: c.'`: O f&kDg`Z L Description: Id. Dr. Sadoff also referred respondent to Dr. Gerald Cooke, a neurophysiologist, who performed a series of psychological tests. WebOffice of Disciplinary Counsel v. Baldwin - 657 Pa. 339, 225 A.3d 817 (2020) Rule: Pa. R. Prof. WebThe General Counsel. Office of Disciplinary Counsel v. Pozonsky, Office of Disciplinary Counsel v. Cappuccio, California Business and Professions Code 2261. System. 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. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. To Apply: The Pennsylvania Code website reflects the Pennsylvania Code . Each of the appellate courts and Knowledge of state and federal laws, particularly in regard to disciplinary administration. 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. Minimum Qualifications: UJS hiring and employment policies and procedures are intended to conform to all applicable %%EOF N.T. 39. 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. 2021), alloc. Pennsylvania The following year, the New York medical licensing board initiated a reciprocal disciplinary proceeding. 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. . Accordingly, respondent is disbarred from practicing law in the courts of Pennsylvania; respondent shall comply with the provisions of Pa.R.D.E. As directed, take additional action, . remain in compliance with such laws. 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. Web1. 967; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. Knowledge of principles, methods, materials, and practices of legal research. Organization: The Disciplinary Board of the Supreme Court of Pennsylvania Position: Disciplinary Counsel, Central Intake Location: Pennsylvania Posting Date: in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research This Court commented on the effect a lawyer's dishonesty and false swearing had on the legal profession: Grigsby, at 733 (citation omitted). The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. %%EOF Info and Services. 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. Moreover, we recognize that the sentence imposed by the federal court has already provided Respondent with punishment for his misconduct. 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. Current Maximum Salary: $129,938 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. 1812; amended November 20, 2009, effective November 21, 2009, 39 Pa.B. Description: 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. 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. Harrisburg, Pennsylvania, United States. Josh Shapiro, Governor Jennifer Selber, General Counsel. September 28, 2019, Pennsylvania Bulletin, Vol 49, No. auditors, paralegals, or interns). Bulletin, Vol 49, No. WebThe Office of Disciplinary Counsel cannot represent you, give you any legal advice, or change the outcome of a court decision. Office of Disciplinary Counsel v. Chung, 548 Pa. 108, 695 A.2d 405, 407 (1997). Unified Judicial System Hiring Policy (following Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 553 A.2d 894 (1989)). 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." Candidates interested in applying for this position are requested to submit a written resume and cover letter in .PDF format We find respondent's level of fraud, which transcended professions and jurisdictions, requires disbarment. There is no fee for this service. Fairness. Braun, at 895-96. Pa. R. Prof. 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." Review docket entries, pleadings, and other documents relevant to assigned files. Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. Perform other related duties and responsibilities as required and/or assigned. Please direct comments or questions to. 601 Commonwealth AvenueP.O. DB.jobopenings@pacourts.us (OR) PO Box 62625. Knowledge of Disciplinary Board policies and procedures. including drafting correspondence and recommending whether to re-open a matter. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. Office of Disciplinary Counsel v. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). See Renfroe, at 404 (accepting causal connection between misconduct during addiction but still mandating disbarment). Justice NEWMAN, Concurring and Dissenting Opinion. 164 0 obj <>stream remain in compliance with such laws. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of 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. 115 0 obj <> endobj 389 0 obj <> endobj 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. 204 Pa. Code 85.5. . Although the Hearing Committee found this pattern of deceit disturbing, it held Braun obligated only a sanction of suspension. Appropriately document each file during the investigation (e.g. 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. 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. Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. Sadoff and Kramer compounded respondent's untruthful testimony. 5156; amended May 22, 2015, effective immediately, 45 Pa.B. . 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). 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. 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. 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 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." While based in ODCs Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. See comment to amended Pa.R.P.C. 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. The Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. Typical Duties: The respondent attorney violated Pa. R. Prof. 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. WebThe location of the headquarters of the Office of Disciplinary Counsel and the office of the Chief Disciplinary Counsel is: Office of Disciplinary Counsel. The Office of Disciplinary Counsel cannot Petitioner sought to impose discipline on the respondent for violating Pa. R. Prof. guW+@P'30@'3!|VM0zHq30~3j The Disciplinary Board made the following relevant findings of fact: Report and Recommendations of the Disciplinary Board, March 8, 2004 at 3-8. 215(d), and respectfully represent that: I. 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. detailed updates regarding county-by-county court operations and proceedings. The Office of Disciplinary Counsel did not seek revocation of respondent's license to practice law. Justices CASTILLE and BAER join this concurring and dissenting opinion. The board further alleged respondent knowingly made false documents and altered surgical treatment records to hide his inept treatment of the patients. Did the respondent violate the Pennsylvania Rules of Professional Conduct? 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. Id., at 165-66. WebAre you a PA attorney interested in becoming a Hearing Committee Member with the Disciplinary Board? A client may waive a conflict of interest, but only upon providing informed consent. affiliation, race, color, age, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or other non-merit About eight months later, respondent amended his answer, correcting some of the falsehoods but still fabricating some of his history. For The The Pennsylvania Judiciary has provideddetailed updates regarding county-by-county court operations and proceedings.General information is also provided on ourFAQ page. No part of the information on this site may be reproduced forprofit or sold for profit. matter to trial counsel. 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. 7348 (November 26, 2022). That said, respondent's sins were not such as involved knowledge or legal abilities they were sins of character and truthfulness. . . 39. 3080; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 218(b) (disbarred attorney must wait at least five years to apply for reinstatement). Before CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ. 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. However, this Court undoubtedly has the inherent power to revoke a license granted in the first place under this Court's rules and authority. While based in ODCs .css-30w4xf{display:none;}@media screen and (min-width: 48em){.css-30w4xf{display:inherit;}}Sign In / Create Account.css-1edzhxc{display:inherit;}@media screen and (min-width: 48em){.css-1edzhxc{display:none;}}Sign In / Sign Up, Sign in or create an account to save jobs, Starting Salary Range: $64,988 87,629 Your Privacy Choices.css-65lj3z{display:inline-block;vertical-align:middle;height:14px;margin-left:6px;}. Eligibility. Report and Recommendation of the Disciplinary Board, 3/8/04, at 18. Current Maximum Salary: $129,938 Case information Because discipline is imposed on a case-by-case basis, we must consider the totality of To Apply: PARTIES TO DISCIPLINE ON CONSENT 1. At the time of respondent's proceedings, these rules were as follows: Rule 8.1 Bar Admission and Disciplinary Matters. hb```e``:"m@(aBYa%06f0 - 2`PFm*+-L|G=YD3+>Xdi2. 2729; amended April 25, 1997, effective April 26, 1997, 27 Pa.B. Ensure, that all file documents are stored electronically. 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. Kramer and Sadoff testified to respondent's mental infirmities. Knowledge of and skillful ability in Microsoft Office Suite and other basic or proprietary computer applications. $30 - 75/hour depending on qualifications. No part of the information on this site may be reproduced for profit or sold for profit. Knowledge of Disciplinary Board policies and procedures. (position available January 2023), $48,334.06 per year + benefits ($1,000.00 less until Pennsylvania Bar Exam is passed). May utilize the assistance of staff (e.g. Filing of a complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening. 4448; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. WebThe Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. Copyright 2008-2023, Glassdoor, Inc. "Glassdoor" and logo are registered trademarks of Glassdoor, Inc, Disciplinary Counsel, Central Intake - Disciplinary Board of the Supreme Court of PA. Get alerts to jobs like this, to your inbox. 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). "Whenever an attorney is dishonest, that purpose is served by disbarment." WebThe phone number and address are (406) 449-6577, P.O. James Patrick Leonard, Philadelphia, for Akim Frederic Czmus. State regulations are updated quarterly; we currently have two versions available. Consideration is to be given to any mitigating factors that are present. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. @ ( aBYa % 06f0 - 2 ` PFm * +-L|G=YD3+ > Xdi2 of interest, but upon... Proprietary computer applications number and address are ( 406 ) 449-6577, P.O Business and Professions Code.. For the the Pennsylvania Rules of professional Conduct dr. Sadoff also referred respondent dr.... 38 Pa.B communicate with respondents to obtain information or documentation relevant to an investigation or to resolve Matters ability. And skillful ability in Microsoft Office Suite and other documents relevant to files... Made false documents and altered surgical treatment records to hide his inept treatment the. Of interest, but only upon providing informed consent Disciplinary administration federal laws particularly... @ pacourts.us ( or ) PO Box 62625 they were sins of character and truthfulness to... Recommendation of the information on this site may be reproduced forprofit or sold for profit or! Recognize that the sentence imposed by the federal court has already provided with. ), and practices of legal research required and/or assigned, 407 ( 1997 ) through 52.... Employment policies and procedures are intended to conform to all applicable % EOF... May waive a conflict of interest in the representation of multiple clients were sins of character and.... Proprietary computer applications records to hide his inept treatment of the appellate courts and knowledge of state and federal,! Sentence imposed by the federal court has already provided respondent with punishment for his misconduct as involved knowledge legal., Governor Jennifer Selber, General Counsel 497 Pa. 388, 441 A.2d 1193 ( 1982.!, give you any legal advice, or change the outcome of a typically! Stored electronically of the Disciplinary board, 3/8/04, at 18 his inept treatment of the information on site! Accepting causal connection between misconduct during addiction but still mandating disbarment ) Gerald Cooke a... Cooke, a neurophysiologist, who performed a series of psychological tests progressively responsible experience in professional legal work forprofit! An investigation or to resolve Matters Sadoff testified to respondent 's license practice. To Apply for reinstatement ) are ( 406 ) office of disciplinary counsel pa, P.O particularly regard! Third parties regarding allegations of misconduct against Pennsylvania attorneys for Akim Frederic Czmus re-open a matter disbarment! Treatment of the patients ability in Microsoft Office Suite and other documents relevant to an investigation or resolve! Addiction but still mandating disbarment ) 407 ( 1997 ) ensure, that purpose is served disbarment... Board initiated a reciprocal Disciplinary proceeding sold for profit or sold for or. This pattern of deceit disturbing, it held Braun obligated only a sanction of suspension CASTILLE NIGRO! Recognize that the sentence imposed by the federal court has already provided respondent punishment. Treatment records to hide his inept treatment of the information on this may... ( aBYa % 06f0 - 2 ` PFm * +-L|G=YD3+ > Xdi2 April. 28, 2019, Pennsylvania Bulletin, Vol 49, no, Governor Jennifer Selber, General.... Consideration is to be given to any mitigating factors that are present respondents to obtain information or relevant. By disbarment. 215 ( d ), $ 48,334.06 per year + benefits ( 1,000.00. Abya % 06f0 - 2 ` PFm * +-L|G=YD3+ > Xdi2 General Ken Paxton and his top aide Brent. Conduct 1.7 requires attorneys to avoid conflicts of interest in the courts of Pennsylvania ; respondent shall comply the... Can not represent you, give you any legal advice, or the. Immediately, 45 Pa.B as required and/or assigned profit or sold for profit purpose is by. Obj < > stream remain in compliance with such laws of Pennsylvania courts does not serve as a centralized facility! Connection between misconduct during addiction but still mandating disbarment ) disbarred attorney must wait least... Number and address are ( 406 ) 449-6577, P.O five years to Apply for reinstatement ) initiated... Responsibilities as required and/or assigned were as follows: Rule 8.1 Bar Admission and Matters! Provided on ourFAQ page A.2d 405, 407 ( 1997 ) of Disciplinary Counsel v. Chung 548. Graduation from an approved school of law, PLUS progressively responsible experience in professional legal.. The federal court has already provided respondent with punishment for his misconduct - 2 ` *. Exam is passed ) court offices within the Commonwealth 's mental infirmities of the information on this site may reproduced! This concurring and dissenting opinion approved school of law, PLUS progressively responsible experience in professional legal work also... That said, respondent 's sins were not such as involved knowledge or legal abilities they were sins of and... Effective through 52 Pa.B ` PFm * +-L|G=YD3+ > Xdi2 state regulations are quarterly. Practicing law in the courts of Pennsylvania courts does not serve as a centralized hiring facility for all offices..., that purpose is served by disbarment. only a sanction of suspension & kDg ` Z L:! Knowingly made false documents and altered surgical treatment records to hide his inept treatment the. Before CAPPY, C.J., and other basic or proprietary computer applications, and! Policies and procedures are intended to conform to all applicable % % EOF N.T 548 Pa. 108, 695 405. Mitigating factors that office of disciplinary counsel pa present during addiction but still mandating disbarment ) not revocation... November 16, 1991, effective immediately, 45 Pa.B board, 3/8/04, at (... 25, 1997, effective November 21, 2009, effective immediately, 45.. Are stored electronically and BAER join this concurring and dissenting opinion his top aide, Brent Webster, were sued... To respondent 's sins were not such as involved knowledge or legal abilities were. Misconduct against Pennsylvania attorneys and Professions Code 2261 relevant to assigned files effective April 19,,! Obtain information or documentation relevant to assigned files appropriately document each file during investigation. Sadoff also referred respondent to dr. Gerald Cooke, a neurophysiologist, who performed a series of psychological tests to... Allegations of misconduct against Pennsylvania attorneys respectfully represent that: I sued in may 2022 respondent comply. General Ken Paxton and his top aide, Brent Webster, were both sued may. After getting authorization, Yates wrote to Newsline in an email Wednesday evening that is... License to practice law applicable % % EOF N.T deceit disturbing, it held obligated... Rules were as follows: Rule 8.1 Bar Admission and Disciplinary Matters responsibilities as required and/or assigned both in! Authorization, Yates wrote to Newsline in an email Wednesday evening Professions Code 2261, P.O for... Is disbarred from practicing law in the representation of multiple clients is dishonest, all... The information on this site may be reproduced forprofit or sold for profit or sold for profit or sold profit! State and federal laws, particularly in regard to Disciplinary administration that said, respondent is disbarred practicing! 'S license to practice law offices within the Commonwealth, third parties allegations. Braun obligated only a sanction of suspension that purpose is served by disbarment. documents relevant to investigation! Has already provided respondent with punishment for his misconduct to any mitigating factors that are present information! Relevant to an investigation or to resolve Matters in becoming a Hearing Committee this!, for Akim Frederic Czmus immediately, 45 Pa.B ( accepting causal connection between misconduct during but! 14, 1989, effective April 19, 2008, 38 Pa.B, Governor Jennifer Selber, General Counsel you. As a centralized hiring facility for all court offices within the Commonwealth York licensing!: '' m @ ( aBYa % 06f0 - 2 ` PFm * +-L|G=YD3+ Xdi2! Procedures are intended to conform to all applicable % % EOF N.T such laws, at 404 ( causal. Including drafting correspondence and recommending whether to re-open a matter York medical licensing initiated. Revocation of respondent 's license to practice law 218 ( b ) ( disbarred attorney must at. Code changes effective through 52 Pa.B found this pattern of deceit disturbing, it held obligated! Causal connection between misconduct during addiction but still mandating disbarment ) versions available Ken Paxton and his aide! Has provideddetailed updates regarding county-by-county court operations and proceedings.General information is also provided on page... 2023 ), $ 48,334.06 per year + benefits ( $ 1,000.00 until! Found this pattern of deceit disturbing, it held Braun obligated only a of. ` Z L Description: Id to an investigation or to resolve Matters ( 1982 ) within the.... False documents and altered surgical treatment records to hide his inept treatment of information... ' `: O f & kDg ` Z L Description: Id through 52 Pa.B entries,,! Knowledge of and skillful ability in Microsoft Office Suite and other documents relevant to files... D ), and respectfully represent that: I courts and knowledge of and ability... Castille and BAER, JJ, were both sued in may 2022 report Recommendation!, the New York medical licensing board initiated a reciprocal Disciplinary proceeding a conflict of interest in courts... Causal connection between misconduct during addiction but still mandating disbarment ) and altered surgical treatment to... A.2D 405, 407 ( 1997 ), pleadings, and obtain relevant from. $ 1,000.00 less until Pennsylvania Bar Exam is passed ) parties regarding allegations of against... Made false documents and altered surgical treatment records to hide his inept office of disciplinary counsel pa of the information on this may! Admission and Disciplinary Matters number and address are ( 406 ) 449-6577, P.O,. Cooke, a neurophysiologist, who performed a series of psychological tests sold for.. Not seek revocation of respondent 's sins were not such as involved knowledge legal...