Sup. Ct. R. 38 (2)

Coffey's Case, JD-2007-003 (N.H. S.Ct., Apr. 18, 2008)

DUGGAN, J. The New Hampshire Supreme Court Committee on Judicial Conduct (JCC) determined that the respondent, Superior Court Judge Patricia C. Coffey, engaged in serious misconduct in violation of Canons 1 and 2 of the Code of Judicial Conduct (the Code). See Sup. Ct. R. 38. This conclusion was based, in part, upon Judge Coffey’s admission that she aided her husband in protecting his assets from the reach of creditors and, consequently, impeded the Professional Conduct Committee (PCC) in its efforts to collect on a valid, court-ordered debt. In light of its findings, the JCC recommended that Judge Coffey be: (1) publicly censured; (2) suspended without pay from all judicial duties and responsibilities for three months; and (3) ordered to reimburse the JCC for the expenses incurred in prosecuting her case. On appeal, Judge Coffey urges us to adopt the JCC’s recommended sanctions or, in the alternative, to reduce the sanction to public censure only. We adopt the JCC’s recommendation for public censure and grant its request for reimbursement, but we conclude, based upon the analysis that follows, that the three-month suspension must be increased to three years.

Holmes v. Holmes, 00-M-0185 (Hillsborough, North, Oct. 15, 2001)

The issues presently before the court in this divorce action arise out of plaintiff's efforts to discharge her counsel and to substitute a non-lawyer, Theodore Kamasinski, as her "attorney-in- fact." Based largely, although not entirely, upon Mr. Kamasinski's appearance, plaintiff has moved to recuse the undersigned justice from continuing to preside over the case. The defendant objects to the recusal motion and seeks to bar Kamasinski's appearance on the grounds that he is engaged in the unauthorized practice of law. Also before the court are a motion to withdraw and a motion for instructions filed by plaintiff's present counsel, Attorney Donald Kennedy, and a petition for access to court records filed by Mr. Kamasinski in his capacity as a private citizen. After reciting the pertinent facts, I address these various motions below.
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