Rule 1:20-16. Action by the Supreme Court

(a) Review of Recommendations for Disbarment The Supreme Court shall review all decisions of the Board that recommend disbarment. The review shall be on the basis of the decision, the transcript of the hearing before the Board, any briefs filed with the Board, and the record of the proceedings before the Ethics Committee, if any. The record shall be supplemented by the filing of briefs and by oral argument before the Supreme Court in accordance with R. 2:5, 2:6 and 2:11, insofar as applicable.

(b) Review of Other Final Disciplinary Determinations In all matters other than those in which disbarment has been recommended, the Board's decision shall become final on the entry of an appropriate Order by the Clerk of the Supreme Court. Unless the Court otherwise orders, entry of a final Order of discipline shall be stayed by the filing of a timely petition for review of the Board's decision by the respondent or the Office of Attorney Ethics or by the entry of an Order scheduling the matter for briefing and, where appropriate, oral argument on the Court's own motion. The Court may, on its own motion, decide to review any determination of the Board where disbarment has not been recommended. Either respondent or the Office of Attorney Ethics may seek review by filing a notice of petition for review within twenty days of the filing of the Board's decision with the Court. The notice shall be accompanied by nine copies of a petition for review, which shall be a brief that meets the format requirements of Rule 2:12-7(a). The responding party shall serve and file a responding brief within ten days of the filing of the petition for review. A reply brief, if any, shall be served and filed within seven days thereafter. If the Court grants the petition for review, the record before it shall consist of the briefs filed on the petition and the record developed below, consistent with paragraph (a) of this Rule. The Court may, in its discretion, elect to determine any matter on the papers submitted to it, without oral argument. Unless the Court otherwise directs, the entry of its disposition shall vacate any stay in effect.

(c) De Novo Review Supreme Court review shall be de novo on the record.

(d) Non-appealable Matters The Board's decision shall be final and not subject to further review by the Court, whether by appeal by leave or in any other manner, in all matters considered by the Board pursuant to R. 1:20-15(e)(1)(i) and R. 1:20A-3(c).

(e) Consent Orders Except for admonition by consent, on acceptance by the Disciplinary Review Board pursuant to R. 1:20-15(g) of a motion for imposition of discipline by consent, the record of the proceedings shall be filed with the Clerk of the Court for entry of an order of discipline in conformance therewith. The order shall be entered within 30 days after filing of the record.

(f) Constitutional Issues

(1) Interlocutory Review An aggrieved party may file with the Supreme Court a motion for leave to appeal to seek interlocutory review of a constitutional challenge to proceedings pending before the trier of fact or the Board. The motion papers shall conform to R. 2:8-1. Leave to appeal may be granted only when necessary to prevent irreparable injury. If leave to appeal is granted, the record below may, in the discretion of the Court, be supplemented by the filing of briefs and oral argument. The filing of any motion to the Supreme Court for interlocutory review authorized by these rules shall not automatically stay disciplinary proceedings unless the Court enters an order specifically granting a stay pending its resolution of the request.

(2) Final Review In any case in which a constitutional challenge to the proceedings has been properly raised below and preserved pending review of the merits of the disciplinary matter by the Supreme Court, the aggrieved party may seek the review of the Court by proceeding in accordance with the applicable provisions of paragraph (b) of this rule.

(g) Review of Other Matters All recommendations of the Board other than those otherwise referred to in this rule shall be reviewed by the Supreme Court on the full record below, supplemented as it may order on its own or a party's motion.

(h) Restraint on Attorney Accounts A Supreme Court order imposing interim or final discipline may include a restraint on the disbursement of funds from accounts maintained by the respondent pursuant to Rule 1:21-6 or from other appropriate accounts. Applications for release of those funds shall be governed by Rule 1:20-23.

(i) Practice of Law Prohibited No attorney who has been ordered disbarred, suspended, or transferred to disability-inactive status shall practice law after such disbarment or during the period of such suspension or disability, and every order of disbarment shall include a permanent injunction from such practice.

(j) Practicing Law in Violation of Supreme Court Order Whenever there is reason to believe that an attorney may have violated an Order of the Supreme Court prohibiting that attorney from practicing law in this state, the Director may refer the underlying facts to the appropriate law enforcement agency. The Director also may file and prosecute an action for contempt under R. 1:10-2. Any action under R. 1:10-2 shall be instituted on order to show cause to the Assignment Judge of the vicinage in which the respondent is alleged to have engaged in the prohibited practice of law.

(k) Advice to Suspended and Disbarred Attorneys; Supreme Court Order. An order of the Supreme Court suspending an attorney shall contain a provision specifically advising the attorney of the requirements of R.1:20-20(b)(15) for filing an affidavit of compliance within 30 days with the Director, the Clerk of the Supreme Court, and the Board; and of the serious consequences for failure to fully and timely comply with those requirements as provided in R.1:20-20(c).