SUPREME COURT OF NEW JERSEY
It is ORDERED that the attached amendments to Rules 1 :20-4 ("Formal Proceedings"), 1 :20-6 ("Hearings"), and 1 :20-7 ("Additional Rules of Procedure") of the Rules Governing the Courts of the State of New Jersey are adopted to be effective immediately.
1:20-4. Formal Proceedings
(a) … no change
(b) … no change
(c) … no change
(d) Filing and Service. The original complaint shall be filed with the secretary of the Ethics Committee or the designated special ethics master to whom the case is assigned. If the matter will be determined by an Ethics Committee, service of the complaint shall be made by the secretary; otherwise service shall be made by the Director. A copy of the complaint shall be served on the respondent and respondent's attorney, if known, in accordance with Rule 1:20 -7(h), together with written notice advising the respondent of the requirements of Rule 1:20-4(e) and (f), the name and address of the secretary or the Director as appropriate, as well as the address and telephone number of the vice chair of the Ethics Committee or special ethics master to whom all questions and requests for extension of time to file answers shall be directed. In appropriate circumstances, the secretary or the Director shall forward a copy of every complaint to the respondent's law firm or public agency employer in accordance with Rule [1:20 -9(k) ] 1:20 -9(l).
(e) … no change
(f) … no change
(g) … no change
Note: Text and former R. 1:20-4 redesignated R. 1:20 -15. New text to R. 1:20 -4, adopted January 31, 1995 to be effective March 1, 1995; paragraph (e) amended July 5, 2000 to be effective September 5, 2000; paragraphs (e) and (f)(2) amended July 12, 2002 to be effective September 3, 2002; paragraphs (a), (b), (d), (e), (f), and (g) amended July 28, 2004 to be effective September 1, 2004; paragraph (d) amended August 1, 2006 to be effective September 1, 2006; paragraph (b) amended July 9, 2008 to be effective September 1, 2008; paragraph (d) amended December 28, 2023 to be effective immediately.
1:20-6. Hearings
(a) … no change
(b) … no change
(c) Hearings Involving Unethical Conduct; When Required.
(1) … no change
(2) Notice and Conduct of Hearings.
(A) … no change
(B) … no change
(C) … no change
(D) … no change
(E) … no change
(F) Public Hearings. Unless a protective order has been issued in
accordance with Rule 1:20 -9(i) [1:20 -9(h)], all hearings shall be open to the public in accordance with Rule 1:20 -9(c).
(d) … no change
(e) … no change
Note: Adopted January 31, 1995 to be effective March 1, 1995 paragraph (c) amended July 25, 1995, to be effective immediately; paragraph (b)(2) amended July 5, 2000 to be effective September 5, 2000; paragraphs (a)(1), (a)(2), and (c)(2)(E)(i) amended July 12, 2002 to be effective September 3, 2002; paragraphs (a) and (b) amended, paragraph (c) caption and text amended, former paragraph (d) deleted, and new paragraph (d) adopted July 28, 2004 to be effective September 1, 2004; new paragraph (e) adopted July 27, 2006 to be effective September 1, 2006; subparagraph (c)(2)(F) amended August 1, 2006 to be effective September 1, 200 6; subparagraphs (b)(1) and (c)(2)(A) amended July 9, 2008 to be effective September 1, 2008; paragraph (b)(3) amended December 8, 2010 to be effective January 1, 2011; subparagraph (b)(2) amended July 28, 2017 to be effective September 1 2017; subparagraph (b)(2) amended July 31, 2020 to be effective September 1, 2020; subparagraph (c)(2)(F) amended December 28, 2023 to be effective immediately.
1:20-7. Additional Rules of Procedure
(a) … no change
(b) … no change
(c) … no change
(d) … no change
(e) … no change
(f) … no change
(g) … no change
(h) … no change
(i) … no change
(j) … no change
(k) … no change
(l) … no change
(m) Transcripts. Where in a pending matter a respondent is found guilty of unethical conduct warranting reprimand, censure, suspension, or disbarment, the trier of fact shall order the original transcript and shall file it, together with its report and the record of the matter, with the Board. If no finding of unethical conduct is made, the trier of fact may order the transcript only with prior permission of the Director or the Board. Where a matter is pending, a respondent may, at personal expense, order a transcript of the hearing, provided that the respondent also directs the reporter to furnish a copy of the transcript to the trier of fact. Where a matter is concluded the respondent may, at personal expense, order a transcript of the hearing. Except where a protective order has been issued pursuant to Rule 1:20-9(i) [1:20 -9(h)], any other person may order all or any part of a transcript at the individual's prepaid expense. Either the Board or the Director shall have the right to order a transcript wherever necessary.
(n) … no change
Note: Adopted January 31, 1995 to be effective March 1, 1995; paragraphs (h), (i), (m), and (n) amended July 28, 2004 to be effective September 1, 2004; paragraph (m) amended August 1, 2006 to be effective September 1, 2006 ; paragraph (m) amended December 28, 2023 to be effective immediately.
Document Date: Dec. 28, 2023
Publish Date: Dec. 28, 2023