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IN THE MATTER OF J. NICHOLAS SULLIVAN
CLERK-MAGISTRATE, NEWBURYPORT DISTRICT COURT
Boston—The
Supreme Judicial Court's Committee on Professional Responsibility
for Clerks of the Courts today announced the terms of a disciplinary
action imposed on J. Nicholas Sullivan, Clerk-Magistrate of
the Newburyport District Court.
Following
the Committee's receipt of allegations against Mr. Sullivan
regarding the conduct of his duties as Clerk-Magistrate, the
Committee initiated an investigation. The Supreme Judicial
Court appointed Robert L. Ullmann, Esq., of the Boston law
firm Nutter, McClennen & Fish, LLP, as Special Counsel
to assist the Committee. Mr. Ullmann's investigation resulted
in a report to the Committee that addressed the allegations
against Mr. Sullivan.
Based
on Special Counsel's report, the Committee concluded that
between 1993 and 1998, Mr. Sullivan violated the Code of Professional
Responsibility for Clerks of the Courts (the "Code") with
regard to his disposition of numerous civil motor vehicle
citation hearings that he conducted as Clerk-Magistrate. In
particular, the Committee concluded that Mr. Sullivan was
improperly influenced by requests for special treatment made
by Mr. Ronald D'Arcangelo, who served as the Newburyport District
Court Chief of Probation from 1994 through 1998, and who previously
served as a probation officer of that court. On at least nine
occasions between 1993 and 1998, Mr. D'Arcangelo wrote requests
for "consideration" on post-it notes he attached to the court
copies of the motor vehicle citation files before the files
went to Mr. Sullivan for a Magistrate's hearing. On each such
occasion, the motorist was either a relative or friend of
Mr. D'Arcangelo. On each such occasion, Mr. Sullivan observed
Mr. D'Arcangelo's note, understood that Mr. D'Arcangelo was
requesting special treatment and issued findings of "not responsible,"
the statutory term for an acquittal. Each citation had potential
fines of between $35 and $100, plus accompanying insurance
premium surcharges.
Mr.
Sullivan has acknowledged that he failed to report Mr. D'Arcangelo's
misconduct to the appropriate authorities. Mr. Sullivan has
further acknowledged that his conduct violated Canon 2, Canon
3(A)(1), Canon 3(B) and Canon 4(A) of the Code, that
his conduct was prejudicial to the administration of justice
and to the preservation of public confidence in the integrity
and impartiality of the courts, in particular the Newburyport
District Court, and that his conduct brings the office of
Clerk-Magistrate into dispute.
Based
upon the Committee's findings, and his own acknowledgment
of misconduct, Mr. Sullivan has agreed to the imposition of
a six-month suspension, without pay, from all duties as Clerk-Magistrate,
including bail matters, from October 20, 2000 through April
20, 2001. During this period of suspension, Mr. Sullivan will
absent himself from the premises of the Newburyport District
Court and will not participate directly or indirectly in any
matters before that court. In addition, Mr. Sullivan will
not conduct civil motor vehicle violation hearings until so
authorized by the Chief Justice of the District Court Department.
Mr.
Sullivan was suspended by District Court Chief Justice Samuel
E. Zoll beginning in January, 1999, in connection with the
pending matter. This is the first disciplinary action by the
Committee against Mr. Sullivan.
The
Committee on Professional Responsibility for Clerks of the
Courts, established by Supreme Judicial Court Rule 3:13 in
1990, has authority to investigate complaints against both
elected and appointed clerks relative to alleged violations
of the Code of Professional Responsibility for Clerks of the
Courts, codified as Supreme Judicial Court Rule 3:12.
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