In re Besden Petition for Reinstatement

10 Pa. D. & C.5th 107
CourtSupreme Court of Pennsylvania
DecidedOctober 21, 2009
DocketDisciplinary Board Docket no. 190 D.B. 2005
StatusPublished

This text of 10 Pa. D. & C.5th 107 (In re Besden Petition for Reinstatement) 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 Besden Petition for Reinstatement, 10 Pa. D. & C.5th 107 (Pa. 2009).

Opinion

O’CONNOR,

Vice Chair,

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 December 1, 2005, Laurie Jill Besden was placed on temporary suspension from the practice of law and the matter was referred to the Disciplinary Board. By order of July 29, 2008, the court suspended Ms. Besden from the practice of law for a period of three years retroactive to December 1,2005. This suspension was based on Ms. [109]*109Besden’s conviction of violations of the Controlled Substance, Drug, Device and Cosmetic Act, Identity Theft and the Pharmacy Act.

On September 29, 2008, Ms. Besden filed a petition for reinstatement to the bar of the Supreme Court of Pennsylvania. Office of Disciplinary Counsel filed a response to petition on December 10, 2008, in which it stated that while not opposing the petition, it would not take a position until after the reinstatement hearing.

A reinstatement hearing was held on February 26,2009 before a District II Hearing Committee comprised of Chair Michael T. Taylor, Esquire, and Members Steven B. Barret, Esquire and Elizabeth A. Schneider, Esquire. Petitioner was represented by Michael B. Hayes, Esquire. Petitioner testified on her own behalf and presented the testimony of five witnesses.

Following the submission of a brief by petitioner, the Hearing Committee filed a report on June 5, 2009 and recommended that the petition for reinstatement be granted.

No briefs on exception were filed by the parties.

This matter was adjudicated by the Disciplinary Board at the meeting on July 18, 2009.

II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner is Laurie Jill Besden. She was born in 1974 and was admitted to the practice of law in the Commonwealth in 1999. Her current business address is Oliver & Caiola, LLC, 2500 DeKalb Pike Suite 100, East [110]*110Norriton, PA 19401. She is subject to the jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.

(2) By order dated December 1, 2005, the Supreme Court of Pennsylvania placed petitioner on temporary suspension as a result of a joint petition filed with the court. Prior to her suspension petitioner was on inactive status since August 2002.

(3) By order of July 29, 2008, the court suspended petitioner from the practice of law for a period of three years, retroactive to the date of petitioner’s December 1, 2005 temporary suspension.

(4) Petitioner’s suspension is based upon criminal convictions for violations of the Controlled Substance, Drug, Device and Cosmetic Act, Identify Theft, and the Pharmacy Act.

(5) From 2002 until January 2004, petitioner was repeatedly arrested and charged with crimes relating to a substance abuse problem.

(6) Petitioner suffered from a long-term addiction to hydrocodone, which she began taking in 1999 while studying for the bar exam. Her addiction to hydrocodone and other drugs worsened over the next few years, until she eventually ingested multiple pills on a daily basis.

(7) On March 29, 2002, petitioner was arrested in Collegeville, Pennsylvania and charged with violations of the Controlled Substance, Drug, Device and Cosmetic Act, Forgery and Pharmacy Act.

(8) On September 3, 2002, in the Court of Common Pleas of Montgomery County, petitioner was placed on A.R.D. as a result of these charges.

[111]*111(9) On August 8, 2002, petitioner was arrested in Whitemarsh, Pennsylvania and charged with DUI and other vehicle offenses.

(10) On February 13, 2003, petitioner entered a plea of guilty to DUI and other vehicle offenses in the Court of Common Pleas of Montgomery County and was sentenced to incarceration of not less than 48 hours nor more than 12 months in the county correctional facility.

(11) On October 16, 2003, petitioner was arrested in Norristown, Pennsylvania and charged with violations of the Controlled Substance, Drug, Device and Cosmetic Act, Theft by Deception and Identity Theft.

(12) On January 29, 2004, petitioner was arrested in Plymouth Meeting, Pennsylvania and was charged with violation of the Controlled Substance, Drug, Device and Cosmetic Act, Pharmacy Act and Identity Theft.

(13) On July 28,2004, petitioner entered an open guilty plea to violations of the Controlled Substance, Drug, Device and Cosmetic Act, Identity Theft and the Pharmacy Act.

(14) On October 14, 2004, petitioner was sentenced to undergo imprisonment for 11 1/2 to 23 months followed by three years of probation at the Montgomery County Correctional Facility.

(15) In addition, petitioner was arrested in Ventnor, New Jersey on September 7,2002, for prescription drug fraud and possession. Petitioner entered into a negotiated plea agreement which included two years probation, fines and a six month driver’s license suspension.

[112]*112(16) On January 29, 2004, J. David Farrell, Esquire, visited petitioner in prison as a representative of Lawyers Concerned for Lawyers (LCL).

(17) Petitioner joined LCL and developed a long-term plan for her treatment and rehabilitation.

(18) Upon her release from prison petitioner attended a 35-day program at the Caron Foundation and intensive outpatient treatment at Program in Counseling for approximately eight weeks.

(19) Petitioner continued with weekly drug counseling at Program in Counseling and joined Narcotics Anonymous (NA) and Alcoholics Anonymous (AA).

(20) Petitioner currently continues as an active member of LCL, NA and AA, attending at least bi-weekly NA meetings, a weekly women’s AA meeting, and monthly LCL meetings. She averages four to six meetings per week in which she frequently relates her story of addiction.

(21) Petitioner has a very repetitive schedule facilitating sobriety, including work, the gym, meetings and walking her dog. When petitioner is unable to adhere to this schedule, she modifies as needed and resumes her schedule as soon as practical.

(22) Petitioner serves as co-chair of the Montgomery County LCL. In addition, petitioner volunteers her time to help other current and former inmates in addiction recovery. She is presently awaiting approval to serve as a speaker and volunteer with NA and AA at the Montgomery County Correctional Facility.

[113]*113(23) Petitioner has continuously maintained her sobriety since January 29, 2004.

(24) In January 2005, petitioner obtained employment as a paralegal with Oliver & Caiola, LLC in East Norriton, Pennsylvania. Petitioner shared her criminal history and drug addiction with her employers, who have treated her as a suspended attorney since the inception of her employment.

(25) Petitioner has not engaged in the practice of law or held herself out as a licensed lawyer during the period of her suspension.

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Related

Philadelphia Newspapers, Inc. v. Disciplinary Board of Supreme Court
363 A.2d 779 (Supreme Court of Pennsylvania, 1976)

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10 Pa. D. & C.5th 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-besden-petition-for-reinstatement-pa-2009.