About eight months later, respondent amended his answer, correcting some of the falsehoods but still fabricating some of his history. Petitioner, whose principal office is located at Pennsylvania Judicial Center, Suite 2700, 601 Commonwealth Avenue, Harrisburg, Pennsylvania 17106, is invested, pursuant to Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. 2037; amended February 21, 2003, effective February 22, 2003, 33 Pa.B. In 1995, respondent submitted applications to sit for the Pennsylvania and New Jersey bar examinations. Report and Recommendation of the Disciplinary Board, 3/8/04, at 18. Id. Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. WebThe phone number and address are (406) 449-6577, P.O. including drafting correspondence and recommending whether to re-open a matter. 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. 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. Thank you for your interest in employment with the Unified Judicial System of Pennsylvania. This stipulation was accepted by California's medical licensing board. 418 0 obj <>stream (1/4) 27 Feb 2023 13:35:28 WebThe Office of Disciplinary Counsel may obtain the client files of an attorney who has abandoned his or her practice. Your Privacy Choices.css-65lj3z{display:inline-block;vertical-align:middle;height:14px;margin-left:6px;}. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. The Pennsylvania Code website reflects the Pennsylvania Code 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 601 Commonwealth AvenueP.O. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. 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)." (a)Chief Disciplinary Counsel. A client may waive a conflict of interest, but only upon providing informed consent. 4624; amended July 11, 1993, effective immediately, 23 Pa.B. Ability to work without significant supervision. Respondent presented the testimony of Dr. Kramer who testified to respondent's weekly psychiatric visits, mental diagnoses, and progress under treatment. ." The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political Below is a comparison between our most recent version and the prior quarterly release. See In re Iulo, 564 Pa. 205, 766 A.2d 335, 339 (2001). state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. May utilize the assistance of staff (e.g. remain in compliance with such laws. WebThe General Counsel. The provisions of this 85.5 amended through August 30, 1985, effective August 31, 1985, 15 Pa.B. %PDF-1.6 % 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. I agree with the Majority that this Court should order the disbarment of Respondent. No statutes or acts will be found at this website. WebThe Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. 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." As this sanction was not sought by Office of Disciplinary Counsel, we decline to impose it at this juncture. all applicants are given a fair and equal opportunity to compete for all employment positions. Appropriately document each file during the investigation (e.g. In 1998, New Jersey attorney disciplinary authorities learned respondent was a former physician with a record of professional misconduct and discipline. 4448; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. The board further alleged respondent knowingly made false documents and altered surgical treatment records to hide his inept treatment of the patients. Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite OGC Main Office Attorneys. 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. Knowledge of principles, methods, materials, and practices of legal research. Respondent failed to include in either bar application any mention of his medical education, career, or disciplinary proceedings. 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. Joint Stipulation of Law and Facts, 5/7/02, at 13. 217, and shall pay the costs of these proceedings pursuant to Pa.R.D.E. Pennsylvania WebAre you a PA attorney interested in becoming a Hearing Committee Member with the Disciplinary Board? Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. 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. Hearing, 5/8/02, at 146. 39. At the time of respondent's proceedings, these rules were as follows: Rule 8.1 Bar Admission and Disciplinary Matters. . 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. 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. WebDisciplinary Counsel conducts a preliminary review or inquiry. Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. That said, respondent's sins were not such as involved knowledge or legal abilities they were sins of character and truthfulness. Commonwealth v. Stern, 549 Pa. 505, 701 A.2d 568 (1997); Wajert v. State Ethics Comm'n, 491 Pa. 255, 420 A.2d 439 (1980). "Despite the mitigation evidence presented, [r]espondent's actions are too egregious to permit a recommendation of less than disbarment." This position is professional legal work Make your practice more effective and efficient with Casetexts legal research suite. Contact Us. Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. 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. WebOffice of Disciplinary Counsel v. Preski, 635 Pa. 220, 134 A.3d 1027, 1031 (2016). 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. . 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. Appropriately document each file during the investigation (e.g. : c.'`: O f&kDg`Z L 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. Petitioner, whose principal Moreover, we recognize that the sentence imposed by the federal court has already provided Respondent with punishment for his misconduct. detailed updates regarding county-by-county court operations and proceedings. 7348 (November 26, 2022). an interview should request so in advance. 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. 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. Click here to see if our office is in possession of your attorneys files. 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. 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. . We find respondent's level of fraud, which transcended professions and jurisdictions, 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. Starting salary will vary depending upon the qualifications and employment history of the selected candidate. At the hearing, respondent offered the following false testimony: Report and Recommendation of the Disciplinary Board, 3/18/04, at 9-10. 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. 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. Typical Duties: Eligibility. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. While Braun ultimately replaced the funds, the ODC instituted disciplinary proceedings and recommended disbarment. 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. Immediately preceding text appears at serial pages (376986) to (376987). Because respondent was untruthful to his treating psychiatrists during counseling sessions and treatment interviews, Drs. Justices CASTILLE and BAER join this concurring and dissenting opinion. Skill in analyzing and drafting legal documents, legal instruments, and other work product. 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. It is within the inherent and exclusive power of this Court to govern the conduct of attorneys. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. See Renfroe, at 404 (accepting causal connection between misconduct during addiction but still mandating disbarment). Current Maximum Salary: $129,938 While based in ODCs WebMembers of the Commission shall attend an orientation program conducted by the Office of Disciplinary Counsel within six months of appointment. Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement $30 - 75/hour depending on qualifications. 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. 2457; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. Chief Justice CAPPY and Justices NIGRO and SAYLOR join the opinion. Jun 2021 - Present1 year 10 months. 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. However, this Court undoubtedly has the inherent power to revoke a license granted in the first place under this Court's rules and authority. Id. The Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research 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. As directed, take additional action, Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. See comment to amended Pa.R.P.C. 218(b) (disbarred attorney must wait at least five years to apply for reinstatement). Sadoff and Kramer compounded respondent's untruthful testimony. 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." Each of the appellate courts and (following Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 553 A.2d 894 (1989)). Rule 1.4. . 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). 0 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. Bulletin, Vol 45, No. 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). (quoting Office of Disciplinary Counsel v. Keller, 509 Pa. 573, 506 A.2d 872, 879 (1986)). 2729; amended April 25, 1997, effective April 26, 1997, 27 Pa.B. 2021), alloc. . Ensure, that all file documents are stored electronically. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research "Whenever an attorney is dishonest, that purpose is served by disbarment." Box 577, Helena, MT 59624. Webthe integrity of the legal system. granted, 278 A.3d 301 (Pa. 2022), have the potential to dramatically Respondent's Answer to Petition for Discipline, at 3. 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