R.M. v. SUPREME COURT


883 A.2d 369 (2005)

185 N.J. 208

R.M., Plaintiff-Appellant, v. SUPREME COURT of New Jersey, District XIII Ethics Committee and Office of Attorney Ethics, Defendants-Respondents, and Jane Doe, Defendant.

Supreme Court of New Jersey.

Decided October 19, 2005.


Attorney(s) appearing for the Case

Richard M. Gutman, argued the cause, Montclair, for appellant.

Carol Johnston, Senior Deputy Attorney General, argued the cause for respondents (Peter C. Harvey, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel).

Frederick J. Dennehy, Woodbridge, argued the cause for amicus curiae, New Jersey State Bar Association (Edwin J. McCreedy, Cranford, President, attorney).


Justice ZAZZALI delivered the opinion of the Court.

In this matter, R.M. challenges the constitutionality of Rule 1:20-9, which mandates that a grievance filed against an attorney remains confidential until a formal complaint is filed. She contends that the rule is an impermissible restraint on free speech because it prevents her from making truthful statements about the ethics process, including the fact that she filed a grievance. R.M. also argues that

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