Judge Suspended for Helping Husband Fraudulently Shield Assets from Creditors

The New Hampshire Supreme Court suspends a superior court judge for three years for assisting her disbarred attorney husband in fraudulently shielding his assets from creditors. The husband was disbarred for charging an excessive fee to an elderly and incapacitated client. Coffey's Case (N.H., No. JD-2007-003, April 18, 2008).

New Hampshire Superior Court Judge Patricia Coffey's husband, John, was disbarred for charging an excessive fee in a real estate matter to an elderly client who lacked capacity. Mr. Coffey was also ordered to pay the Professional Conduct Committee (PCC) $75,000 in fees it incurred in prosecuting his case. When the PCC requested payment, Mr. Coffey asserted that he had no assets from which to pay the judgment.

Investigation revealed that shortly after the final hearing in his disciplinary case, Mr. Coffey transferred virtually all of his assets to a spendthrift trust of which his wife was the sole trustee and beneficiary, effectively shielding the assets from creditors. Judge Coffey admitted that she aided her husband in shielding his assets from potential creditors but denied trying to avoid the PCC judgment. The PCC brought an action against Judge Coffey, ultimately recommending that she be publicly censured, ordered to reimburse the PCC its costs, and suspended for three months. Judge Coffey appealed, requesting a lesser penalty.

The New Hampshire Supreme Court affirms the censure and reimbursement sanctions. However, the court rules that because Judge Coffey's actions interfered with the administration of the courts, a three-year suspension is required "to protect the public from further acts of misconduct."

To download the full text of this decision in PDF format, go to: https://www.courts.state.nh.us/supreme/opinions/2008/coffe041.pdf.
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