In re Hykel

78 Pa. D. & C.4th 214
CourtSupreme Court of Pennsylvania
DecidedJuly 8, 2005
DocketDisciplinary Board Docket no. 9 D.B. 2002
StatusPublished

This text of 78 Pa. D. & C.4th 214 (In re Hykel) 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 Hykel, 78 Pa. D. & C.4th 214 (Pa. 2005).

Opinion

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

McLAUGHLIN, 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

Petitioner, John J. Hykel, filed a petition for reinstatement to the bar of the Supreme Court of Pennsylvania on May 30,2003. Petitioner was suspended for two years retroactive to January 23,2002, by order of the Supreme Court dated July 17, 2002. This was a reciprocal discipline based on petitioner’s two-year suspension by the Immigration Court.

A reinstatement hearing was held on April 26 and April 28,2004, before Hearing Committee 1.15 comprised of Chair Michael T. Scott, Esquire, and members Howard J. Kaufman, Esquire and Christopher R. Booth Jr., Esquire. Petitioner was represented by John Rogers Carroll, Esquire.

[216]*216Following the submission of briefs by the parties, the Hearing Committee filed a report on January 18, 2005, and recommended that petitioner be reinstated to the practice of law.

Office of Disciplinary Counsel filed a brief on exceptions to the report on February 7,2005. Respondent filed a brief opposing exceptions to the report on February 28, 2005.

This matter was adjudicated by the Disciplinary Board at the meeting of May 18, 2005.

II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner is John J. Hykel. He was bom in 1949 and was admitted to practice law in Pennsylvania in 1976. His current home address is 111 Allgates Drive, Haverford PA 19041.

(2) Petitioner was suspended for two years retroactive to January 23, 2002, by order of the Supreme Court of Pennsylvania dated July 17, 2002.

(3) From May 1976 to May 1980, petitioner was employed by the Immigration and Naturalization Service (INS) in Philadelphia as a naturalization examiner.

(4) In May 1980, petitioner left the INS and opened a private law practice in Philadelphia. He specialized in immigration and naturalization cases and continued to do so for 20 years until his suspension by the Immigration Court. A consent order was entered by the immigration judge on February 7, 2002 suspending petitioner for two years, retroactive to March 8, 2001.

[217]*217(5) In August 1997, an undercover FBI agent, accompanied by two cooperating government witnesses, met with petitioner in his Philadelphia law office to discuss obtaining work visas.

(6) One witness pretended to be the owner of a garment manufacturing company, who told petitioner that he was interested in securing work visas. Petitioner advised the witness that the men did not qualify for work visas and urged him to misrepresent their position in an application for labor certifications.

(7) On January 14, 1998, petitioner completed and delivered the false applications for labor certifications to the Alien Labor Certification Unit of the Pennsylvania Department of Labor and Industry. The certifications were then forwarded to the Department of Labor, an agency of the United States, for final review.

(8) In March 1998, petitioner was confronted by the FBI and admitted his criminal conduct. He cooperated with the government and entered into a cooperation agreement.

(9) On April 5, 2000, an Information was filed in the United States District Court for the Eastern District of Pennsylvania, charging petitioner with two counts of making false statements to an agency of the United States, in violation of 18 U.S.C. §1001, based on his attempt to obtain two immigrant work visas from the government by filing false applications for labor certifications.

(10) On May 25, 2000, petitioner pleaded guilty to both counts of the Information.

(11) On August 8, 2001, petitioner was sentenced to three years non-reporting probation, a $5,000 fine and a special assessment.

[218]*218(12) Petitioner successfully completed his federal sentence on October 10, 2003, when his probation was terminated early.

(13) Petitioner suffers from an alcohol and cocaine dependency. He has been sober since 1993.

(14) Petitioner was diagnosed with bipolar disorder in June 1998. He takes the medication Neurontin and is under the care of Dr. Ronald Serota.

(15) According to Dr. Serota, who testified at the reinstatement hearing, petitioner’s prognosis for recovery is very good based on his positive response to the medication, his consistency in taking it as prescribed, and his participation in psychotherapy.

(16) Petitioner understands that he must continue with his medication and therapy in order to ensure that his bipolar condition stays under control.

(17) In anticipation of being suspended from practice before the immigration courts and in Pennsylvania state court, petitioner contacted John Seehousen, a Philadelphia lawyer with 34 years of experience, to take over his practice while he was suspended.

(18) Mr. Seehousen agreed to form a partnership with petitioner and drafted a partnership agreement.

(19) As of March 8, 2001, the effective date of petitioner’s suspension from the Immigration courts, Mr. Seehousen assumed responsibility as counsel for all immigration matters that previously had been handled by petitioner.

(20) As of March 8,2001, petitioner stopped going to his office regularly and limited his activities to ministerial and paralegal services.

[219]*219(21) He did not give advice to clients or practice law subsequent to March 8, 2001.

(22) Every existing client of petitioner’s firm was advised by letter that petitioner had been suspended. These clients were asked to sign a contract acknowledging that Mr. Seehousen would be representing them.

(23) While new clients were not advised of petitioner’s suspension, the letters of representation with new clients specified that Mr. Seehousen would handle the cases.

(24) As of February 22, 2002, the effective date of petitioner’s suspension by the Supreme Court of Pennsylvania, petitioner ceased going to the office entirely and performed no paralegal work. Everything bearing petitioner’s name was removed from the office, with the exception of a small plaque that said “John J. Hykel.” This plaque was not visible to the public but remained on the door to petitioner’s personal office.

(25) All legal fees that petitioner received from Mr. Seehousen in 2002,2003, and 2004 were earned prior to the effective date of his state court suspension.

(26) During his suspension, petitioner volunteered to speak and lead Alcoholics Anonymous meetings at least twice per month in several county prisons in suburban Philadelphia.

(27) Petitioner volunteered more than 400 hours of service to AA at its Intergroup office in Philadelphia, answering telephone calls from people seeking help.

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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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Bluebook (online)
78 Pa. D. & C.4th 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hykel-pa-2005.