June 27, 2008
IN THE MATTER OF ADRIENNE EDWARD.*FN1
On appeal from the Superior Court of New Jersey, Law Division, Hudson County, 05-01-1523.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted June 17, 2008
Before Judges Stern and Coburn.
In the case of State v. Mehdi Jahanigir, Indictment No. 1523-01-05, which was pending in Hudson County, Adrienne Edward, the attorney for Jahanigir, failed to appear on time for a court scheduled event. When she arrived an hour later without just excuse, the judge imposed a $100 sanction against her pursuant to Rule 1:2-4. Edward now appeals from the order confirming the sanction.
After carefully considering the record and briefs, we are satisfied that Edward's arguments are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). Nevertheless we add the following comments.
Edward does not deny that she knew the hearing was scheduled; indeed, she was in court when the scheduling occurred. Although she claims that she did not believe her presence was required, that claim is inconsistent with her belated appearance in court that day and is unsupported by any facts developed in this record. She argues that since her tardiness did not in fact delay the proceedings, a Rule 1:2-4 sanction was unwarranted. But delay of the proceedings is not a requirement of the rule. State v. Kordower, 229 N.J. Super. 566, 584-86 (App. Div. 1989); In re Milita, 195 N.J. Super. 1 (App. Div. 1984). We find no abuse of discretion in the imposition of this sanction.