WebOffice of Disciplinary Counsel 201 Merchant Street, Suite 1600 Honolulu, Hawaii 96813 Phone: (808) 521-4591 For access to Traffic cases; District Court, Circuit Court, and Family Court criminal; District Court, Circuit Court civil, and Family Court civil; Land Court and Tax Appeal Court; and appellate court case information. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices 5552. 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. 4448; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. an interview should request so in advance. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. Office of Disciplinary Counsel v. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). 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. 8.1 ("The duty imposed by this Rule extends to persons seeking admission to the bar as well as to lawyers. WebThe Office of Disciplinary Counsel may obtain the client files of an attorney who has abandoned his or her practice. 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." ("Respondent has been a fraudulent member of this bar since the very beginning of the process. [As amended by order entered December 6, 1994, effective January 1, 1995.] 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. In 1992, while respondent was finalizing his medical license debacles, he was accepted at Temple University School of Law. September 28, 2019, Pennsylvania Code (Rules and Regulations), Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS, Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA, 204 Pa. Code 85.5 - Location of Office of Disciplinary Counsel. In 1984, respondent was granted a license to practice medicine and surgery in California, and he moved there in April, 1985. Knowledge of principles, methods, materials, and practices of legal research. Id. Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement For the reasons discussed below, we hold respondent's misconduct and continuous pattern of deceit and dishonesty warrants disbarment. 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 (b)Disciplinary District Offices. 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 6654; amended August 11, 2012, effective immediately, 42 Pa.B. 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). 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. 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." (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 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. 164 0 obj <>stream . Pa. R. Prof. Webthe integrity of the legal system. Ensure, that all file documents are stored electronically. Web1. WebThe phone number and address are (406) 449-6577, P.O. ." 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." 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. 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. (a)Chief Disciplinary Counsel. 2729; amended April 25, 1997, effective April 26, 1997, 27 Pa.B. 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. The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that affiliation, race, color, age, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or other non-merit 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.") However, this Court undoubtedly has the inherent power to revoke a license granted in the first place under this Court's rules and authority. an interview should request so in advance. Josh Shapiro, Governor Jennifer Selber, General Counsel. 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. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. 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 39. Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. Correspond and communicate with complainants to seek additional information regarding their complaints. Joint Stipulation of Law and Facts, 5/7/02, at 13. 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." changes effective through 52 Pa.B. Web1. 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. There are a number of disciplinary cases involving simple assaults. discussing presumption of reinstatement that follows five-year suspension and contrasting it with disbarment. %%EOF Fairness. In 1998, New Jersey attorney disciplinary authorities learned respondent was a former physician with a record of professional misconduct and discipline. 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. 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. 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. . This position is professional legal work The Hearing Committee rejected a disbarment sanction, finding it significant that respondent had not been previously disciplined by the Pennsylvania Disciplinary Board, his fellow attorneys testified they were confident practicing with him, and respondent had "establish[ed] the existence of numerous psychiatric disorders which were causally connected to the misconduct at issue in this Commonwealth. While based in ODCs 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. Office of Disciplinary Counsel v. Grigsby, 493 Pa. 194, 425 A.2d 730, 733 (1981). See Pa.R.D.E. Chief Justice CAPPY and Justices NIGRO and SAYLOR join the opinion. The Pennsylvania Judiciary has provideddetailed updates regarding county-by-county court operations and proceedings.General information is also provided on ourFAQ page. 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. At the hearing, having already admitted to the four rules violations, respondent offered only mitigation to counter the ODC's disbarment recommendation. Review docket entries, pleadings, and other documents relevant to assigned files. Starting salary will vary depending upon the qualifications and employment history of the selected candidate. 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. Web1. Below is a comparison between our most recent version and the prior quarterly release. Appropriately document each file during the investigation (e.g. 208(g). %PDF-1.6 % Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. Ability to work without significant supervision. Report of Hearing Committee 1.03, 6/10/03, at 21-22. endstream endobj startxref September 28, 2019, Pennsylvania Bulletin, Vol 49, No. The New Jersey disciplinary hearing was held June 26, 2000, and Drs. Immediately preceding text appears at serial pages (376986) to (376987). 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. Filing of a complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening. detailed updates regarding county-by-county court operations and proceedings. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. He agreed to surrender his California medical license. Correspond and communicate with complainants to seek additional information regarding their complaints. Id. It seems justified in this particular instance that [r]espondent be required to start from the very beginning if he desires to practice law in Pennsylvania."). (quoting Office of Disciplinary Counsel v. Keller, 509 Pa. 573, 506 A.2d 872, 879 (1986)). See Renfroe, at 404 (accepting causal connection between misconduct during addiction but still mandating disbarment). Petitioner sought to impose discipline on the respondent for violating Pa. R. Prof. . Info and Services. auditors, paralegals, or interns). 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. 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. Did the respondent violate the Pennsylvania Rules of Professional Conduct? Sadoff and Kramer compounded respondent's untruthful testimony. .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 Additional Requirements: Each of the appellate courts and Accordingly, respondent is disbarred from practicing law in the courts of Pennsylvania; respondent shall comply with the provisions of Pa.R.D.E. Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that 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. Report and Recommendation of the Disciplinary Board, 3/8/04, at 18. Prepare dismissal letters, letters of concern or education, and other correspondence. WebOffice of Disciplinary Counsel. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. While based in ODCs Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. 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