On Friday, May 3, 2024, the Supreme Court of New Jersey issued an order disbarring attorney David Richard Cubby Jr. from practicing law.
The case is entitled “In the Matter of David Richard Cubby, Jr.,” with case no. 089016.
The charges cited New Jersey Rules of Professional Conduct 5.5(a)(1), 8.1(b), and 8.4(d), which states:
Practicing law while ineligible and suspended.
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 comes after the state’s Disciplinary Review Board recommended in January 2024 that Cubby be disbarred for violating numerous ethics rules. In a decision, the board found that Cubby violated rules regarding the unauthorized practice of law, failing to cooperate with disciplinary authorities, and engaging in conduct prejudicial to the administration of justice.
Specifically, the board found that Cubby violated rules prohibiting practicing law while ineligible or suspended on two occasions. Cubby corresponded with the New Jersey Appellate Division in November 2020 regarding an appeal he was handling for a client, despite being declared ineligible to practice law that October and November for failing to meet registration and financial requirements.
The board also found Cubby violated rules by practicing before Judge Bonnie Mizdol in August 2021 while temporarily suspended. Cubby sent Judge Mizdol multiple letters, improperly holding himself out as a licensed attorney and requesting hearings on various legal matters.
In addition, Cubby failed to cooperate with the Office of Attorney Ethics’ investigation into his attorney trust and business accounts and refused to comply with a September 2021 court order requiring him to disclose information about his accounts. He also violated rules by failing to file an affidavit documenting his compliance with obligations for suspended attorneys.
Throughout the disciplinary proceedings, Cubby attacked authorities with unfounded conspiracy allegations and accused judges and OAE staff of misconduct. He declared in emails that all orders against him were “void” and announced his intention to continue practicing law.
The Disciplinary Review Board recommended disbarment, finding clear proof that nothing would overcome Cubby’s “penchant for disregarding ethics rules.” Given his default on the proceedings and “demonstrable refusal to learn from his mistakes,” the board saw no evidence he could practice law properly in the future.
In its May 2024 order, the Supreme Court disbarred Cubby immediately based on the board’s recommendation. Cubby must now comply with rules for disbarred attorneys and is permanently banned from practicing law in New Jersey. The court also ordered Cubby to pay costs associated with the disciplinary case. Cubby has a history of prior discipline and ethical violations dating back to 2019.
The Disposition states:
“It is ORDERED that David Richard Cubby, Jr., be disbarred, effective immediately, and that respondent’s name be stricken from the roll of attorneys.”
According to avvo.com, Mr. Cubby is a foreclosure attorney in Patterson, New Jersey. He acquired his law license in New Jersey in 2011.
A copy of the original filing can be found here.
