Appearing Before the Disciplinary Review Board (DRB)
The Disciplinary Review Board (DRB) is the statewide appellate body that reviews all recommendations for public discipline of New Jersey attorneys. It sits between the District Ethics Committees (DECs) and the New Jersey Supreme Court, which imposes final discipline.
If your matter has reached the DRB, it means that a DEC hearing panel or the Office of Attorney Ethics (OAE) has already made findings and recommended discipline—or, in some cases, that you are appealing a dismissal or admonition.
Unlike a local ethics investigation, a DRB appearance is a formal proceeding where the record is reviewed, briefs are submitted, and oral argument is held before a seven-member panel.
When a Case Goes to the DRB
A case may reach the DRB in several ways:
- The DEC recommends public discipline (reprimand, censure, suspension, or disbarment).
- The OAE prosecutes a case directly and recommends discipline.
- You, as the respondent attorney, file an appeal of an adverse determination, such as an admonition or dismissal.
- The OAE, ethics counsel, or the grievant appeals a dismissal believed to be in error.
The DRB’s jurisdiction is mandatory for all cases involving public discipline and appellate for other matters under R. 1:20-15 et seq.
The Nature of a DRB Hearing
A DRB hearing is not a retrial of your case but a de novo review of the record developed before the DEC or OAE hearing panel. However, the Board has the authority to make independent findings of fact and law, and it may increase, decrease, or affirm the recommended sanction.
The hearing is open to the public and recorded. The respondent attorney (and counsel) appear before the Board in Trenton, either in person or via video conference. Members of the Board ask questions about the record, mitigating factors, and your response to the underlying findings.
After oral argument, the Board deliberates privately and issues a written decision with findings and a recommended sanction.
Possible Outcomes
Following a DRB hearing, the Board will issue a written decision recommending one of the following:
- Dismissal of charges
- Admonition
- Reprimand or Censure
- Temporary Suspension
- Disbarment
The Board’s recommendation is then submitted to the New Jersey Supreme Court, which has exclusive authority to impose final discipline.
Preparing for a DRB Appearance
Preparation is critical. By the time a case reaches the DRB, the factual record is largely fixed, but the presentation, mitigation, and argument can make a substantial difference in outcome. An experienced ethics defense attorney can help you:
- Review the entire record for procedural or evidentiary errors.
- Prepare a focused brief addressing findings, credibility determinations, and proportionality of sanction.
- Identify mitigating factors—including cooperation, remorse, lack of prior discipline, and rehabilitation evidence.
- Anticipate and address Board members’ questions.
- Present a concise, persuasive oral argument highlighting fairness and proportionality under precedent.
The Role of Counsel at the DRB
At the DRB stage, representation by counsel is especially important. Oral argument before the Board follows structured procedures, and the record is subject to appellate scrutiny. Counsel can ensure your presentation emphasizes both legal and equitable grounds for leniency, preserving issues for potential review by the Supreme Court.
After the DRB Decision
Once the DRB issues its recommendation, the New Jersey Supreme Court reviews the record and imposes final discipline. A respondent may also appeal the DRB's decision to the Supreme Court, though such appeals are rarely granted. The Court may adopt the DRB’s recommendation, increase or reduce the sanction, or remand for further proceedings.
Even after the DRB phase, defense counsel can file supplemental materials with the Court, respond to the OAE’s submissions, and guide you through reinstatement or compliance if discipline is imposed.
Why Early Representation Matters
The best preparation for a DRB hearing begins long before the case reaches Trenton. Building a clear record, preserving objections, and creating mitigation evidence at the DEC or OAE level can dramatically affect the outcome before the Board.
At Shapiro Croland Reiser Apfel & Di Iorio, we represent New Jersey attorneys at every stage of the disciplinary process—from initial grievance to DEC hearing, OAE investigation, and DRB appeal. We understand how to frame your record, argument, and mitigation to protect your license and reputation.