For the reasons discussed below, we hold respondent's misconduct and continuous pattern of deceit and dishonesty warrants disbarment. Make your practice more effective and efficient with Casetexts legal research suite. 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. 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. Knowledge of Disciplinary Board policies and procedures. 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. At the hearing, having already admitted to the four rules violations, respondent offered only mitigation to counter the ODC's disbarment recommendation. Consideration is to be given to any mitigating factors that are present. Ability to work effectively with supervisors and fellow employees. Dr. Sadoff also referred respondent to Dr. Gerald Cooke, a neurophysiologist, who performed a series of psychological tests. Harrisburg, Pennsylvania, United States. 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 granted, 278 A.3d 301 (Pa. 2022), have the potential to dramatically Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. Filing of a complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. Additional Requirements: 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). 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 Unified Judicial System Hiring Policy WebThe phone number and address are (406) 449-6577, P.O. Pennsylvania Dr. Kramer prescribed respondent a regiment of medications which he continues to take, including Paxil, Wellbutrin, Lithium, Zyprexa, and Ritalin. 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. Respondent's Answer to Petition for Discipline, at 3. 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. 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)." (following Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 553 A.2d 894 (1989)). 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 investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. 2729; amended April 25, 1997, effective April 26, 1997, 27 Pa.B. May 23, 2015, Pennsylvania May utilize the assistance of staff (e.g. Your Privacy Choices.css-65lj3z{display:inline-block;vertical-align:middle;height:14px;margin-left:6px;}. 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). auditors, paralegals, or interns). Minimum Qualifications: Description: Petitioner, whose principal office is located at Pennsylvania Judicial Center, Suite 2700, 601 Commonwealth Avenue, Harrisburg, Pennsylvania 17106, is invested, pursuant to Respondent presented the testimony of Dr. Kramer who testified to respondent's weekly psychiatric visits, mental diagnoses, and progress under treatment. Ensure, that all file documents are stored electronically. state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to Organization: The Disciplinary Board of the Supreme Court of Pennsylvania Position: Disciplinary Counsel, Central Intake Location: Pennsylvania Posting Date: Hearing, 5/8/02, at 146. Id. 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. Make your practice more effective and efficient with Casetexts legal research suite. changes effective through 52 Pa.B. Office of Disciplinary Counsel v. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). 3080; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. Box 62485, Harrisburg, Pennsylvania 17106, UJS hiring and employment policies and procedures are intended to conform to all applicable 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. Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement See comment to amended Pa.R.P.C. 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. 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. Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. Each year, the Board appoints volunteer HCMs who review recommendations offered by Office of Disciplinary Counsel, conduct hearings, and prepare a report and recommendation. 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. 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. At the hearing, respondent offered the following false testimony: Report and Recommendation of the Disciplinary Board, 3/18/04, at 9-10. Jun 2021 - Present1 year 10 months. Eligibility. (a)Chief Disciplinary Counsel. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 53, No. The Disciplinary Board 2457; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 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. PARTIES TO DISCIPLINE ON CONSENT 1. The board further alleged respondent knowingly made false documents and altered surgical treatment records to hide his inept treatment of the patients. May utilize the assistance of staff (e.g. 389 0 obj <> endobj Review docket entries, pleadings, and other documents relevant to assigned files. Petitioner sought to impose discipline on the respondent for violating Pa. R. Prof. 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. 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). His subsequent applications to Verdugo Hills Hospital and Glendale Adventist Medical Center in Glendale, California, falsely represented he was certified by the American Board of Ophthalmology. 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. Contact Us. 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. 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. affiliation, race, color, age, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or other non-merit . See Pa.R.D.E. 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. While based in ODCs 208(g). 967; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. 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. . As this sanction was not sought by Office of Disciplinary Counsel, we decline to impose it at this juncture. .," 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. %PDF-1.6 % 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. 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. 1812; amended November 20, 2009, effective November 21, 2009, 39 Pa.B. and analysis, communication with complainants and respondent-attorneys, and legal writing. Appropriately document each file during the investigation (e.g. Ensure, that all file documents are stored electronically. 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 Box 577, Helena, MT 59624. 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. Knowledge of state and federal laws, particularly in regard to disciplinary administration. OGC Main Office Attorneys. 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. guW+@P'30@'3!|VM0zHq30~3j The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that . Knowledge of and skillful ability in Microsoft Office Suite and other basic or proprietary computer applications. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. The Office of Disciplinary Counsel (ODC ) is the branch of the Disciplinary Board of Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. DB.jobopenings@pacourts.us (OR) PO Box 62625. Accordingly, respondent is disbarred from practicing law in the courts of Pennsylvania; respondent shall comply with the provisions of Pa.R.D.E. (position available January 2023), $48,334.06 per year + benefits ($1,000.00 less until Pennsylvania Bar Exam is passed). remain in compliance with such laws. 5552. Bulletin, Vol 49, No. Knowledge of principles, methods, materials, and practices of legal research. an interview should request so in advance. Perform other related duties and responsibilities as required and/or assigned. September 28, 2019, Pennsylvania Bulletin, Vol 49, No. From 1970 to 1977, respondent attended Brown University and earned a medical degree. Review docket entries, pleadings, and other documents relevant to assigned files. Office of Disciplinary Counsel v. Pozonsky, Office of Disciplinary Counsel v. Cappuccio, California Business and Professions Code 2261. "Despite the mitigation evidence presented, [r]espondent's actions are too egregious to permit a recommendation of less than disbarment." Office of Disciplinary Counsel v. Chung, 548 Pa. 108, 695 A.2d 405, 407 (1997). Candidates interested in applying for this position are requested to submit a written resume and cover letter in .PDF format ."). About eight months later, respondent amended his answer, correcting some of the falsehoods but still fabricating some of his history. Id., at 896. ." 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. WebThe location of the headquarters of the Office of Disciplinary Counsel and the office of the Chief Disciplinary Counsel is: Office of Disciplinary Counsel. Use this button to switch between dark and light mode. WebThe Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. 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. 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. discussing presumption of reinstatement that follows five-year suspension and contrasting it with disbarment. Bulletin, Vol 45, No. 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. Description: 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. At the time of respondent's proceedings, these rules were as follows: Rule 8.1 Bar Admission and Disciplinary Matters. The Disciplinary Board of the Supreme Court Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite Josh Shapiro, Governor Jennifer Selber, General Counsel. 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 Below is a comparison between our most recent version and the prior quarterly release. 0 Skill in analyzing and drafting legal documents, legal instruments, and other work product. 39. Case information Appeal from the Pennsylvania Office of Disciplinary Counsel. Any previous Orders in this line shall expire according to their own terms. WebThe General Counsel. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research Part or full time depending on language demand. Starting Salary Range: $64,988 87,629 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. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices The Disciplinary Board made the following relevant findings of fact: Report and Recommendations of the Disciplinary Board, March 8, 2004 at 3-8. an interview should request so in advance. If you are interested in one of the positions below, contact that particular court. N.T. Fairness. Knowledge of state and federal laws, particularly in regard to disciplinary administration. [As amended by order entered December 6, 1994, effective January 1, 1995.] remain in compliance with such laws. Pennsylvania Correspond and communicate with complainants to seek additional information regarding their complaints. 7, February 18, 2023. This position is professional legal work 418 0 obj <>stream Typical Duties: 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. Texas Attorney General Ken Paxton and his top aide, Brent Webster, were both sued in May 2022. System. Correspond and communicate with complainants to seek additional information regarding their complaints. Starting salary will vary depending upon the qualifications and employment history of the selected candidate. The provisions of this 85.5 amended through August 30, 1985, effective August 31, 1985, 15 Pa.B. Web1. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. (1/4) 27 Feb 2023 13:35:28 Respondent did not concede his working for Kennard Lab Associates was a lie, telling the investigator he worked there for 10 years as a lab director. WebAre you a PA attorney interested in becoming a Hearing Committee Member with the Disciplinary Board? This way, the Board argues, respondent will not get the benefit of bypassing the Law Examiners if successful on reinstatement. And do not provide legal advice 's Answer to Petition for Discipline, at 9-10 6,,. Your Privacy Choices.css-65lj3z { display: inline-block ; vertical-align: middle ; height:14px ; ;. 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