Scull, In re

CourtUnited States State Supreme Court (New Jersey)
Writing for the CourtPER CURIAM
Citation63 N.J. 108,305 A.2d 70
Decision Date21 May 1973
PartiesIn the Matter of Norman E. SCULL, an Attorney at Law.

Page 108

63 N.J. 108
305 A.2d 70
In the Matter of Norman E. SCULL, an Attorney at Law.
Supreme Court of New Jersey.
Argued April 24, 1973.
Decided May 21, 1973.

Page 109

Frederick C. Vonhof, Newark, for Essex County Ethics Committee.

Matthew P. Boylan, Newark, for respondent.

PER CURIAM.

This is a disciplinary proceeding. On May 15, 1972 an ethics complaint against respondent, Norman E. Scull, was filed with the Essex County Ethics Committee. Respondent, although served with the complaint, failed to answer the charge within time. Accordingly this Court issued its Order to Show Cause returnable June 30, 1972. Respondent filed a wholly inadequate answer on June 29th and when he appeared before this Court on June 30th he was granted leave to file a responsive answer. A hearing on the charge was held before the Committee on September 7, 1972.

On October 18, 1972 the Committee filed its presentment charging respondent with the improper use of funds deposited in his trust account. The funds in question represented the proceeds of a settlement of an automobile accident case. The Committee found that respondent deposited the money in his trust account, but failed to establish a separate controlled bank account containing the infant-plaintiff's share of the funds, as was required by the order of the court approving the settlement. Several months later after repeated demands by the infant-plaintiff's father, and following

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several[305 A.2d 71] requests from the Essex County Surrogate's Office, respondent forwarded to the Surrogate the funds belonging to the infant. The check and covering letter are dated May 11, 1972.

At the September 7, 1972 hearing before the Committee respondent admitted the diversion of these funds for his personal use, conceding that there had been a shortage of funds in his trust account following his receipt of the money. Examination of records produced by respondent as to his trust account prompted the Committee to make a further investigation into and examination of respondent's handling of other trust moneys.

A further hearing was held before the Committee on January 26, 1973 at which time numerous other diversions of trust funds to respondent's personal use were disclosed. These diversions occurred during the period September 1971 through August 1972. However, the Committee had great difficulty in reconciling or balancing the account since respondent did not maintain a ledger book of his trust account and...

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4 practice notes
  • Hornyak v. Great Atlantic & Pac. Tea Co.
    • United States
    • United States State Supreme Court (New Jersey)
    • May 21, 1973
    ...his activities were necessarily curbed by his continuing employment for the day. His hurried luncheon trip was not only work-connected but [305 A.2d 70] was much more intimately so than his trip home at the close of the day when his time was fully his own and his activities were no longer c......
  • Wyatt v. Metropolitan Maintenance Co.
    • United States
    • United States State Supreme Court (New Jersey)
    • July 25, 1977
    ...and work obligations to set it apart from his trip home at the end of the day. See Hornyak v. The Great Atlantic & Pacific Tea Co., 63 N.J. at 108, 305 A.2d 65. In addition, these relatively brief respites usually redound to the employer's benefit by enabling the employee to renew his work ......
  • Barone v. Harra
    • United States
    • United States State Supreme Court (New Jersey)
    • July 6, 1978
    ...* * * he would not have been subjected to the particular highway risks from which the accident on his return trip ensued." Id. at 108, 305 A.2d at 70. The Hornyak rule was elaborated in Wyatt v. Metropolitan Maintenance Co., 74 N.J. 167, 376 A.2d 1222 (1977). There Justice Pashman * * * (o)......
  • Proposed Rules Relating to Grievance Procedures, In re, No. 7111
    • United States
    • Supreme Court of New Hampshire
    • June 25, 1975
    ...v. Bar Association, 269 Md. 313, 305 A.2d 845 (1973), cert. denied, 414 U.S. 1065, 94 S.Ct. 572, 38 L.Ed.2d 470 (1973); see In re Scull, 63 N.J. 108, 305 A.2d 70 6. Rule 14, subd. E, first sentence, "may" instead of "shall". 7. It was suggested subsequent to the oral arguments that we add t......
4 cases
  • Hornyak v. Great Atlantic & Pac. Tea Co.
    • United States
    • United States State Supreme Court (New Jersey)
    • May 21, 1973
    ...his activities were necessarily curbed by his continuing employment for the day. His hurried luncheon trip was not only work-connected but [305 A.2d 70] was much more intimately so than his trip home at the close of the day when his time was fully his own and his activities were no longer c......
  • Wyatt v. Metropolitan Maintenance Co.
    • United States
    • United States State Supreme Court (New Jersey)
    • July 25, 1977
    ...and work obligations to set it apart from his trip home at the end of the day. See Hornyak v. The Great Atlantic & Pacific Tea Co., 63 N.J. at 108, 305 A.2d 65. In addition, these relatively brief respites usually redound to the employer's benefit by enabling the employee to renew his work ......
  • Barone v. Harra
    • United States
    • United States State Supreme Court (New Jersey)
    • July 6, 1978
    ...* * * he would not have been subjected to the particular highway risks from which the accident on his return trip ensued." Id. at 108, 305 A.2d at 70. The Hornyak rule was elaborated in Wyatt v. Metropolitan Maintenance Co., 74 N.J. 167, 376 A.2d 1222 (1977). There Justice Pashman * * * (o)......
  • Proposed Rules Relating to Grievance Procedures, In re, No. 7111
    • United States
    • Supreme Court of New Hampshire
    • June 25, 1975
    ...v. Bar Association, 269 Md. 313, 305 A.2d 845 (1973), cert. denied, 414 U.S. 1065, 94 S.Ct. 572, 38 L.Ed.2d 470 (1973); see In re Scull, 63 N.J. 108, 305 A.2d 70 6. Rule 14, subd. E, first sentence, "may" instead of "shall". 7. It was suggested subsequent to the oral arguments that we add t......

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