NJ Allows Disbarred Attorneys to Apply for Readmission

New Jersey Courts announced on October 15, 2024 that the New Jersey Supreme Court will allow lawyers who had been disbarred to apply for a second chance to practice.

Prior to this, New Jersey had been one of nine states where disbarment was permanent with no exception. Now lawyers who have been disbarred for more than five years will be eligible to apply for their license.

According to the court, in addition to the five-year waiting period, the disbarred attorneys will also have the responsibility to meet the following requirements:

“-    bear the burden of proof in demonstrating clear and convincing evidence of rehabilitation in readmission proceedings.
–    earn a passing score on the New Jersey Bar Exam no more than one year prior to the filing of their application and pass the Multistate Professional Responsibility Examination (MPRE). 
–    complete Continuing Legal Education courses specified by the Court before applying for readmission.
–    provide notice to all individuals whose complaints resulted in disbarment, including those whose complaints were docketed but dismissed as a result of the disbarment.
–    repay all aggrieved individuals.”

If a petition for readmission is denied, the applicant must wait two years before submitting another petition.

Notwithstanding this new rule, New Jersey courts can still issue permanent disbarments in cases of particularly severe misconduct. If the court does not specific that a disbarment is permanent, however, the disbarred lawyer would be eligible for reinstatement.

The New Jersey Court’s press release can be accessed here: State Supreme Court Adopts Readmission Process for Disbarred Attorneys | NJ Courts

The attorneys at Tesser, Ryan & Rochman, LLP are experienced in attorney disciplinary and licensing matters, including applications for reinstatement after disbarment. Call us at (212) 754-9000 or e-mail [email protected] to schedule a free consultation.