NJ Supreme Court adopts readmission process

Since In re Wilson   45 years, ago disbarred attorneys in New Jersey had no path to reinstatement.  But they now will have an opportunity to apply for readmission to the Bar under a series of administrative determinations released today by the New Jersey Supreme Court. The Court acted on the recommendations of a committee created under the direction of a 2022 Supreme Court opinion In the Matter of Dionne Larrel Wade. 

The Wade opinion reaffirmed the longstanding practice that attorneys who knowingly misappropriate funds should be disbarred, but also raised the question of “whether and how to create a rigorous system that can determine if a lawyer disbarred for those reasons deserves a second chance years later.” But pursuant to the Wade decision, the Court convened a Special Committee comprised of lawyers, judges, and a cross-section of the public to examine the issue of permanent disbarment from multiple perspectives. 

 The Special Committee, by a significant majority, recommended that the Court adopt a path back from disbarment. Twenty-one (21) members voted for a path back, five (5) voted to maintain permanent disbarment, and two (2) abstained.

The Committee released its report in May 2023 allowing application for restoration after a five-year period if they have satisfied a series of requirements designed to evaluate whether they now possess the necessary competency, integrity, and character to practice law in New Jersey. The readmission process also includes case-specific safeguards designed to protect the public and retain confidence in the legal profession. 

“Going forward, New Jersey’s legal system will have a robust and fair review process that not only protects the public but also affords disbarred attorneys, who have taken appropriate steps, a chance to practice law again after five years,” Chief Justice Stuart Rabner said. “We are grateful to the members of the Wade Committee, particularly its co-chairs, retired Associate Justice Virginia A. Long and Camden County College President Dr. Lovell Pugh-Bassett, for their thoughtful review and thorough examination of the disbarment issue,” Chief Justice Rabner said. Along with approving the recommendation to allow for the possibility of reinstatement, the Court also determined that petitioners must: - bear the burden of proof in demonstrating clear and convincing evidence of rehabilitation in readmission proceedings. - earn a passing score on the New Jersey Bar Exam no more than one year prior to the filing of their application and pass the Multistate Professional Responsibility Examination (MPRE). - complete Continuing Legal Education courses specified by the Court before applying for readmission. - provide notice to all individuals whose complaints resulted in disbarment, including those whose complaints were docketed but dismissed as a result of the disbarment. - repay all aggrieved individuals. 

 The Court’s determination also allows it to use its discretion in imposing any number of conditions necessary to maintain the public trust. Should the Court deny a petition for readmission, the disbarred attorney must wait two years to reapply. The Court also retains the authority to impose permanent disbarment in egregious circumstances, and to order that no further applications be permitted from a specific petitioner. Petitions for readmission will be adjudicated by a new board, the Attorney Regulatory Board, which will make recommendations to the Court. New Jersey is now one of 42 states that provide disbarred attorneys a path to readmission. The Administrative Determinations and the Order can be found at njcourts.gov.