Opinion
Docket No. DRB 15-037
05-27-2015
Re: In the Matter of John Joseph Hutt
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 CERTIFIED MAIL , R.R.R. AND REGULAR MAIL
John Joseph Hutt, Esq.
1335 Tilton Road, P.O. BOX 687
Northfield, NJ 08225 District Docket No. XIV-2013-0299E
LETTER OF ADMONITION Dear Mr. Hutt:
The Disciplinary Review Board has reviewed the motion for discipline by consent (admonition) filed by the Office of Attorney Ethics (OAE) in the above 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 November 27, 2011, the grievant, Vincent J. Kuharick, retained you to represent him in a personal injury matter. After you settled his personal injury claim, you failed to resolve outstanding medical liens for more than one year, a violation of RPC 1.3. This lack of diligence, in turn, caused you to fail to promptly deliver funds to third parties, the medical providers and lienholders, a violation of RPC 1.15(b). Further, you failed to reply to inquiries from your client about the settlement of these liens, a violation of RPC 1.4(b).
In imposing only an admonition, the Board considered that you have no history of final discipline in sixteen years at the bar and that you cooperated with the OAE by readily admitting your wrongdoing and consenting to discipline.
Your conduct 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 EAB/lg
c: Chief Justice Stuart Rabner
Associate Justices
Bonnie C. Frost, Chair
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
Office of Attorney Ethics
Maureen G. Bauman, Deputy Ethics Counsel
Office of Attorney Ethics
Vincent J. Kuharick, Grievant