Find Legal Information

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Submitted January 18, 1995 -- Decided March 31, 1995

PER CURIAM

    Lawrence A. Magid (Magid) was admitted to the New Jersey bar in 1969. On December 7, 1993, Magid pleaded guilty to the disorderly persons offense of simple assault. That offense arose out of an incident that occurred on September 25, 1993, wherein Magid punched, kicked, and knocked down his girlfriend of several months, K.P. At the time of this incident, Magid was the First Assistant Prosecutor of Gloucester County.

    This disciplinary proceeding arose from a Motion for Final Discipline Based Upon Criminal Conviction filed by the Office of Attorney Ethics (OAE) before the Disciplinary Review Board (DRB), seeking final discipline of Magid based on the simple assault conviction.

    The DRB found that Magid had engaged in unethical conduct. Four members recommended that Magid be publicly reprimanded. Two members would have imposed a private reprimand.

HELD:    Lawrence G. Magid is publicly reprimanded for his criminal conviction of the disorderly persons offense of simple assault.

1. A criminal conviction is conclusive evidence of guilt in a disciplinary proceeding. Thus, the only issue to be determined is the extent of the discipline to be imposed. In making that determination, the Court considers the interests of the public, the bar, and the attorney. (p. 3)

2. Magid's conviction of the disorderly persons offense of simple assault is clear and convincing evidence that he has violated RPC 8.4(b). The fact that Magid's misconduct did not directly involve the practice of law or a client is of no moment because private misconduct of attorneys can also be the subject of discipline. New Jersey has a strong public policy against domestic violence. (pp. 4-5)

3. There are mitigating factors in this case: the assault by Magid was an isolated incident; there was no pattern of abusive behavior; the assault lasted for a very short period of time; the intense negative publicity adversely affected Magid's career; at the time of the assault, Magid's son was critically ill; Magid's relationship with K.P. was a troubled one; and Magid had an otherwise unblemished professional record. Nonetheless, those mitigating factors do not excuse the attack nor do they obviate the need for public discipline. Magid held a public office through which he was to combat, not commit, acts of domestic violence. (pp. 5-7)

4. There are few reported attorney ethics cases involving domestic violence and, as such, the Court has not previously addressed the discipline to be imposed on an attorney who is convicted of such conduct. Moreover, Magid did not engage in a pattern of abusive behavior. Had neither of those factors existed, Magid would have received discipline greater than what is now imposed. In the future, however, an attorney convicted of an act of domestic violence will ordinarily be suspended from the practice of law.

     CHIEF JUSTICE WILENTZ and JUSTICES HANDLER, POLLOCK, O'HERN, GARIBALDI, STEIN and COLEMAN join in the Court's opinion.                                                                                                                                           SUPREME COURT OF NEW JERSEY
                            D- 98 September Term l994

IN THE MATTER OF

LAWRENCE G. MAGID,

An Attorney at Law.

        Submitted January l8, l995 -- Decided March 31, 1995

On consideration of why respondent should not be disbarred or otherwise disciplined.

Robyn M. Hill, Chief Counsel, submitted a recommendation for discipline on behalf of Disciplinary Review Board.

Maressa, Goldstein, Birsner, Patterson, Drinkwater & Oddo, attorneys for respondent.

PER CURIAM

    This disciplinary proceeding arose from a Motion for Final Discipline Based Upon a Criminal Conviction filed by the Office of Attorney Ethics (OAE) before the Disciplinary Review Board (DRB), seeking final discipline of Lawrence Magid, pursuant to Rule l:20-6(c)(2)(i). That motion was based on respondent's conviction of simple assault, in violation of N.J.S.A. 2C:l2-la(l).
    The DRB found that respondent had engaged in unethical conduct. Four members recommended that respondent be publicly reprimanded. Two members would have imposed a private reprimand. Our independent review of the record leads us to accept the DRB's recommendation.

        On December 7, l993, respondent pleaded guilty to assaulting [K.P.]. The plea was taken by Superior Court Judge Robert W. Page, sitting as Municipal Court Judge for the Woodbury Heights Municipal Court.

        At sentencing on February 7, l993, Judge Page placed respondent on probation for a period of one year, fined him $250, and administered a $50 violent crime penalty. As conditions of probation, Judge Page required that respondent have no contact with [K.P.] and be responsible for any medical expenses incurred by her. He also directed respondent to continue treatment with his psychiatrist and remain drug- and alcohol-free during the course of his probation.

    Both this case and In re Principato, ___ N.J. ___ (l995), also decided today, involve acts of domestic violence.     The

national spotlight is focused on domestic violence. Between three and four million women each year are battered by husbands, partners, and boyfriends. Domestic Violence: Not Just A Family Matter: Hearing Before the Subcomm. on Crime and Criminal Justice of the House Comm. on the Judiciary, l03rd Cong., 2nd Sess. (June 30, l994) (statement of Senator Joseph Biden, Jr.). The New Jersey Legislature has found that
        domestic violence is a serious crime against society; that there are thousands of persons in this State who are regularly beaten, tortured and in some cases even killed by their spouses or cohabitants; that a significant number of women who are assaulted are pregnant; that victims of domestic violence come from all social and economic backgrounds and ethnic groups; that there is a positive correlation between spousal abuse and child abuse; and that children, even when they are not themselves physically assaulted, suffer deep and lasting emotional effects from exposure to domestic violence. It is therefore, the intent of the Legislature to assure the victims of domestic violence the maximum protection from abuse the law can provide.

Based on those findings, the Legislature enacted one of the toughest domestic violence laws in the nation. N.J.S.A. 2C:25-l7 to -33. During the last decade the number of complaints filed in New Jersey courts has increased from l3,842 in fiscal year l984 to 55,639 in l994, an increase of 302 percent. Dana Coleman, Domestic violence charges explode by 302" in decade, New Jersey Lawyer, Feb. l3, l995, at l (citing the Administrative Office of the Courts).

    Respondent's assault was an isolated incident on an otherwise unblemished professional record. Unlike Nevill, Knight and Wallace, there is no pattern of abusive behavior. And unlike Wallace, Runyon and Patterson, the actual assault lasted for a very short period of time. Moreover, the intense negative publicity has drastically affected respondent's career. As a result of this incident, respondent lost his long-term position in the Prosecutor's Office. Other mitigating factors also existed at the time of the assault, such as respondent's son's critical illness and his troubled relationship with Ms. Perry. However, those mitigating factors neither excuse the attack nor obviate the necessity for public discipline.
    Acts of violence are condemned in our society. As we stated in In re Principato, supra, ___ N.J. ___ (slip op. at ___), "Unlike many other `victimless' disorderly persons offenses, domestic violence offenses always involve victims, often-times vulnerable and defenseless." The Legislature was particularly concerned that police and judicial personnel be trained "in the procedures and enforcement of this act, and about the social and psychological context in which domestic violence occurs." N.J.S.A. 2C:25-l8. It is therefore important that victims of domestic violence understand that prosecutors, as members of law enforcement, are sensitive to their problems. As a prosecutor respondent must combat acts of domestic violence, not commit them. This "incident calls into question his ability to

zealously prosecute or effectively work with the victims of such crimes." In re Walker, supra, 597 N.E 2d at l27l (Ind. l992).
    Attorneys who hold public office are invested with a public trust and are thereby more visible to the public. Such attorneys are held to the highest of standards. "Respondent's conduct must be viewed from the perspective of an informed and concerned private citizen and be judged in the context of whether the image of the bar would be diminished if such conduct were not publicly disapproved." In re McLaughlin, l 05 N.J. 457, 46l (l987) (citation omitted).
    Respondent's conduct was a serious violation of RPC 8.4(b). But for the fact that we have not previously addressed the appropriate discipline to be imposed on an attorney who is convicted of an act of domestic violence, and that respondent did not engage in a pattern of abusive behavior, respondent's discipline would be greater than the public reprimand we hereby impose. We caution members of the bar, however, that the Court in the future will ordinarily suspend an attorney who is convicted of an act of domestic violence.
    Respondent shall reimburse the Disciplinary Oversight Committee for appropriate administrative costs.

    Chief Justice Wilentz and Justices Handler, Pollock, O'Hern, Garibaldi, Stein, and Coleman join in this opinion.

NO. D-98 SEPTEMBER TERM 1994
Application for Disposition Public Reprimand

Decided March 31, 1995 Order returnable Opinion by Per Curiam