state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to 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). 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. 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. . I agree with the Majority that this Court should order the disbarment of Respondent. About eight months later, respondent amended his answer, correcting some of the falsehoods but still fabricating some of his history. OGC Main Office Attorneys. The Disciplinary Board Box 62485 Harrisburg, PA 17106-2485 (717) 783-0990 (fax:(717) 783-4963). 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. In 1998, New Jersey attorney disciplinary authorities learned respondent was a former physician with a record of professional misconduct and discipline. Office of Disciplinary Counsel v. Chung, 548 Pa. 108, 695 A.2d 405, 407 (1997). 217, and shall pay the costs of these proceedings pursuant to Pa.R.D.E. 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. Knowledge of state and federal laws, particularly in regard to disciplinary administration. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research 5325; amended September 11, 1992, effective September 12, 1992, 22 Pa.B. This position is professional legal work 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. WebMembers of the Commission shall attend an orientation program conducted by the Office of Disciplinary Counsel within six months of appointment. Box 577, Helena, MT 59624. While attending law school, respondent submitted a resum to a law firm falsely representing he held medical licenses in California and New York. . UJS hiring and employment policies and procedures are intended to conform to all applicable hbbd``b`.@ -A_w-b)2MI@@##H.!@ . ' guW+@P'30@'3!|VM0zHq30~3j 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."). There are a number of disciplinary cases involving simple assaults. As this sanction was not sought by Office of Disciplinary Counsel, we decline to impose it at this juncture. State regulations are updated quarterly; we currently have two versions available. $30 - 75/hour depending on qualifications. However, this Court undoubtedly has the inherent power to revoke a license granted in the first place under this Court's rules and authority. 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. (following Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 553 A.2d 894 (1989)). When considering employment with the Pennsylvania Courts, it is important to note that applicant screening and hiring is decentralized within the court system. Skill in analyzing and drafting legal documents, legal instruments, and other work product. Abandoned Client Files Bar Associations Eligibility. DB.jobopenings@pacourts.us (OR) PO Box 62625. ." Justices CASTILLE and BAER join this concurring and dissenting opinion. 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. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. N.T. "Whenever an attorney is dishonest, that purpose is served by disbarment." Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement UJS hiring and employment policies and procedures are intended to conform to all applicable Correspond and communicate with complainants to seek additional information regarding their complaints. changes effective through 52 Pa.B. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. Case information This Court has synthesized the distinction between disbarment and suspension as: In the Matter of Renfroe, 548 Pa. 101, 695 A.2d 401, 403 (1997) (quotation omitted). . 21. (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 remain in compliance with such laws. 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. 967; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. Below is a comparison between our most recent version and the prior quarterly release. He also surrendered his New York medical license. WebThe phone number and address are (406) 449-6577, P.O. 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. Knowledge of principles, methods, materials, and practices of legal research. Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. 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. hb```e``:"m@(aBYa%06f0 - 2`PFm*+-L|G=YD3+>Xdi2. Dr. Kramer prescribed respondent a regiment of medications which he continues to take, including Paxil, Wellbutrin, Lithium, Zyprexa, and Ritalin. This Court commented on the effect a lawyer's dishonesty and false swearing had on the legal profession: Grigsby, at 733 (citation omitted). 7348 (November 26, 2022). . including drafting correspondence and recommending whether to re-open a matter. 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. 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. Office of Disciplinary Counsel v. Surrick, 561 Pa. 167, 749 A.2d 441, 449 (2000) (citation omitted). No part of the information on this site may be reproduced for profit or sold for profit. 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. matter to trial counsel. 2457; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. Web1. The Pennsylvania Judiciary has provideddetailed updates regarding county-by-county court operations and proceedings.General information is also provided on ourFAQ page. Ability to work effectively with supervisors and fellow employees. 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." The Pennsylvania Code website reflects the Pennsylvania Code 8.1 ("The duty imposed by this Rule extends to persons seeking admission to the bar as well as to lawyers. 601 Commonwealth AvenueP.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." PARTIES TO DISCIPLINE ON CONSENT 1. 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. 53, No. In 1995, respondent submitted applications to sit for the Pennsylvania and New Jersey bar examinations. Web1. Bulletin, Vol 49, No. Justice NEWMAN, Concurring and Dissenting Opinion. Petitioner, whose principal Knowledge of Disciplinary Board policies and procedures. 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.") Current Maximum Salary: $129,938 WebThe Office of Disciplinary Counsel may obtain the client files of an attorney who has abandoned his or her practice. Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that 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. Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. ." 164 0 obj <>stream This position is professional legal work 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. 39. 2729; amended April 25, 1997, effective April 26, 1997, 27 Pa.B. affiliation, race, color, age, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or other non-merit Rule 1.4. . "[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 . 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 Correspond and communicate with complainants to seek additional information regarding their complaints. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. He agreed to surrender his California medical license. It is within the inherent and exclusive power of this Court to govern the conduct of attorneys. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices 204 Pa. Code 85.5. See Renfroe, at 404 (accepting causal connection between misconduct during addiction but still mandating disbarment). More comparison features will be added as we have more versions to compare. Id., at 896. WebOffice of Disciplinary Counsel v. Preski, 635 Pa. 220, 134 A.3d 1027, 1031 (2016). 4624; amended July 11, 1993, effective immediately, 23 Pa.B. WebDisciplinary Counsel conducts a preliminary review or inquiry. A client may waive a conflict of interest, but only upon providing informed consent. 2037; amended February 21, 2003, effective February 22, 2003, 33 Pa.B. Respondent conceded he made errors on the application, but attributed them to confusion; he alleged he thought he was to list only undergraduate schools and degrees, and claimed he did not list his medical disciplinary proceedings because he thought each had been dismissed and administratively expunged. 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. 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. The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political Please direct comments or questions to. facts or considerations. Office of Disciplinary Counsel v. Keller, 506 A.2d 872 (Pa. 1986). Contact Us. At the hearing, respondent offered the following false testimony: Report and Recommendation of the Disciplinary Board, 3/18/04, at 9-10. 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. No statutes or acts will be found at this website. Review docket entries, pleadings, and other documents relevant to assigned files. That said, respondent's sins were not such as involved knowledge or legal abilities they were sins of character and truthfulness. : c.'`: O f&kDg`Z L Id., at 165-66. As directed, take additional action, 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. 1812; amended November 20, 2009, effective November 21, 2009, 39 Pa.B. @/bL0D1r1. Joint Stipulation of Law and Facts, 5/7/02, at 13. Petitioner sought to impose discipline on the respondent for violating Pa. R. Prof. Pennsylvania of Pennsylvania. While based in ODCs and analysis, communication with complainants and respondent-attorneys, and legal writing. 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. 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