%PDF-1.6 % Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. "[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 . UJS hiring and employment policies and procedures are intended to conform to all applicable guW+@P'30@'3!|VM0zHq30~3j (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 Skill in analyzing and drafting legal documents, legal instruments, and other work product. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices He also surrendered his New York medical license. Petitioner, whose principal Bulletin, Vol 45, No. Current Maximum Salary: $129,938 Candidates interested in applying for this position are requested to submit a written resume and cover letter in .PDF format Correspond and communicate with complainants to seek additional information regarding their complaints. Applicants who need accommodation for 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. Sadoff and Kramer compounded respondent's untruthful testimony. 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. Typical Duties: When considering employment with the Pennsylvania Courts, it is important to note that applicant screening and hiring is decentralized within the court system. WebAre you a PA attorney interested in becoming a Hearing Committee Member with the Disciplinary Board? 3080; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. The Office of Disciplinary Counsel did not seek revocation of respondent's license to practice law. Did the respondent violate the Pennsylvania Rules of Professional Conduct? 2021), alloc. telephone notes, emails, or other documentation). @/bL0D1r1. Additional Requirements: Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. 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. WebOffice of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2700 P. Harrisburg, Pennsylvania, United States. OGC Main Office Attorneys. 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). The present locations of the district offices of the Office of Disciplinary Counsel for each such disciplinary district are: (1)District I Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania 1601 Market Street Suite 3320 Philadelphia, PA 19103-2337 (215-560-6296) (fax: 215-560-4528), (2)District II Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Suite 170 820 Adams Avenue Trooper, PA 19403-2328 (610-650-8210) (fax: 610-650-8213), (3)District III Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 5800 PO Box 62675 Harrisburg, PA 17106-2675 (717-772-8572) (fax: 717-772-7463), (4)District IV Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Suite 1300, Frick Building 437 Grant Street Pittsburgh, PA 15219-6002 (412-565-3173) (fax: 412-565-7620). 21. The board further alleged respondent knowingly made false documents and altered surgical treatment records to hide his inept treatment of the patients. Ability to work effectively with supervisors and fellow employees. Id. Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. 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 2729; amended April 25, 1997, effective April 26, 1997, 27 Pa.B. Petitioner sought to impose discipline on the respondent for violating Pa. R. Prof. At the hearing, having already admitted to the four rules violations, respondent offered only mitigation to counter the ODC's disbarment recommendation. The Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. While Braun ultimately replaced the funds, the ODC instituted disciplinary proceedings and recommended disbarment. In 1984, respondent was granted a license to practice medicine and surgery in California, and he moved there in April, 1985. Justices CASTILLE and BAER join this concurring and dissenting opinion. Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. (quoting Office of Disciplinary Counsel v. Keller, 509 Pa. 573, 506 A.2d 872, 879 (1986)). 204 Pa. Code 85.5. Kramer and Sadoff testified to respondent's mental infirmities. 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. 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. Texas Attorney General Ken Paxton and his top aide, Brent Webster, were both sued in May 2022. WebThe location of the headquarters of the Office of Disciplinary Counsel and the office of the Chief Disciplinary Counsel is: Office of Disciplinary Counsel. remain in compliance with such laws. Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement A grievance against an attorney must be submitted in writing, unless prior approval is received in special circumstances. state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to Location of Office of Disciplinary Counsel. For the reasons discussed below, we hold respondent's misconduct and continuous pattern of deceit and dishonesty warrants disbarment. Typical Duties: 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. state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to 967; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. On January 20, 2000, respondent's attorney referred him to Dr. Robert Sadoff, a forensic psychiatrist, for a psychological evaluation. 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."). It is within the inherent and exclusive power of this Court to govern the conduct of attorneys. 6654; amended August 11, 2012, effective immediately, 42 Pa.B. Respondent's Answer to Petition for Discipline, at 3. Knowledge of state and federal laws, particularly in regard to disciplinary administration. Consideration is to be given to any mitigating factors that are present. 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. N.T. endstream endobj 116 0 obj <. 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. changes effective through 52 Pa.B. 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. Prepare dismissal letters, letters of concern or education, and other correspondence. 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. Id. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. I further agree with the reasoning of the Majority in support of this decision. Box 62485 Harrisburg, PA 17106-2485 (717) 783-0990 (fax:(717) 783-4963). Respect. September 28, 2019, Pennsylvania Bulletin, Vol 49, No. 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). Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that Abandoned Client Files Bar Associations Petitioner, whose principal office is located at Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 2700, P.O. $30 - 75/hour depending on qualifications. About eight months later, respondent amended his answer, correcting some of the falsehoods but still fabricating some of his history. Description: 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. Pa. R. Prof. 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. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. 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. 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. Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. . WebThe Office of Disciplinary Counsel cannot represent you, give you any legal advice, or change the outcome of a court decision. WebPennsylvania Rule of Disciplinary Enforcement ("Pa.R.D.E.") This position is professional legal work This position is professional legal work 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. The following year, the New York medical licensing board initiated a reciprocal disciplinary proceeding. See Renfroe, at 404 (accepting causal connection between misconduct during addiction but still mandating disbarment). The Pennsylvania Code website reflects the Pennsylvania Code 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. Unified Judicial System Hiring Policy Skill in analyzing and drafting legal documents, legal instruments, and other work product. Review docket entries, pleadings, and other documents relevant to assigned files. Jun 2021 - Present1 year 10 months. 0 (b)Disciplinary District Offices. Make your practice more effective and efficient with Casetexts legal research suite. Accordingly, respondent is disbarred from practicing law in the courts of Pennsylvania; respondent shall comply with the provisions of Pa.R.D.E. Additional Requirements: Starting salary will vary depending upon the qualifications and employment history of the selected candidate. More comparison features will be added as we have more versions to compare. 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. Filing of a complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening. As directed, take additional action, auditors, paralegals, or interns). 39. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. 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. Box 577, Helena, MT 59624. . No part of the information on this site may be reproduced for profit or sold for profit. hb```c``z o @1VX_tYs0ia0,,MM;xiL(b^Ih/>t*gf/<1G0v-O'z'~?6-s[7L^aPI!C7QyGwx*YP0(:'(X investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. At the hearing, respondent offered the following false testimony: Report and Recommendation of the Disciplinary Board, 3/18/04, at 9-10. Appropriately document each file during the investigation (e.g. Report of Hearing Committee 1.03, 6/10/03, at 21-22. Braun, at 895-96. May utilize the assistance of staff (e.g. There are a number of disciplinary cases involving simple assaults. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Ensure, that all file documents are stored electronically. Id. 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. This stipulation was accepted by California's medical licensing board. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. Please direct comments or questions to. 4624; amended July 11, 1993, effective immediately, 23 Pa.B. Knowledge of Disciplinary Board policies and procedures. Dr. Sadoff also referred respondent to Dr. Gerald Cooke, a neurophysiologist, who performed a series of psychological tests. 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. including drafting correspondence and recommending whether to re-open a matter. Id., at 896. 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. Hearing, 10/2/01, at 145-46. Box 62485, Harrisburg, Pennsylvania 17106, including drafting correspondence and recommending whether to re-open a matter. Justice NEWMAN files a concurring and dissenting opinion in which Justices CASTILLE and BAER join. This Court determined that Braun established a sufficient causal connection between his psychiatric disorder and the underlying professional misconduct, and the "[p]sychiatric disorder [was] an appropriate consideration as a mitigating factor in a disciplinary proceeding. 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. 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. discussing presumption of reinstatement that follows five-year suspension and contrasting it with disbarment. WebThe Office of Disciplinary Counsel may obtain the client files of an attorney who has abandoned his or her practice. This Court commented on the effect a lawyer's dishonesty and false swearing had on the legal profession: Grigsby, at 733 (citation omitted). 601 Commonwealth AvenueP.O. Candidates interested in applying for this position are requested to submit a written resume and cover letter in .PDF format 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. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. 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. Pennsylvania 5325; amended September 11, 1992, effective September 12, 1992, 22 Pa.B. 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. Office of Disciplinary Counsel v. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). In 1992, while respondent was finalizing his medical license debacles, he was accepted at Temple University School of Law. Justice NEWMAN, Concurring and Dissenting Opinion. The Office of Disciplinary Counsel (ODC ) is the branch of the Disciplinary Board of In 1995, respondent submitted applications to sit for the Pennsylvania and New Jersey bar examinations. 418 0 obj <>stream 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.") Office of Disciplinary Counsel v. Keller, 506 A.2d 872 (Pa. 1986). Appropriately document each file during the investigation (e.g. System. Respondent lied to the Board of Law Examiners to bypass a proper evaluation of his character and fitness because he felt the truth might have barred him from sitting for the bar exam. 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. WebMembers of the Commission shall attend an orientation program conducted by the Office of Disciplinary Counsel within six months of appointment. While based in ODCs Dr. Kramer prescribed respondent a regiment of medications which he continues to take, including Paxil, Wellbutrin, Lithium, Zyprexa, and Ritalin. Immediately preceding text appears at serial pages (376986) to (376987). , 506 A.2d 872, 879 ( 1986 ) ) qualifications and employment history the... 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