Scavone, Matter of
Decision Date | 06 May 1987 |
Citation | 524 A.2d 813,106 N.J. 542 |
Parties | In the Matter of Daniel J. SCAVONE, An Attorney-at-Law. |
Court | New Jersey Supreme Court |
Collette A. Coolbaugh, Executive Counsel, Trenton, argued the cause on behalf of Disciplinary Review Board.
Morris M. Schnitzer, Newark, for respondent.
This matter comes to us on the recommendation of the Disciplinary Review Board (DRB) that the license to practice law of respondent, Daniel J. Scavone, be revoked. When respondent applied for admission to the bar, he misrepresented to the Committee on Character (Committee) in an answered questionnaire that he had not been "disciplined, reprimanded, suspended, expelled or asked to resign from any educational institution."
Apparently, the Committee staff had misplaced the law school certificate known as Form # 3 that is part of the application for admission to the bar. The law school, St. Louis University, had completed the form by answering "Yes" to question two: "Was this individual the subject of disciplinary action, hearings, suspension, or was there any other factor which would pertain to this individual's fitness to practice law?" Through an oversight, the Committee certified that respondent was fit to be admitted to the bar, and he was admitted on December 20, 1984.
Thereafter, the facts came to light, and the matter was presented to this Court. We remanded it to the Committee, which conducted a hearing, at which respondent was represented by counsel. The Committee concluded that respondent should be sanctioned but did "not recommend any particular sanction in view of the fact that such a recommendation is not within this Committee's jurisdiction." The Committee forwarded its report to the DRB, which conducted a second hearing at which respondent was also represented by counsel. The DRB recommended "that respondent's license to practice law be immediately revoked." We agree.
The DRB summarized the facts as they were developed before it and the Committee:
academic career that he was not near the top of his class. Respondent found it difficult to obtain a law related summer job after his first year at law school.
This Statement is intended to provide the Committee on Character with information relevant to your fitness to practice law. Candor and truthfulness are significant elements of such fitness. You should, therefore, provide the Committee with all available information, however unfavorable, even if its relevance is in doubt. Disclosure must be as detailed as possible. FAILURE TO DISCLOSE REQUESTED INFORMATION WILL RESULT IN CERTIFICATION BEING WITHHELD.
Was this individual the subject of disciplinary action, hearings, suspension, or was there any other factor which would pertain to this individual's fitness to practice law?
"That form was forwarded to the Clerk of the Supreme Court of New Jersey by letter dated June 6, 1984 in which the law school dean stated in part:
... I believe that the circumstances surrounding his [respondent's] withdrawal from the University of Pennsylvania were an aberration from his normal character and that his character and conduct at Saint Louis University School of Law were above reproach.
acknowledged if he had not withdrawn from the school, the school would have commenced disciplinary action against him.
... was a very difficult decision to make because I wanted to put down no, okay, but the one reason I wanted to put down yes, the only reason I wanted to put down yes was because I was positive, like I said, that I was going to be at a hearing like this...
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...even painful to tell the truth.'" In re Mikus, 2006-NMSC-012, ¶ 9, 139 N.M. 266, 131 P.3d 653 (per curiam) (quoting In re Scavone, 106 N.J. 542, 524 A.2d 813, 820 (1987)). As we have previously recognized, misrepresentation can be by either commission or omission. {36} Respondent had a duty......
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Kotok, Matter of
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