2457; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. The Office of Disciplinary Counsel (ODC ) is the branch of the Disciplinary Board of Webthe integrity of the legal system. . 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. Ability to work without significant supervision. (a)Chief Disciplinary Counsel. Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. 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. Bulletin, Vol 45, No. Jun 2021 - Present1 year 10 months. Bulletin, Vol 49, No. 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. 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). 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. Full vaccination against COVID-19. remain in compliance with such laws. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Immediately preceding text appears at serial pages (376986) to (376987). endstream endobj 116 0 obj <. Moreover, we recognize that the sentence imposed by the federal court has already provided Respondent with punishment for his misconduct. 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. Current Maximum Salary: $129,938 %PDF-1.7 % This stipulation was accepted by California's medical licensing board. Respondent filed an answer to the complaint which contained and compounded the original misrepresentations and omissions. 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." 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. There is no fee for this service. 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." Knowledge of Disciplinary Board policies and procedures. The following year, the New York medical licensing board initiated a reciprocal disciplinary proceeding. 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). 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. Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to matter to trial counsel. 389 0 obj <> endobj The Office of Disciplinary Counsel did not seek revocation of respondent's license to practice law. In 1995, respondent submitted applications to sit for the Pennsylvania and New Jersey bar examinations. Candidates interested in applying for this position are requested to submit a written resume and cover letter in .PDF format 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." 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. Filing of a complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening. Applicants who need accommodation for .," 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. Starting Salary Range: $64,988 87,629 Ensure, that all file documents are stored electronically. WebThe Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. all applicants are given a fair and equal opportunity to compete for all employment positions. 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. ."). 0 granted, 278 A.3d 301 (Pa. 2022), have the potential to dramatically This way, the Board argues, respondent will not get the benefit of bypassing the Law Examiners if successful on reinstatement. 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. 601 Commonwealth AvenueP.O. WebThe Office of Disciplinary Counsel cannot represent you, give you any legal advice, or change the outcome of a court decision. 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. Description: . WebAre you a PA attorney interested in becoming a Hearing Committee Member with the Disciplinary Board? Consideration is to be given to any mitigating factors that are present. remain in compliance with such laws. Below is a comparison between our most recent version and the prior quarterly release. Report and Recommendation of the Disciplinary Board, 3/8/04, at 18. Knowledge of state and federal laws, particularly in regard to disciplinary administration. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. 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. : c.'`: O f&kDg`Z L Id. Knowledge of Disciplinary Board policies and procedures. However, this Court undoubtedly has the inherent power to revoke a license granted in the first place under this Court's rules and authority. . Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that 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. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research On May 18, 1992, respondent endorsed a Stipulation for Surrender of Certificate, stating he would not contest the allegations, was suffering from an extended illness which caused his negligent care of the patients, and was no longer engaged in the practice of medicine. changes effective through 52 Pa.B. Prepare dismissal letters, letters of concern or education, and other correspondence. Knowledge of principles, methods, materials, and practices of legal research. The Disciplinary Board made the following relevant findings of fact: Report and Recommendations of the Disciplinary Board, March 8, 2004 at 3-8. The Office of Disciplinary Counsel cannot . Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. 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. matter to trial counsel. Office of Disciplinary Counsel v. Surrick, 561 Pa. 167, 749 A.2d 441, 449 (2000) (citation omitted). "[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 . UJS hiring and employment policies and procedures are intended to conform to all applicable Office of Disciplinary Counsel v. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. N.T. 115 0 obj <> endobj 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. %%EOF As directed, take additional action, The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement WebThe General Counsel. 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. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. facts or considerations. Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite To Apply: Respondent failed to include in either bar application any mention of his medical education, career, or disciplinary proceedings. Make your practice more effective and efficient with Casetexts legal research suite. Office of Disciplinary Counsel v. Keller, 506 A.2d 872 (Pa. 1986). Ability to work effectively with supervisors and fellow employees. See comment to amended Pa.R.P.C. including drafting correspondence and recommending whether to re-open a matter. 3080; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 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. Dr. Kramer prescribed respondent a regiment of medications which he continues to take, including Paxil, Wellbutrin, Lithium, Zyprexa, and Ritalin. I agree with the Majority that this Court should order the disbarment of Respondent. Part or full time depending on language demand. If you are interested in one of the positions below, contact that particular court. Click here to see if our office is in possession of your attorneys files. Minimum Qualifications: 5325; amended September 11, 1992, effective September 12, 1992, 22 Pa.B. 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). 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. 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 Disciplinary Board Each of the appellate courts and Kramer and Sadoff testified to respondent's mental infirmities. facts or considerations. Web1. State regulations are updated quarterly; we currently have two versions available. No statutes or acts will be found at this website. %PDF-1.6 % . Dr. Sadoff also referred respondent to Dr. Gerald Cooke, a neurophysiologist, who performed a series of psychological tests. 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. guW+@P'30@'3!|VM0zHq30~3j Perform other related duties and responsibilities as required and/or assigned. 967; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. In 1998, New Jersey attorney disciplinary authorities learned respondent was a former physician with a record of professional misconduct and discipline. More comparison features will be added as we have more versions to compare. The Disciplinary Board of the Supreme Court Hearing, 5/8/02, at 146. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. 208(g). Id. (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 See In re Iulo, 564 Pa. 205, 766 A.2d 335, 339 (2001). 5156; amended May 22, 2015, effective immediately, 45 Pa.B. ." Ensure, that all file documents are stored electronically. At the hearing, respondent offered the following false testimony: Report and Recommendation of the Disciplinary Board, 3/18/04, at 9-10. 4448; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. 39. telephone notes, emails, or other documentation). investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. 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."). Because discipline is imposed on a case-by-case basis, we must consider the totality of . 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. Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. Starting salary will vary depending upon the qualifications and employment history of the selected candidate. an interview should request so in advance. Review docket entries, pleadings, and other documents relevant to assigned files. 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. 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." He agreed to surrender his California medical license. Respect. Harrisburg, Pennsylvania, United States. Location of Office of Disciplinary Counsel. 218(b) (disbarred attorney must wait at least five years to apply for reinstatement). 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 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. 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. The Pennsylvania Code website reflects the Pennsylvania Code Additional Requirements: The appellate Courts and Kramer and Sadoff testified to respondent 's mental infirmities Pa. 1986 ) text! 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