The following matters have been certified to the Disciplinary Review Board as defaults, in accordance with R. 1:20-4(f):
In the Matter of William E. Gahwyler, Jr., Docket No. DRB 13-195, District Docket Nos. XIV-2012-0216E; XIV-2012-0232E and XIV-2012-0236E.
In the Matter of Dorca Iris Delgado-Shafer, Docket No. DRB 13-241, District Docket No. XIV-2012-0207E.
In the Matter of Owen Chambers, Docket No. DRB 13-249, District Docket No. XIV-2012-0077E.
In the Matter of Kevin H. Main, Docket No. DRB 13-255, District Docket No. XIV-2011-0656E.
These matters are scheduled to be reviewed by the Board on Thursday, November 21, 2013. R. 1:20-4(f) provides that an attorney-respondent’s failure to timely file an answer “shall be deemed an admission that the allegations of the complaint are true and … provide sufficient basis for the imposition of discipline.” Although chances for a successful motion are limited, a motion to vacate the default may be filed with the Board by no later than November 4, 2013. MOTIONS RECEIVED AFTER THE DEADLINE WILL NOT BE REVIEWED BY THE BOARD. The motion should specify why the attorney-respondent failed to file a timely answer (including lack of notice) and should set forth any claimed meritorious defenses to the ethics charge. The motion must also be simultaneously served on the Director of the Office of Attorney Ethics and, where appropriate, the district ethics committee responsible for the underlying ethics matter. A certification regarding that service must accompany any documents filed with the Board.
Respondents are hereby advised that, generally, in a default matter, the discipline is enhanced to reflect a respondent’s failure to cooperate with disciplinary authorities as an aggravating factor. In re Kivler, 193 N.J. 332, 338 (2008).
Respondents may communicate with the Board by contacting the Office of Board Counsel at:
P.O. Box 962, Trenton, NJ 08625,
Lillian Lewin, Assistant Counsel
Disciplinary Review Board
Dated: October 11, 2013