## Facts

- Lawrence G. Magid was an attorney who served as First Assistant Prosecutor of Gloucester County, New Jersey.
- Magid assaulted his girlfriend, K.P., who also worked in the prosecutor’s office, by punching her, knocking her to the ground, and kicking her, causing a black eye and bruising.
- Magid pleaded guilty to simple assault under N.J. Stat. Ann. § 2C:12-1(a)(1).
- In the criminal case, he received probation, a fine, a no-contact order, and a requirement to continue substance-abuse treatment.
- Magid had no prior criminal record and no prior attorney disciplinary history, and the record included evidence of treatment efforts and favorable reputation.
- Following the incident, Magid was terminated from his prosecutor position.
- The Office of Attorney Ethics sought final discipline based on the conviction under Rule 1:20-6; the Disciplinary Review Board recommended discipline, with a majority favoring a public reprimand.

## Issues

1. Whether a lawyer’s conviction for simple assault arising from domestic violence constitutes unethical conduct warranting attorney discipline.
2. What sanction is appropriate in light of the nature and severity of the offense, its relationship to the practice of law, the attorney’s role as a high-ranking prosecutor, and mitigating circumstances.

## Decision

- The Supreme Court of New Jersey independently reviewed the record in the conviction-based disciplinary proceeding.
- The Court held that Magid’s criminal conduct constituted unethical conduct warranting professional discipline.
- The Court imposed a public reprimand, rejecting a private reprimand as insufficient given the conduct and Magid’s public position.

## Legal Principles

- In a conviction-based disciplinary matter, the criminal conviction is conclusive proof of the underlying criminal conduct; the remaining question is the appropriate professional sanction.
- Sanctions for criminal conduct consider the nature and severity of the offense, whether it is related to the practice of law, and mitigating factors such as reputation and prior trustworthy conduct.
- Violent criminal conduct, including domestic violence, may warrant discipline even when unrelated to client representation because it reflects adversely on fitness to practice and public confidence in the legal system.
- An attorney’s position as a prosecutor is an aggravating factor when the attorney commits criminal conduct, because prosecutors are charged with enforcing the criminal law and are held to heightened expectations of lawful conduct.
- Mitigating factors (no prior discipline, treatment and rehabilitation efforts, evidence of good character, and collateral employment consequences) may reduce the level of sanction but do not preclude public discipline for serious misconduct.

## Conclusion

The New Jersey Supreme Court publicly reprimanded Magid because his domestic-violence simple-assault conviction reflected adversely on his fitness and the reputation of the bar, and his prosecutorial role aggravated the misconduct, while mitigation supported a reprimand rather than suspension.


In re Magid, 139 N.J. 449 (1995)