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David C. Newton (2024)
violated his duties to the public and the legal profession. His mental state was either knowingly As is established in the ADO Memorandum on Sanction, the Respondent's conduct
Sanctions and New Hampshire precedent, the Respondent's misconduct warrants disbarment. 8.4(c) (dishonesty and fraud). Considering both the ABA Standards for Imposing Lawyer violated Rules 8.1(a) (false statements), 8.1(b) (responses to the disciplinary authority), and Pursuant to the New Hampshire Rules of Professional Conduct, the Respondent's conduct
gambling under oath. discipline authorities about whether he continued to gamble, including when testifying about his part ners. During the investigation of the misconduct, the Respondent initially lied to the attorney which he was a partner. The Respondent repaid the stolen funds when confronted by his T o summarize, the Respondent was found to have stolen $20,000 from the law firm at
disbarred. Upon such review, the Committee recommends to the Supreme Court that the Respondent be discipline" in New Hampshire; and the Attorney Discipline Office's Memorandum on Sanction. Order, finding that the Respondent's misconduct "would warrant substantially more serious from the practice of law for t wo years; the New Hampshire Supreme Court's June 25, 2024 the Supreme Judicial Court of the Commonwealth of Massachusetts, suspending the Respondent the Judgment of Order of Term Suspension and accompanying Memorandum of Decision from reciprocal discipline for the Respondent's Massachusetts misconduct. The Committee reviewed On August 20, 2024, the Professional Conduct Committee deliberated the issue of
ORDER
In Case No. LD - 2024 - 0003, In the Matter of David C. Newton, Esquire
SUPREME COURT
THE STATE OF NEW HAMPSHIRE
*non - lawyer member
*Peter J. Kiriakoutsos *Everett S. Grass Trudy Renfors, Admin. Asst. Richard C. Gagliuso, Esq. Eric R. Wilson, Esq. *Ronald K. Ace Mitchell M. Simon, Esq. Caroline K. Leonard, Esq., Vice Chair. Robin D. Melone, Esq. * Kath l een M. Ames, Vice Chair Karyl R. Martin, Esq. Stephanie C. Hausman, Esq., Chair Robert R. Lucic, Esq.
603 - 224 - 5828 Fax 228 - 9511 Concord, New Hampshire 03301 4 Chenell Drive, Suite 102 a committee of the attorney discipline system Professional Conduct Committee New Hampshire Supreme Court David C. Newton (via U.S. Mail: 83 Old Bridge Street, Pelham, NH 03076 Andrea Q. Labonte, Esq., Assistant General Counsel cc: Mark P. Cornell Esq. Deputy General Counsel
Stephanie C. Hausman, Chair DATED: September 3, 2024 ____ /s/ Stephanie C. Hausman
Respondent be disbarred. For the foregoing reasons, the Committee recommends to the Supreme Court that the
and 8.1(b). Hampshire Supreme Court or the Committee, constituting independent violations of Rules 3.4(c) Case, 171 N.H. at 707. Additionally, the Respondent has not responded to the orders of the New profession than a lie, attorney misconduct involving dishonesty justifies disbarment." Salomon's repeatedly said, "[b]ecause no single transgression reflects more negatively on the legal N.H. 170 (2012) (disbarment based, in part, on violation of Rule 8.4(c)). As the Court has N.H. 694 (2019) (disbarment based, in part, on violation of Rule 8.4(c)); O'Meara's Case, 164 (2024) (disbarment based, in part, on violations of Rules 8.1(a) and 8.4(c)); Salomon's Case, 171 under New Hampshire precedent. See, e.g., In the Matter of Nadeau, 2024 N.H. LEXIS 71 The Respondent's theft and dishonesty are serious violations that warrant disbarment
The aggravating and mitigating factors do not warrant departing from this basel ine. profession. ABA Standards 5.11 and 7.1 set a baseline sanction for his conduct of disbarment. or intentional. H is conduct caused actual injury, both to his former law partners and to the legal
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