Howard Lionel Toft, Plaintiff-Appellant v. Mary G. Ketchum, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the dismissal of a malicious prosecution claim, holding that a complaint filed with an ethics and grievance committee is privileged and cannot give rise to a malicious prosecution action by an attorney. The Court reasoned that disciplinary proceedings are judicial in nature and that public policy favors encouraging complaints about unethical conduct. Two dissenting opinions argued that the privilege should not bar relief for attorneys harmed by false complaints. The concurring opinion emphasized the heavy burden on plaintiffs in malicious prosecution actions.