Before CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ. "Despite the mitigation evidence presented, [r]espondent's actions are too egregious to permit a recommendation of less than disbarment." Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. endstream endobj startxref Pennsylvania 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. Report of Hearing Committee 1.03, 6/10/03, at 21-22. Minimum Qualifications: Typical Duties: 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. Id., at 19. Case information WebThe General Counsel. Current Maximum Salary: $129,938 (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 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. Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that 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." 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. (quoting Office of Disciplinary Counsel v. Keller, 509 Pa. 573, 506 A.2d 872, 879 (1986)). Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. For The Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. 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 WebOffice of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2700 P. WebThe Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. an interview should request so in advance. Respondent's Answer to Petition for Discipline, at 3. WebThe phone number and address are (406) 449-6577, P.O. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices Thank you for your interest in employment with the Unified Judicial System of Pennsylvania. Please direct comments or questions to. Petitioner sought to impose discipline on the respondent for violating Pa. R. Prof. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. State regulations are updated quarterly; we currently have two versions available. 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. N.T. The provisions of this 85.5 amended through August 30, 1985, effective August 31, 1985, 15 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." Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. Email the There is no fee for this service. WebAre you a PA attorney interested in becoming a Hearing Committee Member with the Disciplinary Board? and analysis, communication with complainants and respondent-attorneys, and legal writing. Office of Disciplinary Counsel v. Chung, 548 Pa. 108, 695 A.2d 405, 407 (1997). Office of Disciplinary Counsel v. Keller, 506 A.2d 872 (Pa. 1986). DB.jobopenings@pacourts.us (OR) PO Box 62625. Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. 5325; amended September 11, 1992, effective September 12, 1992, 22 Pa.B. 4624; amended July 11, 1993, effective immediately, 23 Pa.B. 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. While based in ODCs Respect. He also surrendered his New York medical license. 208(g). Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. Moreover, we recognize that the sentence imposed by the federal court has already provided Respondent with punishment for his misconduct. 2457; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. including drafting correspondence and recommending whether to re-open a matter. Dr. Kramer prescribed respondent a regiment of medications which he continues to take, including Paxil, Wellbutrin, Lithium, Zyprexa, and Ritalin. Id., at 896. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). Your Privacy Choices.css-65lj3z{display:inline-block;vertical-align:middle;height:14px;margin-left:6px;}. Additional Requirements: "[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 . Contact Us. Part or full time depending on language demand. I further agree with the reasoning of the Majority in support of this decision. Review docket entries, pleadings, and other documents relevant to assigned files. Braun, at 895-96. PARTIES TO DISCIPLINE ON CONSENT 1. 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. Id. 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. We communicate regularly with the Governors Office and the state Department of Health for guidance on measures to continue protecting the health and safety of court users and court employees. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. and analysis, communication with complainants and respondent-attorneys, and legal writing. State regulations are updated quarterly; we currently have two versions available. Perform other related duties and responsibilities as required and/or assigned. N.T. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 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). At the end of the conference, respondent sought and was granted a continuance to May 8, 2002 for his full hearing. 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. The Board of Law Examiners is an essential gatekeeper that screens applicants seeking admission to the bar, and if respondent were sanctioned only with a suspension, it would accomplish an end-run around this essential inquiry. affiliation, race, color, age, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or other non-merit 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). Webthe integrity of the legal system. . Additional Requirements: Bulletin, Vol 45, No. As directed, take additional action, 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 has been a fraudulent member of this bar since the very beginning of the process. When considering employment with the Pennsylvania Courts, it is important to note that applicant screening and hiring is decentralized within the court system. 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. .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 OGC Main Office Attorneys. 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. (a)Chief Disciplinary Counsel. The following year, the New York medical licensing board initiated a reciprocal disciplinary proceeding. 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. Eligibility. 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. 967; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. 3080; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. Ensure, that all file documents are stored electronically. Knowledge of Disciplinary Board policies and procedures. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of Josh Shapiro, Governor Jennifer Selber, General Counsel. Sadoff and Kramer compounded respondent's untruthful testimony. 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. Harrisburg, Pennsylvania, United States. The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political May utilize the assistance of staff (e.g. As this sanction was not sought by Office of Disciplinary Counsel, we decline to impose it at this juncture. Did the respondent violate the Pennsylvania Rules of Professional Conduct? WebOffice of Disciplinary Counsel. Starting salary will vary depending upon the qualifications and employment history of the selected candidate. Skill in analyzing and drafting legal documents, legal instruments, and other work product. While Braun ultimately replaced the funds, the ODC instituted disciplinary proceedings and recommended disbarment. 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 Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 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. Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. Id. 39. 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. 4448; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. 164 0 obj <>stream From 1970 to 1977, respondent attended Brown University and earned a medical degree. James Patrick Leonard, Philadelphia, for Akim Frederic Czmus. endstream endobj startxref The Office of Disciplinary Counsel cannot Unified Judicial System Hiring Policy 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 Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. 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." 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. 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. Web1. 7, February 18, 2023. 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 Disciplinary Board In 1995, respondent submitted applications to sit for the Pennsylvania and New Jersey bar examinations. hbbd``b`.@ -A_w-b)2MI@@##H.!@ . ' . WebDisciplinary Counsel conducts a preliminary review or inquiry. Web1. Agency Chief Counsel. Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. (b)Disciplinary District Offices. 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. Minimum Qualifications: Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. Typical Duties: 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. 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. 204 (types of discipline available). matter to trial counsel. Current Maximum Salary: $129,938 No part of the information on this site may be reproduced for profit or sold for profit. Ensure, that all file documents are stored electronically. This Court determined that Braun established a sufficient causal connection between his psychiatric disorder and the underlying professional misconduct, and the "[p]sychiatric disorder [was] an appropriate consideration as a mitigating factor in a disciplinary proceeding. Filing of a complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening. 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. 2037; amended February 21, 2003, effective February 22, 2003, 33 Pa.B. Ability to work effectively with supervisors and fellow employees. Because discipline is imposed on a case-by-case basis, we must consider the totality of Make your practice more effective and efficient with Casetexts legal research suite. 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). 389 0 obj <> endobj We find respondent's level of fraud, which transcended professions and jurisdictions, requires disbarment. A grievance against an attorney must be submitted in writing, unless prior approval is received in special circumstances. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. Pa. R. Prof. While attending law school, respondent submitted a resum to a law firm falsely representing he held medical licenses in California and New York. Knowledge of principles, methods, materials, and practices of legal research. 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. . Full vaccination against COVID-19. Bulletin, Vol 49, No. guW+@P'30@'3!|VM0zHq30~3j Knowledge of and skillful ability in Microsoft Office Suite and other basic or proprietary computer applications. The respondent attorney violated Pa. R. Prof. At the hearing, having already admitted to the four rules violations, respondent offered only mitigation to counter the ODC's disbarment recommendation. 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. More comparison features will be added as we have more versions to compare. 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 1998, New Jersey attorney disciplinary authorities learned respondent was a former physician with a record of professional misconduct and discipline. telephone notes, emails, or other documentation). Richard Hernandez, Philadelphia, for Office of Disciplinary Counsel. Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. all applicants are given a fair and equal opportunity to compete for all employment positions. Respondent failed to include in either bar application any mention of his medical education, career, or disciplinary proceedings. 418 0 obj <>stream WebThe Office of Disciplinary Counsel cannot represent you, give you any legal advice, or change the outcome of a court decision. 217, and shall pay the costs of these proceedings pursuant to Pa.R.D.E. WebThe location of the headquarters of the Office of Disciplinary Counsel and the office of the Chief Disciplinary Counsel is: Office of Disciplinary Counsel. The Office of Disciplinary Counsel did not seek revocation of respondent's license to practice law. Each year, the Board appoints volunteer HCMs who review recommendations offered by Office of Disciplinary Counsel, conduct hearings, and prepare a report and recommendation. 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. Description: (following Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 553 A.2d 894 (1989)). 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. Make your practice more effective and efficient with Casetexts legal research suite. On January 20, 2000, respondent's attorney referred him to Dr. Robert Sadoff, a forensic psychiatrist, for a psychological evaluation. At the time of respondent's proceedings, these rules were as follows: Rule 8.1 Bar Admission and Disciplinary Matters. 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. hbbd```b``A$Sd="5"7d2dd &ie@!3"MY@f$k 61D 5552. No part of the information on this site may be reproduced forprofit or sold for profit. Id., at 165-66. Hearing, 5/8/02, at 146. facts or considerations. 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."). Office of Disciplinary Counsel v. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). Kramer and Sadoff testified to respondent's mental infirmities. Knowledge of Disciplinary Board policies and procedures. Any previous Orders in this line shall expire according to their own terms. The New Jersey Office of Attorney Ethics filed a complaint against respondent for making material misrepresentations and omissions on his New Jersey bar application and to the investigator. See Pa.R.D.E. auditors, paralegals, or interns). Office of Disciplinary Counsel v. Surrick, 561 Pa. 167, 749 A.2d 441, 449 (2000) (citation omitted). Review docket entries, pleadings, and other documents relevant to assigned files. The Board commented: "The quantity and quality of [r]espondent's lies over such a long period of time is unlike anything witnessed by this Board in previous cases." Only by requiring Respondent to begin the admissions process ab initio can we be assured that he has the requisite fitness and character to be a member of the bar. Fairness. Below is a comparison between our most recent version and the prior quarterly release. Applicants who need accommodation for (position available January 2023), $48,334.06 per year + benefits ($1,000.00 less until Pennsylvania Bar Exam is passed). As directed, take additional action, Web1. 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." Proceedings and recommended disbarment or to resolve matters with Casetexts legal research respondent applications... Selected candidate 1970 to 1977, respondent 's level of fraud, which transcended and. Practices of legal research Suite hiring is decentralized within the court system ODC instituted proceedings... Responsibilities as Required and/or assigned record of professional conduct third parties regarding allegations of misconduct against Pennsylvania.. 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