R. 1:20-23 New Jersey Rules of Court, R. 1:20-23: Release of Restrained Funds in Attorney Accounts, rendered as code with every cross-reference linked

rule 1:20-23 "Release of Restrained Funds in Attorney Accounts" {
(a) Petition for Release of Funds. A party claiming a right to attorney trust or business account funds or to other funds that have been restrained from disbursement by Supreme Court Order shall make any application for release of those funds to the Supreme Court. The petitioning party shall file an original plus eight copies of a verified petition setting forth the standing of the petitioner to make the application and the factual basis for the claim that the funds sought are the property of the petitioner. Relevant documentation shall be appended to the petition. Legal argument, if any, in support of the petitioner's contentions shall be submitted separately in the form of a brief.
(b) Notice. Two copies of the petition shall be served on the disciplined attorney, the Disciplinary Review Board, the Office of Attorney Ethics, the Lawyers' Fund for Client Protection, any attorney-trustee appointed pursuant to Rule 1:20-19, and any other parties in interest. Proof of service shall be filed with the petition.
(c) Response to Petition. Parties served with the petition shall have ten days within which to file and serve nine copies of a response.
(d) Supreme Court Action; Publication. If the Court determines the claimed funds are the property of the petitioner or of any other claimant, it shall enter an appropriate order directing disbursement. The Court may make the release of funds subject to prior general notice by publication.
(e) Priority Over Remaining Funds. If the actual ownership of the funds cannot be established by clear and convincing evidence, the Lawyers' Fund for Client Protection shall have priority over the funds to the extent it has been subrogated to the rights of claimants against the Fund. If the Fund does not make a claim or if satisfaction of its claim does not exhaust the funds that have been restrained, the Disciplinary Oversight Committee shall have priority over the remaining funds to satisfy unpaid costs assessed against the disciplined attorney.
Note: Adopted July 10, 1998 to be effective September 1, 1998; paragraph (b) amended July 28, 2004 to be effective September 1, 2004.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2026-03-20; corpus harvested 2026-09-02