In re Anonymous No. 26 D.B. 73 & 32 D.B. 73

29 Pa. D. & C.3d 98
CourtSupreme Court of Pennsylvania
DecidedNovember 15, 1983
DocketDisciplinary Board Docket No. 26 D.B. 73, 32 D.B. 73
StatusPublished

This text of 29 Pa. D. & C.3d 98 (In re Anonymous No. 26 D.B. 73 & 32 D.B. 73) 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. 26 D.B. 73 & 32 D.B. 73, 29 Pa. D. & C.3d 98 (Pa. 1983).

Opinion

HELWIG, Member,

Pursuant to Rule 218(c)(5) Pa.R.D.E., the Disciplinary Board submits to your honorable court its findings and recommendations in the above captioned matter.

After oral argument before a panel of the board, and consideration of the record and briefs submitted in connection with this matter, the board [99]*99recommends that your honorable court adopt and approve the findings and conclusions made by the hearing committee in connection with the above matter and the hearing committee’s recommendation that [Petitioner] be reinstated to the practice of law.

In support of this recommendation, the board notes as follows:

BACKGROUND FACTS

[Petitioner] was disbarred by order of the Pennsylvania Supreme Court dated October 7, 1975, for reasons set forth in the opinion of the Supreme Court reported at 463 Pa. 472, 345 A.2d 616 (1975). In November 1981, [Petitioner] filed a petition for reinstatement which was referred to hearing committee [ ]. Hearings were held before the committee in September and October of 1982, pursuant to which the hearing committee filed a report and recommendation in February 1983 in which the committee recommeded that [Petitioner] not be “presently” reinstated to the practice of law. However, in its report, the hearing committee found the facts basically in favor of [Petitioner] but concluded that although he had demonstrated by clear and convincing evidence that he had the competency and learning for readmission to the practice of law, he had not demonstrated by clear and convincing evidence that he possessed the moral qualifications required for admittance or that his resumption of practice of law within the Commonwealth would not be detrimental to the integrity and standing of the bar or the administration of justice. This rested on the belief of the hearing committee that there was sufficient evidence on which the Committee could find that [Petitioner] had made [100]*100sufficient “rehabilitative efforts” to satisfy the Committee concerning his moral fitness. In its Report, the Committee noted:

“. . .[W]e have scrutinized with great care the testimony offered on his behalf, seeking to learn the nature and extent of the rehabilitative efforts the petitioner had made since the imposition of sanctions upon him and the degree of success he has achieved in that rehabilitative process. Unfortunately, as we view the evidence presented, the record is devoid of any evidence aimed at that specific issue. Solely for this reason, we find that the petitioner has failed to meet the burden placed upon him of establishing his moral fitness to resume the practice of law.” (Emphasis added.)

Upon review of the hearing committee’s recommendation, the board, by order dated May 4, 1983, directed that the matter be reopened and remanded the proceedings to the hearing committee for the receipt of additional evidence. Pursuant to this order, further hearing was held on June 28, 1983. Following this hearing, the hearing committee filed a supplemental report, containing supplementary findings of fact and recommending that [Petitioner] be reinstated to the practice of law. Exceptions were taken to this report and recommendation by Disciplinary Counsel and oral argument requested and held.

The panel before which oral argument was held unanimously recommended that the board adopt the findings of fact and conclusions of law made by the hearing committee both in its original and in its supplementary report and that the board adopt the recommendation of the hearing committee that [Petitioner] be reinstated. After discussion and consideration, the board unanimously followed this recommendation.

[101]*101II. ISSUES INVOLVED

Disciplinary Counsel has vigorously opposed [Petitioner’s] Petition for Reinstatement. This opposition is grounded basically upon the contention that misstatements and misrepresentations made by [Petitioner] in connection with his application for reinstatement and in the hearings held on such application disclosed that [Petitioner] lacks the character and moral fitness for the practice of law.

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Related

Office of the Disciplinary Counsel v. Campbell
345 A.2d 616 (Supreme Court of Pennsylvania, 1975)

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Bluebook (online)
29 Pa. D. & C.3d 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-26-db-73-32-db-73-pa-1983.