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

Summary

The Supreme Court of New Jersey held that the filing of a complaint with a county ethics and grievance committee is privileged, thereby barring a malicious prosecution action against the complainant. The Court reasoned that disciplinary proceedings are judicial in nature, serve a vital public interest, and granting immunity encourages reporting of attorney misconduct. Accordingly, it affirmed the trial court’s dismissal of the plaintiff’s claim. Justice Wachenfeld and Justice Bueling dissented, arguing that the attorney should retain a remedy, while Justice Jacobs concurred, emphasizing the heavy burden on plaintiffs and the adequacy of the committee’s findings.