We find respondent's level of fraud, which transcended professions and jurisdictions, requires disbarment. Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. an interview should request so in advance. On June 5, 2001, the Disciplinary Board appointed a three-member hearing committee to hear respondent's case. In 1998, New Jersey attorney disciplinary authorities learned respondent was a former physician with a record of professional misconduct and discipline. 2037; amended February 21, 2003, effective February 22, 2003, 33 Pa.B. When considering employment with the Pennsylvania Courts, it is important to note that applicant screening and hiring is decentralized within the court system. Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. Rule 1.4. The Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. Office of Disciplinary Counsel v. Keller, 506 A.2d 872 (Pa. 1986). See comment to amended Pa.R.P.C. The Disciplinary Board, however, has recommended this Court not only disbar respondent, but immediately revoke his license to practice law; this would require respondent to reapply for the bar examination, pass the Board of Law Examiners' character and fitness evaluation, and pass the bar examination before being eligible to seek reinstatement following his five-year disbarment. No part of the information on this site may be reproduced for profit or sold for profit. The Disciplinary Board of the Supreme Court of Pennsylvania, Current through Register Vol. WebPennsylvania Rule of Disciplinary Enforcement ("Pa.R.D.E.") Box 61260Suite 1500Harrisburg, PA 17106, 601 Commonwealth Avenue Suite 1500 Harrisburg, PA 17120, 1515 Market Street Suite 1414 Philadelphia, PA 19102, 2023 The Unified Judicial System of Pennsylvania, Follow the Unified Judicial System on Twitter, INFORMATION ABOUT STATEWIDE COURT RESPONSE TO COVID-19. (a) A lawyer is subject to discipline if the lawyer has made a materially false statement in, or if the lawyer has deliberately failed to disclose a material fact requested See Pa.R.D.E. We continue to monitor developments regarding the spread of the coronavirus (COVID-19) and its impact on court operations. Minimum Qualifications: Id., at 165-66. affiliation, race, color, age, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or other non-merit While respondent concealed his deceit from the Board of Law Examiners initially, he will have to fully disclose and answer for all dishonesty and character issues should he seek reinstatement following disbarment. Info and Services. Review post-dismissal correspondence (including subsequent complaints) from complainants and conduct additional, investigation as necessary to recommend a course of action to Counsel-in-Charge. @/bL0D1r1. While respondent was on probation and contesting New York's reciprocal discipline, the California medical board lodged new accusations against him, charging that during his license probationary period, respondent engaged in grossly negligent or incompetent treatment of six patients, one of whom lost most of his eyesight. If you are interested in one of the positions below, contact that particular court. System. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. . Respondent lied to the Board of Law Examiners to bypass a proper evaluation of his character and fitness because he felt the truth might have barred him from sitting for the bar exam. No statutes or acts will be found at this website. This Court commented on the effect a lawyer's dishonesty and false swearing had on the legal profession: Grigsby, at 733 (citation omitted). However, I respectfully dissent from the portion of the Opinion that declines to follow the recommendation of the Disciplinary Board to revoke the license of Respondent to practice law. To Apply: If you wish to seek employment as a Law Clerk for a Common Pleas judge, write directly to the judge of interest or contact the district court administrator. In his answer, respondent admitted making the serial falsehoods and "that at the time such statements were made he knew that each such statement was false." Eligibility. Revocation of respondent's license has some allure, but there appears no direct support for such discipline in the Rules of Disciplinary Enforcement. A conflict of interest exists under Rule 1.7(a)(1) when the representation of one client is materially adverse to the interests of another client or where there is a significant risk that the representation of one client will be materially limited by the lawyer's responsibilities to another client as proscribed by Rule 1.7(a)(2). May utilize the assistance of staff (e.g. In November, 1999, respondent began seeing Dr. Gary Kramer, a licensed psychiatrist, who diagnosed respondent as suffering from multiple psychiatric disorders bipolar disorder, panic disorder, obsessive compulsive personality disorder, and depression. Web1. 39. 204 (types of discipline available). 418 0 obj <>stream Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. 215(d), and respectfully represent that: I. matter to trial counsel. Harrisburg, Pennsylvania, United States. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Ability to work effectively with supervisors and fellow employees. The Office of Disciplinary Counsel did not seek revocation of respondent's license to practice law. telephone notes, emails, or other documentation). Correspond and communicate with complainants to seek additional information regarding their complaints. Respondent conceded he made errors on the application, but attributed them to confusion; he alleged he thought he was to list only undergraduate schools and degrees, and claimed he did not list his medical disciplinary proceedings because he thought each had been dismissed and administratively expunged. Respondent represented Pennsylvania State University (Penn State) and three of its administrators during grand jury proceedings investigating matters relating to child abuse accusations against a former assistant football coach. For the reasons discussed below, we hold respondent's misconduct and continuous pattern of deceit and dishonesty warrants disbarment. Conduct 1.1 and 1.7 because she jointly represented individual clients and Penn State, and the respondent did not exhibit any understanding of the magnitude of the challenge that she was facing. Before CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ. Use this button to switch between dark and light mode. By way of mitigation, respondent offered the following explanation: "At the time, [he] was suffering under a severe disability resulting from an organic brain dysfunction caused by encephalitis, severe panic attacks and an undiagnosed Bipolar Disorder which medical condition was a causal factor in his actions." Office of Disciplinary Counsel v. Pozonsky, Office of Disciplinary Counsel v. Cappuccio, California Business and Professions Code 2261. facts or considerations. As directed, take additional action, Contact Us. "Whenever an attorney is dishonest, that purpose is served by disbarment." From 1970 to 1977, respondent attended Brown University and earned a medical degree. Pennsylvania including drafting correspondence and recommending whether to re-open a matter. Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that . (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices Ability to work effectively with supervisors and fellow employees. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research 0 At the hearing, respondent offered the following false testimony: Report and Recommendation of the Disciplinary Board, 3/18/04, at 9-10. Josh Shapiro, Governor Jennifer Selber, General Counsel. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of For The WebThe phone number and address are (406) 449-6577, P.O. 7, February 18, 2023. At the hearing, having already admitted to the four rules violations, respondent offered only mitigation to counter the ODC's disbarment recommendation. Perform other related duties and responsibilities as required and/or assigned. %%EOF WebThe Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. Ability to work without significant supervision. Id. Additionally, respondent falsely represented he lived in Delaware and worked for Kennard Lab Associates during the time he was actually working in California as a physician; Kennard Lab Associates has never been licensed to do business in Delaware and the address respondent provided for this business was fraudulent. Starting Salary Range: $64,988 87,629 No statutes or acts will be found at this website. By order dated December 4, 2001, the New Jersey Supreme Court found respondent had violated two rules of professional conduct and revoked his license to practice law; he was barred from seeking readmission for two years. In light of the falsehoods and material omissions that riddled Respondent's application to sit for the bar examination, it is patently obvious that the Board of Law Examiners did not have a full and fair opportunity to determine whether he should have been admitted as an attorney in the first instance. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 0 Knowledge of state and federal laws, particularly in regard to disciplinary administration. WebThe Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that investigates and prosecutes complaints of More comparison features will be added as we have more versions to compare. Hearing, 5/8/02, at 146. Applicants who need accommodation for 601 Commonwealth AvenueP.O. Eventually, respondent conceded at the hearing he made the above misrepresentations because he had spent three years in law school and was afraid if he revealed his past and was denied permission to sit for the bar exam, he would lose those three years of his life. Report of Hearing Committee 1.03, 6/10/03, at 21-22. Jun 2021 - Present1 year 10 months. Justice NEWMAN, Concurring and Dissenting Opinion. In Czmus, our Court disbarred an attorney who willfully concealed the fact that he had previously worked as a physician and committed acts of serious malpractice which led to his medical license revocation, as well as falsified his work history on his applications to the bar of both Pennsylvania and New Jersey. In October, 1986, the California Attorney General commenced a disciplinary action against respondent as a result of the false certificates submitted to the two Glendale hospitals. The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political 1812; amended November 20, 2009, effective November 21, 2009, 39 Pa.B. Make your practice more effective and efficient with Casetexts legal research suite. System. Here, this Court will not reward respondent with the presumption of reinstatement after five years since his admittance to the bar was predicated on fraudulent precepts in the first instance. endstream endobj startxref . Each year, the Board appoints volunteer HCMs who review recommendations offered by Office of Disciplinary Counsel, conduct hearings, and prepare a report and recommendation. Respondent's Pennsylvania bar application contained the following verification whereby he attested, under penalty of perjury, that his submission contained no omissions or falsehoods: Application for Admission to the Bar of the Commonwealth of Pennsylvania, 4/9/95, at 5. Appeal from the Pennsylvania Office of Disciplinary Counsel. A grievance against an attorney must be submitted in writing, unless prior approval is received in special circumstances. "Despite the mitigation evidence presented, [r]espondent's actions are too egregious to permit a recommendation of less than disbarment." By order of the Supreme Court of Pennsylvania, the general statewide judicial emergency declared and maintained in previous Court Orders of March 16, March 18, March 24, April 1 and April 28 ceased as of June 1, 2020. 7348 (November 26, 2022). Agency Chief Counsel. changes effective through 52 Pa.B. . Id., at 896. Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. 5156; amended May 22, 2015, effective immediately, 45 Pa.B. About eight months later, respondent amended his answer, correcting some of the falsehoods but still fabricating some of his history. 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