In re Anonymous No. 22 D.B. 89

24 Pa. D. & C.4th 354, 1994 Pa. LEXIS 935
CourtSupreme Court of Pennsylvania
DecidedMarch 2, 1994
DocketDisciplinary Board Docket no. 22 D.B. 89
StatusPublished

This text of 24 Pa. D. & C.4th 354 (In re Anonymous No. 22 D.B. 89) 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. 22 D.B. 89, 24 Pa. D. & C.4th 354, 1994 Pa. LEXIS 935 (Pa. 1994).

Opinion

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

SCHILLER, 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.

I. HISTORY OF PROCEEDINGS

On March 13,1989, the Pennsylvania Supreme Court, referred the instant matter to the Disciplinary Board pursuant to Rule 214(g) Pa.R.D.E., in light of respondent’s conviction for two violations of 75 Pa.C.S. §§3732 and 3742.

The Office of Disciplinary Counsel filed a petition for discipline against respondent on June 24, 1991. The petition alleged that respondent’s conduct in a hit- and-run accident in which he committed homicide by vehicle adversely reflected upon his honesty, trustworthiness or fitness as a lawyer, in violation of R.P.C. 8.4(b).

The Supreme Court granted respondent’s petition to be transferred to inactive status on July 19, 1991.

Respondent filed an answer to the petition for discipline on July 22, 1991, at which time he raised the [356]*356issue of his mental stability at the time of the accident and denied any professional misconduct.

The matter was referred to Hearing Committee [ ], which was chaired by [ ], Esquire, and included members [ ], Esquire, and [ ], Esquire. A hearing on the matter was held on December 23, 1991. On March 3, 1992, the Hearing Committee filed its report and recommended that respondent be suspended from the practice of law for a period of three years, commencing with his release from incarceration.

On March 16, 1992, respondent filed a brief on exceptions to the Hearing Committee report and requested oral argument.

Petitioner filed a brief opposing exceptions on March 24, 1992.

Oral argument on the matter was held before a three member panel of the Disciplinary Board on May 15, 1992.

The matter was adjudicated at the June 18, 1992 meeting of the Disciplinary Board of the Supreme Court of Pennsylvania.

II. FINDINGS OF FACT

(1) Respondent was bom in 1951 and admitted to the Pennsylvania Bar in 1981. He currently maintains no office for the practice of law, having successfully petitioned the Supreme Court in July 1991 for a transfer to inactive status.

(2) On the night of June 11, 1988, respondent was driving his vehicle at a speed in excess of the posted limit when he struck and killed two pedestrians as they attempted to cross the street. One of the pedestrians was thrown a distance of 185 feet from the point of [357]*357impact while the other was catapulted a distance of 244 feet, nearly the length of a football field.

(3) After striking the two pedestrians, respondent made no attempt whatsoever to stop, render aid, or even slow down, despite severe and obviously noticeable damage to the front and windshield of his vehicle.

(4) Rather, respondent proceeded to drive through [ ] County and into the State of [ ] abandoning his vehicle only after it was rendered inoperable due to damages sustained in the accident.

(5) Before abandoning his vehicle and walking past a [ ] State Trooper in [ ], respondent removed the license plate from his vehicle.

(6) Upon arrival in [ ], respondent hired a taxi which drove him home, where he proceeded to go to sleep.

(7) The following day, June 12, 1988, respondent sought out advice of his counsel, [A], Esquire.

(8) While walking home, respondent was stopped by Patrolman [B], whom he asked “was the girl killed?”

(9) On or about November 4, 1988, respondent was found guilty on two counts of homicide by vehicle, in violation of 75 Pa.C.S. §3732, and two counts of accidents involving death or personal injury, in violation of 75 Pa.C.S. §3742, after a trial by jury in the Court of Common Pleas of [ ] County. (Pet. exh. B.)

(10) Respondent was sentenced as follows:

(a) On information 3518A counts 1 and 2, respondent received identical consecutive sentences which required him to pay the costs of prosecution and a fine of $500 and to serve 11 1/2 months to 2 1/2 years less one day incarceration in [ ] County Prison; and

(b) On information 3518D, Counts 1 and 2, respondent received identical sentences, the first to be served [358]*358concurrently with the sentence for Count 1 of information 3518A, the second to run consecutively to the sentence in Count 1 of information 3518D but concurrently to the sentence in Count 2 of information 3518A. The sentences mandated that respondent pay the costs of prosecution and a $500 fine, and serve 111/2 months to 2 1/2 years less one day incarceration in [ ] County Prison. (Pet. exh. C.)

(11) By judgment and memorandum opinion dated June 11, 1990, the Superior Court of Pennsylvania affirmed the conviction with the exception of reversing one conviction for leaving the scene of the accident, on the basis there was only one accident scene to be left. (Exh. P-7.)

(12) From 1980 through 1988, respondent received psychotherapy for “dysthymic disorder,” in effect a feeling of low self-esteem coupled with depression. (See answer to petition for discipline and attached letter.)

(13) Respondent testified that he accepts full responsibility for leaving the scene of the accident, and that he has paid his insurance policy limits to the victims’ estates. (N.T. 99, 101.)

(14) In 1990, after his sentencing, respondent sent letters of remorse to the victims’ families. (N.T. 102-104, exh. R 2-4.)

(15) Numerous members of the bar attested to respondent’s reputation for veracity and solid character. (N.T. 26-28, 35-37, 131-135.)

(16) Respondent has never before been the subject of a disciplinary proceeding. (N.T. 82.)

III. CONCLUSIONS OF LAW

Respondent’s reprehensible conduct following the motor vehicle accident in which he struck and killed [359]*359two pedestrians, specifically his failure to stop his automobile or render assistance to the two victims, his flight into another jurisdiction, and removal of the incriminating license plate in an attempt to disguise his culpability, constitutes a violation of R.P.C. 8.4(b) because it adversely reflects upon his honesty, trustworthiness, and fitness to practice law.

IV. DISCUSSION

The issue in the instant proceeding is whether a lawyer ’s illegal conduct following a motor vehicle accident in which he killed two pedestrians is in violation of the standards of professional conduct expected of members of the Pennsylvania Bar.

The petition for discipline alleged that respondent’s conduct following the tragic accident which left two people dead constituted professional misconduct under R.P.C. 8.4(b) because it reflected adversely on his honesty, trustworthiness, or fitness as a lawyer. The comment to Rule 8.4 implies that conduct involving violence, dishonesty, or breaching trust, is included within the scope of the rule.

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