In re Conrad

46 Pa. D. & C.5th 225
CourtSupreme Court of Pennsylvania
DecidedMarch 17, 2015
DocketNos. 171 DB 2007, 169 DB 2008, 187 DB 2011
StatusPublished

This text of 46 Pa. D. & C.5th 225 (In re Conrad) 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 Conrad, 46 Pa. D. & C.5th 225 (Pa. 2015).

Opinion

PER CURIAM,

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 September 25, 2013, the Supreme Court of Pennsylvania suspended W. Christopher Conrad for a period of 18 months, retroactive to August 22, 2012. This suspension was based on a criminal conviction for alcohol-related crimes. Mr. Conrad filed a petition for reinstatement on December 24, 2013. Office of Disciplinary Counsel filed a response on March 19,2014.

A reinstatement hearing was held on May 12, 2014, before a District IV Hearing Committee comprised of Chair Philip W. Zarone, Esquire, and Members Regina C. Wilson, Esquire, and Jill D. Sinatra, Esquire. Petitioner was represented by John E. Quinn, Esquire. Petitioner testified on his own behalf and introduced exhibits PE-A through PE-G.

Following the submission of a brief by petitioner, the [227]*227hearing committee filed a report on November 14, 2014 and recommended that the petition for reinstatement be granted.

This matter was adjudicated by the disciplinary board at the meeting on January 15, 2015.

II. FINDINGS OF FACT

The board makes the following findings of fact:

1. Petitioner is W. Christopher Conrad. He was bom in 1949 and was admitted to the practice of law in Pennsylvania in 1978. His current attorney registration address is 2700 Broadway Ave, Apt. 7, Pittsburgh PA 15216. Petitioner is subject to the disciplinary jurisdiction of the disciplinary board of the Supreme Court of Pennsylvania.

2. Petitioner was suspended on consent from the practice of law by the Supreme Court of Pennsylvania by order of September 25, 2013, effective August 22, 2012, for a period of 16 months.

3. That order of suspension resulted from petitioner’s conviction of DUI and alcohol-related crimes in the Court of Common Pleas of Allegheny County on April 6, 2011, which conviction had been certified to the Supreme Court by Chief Disciplinary Counsel and had been the subject of a rule to show cause proceeding. (N.T. 11)

4. Petitioner has a record of discipline in Pennsylvania. He received a private reprimand in 2008 with probation for a period of two years. The basis for the discipline was petitioner’s January 2007 guilty plea to one count of DUI. Petitioner violated his disciplinary board probation by subsequent DUI arrests and the instant conviction.

5. Following petitioner’s admission to the bar in [228]*2281978, he was employed as an Assistant District Attorney in Allegheny County from 1978 to 1998, rising to the position of chief of the homicide division. (NT. 15-16)

6. Petitioner unsuccessfully ran for Allegheny County District Attorney in 1998. He then went into private practice. (NT. 16-17)

7. Respondent remained in private practice from 1998 until his suspension in 2012. (NT. 16-19)

8. During the period from 1998 through 2012, petitioner was primarily engaged in private criminal practice, handling all types of matters through court appointments and private retention. He was also subcontracted by the City of Pittsburgh to defend its police officers in federal civil rights cases. (NT. 16-19)

9. Petitioner was a member of the Pennsylvania Bar Association and Association of Government Attorneys in Capital Litigation while a prosecutor. In 1997, he served as President of the Allegheny County Bar Association and as a Board Member of the Association of Government Attorneys in Capital Litigation. (NT. 20-21)

10. Petitioner is an alcoholic who has consumed alcohol regularly throughout his adult life. He started to drink heavily in approximately 2000. (NT. 22)

11. Petitioner has been sober since July 5, 2011. (NT. 22)

12. Petitioner checked himself into Gateway Rehabilitation in Beaver County for inpatient treatment for approximately three weeks after he was twice arrested in May and June of 2011 by the Mount Lebanon Police Department for various offenses. These arrests followed [229]*229petitioner’s April, 2011 conviction. (NT, 22-23)

13. Following his discharge from Gateway Rehabilitation, petitioner entered an outpatient program at Greenbrier Treatment in Robinson Township, Pennsylvania for eight weeks. The program consisted of treatment for five days per week, six hours per day. (NT. 23)

14. Both Gateway and Greenbrier are Alcoholics Anonymous (“AA”) related programs. (NT. 24)

15. Petitioner remains active in AA recovery, attending five to seven meetings a week and regularly attending the weekly lawyer meeting in Pittsburgh. (NT. 25-26)

16. Since March of 2012, petitioner has participated in bi-weekly cognitive therapy individual sessions with Robin Witt, a licensed professional counselor. (NT. 32)

17. At the time of the hearing, petitioner was participating in treatment at Cove Forge Behavioral Health as a result of a September 12, 2011 sentence from Judge David Cashman of Allegheny County on one of the criminal charges that was included in the joint petition for discipline on consent. (NT. 32)

18. Subsequent to the reinstatement hearing, disciplinary counsel confirmed with petitioner’s therapist at Cove Forge that he attended therapy until June 18,2014, had participated in group therapy while in attendance, and to the best of the therapist’s estimation, successfully completed the program, had by all observation remained sober, and expressed a serious desire to remain sober. (Cove Forge Letter dated August 19, 2014)

19. Petitioner intends to continue attending AA meetings five days a week and continue with his sobriety [230]*230efforts. (N.T. 25, 34)

20. Petitioner’s prospects for continued sobriety remain promising as long as he continues his current treatment.

21. As of the time of the hearing all of petitioner’s criminal matters had been resolved or dismissed. (N.T. 26,33)

22. There is no evidence that petitioner’s alcoholism resulted in any prejudice to a client.

23. Petitioner has shown remorse for his criminal conduct and the shame brought upon the bar and the legal community as a result of his actions. (N.T. 49, 57)

24. Attorneys Bryan Campbell, Patrick Tomassey, Bruce Carsia, and Joseph Paletta testified on petitioner’s behalf at a previous hearing in June 2012. These attorneys lauded petitioner’s expertise as both a prosecutor and a defense lawyer in the field of criminal law. (PE C-F)

25. Petitioner has no judgments or civil matters pending against him, his taxes are current, and he is receiving Social Security retirement benefits. (N.T. 38)

26. Petitioner has taken the requisite number of Continuing Legal Education (“CLE”) hours for reinstatement. (N.T. 35-37)

27. If reinstated, petitioner intends to resume private law practice. (N.T. 53-54)

28. Office of disciplinary counsel does not oppose reinstatement.

III. CONCLUSIONS OF LAW

1. Petitioner has met his burden of proof by clear and convincing evidence that he [231]

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Bluebook (online)
46 Pa. D. & C.5th 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-conrad-pa-2015.