Opinion
Docket No. DRB 15-079
05-27-2015
Re: In the Matter of Annette P. Alfano
ELLEN A. BRODSKY CHIEF COUNSEL MELISSA URBAN FIRST ASSISTANT COUNSEL TIMOTHY M. ELLIS LILLIAN LEWIN BARRY R. PETERSEN JR. COLIN T. TAMS KATHRYN ANNE WINTERLE ASSISTANT COUNSEL
BONNIE C. FROST, ESQ., CHAIR
EDNA Y. BAUGH, ESQ., VICE-CHAIR
BRUCE W. CLARK, ESQ.
HON MAURICE J. GALLIPOLI
THOMAS J. HOBERMAN
EILEEN RIVERA
ANNE C. SINGER, ESQ.
ROBERT C. ZMIRICH ELLEN A. BRODSKY
CHIEF COUNSEL MELISSA URBAN
FIRST ASSISTANT COUNSEL TIMOTHY M. ELLIS
LILLIAN LEWIN
BARRY R. PETERSEN JR.
COLIN T. TAMS
KATHRYN ANNE WINTERLE
ASSISTANT COUNSEL
RICHARD J. HUGHES JUSTICE COMPLEX
VIA CERTIFIED MAIL , R.R.R. & REGULAR MAIL
Annette P. Alfano, Esq.
1030 Route 202 South
Branchburg, New Jersey 08876 District Docket No. XIV-2013-0210E
LETTER OF ADMONITION Dear Ms. Alfano:
The Disciplinary Review Board has reviewed the motion for discipline by consent (admonition) filed by the Office of Attorney Ethics in the above-captioned matter, pursuant to R. 1:20-10. Following a review of the record, the Board determined to grant the motion and to impose an admonition.
Specifically, on June 23 and August 30, 2010, you improperly released escrow funds that had been entrusted to you by third parties in connection with a cancelled real estate transaction. You disbursed these funds based on your former client's instructions alone and should not have done so without the express authorization of the parties who had escrowed the funds. Your conduct was unethical and in violation of RPC 1.15(a).
In imposing only an admonition, the Board took into account that your misconduct was not motivated by personal gain, that you had placed a great deal of trust in your former client, and that your disciplinary history was previously unblemished.
Your conduct has adversely reflected not only upon you as an attorney but also upon all members of the bar. Accordingly, the Board has directed the issuance of this admonition to you. R. 1:20-15(f)(4).
A permanent record of this occurrence has been filed with the Clerk of the Supreme Court and the Board's office. Should you become the subject of any further discipline, it will be taken into consideration.
The Board has also directed that the costs of the disciplinary proceedings be assessed against you. An invoice of costs will be forwarded under separate cover.
Very truly yours,
/s/
Ellen A. Brodsky
Chief Counsel c: Chief Justice Stuart Rabner
Associate Justices
Bonnie C. Frost, Chair (via email)
Disciplinary Review Board
Mark Neary, Clerk
Supreme Court of New Jersey
Gail G. Haney, Deputy Clerk
Supreme Court of New Jersey (w/ethics history)
Charles Centinaro, Director (via email)
Office of Attorney Ethics
Carlos Gomes, Grievant