In re Anonymous No. 76 D.B. 91

20 Pa. D. & C.4th 385, 1992 Pa. LEXIS 593
CourtSupreme Court of Pennsylvania
DecidedNovember 6, 1992
DocketDisciplinary Docket no. 76 D.B. 91
StatusPublished

This text of 20 Pa. D. & C.4th 385 (In re Anonymous No. 76 D.B. 91) 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. 76 D.B. 91, 20 Pa. D. & C.4th 385, 1992 Pa. LEXIS 593 (Pa. 1992).

Opinions

ECKELL, Vice-Chairman,

Pursuant to Rule 208(d)(2)(iii) of the Pennsylvania Rules of Disciplinary Enforcement, the Disciplinary Board of the Supreme Court of Pennsylvania (“board”) herewith submits its findings and recommendations to your honorable court with respect to the above-captioned petition for discipline.

I. HISTORY OF PROCEEDINGS

The Office of Disciplinary Counsel filed a petition for discipline against respondent on June 10, 1991. The petition contained allegations of professional misconduct based upon respondent’s answers to questions [386]*386submitted to the Pennsylvania Board of Law Examiners in conjunction for application to the Bar of this Commonwealth.

Respondent filed an answer on July 8, 1991, and admitted that she had supplied the Pennsylvania Board of Law Examiners with the responses outlined in the petition for discipline, but denied that she was guilty of any misconduct.

The matter was referred to Hearing Committee [ ], which was chaired by [ ], Esquire, and included [ ], Esquire, and [ ], Esquire. The committee held a hearing on the matter on November 12, 1991. On May 11, 1992, the Hearing Committee filed its report and recommended that respondent be suspended from the practice of law for a period of three years.

On May 22, 1992, respondent filed a brief on exceptions to the findings of the Hearing Committee and requested oral argument.

Petitioner filed a brief in opposition to respondent’s exceptions on June 10, 1992.

Oral argument was heard before a three-member panel of the Disciplinary Board on July 22, 1992.

The matter was adjudicated at the July 24,1992 meeting of the Disciplinary Board of the Supreme Court of Pennsylvania.

II. FINDINGS OF FACT

We make the following findings of fact, based upon stipulations entered into by the parties and testimonial evidence offered by respondent:

(1) Petitioner, whose principal office is now located at Suite 400, Union Trust Building, 501 Grant Street, Pittsburgh, Pennsylvania, is invested, pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforce[387]*387ment (hereafter Pa.R.D.E.), 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 1953 and admitted to the Pennsylvania Bar in 1988. She currently maintains an office located at [ ]. (P-3, Paragraph 2; P-4, Paragraph 2; N.T. 74.)

(3) Respondent is the product of an impoverished, single-parent, housing project household. She was raised in [ ]. (N.T. 74, 75.)

(4) Respondent graduated first in her high school class and was the first black female in her school to obtain a 96 percent average. (N.T. 75-77.)

(5) Following high school, respondent became pregnant and moved in with her child’s father. (N.T. 77.)

(6) Respondent subsequently returned to school and graduated from the University of [ ] in 1976 with a degree in sociology. (N.T. 79, 80.)

(7) After college graduation, respondent was employed by the [ ] Bank, first in [ ] and then in [ ], where she became the first black office manager. (N.T. 81.)

(8) Respondent later worked for two other employers and married [A], with whom she had an autistic child with hydrocephalus, in 1982. (N.T. 81-83.)

(9) In the early 1980s, respondent’s husband became abusive and developed an addiction to cocaine and heroin, which ultimately resulted in his death in 1985. (N.T. 85, 89.)

(10) In the late 1970s and early 1980s respondent, who had been through bankruptcy proceedings, expe[388]*388rienced difficulty securing a job because of her poor credit rating. Her husband, who worked in the credit industry, recommended that she apply for employment under a false social security number. After securing employment in this manner, respondent corrected the number with her employer. At the time these events occurred, respondent was a single mother, and did not want to go on welfare. (N.T. 86-88.)

(11) Respondent applied for credit cards under the fictitious social security number with the hope of establishing a new credit history. She paid all charges incurred from the use of the credit cards. (N.T. 88, 89.)

(12) In 1982 or 1983, respondent separated from her husband and denied his pleas for reconciliation. In retribution, her husband contacted respondent’s employer and the credit card companies, informing them of her use of a fraudulent social security number. (N.T. 89, 90.)

(13) In August, 1984, respondent was indicted in the United States District Court for the Northern District of [ ], [ ] Division. The matter was subsequently transferred to the Southern District of [ ]. On August 30, 1984, respondent pled guilty to two of the four counts in the indictment charging her with deception about her credit history and use of a false social security number.

(14) In October, 1984, the court suspended the imposition of sentence, placed respondent on concurrent periods of three years’ probation, and ordered her to make restitution in the amount of $1,242.32. She has successfully completed the terms of her probation.

(15) In September, 1984, respondent entered the University of [ ], [ ] School of Law, where she became the first black student to win the moot court competition [389]*389and served as president of the Black Law Student Association (N.T. 101, 102.) She also attended [ ] University in [ ] and received a certificate for her work in the area of intellectual property. (N.T. 102, 103.)

(16) As a second year law student, respondent worked in a clinical program, which required her to apply for law student admission to the [B] Bar. (N.T. 104-106.) Respondent indicated on her application that she had been through a bankruptcy and been convicted of a crime. Her application was denied on “moral grounds.” (N.T. 107.)

(17) In 1988, respondent filed an application for admission to the Pennsylvania Bar. On the application, respondent admitted she had experienced a bankruptcy but denied having ever been arrested or convicted of a crime.

(18) Respondent’s explanation for the discrepancy in her revelations to [B] and Pennsylvania Bar officials was that she believed her record would be expunged under the Youthful Offender’s Act or the Young Adult Offender’s Act after her successful completion of probation. Because of this erroneous belief, according to respondent, she had a record in [B] while still on probation but not when she applied to sit for the Pennsylvania Bar. (N.T. 107, 108.)

(19) [C], respondent’s probation officer, contests this explanation. [C] submitted a letter to the Office of Disciplinary Counsel in which he stated he had advised respondent that she did not qualify for either the Youthful Offender’s Act or the Young Adult Offender’s Act because of her age at the time the offenses were committed. (Ex. P-11.)

(20) Following her 1988 admission to the Pennsylvania Bar, respondent was employed by the [ ] District Attorney’s Office, where she remained until she

[390]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Office of Disciplinary Counsel v. Stern
526 A.2d 1180 (Supreme Court of Pennsylvania, 1987)
Office of Disciplinary Counsel v. Grigsby
425 A.2d 730 (Supreme Court of Pennsylvania, 1981)
Office of Disciplinary Counsel v. Simon
507 A.2d 1215 (Supreme Court of Pennsylvania, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
20 Pa. D. & C.4th 385, 1992 Pa. LEXIS 593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-no-76-db-91-pa-1992.