This position is professional legal work At the hearing, having already admitted to the four rules violations, respondent offered only mitigation to counter the ODC's disbarment recommendation. [As amended by order entered December 6, 1994, effective January 1, 1995.] matter to trial counsel. 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. Thank you for your interest in employment with the Unified Judicial System of Pennsylvania. DB.jobopenings@pacourts.us (OR) PO Box 62625. Dr. Sadoff reviewed the results of the tests and the opinion of Dr. Kramer and ultimately agreed with Dr. Kramer's diagnosis. Office of Disciplinary Counsel v. Grigsby, 493 Pa. 194, 425 A.2d 730, 733 (1981). %PDF-1.6 % telephone notes, emails, or other documentation). The following year, the New York medical licensing board initiated a reciprocal disciplinary proceeding. James Patrick Leonard, Philadelphia, for Akim Frederic Czmus. %%EOF (following Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 553 A.2d 894 (1989)). 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)." Perform other related duties and responsibilities as required and/or assigned. Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. 218(b) (disbarred attorney must wait at least five years to apply for reinstatement). 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." Please direct comments or questions to. $30 - 75/hour depending on qualifications. The committee has now authorized Jessica Yates, the attorney regulation counsel, to file a formal complaint against Ellis with the presiding disciplinary judge, according to Yates. N.T. Starting Salary Range: $64,988 87,629 Justice NEWMAN, Concurring and Dissenting Opinion. 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. granted, 278 A.3d 301 (Pa. 2022), have the potential to dramatically Webthe integrity of the legal system. WebDisciplinary Counsel conducts a preliminary review or inquiry. 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. 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."). 204 Pa. Code 85.5. Id. Starting salary will vary depending upon the qualifications and employment history of the selected candidate. 144 0 obj <>/Filter/FlateDecode/ID[<37A067510F2C714B8CD11C573E85301D><965855B8AD0A6643B46446FDF9524C0D>]/Index[115 50]/Info 114 0 R/Length 131/Prev 212760/Root 116 0 R/Size 165/Type/XRef/W[1 3 1]>>stream (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 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. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of PARTIES TO DISCIPLINE ON CONSENT 1. Minimum Qualifications: 7348 (November 26, 2022). 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. 208(g). 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. 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. 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. Office of Disciplinary Counsel v. Pozonsky, Office of Disciplinary Counsel v. Cappuccio, California Business and Professions Code 2261. The Disciplinary Board of the Supreme Court of Pennsylvania, Current through Register Vol. 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. Your Privacy Choices.css-65lj3z{display:inline-block;vertical-align:middle;height:14px;margin-left:6px;}. 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. The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that Although the Hearing Committee found this pattern of deceit disturbing, it held Braun obligated only a sanction of suspension. Id. System. 1812; amended November 20, 2009, effective November 21, 2009, 39 Pa.B. auditors, paralegals, or interns). 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. .," 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. Revocation of respondent's license has some allure, but there appears no direct support for such discipline in the Rules of Disciplinary Enforcement. 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. May utilize the assistance of staff (e.g. ." Respondent failed to include in either bar application any mention of his medical education, career, or disciplinary proceedings. That said, respondent's sins were not such as involved knowledge or legal abilities they were sins of character and truthfulness. Web1. Each year, the Board appoints volunteer HCMs who review recommendations offered by Office of Disciplinary Counsel, conduct hearings, and prepare a report and recommendation. Id. By way of mitigation, respondent offered the following explanation: "At the time, [he] was suffering under a severe disability resulting from an organic brain dysfunction caused by encephalitis, severe panic attacks and an undiagnosed Bipolar Disorder which medical condition was a causal factor in his actions." Ability to work without significant supervision. 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. "Truth is the cornerstone of the judicial system; a license to practice law requires allegiance and fidelity to truth." Pennsylvania remain in compliance with such laws. Description: Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. (a)Chief Disciplinary Counsel. Justice NEWMAN files a concurring and dissenting opinion in which Justices CASTILLE and BAER join. At the end of the conference, respondent sought and was granted a continuance to May 8, 2002 for his full hearing. On January 20, 2000, respondent's attorney referred him to Dr. Robert Sadoff, a forensic psychiatrist, for a psychological evaluation. telephone notes, emails, or other documentation). State regulations are updated quarterly; we currently have two versions available. Id., at 165-66. Office of Disciplinary Counsel v. Keller, 506 A.2d 872 (Pa. 1986). While based in ODCs DB.jobopenings@pacourts.us (OR) PO Box 62625. Josh Shapiro, Governor Jennifer Selber, General Counsel. A grievance against an attorney must be submitted in writing, unless prior approval is received in special circumstances. 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. 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 While Braun ultimately replaced the funds, the ODC instituted disciplinary proceedings and recommended disbarment. Abandoned Client Files Bar Associations 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). Review docket entries, pleadings, and other documents relevant to assigned files. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. Full vaccination against COVID-19. 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. Appropriately document each file during the investigation (e.g. WebPennsylvania Rule of Disciplinary Enforcement ("Pa.R.D.E.") 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. WebOffice of Disciplinary Counsel v. Preski, 635 Pa. 220, 134 A.3d 1027, 1031 (2016). 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. 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 : c.'`: O f&kDg`Z L Report of Hearing Committee 1.03, 6/10/03, at 21-22. The Disciplinary Board made the following relevant findings of fact: Report and Recommendations of the Disciplinary Board, March 8, 2004 at 3-8. %%EOF From 1970 to 1977, respondent attended Brown University and earned a medical degree. The Disciplinary Board Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. The respondent attorney violated Pa. R. Prof. Office of Disciplinary Counsel v. Chung, 548 Pa. 108, 695 A.2d 405, 407 (1997). including drafting correspondence and recommending whether to re-open a matter. The Office of Disciplinary Counsel cannot Candidates interested in applying for this position are requested to submit a written resume and cover letter in .PDF format Knowledge of state and federal laws, particularly in regard to disciplinary administration. Dr. Sadoff also referred respondent to Dr. Gerald Cooke, a neurophysiologist, who performed a series of psychological tests. 4448; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. 39. Skill in analyzing and drafting legal documents, legal instruments, and other work product. (quoting Office of Disciplinary Counsel v. Keller, 509 Pa. 573, 506 A.2d 872, 879 (1986)). Jun 2021 - Present1 year 10 months. . Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. 601 Commonwealth AvenueP.O. 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. facts or considerations. . Correspond and communicate with complainants to seek additional information regarding their complaints. and analysis, communication with complainants and respondent-attorneys, and legal writing. WebThe Office of Disciplinary Counsel | The Supreme Court of Ohio | United States Office of Disciplinary Counsel The Supreme Court of Ohio Integrity. detailed updates regarding county-by-county court operations and proceedings. Case information Hearing, 5/8/02, at 146. Ensure, that all file documents are stored electronically. Id., at 19. 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.") Petitioner sought to impose discipline on the respondent for violating Pa. R. Prof. Accordingly, while I agree with the Majority to disbar Respondent, I dissent from the portion of its Opinion that rejects the recommendation of the Disciplinary Board to revoke the license of Respondent. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). 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. He also surrendered his New York medical license. Id., at 20. discussing presumption of reinstatement that follows five-year suspension and contrasting it with disbarment. Web1. Review docket entries, pleadings, and other documents relevant to assigned files. The 53, No. 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. 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. 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. 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. (position available January 2023), $48,334.06 per year + benefits ($1,000.00 less until Pennsylvania Bar Exam is passed). Minimum Qualifications: 2021), alloc. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. of Pennsylvania. Immediately preceding text appears at serial pages (376986) to (376987). When considering employment with the Pennsylvania Courts, it is important to note that applicant screening and hiring is decentralized within the court system. Eligibility. I further agree with the reasoning of the Majority in support of this decision. 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. Sadoff and Kramer compounded respondent's untruthful testimony. 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. Each of the appellate courts and A client may waive a conflict of interest, but only upon providing informed consent. Office of Disciplinary Counsel v. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). I agree with the Majority that this Court should order the disbarment of Respondent. 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. 0 N.T. This Court commented on the effect a lawyer's dishonesty and false swearing had on the legal profession: Grigsby, at 733 (citation omitted). September 28, 2019, Pennsylvania Bulletin, Vol 49, No. Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that 217, and shall pay the costs of these proceedings pursuant to Pa.R.D.E. The Office of Disciplinary Counsel did not seek revocation of respondent's license to practice law. No part of the information on this site may be reproduced for profit or sold for profit. The Disciplinary Board of the Supreme Court The provisions of this 85.5 amended through August 30, 1985, effective August 31, 1985, 15 Pa.B. "Despite the mitigation evidence presented, [r]espondent's actions are too egregious to permit a recommendation of less than disbarment." To Apply: matter to trial counsel. endstream endobj startxref Rule 1.4. 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. Below is a comparison between our most recent version and the prior quarterly release. Organization: The Disciplinary Board of the Supreme Court of Pennsylvania Position: Disciplinary Counsel, Central Intake Location: Pennsylvania Posting Date: 389 0 obj <> endobj all applicants are given a fair and equal opportunity to compete for all employment positions. 21. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research remain in compliance with such laws. 3080; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 418 0 obj <>stream Conduct 1.1 and 1.7, relating to competence and conflicts of interest, because she had inadequate information for a conflict of interest analysis and there was significant risk that representation of any individual client would materially limit her ability to represent the others. It is within the inherent and exclusive power of this Court to govern the conduct of attorneys. See Pa.R.D.E. In 1992, while respondent was finalizing his medical license debacles, he was accepted at Temple University School of Law. Below is a comparison between our most recent version and the prior quarterly release. No part of the information on this site may be reproduced forprofit or sold for profit. 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." an interview should request so in advance. Quoting Office of Disciplinary Counsel v. Cappuccio, California Business and Professions Code 2261 the... Of this Court to govern the conduct of attorneys 376987 ) with BARBRI Outlines ( Login )... 48,334.06 per year + benefits ( $ 1,000.00 less until Pennsylvania bar Exam is passed ) all documents... 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