On Tuesday, July 2, 2024, the Supreme Court of New Jersey issued an order censuring attorney Brian J. Smith for violating ethics rules related to disciplinary cooperation and conduct.
The case is entitled “In the Matter of Brian J. Smith,” with case no. 089291.
The charges cited New Jersey Rules of Professional Conduct 8.1(b), and 8.4(d) which states:
Failing to cooperate with disciplinary authorities.
Engaging in conduct prejudicial to the administration of justice.
The Rules of Professional Conduct can be found here.
The order stemmed from a decision by the Disciplinary Review Board (DRB) recommending a six-month suspension for Smith’s actions. However, the Court determined a censure was the appropriate punishment.
Smith has been suspended from practicing law in New Jersey since March 2022 due to prior ethics violations. In 2022, the Court issued two orders suspending Smith and directing him to file an affidavit detailing his compliance with disciplinary rules, as required of all suspended attorneys.
Smith failed to file the mandated affidavit or respond to letters from the Office of Attorney Ethics (OAE) regarding the requirement. As a result, formal ethics charges were brought against Smith, accusing him of violating rules requiring cooperation with disciplinary authorities. Smith was also charged with conduct prejudicial to the administration of justice by ignoring the Court’s suspension orders.
Smith did not file an answer to the ethics complaint, causing the matter to proceed to the DRB by default. In an April 2024 decision, the DRB found Smith violated ethics rules as charged based on the default. The Board determined a six-month suspension was warranted given Smith’s disciplinary history and pattern of failing to cooperate with authorities.
However, the Court disagreed and believed a censure was sufficient. Smith’s disciplinary history includes a 2021 one-year suspension and a 2022 six-month suspension from law practice. Both prior cases involved misconduct like neglecting client matters, unauthorized practice of law, and lack of cooperation with disciplinary investigations.
In its order, the Court took a less severe approach and censured Smith for his current ethics violations. Smith will remain suspended under the existing 2022 suspension orders. He is also required to reimburse administrative costs of the latest disciplinary matter.
A copy of the original filing can be found here.
