dissenting.
The sanction imposed by the majority of the Court is inappropriate.
In In re Verdiramo, 96 N.J. 183, 186 (1984), we noted that previously there had not been a uniform approach to discipline in cases that involve criminal acts of dishonesty that directly undermine the administration of justice. Therefore, although such misconduct “involving the commission of crimes that poison the well of justice is deserving of severe sanctions and would ordinarily require disbarment,” we did not disbar Mr. Verdiramo. Ibid. Likewise, in In re *185Kushner, 101 N.J. 397 (1985), we did not disbar Mr. Kushner for his misconduct, which, though similar to that of Mr. Verdiramo, antedated our decision in Verdiramo. [In re Perez, 104 N.J. 316, 326 n. 4 (1986).]
An evenhanded application of those principles calls for a lesser discipline than disbarment under the facts of this disciplinary.
Our general principle with respect to attorney discipline involving criminal conduct is that the judgment of conviction conclusively establishes guilt. R. l:20-6(b)(l). We look, however, to the underlying circumstances to determine the appropriate penalty to be imposed. R. 1:20 — 6(b)(2)(ii). In this case, the circumstances do not unerringly point to a conclusion that Conway has utterly “unsalvageable professional character,” or is utterly “beyond the pale of professional rehabilitation,” the traits that call for disbarment. In re Templeton, 99 N.J. 365, 376, 377 (1985).
There were eight counts to the indictment that led to Conway’s conviction. The first count was for conspiracy. The seven substantive counts related to alteration of official records, to tampering with a witness, and to bribery. Conway was convicted only of the conspiracy count and of count number five, tampering with a witness. At sentencing, the court merged the conspiracy with the tampering charge. As a result, we are left with a judgment of conviction that establishes that the conspiracy had no further purposes than the substantive offense of tampering.1 State v. Hardison, 99 N.J. 379 (1985). *186Moreover, since Conway was acquitted of the bribery and the conspiracy to commit bribery charges, the verdict establishes that he was innocent of complicity in or knowledge of the bribery of any party to the transaction. Tampering was his sole offense.
The evidence most damaging to the position that Conway is not without redeeming character is that Conway was present at the meeting of August 19, 1981, when the altered report was discussed. As far as he was informed, the officer’s official report had never been submitted. This was the meeting to which Lazaro was sent by his superiors to try to find out if the lawyers were involved. Lazaro had explained to his superiors that Conway knew nothing of the bribe. Despite McDowell’s prodding, Lazaro had previously told McDowell that the bribe scheme was going to be limited to three people — Sergeant Lazaro, McDowell, and A1 Grecco. Sergeant Lazaro stated, “You see, it’s better that way.” When Sergeant Lazaro went to the August 19, 1981 meeting, Conway would have had to suspect that a superior officer of the State Police, indeed an instructor at the police academy, was “in on a fix” in order to conclude that a bribery scheme was being discussed. Moreover, the evidence that Conway had obtained from his client was contrary to the assertion that the client had sprayed tear gas in the face of Officer McDowell. At the time of trial, witnesses from the scene corroborated Conway’s client’s version of the incident, i.e., that he had not sprayed tear gas in the face of McDowell.
An Ocean County assistant prosecutor described the case as a “garden-variety-Saturday-night-bar-emptying * * * incident.” Conway was thus presented with an off-duty state trooper who merely appeared anxious to dispose of a case in order to avoid being involved in a moonlighting investigation, and who might have been stating the truth in the second report. Consequently, Conway contends that the meeting of August 19,1981, when the report was discussed, was merely an effort on the part of the state police officer to dispose of a case that had a potential *187of dangerous repercussions for the official. McDowell had described it as a “soft report.”
There are two pieces of uncontroverted evidence that suggest Conway’s limited role:
(1) During the lull in this matter between the incident on July 19, 1981, and the meeting of August 19,1981, Conway had been away on a family vacation in New England.2 On his first day back in the office, August 17, 1981, Conway spoke with the Ocean County Prosecutor’s office to renew the request for the preliminary hearing that he had first requested on the very day that he interviewed his client, the Monday after the incident. If Conway had been a party to the bribe, it seems likely that he would have waited to hear from the corrupt officials as to how they planned to dispose of the case before requesting the hearing.
(2) The state police officials in charge of the investigation did not believe they had evidence of corruption involving the attorneys. Lieutenant Buccino, the official in charge of the investigation, candidly stated that he sent Sergeant Lazaro, who had been confronted with his complicity in the bribe and had agreed to work as an undercover agent, to the meeting on August 19, 1981, specifically to determine if the attorneys were involved. Conway and Rigolosi were both puzzled as to why Lazaro wanted to see them. But it was not unnatural that they agreed to attend the meeting with Lazaro and Barcellona on Wednesday, August 19, 1981, since it concerned potential lawsuits involving both their clients. Recall also that Sergeant Lazaro and Barcellona were cousins and Rigolosi and Lazaro were boyhood friends. The case against the lawyers stands or falls on the events of that night.
*188After hearing all the evidence, the jury acquitted Conway of bribery of a public official. He was convicted only of knowing about and cooperating in the changing of an official report. As an abettor, even if he had no part in the alteration, he is liable as a principal. But Conway still argues that he believed that his client was innocent and that the arresting officer’s second report correctly stated the facts. This was an extraordinarily complex trial involving bribery charges implicating the members of organized crime who had passed the money from the Lombardo family through Grecco (also known as Wolshonak) to Sam Lazzara3 (Sergeant Lazaro’s uncle), then to Lazaro, and then to McDowell.
These crime figures sought to achieve their ends via two routes: (1) the organized crime families were attempting to bribe a state trooper;4 and (2) the discussions were being conducted with Conway and Rigolosi concerning disposition of the case. So uncertain were the State Police of the role of the lawyers that before the probable cause hearing concerning the complaint signed by McDowell against Lombardo, they had Sergeant Lazaro call Rigolosi to find out what action he and Conway would be taking with respect to the case. Conway, however, refused to be involved with Lazaro. Ironically, the State dismissed the case on its own motion when Conway took no overt step to further a conspiracy other than to persist in his original request for a preliminary hearing. He never would participate in the lineup that Sergeant Lazaro was suggesting.
*189There are two other pieces of evidence in mitigation that must be considered: (1) the statement by Grecco, the bribe-carrier, when he was being secretly taped by Sergeant Lazaro, that he, Grecco, did not know Conway, had never met him, and had not spoken to Conway about this matter, and (2) a statement apparently made by Barcellona to the state investigating authorities, after Barcellona was confronted with his involvement in the bribery scheme and was asked to cooperate in further investigation of the lawyers but declined to do so, to the effect that, “they didn’t know anything about it.”5
I may misread this record, but in light of all the circumstances, the jury’s acquittal of the bribery counts, the uncertainty of the state police over the lawyers’ roles, the secretly-taped statement of Grecco that he never spoke to Conway, and the statement by Barcellona that the lawyers did not know about the bribe, I am not left with an abiding certainty that Conway has demonstrated that defect in character that we have found essential to disbarment of attorneys.
In In re Friedland, 95 N.J. 167 (1984), the Court recently had occasion to consider the comparative significance of ethical violations. In that case, quoting the report of the Disciplinary Review Board (DRB), we noted:
The respondent stands convicted of conspiracy and soliciting kickbacks for significant gain to the financial detriment of his client, the Pension Fund. This alone merits disbarment. [Id. at 168.]
The DRB made reference to a related conviction of attempting to influence a grand juror as further compelling the “inescapable [conclusion] that disbarment is mandated.” Ibid. Hence, prior to In re Verdiramo, supra, 96 N.J. 183, it did not appear that disbarment was invariably mandated when there was only the attempt to influence a witness’ testimony. Furthermore, the inconsistency of the court’s principles is even more stark in this case because the single most damaging piece of evidence in *190the case, the taped conversation between Sergeant Lazaro and Rigolosi, was out of Conway’s presence.
My own journey to this decision is different from that of the other members of the Court. I dissented in In re Hughes, 90 N.J. 32 (1982), when the Court disbarred an attorney who, in an effort to save his family from shame and disgrace, regrettably became involved in an attempt to influence a federal official to overlook the alteration of a tax lien. Following the majority’s determination in In re Hughes that disbarment was mandated, I dissented in In re Infinito, 94 N.J. 50 (1983), in which the Court permitted an attorney to remain in practice despite a conviction of stealing in a supervisory setting. I determined then that I could not continue to draw the lines of moral quality that the Court thought it could.
I rejoined the majority in In re Verdiramo, supra, because I believed the Court had stated a new principle of law, applicable to cases arising after that date, that crimes of dishonesty touching upon the administration of justice will almost invariably warrant disbarment. 96 N.J. at 186. Application of that principle was unanimously followed in In re Kushner, 101 N.J. 397 (1986), in which we did not apply In re Verdiramo retroactively, and therefore permitted Kushner to remain in practice.
Consistent with my own principles, I believe that prior to our decision in In re Verdiramo, a conviction of this type did not invariably result in disbarment. See In re Rosen, 88 N.J. 1 (1981) (attorney convicted of attempted subornation of perjury suspended for three years); In re Mirabelli, 79 N.J. 597 (1979) (attorney who pled guilty to a charge of bribery given three-year suspension). For example, In re Kushner, supra, 101 N.J. 397, involved a crime of dishonesty touching upon the civil administration of justice; In re Verdiramo, supra, 96 N.J. 183, involved a crime of dishonesty touching upon the administration of criminal justice. In neither case was the attorney disbarred. Had this case arisen after announcement of the rule in In re Verdiramo, that a crime of dishonesty touching upon the *191administration of justice will almost invariably warrant disbarment, I would disbar. I continue, however, to hold the belief that we should adhere to the principle announced in that decision not to apply the rule retroactively. See In re Perez, supra, 104 N.J. at 326.
I think it is unfair to condemn Conway because the parties involved in the bribe were also involved in organized crime. Of course, if Conway had been convicted of conspiracy to bribe, not just tampering, the case would be closed. In re Tuso, 104 N.J. 59 (1986). I know that it is difficult to separate this conviction from the overarching organized-crime activity to which it is related. However, the jury acquitted Conway of involvement in that organized criminal conspiracy to subvert justice. I would afford him the same treatment as accorded other attorneys for conduct that occurred prior to the decision in In re Verdiramo, and therefore respectfully dissent.
For disbarment — Chief Justice WILENTZ, and Justices HANDLER, POLLOCK and GARIBALDI — 4.
Dissenting — Justice O’HERN — 1.
ORDER
It is ORDERED that DONALD R. CONWAY of HACKEN-SACK, who was admitted to the bar of this State in 1960, be disbarred and that his name be stricken from the roll of attorneys of this State, effective immediately; and it is further
ORDERED that DONALD R. CONWAY be and hereby is permanently restrained and enjoined from practicing law; and it is further
ORDERED that respondent comply with Administrative Guideline No. 23 of the Office of Attorney Ethics dealing with disbarred attorneys; and it is further
ORDERED that respondent reimburse the Ethics Financial Committee for appropriate administrative costs.
Tampering is a crime of the third degree defined as follows:
N.J.S.A. 2C:28-5.
a. Tampering. A person commits an offense if, believing that an official proceeding or investigation is pending or about to be instituted, he knowingly attempts to induce or otherwise cause a witness or informant to:
(1) Testify or inform falsely;
(2) Withhold any testimony, information, document or thing;
(3) Elude legal process summoning him to testify or supply evidence; or
(4) Absent himself from any proceeding or investigation to which he has been legally summoned.
As noted in the majority opinion, the corrupt agreement between Sergeant Lazaro and Trooper McDowell was entered on July 24, 1981. Lazaro was confronted by his superiors on August 16, 1981. He had been permitted to go to Florida before being confronted with his involvement in the bribery scheme.
Sam Lazzara was acquitted on all charges.
This corrupt scheme was further complicated by the fact that several parties had multiple "axes to grind.” Barcellona wanted revenge against the Lombar-do family for a prior slight involving the elimination of someone who owed Barcellona money; Sergeant Lazaro wanted to “squeeze” some extra money for McDowell so that McDowell could repay the money that Barcellona had loaned him (at Sergeant Lazaro’s request) to buy a home; McDowell wanted to find a way out of the problems that would surface when his "moonlighting” for Barcellona came out.
This statement was excluded as hearsay in the criminal trial but nevertheless may be relevant to our determination of the appropriate sanction.