In re Ruggiero

In re Ruggiero (2005-002); 177 Vt. 622; 869 A.2d 117

2005 VT 10

[Filed 05-Jan-2005]

                                 ENTRY ORDER

                                 2005 VT 10

                      SUPREME COURT DOCKET NO. 2005-002
  	
                             JANUARY TERM, 2005


  In re John M. Ruggiero, Esq.	       }       Original Jurisdiction
                                       }
                                       }       Professional Responsibility Board
       	                               }	
                                       }	
  	                               }
                                       }	PRB No. 2005.130



             In the above-entitled cause, the Clerk will enter:

       The respondent, John M. Ruggiero, is a lawyer licensed to practice law
  in the State of Vermont. Disciplinary Counsel and respondent have
  stipulated that the Court may suspend respondent's license to practice law
  on an interim basis pending the final disposition of disciplinary counsel's
  investigation and any resulting disciplinary proceedings. Having reviewed
  the parties' filings, the Court concludes that they sufficiently establish
  that respondent has violated the Vermont Rules of Professional Conduct and
  presently poses a substantial threat of harm to the public.  Therefore,
  pursuant to Rule 18(B) of Administrative Order 9, and based on the parties'
  stipulation, the Court ORDERS:

    1.    That respondent's license to practice law is immediately
    suspended on an interim basis pending the final disposition of
    disciplinary counsel's investigation and any disciplinary
    proceedings resulting therefrom;

    2. That respondent shall comply with all of the provisions of Rule
    23 of Administrative Order 9;

    3.    That by January 10, 2005, respondent shall provide Teresa P.
    DeYoung, through her attorney James Dumont, with a full accounting
    of all funds that he has received from the Estate of Betty DeYoung
    on behalf of the children of Teresa P. DeYoung;

    4.   That respondent shall not transfer or cause to be
    transferred, withdraw or cause to be withdrawn, or take any other
    action that affects client funds in the trust, escrow, and bank
    accounts maintained by respondent without the express approval of
    a Court of the State of Vermont, with advance notice to
    disciplinary counsel;
   
    5.  That respondent shall provide disciplinary counsel with the
    names and addresses of all current clients no later than January
    10, 2005;

    6.   That respondent shall submit to a full financial audit of his
    firm's operating, trust, escrow, closing and bank accounts. Said
    audit shall be conducted by a Certified Public Accountant chosen
    by disciplinary counsel;

    7.  That attorneys John Kennelly and John Webber are appointed to
    protect the interests, financial and otherwise, of respondent's
    clients.




                                       FOR THE COURT:


                                       _______________________________________
                                       Paul L. Reiber, Chief Justice

                                       _______________________________________
                                       John A. Dooley, Associate Justice

                                       _______________________________________
                                       Denise R. Johnson, Associate Justice

                                       _______________________________________
                                       Marilyn S. Skoglund, Associate Justice