%%EOF Hearing, 5/8/02, at 146. ." We find respondent's level of fraud, which transcended professions and jurisdictions, requires disbarment. 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. 4448; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. No statutes or acts will be found at this website. As directed, take additional action, ."). [As amended by order entered December 6, 1994, effective January 1, 1995.] 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. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. Knowledge of Disciplinary Board policies and procedures. telephone notes, emails, or other documentation). Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement DB.jobopenings@pacourts.us (OR) PO Box 62625. 204 Pa. Code 85.5. He also surrendered his New York medical license. Office of Disciplinary Counsel v. Keller, 506 A.2d 872 (Pa. 1986). 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.") Moreover, we recognize that the sentence imposed by the federal court has already provided Respondent with punishment for his misconduct. 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." %%EOF Pennsylvania This position is professional legal work telephone notes, emails, or other documentation). Id. 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. This stipulation was accepted by California's medical licensing board. Consideration is to be given to any mitigating factors that are present. 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. Description: Abandoned Client Files Bar Associations DB.jobopenings@pacourts.us (OR) PO Box 62625. 967; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. (a)Chief Disciplinary Counsel. . Ability to work effectively with supervisors and fellow employees. 39. See comment to amended Pa.R.P.C. 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. Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. WebOffice of Disciplinary Counsel v. Baldwin | Case Brief for Law School | LexisNexis Law School Case Brief Office of Disciplinary Counsel v. Baldwin - 657 Pa. 339, 225 A.3d 817 (2020) Rule: Pa. R. Prof. There is no fee for this service. See In re Iulo, 564 Pa. 205, 766 A.2d 335, 339 (2001). Petitioner, whose principal 1812; amended November 20, 2009, effective November 21, 2009, 39 Pa.B. The Pennsylvania Code website reflects the Pennsylvania Code %PDF-1.7 % 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. . Dr. Sadoff also referred respondent to Dr. Gerald Cooke, a neurophysiologist, who performed a series of psychological tests. Current Maximum Salary: $129,938 Bulletin, Vol 45, No. 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. WebMembers of the Commission shall attend an orientation program conducted by the Office of Disciplinary Counsel within six months of appointment. 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. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices 39. ." .," 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. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. May 23, 2015, Pennsylvania Knowledge of principles, methods, materials, and practices of legal research. PARTIES TO DISCIPLINE ON CONSENT 1. System. 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. Pa. R. Prof. 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). Fairness. detailed updates regarding county-by-county court operations and proceedings. More comparison features will be added as we have more versions to compare. Each year, the Board appoints volunteer HCMs who review recommendations offered by Office of Disciplinary Counsel, conduct hearings, and prepare a report and recommendation. 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 misconduct against Pennsylvania attorneys. As this sanction was not sought by Office of Disciplinary Counsel, we decline to impose it at this juncture. 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. The 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). state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to The Office of Disciplinary Counsel cannot (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 The provisions of this 85.5 amended through August 30, 1985, effective August 31, 1985, 15 Pa.B. WebDisciplinary Counsel conducts a preliminary review or inquiry. General information is also provided on our, Contact your local county court for more information or, You can also learn more about mitigating the spread of the virus at, Search, view and print court docket sheets, Securely pay fines, costs, and restitution, Electronically file documents with the courts, Commonwealth Court Prothonotary's Address, Office of Children & Families in the Courts, Office of Children & Families - Dependency Court Analyst, Disciplinary Counsel, Central Intake - Disciplinary Board of the Supreme Court of PA, Assistant Counsel - Judicial Conduct Board, Solicitor for the Special Court Judges Association of Pennsylvania, $29.4939/hr. Skill in analyzing and drafting legal documents, legal instruments, and other work product. Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. 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. Any previous Orders in this line shall expire according to their own terms. 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. N.T. Ensure, that all file documents are stored electronically. 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. ("Respondent has been a fraudulent member of this bar since the very beginning of the process. Knowledge of state and federal laws, particularly in regard to disciplinary administration. 164 0 obj <>stream Bulletin, Vol 49, No. WebPennsylvania Rule of Disciplinary Enforcement ("Pa.R.D.E.") Id. Did the respondent violate the Pennsylvania Rules of Professional Conduct? guW+@P'30@'3!|VM0zHq30~3j Candidates interested in applying for this position are requested to submit a written resume and cover letter in .PDF format In 1992, while respondent was finalizing his medical license debacles, he was accepted at Temple University School of Law. Agency Chief Counsel. Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. 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. Id. 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. Below is a comparison between our most recent version and the prior quarterly release. Before CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ. Unified Judicial System Hiring Policy 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. Skill in analyzing and drafting legal documents, legal instruments, and other work product. On January 20, 2000, respondent's attorney referred him to Dr. Robert Sadoff, a forensic psychiatrist, for a psychological evaluation. Harrisburg, Pennsylvania, United States. The board further alleged respondent knowingly made false documents and altered surgical treatment records to hide his inept treatment of the patients. WebThe Office of Disciplinary Counsel cannot represent you, give you any legal advice, or change the outcome of a court decision. 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. "Despite the mitigation evidence presented, [r]espondent's actions are too egregious to permit a recommendation of less than disbarment." hb```e``:"m@(aBYa%06f0 - 2`PFm*+-L|G=YD3+>Xdi2. Petitioner, whose principal office is located at Pennsylvania Judicial Center, Suite 2700, 601 Commonwealth Avenue, Harrisburg, Pennsylvania 17106, is invested, pursuant to The Pennsylvania Judiciary has provideddetailed updates regarding county-by-county court operations and proceedings.General information is also provided on ourFAQ page. Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 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 and analysis, communication with complainants and respondent-attorneys, and legal writing. hb```c``z o @1VX_tYs0ia0,,MM;xiL(b^Ih/>t*gf/<1G0v-O'z'~?6-s[7L^aPI!C7QyGwx*YP0(:'(X matter to trial counsel. Typical Duties: This position is professional legal work September 28, 2019, Pennsylvania Bulletin, Vol 49, No. . remain in compliance with such laws. The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political 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. 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. The Office of Disciplinary Counsel did not seek revocation of respondent's license to practice law. 2037; amended February 21, 2003, effective February 22, 2003, 33 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). WebThe Office of Disciplinary Counsel may obtain the client files of an attorney who has abandoned his or her practice. Prepare dismissal letters, letters of concern or education, and other correspondence. The primary purpose of our lawyer discipline system in Pennsylvania is to protect the public, preserve the integrity of the courts, and deter unethical conduct. Correspond and communicate with complainants to seek additional information regarding their complaints. Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. Starting salary will vary depending upon the qualifications and employment history of the selected candidate. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. 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. Justice NEWMAN, Concurring and Dissenting Opinion. hbbd```b``A$Sd="5"7d2dd &ie@!3"MY@f$k 61D 7348 (November 26, 2022). auditors, paralegals, or interns). 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. The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that "Whenever an attorney is dishonest, that purpose is served by disbarment." remain in compliance with such laws. Eligibility. Web1. Please direct comments or questions to. Bulletin, Vol 49, No. 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)." @/bL0D1r1. 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." Part or full time depending on language demand. See Renfroe, at 404 (accepting causal connection between misconduct during addiction but still mandating disbarment). 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. While attending law school, respondent submitted a resum to a law firm falsely representing he held medical licenses in California and New York. Respondent failed to include in either bar application any mention of his medical education, career, or disciplinary proceedings. 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. Respondent's Answer to Petition for Discipline, at 3. Although the Hearing Committee found this pattern of deceit disturbing, it held Braun obligated only a sanction of suspension. The Disciplinary Board of the Supreme Court of Pennsylvania, Current through Register Vol. Id., at 165-66. (quoting Office of Disciplinary Counsel v. Keller, 509 Pa. 573, 506 A.2d 872, 879 (1986)). 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. 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 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. Joint Stipulation of Law and Facts, 5/7/02, at 13. an interview should request so in advance. 21. Typical Duties: For The Box 577, Helena, MT 59624. 418 0 obj <>stream WebThe Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. Id., at 20. 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. 204 (types of discipline available). About eight months later, respondent amended his answer, correcting some of the falsehoods but still fabricating some of his history. 4624; amended July 11, 1993, effective immediately, 23 Pa.B. 5325; amended September 11, 1992, effective September 12, 1992, 22 Pa.B. Use this button to switch between dark and light mode. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. WebOffice of Disciplinary Counsel v. Preski, 635 Pa. 220, 134 A.3d 1027, 1031 (2016). More comparison features will be added as we have more versions to compare. including drafting correspondence and recommending whether to re-open a matter. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). Respondent presented the testimony of Dr. Kramer who testified to respondent's weekly psychiatric visits, mental diagnoses, and progress under treatment. Knowledge of Disciplinary Board policies and procedures. WebOffice of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2700 P. 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. 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."). System. Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement 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. 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. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of 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. 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. Appropriately document each file during the investigation (e.g. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices Info and Services. 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. Office of Disciplinary Counsel v. Chung, 548 Pa. 108, 695 A.2d 405, 407 (1997). OGC Main Office Attorneys. affiliation, race, color, age, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or other non-merit 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 "[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 . Justice NEWMAN files a concurring and dissenting opinion in which Justices CASTILLE and BAER join. No part of the information on this site may be reproduced forprofit or sold for profit. 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. Web1. endstream endobj startxref 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. 7348 (November 26, 2022). . 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 Ability to work without significant supervision. Make your practice more effective and efficient with Casetexts legal research suite. 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. James Patrick Leonard, Philadelphia, for Akim Frederic Czmus. 8.1 ("The duty imposed by this Rule extends to persons seeking admission to the bar as well as to lawyers. 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." 2021), alloc. Location of Office of Disciplinary Counsel. Hearing, 10/2/01, at 145-46. State regulations are updated quarterly; we currently have two versions available. Pennsylvania Office of Disciplinary Counsel v. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). Case information This way, the Board argues, respondent will not get the benefit of bypassing the Law Examiners if successful on reinstatement. 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. 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 integrity of the legal system. Report of Hearing Committee 1.03, 6/10/03, at 21-22. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research Minimum Qualifications: A client may waive a conflict of interest, but only upon providing informed consent. (1/4) 27 Feb 2023 13:35:28 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. endstream endobj startxref 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. 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. (position available January 2023), $48,334.06 per year + benefits ($1,000.00 less until Pennsylvania Bar Exam is passed). 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. granted, 278 A.3d 301 (Pa. 2022), have the potential to dramatically Revocation of respondent's license has some allure, but there appears no direct support for such discipline in the Rules of Disciplinary Enforcement. Full vaccination against COVID-19. 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. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research Perform other related duties and responsibilities as required and/or assigned. 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