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In re Shafir

February 15, 1983

IN THE MATTER OF MARC A. SHAFIR, AN ATTORNEY-AT-LAW

ORDER

The Disciplinary Review Board having filed a report recommending that MARC A. SHAFIR of EDISON be publicly reprimanded for his conduct in violation of DR. 1-102(A)(4) and DR. 1-102(A)(5) and the Court having reviewed the record,

And the Disciplinary Review Board having further recommended that respondent be required to reimburse the Administrative Office of the Courts for appropriate administrative costs, including production of transcripts, and good cause appearing;

It is ORDERED that the report of the Disciplinary Review Board is hereby adopted and that MARC A. SHAFIR be and hereby is publicly reprimanded for his violation of DR. 1-102(A)(4) and DR. 1-102(A)(5); and it is further

Ordered that the Decision and Recommendation of the Disciplinary Review Board, together with this order and full

record of this matter, be added as a permanent part of the file of said MARC A. SHAFIR as an attorney at law of the State of New Jersey; and it is further

Ordered that MARC A. SHAFIR reimburse the Administrative Office of the Court for appropriate administrative costs, including production of transcripts.

Decision and Recommendation of the Disciplinary Review Board

To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey:

This matter is before the Board based upon a presentment filed by the District VIII Ethics Committee which finds improprieties by the respondent while acting as an Assistant Prosecutor for Essex County.

The respondent began employment with the Essex County Prosecutor's Office in February of 1974 as a law clerk. In February of 1976, 3 months after his admission to practice law in this State, he was appointed an Assistant Essex County Prosecutor, and served in that capacity until July of 1978. He was appointed to the position of Assistant Middlesex County Prosecutor in August of 1978. He resigned that position on January 15, 1979 as a result of this pending ethics complaint.

While employed by Essex County, the respondent handled a large number of cases, many of which were concluded by negotiated plea bargaining. Where a plea was negotiated and sentencing recommendations were made by the Prosecutor's Office, a form captioned "Request to Recommend Disposition" or "Request to Recommend Sentence" was required. The form contained information concerning the terms of the plea bargain as well as the reason for the requested sentence. Additionally, the signature of the Assistant Prosecutor handling the case as well as that of the approving supervisor was required. Respondent, in a number of cases, placed the ...


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