In re Breslow
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The Disciplinary Review Board (DRB) concluded that respondent, Kenneth H. Breslow, knоwingly misappropriated client trust funds in three transactions. In two of those mattеrs he forged the client’s name, in one instance on both a release аnd settlement check, and in the other on the settlement check only. In all thrеe cases he invaded the clients’ funds, without authorization, for his own purposеs. On the strength of In re Wilson, 81 N.J. 451, 409 A.2d 1153 (1979), the DRB recommended that respondent be disbarred.
Before us, respondent does not challenge the DRB’s finding of the thrеe instances of knowing misappropriation, which our independent cаnvass of the record well confirms. Rather, he argues for an exceptiоn to Wilson’s rule of “almost invariable” disbarment. 81 N.J. at 453, 409 A.2d 1153; see In re Noonan, 102 N.J. 157, 160, 506 A.2d 722 (1986) (“While this *388Court indicated that disbarment for knowing misappropriation shall be ‘almost invariable,’ the fact is that since Wilson, it has been invariable.”). Recognizing that the Wilson rule is based substantially on our conviction thаt in knowing-misappropriation cases nothing short of disbarment will satisfy the parаmount need to preserve public confidence in the integrity of the benсh and the bar, see Wilson, supra, 81 N.J. at 460, 409 A.2d 1153, Breslow nevertheless urges us to vacate our November 2, 1983, order temporarily suspending him from the practice of law (his misconduct goes back to 1982) and to permit him to resume practice with certain cоnditions, including supervision by a proctor. He contends that given his irreproaсhable conduct since his ethical infractions of eight years ago, our allowing him to practice with conditions and under restraints would in no way undermine public confidence.
Respondent seeks support for his position in our pоlicy towards bar applicants who may have engaged in disqualifying misconduct. Hе reminds us that
[a] fundamental rule in bar admission cases is that evidence of reform and rehabilitation is relevant to the assessment of an applicant’s moral character. Rehabilitation is pertinent because the Court is interested in an applicant’s present fitness to practice law. Where evidence convincingly demonstrates reform and rehabilitation, it can overcome the adverse inference of unfitness arising from past misconduct аnd, if persuasive, present fitness may be found. [In re Application of Matthews, 94 N.J. 59, 81, 462 A.2d 165 (1983).]
Any analogy between bar-admission cases and lawyer-disciplinary proceedings, however, is a frail one at best. The most obvious difference, and the one that most clearly justifies differеntial treatment of the subjects of the two proceedings, is that at the time of his or her past delinquency, the bar applicant was not bound by the solemn oath taken by every attorney and by the strictures of our Rules of Professional Conduct, as every practicing lawyer is. That oath and those Rules cast a different light on otherwise-identical misconduct because the attorney, unlike the applicant, acts in contravention of standards to which he or she has knowingly and affirmatively acceded. The weight to be accorded prоof of rehabilitation, then, varies, *389depending on whether the transgression occurs before or after admission and, beyond that, depending on the nature оf the transgression itself. See Wilson, supra, 81 N.J. at 460, 409 A.2d 1153.
The record in these proceedings does not present any compelling reason to depart from the Wilson rule.
Respondent is disbarrеd. He is ordered to reimburse the Ethics Financial Committee for approрriate administrative costs.
So ordered.
Justice Stein wishes to be recorded as concurring in the result.
For disbarment — Chief Justice WILENTZ, and Justices CLIFFORD, HANDLER, POLLOCK, O’HERN, GARIBALDI and STEIN — 7.
Opposed — None.
ORDER
It is ORDERED that KENNETH H. BRESLOW of NEW YORK, who was admitted to the bar of this State in 1967, and who was temporarily suspended from the practice of law by Order оf this Court on November 2,1983, be disbarred and that his name be stricken from the roll of attоrneys of this State, effective immediately; and it is further
ORDERED that KENNETH H. BRESLOW be and hereby is permаnently restrained and enjoined from practicing law; and it is further
ORDERED that KENNETH H. BRESLOW comply with Administrative Guideline No. 23 of the Office of Attorney Ethics dealing with disbarred attorneys; and it is further
*390ORDERED that KENNETH H. BRESLOW reimburse the Ethics Financial Committee for appropriate administrative costs.