The State Supreme Court hears oral arguments on whether a three-month suspension is sufficient punishment for Judge Patricia Coffey’s role in helping her husband put his assets into a trust during disciplinary proceedings that led to his disbarment.
New Hampshire Public Radio's Josh Rogers has more.
Justices Linda Dalainis, James Duggan and Richard Galwey focused most of their attention on two issues. Issue one was whether there is much precedent to guide them as they determine Patricia Coffey’s punishment --Lawyers on both sides agreed there really isn’t. Issue two, was did Coffey actions provide her with tangible benefit.
"And it sounds like they did"
That’s Justice Richard Galway. Here's Coffey's attorney Russ Hilliard's response.
"It may well be the case."
Hilliard was referring to the sale of a condominium held by the trust. The Justices wanted to know why the Coffeys hadn’t used the proceeds - some $176,000 -- to repay the professional conduct committee the full $75,000 it was owed for John Coffey's disciplinary proceedings. Russ Hilliard acknowledged the Coffeys spend much of the money on refurbishing another house, but held fast to a basic bottom line.
"But she never interposed the trust to stop the pcc. She didn’t do it."
That claim, prompted an interjection by Justice James Duggan.
"He Did."
-"He may have, and I can’t.....He’s not my client. I am representing Judge Coffey -- and as soon as the PCC reimbursement effort came to her attention, she was on Jay Neiderman's door step to give him whatever he needed and make sure everything happened and to do everthing she could to make sure that her husband's debt was paid."
But Justice Linda Dalanis continued to probe.
"And that was after the condominium sale?"
--"That was after the condominium sale?.....ah, yes."
Is the record clear that was actually the first point at which aware of the collection effort? Is it clear that she found out about it after the condominium was sold?"
-"I’m not sure I’m comfortable saying expressly yes or no to that."
Nor, apparently was Judge Coffey herself. When she was asked by the Justices if she wanted to address the court about any aspect of her case she declined. There is no timetable for the court’s decision of her punishment, but whatever they decide – and they lack the power to pull her from the bench permanently – it won’t be the last word on this matter. Last week legislative leaders cleared the way for a bill of address that would allow her to be voted off the bench by lawmakers and the executive council – a move that has the backing of Governor John Lynch.
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