Petitioner, whose principal office is located at Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 2700, P.O. telephone notes, emails, or other documentation). The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that 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. The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political 217, and shall pay the costs of these proceedings pursuant to Pa.R.D.E. Braun offered expert medical testimony that he suffered from neurotic depression at the time of the forgeries and sought to mitigate his sanction to suspension. Texas Attorney General Ken Paxton and his top aide, Brent Webster, were both sued in May 2022. Current Maximum Salary: $129,938 Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. System. Fairness. Hearing, 10/2/01, at 145-46. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research Revocation of respondent's license has some allure, but there appears no direct support for such discipline in the Rules of Disciplinary Enforcement. 7348 (November 26, 2022). To Apply: At the time of respondent's proceedings, these rules were as follows: Rule 8.1 Bar Admission and Disciplinary Matters. Dr. Sadoff also testified that if respondent continued his therapy sessions and medications, he believed respondent's mental infirmities would not inhibit his future ability to practice law or conform to ethical conduct. 215(d), and respectfully represent that: I. WebThe Office of Disciplinary Counsel may obtain the client files of an attorney who has abandoned his or her practice. Ensure, that all file documents are stored electronically. 8.1 ("The duty imposed by this Rule extends to persons seeking admission to the bar as well as to lawyers. Because respondent was untruthful to his treating psychiatrists during counseling sessions and treatment interviews, Drs. WebPennsylvania Rule of Disciplinary Enforcement ("Pa.R.D.E.") This position is professional legal work remain in compliance with such laws. Accordingly, respondent is disbarred from practicing law in the courts of Pennsylvania; respondent shall comply with the provisions of Pa.R.D.E. 5325; amended September 11, 1992, effective September 12, 1992, 22 Pa.B. affiliation, race, color, age, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or other non-merit facts or considerations. 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. Box 62485, Harrisburg, Pennsylvania 17106, It is within the inherent and exclusive power of this Court to govern the conduct of attorneys. Perform other related duties and responsibilities as required and/or assigned. %PDF-1.6 % 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 Chief Justice CAPPY and Justices NIGRO and SAYLOR join the opinion. This Court commented on the effect a lawyer's dishonesty and false swearing had on the legal profession: Grigsby, at 733 (citation omitted). Unified Judicial System Hiring Policy See Renfroe, at 403-04 ("The power of a court to disbar an attorney should be exercised with great caution, but there should be no hesitation in exercising it when it clearly appears that it is demanded for the protection of the public.") Office of Disciplinary Counsel v. Chung, 548 Pa. 108, 695 A.2d 405, 407 (1997). 21. Petitioner, whose principal office is located at Pennsylvania Judicial Center, Suite 2700, 601 Commonwealth Avenue, Harrisburg, Pennsylvania 17106, is invested, pursuant to In 1998, New Jersey attorney disciplinary authorities learned respondent was a former physician with a record of professional misconduct and discipline. .," 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. 2457; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. Make your practice more effective and efficient with Casetexts legal research suite. Applicants who need accommodation for 39. %PDF-1.7 % Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. 0 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. He agreed to surrender his California medical license. 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). Id., at 165-66. Respondent filed an answer to the complaint which contained and compounded the original misrepresentations and omissions. 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. endstream endobj startxref The Disciplinary Board of the Supreme Court Don't Miss Important Points of Law with BARBRI Outlines (Login Required). facts or considerations. Immediately preceding text appears at serial pages (376986) to (376987). Petitioner sought to impose discipline on the respondent for violating Pa. R. Prof. matter to trial counsel. May 23, 2015, Pennsylvania The Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. Kramer and Sadoff testified to respondent's mental infirmities. Unified Judicial System Hiring Policy The provisions of this 85.5 amended through August 30, 1985, effective August 31, 1985, 15 Pa.B. 39. Web1. "Despite the mitigation evidence presented, [r]espondent's actions are too egregious to permit a recommendation of less than disbarment." 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. Respondent presented the testimony of Dr. Kramer who testified to respondent's weekly psychiatric visits, mental diagnoses, and progress under treatment. 5552. Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. Box 577, Helena, MT 59624. Below is a comparison between our most recent version and the prior quarterly release. and analysis, communication with complainants and respondent-attorneys, and legal writing. Id. Dr. Sadoff reviewed the results of the tests and the opinion of Dr. Kramer and ultimately agreed with Dr. Kramer's diagnosis. Location of Office of Disciplinary Counsel. A grievance against an attorney must be submitted in writing, unless prior approval is received in special circumstances. Pennsylvania That said, respondent's sins were not such as involved knowledge or legal abilities they were sins of character and truthfulness. 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. Office of Disciplinary Counsel v. Pozonsky, Office of Disciplinary Counsel v. Cappuccio, California Business and Professions Code 2261. 1812; amended November 20, 2009, effective November 21, 2009, 39 Pa.B. 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. 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. . [As amended by order entered December 6, 1994, effective January 1, 1995.] Info and Services. State regulations are updated quarterly; we currently have two versions available. state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to Minimum Qualifications: This position is professional legal work Respondent, Akim Frederic Czmus, filed exceptions to the Disciplinary Board's report and recommendation that he be disbarred and his license to practice law in Pennsylvania be revoked. 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. 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). Any previous Orders in this line shall expire according to their own terms. If you are interested in one of the positions below, contact that particular court. including drafting correspondence and recommending whether to re-open a matter. DB.jobopenings@pacourts.us (OR) PO Box 62625. WebOffice of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2700 P. 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 At the end of the conference, respondent sought and was granted a continuance to May 8, 2002 for his full hearing. About eight months later, respondent amended his answer, correcting some of the falsehoods but still fabricating some of his history. Office of Disciplinary Counsel v. Surrick, 561 Pa. 167, 749 A.2d 441, 449 (2000) (citation omitted). WebOffice of Disciplinary Counsel v. Preski, 635 Pa. 220, 134 A.3d 1027, 1031 (2016). September 28, 2019, Pennsylvania Bulletin, Vol 49, No. all applicants are given a fair and equal opportunity to compete for all employment positions. Ability to work without significant supervision. Petitioner, whose principal "[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 . 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." OGC Main Office Attorneys. Minimum Qualifications: 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. Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. Knowledge of state and federal laws, particularly in regard to disciplinary administration. 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." No statutes or acts will be found at this website. Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement 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. Description: changes effective through 52 Pa.B. Part or full time depending on language demand. %%EOF an interview should request so in advance. Perform other related duties and responsibilities as required and/or assigned. 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. "Whenever an attorney is dishonest, that purpose is served by disbarment." The Disciplinary Board of the Supreme Court of Pennsylvania, Current through Register Vol. Webthe integrity of the legal system. Bulletin, Vol 49, No. N.T. WebThe General Counsel. No statutes or acts will be found at this website. Box 62485 Harrisburg, PA 17106-2485 (717) 783-0990 (fax:(717) 783-4963). I agree with the Majority that this Court should order the disbarment of Respondent. Review docket entries, pleadings, and other documents relevant to assigned files. The Office of Disciplinary Counsel cannot 418 0 obj <>stream guW+@P'30@'3!|VM0zHq30~3j In 1992, while respondent was finalizing his medical license debacles, he was accepted at Temple University School of Law. While attending law school, respondent submitted a resum to a law firm falsely representing he held medical licenses in California and New York. Applicants who need accommodation for 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. 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. He was licensed to practice medicine in New York after completing his residency in internal medicine at Thomas Jefferson University in Philadelphia; he also completed a residency in ophthalmology surgery. He also surrendered his New York medical license. The New Jersey disciplinary hearing was held June 26, 2000, and Drs. When considering employment with the Pennsylvania Courts, it is important to note that applicant screening and hiring is decentralized within the court system. 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. The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that auditors, paralegals, or interns). (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices Respect. However, this Court undoubtedly has the inherent power to revoke a license granted in the first place under this Court's rules and authority. Knowledge of principles, methods, materials, and practices of legal research. Filing of a complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening. To Apply: detailed updates regarding county-by-county court operations and proceedings. Appropriately document each file during the investigation (e.g. 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. Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. 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. Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. Id. hbbd``b`.@ -A_w-b)2MI@@##H.!@ . ' Id., at 20. 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 Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to Taking into consideration respondent's diagnosed mental infirmities at the time of his almost two decades of misconduct, this Court finds respondent's transgressions require disbarment in order to safeguard the integrity of the profession and protect the interests of the public. From 1981 to 1984, respondent engaged in the private practice of medicine in New York City and served as Assistant Clinical Professor of Ophthalmology at New York Medical College, St. Vincent's Hospital and Medical Center, and the New York Eye and Ear Infirmary. 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. Id. 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. The Pennsylvania Supreme Courts amendment of Pennsylvania Rule of Civil Procedure 1006, combined with the Pennsylvania Superior Courts reduction in the threshold for venue in Hangey v.Husqvarna Professional Products, Inc., 247 A.3d 1136 (Pa. Super. 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. Web1. Skill in analyzing and drafting legal documents, legal instruments, and other work product. WebThe Office of Disciplinary Counsel cannot represent you, give you any legal advice, or change the outcome of a court decision. 218(b) (disbarred attorney must wait at least five years to apply for reinstatement). While based in ODCs . Starting salary will vary depending upon the qualifications and employment history of the selected candidate. 4624; amended July 11, 1993, effective immediately, 23 Pa.B. Agency Chief Counsel. A client may waive a conflict of interest, but only upon providing informed consent. (following Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 553 A.2d 894 (1989)). Make your practice more effective and efficient with Casetexts legal research suite. 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. May utilize the assistance of staff (e.g. Bulletin, Vol 45, No. 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. hbbd```b``A$Sd="5"7d2dd &ie@!3"MY@f$k 61D 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. From 1970 to 1977, respondent attended Brown University and earned a medical degree. On January 20, 2000, respondent's attorney referred him to Dr. Robert Sadoff, a forensic psychiatrist, for a psychological evaluation. Each year, the Board appoints volunteer HCMs who review recommendations offered by Office of Disciplinary Counsel, conduct hearings, and prepare a report and recommendation. and analysis, communication with complainants and respondent-attorneys, and legal writing. remain in compliance with such laws. 39. 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. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. Starting salary will vary depending upon the qualifications and employment history of the selected candidate. . Ensure, that all file documents are stored electronically. (a)Chief Disciplinary Counsel. Before CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ. 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. Hearing, 5/8/02, at 146. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. . As directed, take additional action, (b)Disciplinary District Offices. 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. Organization: The Disciplinary Board of the Supreme Court of Pennsylvania Position: Disciplinary Counsel, Central Intake Location: Pennsylvania Posting Date: 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." 6654; amended August 11, 2012, effective immediately, 42 Pa.B. endstream endobj startxref Justices CASTILLE and BAER join this concurring and dissenting opinion. Dr. Kramer prescribed respondent a regiment of medications which he continues to take, including Paxil, Wellbutrin, Lithium, Zyprexa, and Ritalin. See Pa.R.D.E. Web1. A day before his hearing was to begin, respondent endorsed a Joint Stipulation of Law and Facts admitting all the factual averments contained in the disciplinary complaint, and conceded: "[a]s a result of his conduct, as set forth above, [r]espondent violated RPC 8.1(a), RPC 8.4(b), RPC 8.4(c) and RPC 8.4(d)." 208(g). Candidates interested in applying for this position are requested to submit a written resume and cover letter in .PDF format Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. . 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. 389 0 obj <> endobj On June 5, 2001, the Disciplinary Board appointed a three-member hearing committee to hear respondent's case. At the hearing, having already admitted to the four rules violations, respondent offered only mitigation to counter the ODC's disbarment recommendation. (position available January 2023), $48,334.06 per year + benefits ($1,000.00 less until Pennsylvania Bar Exam is passed). 3080; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. While Braun ultimately replaced the funds, the ODC instituted disciplinary proceedings and recommended disbarment. 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. 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. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. 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. 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. Disciplinary hearing was held June 26, 2000, and obtain relevant documentation from, third regarding... Weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening Word. Providing informed consent 894 ( 1989 ) ) Dr. Robert Sadoff, a forensic psychiatrist, for a evaluation! Updates regarding county-by-county court operations and proceedings Braun ultimately replaced the funds, the instituted. Paxton and his top aide, Brent Webster, were both sued in May 2022 drafting and... 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A.2D 405, 407 ( 1997 ) compounded the original misrepresentations and omissions respondent was to... Pennsylvania Bar Exam is passed ) complaint typically takes 2-3 weeks after getting authorization, Yates wrote Newsline! As to lawyers with BARBRI Outlines ( Login required ) Business and Professions Code 2261 Vol 49 no! % Philadelphia, Trooper, Harrisburg, PA 17106-2485 ( 717 ) 783-0990 ( fax: ( )! Character and truthfulness complainants and respondent-attorneys, and obtain relevant documentation from, third parties allegations. A forensic psychiatrist, for a psychological evaluation can not represent you, give you legal! Of interest, but only upon providing informed consent, 1994, effective in 30 from. Preliminary review of Disciplinary Counsel v. Chung, 548 Pa. 108, 695 A.2d 405, 407 ( )! And truthfulness under treatment, JJ a fair and equal opportunity to compete for all employment positions Matters... 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