On Wednesday, February 7, 2024, the New Jersey Supreme Court issued an order suspending Nino F. Falcone from the practice of law for one year.

The case is entitled “In the Matter of Nino F. Falcone,” with case no. 088684.

The charges cited New Jersey Rules of Professional Conduct 8.4(b)(c) and 8.4(g) which states:

Committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.

Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Engaging, in a professional capacity, in conduct involving discrimination–sexual harassment.

The suspension stems from a recommendation made by the New Jersey Supreme Court Disciplinary Review Board in its decision. In that decision, handed down in October 2023, the Board had determined that Falcone had violated the New Jersey RPC based on his conduct in an incident that also led to criminal charges.

Specifically, the Board’s decision summarized that in August 2019, Falcone, who had been an attorney licensed in New Jersey since 1984 and also served as a municipal court judge, had inappropriately touched a female client, referred to as J.D., during a meeting in his law office. J.D. reported that Falcone had hugged her in a prolonged embrace, rubbed her back, grabbed her wrist, placed his hands on her breasts squeezed them, and made verbal advances toward her.

Falcone disputed J.D.’s account and claimed the touching had been accidental during an embrace initiated by J.D. However, he subsequently admitted to “inappropriately” touching J.D. during a recorded phone call with her conducted as part of a law enforcement investigation. Based on the incident, Falcone was criminally charged with fourth-degree criminal sexual contact and admitted to a pretrial intervention program, resulting in the dismissal of the charges after he completed the required conditions.

The Board concluded Falcone’s actions constituted a criminal act adversely reflecting on his fitness as a lawyer, as well as conduct involving dishonesty, fraud, deceit or misrepresentation, and discrimination or sexual harassment in a professional capacity. The Supreme Court’s February 7th order imposed the recommended one-year suspension against Falcone, effective March 8, 2024, and also mandates he complies with requirements for suspended attorneys.

The Disposition states:

“It is ORDERED that Nino F. Falcone is suspended from the practice of law for a period of one year and until further order of the Court, effective March 8, 2024.”

According to avvo.com, Mr. Falcone is a business attorney in North Bergen, New Jersey. He attended the Seton Hall University. He acquired his law license in New Jersey in 1984.

A copy of the original filing can be found here.