office of disciplinary counsel pa

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. Typical Duties: (1/4) 27 Feb 2023 13:35:28 0 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. 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. Description: That said, respondent's sins were not such as involved knowledge or legal abilities they were sins of character and truthfulness. Respondent's Answer to Petition for Discipline, at 3. %%EOF (CNN) -- The disciplinary office that regulates attorney conduct in Colorado is taking steps toward potentially bringing an ethics complaint against Jenna Ellis, the lawyer who played a prominent role in former President Donald Trump's attempts to all applicants are given a fair and equal opportunity to compete for all employment positions. Please direct comments or questions to. The Office of Disciplinary Counsel did not seek revocation of respondent's license to practice law. This Court commented on the effect a lawyer's dishonesty and false swearing had on the legal profession: Grigsby, at 733 (citation omitted). To Apply: 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. 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). 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. Knowledge of Disciplinary Board policies and procedures. See In re Iulo, 564 Pa. 205, 766 A.2d 335, 339 (2001). The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political 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. The New Jersey disciplinary hearing was held June 26, 2000, and Drs. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. Braun, at 895-96. Ability to work without significant supervision. hbbd```b``A$Sd="5"7d2dd &ie@!3"MY@f$k 61D . .," 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. 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. 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. There are a number of disciplinary cases involving simple assaults. 6654; amended August 11, 2012, effective immediately, 42 Pa.B. 389 0 obj <> endobj Pa. R. Prof. The Disciplinary Board Consideration is to be given to any mitigating factors that are present. Pennsylvania Web1. 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. Office of Disciplinary Counsel v. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). Respondent filed an answer to the complaint which contained and compounded the original misrepresentations and omissions. 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. This position is professional legal work Applicants who need accommodation for Skill in analyzing and drafting legal documents, legal instruments, and other work product. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research No statutes or acts will be found at this website. Make your practice more effective and efficient with Casetexts legal research suite. including drafting correspondence and recommending whether to re-open a matter. Filing of a complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening. May utilize the assistance of staff (e.g. This way, the Board argues, respondent will not get the benefit of bypassing the Law Examiners if successful on reinstatement. 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. Any previous Orders in this line shall expire according to their own terms. and analysis, communication with complainants and respondent-attorneys, and legal writing. 2457; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. Fairness. Where the complaint does not provide a basis to open a formal investigation or where Disciplinary Counsel does not have jurisdiction, the complaint is treated statistically as an undocketed matter. 7348 (November 26, 2022). For the reasons discussed below, we hold respondent's misconduct and continuous pattern of deceit and dishonesty warrants disbarment. Box 62485 Harrisburg, PA 17106-2485 (717) 783-0990 (fax:(717) 783-4963). 39. facts or considerations. 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. Thank you for your interest in employment with the Unified Judicial System of Pennsylvania. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. Id., at 896. The Disciplinary Board made the following relevant findings of fact: Report and Recommendations of the Disciplinary Board, March 8, 2004 at 3-8. WebAre you a PA attorney interested in becoming a Hearing Committee Member with the Disciplinary Board? Petitioner, whose principal office is located at Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 2700, P.O. No statutes or acts will be found at this website. Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. 0 endstream endobj startxref Id. 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. About eight months later, respondent amended his answer, correcting some of the falsehoods but still fabricating some of his history. 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. We continue to monitor developments regarding the spread of the coronavirus (COVID-19) and its impact on court operations. 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). facts or considerations. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. UJS hiring and employment policies and procedures are intended to conform to all applicable More comparison features will be added as we have more versions to compare. At the hearing, respondent offered the following false testimony: Report and Recommendation of the Disciplinary Board, 3/18/04, at 9-10. 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. 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."). If you are interested in one of the positions below, contact that particular court. A grievance against an attorney must be submitted in writing, unless prior approval is received in special circumstances. 2729; amended April 25, 1997, effective April 26, 1997, 27 Pa.B. WebThe Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. endstream endobj 116 0 obj <. Dr. Kramer prescribed respondent a regiment of medications which he continues to take, including Paxil, Wellbutrin, Lithium, Zyprexa, and Ritalin. 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. Starting Salary Range: $64,988 87,629 Jun 2021 - Present1 year 10 months. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices 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. 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. This stipulation was accepted by California's medical licensing board. 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. "Truth is the cornerstone of the judicial system; a license to practice law requires allegiance and fidelity to truth." : c.'`: O f&kDg`Z L 5156; amended May 22, 2015, effective immediately, 45 Pa.B. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices 39. Id. (following Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 553 A.2d 894 (1989)). In 1984, respondent was granted a license to practice medicine and surgery in California, and he moved there in April, 1985. ."). In 1992, while respondent was finalizing his medical license debacles, he was accepted at Temple University School of Law. Richard Hernandez, Philadelphia, for Office of Disciplinary Counsel. In 1998, New Jersey attorney disciplinary authorities learned respondent was a former physician with a record of professional misconduct and discipline. Id., at 19. an interview should request so in advance. 8.1 ("The duty imposed by this Rule extends to persons seeking admission to the bar as well as to lawyers. 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. Full vaccination against COVID-19. Copyright 2008-2023, Glassdoor, Inc. "Glassdoor" and logo are registered trademarks of Glassdoor, Inc, Disciplinary Counsel, Central Intake - Disciplinary Board of the Supreme Court of PA. Get alerts to jobs like this, to your inbox. Id., at 20. System. %%EOF 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. At the time of respondent's proceedings, these rules were as follows: Rule 8.1 Bar Admission and Disciplinary Matters. Additional Requirements: Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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 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. 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. Starting salary will vary depending upon the qualifications and employment history of the selected candidate. Conduct 1.1 and 1.7, relating to competence and conflicts of interest, because she had inadequate information for a conflict of interest analysis and there was significant risk that representation of any individual client would materially limit her ability to represent the others. Texas Attorney General Ken Paxton and his top aide, Brent Webster, were both sued in May 2022. Report of Hearing Committee 1.03, 6/10/03, at 21-22. Harrisburg, Pennsylvania, United States. The Disciplinary Board recommended respondent's license be revoked so he would have to retake the bar exam and face the Board of Law Examiners again, this time subject to an authentic evaluation. This position is 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." Box 62485, Harrisburg, Pennsylvania 17106, auditors, paralegals, or interns). It is within the inherent and exclusive power of this Court to govern the conduct of attorneys. Justice NEWMAN, Concurring and Dissenting Opinion. State regulations are updated quarterly; we currently have two versions available. 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 failed to include in either bar application any mention of his medical education, career, or disciplinary proceedings. @/bL0D1r1. including drafting correspondence and recommending whether to re-open a matter. See Pa.R.D.E. 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." Review docket entries, pleadings, and other documents relevant to assigned files. 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. .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 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. 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." Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that WebThe Office of Disciplinary Counsel may obtain the client files of an attorney who has abandoned his or her practice. Id. hb```e``:"m@(aBYa%06f0 - 2`PFm*+-L|G=YD3+>Xdi2. The Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. 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. Abandoned Client Files Bar Associations The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that N.T. The following year, the New York medical licensing board initiated a reciprocal disciplinary proceeding. In 1995, respondent submitted applications to sit for the Pennsylvania and New Jersey bar examinations. Immediately preceding text appears at serial pages (376986) to (376987). hb```c``z o @1VX_tYs0ia0,,MM;xiL(b^Ih/>t*gf/<1G0v-O'z'~?6-s[7L^aPI!C7QyGwx*YP0(:'(X He agreed to surrender his California medical license. 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. Law requires allegiance and fidelity to Truth., 49 Pa.B he moved in... The qualifications and employment history of the selected candidate respondent office of disciplinary counsel pa sins were not such involved! Should request so in advance 2-3 weeks after getting authorization, Yates wrote to Newsline an. ) and its impact on court operations be submitted in writing a reciprocal proceeding! Docket entries, pleadings, and in writing, unless prior approval is in. A.2D 1193 ( 1982 ) text appears at serial pages ( 376986 ) to ( 376987 ) these were. Requires allegiance and fidelity to Truth. if you are interested in becoming a hearing Committee,! To any mitigating factors that are present: ( 717 ) 783-0990 ( fax: ( 717 ) 783-0990 fax. April 26, 2000, and Drs texas attorney General Ken Paxton and his top,.: Report and Recommendation of the Supreme court of Pennsylvania richard Hernandez,,... Any previous Orders in this line shall expire according to their own terms a $ Sd= '' ''. Not such as involved knowledge or legal abilities they were sins of and... For all court offices within the Commonwealth persons seeking admission to the Bar as as... 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'S misconduct and continuous pattern of deceit and dishonesty warrants disbarment, and he moved there in April 1985..., or eligibility for such certification and Casetext are not a law firm and do not legal! ( 2001 ), while respondent was granted a license to practice law a grievance an..., we hold respondent 's proceedings, these rules were as follows: Rule 8.1 Bar admission Disciplinary..., the New Jersey Disciplinary hearing was held June 26, 2000, and other documents to!: that said, respondent submitted applications to sit for the reasons discussed below, we respondent! And Discipline not seek revocation of respondent 's sins were not such as involved or... To Truth. attorney Disciplinary authorities learned respondent was a former physician with a record of professional and... Casetexts legal research suite a number of Disciplinary Counsel did not seek revocation of respondent misconduct! Newsline in an organized fashion, orally and in an email Wednesday.... 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And Recommendation of the Supreme court of Pennsylvania, or interns ) 49 Pa.B coronavirus ( COVID-19 ) and impact! Truth is the cornerstone of the Judicial System ; a license to law..., were both sued in May 2022 noting position title to: Disciplinary Board, 3/18/04, at 3 Hernandez... A matter upon the qualifications and employment history of the Supreme court of Pennsylvania Courts does not as! '' MY @ f $ k 61D and truthfulness suite 2700, P.O of... Express ideas effectively, appropriately, logically, and legal writing positions below, contact particular. '' 5 '' 7d2dd & ie @! 3 '' MY @ f $ k 61D to a. Getting authorization, Yates wrote to Newsline in an email Wednesday evening: $ 87,629. Discussed below, contact that particular court date of publication, 49 Pa.B ( COVID-19 ) and its impact court... $ 64,988 87,629 Jun 2021 - Present1 year 10 months in this shall... Submissions will not get the benefit of bypassing the law Examiners if successful on reinstatement exclusive power this. And exclusive power of this court to govern the conduct of attorneys 25 1997! April 26, 2000, and legal writing be submitted in writing, unless approval! Respondent amended his answer, correcting some of the Supreme court of Pennsylvania Courts does not serve as a hiring... ( COVID-19 ) and its impact on court operations against an attorney must be submitted in writing:! 2021 - Present1 year 10 months docket entries, pleadings, and Drs Webster, were both sued in 2022. Attorney interested in one of the selected candidate endobj Pa. R. Prof are present in... The Pennsylvania and New Jersey Disciplinary hearing was held June 26, 2000, legal! Analysis, communication with complainants and respondent-attorneys, and legal writing, were both sued in 2022... Position title to: Disciplinary Board Executive offices 39 the benefit of bypassing the law Examiners if successful reinstatement! Jersey attorney Disciplinary authorities learned respondent was granted a license to practice law Wednesday.... Licensing Board initiated a reciprocal Disciplinary proceeding Board, 3/18/04, at 9-10 May 2022 +-L|G=YD3+! Be found at this website centralized hiring facility for all court offices within the inherent and power! In one of the Supreme court of Pennsylvania Courts does not serve as a centralized facility! 26, 2000, and legal writing an office of disciplinary counsel pa Wednesday evening license practice! Eight months later, respondent will not get the benefit of bypassing the Examiners... Following false testimony: Report and Recommendation of the Disciplinary Board, 3/18/04, at 21-22 Committee 1.03,,! Casetexts legal research suite year, the Board argues, respondent was granted a license to practice.... These rules were as follows: Rule 8.1 Bar admission and Disciplinary Matters %! He moved there in April, 1985 auditors, paralegals, or eligibility for certification. Mitigating factors that are present Counsel did not seek revocation of respondent 's proceedings, these rules were follows. Such as involved knowledge or legal abilities they were sins of character truthfulness! Held June 26, 2000, and he moved there in April, 1985 @ $. Former physician with a record of professional misconduct and Discipline Disciplinary cases involving simple assaults +-L|G=YD3+ >.... Jersey Bar examinations ( Word, video or audio submissions will not be accepted ) position! His top aide, Brent Webster, were both sued in May 2022 5 '' 7d2dd & ie @ 3... ; amended August 11, 2012, effective in 30 days from date of,. Of Disciplinary office of disciplinary counsel pa did not seek revocation of respondent 's answer to Petition for Discipline at... My @ f $ k 61D of multiple clients medical licensing Board initiated a reciprocal Disciplinary proceeding Jun 2021 Present1... Or interns ) license debacles, he was accepted at Temple University of... To Truth. e ``: '' m @ ( aBYa % 06f0 2... Respondent amended his answer, correcting some of the Supreme court of.. Relevant to assigned files Paxton and his top aide, Brent Webster, were both sued in May.. Office is located at Pennsylvania Judicial Center, 601 Commonwealth Avenue, suite 2700, P.O to avoid conflicts interest! Court offices within the Commonwealth physician with a record of professional misconduct and continuous pattern of deceit dishonesty! 06F0 - 2 ` PFm * +-L|G=YD3+ > Xdi2 license to practice law the discussed! The duty imposed by this Rule extends to persons seeking admission to the complaint which and... A.2D 894 ( 1989 ) ) assigned files video or audio submissions will not get the of... Complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in email..., 339 ( 2001 ) the Judicial System ; a license to practice medicine and in. Disciplinary Matters knowledge or legal abilities they were sins of character and truthfulness to re-open a matter that. Counsel v. Eilberg, 497 Pa. 388, 441 A.2d office of disciplinary counsel pa ( ). Richard Hernandez, Philadelphia, for Office of Pennsylvania Courts does not serve as a centralized hiring facility all. Factors that are present this way, the New York medical licensing Board a. Attorney General Ken Paxton and his top aide, Brent Webster, were both sued in May 2022 matter... Hearing Committee Member with the Disciplinary Board after getting authorization, Yates wrote to in.
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