In re Anonymous No. 48 D.B. 93

29 Pa. D. & C.4th 213, 1995 Pa. LEXIS 2521
CourtSupreme Court of Pennsylvania
DecidedMarch 28, 1995
DocketDisciplinary Board Docket no. 48 D.B. 93
StatusPublished

This text of 29 Pa. D. & C.4th 213 (In re Anonymous No. 48 D.B. 93) 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. 48 D.B. 93, 29 Pa. D. & C.4th 213, 1995 Pa. LEXIS 2521 (Pa. 1995).

Opinion

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

KERNS, 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 February 19, 1993, Office of Disciplinary Counsel, petitioner, filed a petition for emergency interim suspension with the Supreme Court of Pennsylvania, pursuant to Rule 208(f)(1), Pa.R.D.E. Petitioner sought respondent’s immediate suspension based on allegations of egregious conduct in violation of Rules of Professional Conduct 3.1, 3.3(a)(1), 8.4(c), and 8.4(d). Thereafter, respondent filed a document captioned “respondent’s answer opposing petition for emergency interim suspension on the respondent to show cause.” (emphasis in original) On March 24, 1993, the Supreme Court issued an order and rule to show cause upon respondent why he should not be placed on temporary suspension pursuant to Rule 208(f)(1), Pa.R.D.E. Respondent filed “respondent’s supplemental answer opposing petition for emergency interim suspension under Rule 208(f)(1), Pa.R.D.E. and respondent’s showing of cause in reply to rule to show cause.” (emphasis in original) By order dated June 18, 1993, the rule to show cause issued upon respondent was made absolute and respondent was placed on temporary suspension until further definitive action by the court.

[216]*216On June 24, 1993 respondent filed an application to dissolve or to modify temporary emergency suspension with the Supreme Court and petitioner filed a reply thereto. By order of the Disciplinary Board dated June 25,1993 Board Member [A] was designated to preside over a hearing to consider respondent’s application. On July 2, 1993 a hearing was held regarding the application to dissolve. On July 8, 1993, Board Member [A] forwarded his recommendation to the Supreme Court recommending that the order placing respondent on temporary suspension not be dissolved or modified. By order dated July 29,1993, the Supreme Court denied respondent’s application to dissolve or modify temporary emergency suspension and directed that the proceedings be expedited.

On July 20, 1993, petitioner filed a petition for discipline against respondent. Respondent, through counsel, filed a “counter petition” on August 9, 1993.

On August 12, 1993, a Special Hearing Committee comprised of [ ], Esquire, [ ], Esquire and [ ], Esquire, was appointed to hear this matter. By letter dated August 24,1993, the secretary of the Disciplinary Board advised petitioner and respondent that two members of the Special Hearing Committee could not participate, and they were being replaced by [ ], Esquire and [ ], Esquire. By notice dated August 24, 1993, the matter was scheduled for accelerated disciplinary hearing for September 22 and 23, 1993 before Special Hearing Committee comprised of [ ], Esquire, [ ], Esquire and [ ], Esquire.

A disciplinary hearing was held on September 22 and 23,1993. At the September 22 disciplinary hearing, it was determined that Member [ ] could not attend. The hearing was then held before a quorum of two [217]*217members (pursuant to section 93.82, Disciplinary Board Rules) consisting of Chair [ ] and Member [ ].

At the September 22, 1993 hearing, respondent was not present but was represented by [B], It was argued at that time that since [B] assumed voluntary inactive status in August 1993, he was prohibited from practicing law and, therefore, could not represent respondent. The Special Hearing Committee determined that [B], because of his inactive status, was precluded from representing respondent and thus was dismissed from the hearing. The two day hearing was then held, at which time respondent did not appear, nor was he represented by counsel.

At the conclusion of the hearing, petitioner was directed by Chair [ ] to contact respondent with regard to various witnesses that may be called on respondent’s behalf, of which petitioner received notice by written communication from respondent’s wife. Respondent was requested to submit a written proffer as to each of the witnesses within 21 days. No response was received.

On September 27, 1994, the Special Hearing Committee filed its report and recommended that respondent be suspended from the practice of law for a period of three years. The committee further recommended that in the event that respondent initiates a request for reinstatement, and if such reinstatement is granted, the respondent be placed on probation for a period of one year with a practice monitor assigned to review the work of respondent every 60 days and submit reports to the Disciplinary Board.

On October 17, 1994, respondent filed a brief on exceptions and requested oral argument. Petitioner filed a brief opposing exceptions on November 11, 1994. [218]*218On December 15, 1994 oral argument was heard before a panel of the board.

The matter was adjudicated at the December 16,1994 meeting of the Disciplinary Board of the Supreme Court of Pennsylvania.

II. FINDINGS OF FACT

(1) Petitioner, Office of Disciplinary Counsel, whose principal office is 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 in 1946, admitted to practice law in the Commonwealth of Pennsylvania in 1982, and attorney registration lists his mailing address as [ ].

(3) By order dated June 18, 1993, respondent was placed on temporary suspension pursuant to Rule 208(f)(1), Pa.R.D.E. (PE 119.)

CHARGE I

[C] v. [respondent]

(4) Respondent and his wife, [D], were the defendants in a civil matter in the Court of Common Pleas of [ ] County, captioned [ ] and [ ] [C] v. [respondent] and [D], at no. [ ] of 1991.

(5) Respondent and his wife entered into a one year lease in about September 1990, with [ ] and [ ] [C], to rent the [C’s] home located at [ ].

[219]*219(6) At that time, the [C] had left the [ ] area and taken residence in [ ].

(7) Subsequently, the [C] sought eviction of respondent and his wife for failure to pay rent, expiration of the lease on its terms, etc.

(8) The [C], through their attorney, [E], Esquire, of [ ], filed a landlord/tenant complaint on about September 26, 1991, before District Magistrate [F].

(9) On about October 18, 1991, Magistrate [F] found that respondent should pay back rent and that the lease would continue on a month-to-month basis.

(10) Respondent filed an appeal of the magistrate’s decision resulting in a complaint being filed by the [C] on about November 18, 1991.

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Related

Office of Disciplinary Counsel v. Stern
526 A.2d 1180 (Supreme Court of Pennsylvania, 1987)
Office of Disciplinary Counsel v. Holston
619 A.2d 1054 (Supreme Court of Pennsylvania, 1993)

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Bluebook (online)
29 Pa. D. & C.4th 213, 1995 Pa. LEXIS 2521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-48-db-93-pa-1995.