In re Convery

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Argued September 26, 2000

On an Order to show cause why respondent should not be disbarred or otherwise disciplined.

This disciplinary proceeding arises 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”). The OAE moved for final discipline against respondent Samuel V. Convery, Jr. pursuant to Rule 1:20-13(c)(2). The OAE based its motion on respondent’s conviction for promising employment or other benefit as consideration for any “political activity” in violation of 18 U.S.C.A. � 600 (the Hatch Act). The conviction constitutes a violation of RPC 8.4(b), which states that it is professional misconduct for a lawyer to “commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer.” Five out of seven participating members of the DRB recommended that respondent be reprimanded on the basis of his guilty plea to the federal misdemeanor of promising employment or other benefit for political activity. Two members dissented and voted to withhold decision and to require the OAE and respondent to submit supplemental briefs on the scope of respondent’s unethical conduct and the appropriate discipline.

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In re Convery

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