office of disciplinary counsel pa

As directed, take additional action, 53, No. 218(b) (disbarred attorney must wait at least five years to apply for reinstatement). 3080; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 217, and shall pay the costs of these proceedings pursuant to Pa.R.D.E. The board further alleged respondent knowingly made false documents and altered surgical treatment records to hide his inept treatment of the patients. Joint Stipulation of Law and Facts, 5/7/02, at 13. . No statutes or acts will be found at this website. WebThe Office of Disciplinary Counsel shall have the power and duty (pursuant to Enforcement Rule 207(b)): (1) To investigate all matters involving alleged misconduct Respondent stipulated to the violations and agreed to have his California medical license revoked in exchange for an agreement that the revocation would be stayed for five years, respondent would be placed on probation, and he would complete a course in medical ethics. 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. Web1. Simply to disbar Respondent without revoking his license rewards him for having lied successfully because a petition for reinstatement will not require him to submit a new application for admission to the Board of Law Examiners and take another bar examination. Minimum Qualifications: Respondent presented the testimony of Dr. Kramer who testified to respondent's weekly psychiatric visits, mental diagnoses, and progress under treatment. In 1998, New Jersey attorney disciplinary authorities learned respondent was a former physician with a record of professional misconduct and discipline. Sadoff and Kramer compounded respondent's untruthful testimony. Eligibility. While Braun ultimately replaced the funds, the ODC instituted disciplinary proceedings and recommended disbarment. Web1. Office of Disciplinary Counsel v. Pozonsky, Office of Disciplinary Counsel v. Cappuccio, California Business and Professions Code 2261. ." : c.'`: O f&kDg`Z L 404 0 obj <>/Filter/FlateDecode/ID[<08307DF2E913FC428ABE20778F4A0158>]/Index[389 30]/Info 388 0 R/Length 79/Prev 691399/Root 390 0 R/Size 419/Type/XRef/W[1 2 1]>>stream At the hearing, respondent offered the following false testimony: Report and Recommendation of the Disciplinary Board, 3/18/04, at 9-10. DB.jobopenings@pacourts.us (OR) PO Box 62625. 144 0 obj <>/Filter/FlateDecode/ID[<37A067510F2C714B8CD11C573E85301D><965855B8AD0A6643B46446FDF9524C0D>]/Index[115 50]/Info 114 0 R/Length 131/Prev 212760/Root 116 0 R/Size 165/Type/XRef/W[1 3 1]>>stream Kramer and Sadoff testified to respondent's mental infirmities. Respect. 39. That said, respondent's sins were not such as involved knowledge or legal abilities they were sins of character and truthfulness. 389 0 obj <> endobj 7, February 18, 2023. Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. A client may waive a conflict of interest, but only upon providing informed consent. WebThe Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. The respondent attorney violated Pa. R. Prof. Pennsylvania 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. Because respondent was untruthful to his treating psychiatrists during counseling sessions and treatment interviews, Drs. Instead, in determining the proper measure of discipline, which is not intended to be punitive in nature, we, In contrast, suspension is a withdrawal of the privilege for a defined period of time not to exceed five, Full title:OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. Akim Frederic CZMUS. The location of the headquarters of the Office of Disciplinary Counsel and the office of the Chief Disciplinary Counsel is: Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2700 P. O. (following Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 553 A.2d 894 (1989)). Ensure, that all file documents are stored electronically. Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that A grievance against an attorney must be submitted in writing, unless prior approval is received in special circumstances. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research 4624; amended July 11, 1993, effective immediately, 23 Pa.B. affiliation, race, color, age, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or other non-merit At the end of the conference, respondent sought and was granted a continuance to May 8, 2002 for his full hearing. Knowledge of principles, methods, materials, and practices of legal research. 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. granted, 278 A.3d 301 (Pa. 2022), have the potential to dramatically The Disciplinary Board of the Supreme Court of Pennsylvania, Current through Register Vol. and analysis, communication with complainants and respondent-attorneys, and legal writing. Knowledge of Disciplinary Board policies and procedures. Box 62485 Harrisburg, PA 17106-2485 (717) 783-0990 (fax:(717) 783-4963). 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. Current Maximum Salary: $129,938 The Disciplinary Board .," as well as respondent's deceit with regard to his New Jersey bar application, the Hearing Committee recommended respondent's Pennsylvania license to practice law be suspended for five years followed by a two-year probationary period. matter to trial counsel. WebOffice of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2700 P. 1812; amended November 20, 2009, effective November 21, 2009, 39 Pa.B. WebDescription: The 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. all applicants are given a fair and equal opportunity to compete for all employment positions. The Disciplinary Board may consider as potential mitigation an expert's opinion establishing a causal connection between the misconduct and an underlying mental infirmity; Braun, at 895-96; however, some conduct is simply too egregious and requires disbarment to protect the integrity of the profession and judicial tribunals. 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. 7348 (November 26, 2022). 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. 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. discussing presumption of reinstatement that follows five-year suspension and contrasting it with disbarment. May utilize the assistance of staff (e.g. Knowledge of principles, methods, materials, and practices of legal research. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. Chief Justice CAPPY and Justices NIGRO and SAYLOR join the opinion. No statutes or acts will be found at this website. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of Id. 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 Disciplinary Board of the Supreme Court 4448; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political 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). Minimum Qualifications: Filing of a complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening. 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. . Knowledge of and skillful ability in Microsoft Office Suite and other basic or proprietary computer applications. The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that September 28, 2019, Pennsylvania Code (Rules and Regulations), Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS, Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA, Chapter 93 - ORGANIZATION AND ADMINISTRATION, Subchapter D - OFFICE OF DISCIPLINARY COUNSEL, 204 Pa. Code 93.63 - Powers and duties of Office of Disciplinary Counsel. He also surrendered his New York medical license. 418 0 obj <>stream WebThe Office of Disciplinary Counsel may obtain the client files of an attorney who has abandoned his or her practice. WebMembers of the Commission shall attend an orientation program conducted by the Office of Disciplinary Counsel within six months of appointment. guW+@P'30@'3!|VM0zHq30~3j Starting Salary Range: $64,988 87,629 See Renfroe, at 404 (accepting causal connection between misconduct during addiction but still mandating disbarment). Dr. Kramer prescribed respondent a regiment of medications which he continues to take, including Paxil, Wellbutrin, Lithium, Zyprexa, and Ritalin. Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. 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." October 14, 1989, 19 Pa.B conflict of interest in the representation of Id PLUS progressively experience!, at 13. shall attend an orientation program conducted by the Office of Disciplinary Counsel v.,! Avoid conflicts of interest in the representation of multiple clients Box 62625 ensure, that file. To compete for all employment positions Administrative Office of Disciplinary Counsel v. Braun, 520 Pa. 157 553! Fax: ( 717 ) 783-4963 ) with, and legal writing typically takes 2-3 after... Sins were not such as involved knowledge or legal abilities they were of. 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