In a split decision, the state Supreme Court has suspended Superior Court Judge Patricia Coffey without pay for three years after finding that she engaged in serious misconduct when she created a trust to hide her and her husband’s assets from creditors. In a strongly worded dissent, Justice Richard Galway said Coffey’s misconduct warranted an indefinite suspension.

The Supreme Court ruling.

“Simply put, when one whose job is to enforce the law, instead interferes with and disregards the law to her own benefit, the public rightfully questions whether the judical system itself is worthy of respect,” Galway wrote. He continued, “A judge has the duty to be honest.”

The Judicial Conduct Committee had asked the court to suspend Coffey for three months. Coffey must reimburse the committee for the cost of its investigation before returning to the bench.

This decision, however, may not be the last word on Coffey’s judicial future.
A group of lawmakers has initiated a process to remove Coffey though legislative action, a move that has the support of Gov. John Lynch.

Coffey, who has been a judge since 1988, came under investigation in late 2006 for creating a trust in her name only to hide her and her husband’s assets from creditors. When Coffey created the trust in 2003, her husband, lawyer John Coffey, was under investigation for overcharging an elderly client and settling the bill by accepting the client’s oceanfront home for just $50,000.

John Coffey was ultimately disbarred by the state Supreme Court and ordered to reimburse the Professional Conduct Committee $75,000 for its investigation of his misconduct, according to court records. When the committee sought its payment, John Coffey had no money or assets because they were in a trust in his wife’s name.
Patricia Coffey later settled the debt - after she came under investigation by the Judicial Conduct Committee for creating the trust, according to court records. She has been on paid administrative leave since August.

Patricia Coffey was previously investigated for allegedly sleeping at the bench during cases. The Judicial Conduct Committee ruled that Coffey may have struggled to stay awake at times but had not actually fallen asleep. The committee ordered that Coffey be evaluated by a doctor and agree to a year of random monitoring by court officials.