In re Anonymous No. 114 D.B. 90

19 Pa. D. & C.4th 197, 1993 Pa. LEXIS 376
CourtSupreme Court of Pennsylvania
DecidedOctober 18, 1993
DocketDisciplinary Board Docket no. 114 D.B. 90
StatusPublished

This text of 19 Pa. D. & C.4th 197 (In re Anonymous No. 114 D.B. 90) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Anonymous No. 114 D.B. 90, 19 Pa. D. & C.4th 197, 1993 Pa. LEXIS 376 (Pa. 1993).

Opinion

To the Honorable Chief Justice and Justices of the Supreme Court of Pennsylvania:

GILARDI, Member,

Pursuant to Rule 208(d)(2)(iii) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania herewith submits its findings and recommendations to your honorable court with respect to the above-captioned petition for discipline.

HISTORY OF PROCEEDINGS

On November 30, 1990 the Office of Disciplinary Counsel filed a petition for discipline of respondent. The petition was filed after the Supreme Court discharged a rule to show cause why respondent should not be temporarily suspended from the practice of law because of his February 1990 plea of guilty to two charges of driving under the influence of alcohol, in violation of 75 Pa.C.S. §3731(a)(l).

The matter was referred to Hearing Committee [ ], which included Chairman [ ], Esq., and [ ], Esq.

On July 25, 1991 the parties entered into extensive stipulations concerning the conduct which led to respondent’s guilty pleas.

On August 6 and 7, 1991, October 14, 1991, and February 18,1992, the Hearing Committee held hearings on the matter.

Petitioner filed a brief on the matter on May 18, 1992 and recommended that respondent receive a two-year suspension, to be entirely stayed, and a public censure before the Supreme Court, and be placed on a three-year probation, subject to extensive monitoring.

[199]*199Respondent filed a brief on June 16, 1992 and suggested that probation would be the appropriate measure of discipline.

The Hearing Committee filed its report on December 23, 1992 and recommended that respondent receive a private reprimand and be placed on a closely monitored probation for a period of three years.

The matter was adjudicated at the February 25,1993 meeting of the Disciplinary Board of the Supreme Court of Pennsylvania.

FINDINGS OF FACT

The following is a summary of the salient facts underlying the instant proceedings. An extensive finding of facts is found at the appendix, and based on the stipulations entered into by the parties.

(1) Petitioner, whose principal office is now located at Suite 400, Union Trust Building, 501 Grant Street, Pittsburgh, Pa., is invested, pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforcement, with the power and the duty to investigate all matters involving alleged misconduct of an attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of the aforesaid rules.

(2) Respondent was bom on [ ] and was admitted to practice law in the Commonwealth of Pennsylvania on or about March 8, 1985.

(3) Respondent was admitted to practice law in the State of Florida in July 1984.

(4) Respondent is currently practicing law at the Law Offices of [A].

[200]*200(5) Photocopies shall be admissible in evidence in lieu of originals.

(6) On September 26, 1985, respondent was arrested in [ ], Florida.

(7) As a result of the September 26, 1985 arrest, the Office of the State Attorney filed a two-count information charging respondent with possession of a controlled substance, to wit: cocaine, in violation of Florida Statutes §893.13, and resisting an officer without violence to his person, in violation of Florida Statutes §843.02.

(8) On December 5, 1985, respondent entered a plea of no contest in [ ] County Circuit Court. The [ ] County Circuit Court found respondent guilty of the charges, but the adjudication of guilt was withheld pursuant to Florida Statutes §948.01(3), and respondent was placed on probation for a period of 18 months beginning December 5, 1985; respondent was ordered to successfully complete a residential drug program at [ ] Hospital and pay $1,000 to the SAVE drug program as special conditions of probation.

(9) On July 25, 1986, respondent was arrested in [ ], Pa.; on August 4, 1986, respondent entered a plea of guilty to the charge of disorderly conduct (18 P.S. §5503), a summary offense under the Pennsylvania Crimes Code, and was required to pay a fine of $50 and costs.

(10) By order dated August 25,1986, the [ ] County Circuit Court, after a hearing on respondent’s motion, modified respondent’s special probation in [ ] County, Florida, as follows:

(a) Respondent would be allowed to work and reside in the Commonwealth of Pennsylvania;

[201]*201(b) Respondent would be allowed to make his monthly reports in writing, by mail;

(c) Respondent would not be required to complete the [ ] Hospital drug/alcohol program; and

(d) Respondent would be required to continue to actively participate in Alcoholics Anonymous.

(11) On June 13, 1987, at 3:59 a.m., respondent was arrested by [ ] police after respondent was observed driving a vehicle that was allegedly swaying in an out of his driving lane. The arresting officer determined that respondent failed several roadside sobriety tests and refused to take a blood test to determine his blood-alcohol level. Respondent was charged with driving under influence of alcohol or controlled substance, 75 Pa.C.S. §3731(a), and subsequently formally charged in a criminal matter captioned Commonwealth of Pennsylvania v. [Respondent], filed in the Court of Common Pleas of [ ] County at bill of information no. [ ]. On January 14, 1988, [respondent] was accepted into the accelerated rehabilitative disposition (ARD) program.

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Office of Disciplinary Counsel v. Stern
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Bluebook (online)
19 Pa. D. & C.4th 197, 1993 Pa. LEXIS 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-114-db-90-pa-1993.