BRENTWOOD, NH - A judge, Patricia Coffey, presiding over two high-profile murder cases was removed from the bench while fighting charges that she fraudulently set up a trust to shield assets from collection efforts while the state was seeking to disbar her husband, attorney John Coffey, in 2005.

Last year, Patricia Coffey was accused of falling asleep on the job.

judge Patricia Coffey, who serves as the supervising judge for Rockingham County Superior Court, was placed on administrative leave Wednesday, August 29, 2007, by the New Hampshire Supreme Court.

Article published Nov 1, 2007
Judge Coffey, facing discipline, helped to shelter disbarred ex-husband's assets
Updated report

CONCORD — Disciplinary proceedings will go forward against a Superior Court judge who helped create a trust to shelter her husband's assets from debtors.

Members of the state Judicial Conduct Committee agreed Tuesday that Judge Patricia Coffey, ex-wife of disbarred attorney John J. Coffey, has violated the judicial code of conduct.

As a result, they have begun a process that could levy punishment against Judge Coffey ranging from a private reprimand, to public reprimand, censure or disbarment.

This investigation is Coffey's second run-in with the disciplinary committee in as many years.

She was first investigated when the wife of a suspect on trial for sexual assault claimed Coffey fell asleep during testimony from key witnesses. Although she was ultimately cleared on the allegation, the committee ordered her to get counseling, among other treatments.

Coffey must present her current case to the full conduct committee before any action is taken against her, according to the Stipulation of Facts released with the committee's ruling.

John Coffey owed some $75,000 to the state to cover the cost of disciplinary action against him between 2003 and 2005.

He was ultimately suspended in 2005 for accepting a valuable piece of coastal property from a client in lieu of a disproportionately small legal debt. His client was elderly and suffering from dementia at the time.

After his suspension, he was ordered by the Supreme Court to pay back the money and to pay the cost of all proceedings against him. He was later disbarred by the high court.

Knowing the disciplinary committee would require John Coffey to cover the cost of those proceedings, the couple placed three mutual properties deeds for two homes and a condominium in a trust in December of 2003.

Judge Coffey was named the sole trustee, effectively removing John Coffey's legal access to those assets. The move prevented the properties from being sold to cover the $75,000 debt.

Although those assets have since been removed from the trust and the money repayed, misconduct proceedings were filed against Judge Coffey because her position as a member of the judiciary requires she avoid even the appearance of impropriety, as mandated in the Code of Judicial Conduct.

By sheltering her then-husband's assets Coffey "failed to avoid both impropriety and the appearance of impropriety by participating in the creation of a trust," according to the finding.

Any violation of that code can merit suspension and Judge Coffey was suspended earlier this year.

According to the finding, she admitted to helping her husband shield his assets, even though it violated the code.

"Judge Coffey agrees that she has violated canons 1 and 2 of the Code of Judicial Conduct," according to the Stipulation of Facts.

The finding goes on to say "she failed to observe standards of personal conduct to assure that the integrity and independence of the judiciary (be) preserved" and "failed to avoid both impropriety and the appearance of impropriety ... in the creation of a trust of which she became the sole trustee," thereby preventing the conduct committee from collecting the $75,000 from Mr. Coffey.

However, the committee's decision will not result in any immediate punishment, since Judge Coffey still has the right to present her case to the full committee and ultimately to the Supreme Court, should proceedings reach that level.

According to official minutes from the committee's meeting, the conduct committee will hear preliminary evidence from both sides in December before setting a date for final disciplinary proceedings.

No committee members present Tuesday were in favor of public censure, according to the minutes, and all agreed to give Coffey a chance to present her case.
 

Article published Apr 18, 2008

Superior Court Judge Patricia Coffey has been suspended for three years without pay by a Judicial Conduct Committee for her role in a fraudulent property transfer that involved helping to shield her then-lawyer-husband's assets.

The 33-page order was handed down Friday after the committee determined Coffey committed "serious misconduct" and through her actions "has demonstrated a continuing disregard for the integrity of the judicial system."

The committee had recommended a suspension of three months, but determined the penalty should be increased to 12 times that recommendation in order to re-establish confidence in the judicial system and protect "the public from further acts of misconduct."

In addition to her suspension, the committee ordered Coffey be publicly censured for her misconduct, she must successfully complete a comprehensive course in judicial ethics at her own expense and must also reimburse the committee for costs associated with the matter.

The order affirms Coffey knowingly helped shield her former husband John Coffeys' assets as he was being disbarred three years ago and disregarded an explicit court order. John Coffey was disbarred in 2005 for exploiting an elderly client suffering with dementia.

Property the Coffeys owned was transferred into a family trust four days before he was notified he had been found guilty of misconduct and would face discipline and possible disbarment.

Coffey, who has been on paid leave for the past seven months, recently wrote to the court seeking permission to increase her earnings beyond the 15 percent of her $130,620 annual salary she is allowed to earn off the bench.

Citing the potential for a financial crisis, Coffey said if she goes without pay for even a short time, she could potentially lose her home.

Ultimately the court turned down her request.

The now suspended judge had been a Superior Court justice for nearly 16 years. Before that she was a district court judge for two years, a special justice on the municipal court for approximately two years and for several years was a member of the same committee that suspended her.

According to WMUR-TV reports Coffey could face even bigger trouble as Gov. John Lynch has called for her resignation.

Legislators are also considering a bill that would dismiss her for having tarnished the integrity of the judicial system.

An all-day hearing is scheduled for April 25 on the request for her dismissal.

Copyright© 2007-2008 by Citizens for Legal Responsibility®.
                                           All rights reserved.

     email: clr@clr.org

     Home

Last updated April 18, 2008