Matter of Yaccarino

O’HEEN and GARIBALDI, JJ.,

dissenting.

We dissent from the disposition of the Court primarily on the basis of the Mitigating Circumstances set forth in Part IV of the non-disbarment opinion of the equally-divided Disciplinary Eeview Board. Those mitigating circumstances (with a few sentences deleted) are published herewith. We add only these observations.

We often reiterate that protection of the public, not punishment of the attorney, is the purpose of attorney discipline. In re Goldstein, 97 N.J. 545, 548 (1984). As a recipient of a judicial pension, respondent can never represent a client in…