Opinion
Docket No. DRB 14-298
11-24-2014
Re: In the Matter of Andrew Kevin Murray
BONNIE C. FROST, ESQ., CHAIR EDNA Y. BAUGB, ESQ., VICE-CHAIR BRUCE W. CLARK, ESQ. HON. MAURICE J. GALLIPOLI THOMAS J. HOBERMAN EILEEN RIVERA ANNE C. SINGER, ESQ. MORRIS YAMNER, ESQ. ROBERT C. ZMIRICH ELLEN A. BRODSKY CHIEF COUNSSL ISABEL FRANK DEPUTY CHIEF 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. BAUGB, ESQ., VICE-CHAIR
BRUCE W. CLARK, ESQ.
HON. MAURICE J. GALLIPOLI
THOMAS J. HOBERMAN
EILEEN RIVERA
ANNE C. SINGER, ESQ.
MORRIS YAMNER, ESQ.
ROBERT C. ZMIRICH
ELLEN A. BRODSKY
CHIEF COUNSSL
ISABEL FRANK
DEPUTY CHIEF COUNSEL
TIMOTHY M. ELLIS
LILLIAN LEWIN
BARRY R. PETERSEN JR.
COLIN T. TAMS
KATHRYN ANNE WINTERLE
ASSISTANT COUNSEL
RICHARD J. HUGHES JUSTICE COMPLEX
Mark Weary, Clerk
Supreme Court of New Jersey
Richard J. Hughes Justice Complex
P. O. Box 970
Trenton, New Jersey 08625
District Docket No. XIV-2013-0178E Dear Mr. Neary:
The Disciplinary Review Board reviewed the motion for discipline by consent (reprimand or such lesser discipline as the Board deems warranted), filed by the Office of Attorney Ethics (OAE), pursuant to R. 1:20-10(b)(1). Following a review of the record, the Board determined that a reprimand is the appropriate discipline for respondent's stipulated violation of RPC 1.15(d) (failure to comply with the recordkeeping requirements of R. 1:21-6).
Specifically, respondent was the subject of a random audit, on August 24, 2011, about a month after he had received an admonition for the negligent misappropriation of client funds caused by his failure to reconcile his attorney trust account on a monthly basis, violations of RPC 1.15(a) and RPC 1.15(d). In the Matter of Andrew Kevin Murray, DRB 11-145 (July 25, 2011). The August 2011 random audit disclosed that, notwithstanding the admonition, respondent still was not reconciling his attorney trust account. In addition, the audit uncovered inactive trust ledger balances and other unspecified recordkeeping violations.
In October 2011, respondent assured the OAE that he had "begun the process of creating and maintaining a schedule of clients' ledger accounts and will reconcile with bank statement monthly." Nevertheless, at a follow-up review, conducted sometime after April 24, 2013, respondent failed to produce three-way trust account reconciliations (as required by (R. 1:21-6(c)(1)(H)) and fully descriptive client ledger cards (as required by 1:21-6(c)(1)(B)).
At another demand audit, on July 31, 2013, respondent admitted that he had not prepared the three-way reconciliations during the past year, in addition to "the other supporting documentation" requested by the OAE, as part of the demand audit, because he was not sure how to prepare the documents. Respondent did not provide fully-compliant records to the OAE until January 17, 2014.
For respondent's repeated failure to bring his recordkeeping practices into compliance with 1:21-6, for a period of two-and-a-half years after the July 2011 admonition, the Board determined to impose a reprimand. See, e.g., In re Colby, 193 N.J. 484 (2008) (reprimand; although the attorney's recordkeeping irregularities did not cause a negligent misappropriation of client funds, he had received a prior reprimand for the same violations and for negligent misappropriation as well).
Enclosed are the following documents:
1. Notice of motion for discipline by consent, dated September 17, 2014;
2. Stipulation of discipline by consent, dated September 17, 2014;
3. Affidavit of consent, dated September 15, 2014;
4. Ethics history, dated November 24, 2014.
Very truly yours,
/s/
Ellen A. Brodsky
Chief Counsel
EAB/lg
Enclosures
c: Bonnie C. Frost, Chair (via email; w/o encl.)
Disciplinary Review Board
Charles Centinaro, Director (w/o encl.)
Office of Attorney Ethics
Michael J. Sweeney, First Assistant Ethics Counsel (w/o encl.)
Office of Attorney Ethics
Andrew Kevin Murray, Esq. (w/o encl.)
D-34 September Term 2014
075247
IN THE MATTER OF ANDREW K. MURRAY, AN ATTORNEY AT LAW (Attorney No. 030461995)
ORDER
This matter have been duly presented to the Court pursuant to Rule 1:20-10(b), following the granting of a motion for discipline by consent in DRB 14-298 of ANDREW K. MURRAY of POMPTON PLAINS, who was admitted to the bar of this State in 1995;
And the Office of Attorney Ethics and respondent having signed a stipulation of discipline by consent in which it was agreed that respondent violated RPC 1.15(d)(failure to comply with the recordkeeping requirements of Rule 1:21-6);
And the parties having agreed that respondent's conduct violated RPC 1.15(d), and that said conduct warrants a reprimand or lesser discipline;
And the Disciplinary Review Board having determined that a reprimand is the appropriate discipline for respondent's unethical conduct and having granted the motion for discipline by consent in District Docket No. XIV-2013-0178E;
And the Disciplinary Review Board having submitted the record of the proceedings to the Clerk of the Supreme Court for the entry of an order of discipline in accordance with Rule 1:20-16(e);
And good cause appearing;
It is ORDERED that ANDREW K. MURRAY of POMPTON PLAINS is hereby reprimanded; and it is further
ORDERED that the entire record of this matter be made a permanent part of respondent's file as an attorney at law of this State; and it is further
ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter, as provided in Rule 1:20-17.
WITNESS, the Honorable Stuart Rabner, Chief Justice, at Trenton, this 5th day of December, 2014.
/s/
CLERK OF THE SUPREME COURT
The foregoing is a true copy of the originai on file in my office.
/s/
CLERK OF THE SUPREME COURT OF NEW JERSEY