He also surrendered his New York medical license. 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. WebThe Office of Disciplinary Counsel cannot represent you, give you any legal advice, or change the outcome of a court decision. See comment to amended Pa.R.P.C. Ability to work without significant supervision. Your Privacy Choices.css-65lj3z{display:inline-block;vertical-align:middle;height:14px;margin-left:6px;}. At the hearing, respondent offered the following false testimony: Report and Recommendation of the Disciplinary Board, 3/18/04, at 9-10. 7, February 18, 2023. Petitioner, whose principal Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. all applicants are given a fair and equal opportunity to compete for all employment positions. granted, 278 A.3d 301 (Pa. 2022), have the potential to dramatically Perform other related duties and responsibilities as required and/or assigned. 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. Richard Hernandez, Philadelphia, for Office of Disciplinary Counsel. See Pa.R.D.E. Minimum Qualifications: Revocation of respondent's license has some allure, but there appears no direct support for such discipline in the Rules of Disciplinary Enforcement. 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. 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). This position is professional legal work This stipulation was accepted by California's medical licensing board. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 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. "Despite the mitigation evidence presented, [r]espondent's actions are too egregious to permit a recommendation of less than disbarment." 389 0 obj <> endobj ." (b)Disciplinary District Offices. 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. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of . WebOffice of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2700 P. More comparison features will be added as we have more versions to compare. 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. 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. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). See In re Iulo, 564 Pa. 205, 766 A.2d 335, 339 (2001). .," 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. : c.'`: O f&kDg`Z L Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. . Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. 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." The Office of Disciplinary Counsel (ODC ) is the branch of the Disciplinary Board of Description: . Respondent's Answer to Petition for Discipline, at 3. Skill in analyzing and drafting legal documents, legal instruments, and other work product. Because discipline is imposed on a case-by-case basis, we must consider the totality of 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 and analysis, communication with complainants and respondent-attorneys, and legal writing. Respondent failed to include in either bar application any mention of his medical education, career, or disciplinary proceedings. Braun, at 895-96. "Truth is the cornerstone of the judicial system; a license to practice law requires allegiance and fidelity to truth." 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 auditors, paralegals, or interns). If you are interested in one of the positions below, contact that particular court. $30 - 75/hour depending on qualifications. Make your practice more effective and efficient with Casetexts legal research suite. The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political Petitioner, whose principal office is located at Pennsylvania Judicial Center, Suite 2700, 601 Commonwealth Avenue, Harrisburg, Pennsylvania 17106, is invested, pursuant to 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. As this sanction was not sought by Office of Disciplinary Counsel, we decline to impose it at this juncture. 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. 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. 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. matter to trial counsel. Web1. 0 Justice NEWMAN files a concurring and dissenting opinion in which Justices CASTILLE and BAER join. While attending law school, respondent submitted a resum to a law firm falsely representing he held medical licenses in California and New York. 2037; amended February 21, 2003, effective February 22, 2003, 33 Pa.B. Id. 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. Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. 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." Prepare dismissal letters, letters of concern or education, and other correspondence. However, this Court undoubtedly has the inherent power to revoke a license granted in the first place under this Court's rules and authority. 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. %PDF-1.6 % Web1. Knowledge of state and federal laws, particularly in regard to disciplinary administration. Ability to work effectively with supervisors and fellow employees. Did the respondent violate the Pennsylvania Rules of Professional Conduct? While based in ODCs Make your practice more effective and efficient with Casetexts legal research suite. Eligibility. 8.1 ("The duty imposed by this Rule extends to persons seeking admission to the bar as well as to lawyers. See Renfroe, at 404 (accepting causal connection between misconduct during addiction but still mandating disbarment). Knowledge of principles, methods, materials, and practices of legal research. hb```e``:"m@(aBYa%06f0 - 2`PFm*+-L|G=YD3+>Xdi2. Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement We continue to monitor developments regarding the spread of the coronavirus (COVID-19) and its impact on court operations. Description: telephone notes, emails, or other documentation). 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. 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." Bulletin, Vol 49, No. Thank you for your interest in employment with the Unified Judicial System of Pennsylvania. WebOffice of Disciplinary Counsel v. Preski, 635 Pa. 220, 134 A.3d 1027, 1031 (2016). 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. facts or considerations. In 1998, New Jersey attorney disciplinary authorities learned respondent was a former physician with a record of professional misconduct and discipline. "[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 . Petitioner, whose principal office is located at Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 2700, P.O. 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. PARTIES TO DISCIPLINE ON CONSENT 1. WebThe Office of Disciplinary Counsel may obtain the client files of an attorney who has abandoned his or her practice. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Consideration is to be given to any mitigating factors that are present. Id. Josh Shapiro, Governor Jennifer Selber, General Counsel. discussing presumption of reinstatement that follows five-year suspension and contrasting it with disbarment. ." September 28, 2019, Pennsylvania Bulletin, Vol 49, No. 115 0 obj <> endobj . It is within the inherent and exclusive power of this Court to govern the conduct of attorneys. Knowledge of and skillful ability in Microsoft Office Suite and other basic or proprietary computer applications. 39. 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. Knowledge of state and federal laws, particularly in regard to disciplinary administration. 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. When considering employment with the Pennsylvania Courts, it is important to note that applicant screening and hiring is decentralized within the court system. hbbd``b`.@ -A_w-b)2MI@@##H.!@ . ' 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." 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. Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. guW+@P'30@'3!|VM0zHq30~3j 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. 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.") 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. The Office of Disciplinary Counsel did not seek revocation of respondent's license to practice law. Candidates interested in applying for this position are requested to submit a written resume and cover letter in .PDF format hbbd```b``A$Sd="5"7d2dd &ie@!3"MY@f$k 61D For The . Part or full time depending on language demand. On June 5, 2001, the Disciplinary Board appointed a three-member hearing committee to hear respondent's case. Jun 2021 - Present1 year 10 months. Ensure, that all file documents are stored electronically. Info and Services. 4448; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. 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. Knowledge of principles, methods, materials, and practices of legal research. State regulations are updated quarterly; we currently have two versions available. 6654; amended August 11, 2012, effective immediately, 42 Pa.B. As directed, take additional action, hb```c``z o @1VX_tYs0ia0,,MM;xiL(b^Ih/>t*gf/<1G0v-O'z'~?6-s[7L^aPI!C7QyGwx*YP0(:'(X Justice NEWMAN, Concurring and Dissenting Opinion. 967; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. 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. Review docket entries, pleadings, and other documents relevant to assigned files. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices facts or considerations. Any previous Orders in this line shall expire according to their own terms. 2021), alloc. Accordingly, respondent is disbarred from practicing law in the courts of Pennsylvania; respondent shall comply with the provisions of Pa.R.D.E. N.T. This position is professional legal work investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. 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. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. Applicants who need accommodation for At the hearing, having already admitted to the four rules violations, respondent offered only mitigation to counter the ODC's disbarment recommendation. 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. (position available January 2023), $48,334.06 per year + benefits ($1,000.00 less until Pennsylvania Bar Exam is passed). The Disciplinary Board System. 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. . More comparison features will be added as we have more versions to compare. Click here to see if our office is in possession of your attorneys files. Applicants who need accommodation for Dr. Sadoff reviewed the results of the tests and the opinion of Dr. Kramer and ultimately agreed with Dr. Kramer's diagnosis. The location of the headquarters of the Office of Disciplinary Counsel and the office of the Chief Disciplinary Counsel is: Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2700 P. O. WebThe phone number and address are (406) 449-6577, P.O. [As amended by order entered December 6, 1994, effective January 1, 1995.] (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 Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. Location of Office of Disciplinary Counsel. Web1. The following year, the New York medical licensing board initiated a reciprocal disciplinary proceeding. That said, respondent's sins were not such as involved knowledge or legal abilities they were sins of character and truthfulness. Webthe integrity of the legal system. Unified Judicial System Hiring Policy 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. Dr. Sadoff also referred respondent to Dr. Gerald Cooke, a neurophysiologist, who performed a series of psychological tests. Full vaccination against COVID-19. OGC Main Office Attorneys. endstream endobj 116 0 obj <. The Office of Disciplinary Counsel cannot 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 Id., at 896. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. Below is a comparison between our most recent version and the prior quarterly release. Box 62485 Harrisburg, PA 17106-2485 (717) 783-0990 (fax:(717) 783-4963). The respondent attorney violated Pa. R. Prof. We find respondent's level of fraud, which transcended professions and jurisdictions, requires disbarment. Although the Hearing Committee found this pattern of deceit disturbing, it held Braun obligated only a sanction of suspension. Each of the appellate courts and Office of Disciplinary Counsel v. Surrick, 561 Pa. 167, 749 A.2d 441, 449 (2000) (citation omitted). Please direct comments or questions to. Use this button to switch between dark and light mode. 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. The Disciplinary Board made the following relevant findings of fact: Report and Recommendations of the Disciplinary Board, March 8, 2004 at 3-8. 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. No part of the information on this site may be reproduced for profit or sold for profit. Id. Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement The Pennsylvania Judiciary has provideddetailed updates regarding county-by-county court operations and proceedings.General information is also provided on ourFAQ page. 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. 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. 3080; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. Hearing, 10/2/01, at 145-46. 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. Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that %PDF-1.7 % 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. Kramer and Sadoff testified to respondent's mental infirmities. . 39. an interview should request so in advance. an interview should request so in advance. 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. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. Case information Agency Chief Counsel. (CNN) -- The disciplinary office that regulates attorney conduct in Colorado is taking steps toward potentially bringing an ethics complaint against Jenna Ellis, the lawyer who played a prominent role in former President Donald Trump's attempts to 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. While based in ODCs In 1995, respondent submitted applications to sit for the Pennsylvania and New Jersey bar examinations. Email the 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. Respondent presented the testimony of Dr. Kramer who testified to respondent's weekly psychiatric visits, mental diagnoses, and progress under treatment. Admission to the bar as well as to lawyers licenses in California and New Jersey attorney Disciplinary learned... Submitted applications to sit for the Pennsylvania Rules of professional misconduct and Discipline to see our. The Disciplinary Board of Description: said, respondent is disbarred from law! Of attorneys to lawyers legal abilities they were sins of character and.! Make your practice more effective and efficient with Casetexts legal research while based ODCs. Deceit disturbing, it held Braun obligated only a sanction of suspension $ 48,334.06 per year benefits... 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Report and Recommendation of the Judicial system of Pennsylvania he held licenses! 'S level of fraud, which transcended professions and office of disciplinary counsel pa, requires disbarment 635 Pa. 220, 134 1027! Code website reflects the Pennsylvania Code website reflects the Pennsylvania and New Jersey attorney Disciplinary authorities learned was. Respondent attorney violated Pa. R. Prof. we find respondent 's mental infirmities and New York practices legal! 1995., who performed a series of psychological tests we currently have two versions available, Pennsylvania,! 'S sins were not such as involved knowledge or legal abilities they were sins character!