Yesterday, the Supreme Court announced a sea change in the law governing attorney disbarments. Ever since In re Wilson, 81 N.J. 451 (1979), disbarment has been permanent. There was no opportunity to apply for readmission. Following on the Supreme Court’s ruling in In re Wade, 250 N.J. 581 (2022), which reaffirmed the Wilson rule but kicked off an inquiry as to whether disbarment law should change, the Court appointed a Special Committee, comprising persons from various walks of life, to study the issue.

The Special Committee recommended that disbarred attorneys be permitted to reapply for admission five years after disbarment. That recommendation, however, came with a host of conditions, including (among many other things) demonstrating rehabilitation and clearing the Supreme Court Committee on Character and other processes required of Bar applicants generally.

The Supreme Court largely adopted the recommendation of the Special Committee, though it altered the recommendation in certain respects. For example, the Committee suggested that disbarred attorneys be required to take and pass the Multistate Professional Responsibility Examination (“MPRE”), but that whether an applicant should have to take and pass the New Jersey Bar examination be determined by the Supreme Court on a case-by-case basis. The Court, however, determined that taking and passing both the MPRE and the Bar examination would be mandatory for all applicants for readmission.

The Court adopted a new Court Rule, Rule 1:20-21A, which embodies the requirements of the new regime. Disbarred attorneys who wish to seek readmission, as well as those of us who represent candidates for admission before the Supreme Court Committee on Character should familiarize themselves with that new Rule.

As a result of the Court’s action yesterday, a new day has dawned for disbarred attorneys. The Court emphasized, however, that readmission will be far from automatic, that the burden of proof is on the applicant, and that protection of the public remains paramount.