In the Matter of Ania Marcinkiewiez An Attorney At Law
Argued: February 21, 2019
District Docket No. XIV-2018-0227E
Figland appeared on behalf of the Office of Attorney Ethics.
G. Roe appeared on behalf of respondent.
A. Brodsky Chief Counsel
C. FROST, CHAIR
Honorable Chief Justice and Associate Justices of the Supreme
Court of New Jersey.
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).
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.
reasons set forth below, we determine to impose a one-year
suspension on respondent, subject to the conditions
recommended by the OAE.
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.
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).
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."
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 ...