On Friday, February 2, 2024, the Supreme Court of New Jersey issued an order suspending attorney Joshua F. McMahon from practicing law for one year. This comes after a recommendation from the Disciplinary Review Board for a two-year suspension following allegations of ethics violations.

The case is entitled “In the Matter of Joshua F. McMahon,” with case no. 088064.

The charges cited New Jersey Rules of Professional Conduct 3.2, 4.4(a), 8.2(a), and 8.4(d), which states:

Failing to treat all persons involved with the litigation process with courtesy and consideration.

Engaging in conduct that has no substantial purpose other than to embarrass, delay, or burden a third person.

Making a statement with reckless disregard for the truth or falsity thereof concerning the qualifications of a judge.

Engaging in conduct prejudicial to the administration of justice.

The Rules of Professional Conduct can be found here.

The Order from the Supreme Court details that McMahon was admitted to the New Jersey bar in 2005. In its decision, the Disciplinary Review Board found that McMahon violated the Rules of Professional Conduct based on his treatment of individuals involved in various legal matters over several years.

Specifically, the Board focused on McMahon’s behavior towards employees of the Union County and Essex County Prosecutor’s Offices regarding a 2016 criminal investigation, along with his conduct during a 2017 disciplinary hearing for a police officer in Mountainside and depositions for a civil case known as Kelly v. City of Elizabeth. Evidence presented included threatening emails sent to prosecutors, intimidating language used towards witnesses, and disrespectful treatment of opposing counsel. The Board rejected McMahon’s claims that such language was just part of his aggressive litigation style.

In its corrected decision on the case, the Disciplinary Review Board dismissed some of the original charges against McMahon but maintained its overall conclusion that he violated the Rules of Professional Conduct through a pattern of abusive behavior over many forums and extended periods. While the Board recommended a two-year suspension, the Supreme Court imposed a lesser one-year suspension while still requiring McMahon to show proof of mental fitness to practice law and completion of an anger management course before reinstatement.

The Order notes McMahon has been inactive from legal practice since February 2023. It indicates he must also comply with disclosure requirements for suspended attorneys. It orders reimbursement of administrative costs to the Disciplinary Oversight Committee.

The Disposition states:

“It is ORDERED that Joshua F. McMahon is suspended from the practice of law for a period of one year, and until further order of the Court, effective March 4, 2024.”

According to avvo.com, Mr. McMahon attended the Fordham University School of Law. He acquired his law license in New Jersey in 2005.

A copy of the original filing can be found here.