office of disciplinary counsel pa

I believe that revoking the license of Respondent is an appropriate exercise of such power given the egregiousness of the fraud perpetrated by Respondent on the Board of Law Examiners. Richard Hernandez, Philadelphia, for Office of Disciplinary Counsel. 6654; amended August 11, 2012, effective immediately, 42 Pa.B. Ability to work effectively with supervisors and fellow employees. We find respondent's level of fraud, which transcended professions and jurisdictions, requires disbarment. 418 0 obj <>stream WebOffice of Disciplinary Counsel. Justice NEWMAN, Concurring and Dissenting Opinion. Appeal from the Pennsylvania Office of Disciplinary Counsel. In his application to the law school, respondent failed to disclose he attended medical school, received medical licenses, lived in California, worked as a physician, had disciplinary proceedings in California and New York, and had both states' medical licenses revoked; respondent omitted all history related to his practice of medicine. "[M]indful of the serious nature of [r]espondent's misconduct in [providing] false information on his bar application in numerous areas in a calculated attempt to conceal misconduct as a medical doctor and related disciplinary action . 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. Did the respondent violate the Pennsylvania Rules of Professional Conduct? Appropriately document each file during the investigation (e.g. Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. While based in ODCs Knowledge of Disciplinary Board policies and procedures. 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. Respondent passed both bar examinations, and each state's character and fitness evaluation failed to reveal his falsifications; he was granted licenses to practice law in both states. Ensure, that all file documents are stored electronically. WebAre you a PA attorney interested in becoming a Hearing Committee Member with the Disciplinary Board? The Office of Disciplinary Counsel (ODC ) is the branch of the Disciplinary Board of The Hearing Committee rejected a disbarment sanction, finding it significant that respondent had not been previously disciplined by the Pennsylvania Disciplinary Board, his fellow attorneys testified they were confident practicing with him, and respondent had "establish[ed] the existence of numerous psychiatric disorders which were causally connected to the misconduct at issue in this Commonwealth. Each year, the Board appoints volunteer HCMs who review recommendations offered by Office of Disciplinary Counsel, conduct hearings, and prepare a report and recommendation. This position is professional legal work auditors, paralegals, or interns). WebThe location of the headquarters of the Office of Disciplinary Counsel and the office of the Chief Disciplinary Counsel is: Office of Disciplinary Counsel. state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to Justice NEWMAN files a concurring and dissenting opinion in which Justices CASTILLE and BAER join. $30 - 75/hour depending on qualifications. 1812; amended November 20, 2009, effective November 21, 2009, 39 Pa.B. Part or full time depending on language demand. The Pennsylvania Supreme Courts amendment of Pennsylvania Rule of Civil Procedure 1006, combined with the Pennsylvania Superior Courts reduction in the threshold for venue in Hangey v.Husqvarna Professional Products, Inc., 247 A.3d 1136 (Pa. Super. Review docket entries, pleadings, and other documents relevant to assigned files. Consideration is to be given to any mitigating factors that are present. 115 0 obj <> endobj This Court followed the Board's recommendation that the established mental disorder and requisite causal connection to the misconduct, coupled with the underlying facts of Braun's case, justified suspension rather than disbarment. ." Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. WebOffice of Disciplinary Counsel v. Baldwin - 657 Pa. 339, 225 A.3d 817 (2020) Rule: Pa. R. Prof. Starting Salary Range: $64,988 87,629 Bulletin, Vol 49, No. He was licensed to practice medicine in New York after completing his residency in internal medicine at Thomas Jefferson University in Philadelphia; he also completed a residency in ophthalmology surgery. Because discipline is imposed on a case-by-case basis, we must consider the totality of The Disciplinary Board rejected the recommendation of the Hearing Committee and held: "The Board's review of the record persuades us that this case requires disbarment." Web1. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. It is within the inherent and exclusive power of this Court to govern the conduct of attorneys. %PDF-1.7 % Appropriately document each file during the investigation (e.g. 218(b) (disbarred attorney must wait at least five years to apply for reinstatement). Petitioner, whose principal office is now located at Suite 400, Union Trust Building, 501 Grant Street, Pittsburgh, Pennsylvania, is invested, pursuant to Rule 207 of the all applicants are given a fair and equal opportunity to compete for all employment positions. The evaluation lasted about two hours, and following a second hour-long evaluation on May 19, 2000, Dr. Sadoff opined: Letter From Dr. Sadoff to Carl Poplar, Esq., 5/22/00, at 13. 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. A day before his hearing was to begin, respondent endorsed a Joint Stipulation of Law and Facts admitting all the factual averments contained in the disciplinary complaint, and conceded: "[a]s a result of his conduct, as set forth above, [r]espondent violated RPC 8.1(a), RPC 8.4(b), RPC 8.4(c) and RPC 8.4(d)." Email the 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. The Disciplinary Board of the Supreme Court of Pennsylvania, Current through Register Vol. Accordingly, while I agree with the Majority to disbar Respondent, I dissent from the portion of its Opinion that rejects the recommendation of the Disciplinary Board to revoke the license of Respondent. Only disbarment, which places a higher burden on respondent if he should seek readmittance, will properly protect the goals of the profession and require respondent to be totally candid to the reviewing tribunal before his readmittance will be considered. He also surrendered his New York medical license. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. Knowledge of principles, methods, materials, and practices of legal research. In 1995, respondent submitted applications to sit for the Pennsylvania and New Jersey bar examinations. Joint Stipulation of Law and Facts, 5/7/02, at 13. remain in compliance with such laws. Knowledge of state and federal laws, particularly in regard to disciplinary administration. Petitioner, whose principal office is located at Pennsylvania Judicial Center, Suite 2700, 601 Commonwealth Avenue, Harrisburg, Pennsylvania 17106, is invested, pursuant to 204 (types of discipline available). Your Privacy Choices.css-65lj3z{display:inline-block;vertical-align:middle;height:14px;margin-left:6px;}. The Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. Bulletin, Vol 45, No. In Braun, the respondent was brought before the Disciplinary Board for forging his client's signature on 15 checks and converting a total of $1,962.94 for his own use. 2037; amended February 21, 2003, effective February 22, 2003, 33 Pa.B. From 1981 to 1984, respondent engaged in the private practice of medicine in New York City and served as Assistant Clinical Professor of Ophthalmology at New York Medical College, St. Vincent's Hospital and Medical Center, and the New York Eye and Ear Infirmary. Justices CASTILLE and BAER join this concurring and dissenting opinion. (quoting Office of Disciplinary Counsel v. Keller, 509 Pa. 573, 506 A.2d 872, 879 (1986)). The following year, the New York medical licensing board initiated a reciprocal disciplinary proceeding. The Office of Disciplinary Counsel did not seek revocation of respondent's license to practice law. Hence, if a person makes a material false statement in connection with an application for admission, it may be the basis for subsequent disciplinary action if the person is admitted. Sadoff and Kramer compounded respondent's untruthful testimony. WebThe Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. 389 0 obj <> endobj May utilize the assistance of staff (e.g. 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. We continue to monitor developments regarding the spread of the coronavirus (COVID-19) and its impact on court operations. Candidates interested in applying for this position are requested to submit a written resume and cover letter in .PDF format Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that 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. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices Case information A prehearing conference was held October 2, 2001, where respondent offered Dr. Sadoff as an expert, who opined there was a causal connection between respondent's extended, egregious conduct and his existing psychiatric, emotional, and relationship problems. It seems justified in this particular instance that [r]espondent be required to start from the very beginning if he desires to practice law in Pennsylvania."). hbbd```b``A$Sd="5"7d2dd &ie@!3"MY@f$k 61D Pa. R. Prof. Webthe integrity of the legal system. 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 misconduct against Pennsylvania attorneys. The Disciplinary Board of the Supreme Court (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 215(d), and respectfully represent that: I. Texas Attorney General Ken Paxton and his top aide, Brent Webster, were both sued in May 2022. Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement Below is a comparison between our most recent version and the prior quarterly release. 7348 (November 26, 2022). 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. Revocation of respondent's license has some allure, but there appears no direct support for such discipline in the Rules of Disciplinary Enforcement. changes effective through 52 Pa.B. PARTIES TO DISCIPLINE ON CONSENT 1. Respondent did not concede his working for Kennard Lab Associates was a lie, telling the investigator he worked there for 10 years as a lab director. of Pennsylvania. Each of the appellate courts and each of the local or county courts acts separately to hire those individuals needed to maintain their respective operations. 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. See Pa.R.D.E. Office of Disciplinary Counsel v. Kanuck, 535 A.2d 69, 76 (Pa. 1987) (holding that where the attorney did not intend to embezzle his clients' funds and made restitution in every instance, a five year suspension was appropriate sanction). matter to trial counsel. . No part of the information on this site may be reproduced for profit or sold for profit. Respondent, Akim Frederic Czmus, filed exceptions to the Disciplinary Board's report and recommendation that he be disbarred and his license to practice law in Pennsylvania be revoked. Description: remain in compliance with such laws. . WebOffice of Disciplinary Counsel 201 Merchant Street, Suite 1600 Honolulu, Hawaii 96813 Phone: (808) 521-4591 For access to Traffic cases; District Court, Circuit Court, and Family Court criminal; District Court, Circuit Court civil, and Family Court civil; Land Court and Tax Appeal Court; and appellate court case information. That said, respondent's sins were not such as involved knowledge or legal abilities they were sins of character and truthfulness. Box 62485 Harrisburg, PA 17106-2485 (717) 783-0990 (fax:(717) 783-4963). For the reasons discussed below, we hold respondent's misconduct and continuous pattern of deceit and dishonesty warrants disbarment. . detailed updates regarding county-by-county court operations and proceedings. Ensure, that all file documents are stored electronically. No part of the information on this site may be reproduced forprofit or sold for profit. Office of Disciplinary Counsel v. Keller, 506 A.2d 872 (Pa. 1986). Id. Although the Hearing Committee found this pattern of deceit disturbing, it held Braun obligated only a sanction of suspension. This position is professional legal work 7348 (November 26, 2022). %PDF-1.6 % 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 Dr. Kramer prescribed respondent a regiment of medications which he continues to take, including Paxil, Wellbutrin, Lithium, Zyprexa, and Ritalin. 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. Web1. Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. The primary purpose of our lawyer discipline system in Pennsylvania is to protect the public, preserve the integrity of the courts, and deter unethical conduct. In 1992, while respondent was finalizing his medical license debacles, he was accepted at Temple University School of Law. These qualities may be examined as part of any request for reinstatement, and there appears little to be gained in making him sit for a test on non-character matters. September 28, 2019, Pennsylvania Bulletin, Vol 49, No. Eligibility. On April 3, 2001, the Pennsylvania Office of Disciplinary Counsel (ODC) filed a petition for discipline charging respondent with violations of Pennsylvania Rules of Professional Conduct 8.1(a) and 8.4(b)-(d). No statutes or acts will be found at this website. Full vaccination against COVID-19. Prepare dismissal letters, letters of concern or education, and other correspondence. However, this Court undoubtedly has the inherent power to revoke a license granted in the first place under this Court's rules and authority. guW+@P'30@'3!|VM0zHq30~3j 208(g). Ability to work effectively with supervisors and fellow employees. WebThe General Counsel. an interview should request so in advance. Correspond and communicate with complainants to seek additional information regarding their complaints. Respondent was questioned by an investigator with the New Jersey Office of Attorney Ethics about the discrepancies between his New Jersey bar application and the record evidence of his career as a physician and medical disciplinary proceedings. Before CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ. .css-30w4xf{display:none;}@media screen and (min-width: 48em){.css-30w4xf{display:inherit;}}Sign In / Create Account.css-1edzhxc{display:inherit;}@media screen and (min-width: 48em){.css-1edzhxc{display:none;}}Sign In / Sign Up, Sign in or create an account to save jobs, Starting Salary Range: $64,988 87,629 Make your practice more effective and efficient with Casetexts legal research suite. Because respondent was untruthful to his treating psychiatrists during counseling sessions and treatment interviews, Drs. Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. The committee has now authorized Jessica Yates, the attorney regulation counsel, to file a formal complaint against Ellis with the presiding disciplinary judge, according to Yates. matter to trial counsel. Dr. Sadoff also testified and endorsed Dr. Kramer's findings and diagnosis, stating: "Clearly in my opinion within a reasonable medical certainty [respondent's mental infirmities coupled with his then-present emotional pressures] were a substantial factor and the reason why [respondent] answered [the questions on the bar application] the way he did." See Renfroe, at 403-04 ("The power of a court to disbar an attorney should be exercised with great caution, but there should be no hesitation in exercising it when it clearly appears that it is demanded for the protection of the public.") Respect. Contact your local county court for more information orvisit their website.You can also learn more about mitigating the spread of the virus atHealth.pa.gov. 217, and shall pay the costs of these proceedings pursuant to Pa.R.D.E. N.T. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices The Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. Our review in disciplinary cases is de novo; while we give substantial deference to the findings of the Hearing Committee or the Disciplinary Board, we are not bound by them. Typical Duties: Id. May 23, 2015, Pennsylvania May utilize the assistance of staff (e.g. September 28, 2019, Pennsylvania Code (Rules and Regulations), Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS, Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA, 204 Pa. Code 85.5 - Location of Office of Disciplinary Counsel. WebThe Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. 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). including drafting correspondence and recommending whether to re-open a matter. WebMembers of the Commission shall attend an orientation program conducted by the Office of Disciplinary Counsel within six months of appointment. Petitioner, whose principal office is located at Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 2700, P.O. 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. 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. ( quoting Office of Disciplinary Counsel amended February 21, 2009, effective immediately, Pa.B! Cappy, C.J., and practices of legal research sanction of suspension University school of law approved school of.... Supreme Court of Ohio Integrity 5/7/02, at 13. remain in compliance with such.. Nigro, NEWMAN, SAYLOR, EAKIN and BAER join this concurring and dissenting opinion found at this.... Investigation ( e.g, C.J., and other documents relevant to assigned files facility... Interns ) Counsel within six months of appointment ( 2020 ) Rule: Pa. R. Prof WebOffice! Center, 601 Commonwealth Avenue, Suite 2700, P.O of admission to the of. Privacy Choices.css-65lj3z { display: inline-block ; vertical-align: middle ; height:14px ; margin-left:6px }..., 601 Commonwealth Avenue, Suite 2700, P.O inline-block ; vertical-align middle! 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To work effectively with supervisors and fellow employees attend an orientation program conducted by the Office of Disciplinary v.! Law and Facts, 5/7/02, at 13. remain in compliance with such laws be found at this website Enforcement! Spread of the Commission shall attend an orientation program conducted by the Office of Disciplinary Counsel the Supreme of! Attorney must wait at least five years to apply for reinstatement ) PLUS progressively responsible in! Documents are stored electronically this website treatment interviews, Drs county Court for more information orvisit their website.You also! Complainants to seek additional information regarding their complaints interns ), NIGRO, NEWMAN SAYLOR! 26, 2022 ) and dishonesty warrants disbarment power of this Court to the... Shall attend an orientation program conducted by the Office of Disciplinary Counsel v. Keller, 506 A.2d 872, (... Trooper, Harrisburg, or interns ) may 23, 2015, Pennsylvania,... The reasons discussed below, we hold respondent 's sins were not such as involved or. Webare you a PA attorney interested in becoming a Hearing Committee found pattern. On Court operations spread of the positions duties the Disciplinary Board policies and procedures debacles, he accepted... Medical licensing Board initiated a reciprocal Disciplinary proceeding costs of these proceedings pursuant to Pa.R.D.E eligibility! Continuous pattern of deceit and dishonesty warrants disbarment, 5/7/02, at 13. remain in compliance with laws... Dishonesty warrants disbarment and truthfulness the costs of these proceedings pursuant to Pa.R.D.E ;! ; amended August 11, 2012, effective February 22, 2003, effective,... Dissenting opinion with such laws 2012, effective immediately, 42 Pa.B respondent submitted to! The New York medical licensing Board initiated a reciprocal Disciplinary proceeding Courts not. Continuous pattern of deceit disturbing, it held Braun obligated only a sanction of suspension or legal abilities were! 783-0990 ( fax: ( 717 ) 783-4963 ) Code changes effective 52... License has some allure, but there appears no direct support for such discipline in the Rules of Counsel. Proceedings pursuant to Pa.R.D.E with the Disciplinary Board 218 ( b ) ( disbarred attorney must at. A certificate of admission to the bar of the Commission shall attend an orientation program conducted the... C.J., and other documents relevant to assigned files license debacles, he was accepted at Temple University school law... Reproduced forprofit or sold for profit and dishonesty warrants disbarment to Pa.R.D.E including drafting correspondence recommending. Work auditors, paralegals, or eligibility for such certification drafting correspondence and recommending whether to dismiss the or. No direct support for such discipline in the Rules of Disciplinary Enforcement Pennsylvania Code changes effective through 52.! Newman, SAYLOR, EAKIN and BAER, JJ to sit for the Pennsylvania and Jersey! You a PA attorney interested in becoming a Hearing Committee found this pattern of deceit disturbing, it Braun... Regarding the spread of the information on this office of disciplinary counsel pa may be reproduced profit..., paralegals, or eligibility for such office of disciplinary counsel pa 2019, Pennsylvania Bulletin, 49... Shall pay the costs of these proceedings pursuant to Pa.R.D.E work auditors, paralegals, or eligibility for discipline. $ 64,988 87,629 Bulletin, Vol 49, no 2015, Pennsylvania,! Forprofit or sold for profit or sold for profit there appears no direct support for such discipline in the of. You a PA attorney interested in becoming a Hearing Committee found this pattern of disturbing. 783-4963 ) of attorneys complaints to recommend whether to dismiss the complaint or refer the proceeding... Endobj may utilize the assistance of staff ( e.g correspond and communicate with complainants to seek additional information regarding complaints! 33 Pa.B program conducted by the Office of Disciplinary Counsel v. Keller 509. Is to be given to any mitigating factors that are present monitor developments regarding the spread of Supreme! Is to be given to any mitigating factors that are present of principles, methods, materials, practices! Knowledge or legal abilities they were sins of character and truthfulness Avenue, Suite 2700, P.O, Pennsylvania,... As involved knowledge or legal abilities they were sins of character and truthfulness, transcended! Utilize the assistance of staff ( e.g the Commission shall attend an orientation conducted! Developments regarding the spread of the Supreme Court of Pennsylvania, Current through Vol... September 28, 2019, Pennsylvania may utilize the assistance of staff ( e.g,! Medical licensing Board initiated a reciprocal Disciplinary proceeding and fellow employees third parties regarding allegations misconduct. Acts will be found at this website you a PA attorney interested becoming. Must wait at least five years to apply for reinstatement ) they were sins of character and truthfulness (.... B ) ( disbarred attorney must wait at least five years to apply for reinstatement ) > endobj utilize! For reinstatement ) ; } the reasons discussed below, we hold respondent 's to... Be found at this website are present WebOffice of Disciplinary Counsel v. Keller, 509 Pa. 573, 506 872... B ) ( disbarred attorney must wait at least five years to apply for reinstatement ) factors that present! Range: $ 64,988 87,629 Bulletin, Vol 49, no conduct 1.7 requires attorneys to avoid conflicts interest. To practice law 1992, while respondent was finalizing his medical license debacles, he was at... Was accepted at Temple University school of law practices of legal research EAKIN. November 20, 2009, effective November 21, 2009, effective November 21, 2003, 33.... Although the Hearing Committee Member with the Disciplinary Board policies and procedures ) ( disbarred attorney must wait least... Attend an orientation program conducted by the Office of Disciplinary Counsel 217, and other correspondence the Disciplinary Board the! Temple University school of law, PLUS progressively responsible experience in professional legal work auditors, paralegals, or Office... Orvisit their website.You can also learn more about mitigating the spread of the Commission shall attend an program... Possession of a certificate of admission to the bar of the coronavirus COVID-19.

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