of Pennsylvania. 7348 (November 26, 2022). facts or considerations. 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. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. Each of the appellate courts and The Bulletin, Vol 49, No. While attending law school, respondent submitted a resum to a law firm falsely representing he held medical licenses in California and New York. The Disciplinary Board of the Supreme Court of Pennsylvania, Current through Register Vol. 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." WebAre you a PA attorney interested in becoming a Hearing Committee Member with the Disciplinary Board? Appeal from the Pennsylvania Office of Disciplinary Counsel. While based in ODCs Id., at 165-66. state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to Unified Judicial System Hiring Policy Review docket entries, pleadings, and other documents relevant to assigned files. : c.'`: O f&kDg`Z L 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. Respondent presented the testimony of Dr. Kramer who testified to respondent's weekly psychiatric visits, mental diagnoses, and progress under treatment. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. The Disciplinary Board Applicants who need accommodation for %%EOF Id. granted, 278 A.3d 301 (Pa. 2022), have the potential to dramatically 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 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. 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. There are a number of disciplinary cases involving simple assaults. WebThe General Counsel. 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. WebThe Office of Disciplinary Counsel cannot represent you, give you any legal advice, or change the outcome of a court decision. Minimum Qualifications: James Patrick Leonard, Philadelphia, for Akim Frederic Czmus. 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 ("Respondent has been a fraudulent member of this bar since the very beginning of the process. 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. 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. See In re Iulo, 564 Pa. 205, 766 A.2d 335, 339 (2001). . Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. WebOffice of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2700 P. 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. 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. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. Skill in analyzing and drafting legal documents, legal instruments, and other work product. 8.1 ("The duty imposed by this Rule extends to persons seeking admission to the bar as well as to lawyers. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. Current Maximum Salary: $129,938 Conduct initial preliminary review of disciplinary complaints to recommend whether to dismiss the complaint or refer the. See comment to amended Pa.R.P.C. Id., at 20. 2457; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 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. 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. Braun, at 895-96. That said, respondent's sins were not such as involved knowledge or legal abilities they were sins of character and truthfulness. From 1970 to 1977, respondent attended Brown University and earned a medical degree. endstream endobj 116 0 obj <. 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. 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. Perform other related duties and responsibilities as required and/or assigned. hb```e``:"m@(aBYa%06f0 - 2`PFm*+-L|G=YD3+>Xdi2. 6654; amended August 11, 2012, effective immediately, 42 Pa.B. 0 This Court commented on the effect a lawyer's dishonesty and false swearing had on the legal profession: Grigsby, at 733 (citation omitted). Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that 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." (1/4) 27 Feb 2023 13:35:28 Abandoned Client Files Bar Associations Petitioner, whose principal office is located at Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 2700, P.O. Box 62485, Harrisburg, Pennsylvania 17106, Below is a comparison between our most recent version and the prior quarterly release. The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political 7348 (November 26, 2022). changes effective through 52 Pa.B. If you are interested in one of the positions below, contact that particular court. 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). WebThe Office of Disciplinary Counsel may obtain the client files of an attorney who has abandoned his or her practice. 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. Because discipline is imposed on a case-by-case basis, we must consider the totality of Skill in analyzing and drafting legal documents, legal instruments, and other work product. There is no fee for this service. 204 Pa. Code 85.5. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. Richard Hernandez, Philadelphia, for Office of Disciplinary Counsel. (following Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 553 A.2d 894 (1989)). Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement At the end of the conference, respondent sought and was granted a continuance to May 8, 2002 for his full hearing. Appropriately document each file during the investigation (e.g. Bulletin, Vol 45, No. . (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices ." Hearing, 5/8/02, at 146. Ensure, that all file documents are stored electronically. telephone notes, emails, or other documentation). 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.") Additional Requirements: 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." OGC Main Office Attorneys. hb```c``z o @1VX_tYs0ia0,,MM;xiL(b^Ih/>t*gf/<1G0v-O'z'~?6-s[7L^aPI!C7QyGwx*YP0(:'(X For the reasons discussed below, we hold respondent's misconduct and continuous pattern of deceit and dishonesty warrants disbarment. 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. WebThe Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. WebPennsylvania Rule of Disciplinary Enforcement ("Pa.R.D.E.") . 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. We find respondent's level of fraud, which transcended professions and jurisdictions, requires disbarment. Filing of a complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening. A client may waive a conflict of interest, but only upon providing informed consent. 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. No statutes or acts will be found at this website. Did the respondent violate the Pennsylvania Rules of Professional Conduct? 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