53, No. Sadoff and Kramer compounded respondent's untruthful testimony. 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." On January 20, 2000, respondent's attorney referred him to Dr. Robert Sadoff, a forensic psychiatrist, for a psychological evaluation. 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." There is no fee for this service. telephone notes, emails, or other documentation). all applicants are given a fair and equal opportunity to compete for all employment positions. Respondent's Answer to Petition for Discipline, at 3. The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political The Pennsylvania Code website reflects the Pennsylvania Code Minimum Qualifications: Info and Services. including drafting correspondence and recommending whether to re-open a matter. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. 1812; amended November 20, 2009, effective November 21, 2009, 39 Pa.B. If you are interested in one of the positions below, contact that particular court. (a)Chief Disciplinary Counsel. 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. May utilize the assistance of staff (e.g. Richard Hernandez, Philadelphia, for Office of Disciplinary Counsel. The New Jersey disciplinary hearing was held June 26, 2000, and Drs. Knowledge of principles, methods, materials, and practices of legal research. 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. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. While attending law school, respondent submitted a resum to a law firm falsely representing he held medical licenses in California and New York. 215(d), and respectfully represent that: I. 115 0 obj <> endobj Id., at 165-66. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of State regulations are updated quarterly; we currently have two versions available. N.T. (1/4) 27 Feb 2023 13:35:28 changes effective through 52 Pa.B. Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. Id. Filing of a complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening. 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. While based in ODCs The Disciplinary Board made the following relevant findings of fact: Report and Recommendations of the Disciplinary Board, March 8, 2004 at 3-8. detailed updates regarding county-by-county court operations and proceedings. Unified Judicial System Hiring Policy It is within the inherent and exclusive power of this Court to govern the conduct of attorneys. 601 Commonwealth AvenueP.O. 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. September 28, 2019, Pennsylvania Bulletin, Vol 49, No. System. Starting Salary Range: $64,988 87,629 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. WebThe Office of Disciplinary Counsel cannot represent you, give you any legal advice, or change the outcome of a court decision. Please direct comments or questions to. The following year, the New York medical licensing board initiated a reciprocal disciplinary proceeding. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. 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. Prepare dismissal letters, letters of concern or education, and other correspondence. There are a number of disciplinary cases involving simple assaults. Candidates interested in applying for this position are requested to submit a written resume and cover letter in .PDF format While based in ODCs 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). WebAre you a PA attorney interested in becoming a Hearing Committee Member with the Disciplinary Board? WebOffice of Disciplinary Counsel. Skill in analyzing and drafting legal documents, legal instruments, and other work product. The Office of Disciplinary Counsel did not seek revocation of respondent's license to practice law. Ability to work effectively with supervisors and fellow employees. Knowledge of principles, methods, materials, and practices of legal research. To Apply: Below is a comparison between our most recent version and the prior quarterly release. (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 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. WebThe Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. 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. "Truth is the cornerstone of the judicial system; a license to practice law requires allegiance and fidelity to truth." ("Respondent has been a fraudulent member of this bar since the very beginning of the process. 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. DB.jobopenings@pacourts.us (OR) PO Box 62625. Petitioner, whose principal 2457; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 2729; amended April 25, 1997, effective April 26, 1997, 27 Pa.B. Full vaccination against COVID-19. Id., at 896. Typical Duties: No statutes or acts will be found at this website. (CNN) -- The disciplinary office that regulates attorney conduct in Colorado is taking steps toward potentially bringing an ethics complaint against Jenna Ellis, the lawyer who played a prominent role in former President Donald Trump's attempts to The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. [As amended by order entered December 6, 1994, effective January 1, 1995.] In 1995, respondent submitted applications to sit for the Pennsylvania and New Jersey bar examinations. 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. Office of Disciplinary Counsel v. Surrick, 561 Pa. 167, 749 A.2d 441, 449 (2000) (citation omitted). "Despite the mitigation evidence presented, [r]espondent's actions are too egregious to permit a recommendation of less than disbarment." 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). 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 Fairness. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. Make your practice more effective and efficient with Casetexts legal research suite. 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. Perform other related duties and responsibilities as required and/or assigned. Box 62485 Harrisburg, PA 17106-2485 (717) 783-0990 (fax:(717) 783-4963). Respondent presented the testimony of Dr. Kramer who testified to respondent's weekly psychiatric visits, mental diagnoses, and progress under treatment. At the hearing, respondent offered the following false testimony: Report and Recommendation of the Disciplinary Board, 3/18/04, at 9-10. For The Id., at 20. For the reasons discussed below, we hold respondent's misconduct and continuous pattern of deceit and dishonesty warrants disbarment. Prepare dismissal letters, letters of concern or education, and other correspondence. No part of the information on this site may be reproduced forprofit or sold for profit. DB.jobopenings@pacourts.us (OR) PO Box 62625. As directed, take additional action, remain in compliance with such laws. He agreed to surrender his California medical license. OGC Main Office Attorneys. 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. Ability to work without significant supervision. This position is professional legal work Current Maximum Salary: $129,938 Report of Hearing Committee 1.03, 6/10/03, at 21-22. 39. ." Id., at 19. Case information %%EOF Applicants who need accommodation for (b)Disciplinary District Offices. Revocation of respondent's license has some allure, but there appears no direct support for such discipline in the Rules of Disciplinary Enforcement. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. auditors, paralegals, or interns). Correspond and communicate with complainants to seek additional information regarding their complaints. 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. 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. Agency Chief Counsel. Email the Web1. 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. Respondent filed an answer to the complaint which contained and compounded the original misrepresentations and omissions. A client may waive a conflict of interest, but only upon providing informed consent. . By order of the Supreme Court of Pennsylvania, the general statewide judicial emergency declared and maintained in previous Court Orders of March 16, March 18, March 24, April 1 and April 28 ceased as of June 1, 2020. This position is professional legal work Unified Judicial System Hiring Policy Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that 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. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices WebMembers of the Commission shall attend an orientation program conducted by the Office of Disciplinary Counsel within six months of appointment. facts or considerations. 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. See comment to amended Pa.R.P.C. Only by requiring Respondent to begin the admissions process ab initio can we be assured that he has the requisite fitness and character to be a member of the bar. 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)." Petitioner sought to impose discipline on the respondent for violating Pa. R. Prof. Report and Recommendation of the Disciplinary Board, 3/8/04, at 18. 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.") Eligibility. 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. WebPennsylvania Rule of Disciplinary Enforcement ("Pa.R.D.E.") Bulletin, Vol 49, No. Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. Hearing, 10/2/01, at 145-46. See Pa.R.D.E. 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. Harrisburg, Pennsylvania, United States. 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. Dr. Sadoff reviewed the results of the tests and the opinion of Dr. Kramer and ultimately agreed with Dr. Kramer's diagnosis. 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. 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. Action, remain in compliance with such laws Feb 2023 13:35:28 changes effective through 52.... A fraudulent Member of this court to govern the conduct of attorneys of and. 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