Attorney Al Wheeler Cleared of Ethics Violations as New Jersey Supreme Court Dismisses Case Involving Court Scheduling Conflict

On Tuesday, October 1, 2024, the Supreme Court of New Jersey dismissed ethics charges against attorney Al Wheeler.

The case is entitled “In the Matter of AI Wheeler,” with case no. 089736.

The charges stemmed from events that occurred on September 16, 2019, in which Wheeler represented a criminal defendant, M.M., in proceedings before Superior Court Judge Cristen D’Arrigo in Cumberland County. Wheeler had other court appearances scheduled that day in Salem County for other clients. When Judge D’Arrigo told Wheeler to “stick around” for M.M.’s 10 AM hearing, Wheeler departed for his Salem County matters without notifying the judge or staff.

M.M.’s hearing commenced without Wheeler present. Judge D’Arrigo’s staff spent the day attempting to locate Wheeler. He did not return to Judge D’Arrigo’s courtroom until after concluding his Salem County matters, arriving around 4 PM as other hearings were still taking place.

The Office of Attorney Ethics (OAE) investigated the matter and charged Wheeler with violating Rules of Professional Conduct RPC 3.4(c), which prohibits knowingly disobeying a court order, and RPC 8.4(d), which prohibits conduct prejudicial to the administration of justice. The District IIIB Ethics Committee heard the case on June 23, 2023, and found clear and convincing evidence that Wheeler violated RPC 3.4(c) but not RPC 8.4(d). It recommended a reprimand.

However, on further review, the Disciplinary Review Board filed a decision on August 5, 2024, recommending the dismissal of all charges. It found Judge D’Arrigo’s instruction to “stick around” did not constitute a court order under RPC 3.4(c). It also found no evidence Wheeler’s actions caused unnecessary expenditure of court resources to violate RPC 8.4(d).

The Supreme Court’s October 1, 2024 order adopted the Review Board’s recommendation, officially dismissing the ethics complaint against Wheeler and concluding the matter in his favor. The dismissal brings an end to a case that examined the boundaries of an attorney’s responsibilities when confronted with scheduling conflicts across multiple courts.

According to the filing, Mr. Wheeler acquired his law license in New Jersey in 2006.

A copy of the original filing can be found here.