LD-2003-0012

In the Matter of
Raymond J. DiLucci, Esquire

On December 29, 2003, the Committee on Professional Conduct filed a petition seeking the public censure of the respondent, Raymond J. DiLucci, of Concord, New Hampshire. The petition was served on the respondent, who answered it.

On April 5, 2004, the court referred this matter to the Honorable Vincent P. Dunn as a referee for a hearing and for the filing of a written report with specific findings of fact and rulings of law as to the alleged violations of the rules of professional conduct and a recommended sanction.

The hearing on the merits was scheduled for August 16, 2004. On July 29, 2004, the court granted a consented-to-motion to continue the merits hearing filed by the Committee on Professional Conduct. Before the hearing took place, the parties stipulated to entry of findings of fact and final judgment in this matter. The parties stipulated that the respondent violated the following Rules of Professional Conduct and Supreme Court Rules:

1. Rule 1.2(a) by failing to abide by his client's decision concerning the objectives of representation and failing to consult with her as to the means of pursuing these objectives;
2. Rule 1.15(a)(1) by breaching his duties as a fiduciary by failing to obtain his client's consent to disburse joint funds to one client without the other client's knowledge or authorization;
3. Rule 1.16(d) by terminating his representation of his client in the absence of reasonably practical steps to protect her interests; and
4. Rule 8.4(a) by violating provisions of the Rules of Professional Conduct.

The parties stipulated that the respondent should be publicly censured for these violations and assessed all expenses incurred by the Committee in its investigation and prosecution of this matter.

The referee has recommended that the court approve the parties' stipulation.

Having reviewed the parties' stipulation and the referee's recommendation, the court concludes that further proceedings are unnecessary for the disposition of this case. The court approves the parties' stipulation, and concludes that the respondent's violations of the Rules of Professional Conduct justify public censure.

THEREFORE, Raymond J. DiLucci is hereby publicly censured for violating Rules of Professional Conduct 1.2(a), 1.15(a)(1), 1.16(d) and 8.4(a). He is ordered to notify the Committee on Professional Conduct on or before January 28, 2005, of any other jurisdictions in which he is licensed to practice law of the issuance of the court's order.

Raymond J. DiLucci is hereby assessed all expenses incurred by the Committee on Professional Conduct in the investigation and prosecution of this matter.

Broderick, C.J., and Nadeau, Dalianis, Duggan and Galway, JJ., concurred.
DATE: December 30, 2004
ATTEST: Eileen Fox, Clerk

Pursuant to Supreme Court Rule 37, the Supreme Court reappoints the following persons to serve on the Hearings Committee of the Attorney Discipline System:

Richard H. Darling, of Milford, to a three-year term expiring on December 31, 2007;

Melissa C. Guldbrandsen, of Concord, to a three-year term expiring on December 31, 2007;

Christopher K. Hodgdon, of Nashua, to a three-year term expiring on December 31, 2007;

Julie A. Introcaso, of Kingston, to a three-year term expiring on December 31, 2007;

Alexander M. Lachiatto, of Kennebunkport, Maine, to a three-year term expiring on December 31, 2007;

Joseph M. McDonough, of Manchester, to a three-year term expiring on December 31, 2007;

Paul S. Moore, of Nashua, to a three-year term expiring on December 31, 2007;

Mary Anne Mueller, of Londonderry, to a three-year term expiring on December 31, 2007;

James W. Squires, M.D., of Hollis, to a three-year term expiring on December 31, 2007;

Benjamin Thompson, Jr., of Hanover, to a three-year term expiring on December 31, 2007; and

Philip R. Waystack, of Colebrook, to a three-year term expiring on December 31, 2007.

December 21, 2004
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire

Pursuant to Supreme Court Rule 37, the Supreme Court reappoints Thomas P. Connair, of Claremont, and Toni M. Gray, of Hopkinton, to the Professional Conduct Committee of the Attorney Discipline System. The terms of Attorney Connair and Ms. Gray are for three years and expire on December 31, 2007.

The court hereby appoints Nancy R. Hacking, of Canterbury, to the Professional Conduct Committee, to serve the remainder of a term expiring on December 31, 2006. Ms. Hacking is appointed to replace Aine Donovan, who has resigned.

December 21, 2004
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire

Pursuant to Supreme Court Rule 37, the Supreme Court reappoints Richard J. Daschbach, of Westmoreland and Michael P. Hall, of Concord to the Complaint Screening Committee of the Attorney Discipline System. The terms of Attorney Daschbach and Attorney Hall are for three years and expire on December 31, 2007.

The Supreme Court appoints John T. Sheehan, of Deering, to the Complaint Screening Committee of the Attorney Discipline System, to serve a three-year term commencing on January 1, 2005 and expiring on December 31, 2007. Mr. Sheehan is appointed to replace William F. Lynch, whose term expires on December 31, 2004, and who did not wish to be reappointed.

December 21, 2004
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves adoption of an amendment, on a temporary basis, to Supreme Court Rule 53.2(B) as set forth in Appendix A; and adoption of an amendment, on a temporary basis, to Supreme Court Rule 53.3(D) as set forth in Appendix B. These amendments shall take effect March 1, 2005, and shall be referred to the Advisory Committee on Rules for consideration of whether they should be adopted on a permanent basis.

December 27, 2004
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire

APPENDIX A

Amend on a temporary basis Supreme Court Rule 53.2(B) by deleting said section and replacing it with the following:

B. Exemptions From Rule - Rule 53.1(A) and, except as provided below, Rule 53.6 shall not apply to:

1. Lawyers admitted to practice during the reporting year, except when nine months or more remain in the reporting year. Lawyers admitted with nine (9) months or more remaining in the reporting year are subject to the requirements of Rule 53.1(A).
2. Lawyers on active duty for the United States Armed Forces stationed outside the State of New Hampshire for more than three (3) months of the reporting year. These lawyers must file a certificate of compliance pursuant to Rule 53.6 for each reporting year for which the lawyer is so exempted.
3. Lawyers whose status is inactive for more than three (3) months in a reporting year.
4. State and Federal full-time judges, judges retired from a full-time judgeship, full-time magistrates, full-time marital masters, the state reporter appointed pursuant to RSA 505:1, and full-time clerks and deputy clerks of court, provided however they are not engaged in the practice of law.
5. Lawyers who are elected State or Federal officials, provided however they are not engaged in the practice of law; and provided that such lawyers must nonetheless file a certificate of compliance pursuant to Rule 53.6 for each reporting year for which the lawyer is so exempted.
6. Lawyers who are exempted from Rule 53.2(A), in whole or in part, by the NHMCLE Board, upon petition, for compelling reasons. Such reasons may include, but are not limited to, physical or other disability or service as an elected official which prevents compliance with this rule during the period of such disability or service. Lawyers so exempted must nonetheless file a certificate of compliance pursuant to Rule 53.6 for each reporting year for which the lawyer is so exempted.

APPENDIX B

Amend on a temporary basis Supreme Court Rule 53.3(D) by deleting said subsection and replacing it with the following:

D. Requirements for Audio/Video Courses - NHMCLE credit shall be granted for exposure to audio or video tapes of approved courses which does not qualify as attendance at a live presentation, provided that (1) exposure to the course occurs in a setting conducive to intellectual concentration and effective study, (2) written course materials are available (at the time of exposure) for permanent retention by the student upon completion of the course, and (3) the course was not produced more than three (3) years prior to the date of exposure.

Pursuant to RSA 71-B:2, the Supreme Court of New Hampshire hereby reappoints Albert F. Shamash, of Walpole, to the Board of Tax and Land Appeals for a term beginning January 1, 2005, and terminating on December 31, 2009.

December 27, 2004
ATTEST: Carol A. Belmain, Deputy Clerk
Supreme Court of New Hampshire

ADM-2001-151,
In the Matter of Giuseppe E. Bellavita,

ADM-2002-0004,
In the Matter of Giuseppe E. Bellavita, and

ADM-2002-0080,
In the Matter of Giuseppe E. Bellavita

The court on January 12, 2005 issued the following order:

Giuseppe Bellavita's motion for reinstatement to the practice of law in New Hampshire is granted.

Broderick, C.J., and Nadeau, Dalianis, Duggan and Galway, JJ., concurred.
Eileen Fox, Clerk

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