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COLONIE---The Appellate Division of state Supreme Court has unanimously ordered that former Colonie town justice Richard DiStefano be suspended from practicing law for two years after being found guilty of professional misconduct.
Charges of misconduct against DiStefano in his private law practice were lodged against him by the Committee on Professional Standards (COPS), a grievance committee.
The five-judge panel found that DiStefano was guilty of converting funds he received on behalf of clients and using the funds for personal purposes, that he commingled personal funds with funds of his clients, failed to deposit funds into an interest bearing account for the benefit of his clients and third parties, failed to promptly remit client property, attempted to mislead and deceive COPS and clients, failed to maintain complete records of his clients' funds, failed to produce bank records upon demand by COPS and failed to cooperate with the COPS investigation.
He had been suspended from practicing law in August by the court, pending final consideration of the disciplinary charges, finding that DiStefano had engaged in "professional misconduct immediately threatening the public interest".
Due to a loophole in the law that says that town justices do not have to be attorneys, DiStefano remained on the bench and could have continued until his term ended in December but he resigned last month.
In mitigation to the charges, DiStefano, who was represented by attorney E. Stewart Jones, said that he had returned all of the client moneys he converted. He submitted numerous letters from clients and attorneys extolling his character and his reputation as an attorney and former town justice. He expressed remorse for his misconduct and cited various personal issues during the related period.
COPS cited DiStefano's disciplinary record which includes two private letters of caution by COPS in 2001, a public censure by state Supreme Court in 2003 and a reciprocal censure by the state Commission on Judicial Conduct in 2004.
10-20-05
© 2005 North
Country Gazette
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