the client, and the attorney should move to withdraw the petition.
Respondent claimed that, as the date for the PCR hearing approached, he became concerned that he could not locate Redding. As "a routine occurrence, once, twice a week" he reminded his secretary, Jenny Tobin, to try to contact Redding.2 He did not try to contact Redding personally, but spoke to Stewart twice at her law office, and...
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