Notice and Order - Expansion of Availability of Agreement in Lieu of Discipline ("Diversion") for Minor Attorney Misconduct - Amendments to Rule 1:20-3(i)(2)(B)(i)

The Supreme Court has amended Rule 1 :20-3(i)(2)(B)(i) ("Agreements in Lieu of Discipline"). That Rule affords attorneys who are found to have committed minor misconduct the opportunity to address that misconduct through the non-disciplinary and confidential mechanism of an Agreement in Lieu of Discipline, also known as "diversion." 

As amended, the Rule requires the Office of Attorney Ethics Director to consider diversion in all cases involving a finding of minor unethical conduct. In addition, the Rule as amended allows individuals to enter the diversion program after the issuance of a formal disciplinary complaint in appropriate circumstances. 

Expansion of the existing diversion program serves both primary purposes of the ·attorney disciplinary system: "to protect the public and preserve public confidence in the bar." In re Wigenton, 210 N.J. 95, 102 (2012). 

The Court's attached May 11, 2023 Order is effective immediately. 

Questions on this notice should be directed to the Supreme Court Clerk's Office at (609) 815-2955.