dissenting.
We have ordinarily disbarred attorneys who have sold drugs. This case requires special concern.
On July 6, 1969, Frank Valentin was drafted into the United States Army. His service took him to a combat unit in the central highlands of Vietnam. He received the Purple Heart and other commendations for his service. Unfortunately, like so many other veterans of that war, he became addicted to drugs and suffered a profound mental disorder from the loss of close comrades.
He resolved to live a life in emulation of one of his fallen comrades. He returned to his community in the Bronx. He worked full-time at night as a uniformed court officer while putting himself through Seton Hall Law School and raising a family. In 1986, he was admitted to the New York bar and opened up a law practice in the Bronx.
*505Unfortunately, he could never shed his addiction to heroin. He led a double life. At once an admired member of his community rendering counsel to others and at the same time living a life of drug dependency. He has pled guilty in New York to a third-degree criminal sale of drugs charge involving the sale of a pound of cocaine for $11,500. There are overtones of greater involvement. These are disputed. Were we to premise discipline on disputed facts, we would have to conduct a hearing to establish the predicate for discipline. In re Spina, 121 N.J. 378, 580 A.2d 262 (1990).
On the occasion of respondent’s sentencing, the court described him thus:
He was a court officer for a number of years, highly respected, received commendations, went to law school, became an attorney, and became a successful practitioner, and has appeared before me on many occasions and has done well for his clients. Apparently has a drag problem which goes back many years. He has a psychiatric history which also goes back many years [for] which he has received treatments as a result of the Vietnam War, at different veterans’ hospitals. He has a family, a wife, children. He’s worked hard all his life and done the good things that were supposed to be done by the people who represent defendants, and people in public office and public life. I can’t go into the motives in this matter because I really don’t know what the motives were.
Valentin’s motives to make the drug sale were clouded by a dispute with an undercover agent over the sale of a car. We have the case on a motion for reciprocal discipline pursuant to Rule l:20-14(a)(4). Under that Rule we would ordinarily impose the identical action or discipline taken by the other jurisdiction unless “the misconduct established warrants substantially different discipline.” R. l:20-14(a)(4)(E). Under New York practice, a disbarred attorney may seek reinstatement seven years after the effective date of disbarment. New Jersey disbarment is final.
We have therefore ordinarily not disbarred attorneys unless the attorney’s conduct is so “immoral, venal, corrupt or criminal as to destroy totally any vestige of confidence that the individual could ever again practice in conformity with the standards of the profession.” In re Templeton, 99 N.J. 365, 376, 492 A.2d 1001 (1985). We thus reasoned in In re Farr, 115 N.J. 231, 557 A.2d *5061373 (1989), that when the cause of ethical transgressions seem to be “ ‘some mental, emotional, or psychological state or medical condition that is not obvious and ... could be corrected through treatment,’ ” the respondent “need not be disbarred to preserve confidence in the bar or to protect the public.” 115 N.J. at 237, 557 A.2d 1373 (quoting Templeton, supra, 99 N.J. at 374, 492 A.2d 1001). (That exception, however, does not apply to the knowing misappropriation of funds. In re Skevin, 104 N.J. 476, 517 A.2d 852 (1986).) In this case, the circumstances do not unerringly point to a conclusion that Frank Valentin has an utterly “unsalvageable professional character,” or is utterly “beyond the pale of professional rehabilitation,” the traits that call for disbarment. Templeton, supra, 99 N.J. at 376, 377, 492 A.2d 1001.
Most of us can only learn second-hand how Valentin’s service experience in Vietnam could have affected his life. Were we to offer him the hope of redemption through restoration to practice upon a showing of a drug-free life for seven years, we might not just salvage a lawyer, we might salvage a life. Is it wrong to suggest that we might just owe him this?
Justice STEIN joins in this opinion.
ORDER
It is ORDERED that FRANK VALENTIN of STATEN ISLAND, who was admitted to the bar of this State in 1988, be disbarred and that his name be stricken from the roll of attorneys of this State, effective immediately; and it is further
ORDERED that FRANK VALENTIN be and hereby is permanently restrained and enjoined from practicing law; and it is further
ORDERED that all funds, if any, currently existing in any New Jersey financial institution maintained by FRANK VALENTIN, pursuant to Rule 1:21-6, be restrained from disbursement except upon application to this Court, for good cause shown, and shall be transferred by the financial institution to the Clerk of the Superior *507Court who is directed to deposit the funds in the Superior Court Trust Fund, pending further Order of this Court; and it is further
ORDERED that FRANK VALENTIN comply with Rule 1:20-20 dealing with disbarred attorneys; and it is further
ORDERED that FRANK VALENTIN reimburse the Disciplinary Oversight Committee for appropriate administrative costs.