In re Greenberg

318 A.2d 740, 457 Pa. 33, 1974 Pa. LEXIS 815
CourtSupreme Court of Pennsylvania
DecidedApril 4, 1974
DocketPetition, No. 490, Miscellaneous Docket No. 18
StatusPublished
Cited by17 cases

This text of 318 A.2d 740 (In re Greenberg) 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 Greenberg, 318 A.2d 740, 457 Pa. 33, 1974 Pa. LEXIS 815 (Pa. 1974).

Opinions

Opinion by

Mr. Chief Justice Jones,

The present matter is before the Court pursuant to the petition of Stanley M. Greenberg to vacate order of suspension entered by this Court on March 24, 1971. The Opinion and Order of this Court upon petitioner’s suspension are found at In Re Stanley M. Greenberg, Judge, Court of Common Pleas of Philadelphia, 442 Pa. 411, 280 A.2d 370 (1971). This Court’s suspension order followed petitioner’s conviction of one count of conspiracy in violation of 18 U.S.C. §371, on April 29, 1970, in the United States District Court for the Eastern District of Pennsylvania.

Petitioner has presented this Court with the strongest conceivable case for reinstatement of a judicial officer who has been suspended due to conviction of a crime. The strength of petitioner’s case rests upon all of its facets: his exemplary reputation as a practicing lawyer and as a member of the judiciary; the unusual circumstances surrounding his trial and conviction; his outstanding service to the community, the legal profession and the eourts even since his conviction [35]*35and suspension; the record compiled at a public hearing before a three-judge disciplinary court which decided not to impose disciplinary action upon petitioner as respects his position at the Bar; and, finally, the Presidential Pardon which petitioner obtained on December 5, 1973.

A review of all the circumstances briefly summarized above has convinced us that, if we are ever to permit a judge to resume his duties after a suspension due to conviction of a crime, the instant petition for reinstatement presents that situation.

Although it is, of course, not within our power to go behind the validity of petitioner’s conviction collaterally, it is our duty to consider the totality of all the circumstances when determining questions pertaining to professional and judicial discipline.

Petitioner was convicted of one count of conspiracy in a federal mail fraud prosecution involving a check-writing scheme in which petitioner’s then client was the principal. That conviction, however, was obtained after a complicated trial lasting eight weeks in which the jury had initially reported itself “hopelessly deadlocked” as to petitioner. Only after being sent back for further deliberation was the jury able to return a verdict slip on which petitioner had initially been found not guilty on all counts, and later found guilty as to Count I (the conspiracy count) and not guilty as to the remaining twenty counts which comprised the substantive charges. The mark which the jury had originally placed in the “not guilty” column for Count I was crossed out and placed in the “guilty” column.

Indeed, the trial court originally did not know what to make of the verdict slip. The trial court record reveals that the trial judge stated: “The Court: I might say for the record, the Court is very concerned with this verdict. I now show it to all counsel. I don’t know what it means, very frankly, as to Count I.”

[36]*36The facts adduced at petitioner’s trial establish that he signed none of the checks involved in the check-kite scheme; that he was neither an officer nor a director of the corporations when the checks in question were misused; that he received no money from the kite; and that no bank suffered any loss as a result of any act by petitioner. These facts, together with the testimony at petitioner’s hearing before the Disciplinary Court of all the attorneys involved with the trial and subsequent appeals, convince us of the likelihood that petitioner was convicted solely due to his client’s misdeeds.

Petitioner’s client was tried together with bim and petitioner was unable to divorce himself totally from the circumstances with which he found himself surrounded, especially in the atmosphere of a joint trial. Indeed, the only person capable of fully exonerating petitioner was Ms former client and co-defendant. But, on advice of counsel, petitioner’s former client exercised Ms constitutional right to refuse to testify, and petitioner lost the only witness who could definitely establish his innocence.

Petitioner’s co-defendant, his ex-client, Frank Alper, was represented by the Honorable G. Fred DiBona (now Judge of the Court of Common Pleas of PhiladelpMa County) and later by A. Charles Peruto. At the petitioner’s disciplinary hearing both testified that Al-per had always insisted upon petitioner’s total innocence of the entire matter. John R. McConnell, an ex-chancellor of the PhiladelpMa Bar Association, who represented petitioner at his trial, testified: “Your Honors, on my oath as an attorney this man was no more guilty of the crime than my youngest daughter.” Furthermore, Bernard G. Segal, past Chancellor of the PhiladelpMa Bar Association and past President of the American Bar Association, I. Raymond Kremer, and William T, Coleman, each of whom represented petition[37]*37er in Ms appeals, indicated their firm belief in petitioner’s innocence. Richard A. Sprague, First Assistant District Attorney for Philadelphia, also testified to Ms belief that petitioner was the victim of a “miscarriage of justice.”

The Honorable Lawrence A. Whipple, trial judge, who sentenced petitioner to a term of only six months’ unsupervised probation, wrote a letter to President Nixon on April 25, 1972, in which, referring to petitioner’s intention to seek a Presidential Pardon, he stated: “. . . I am thoroughly familiar with the factual background of this case and it is my judgment, considering the totality of the circumstances, that he is entitled to a pardon. . . .”

Due to petitioner’s conviction, on April 7, 1972, the Committee of Censors of the PMladelpMa Bar Association filed in the Court of Common Pleas of Philadelphia County a petition for a rule to show cause why petitioner should not be disciplined, by reason of his conviction, under Rule 200 (d) (1) of that Court. On June 19, 1972, a three-judge disciplinary court, composed of the Honorable Herbert S. Levin, the Honorable Leo Weinrott and the Honorable Edward J. Bradley, held an evidentiary hearing wMch was open to the public at petitioner’s request.

The hearing produced an outpouring of support for petitioner. Every segment of the Bar was represented by those who spoke of petitioner’s integrity and ability with the highest possible encomiums. Both of Philadelphia’s past American Bar Association Presidents, Bernard G. Segal and David F. Maxwell, testified in petitioner’s behalf. Bernard G. Segal testified that “. . . in my opinion, there is no Judge in the Courts of PhiladelpMa who is more highly regarded than Judge Green-berg and more justifiably so.” Additionally, six former Chancellors of the PMladelphia Bar Association (Ber[38]*38nard G. Segal, David Berger, Louis J. Goffman, Lewis H. Van Dusen, Jr., John R. McConnell and Robert Trescher)

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Bluebook (online)
318 A.2d 740, 457 Pa. 33, 1974 Pa. LEXIS 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-greenberg-pa-1974.