This matter having come before the Court on an order to show cause why HAROLD L. MARKS of ENGLEWOOD should not be disbarred or otherwise disciplined for his violation of DR. 9-102, and good cause appearing;
It is ORDERED that the Report of the Disciplinary Review Board recommending that respondent be disbarred is hereby adopted; and it is further
Ordered that HAROLD L. MARKS be disbarred and that his name be stricken from the roll of attorneys of this State, effective immediately; and it is further
ORDERED that HAROLD L. MARKS be and hereby is permanently restrained and enjoined from practicing law; and it is further
Ordered that HAROLD L. MARKS comply with Administrative Guideline No. 23 of the Office of Attorney Ethics regarding suspended, disbarred or resigned attorneys; and it is further
Ordered that HAROLD L. MARKS reimburse the Office of Attorney Ethics for appropriate administrative costs.
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 II Ethics Committee which concerns the misappropriation of nearly $50,000 in trust funds by the respondent.
The respondent represented Frances Tuber (formerly Frances Brauer) in the sale of her home in Englewood Cliffs, New Jersey. At closing, Ms. Tuber took back a mortgage from the purchasers. Thereafter, Ms. Tuber moved to 5203 Banyon Lane, Tamarac, Florida 33319.
In the summer of 1981, the purchasers determined to pay off the mortgage held by Ms. Tuber. The respondent continued to represent Ms. Tuber in this matter, and prepared a satisfaction and discharge of the mortgage which was signed by Ms. Tuber. A trust account check for $62,200 dated July 7, 1981 and payable to "Harold Marks Trust Account -- Frances Brauer" was forwarded to respondent by the purchasers' attorney in satisfaction of this mortgage. On July 8, 1981, the respondent deposited the $62,200 in his attorney trust account. Approximately three weeks later, the respondent enclosed his trust account check number 4437, ...