Disbarred lawyer faces deadline
Granted 24 more hours to explain her actions, comply with judge’s orders
A divorce lawyer who was disbarred for making alleged antisemitic claims about a conspiracy to control the state court system has one more day to explain why she has not complied with instructions concerning the closing of her law practice and why she withdrew $30,000 from a client account for her own alleged use after the judge told her not to do so.
Nickola Cunha, who is being represented by attorney Norm Pattis, did not show up to a hearing scheduled for 10 a.m. Wednesday before Judge Thomas Moukawsher and did not comply with court instructions on Thursday.
The judge had issued a capias order to take effect at 3 p.m. Thursday — meaning she had until 3 p.m. to comply — but on Thursday filed a 24-hour extension, according to court records.
Now, if Cunha doesn’t comply by 3 p.m. Friday, she can be brought into court by marshals, according to court officials.
Her attorney, Pattis, did not return requests for comment on Thursday.
Moukawsher wrote in a recent decision that “the court concludes that clear and convincing evidence shows that Ms. Cunha was unequivocally ordered not to take her clients’ money, knew about the order and willfully took it anyway.”
“She had a motive to take it, too. Shortly after taking the money, she hired an attorney.
She certainly needs one,” he wrote.
Cunha was disbarred in January for the maximum, allowable period of five years for persisting in asserting antisemitic claims about a judicial conspiracy. Moukawsher ordered Cunha to pay a $1,000 contempt fine for ignoring his orders. A trustee was appointed to close her law practice and the judicial branch’s chief disciplinary officer is looking into what happened to the $30,000 and other client funds that are supposed to be held in trust.
“Still, the court isn’t ready to conclude Ms. Cunha stole her clients’ money. The trustee and the chief disciplinary counsel aren’t asking the court to do this just yet. Instead, the chief disciplinary counsel requested, and the court orders, an audit of Ms. Cunha’s dealing with her clients’ funds in general and the $30,000 in particular.”
“One purpose of the audit is to direct the chief disciplinary counsel — in cooperation with the trustee — to determine if Ms. Cunha stole her client’s $30,000. If she did, she will be in a lot more trouble,” the judge wrote in his ruling.
In addition to ordering Cunha not to withdraw money for her client trust accounts, Moukawsher ordered her to deliver to a trustee appointed to close her firm detailed information about clients, pending cases and billings as well as a list of all client accounts. She was specifically instructed not to withdraw or transfer client funds.
“If she hasn’t provided the information sought before the hearing, the court will consider other steps to ensure compliance, including possible additional monetary sanctions, incarceration to secure compliance, or both,” Moukawsher wrote in a decision.
“Still, the court isn’t ready to conclude Ms. Cunha stole her clients’ money. The trustee and the chief disciplinary counsel aren’t asking the court to do this just yet. Instead, the chief disciplinary counsel requested, and the court orders, an audit of Ms. Cunha’s dealing with her clients’ funds in general and the $30,000 in particular. The audit is to be completed and a report filed with the court no later than August 1, 2022. The chief disciplinary counsel is authorized in conducting the audit to subpoena any necessary witnesses and documents and to take depositions,” he wrote.
Cunha said through her attorney during an earlier court appearance that Moukawsher cannot sanction her because the court lost jurisdiction over her the moment she was disbarred. Moukawsher also said in a written decision she has been inconsistent and “incredible” in explaining whether she understood she was not to withdraw client funds.
Cunha is appealing the disbarment.
In a written decision in January, Moukawsher said he was taking the unusual step of disbarring Cunha because of her behavior in behalf of a client in a bitter and protracted divorce, behavior that the judge said involved “empty and malicious” claims of abuse and antisemitic declarations to win an advantage for her client by “snarling the case into an un-triable mess.”
Until Moukawsher’s ruling, Cunha, who has offices in Hamden, had practiced law since 1999. The divorce case involved a couple with children that has entered its third year, generated enormous fees for lawyers and various family relation’s trial professionals and captured the following of court regulars.
The case was referred to Moukawsher, who is assigned to preside over especially complex and contentious divorces, after Cunha accused the judge presiding over the divorce trial, Gerard I. Adelman, of bias against non-jews, bias against the disabled and other claims. When Cunha moved to disqualify Adelman, Moukawsher convened a hearing and told her to produce her proof.
According to Moukawsher’s decision, which reproduces portions of the transcript of the hearing, Cunha rambled for 30 pages or so. Cunha made claims against Adelman but had not produced anything that, in Moukawsher’s view, supported her assertions. Finally, Cunha expressed antisemitic and conspiracy claims, the decision says.
Cunha said she was relying on “the enormous amount of information and evidence that’s come to me” about the alleged conspiracy. Pressed by Moukawsher, she said, “when you start looking at the cases and you start looking at the professionals engaged in the cases, it is consistent and it supports that claim.” She said, “I have a list of cases ... So it’s a vicious circle.”
Moukawsher asked her to produce the list that would support her claim. Cunha rummaged through her computer put failed to produce one. A recess was called to allow her to search further. Finally, Cunha acknowledged she had no list.
“There — there is not, Judge,” Cunha said.
Cunha’s other allegations were dismissed after similar questioning.
— Judge Thomas Moukawsher writing in his ruling