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In re Marcinkiewiez

Supreme Court of New Jersey

April 25, 2019

In the Matter of Ania Marcinkiewiez An Attorney At Law

          Argued: February 21, 2019

          District Docket No. XIV-2018-0227E

          Amanda Figland appeared on behalf of the Office of Attorney Ethics.

          Kevin G. Roe appeared on behalf of respondent.

          Ellen A. Brodsky Chief Counsel

          DECISION

          BONNIE C. FROST, CHAIR

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

         This matter was before us on a motion for final discipline filed by the Office of Attorney Ethics (OAE), pursuant to R. 1:20-13(c)(2), following respondent's guilty plea to third-degree aggravated assault causing significant bodily injury, in violation of N.J.S.A. 2C: 12- 1(b)(7), and third-degree endangering the welfare of a child, in violation of N.J.S.A. 2C:24-4(a)(2).

         The OAE seeks a one-year suspension for respondent's criminal conduct, with the following conditions: that she (1) maintain her sobriety and remain "clean;" (2) submit to a ten-panel drug and alcohol hair follicle test, demonstrating that she has been alcohol- and drug-free for the past three months; (3) provide the OAE, prior to reinstatement, with proof of fitness to practice law as attested by a medical professional approved by the OAE; and (4) provide the OAE with reports demonstrating successful alcohol monitoring for the two-year period following her reinstatement.

         For the reasons set forth below, we determine to impose a one-year suspension on respondent, subject to the conditions recommended by the OAE.

         Respondent was admitted to the New Jersey bar in 2004. It is not clear from the record whether she ever established a law office. She has no history of discipline. Since August 24, 2015, she has been ineligible to practice law due to nonpayment of the annual attorney assessment to the New Jersey Lawyers' Fund for Client Protection.

         Sometime between March 22 and 23, 2012, during an alcohol-induced blackout, respondent, who described herself as an "angry drunk," inflicted the following injuries on her eight-week-old daughter: a fractured skull, bleeding in her brain, a palm print on her face, an unidentified injury to her leg, and braises. As a result, the Essex County Prosecutor's Office charged respondent with one count of second-degree aggravated assault causing serious bodily injury, in violation of N.J.S.A. 2C;l2-l(b)(1), and two counts of second-degree endangering the welfare of a child, in violation of N.J.S.A. 2C:24-4(a).

         On November 29, 2012, respondent appeared before the Honorable Michael L. Ravin, J.S.C., and pleaded guilty to one count each of third-degree aggravated assault, in violation of N.J.S.A. 2C: 12-1(b)(7), and third-degree endangering the welfare of a child, in violation of N.J.S.A. 2C:24-4(a)(2). In exchange, the Prosecutor's Office agreed to dismiss the second count of child endangerment and recommend probation, plus anger management classes, parenting classes, and "continued Drug/Alcohol abuse evaluation and treatment."

         In addition to the facts underlying respondent's assault on her infant daughter, respondent testified that, prior to that incident, she had blacked out on more than one occasion. According to respondent, when she was either intoxicated or experiencing a ...


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