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 Docket No.
Richard J. Carroll DRB 00-395
Richard P. Schubach DRB 00-402
Scott E. Walterschied DRB 00-375
Mark D. Cubberley DRB 00-373
Mark D. Cubberley DRB 00-403
Kevin J. Daly DRB 00-386
Kevin J. Daly DRB 00-394

These matters are scheduled to be reviewed by the Board on Thursday, March 15, 2001. R.1:20-4(f) provides that an attorney-respondentís failure to timely file an answer Ashall 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 Default may be filed with the Board prior to the scheduled review. That 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 charges. The Motion to Vacate must also be simultaneously served on the Director, 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: January 15, 2001
Robyn M. Hill
Chief Counsel
Disciplinary Review Board

Notices to the Bar