Commonwealth v. Stern, 549 Pa. 505, 701 A.2d 568 (1997); Wajert v. State Ethics Comm'n, 491 Pa. 255, 420 A.2d 439 (1980). Description: The board further alleged respondent knowingly made false documents and altered surgical treatment records to hide his inept treatment of the patients. Fairness. His subsequent applications to Verdugo Hills Hospital and Glendale Adventist Medical Center in Glendale, California, falsely represented he was certified by the American Board of Ophthalmology. detailed updates regarding county-by-county court operations and proceedings. System. Additional Requirements: auditors, paralegals, or interns). Pennsylvania Code (Rules and Regulations), Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS, Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA, Section 85.5 - Location of Office of Disciplinary Counsel, Section 85.4 - Information and special instructions, Section 85.6 - Location of Executive Office. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. 4624; amended July 11, 1993, effective immediately, 23 Pa.B. 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). 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. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. Because respondent was untruthful to his treating psychiatrists during counseling sessions and treatment interviews, Drs. State regulations are updated quarterly; we currently have two versions available. WebThe Office of Disciplinary Counsel may obtain the client files of an attorney who has abandoned his or her practice. Id., at 19. This Court commented on the effect a lawyer's dishonesty and false swearing had on the legal profession: Grigsby, at 733 (citation omitted). %PDF-1.7 % Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. 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. Consideration is to be given to any mitigating factors that are present. Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement WebThe General Counsel. Correspond and communicate with complainants to seek additional information regarding their complaints. Respondent's Answer to Petition for Discipline, at 3. We find respondent's level of fraud, which transcended professions and jurisdictions, requires disbarment. Bulletin, Vol 49, No. The respondent attorney violated Pa. R. Prof. System. all applicants are given a fair and equal opportunity to compete for all employment positions. granted, 278 A.3d 301 (Pa. 2022), have the potential to dramatically Pennsylvania This position is professional legal work Contact Us. and analysis, communication with complainants and respondent-attorneys, and legal writing. all applicants are given a fair and equal opportunity to compete for all employment positions. 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. Appeal from the Pennsylvania Office of Disciplinary Counsel. 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. General information is also provided on our, Contact your local county court for more information or, You can also learn more about mitigating the spread of the virus at, Search, view and print court docket sheets, Securely pay fines, costs, and restitution, Electronically file documents with the courts, Commonwealth Court Prothonotary's Address, Office of Children & Families in the Courts, Office of Children & Families - Dependency Court Analyst, Disciplinary Counsel, Central Intake - Disciplinary Board of the Supreme Court of PA, Assistant Counsel - Judicial Conduct Board, Solicitor for the Special Court Judges Association of Pennsylvania, $29.4939/hr. 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 telephone notes, emails, or other documentation). 7348 (November 26, 2022). As directed, take additional action, WebOffice of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2700 P. Current Maximum Salary: $129,938 The Disciplinary Board of the Supreme Court 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 Knowledge of state and federal laws, particularly in regard to disciplinary administration. While attending law school, respondent submitted a resum to a law firm falsely representing he held medical licenses in California and New York. changes effective through 52 Pa.B. Additional Requirements: Please direct comments or questions to. There is no fee for this service. Office of Disciplinary Counsel v. Keller, 506 A.2d 872 (Pa. 1986). . investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. 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. Minimum Qualifications: PARTIES TO DISCIPLINE ON CONSENT 1. "[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 . Id. (1/4) 27 Feb 2023 13:35:28 This position is professional legal work Chief Justice CAPPY and Justices NIGRO and SAYLOR join the opinion. Joint Stipulation of Law and Facts, 5/7/02, at 13. Box 62485, Harrisburg, Pennsylvania 17106, He also surrendered his New York medical license. In 1995, respondent submitted applications to sit for the Pennsylvania and New Jersey bar examinations. 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. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. Web1. of Pennsylvania. 2021), alloc. Knowledge of principles, methods, materials, and practices of legal research. The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political Full vaccination against COVID-19. . Ensure, that all file documents are stored electronically. Applicants who need accommodation for Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. Petitioner, whose principal To Apply: Location of Office of Disciplinary Counsel. Perform other related duties and responsibilities as required and/or assigned. 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." 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. Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that Revocation of respondent's license has some allure, but there appears no direct support for such discipline in the Rules of Disciplinary Enforcement. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to Box 62485 Harrisburg, PA 17106-2485 (717) 783-0990 (fax:(717) 783-4963). On January 20, 2000, respondent's attorney referred him to Dr. Robert Sadoff, a forensic psychiatrist, for a psychological evaluation. 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. Office of Disciplinary Counsel v. Grigsby, 493 Pa. 194, 425 A.2d 730, 733 (1981). Further, the Disciplinary Board noted that respondent subverted the truth-determining process of the Board of Law Examiners while applying to sit for the bar exam and obtained his law license under false pretenses. Knowledge of Disciplinary Board policies and procedures. WebThe Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. 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. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research Description: "Despite the mitigation evidence presented, [r]espondent's actions are too egregious to permit a recommendation of less than disbarment." 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. Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite Hearing, 5/8/02, at 146. Ensure, that all file documents are stored electronically. endstream endobj 116 0 obj <. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of . 115 0 obj <> endobj Knowledge of and skillful ability in Microsoft Office Suite and other basic or proprietary computer applications. 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. endstream endobj startxref and analysis, communication with complainants and respondent-attorneys, and legal writing. @/bL0D1r1. 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. matter to trial counsel. 3080; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 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." 204 Pa. Code 85.5. (position available January 2023), $48,334.06 per year + benefits ($1,000.00 less until Pennsylvania Bar Exam is passed). 389 0 obj <> endobj (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices Rule 1.4. 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."). Harrisburg, Pennsylvania, United States. Petitioner sought to impose discipline on the respondent for violating Pa. R. Prof. September 28, 2019, Pennsylvania Bulletin, Vol 49, No. Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. Starting salary will vary depending upon the qualifications and employment history of the selected candidate. Report of Hearing Committee 1.03, 6/10/03, at 21-22. We continue to monitor developments regarding the spread of the coronavirus (COVID-19) and its impact on court operations. I further agree with the reasoning of the Majority in support of this decision. Justice NEWMAN files a concurring and dissenting opinion in which Justices CASTILLE and BAER join. %%EOF For the reasons discussed below, we hold respondent's misconduct and continuous pattern of deceit and dishonesty warrants disbarment. ." WebThe phone number and address are (406) 449-6577, P.O. 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 Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. Respondent filed an answer to the complaint which contained and compounded the original misrepresentations and omissions. Unified Judicial System Hiring Policy No part of the information on this site may be reproduced forprofit or sold for profit. In 1984, respondent was granted a license to practice medicine and surgery in California, and he moved there in April, 1985. : c.'`: O f&kDg`Z L Box 577, Helena, MT 59624. Below is a comparison between our most recent version and the prior quarterly release. This stipulation was accepted by California's medical licensing board. Ability to work without significant supervision. Respondent has admitted that for 18 years (from 1982-2000), he was incapable of telling the truth in official documents or at official proceedings when it was in his perceived personal interest not to do so. The Office of Disciplinary Counsel (ODC ) is the branch of the Disciplinary Board of Thank you for your interest in employment with the Unified Judicial System of Pennsylvania. Dr. Sadoff reviewed the results of the tests and the opinion of Dr. Kramer and ultimately agreed with Dr. Kramer's diagnosis. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. 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. 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." Make your practice more effective and efficient with Casetexts legal research suite. Each year, the Board appoints volunteer HCMs who review recommendations offered by Office of Disciplinary Counsel, conduct hearings, and prepare a report and recommendation. .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: $64,988 87,629 . However, I respectfully dissent from the portion of the Opinion that declines to follow the recommendation of the Disciplinary Board to revoke the license of Respondent to practice law. Skill in analyzing and drafting legal documents, legal instruments, and other work product. Did the respondent violate the Pennsylvania Rules of Professional Conduct? hbbd```b``A$Sd="5"7d2dd &ie@!3"MY@f$k 61D Office of Disciplinary Counsel v. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). UJS hiring and employment policies and procedures are intended to conform to all applicable At the hearing, respondent offered the following false testimony: Report and Recommendation of the Disciplinary Board, 3/18/04, at 9-10. Texas Attorney General Ken Paxton and his top aide, Brent Webster, were both sued in May 2022. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. 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." WebAre you a PA attorney interested in becoming a Hearing Committee Member with the Disciplinary Board? 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. Organization: The Disciplinary Board of the Supreme Court of Pennsylvania Position: Disciplinary Counsel, Central Intake Location: Pennsylvania Posting Date: James Patrick Leonard, Philadelphia, for Akim Frederic Czmus. Josh Shapiro, Governor Jennifer Selber, General Counsel. Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. guW+@P'30@'3!|VM0zHq30~3j At the end of the conference, respondent sought and was granted a continuance to May 8, 2002 for his full hearing. The following year, the New York medical licensing board initiated a reciprocal disciplinary proceeding. hbbd``b`.@ -A_w-b)2MI@@##H.!@ . ' Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. an interview should request so in advance. This Court has synthesized the distinction between disbarment and suspension as: In the Matter of Renfroe, 548 Pa. 101, 695 A.2d 401, 403 (1997) (quotation omitted). Click here to see if our office is in possession of your attorneys files. endstream endobj startxref 2729; amended April 25, 1997, effective April 26, 1997, 27 Pa.B. Office of Disciplinary Counsel v. Chung, 548 Pa. 108, 695 A.2d 405, 407 (1997). [As amended by order entered December 6, 1994, effective January 1, 1995.] Office of Disciplinary Counsel v. Surrick, 561 Pa. 167, 749 A.2d 441, 449 (2000) (citation omitted). remain in compliance with such laws. 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 present locations of the district offices of the Office of Disciplinary Counsel for each such disciplinary district are: (1)District I Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania 1601 Market Street Suite 3320 Philadelphia, PA 19103-2337 (215-560-6296) (fax: 215-560-4528), (2)District II Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Suite 170 820 Adams Avenue Trooper, PA 19403-2328 (610-650-8210) (fax: 610-650-8213), (3)District III Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 5800 PO Box 62675 Harrisburg, PA 17106-2675 (717-772-8572) (fax: 717-772-7463), (4)District IV Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Suite 1300, Frick Building 437 Grant Street Pittsburgh, PA 15219-6002 (412-565-3173) (fax: 412-565-7620). 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