Matter of Kornreich

COLEMAN, J.,

concurring in part and dissenting in part.

I concur in the Court’s determination that respondent:

violated RPC 3.3(a)(1) and (4), by offering false statements and evidence to mislead the municipal court; RPC 3.4(f), by attempting to dissuade Franson from attending court; RPC 8.4(b) by committing crimes by falsely implicating Franson, by attempting to interfere with the hearing on the charges against her, and by obstructing the enforcement of the criminal laws, crimes that reflect adversely on an attorney’s honesty and fitness; RPC 8.4(c), by engaging in a continuing course of conduct based on dishonesty, fraud, deceit, or misrepresentation; and RPC 8.4(d), by engaging in conduct prejudicial to the administration of justice.
[Ante at 358-359, 693 A.2d at 883-884.]

I dissent, however, from the sanction imposed. The only appropriate sanction is disbarment.

The DRB found, and this Court agrees, that

The proofs ... clearly and convincingly establish that respondent was the driver of the Mazda on the date in question. That obviously means that she was untruthful to Mr. Brodsky [her lawyer], to Officer Smith [the investigating officer], to the municipal court on July 24, 1989, to the prosecutor’s office and to the DEC.

Even after having been confronted with her lies, respondent refused to admit her complicity before the DEC; rather, for the first time, she ludicrously suggested that she could not recall if she was in a car accident on the date in question. To this day that is the closest respondent has come to expressing remorse.

Far worse than the conclusion that respondent was in a car accident, fled the scene of the accident, and lied to numerous people about being in the accident, is the DRB’s conclusion that “respondent knowingly implicated an innocent party, Ms. Franson, in the matter.” The DRB found:

Respondent knew that she was the driver of the ear and consciously lied that she was not. Respondent purposely pointed the finger at an innocent party, who by *373then had left the state, had moved to a place 3,000 miles away and in ah likelihood would not or could not return to New Jersey to exonerate herself.

Respondent’s series of lies continued long after she falsely implicated her nanny. Ante at 365, 693 A.2d at 887. Respondent lied about what her attorney had told her concerning the reason for the dismissal of the case against respondent in the municipal court. She lied about not having been able to hear what transpired in court the day her ease was dismissed. Those lies led to her attorney having his ethics called into question when the municipal court determined that it had been misled. Instead of then acknowledging her involvement and deception, respondent added to her lies and further implicated her own attorney by first suggesting that he made statements to the prosecutor and the court without her knowledge or consent. Ibid, at 365, 693 A.2d at 887. Later, respondent even crafted a reason why her lawyer would have been unethical: “he was just trying to dismiss this and be a hero so that his daughter would see what a good job he did for his daughter’s friend.” Ibid, at 365-366, 693 A.2d at 887-888. The DRB concluded that respondent, not her lawyer, had committed the ethical improprieties. Id. at 366, 693 A.2d at 888. It found:

Finally, in a last attempt to rid herself of charges of fabrication, deceit and obstruction of justice, respondent attempted to escape responsibility by blaming her former attorney, Mr. Brodsky. Mr. Brodsky’s testimony at the DEC hearing, however, which the DEC found credible, was consistent with that of the other witnesses.

Even more alarming is the DRB’s conclusion that respondent attempted to obstruct justice.

In light of respondent’s overall deceitful conduct, the conclusion that she also attempted to dissuade Ms. Franson to come to New Jersey to defend herself is inevitable. The only logical inference is that respondent’s so-called assurances to Ms. Franson that no grave consequences would befall her if she did not appear in court were prompted not by any altruistic motive on her part to allay Ms. Fransoris fears but, instead, by her intent to let an innocent party take the fall for her criminal offenses.

I share the DRB’s concern that the gravity of respondent’s offenses is exacerbated by the eight-year period of deceit that continues to this day. Even at the DRB hearing, respondent *374“displayed a steadfast refusal to admit her wrongdoing and to show any morsel of contrition.” Id. at 367-368, 693 A.2d at 888-889.

Respondent was repeatedly dishonest, she victimized others, showed contempt for the judiciary, and persisted in this conduct for eight years. Respondent’s offenses are worse than those we saw in In re Lunn, 118 N.J. 163, 570 A.2d 940 (1990). Ante at 367, 693 A.2d at 888. In that case, an attorney was suspended for three years for lying to a court by submitting a false document in relation to a personal injury suit the attorney was pursuing. In re Lunn, supra, 118 N.J. at 166, 169, 570 A.2d 940. There, however, soon after having the action referred to a prosecutor for investigation, the attorney admitted his complicity in writing the document and signing someone else’s name to it. Id. at 166, 570 A.2d 940. Although the attorney had lied during a deposition about the document, ibid., he did not falsely accuse someone else and did not implicate an innocent party in criminal acts. Unlike respondent, Lunn admitted his guilt before the ethics committee became involved.

The record clearly and convincingly establishes that the present case is like In re Conway, 107 N.J. 168, 526 A.2d 658 (1987), and In re Rigolosi, 107 N.J. 192, 526 A.2d 670 (1987). In those cases, the attorneys involved sought to obstruct justice by bribing a policeman and tampering with a witness in order to obtain the dismissal of criminal charges against a defendant. In re Conway, supra, 107 N.J. at 180, 526 A.2d 658; In re Rigolosi, supra, 107 N.J. at 193, 526 A.2d 670. The Court found the conduct in those cases so egregious that disbarment was ordered. In re Conway, supra, 107 N.J. at 184, 526 A.2d 658; In re Rigolosi, supra, 107 N.J. at 211, 526 A.2d 670. What made those cases so extraordinary was not the underlying subject matter, an altercation between a police officer and the defendant, but the perversion of the justice system by the attorneys. Ante at 368, 693 A.2d at 888. We have precisely that set of facts here. The accident and the flight from the scene of the accident represent minor infractions. The heinous nature of the offense was respondent’s obtaining a *375false affidavit to support her phony alibi; her attempt to frame an innocent person in a criminal act; and then her attempt to ensure that the innocent person actually took the fall by not contesting her guilt.

The record clearly and convincingly establishes that respondent was dishonest, committed crimes, demonstrated contempt for the administration of justice, and poisoned the well of justice. In re Verdiramo, 96 N.J. 183, 186, 475 A.2d 45 (1984). Respondent’s conduct demonstrates her reckless and flagrant disregard of the rules of professional conduct and “the honor and integrity demanded of a member of the bar in the practice of law.” In re Pennica, 36 N.J. 401, 423, 177 A.2d 721 (1962). A lawyer owes a “duty of good faith and honorable dealing to the judges before whom he [or she] practices his [or her] profession.” Id. at 428, 177 A.2d 721. Consideration of the totality of respondent’s conduct convinces me that she is no longer worthy of the Court’s endorsement as being fit to practice law in this State. I therefore would disbar her.

I do not regard respondent’s prior unblemished record and her partial reliance on assistance from her husband as sufficient mitigating factors to preclude disbarment. “[E]ven if it is unlikely that the attorney will repeat the misconduct, certain acts by attorneys so impugn the integrity of the legal system that disbarment is the only appropriate means to restore public confidence in it.” In re Hughes, 90 N.J. 32, 36-37, 446 A.2d 1208 (1982). Here, respondent’s conduct was for personal gain: to avoid being charged with traffic offenses. Knowingly or purposely offering false evidence to a court to mislead that court, falsely implicating an innocent person and then attempting to persuade that person not to appear in court, obstructing the enforcement of the criminal laws of this State, and perpetrating fraud and deceit on a court, surely fall into the category of eases in which disbarment is necessary “to foster public respect for the integrity of the administration of justice.” In re Gross, 85 N.J. 26, 29, 424 A.2d 421 (1980).

*376I would disbar respondent because her conduct was so egregious and so inimical to the integrity of the judicial system that any lesser sanction would fail to protect the public.

Chief Justice PORITZ joins in this opinion.

For suspension — Justices HANDLER, POLLOCK, O’HERN, GARIBALDI and STEIN — 5.

For disbarment — Chief Justice PORITZ and Justice COLEMAN — 2.

ORDER

It is ORDERED that CHEN KORNREICH of FREEHOLD, who was admitted to the bar of this State in 1985, is hereby suspended from the practice of law for a period of three years, effective June 18, 1997, and until the further Order of the Court; and it is further

ORDERED that respondent be restrained and enjoined from practicing law during the period of her suspension and that she shall comply with Rule 1:20-20 which governs suspended attorneys; and it is further

ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs incurred in the prosecution of this matter.