IN THE MATTER OF MATTHEW M. GORMAN AN ATTORNEY AT LAW
Docket No. XIV-2016-0433E
Honorable Chief Justice and Associate Justices of the Supreme
Court of New Jersey.
matter was before us on a certification of default, filed by
the Office of Attorney Ethics (OAE) pursuant to R.
l:20-4(f). The complaint charged respondent with violations
of RFC 8.1(b) (failure to reply to a lawful demand
for information from a disciplinary authority) and
RPC 8.4(d) (conduct prejudicial to the
administration of justice). The OAE filed a memorandum
recommending the imposition of a censure. For the reasons
expressed below, we agree with the recommendation and
determine to impose a censure.
was admitted to the New Jersey bar in 2012. He was
temporarily suspended for failure to comply with fee
arbitration determinations in three matters. In the
Matter of Matthew M. Gorman, 224 N.J. 449 (2016)
(suspension effective May 11, 2016); In the Matter of
Matthew M. Gorman, 224 N.J. 450 (2016) (suspension also
effective May 11, 2016); and in the Matter of Matthew M.
Gorman, 227 N.J. 3 (2016) (suspension effective October
28, 2016). He remains suspended to date.
of process was proper in this matter. On May 23, 2017, the
OAE sent a copy of the complaint by regular and certified
mail to respondent's last known post office box address
listed in the attorney registration records. On June 26,
2017, the Valley Cottage, New York, United States Postal
Service branch informed the OAE that respondent had not
picked up his mail in some time and that both the regular and
certified mail remained in respondent's post office box.
the certified mail was returned marked "Unclaimed,"
and, as of the date of the certification of the record,
September 28, 2017, the regular mail had not been returned.
29, 2017, the OAE effected notice of the complaint by
publication in Bergen County, in The Record and, on
July 3, 2017, in the New Jersey Law Journal.
the date of the certification of the record, September 28,
2017, respondent had not filed an answer to the ethics
turn to the allegations of the complaint. Following
respondent's temporary suspensions, the OAE's
investigation revealed that he was no longer at his last
known office address in Hackensack, New Jersey.
to the Court's Orders of temporary suspension, filed on
April 1, 2016 and September 28, 2016, respondent was ordered
to comply with R. 1:20-20. The Rule requires, among
other things, that, within thirty days of an Order of
suspension, an attorney file with the Director of the OAE, a
detailed affidavit, specifying how the attorney complied with
each of the provisions of R. 1:20-20 and the Court's
failed to file the affidavit. Therefore, by letter dated
August 5, 2016, sent by certified and regular mail to
respondent's last known office address, his New Jersey
home address, and an out-of-state address, the OAE informed
respondent that he was required to file the affidavit, and
instructed him to reply by August 19, 2016.
regular and certified mail sent to respondent's office
address was returned marked "Not Deliverable as
Addressed." The regular and certified mail sent to
respondent's New Jersey home address was returned marked
"Moved Left No Address." The certified mail sent to
the out-of-state address was returned marked "Attempted
Not Known"; the regular mail was not returned.
national records search of the CLEAR database,  through
Thomson Reuters, did not uncover any other addresses for
the date of the complaint, May 10, 2017, respondent had not
filed the required affidavit. The complaint thus charged
respondent with willfully violating the Court's Orders
and failing to take the steps required of all suspended or
disbarred attorneys, including notifying clients ...