Office of Disciplinary Counsel v. Casety

512 A.2d 607, 511 Pa. 177, 1986 Pa. LEXIS 824
CourtSupreme Court of Pennsylvania
DecidedJune 30, 1986
StatusPublished
Cited by30 cases

This text of 512 A.2d 607 (Office of Disciplinary Counsel v. Casety) 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
Office of Disciplinary Counsel v. Casety, 512 A.2d 607, 511 Pa. 177, 1986 Pa. LEXIS 824 (Pa. 1986).

Opinions

ORDER

PER CURIAM.

Having reviewed the Petition for Reargument filed by Harold Edwin Casety, Jr., and the Opinion of the Court filed in this matter on December 13, 1985, it appears that revisions on pages nine (9) and twelve (12) of the Opinion are required, and that these corrections can be made without reargument. Accordingly, the Petition shall be considered as a Petition for Reconsideration and is granted. The Prothonotary is directed to file the attached corrected Opinion and to withdraw the Opinion filed by the court on December 13, 1985, 502 A.2d 177.

OPINION OF THE COURT

PAPADAKOS, Justice.

Harold. Edwin Casety, Jr. (Casety) has petitioned this Court from the Finding of Facts and Recommended Discipline of the Disciplinary Board (Board) of this Court recommending that Casety be disbarred from the practice of law.1 The facts are not in dispute and can be briefly summarized.

[179]*179Casety was admitted to the practice of law in 1972, and practiced continuously in the Commonwealth until mid-1979, when he and his girlfriend moved to California. On November 22, 1979, he killed his girlfriend, shooting her five times in various parts of her body. Casety admitted shooting his girlfriend and immediately turned himself over to the police.

After being charged with murder and use of a firearm during the commission of a crime, Casety pled guilty to voluntary manslaughter as defined by the California Penal Code (CPC) § 192, subd. I,2 and to using a firearm during the commission of a felony within the meaning of CPC §§ 12022.5, 1203.06(a)(l)(i).3

As a result of the plea, Casety was sentenced to a term of imprisonment of four years for manslaughter, and two years for using a firearm during the commission of a crime. Casety served almost three and one-half (3V2) years of his sentence in prison before being paroled. He was permitted to return to Pennsylvania to complete his parole, which he successfully completed on October 20, 1984.

After returning to Pennsylvania, Casety, for the first time, notified the Disciplinary Council of his California [180]*180conviction for voluntary manslaughter.4 After Casety’s June 6, 1984, notification to the Board, we suspended Casety from the practice of law pursuant to Pennsylvania Rule of Disciplinary Enforcement (Pa.R.D.E.) 214(d), pending final disposition of disciplinary proceedings to be instituted as a result of the conviction.

A Hearing Committee of the Board conducted its investigation on December 11, 1984, where Casety admitted his conviction and his neglect of four years in notifying the Board of his conviction. At that proceeding, Casety presented evidence only as to the nature of the discipline to be imposed. The Hearing Committee found that Casety’s conviction and deliberate failure to notify the Board of his conviction warranted a five year suspension, effective July 13, 1984, the date of our interim suspension order.

A panel of the full Board heard Exceptions to the Hearing Committee’s recommendation. The Board adopted the Hearing Committee’s findings, but based on its review of the facts and violations involved, on July 24, 1985, recommended that Casety be disbarred. We granted Casety’s request for oral argument from the Board’s findings and recommendations.

Casety acknowledges that his conduct requires that he be disciplined, but contends that a five-year suspension retroactive to April 20, 1980, the date of his guilty plea, would serve both justice and the legal profession. In support of his argument, Casety notes that he has served his incarceration and parole periods without incident, has successfully reformed prior alcohol and drug dependencies which were partially responsible for his conduct in killing his girlfriend, and has made arrangements with the girlfriend’s family to make some form of restitution.

The Office of the Disciplinary Counsel argues that Casety’s conviction for voluntary manslaughter, coupled with his deliberate failure to report the conviction to the Board, [181]*181constitutes misconduct which requires that Casety be disbarred as of July 13, 1984, the date of our interim suspension.

Pa.R.D.E. 214(d) makes clear that any attorney “convicted of a crime which is punishable for one year or upwards in this or any other jurisdiction, excluding violations of the Motor Vehicle Code or a similar law of another jurisdiction,” is subject to immediate suspension pending the final disposition of a disciplinary proceeding. Furthermore, once convicted of a crime, an attorney is required to report the fact of his conviction to the Secretary of the Board within twenty (20) days of the date of sentencing. Pa.R.D.E. 214(a). Any proceedings before the Board or its Hearing Committee under Rule 214 are limited to determining the extent of the final discipline to be imposed, which can consist of any of those disciplines permitted by Rule 204(a).5

Our review of the Board’s findings and recommended discipline is de novo, and we are free to evaluate for ourselves the evidence presented before the Hearing Committee. Office of the Disciplinary Counsel v. Lucarini, 504 Pa. 271, 472 A.2d 186 (1983); Office of the Disciplinary Counsel v. Kneep, 497 Pa. 396, 441 A.2d 1197 (1982); Office of the Disciplinary Counsel v. Lewis, 493 Pa. 519, 426 A.2d 1138 (1981). In this case, however, Casety admits his misconduct and, therefore, there are no factual disputes. Where the disciplinary proceeding arises out of an attorney’s conviction of a crime, our inquiry must focus on whether the attorney’s character, as shown by his conduct, makes him unfit to practice law from the standpoint of protecting the public and the courts. Office of the Discipli[182]*182nary Counsel v. Campbell, 463 Pa. 472, 345 A.2d 616 (1975).

The Board’s factual findings and our review of the record make it clear that Casety’s actions surrounding his girlfriend’s murder were reprehensible and showed a total indifference and disrespect for the law. At the time of the shooting, Casety had already ingested large amounts of sleeping pills and Bentyl tablets (a stimulant), mixing these drugs with at least a half gallon of wine, and was having a bitter argument with his girlfriend. These parties had apparently argued violently before, with Casety trying to “bluff” his girlfriend into staying with him by brandishing a gun at her. On November 22, 1979, Thanksgiving Day, Casety's “bluffs” did not appear to be working and, in a fit of anger, he emptied five bullets into Patricia Bovino’s body, causing her death.

We see in Casety’s conduct intemperance, as well as illegality and moral reprehensibility. As lawyers, we are bound to maintain high standards of professional conduct at all times. Ethical Consideration E.C. 1-5 of the Rules of Professional Responsibility sets the aspirational standard for a lawyer’s conduct:

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Bluebook (online)
512 A.2d 607, 511 Pa. 177, 1986 Pa. LEXIS 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-disciplinary-counsel-v-casety-pa-1986.