Opinion
D-119 September Term 2018 082843
12-04-2019
In the MATTER OF Ania MARCINKIEWICZ, An Attorney At Law (Attorney No. 041682004)
ORDER
The Disciplinary Review Board having filed with the Court its decision in DRB 18-339, concluding that as a matter of final discipline pursuant to Rule 1:20-13(c), Ania Marcinkiewicz of Montclair, who was admitted to the bar of this State in 2004, should be suspended from the practice of law for a period of one year based on respondent's guilty plea to third-degree aggravated assault causing significant bodily injuries, and third-degree endangering the welfare of a child, conduct that violates RPC 8.4(b) (commission of a criminal act that reflects adversely on the lawyer's honesty trustworthiness or fitness as a lawyer in other respects);
And the Disciplinary Review Board having further concluded that prior to reinstatement to the practice of law, respondent should be required to submit proof of her fitness to practice as attested to by a medical professional approved by the Office of Attorney Ethics; maintain her sobriety; and submit to a ten-panel drug and alcohol hair follicle test, demonstrating the she has been alcohol and drug-free for the prior three months;
And the Disciplinary Review Board having determined that following reinstatement to practice, respondent should be required to remain sober and to provide the Office of Attorney Ethics with periodic reports demonstrating successful alcohol monitoring on a schedule to be approved by the Office of Attorney Ethics, for a period of two years;
And good cause appearing;
It is ORDERED that Ania Marcinkiewicz is suspended from the practice of law for a period of one year, effective immediately, and until the further Order of the Court; and it is further
ORDERED that prior to reinstatement to practice, respondent shall maintain her sobriety, shall provide the Office of Attorney Ethics with proof of her fitness to practice law as attested to by a medical professional approved by the Office of Attorney Ethics, and shall submit to a ten-panel drug and alcohol hair follicle test, demonstrating that she has been alcohol- and drug-free for the prior three months; and it is further
ORDERED that following reinstatement, respondent shall provide the Office of Attorney Ethics with periodic reports demonstrating successful alcohol monitoring, on a schedule to be determined by the Office of Attorney Ethics, for a period of two years and until the further Order of the Court; and it is further ORDERED that respondent comply with Rule 1:20-20 dealing with suspended attorneys; and it is further
ORDERED that pursuant to Rule 1:20-20(c), respondent's failure to comply with the Affidavit of Compliance requirement of Rule 1:20-20(b)(15) may (1) preclude the Disciplinary Review Board from considering respondent's petition for reinstatement for a period of up to six months from the date respondent files proof of compliance; (2) be found to constitute a violation of RPC 8.1(b) and RPC 8.4(d) ; and (3) provide a basis for an action for contempt pursuant to Rule 1:10-2; and it is further ORDERED that the entire record of this matter be made a permanent part of respondent's file as an attorney at law of this State; and it is further ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter, as provided in Rule 1:20-17.