In re Anonymous No. 103 D.B. 90

23 Pa. D. & C.4th 275, 1994 Pa. LEXIS 961
Supreme Court of Pennsylvania·Decided August 10, 1994·No. Disciplinary Board Docket no. 103 D.B. 90·Published

Opinion

FRIEDMAN, Chairman,

Pursuant to Rule 208(h) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania herewith submits its findings [276]*276and recommendations to your honorable court with respect to the petition to revoke probation filed by petitioner.

I. HISTORY OF PROCEEDINGS

On September 12,1990 Office of Disciplinary Counsel, petitioner, filed a petition for discipline against respondent alleging five violations of the Disciplinary Rules. On April 14, 1992 your honorable court entered an order suspending the respondent from the practice of law for a period of six months. That suspension was stayed in its entirety and the respondent was placed on probation for a period of two years subject to conditions which included a requirement that the respondent regularly attend AA meetings and report to a sobriety monitor on a regular basis.

On March 7,1994 petitioner filed a petition to revoke probation which asserted that respondent had failed to comply with the terms of his probation. On April 14, 1994 a hearing was held before the undersigned relative to the petition. Petitioner and respondent previously agreed to waive the 10 day hearing requirement provided by Pa.R.D.E. 208(h).

II. FINDINGS OF FACT

At time of hearing the respondent stipulated to the factual averments contained in the petition which are adopted as follows:

(1) By order dated April 14,1992, the Supreme Court of Pennsylvania suspended the respondent, [ ], Esq., from the practice of law for a period of six months, but stayed the suspension in its entirety and placed the respondent on probation for a period of two years, subject to various terms and conditions.

(2) Among other things, the Supreme Court’s order required the respondent to:

[277]*277(a) Regularly attend Alcoholics Anonymous meetings on a weekly basis;

(b) Maintain weekly contact with his sponsor in AA;

(c) Have his weekly attendance at AA meetings verified on a board approved form (Alcoholics Anonymous attendance meeting verification form);

(d) Meet at least twice a month with his sobriety monitor; and,

(e) Maintain weekly telephone contact with his sobriety monitor.

(3) Pursuant to the court’s order and in accordance with provisions of Disciplinary Board Rule 89.293 (dealing with substance abuse probation), the respondent was assigned a sobriety monitor who, along with the respondent, completed and filed with the secretary of the board quarterly written reports concerning respondent’s probation, as follows:

(a) First quarter report which was due to be filed by July 14, 1992 but was actually filed1 two days late on July 16, 1992.

(b) Second quarter report which was due to be filed October 14,1992 but was filed one day late on October 15, 1992.

(c) Third quarter report which was due to be filed on January 14, 1993 but was filed one day late on January 15, 1993.

(d) Fourth quarter report which was due to be filed on April 14, 1993 but was filed 15 days late on April 29, 1993 along with a cover letter from the respondent dated April 28, 1993.

(e) Fifth quarter report which was due to be filed on or about July 14, 1993 but was never filed with the office of the secretary;

[278]*278(f) Sixth quarter report which was due and filed on October 14, 1993.

(g) Seventh quarter report which was due to be filed by January 14, 1994 but was not actually filed until February 2, 1994 about 19 days late.

(4) These quarterly reports indicate the respondent, from the inception of his probation to the present time, has failed to abide by many of the terms and conditions of his probation, to wit:

(a) Respondent has failed to regularly attend meetings of AA on a weekly basis;

(b) Respondent has failed to maintain weekly contact with his AA sponsor;

(c) Respondent has failed to have his attendance at AA meetings verified by the signature of the AA chairperson on the Alcoholics Anonymous attendance meeting verification form (the respondent failed to even submit the required form for the first quarter and fifth quarter);

(d) Respondent has failed to meet at least twice each month with his sobriety monitor; and,

(e) Respondent has failed to maintain weekly contact with his sobriety monitor.

(5) More specifically, the quarterly reports indicate the following:

(a) First quarter report (Petitioner exhibit “2”):

(1) In response to question 2, the respondent admitted not attending AA meetings on a weekly basis but stated “I have averaged one meeting/week, but have had several weeks without a meeting.” Further, the limited information provided by the respondent failed to reveal that any AA meetings were attended during the weeks of June 8, June 15, June 22, and June 29, 1992;

(2) While the respondent indicated in response to question 3 that he had maintained weekly contact with his AA sponsor, by personal contact at meetings, he only listed four meetings. It appears, therefore, he had [279]*279no contact with his AA sponsor for the same four weeks listed immediately above.

(3) Respondent only met personally with his sobriety monitor on one occasion during the month of June 1992, rather than the required two times;

(4) Respondent did not contact his sobriety monitor during the weeks of June 15, June 22, and June 29, 1992;

(5) Respondent did not attach an Alcoholics Anonymous meeting attendance verification form;

(6) Respondent’s sobriety monitor commented: “[Respondent] must take this program more seriously;” and,

(7) As a result of his review of the first quarterly report, then Chairman of the Board Richard D. Gilardi sent the respondent a letter dated August 7, 1992 notifying the respondent: “You are hereby directed to abide by the terms and conditions of your probation. If you fail to do so, we will be forced to notify the Office of Disciplinary Counsel to take further action pursuant to Disciplinary Board Rule 89.292.” (Petitioner exhibit “3.”)

(b) Second quarter report (Petitioner exhibit “4”):

(1) While the respondent indicated affirmatively that he had attended weekly AA meetings during the past three months, the information and documentation he provided failed to indicate any meeting was attended during the week of August 3, 1992;

(2) While the respondent indicated affirmatively that he had maintained weekly contact with his AA sponsor, the information he provided failed to indicate that contact was made with his sponsor during the weeks of July 27, August 3, and September 7, 1992;

(3) Of the 23 AA meetings listed on the Alcoholics Anonymous attendance verification form, only 15 were “verified” by a signature.

[280]*280(c) Third quarter report (Petitioner exhibit “5”):

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In re Anonymous No. 103 D.B. 90, 23 Pa. D. & C.4th 275, 1994 Pa. LEXIS 961 (Pa. 1994).

23 Pa. D. & C.4th 275 (In re Anonymous No. 103 D.B. 90) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.