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NOTICE TO THE BAR

Re: Defaults Scheduled for Review by the Disciplinary Review Board

The following matters have been certified to the Disciplinary Review Board as defaults, in accordance with R. 1:20-4(f):

     In the Matter of John E. Kurts
     Docket No. DRB 08-450
     District Docket Nos. IIIB-2008-004E & IIIB-2008-009E

     In the Matter of Steven J. Plofsky
     Docket no. DRB 09-026
     District Docket Nos. VB-2005-018E & VB-2005-038E

These matters are scheduled to be reviewed by the Board on Thursday, April 16, 2009. R. 1:20-4(f) provides that an attorney-respondent's failure to timely file an answer "shall be deemed an admission that the allegations of the complaint are true and . . . provide sufficient basis for the imposition of discipline." Although chances for a successful motion are limited, a motion to vacate the default may be by filed with the Board by no later than April 6, 2009. MOTIONS RECEIVED AFTER THE DEADLINE WILL NOT BE REVIEWED BY THE BOARD. The motion should specify why the attorney-respondent failed to file a timely answer (including lack of notice) and should set forth any claimed meritorious defenses to the ethics charge.  The motion must also be simultaneously served on the Director of the Office of Attorney Ethics and, where appropriate, the district ethics committee responsible for the underlying ethics matter. A certification regarding that service must accompany any documents filed with the Board.

Respondents may communicate with the Board by contacting the Office of Board Counsel at:
P.O. Box 962
Trenton, NJ 08625

Telephone: 609-292-1012


Dated: March 23, 2009

Julianne K. DeCore
Chief Counsel
Disciplinary Review Board

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