In re Walters

72 Pa. D. & C.4th 554
CourtSupreme Court of Pennsylvania
DecidedNovember 10, 2004
DocketDisciplinary Board Docket no. 76 D.B. 1998
StatusPublished

This text of 72 Pa. D. & C.4th 554 (In re Walters) 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 Walters, 72 Pa. D. & C.4th 554 (Pa. 2004).

Opinion

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

RUDNITSKY, 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

Petitioner, Richard J. Walters, filed a petition for reinstatement to the bar of Pennsylvania on December 29, 2003. Petitioner was suspended for three years by order of the Supreme Court of Pennsylvania dated December 14, 2000.

[556]*556A reinstatement hearing was held on May 24, 2004, before Hearing Committee 4.07 comprised of Chair Marie Milie Jones, Esquire, and Members Larry D. Meredith, Esquire, and Jerry A. Johnson, Esquire. Respondent was represented by Dennis M. Blackwell, Esquire. Respondent testified and presented the testimony of four witnesses.

The Hearing Committee filed a report on July 15,2004 and recommended that petitioner’s petition for reinstatement be granted.

No briefs were filed by the parties.

This matter was adjudicated by the Disciplinary Board at the meeting of September 27,2004.

II. FINDINGS OF FACT

The board makes the following findings of fact:

(1) Petitioner is Richard J. Walters. He was bom in 1961 and was admitted to practice law in Pennsylvania in 1990. His current address is 5460 White Oak Ave., Unit Gill, Encino, CA91316.

(2) Petitioner was suspended from the practice of law for three years by order of the Supreme Court of Pennsylvania dated December 14,2000.

(3) In January 1998, in a non-jury trial in Allegheny County, petitioner was found guilty but mentally ill of the offenses of harassment by communication, terroristic threats, and summary harassment arising out of incidents occurring in connection with his contacts with an adult woman and a Greek Orthodox priest. The incidents occurred in 1997.

[557]*557(4) On March 25, 1998, petitioner entered a plea of guilty but mentally ill to indecent exposure and disorderly conduct after he disrobed and ran though a nuns’ dormitory at a Greek Orthodox monastery, shouting in an incoherent manner. This event happened in April 1997.

(5) After conviction, petitioner was sent to May view State Hospital for evaluation in consideration of sentencing. His discharge diagnosis was bipolar disorder and marijuana abuse disorder.

(6) Petitioner was sentenced to one year of restrictive intermediate punishment and seven years of probation. Special conditions included attendance at treatment session, submission to urinalysis, attendance at outpatient programs, entry into Lawyers Concerned for Lawyers and abstention from illegal drugs and alcohol.

(7) Petitioner began treatment in April 1997 with Dr. Marc E. Garfinkel, a psychiatrist.

(8) Dr. Garfinkel diagnosed petitioner as suffering from an acute mixed manic episode with psychotic features that followed years of hypomania, starting in 1993.

(9) Dr. Garfinkel initially prescribed Depakote three times daily, which worked to control petitioner’s symptoms.

(10) Petitioner has been under the continuous care of Dr. Garfinkel since April 1997.

(11) Dr. Garfinkel testified at the reinstatement hearing.

(12) Petitioner’s current diagnosis is Bipolar I Disorder, in full remission.

[558]*558(13) Petitioner continues to take Depakote three times daily. The blood serum Depakote levels have been consistent during the past years and show that petitioner has taken the medication as prescribed.

(14) Petitioner sees Dr. Garfinkel every three to six months, which is the sufficient amount of times per year for the doctor to monitor respondent’s progress.

(15) Although petitioner currently lives in California, he continues to use Dr. Garfinkel as his psychiatrist since petitioner visits Pittsburgh regularly due to family and business connections.

(16) Dr. Garfinkel opined that such a long-distance situation was not unusual, given petitioner’s stability.

(17) Dr. Garfinkel made clear to petitioner that, if he experienced flare-ups while in California, he would have to seek treatment there.

(18) Petitioner has been entirely compliant with treatment.

(19) Petitioner’s risk of relapse is very low as long as he takes his medication and abstains from substance abuse.

(20) Dr. Garfinkel did not think that the normal stress of practicing law would result in petitioner having another manic episode.

(21) Dr. Garfinkel opined that there is no psychiatric or medical reason that would prevent petitioner from practicing law.

(22) Three character witnesses testified on behalf of petitioner. All three witnesses gave credible testimony.

(23) Mark Flaherty is a Pennsylvania lawyer who was in recovery with petitioner. He has known petitioner since [559]*5591998. He described petitioner as dedicated to the process of recovery. Mr. Flaherty believes petitioner’s reinstatement to the practice of law will not be detrimental to the public interest.

(24) Travis Klein is petitioner’s recovery sponsor. He has known petitioner for more than five years and has spent a lot of time with petitioner. He believes that petitioner is dedicated to his recovery and would be an asset to the legal community if reinstated.

(25) Father Nicholas Boldireff is a Russian Orthodox priest at St. Innocent Orthodox Church in Tarzana, California, where petitioner is a congregant. He has known petitioner for more than two years and is aware of the facts of petitioner’s conviction. He believes that the public interest would not be jeopardized by petitioner’s return to the practice of law.

(26) Petitioner completed all of the requirements of his criminal sentence. He was released early from probation in 2000 by Judge Manning of the Allegheny County Court of Common Pleas.

(27) During his suspension, petitioner initially took a temporary position with Robert Deer, Esquire, an attorney in Pittsburgh, then took a job in construction.

(28) In late 2001, petitioner moved to California to pursue an acting and screenwriting career. He has found work as a background extra in various productions, and is involved in a theater group called the Will Geer Theatricum Botanicum, which performs for school children, among others.

(29) Petitioner has not pursued any legal employment in California.

[560]*560(30) Petitioner fulfilled his Continuing Legal Education requirements for reinstatement to practice law in Pennsylvania.

(31) If reinstated, petitioner intends to remain in California and sit for that jurisdiction’s bar examination.

(32) Petitioner is sober and attends Alcoholics Anonymous meetings at least once per week.

(33) Petitioner expressed sincere remorse for his past actions. He does recognize that his mental disorder is a lifelong one and must be continuously maintained by medication.

III. CONCLUSIONS OF LAW

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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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72 Pa. D. & C.4th 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-walters-pa-2004.