David Cubby Jr. of Waldwick, New Jersey, received a three-month suspension for threatening and vitriolic remarks he made to judges and court staff.
Disciplinary authorities have brought two separate cases against Cubby.
In the first, from an August 2021 Disciplinary Review Board decision, the Supreme Court imposed censure on Cubby based on findings that he failed to treat those involved in the legal process with courtesy, engaged in conduct intended to disrupt a court, made representations about a judge’s qualifications in reckless disregard of their veracity, refusal to cooperate with disciplinary authorities and conduct prejudicial to the administration of Justice.
In the second case, Cubby received a three-month suspension for failing to cooperate with disciplinary authorities and for conduct to the prejudice of the administration of justice.
In the first instance, Cubby was proceeding pro se in a landlord-tenant action. During a mediation session, he addressed his opponent, Richard Blender, as a “scumbag” to represent the owners, and approached him confrontationally, forcing the mediator to intervene, the DRB said.
Cubby could not be reached for comment.
“I find it difficult to control myself”
Later, when Cubby represented a nonprofit group in a foreclosure case, Judge Randal Chiocca was making a decision from the bench when Cubby repeatedly interrupted him and disagreed with the judge. Chiocca told Cubby that he would be asked to leave if he continued interrupting.
Then, when Chiocca said one of Cubby’s arguments was “pure speculation and innuendo”, Cubby cut him off, saying “unbelievable”. A sheriff’s officer ordered Cubby not to interrupt.
As the judge tried to continue, Cubby said: ‘I find it hard to control myself when I see the law being twisted to benefit parties who have done wrong. I have a very big problem with this, and I will continue to do so.
Again the judge told Cubby to sit or go, disciplinary records show the attorney responding, “Your decision, your decision is out of court. There is nothing here. It’s not based on anything. Nothing about [indiscernable] and now we’re going to have to appeal against these clowns, on the basis of absolutely nothing.
As Chiocca prepared to come off the bench, Cubby said: “My point is you are corrupt. That’s my point.”
The second case against Cubby, stemming from a March 15 DRB decision, concerns allegations of vitriolic attacks and behavior against court personnel during an ethics proceeding.
In that case, a secretary emailed Cubby a letter from Ellen Brodsky, who was then a DRB adviser, advising him that the previous complaint was in default. His response accused the Prosecutors Ethics Office of making false charges against him and threatened the secretary that she would be held personally responsible for prosecuting a criminal conspiracy.
The DRB found that Cubby was “extremely uncooperative and belligerent during the ethics investigation”.
“Not only did he fail to appear for two scheduled interviews or respond in writing to OAE regarding his email to the judicial secretary, but he also attacked OAE’s authority to investigate this case,” the DRB said.
The DRB opted for a three-month suspension in the second case against Cubby and also demanded that he comply with a prior order requiring him to demonstrate fitness to practice law, certified by a mental health professional, and complete an anger management test. Classes.