In re Anonymous No. 3 D.B. 89

18 Pa. D. & C.4th 490, 1991 Pa. LEXIS 307
CourtSupreme Court of Pennsylvania
DecidedJune 11, 1991
DocketDisciplinary Board Docket No. 3 D.B. 89
StatusPublished

This text of 18 Pa. D. & C.4th 490 (In re Anonymous No. 3 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. 3 D.B. 89, 18 Pa. D. & C.4th 490, 1991 Pa. LEXIS 307 (Pa. 1991).

Opinions

KELLER, Chairman,

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

Respondent was suspended from the practice of law in the Commonwealth of Pennsylvania by Supreme Court order dated January 9, 1989. The order was issued pursuant to Rule 214(d), Pa.R.D.E.

Respondent’s suspension resulted from his August 1, 1988 conviction for possession with the intent to distribute cocaine, in violation of 21 U.S.C. §841(a)(l).

On October 18, 1988, respondent was sentenced to a ten-year period of incarceration, to be followed by a [491]*491special parole term of five years, and to pay $50 to the Crime Victims Fund maintained by the U.S. Treasury.

On March 2,1990, respondent’s sentence was reduced to a six-year period of incarceration, to be followed by a special parole term of five years and a $50 payment to the U.S. Treasury Crime Victims Fund.

Respondent is presently incarcerated at the Federal Correctional Institution in [ ].

On April 27, 1990, the Office of Disciplinary Counsel filed a petition for discipline of respondent based on his October 1988 conviction.

On June 7, 1990, respondent filed an answer to the petition, in which he admitted to the facts of his conviction and sentence and raised two new matters concerning the circumstances which led to his misconduct.

On August 21, 1990, respondent was deposed at the Federal Correctional Institution in [ ]. Both the Office of Disciplinary Counsel and respondent were represented by counsel.

The matter was referred to Hearing Committee [ ], which was chaired by [ ], Esq., and included [ ], Esq., and [ ], Esq. The committee held a hearing on the matter on October 16, 1990. The Hearing Committee filed its report on February 20, 1991, and recommended that respondent be suspended from the practice of law for a period of four years or until release from incarceration.

On November 26, 1990, the Office of Disciplinary Counsel filed a brief in response to the Hearing Committee report and urged that respondent be disbarred or the recipient of a lengthy suspension.

Respondent filed a brief on the matter and argued that a short suspension, followed by a probationary period, is the appropriate discipline to be imposed.

[492]*492The matter was adjudicated at the April 10,1991 meeting of the Disciplinary Board of the Supreme Court of Pennsylvania.

FINDINGS OF FACT

We adopt the findings of fact made by the Hearing Committee, which are based upon the documentary and testamentary evidence presented by petitioner and respondent.

(1) Petitioner, whose principal office is located at 300 North Second Street, Harrisburg, Pa., is invested, pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforcement, with the power and 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 aforementioned Rules.

(2) Respondent, [ ], Esq., was born in 1956, admitted to practice law in the Commonwealth of Pennsylvania in 1983, and has a current address at Federal Correctional Institution, [ ].

(3) On January 9, 1989, the Supreme Court of Pennsylvania entered an order directing that, as a result of respondent’s having been convicted in the U.S. District Court for the [ ] District of Pennsylvania of the offense of possession with the intent to distribute cocaine in violation of 21 U.S.C. §841 (a)(1), respondent be immediately suspended from the bar of the Commonwealth pursuant to Rule 214(d), Pa.R.D.E., and that the matter be referred to the Disciplinary Board pursuant to Rule 214(f), Pa.R.D.E., for the institution of formal proceedings.

[493]*493(4) On April 7, 1988, a 113-count indictment was filed in the U.S. District Court for the [ ] District of Pennsylvania at Criminal no. [ ].

(a) Respondent was one of 28 defendants named in the indictment.

(b) Count 1 charged respondent with conspiracy, in violation of 21 U.S.C. §846.

(c) Count 29 charged respondent with the possession with intent to distribute and distributing cocaine, a Schedule II narcotic, in violation of 21 U.S.C. §842(a)(l).

(5) On August 1, 1988, respondent entered a plea of guilty to Count 29 of the indictment.

(6) On October 18, 1988, respondent appeared before the Honorable [A] of the U.S. District Court for the [ ] District of Pennsylvania for sentence.

(a) Respondent was sentenced to a ten-year period of incarceration, to be followed by a special parole term of five years and respondent was ordered to pay the sum of $50 to be deposited into the Crime Victims Fund maintained by the U.S. Treasury.

(b) Upon oral motion of the government, Count 1 of the indictment was dismissed against respondent.

(7) On March 2, 1990, respondent appeared before the Honorable [A] of the U.S. District Court for the [ ] District of Pennsylvania for resentencing.

(8) Respondent’s sentence was reduced to a six-year period of incarceration, to be followed by a special parole term of five years and respondent was ordered to pay the sum of $50 to be deposited into the Crime Victims Fund maintained by the U.S. Treasury.

(9) The respondent used drugs while in law school.

(10) The respondent continued to use drugs after being admitted to the practice of law.

[494]*494(11) The respondent’s father committed suicide when the respondent was 17 or 18 years of age.

(12) Respondent’s brother-in-law committed suicide during respondent’s first semester in law school.

(13) During the second semester of his first year in law school the respondent’s cousin, who had inspired him to go to college, committed suicide.

(14) During the three years he was in law school respondent continued to use drugs and alcohol.

(15) On January 6, 1986, the respondent did deliver 3.1 grams of cocaine, which eventually resulted in his arrest in April 1988.

(16) After his arrest in April 1988, he continued to use drugs and alcohol.

(17) In the summer of 1988 the respondent entered [ ] Rehabilitation Center.

(18) The respondent completed the 28-day program recommended by [ ] Rehabilitation Center.

(19) At the time the respondent entered [ ] Rehabilitation Center, he had a well established addiction to drugs and alcohol.

(20) On October 18, 1988, shortly after his release from [ ] Rehabilitation Center, the respondent was sentenced to a term of imprisonment.

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