PARSIPPANY — Two weeks before the June primary, news broke on Tuesday that Morris County Deputy Freeholder Director John Cesaro has been ineligible to practice law since October 21, 2016 but still continued to handle cases. Cesaro is a Chief Prosecutor in Parsippany, and also serves in Essex Fells, Hanover, North Caldwell and Rockaway Township.
Incumbent Assemblywoman BettyLou DeCroce, one of Cesaro’s opponent in the primary released a statement and a link to the state Supreme Court order saying Cesaro had been administratively ineligible since October 2016 over his failure to register for the Interest on Lawyer Trust Accounts (IOLTA). Attorneys are required to register annually with the IOLTA fund (Rule 1:28A).
Since 1989, the IOLTA Fund has awarded grants of more than $400 million to Legal Services of New Jersey, the New Jersey State Bar Foundation and 134 other non-profit, 501(c) 3 organizations. The grants provide funding for free legal services to low-income people with civil legal problems, improvement in the administration of justice and education about the law.
“If true, this is an outrageous breach of trust by someone being paid by property taxpayers to represent the legal interests of multiple municipalities and citizens,” DeCroce said in a press release. “Freeholder Cesaro needs to come clean and explain why he is on this list and whether he disclosed his ineligible status to any of the elected officials in the towns where he has public contracts and was practicing law.”
John Cesaro told Parsippany Focus he registers every year but he apparently failed to do so last year. He wasn’t aware of his ineligibility until DeCroce contacted newspapers and some of his supporters.
Cesaro’s license is otherwise in good standing and ineligibility is not equivalent to being suspended, which was confirmed by the State Office of Attorney Ethics, according to the Daily Record. He also is up to date with his annual, $212 fee to the Lawyer’s Fund for Client Protection.
“It must have been a clerical error,” he said. “It was not an ethics issue, not a disciplinary issue.”
After finding out his status, Cesaro contacted the fund and filled out the appropriate paperwork.
“I got to thank my opponent for bringing this to my attention,” Cesaro said. “If I were her, I would focus on this, too. It takes the attention away from the fact that she voted with the Democrats for the 157-percent gas tax increase.”
According to the Daily Record, IOLTA Fund Executive Director Catherine Ferrise stated Cesaro resolved the issue and was expect to return to the active attorney list.
At the time this article was published, Parsippany Focus checked with the New Jersey Court website, NJ Attorney Detail and Mr. Cesaro’s license is active.
Cesaro also called DeCroce’s statement “her Hail Mary attempt to try win an election.”
Both 26th District Assembly seats – one occupied by DeCroce, the second by Jay Webber – are available this year. Cesaro and fellow Morris County Freeholder William “Hank” Lyon are both running for the seats and have specifically targeted DeCroce.
On Wednesday, it was reported that DeCroce filed a lawsuit in Morris County Superior Court claiming Lyon is violating state election finance laws.
On May 8, Parsippany-Troy Hills Township Mayor James Barberio submitted a resolution to the Township Council to approve Cesaro as the Chief Municipal Prosecutor of Parsippany Municipal Court. (Click here to view Resolution 2017-68). Also on May 8, Resolution 2017-69 was presented to the Township Council to appoint Doug Cabana as Municipal Prosecutor. (Click here to view Resolution 2017-69). The township council approved both resolutions, based on the due diligence is completed by the Township Attorney, Township Clerk and Business Administrator. Parsippany Focus submitted an OPRA request for copies of the Professional Services Agreement.
Click here for a complete list of the 1,320 Attorneys not in Compliance with Rule 1:28A for 2016.
