On Thursday, April 20, 2023, the Supreme Court of the State of New York Appellate Division, Third Judicial Department publicly censured Pennsylvania attorney Jonathan Robert Avolio for lack of candor in the bar application process.

The case is styled ‘In the Matter of Jonathan Robert Avolio’ and was brought by the Attorney Grievance Commission (AGC) under case #PM-87-23.

According to the Memorandum and Order, Avolio informed the Office of Attorney Admissions that he had been arrested and charged with disorderly conduct in New Jersey, in the period when his application for admission was under review by the Court, and just four days before he was finally admitted to practice law in New York.

For this reason, AGC accused Avolio of violating Rule 8.1(a) of the Rules of Professional Conduct, due to his lack of candor in the bar application process.

After the parties in the case had joined the issue, AGC filed a motion requesting a court order stating that there were no significant factual disputes that required a hearing. Avolio opposed AGC’s motion and filed a cross-motion to dismiss the petition on the grounds of failure to state a cause of action. AGC responded to Avolio’s cross-motion by filing an affirmation by September 23, 2022. In a confidential decision and order, the court granted AGC’s motion, found the misconduct to be established, and denied Avolio’s cross-motion. Following this decision, the parties were given an opportunity to present arguments on aggravation, mitigation, and the sanction to be imposed. The court also heard from the parties during an oral argument.

The filing states:

“The record reflects that, four days before he was admitted to practice in this state in June 2014, respondent was arrested in New Jersey. However, respondent did not disclose this arrest to New York authorities until 2019 following his participation in another jurisdiction’s character and fitness evaluation process, and despite the fact that he disclosed three prior interactions with law enforcement when his application for admission in this state was submitted to this Court for consideration.”

Avolio argued that his failure to amend his admission application or otherwise disclose the arrest prior to his admission resulted from a failure to appreciate his continuing obligation to disclose the same up until his admission to the bar.

Accordingly, the Court after reviewing the parties’ submissions and arguments, and after due consideration of certain mitigating factors including Avolio’s clean disciplinary history, deemed it appropriate to impose discipline in the form of censure for Avolio’s misconduct.

Mr. Jonathan Robert Avolio maintains his law practice in Philadelphia, Pennsylvania. He is listed as the principal of Javolio Law. He attended Suffolk University Law School, class of 2013. He has been admitted to the State Bars of New York, New Jersey, and Pennsylvania. His online bio can be found on LinkedIn.

A copy of the original filing can be found here.