In re Anonymous No. 56 D.B. 94

47 Pa. D. & C.4th 184
CourtSupreme Court of Pennsylvania
DecidedOctober 13, 1999
DocketDisciplinary Board Docket no. 56 D.B. 94
StatusPublished

This text of 47 Pa. D. & C.4th 184 (In re Anonymous No. 56 D.B. 94) 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. 56 D.B. 94, 47 Pa. D. & C.4th 184 (Pa. 1999).

Opinion

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

NIX III, Member,

Pursuant to Rule 218(c)(5) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania submits its findings and recommendations to your honorable court with respect to the above-captioned petition for reinstatement.

I. HISTORY OF PROCEEDINGS

By order of the Supreme Court of Pennsylvania dated March 24, 1994, a rule was issued to show cause why petitioner, having been convicted in the Court of Com[186]*186mon Pleas of [ ] County of 21 counts of theft by failure to make required disposition of funds received in violation of 18 Pa.C.S. §3927, should not be placed on temporary suspension.

By order of the Supreme Court of Pennsylvania dated June 10,1994, respondent was placed on temporary suspension and ordered to comply with all the provisions of Rule 217, Pa.R.D.E., and the matter was referred to the Disciplinary Board pursuant to Rule 214(f)(1), Pa.R.D.E.

By order of the Supreme Court of Pennsylvania dated November 30, 1995, petitioner was suspended from the practice of law for three years, retroactive to June 10, 1994.

On November 30, 1998, a petition for reinstatement was filed.

On December 2, 1998, an amendment to petition for reinstatement was filed by [ ], Esquire, counsel for petitioner.

On December 2,1998, the matter was referred to Hearing Committee [ j, consisting of [ ], Esquire, chair, and Members [ ], Esquire and [ ], Esquire.

A hearing on the petition was held on March 23,1999.

The Hearing Committee filed its report on August 6, 1999, recommending petitioner’s reinstatement to active status. Neither party filed exceptions to the Hearing Committee report.

The matter was adjudicated at the August 18, 1999 meeting of the board.

II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner, [ ], is a 43-year-old graduate of [ ] College. Petitioner was admitted to the Pennsylvania Bar [187]*187in June 1981. After graduating law school, petitioner worked as a volunteer for the [A] County Legal Aid in 1981 and 1982. She then worked at the law offices of [B] in 1982 and 1983; [C] from 1983 to 1986; and [D] until 1987. From 1987 to 1991, petitioner worked for [E], Esquire.

(2) Petitioner began the use of cocaine during her last weekend of law school, Memorial Day, 1980. Between 1980 and 1987, she became addicted to cocaine.

(3) In August 1991, [E] learned that petitioner had taken checks from his practice, and had cashed and deposited them in her own account. Petitioner was arrested and charged on December 8,1992. On December 1,1993, petitioner reached an agreement with [E], under which she would pay him $55,000 (without interest) over a 10-year period, and assign to him one-half of any referral fees generated by two litigation matters she had referred to other law firms. On December 1,1993, petitioner entered into a negotiated plea in which she pled guilty to 21 separate counts of theft by failure to make required disposition of funds received, in violation of 18 Pa.C.S. §3927, a misdemeanor. That same day, the Court of Common Pleas of [ ] County imposed a sentence which included:

(a) 48 months probation;

(b) $250 fine;

(c) restitution in the amount of $10,468; and

(d) 200 hours of community service.

(4) By order of the Supreme Court of Pennsylvania dated June 10,1994, petitioner was placed on temporary suspension and ordered to comply with all the provisions of Rule 217, Pa.R.D.E., and the matter was referred to the Disciplinary Board pursuant to Rule 214(f)(1), Pa.R.D.E.

[188]*188(5) The petitioner was found by this board to have violated R.P.C. 8.4(b) and R.P.C. 8.4(c).

(6) On November 30, 1995, the Supreme Court of Pennsylvania ordered petitioner suspended from the practice of law for a period of three years, retroactive to June 10, 1994.

(7) The theft of the monies from [E] by petitioner was in support of her cocaine habit. The money was spent on cocaine and she had no assets left to show for it.

(8) Petitioner attended and completed an inpatient drug program at [F] Institute and continued with therapy, along with AA and NA meetings.

(9) Between 1993 and 1997, petitioner reported to and cooperated with her probation officer, [G]. During that period of time, random urinalysis were taken and all were negative. Petitioner complied with all the rules and regulations of her probation. She paid all court-ordered restitution ($10,468). She also performed 200 hours of community service at [F] Institute, the public library, [¶] Hospital and Town Watch.

(10) Petitioner remains in contact with [I], her preorder sobriety monitor, and maintains a sponsor at AA.

(11) Petitioner has been a patient of a licensed psychologist, Dr. [J], since September 1995, after she had completed her drug abuse program. Petitioner’s initial diagnosis was dysthymia, which is a mild form of depression, changing to adjustment disorder, with mixed features of anxiety and depression. Dr. [J] believes that these conditions do not exist anymore.

(12) Dr. [J] has not seen any evidence of a return to alcohol or drug use, or a change in personality that might indicate a return to alcohol or drug abuse. Dr. [J] believes that he has seen the opposite and opines that peti[189]*189tioner has learned her lesson well and is a responsible person and a responsible mother. (N.T. pp. 18-19.) Petitioner’s ability to provide care to her son, who is handicapped, shows that she has learned to cope with her problems, and Dr. [J] farther believes that she is psychologically fit to return to the practice of law.

(13) Petitioner worked briefly as an administrative assistant at [K] between September 1995 and November 1995.

(14) Petitioner was divorced on November 28, 1995. At the time of the divorce, she had a very bleak financial picture. Petitioner’s debts totaled approximately $100,000, including $55,000 owed to [E]. Her financial situation was the primary cause of her divorce. She left the marriage with only $10,000 plus the security deposit for an apartment.

(15) Petitioner’s total gross income for the three years 1994, 1995 and 1996 was about $81,000 combined.

(16) On November 28,1995, petitioner began employment at [L], a personnel placement agency. She passed the Pennsylvania licensing exam for employment counselors in 1996 and now works as an employment counselor for [L]. Her employer provided a letter indicating that petitioner is a hardworking, dedicated and loyal employee; she is reliable and her attendance is excellent; she is also able to generate many referrals because of her positive attitude and strong work ethic.

(17) In 1997, petitioner’s gross income from [L] was about $64,000. In 1998, her gross income from [L] was about $80,000, and she grossed $34,000 from the [M] referral fee. (N.T. pp. 156-57.) She is also a [N] representative.

(18) As of May 1998, petitioner had made 43 payments to [E] totaling $12,078. According to the terms of [190]

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