34 A.3d 1231
N.J.2012Background
- Izquierdo was admitted to the New Jersey bar in 2002 and has been suspended since September 2, 2008.
- The Disciplinary Review Board (DRB) recommended a three-year suspension based on his federal plea to making false statements to FBI agents under 18 U.S.C. § 1002, reflecting dishonesty and a criminal act.
- Respondent admitted in federal proceedings that he provided cash payments or things of value to a local zoning official in exchange for favors and referrals.
- The court found these acts constitute public corruption that undermines confidence in government integrity.
- Although not criminally charged with bribery, the underlying conduct and respondent’s admissions were considered to assess appropriate discipline, including bribery implications.
- The Court ultimately disbarred Izquierdo, effective immediately, and required compliance with post-disbarment rules and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether underlying bribery-related misconduct warrants disbarment | DRB urged disbarment for unethical conduct with public corruption implications. | Izquierdo argued for lesser discipline given circumstances and cooperation; not a bribery conviction. | Disbarment required due to bribery-related, dishonesty, and public corruption conduct. |
| Whether a federal guilty plea for making false statements supports disbarment | Plea to false statements reflects dishonesty and impacts fitness to practice law. | Plea alone should not mandate disbarment; consideration mandated but not automatic. | Plea and underlying conduct support severe discipline; disbarment affirmed. |
| Whether the disciplined amount (three years) from DRB was appropriate given underlying facts | DRB’s recommendation recognizing seriousness of public corruption merits substantial discipline. | Mitigating factors and cooperation argued for lesser discipline. | Disbarment deemed appropriate; quantum of discipline upheld on review. |
| Whether the Court must consider bribery as part of disciplinary analysis when a criminal conviction is not obtained | Courts may consider bribery-like conduct even without conviction to assess fitness. | Discipline should be limited to proven criminal acts or admissions; | Court considered underlying bribery conduct in determining discipline. |
| Whether Izquierdo must comply with post-disbarment duties and reimburse costs | Disbarment order should include compliance and cost provisions. | Respondent should be subject to standard post-disbarment requirements. | Disbarment with permanent restraint; comply with Rule 1:20-20 and cost reimbursement. |
Key Cases Cited
- In re Meiterman, 202 N.J. 31 (2010) (disbarment warranted for bribery-like conduct; scope of disciplinary review broader than criminal charges)
- In re McEnroe, 172 N.J. 324 (2002) (discipline beyond criminal charge when evaluating fiduciary misconduct)