On Wednesday, November 15, 2023, Timothy Joseph McIlwain, an attorney based in Hoboken, New Jersey, was reinstated to the practice of law by the Supreme Court of New Jersey after a one-month suspension that concluded in September. McIlwain had been suspended on July 13, 2023, for misconduct related to a child custody dispute.
The case is entitled “In the Matter of Timothy Joseph McIlwain,” with case no. 088779.
The suspension stemmed from McIlwain’s actions in a February 2019 case where he took his young daughter from Kentucky to New Jersey without the mother’s consent. The mother promptly filed for custody in Kentucky, but McIlwain responded by filing for custody in New Jersey Superior Court. Despite a March 4, 2019 hearing where a New Jersey judge dismissed the matter and relinquished jurisdiction to Kentucky under the Uniform Child Custody Jurisdiction and Enforcement Act, McIlwain continued submitting frivolous motions and pleadings in New Jersey.
In its March 6, 2023 decision, the Disciplinary Review Board found that McIlwain violated ethics rules prohibiting frivolous filings and conduct prejudicial to the administration of justice through his “multiple frivolous submissions” related to the custody case. The Board also determined McIlwain improperly issued subpoenas with threats of contempt to the mother’s employers and required her to withdraw her grievance against him. While McIlwain had no prior disciplinary issues in his 27 years of practice, the Board was troubled by his “refusal to accept responsibility for his misconduct.”
Based on its review, the Supreme Court suspended McIlwain’s law license for one month effective August 18, 2023. However, McIlwain’s suspension concluded as scheduled in September.
On November 15, 2023, the Supreme Court issued an order reinstating McIlwain to the practice of law based on a recommendation from the Disciplinary Review Board. The order, effective immediately, closed the matter and allowed McIlwain to resume practicing law in New Jersey.
The Disposition states:
“It is ORDERED that Timothy Joseph McIlwain is hereby reinstated to the practice of law, effective immediately.”
According to avvo.com, Mr. McIlwain is a personal injury attorney in Hoboken, New Jersey. He is the founder of Timothy J. McIlwain, Attorney at Law, LLC. He attended the New York Law School, graduating in 1995. He acquired his law license in New Jersey in 1996.
A copy of the original filing can be found here.