No. 23-784

Kenneth James Rosellini v. New Jersey Office of Attorney Ethics

Lower Court: New Jersey
Docketed: 2024-01-18
Status: Denied
Type: Paid
Tags: civil-rights due-process first-amendment fourteenth-amendment free-speech legal-ethics res-judicata
Key Terms:
ERISA DueProcess FirstAmendment
Latest Conference: 2024-03-22
Question Presented (AI Summary)

Can an attorney be sanctioned for failure to obey tribunal rules when asserting unconstitutionality under the First and Fourteenth Amendments?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Can an attorney can be sanctioned in an ethics proceeding for failure to obey the rules of a tribunal when he is openly asserting that no valid obligation exists, because the orders are unconstitutional under the First and Fourteenth Amendments, and were issued when the state court found Res Judicata as grounds to deny a motion to vacate orders based upon fraud upon the court, when Res Judicata is not a valid basis to deny a motion to vacate an order based upon fraud upon the court, under the Fourteenth Amendment? 2) Can an attorney can be assessed a more severe ethics sanction for having asserted a civil rights complaint in federal court against officials of the ethics proceeding, for declaratory and injunctive relief, based upon assertions of violations of free speech under the First Amendment and due ; process under the Fourteenth Amendment? 3) Can a state’s highest court issue rules prohibiting lower tribunals in attorney ethics proceedings from considering whether or not the ethics rules they are enforcing violate the Constitution for the United States of America?

Docket Entries

2024-03-25
Petition DENIED.
2024-03-06
DISTRIBUTED for Conference of 3/22/2024.
2023-10-16
Petition for a writ of certiorari filed. (Response due February 20, 2024)

Attorneys

Kenneth James Rosellini
Kenneth Rosellini — Petitioner
Kenneth Rosellini — Petitioner