Richard Hernandez, Philadelphia, for Office of Disciplinary Counsel. September 28, 2019, Pennsylvania Code (Rules and Regulations), Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS, Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA, Chapter 93 - ORGANIZATION AND ADMINISTRATION, Subchapter D - OFFICE OF DISCIPLINARY COUNSEL, 204 Pa. Code 93.63 - Powers and duties of Office of Disciplinary Counsel. Justice NEWMAN files a concurring and dissenting opinion in which Justices CASTILLE and BAER join. Applicants who need accommodation for The committee has now authorized Jessica Yates, the attorney regulation counsel, to file a formal complaint against Ellis with the presiding disciplinary judge, according to Yates. Respondent, Akim Frederic Czmus, filed exceptions to the Disciplinary Board's report and recommendation that he be disbarred and his license to practice law in Pennsylvania be revoked. Ability to work effectively with supervisors and fellow employees. Minimum Qualifications: On April 3, 2001, the Pennsylvania Office of Disciplinary Counsel (ODC) filed a petition for discipline charging respondent with violations of Pennsylvania Rules of Professional Conduct 8.1(a) and 8.4(b)-(d). 389 0 obj
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Click here to see if our office is in possession of your attorneys files. Appropriately document each file during the investigation (e.g. Knowledge of state and federal laws, particularly in regard to disciplinary administration. Jun 2021 - Present1 year 10 months. Box 577, Helena, MT 59624. Ability to work effectively with supervisors and fellow employees. The respondent attorney violated Pa. R. Prof. The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that 2457; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. ."). In his answer, respondent admitted making the serial falsehoods and "that at the time such statements were made he knew that each such statement was false." ("Respondent has been a fraudulent member of this bar since the very beginning of the process. System. By order of the Supreme Court of Pennsylvania, the general statewide judicial emergency declared and maintained in previous Court Orders of March 16, March 18, March 24, April 1 and April 28 ceased as of June 1, 2020. At the end of the conference, respondent sought and was granted a continuance to May 8, 2002 for his full hearing. 21. In Czmus, our Court disbarred an attorney who willfully concealed the fact that he had previously worked as a physician and committed acts of serious malpractice which led to his medical license revocation, as well as falsified his work history on his applications to the bar of both Pennsylvania and New Jersey. guW+@P'30@'3!|VM0zHq30~3j
Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. While respondent was on probation and contesting New York's reciprocal discipline, the California medical board lodged new accusations against him, charging that during his license probationary period, respondent engaged in grossly negligent or incompetent treatment of six patients, one of whom lost most of his eyesight. The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political Full vaccination against COVID-19. James Patrick Leonard, Philadelphia, for Akim Frederic Czmus. 601 Commonwealth AvenueP.O. The Disciplinary Board rejected the recommendation of the Hearing Committee and held: "The Board's review of the record persuades us that this case requires disbarment." affiliation, race, color, age, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or other non-merit 7, February 18, 2023. Respondent represented Pennsylvania State University (Penn State) and three of its administrators during grand jury proceedings investigating matters relating to child abuse accusations against a former assistant football coach. Immediately preceding text appears at serial pages (376986) to (376987). Contact your local county court for more information orvisit their website.You can also learn more about mitigating the spread of the virus atHealth.pa.gov. hbbd``b`.@
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WebThe location of the headquarters of the Office of Disciplinary Counsel and the office of the Chief Disciplinary Counsel is: Office of Disciplinary Counsel. In 1995, respondent submitted applications to sit for the Pennsylvania and New Jersey bar examinations. To Apply: As directed, take additional action, He also surrendered his New York medical license. In 1998, New Jersey attorney disciplinary authorities learned respondent was a former physician with a record of professional misconduct and discipline. (b)Disciplinary District Offices. hb```e``:"m@(aBYa%06f0 -
2`PFm*+-L|G=YD3+>Xdi2. Commonwealth v. Stern, 549 Pa. 505, 701 A.2d 568 (1997); Wajert v. State Ethics Comm'n, 491 Pa. 255, 420 A.2d 439 (1980). A conflict of interest exists under Rule 1.7(a)(1) when the representation of one client is materially adverse to the interests of another client or where there is a significant risk that the representation of one client will be materially limited by the lawyer's responsibilities to another client as proscribed by Rule 1.7(a)(2). Braun offered expert medical testimony that he suffered from neurotic depression at the time of the forgeries and sought to mitigate his sanction to suspension. 39. Justice NEWMAN, Concurring and Dissenting Opinion. Simply to disbar Respondent without revoking his license rewards him for having lied successfully because a petition for reinstatement will not require him to submit a new application for admission to the Board of Law Examiners and take another bar examination. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. For the reasons discussed below, we hold respondent's misconduct and continuous pattern of deceit and dishonesty warrants disbarment. Id. 4624; amended July 11, 1993, effective immediately, 23 Pa.B. Respondent presented the testimony of Dr. Kramer who testified to respondent's weekly psychiatric visits, mental diagnoses, and progress under treatment. Knowledge of state and federal laws, particularly in regard to disciplinary administration. hb```c``z o @1VX_tYs0ia0,,MM;xiL(b^Ih/>t*gf/<1G0v-O'z'~?6-s[7L^aPI!C7QyGwx*YP0(:'(X Respondent has admitted that for 18 years (from 1982-2000), he was incapable of telling the truth in official documents or at official proceedings when it was in his perceived personal interest not to do so. remain in compliance with such laws. Starting salary will vary depending upon the qualifications and employment history of the selected candidate. This position is professional legal work
Review post-dismissal correspondence (including subsequent complaints) from complainants and conduct additional, investigation as necessary to recommend a course of action to Counsel-in-Charge. By order dated December 4, 2001, the New Jersey Supreme Court found respondent had violated two rules of professional conduct and revoked his license to practice law; he was barred from seeking readmission for two years. (a)Chief Disciplinary Counsel. UJS hiring and employment policies and procedures are intended to conform to all applicable I believe that revoking the license of Respondent is an appropriate exercise of such power given the egregiousness of the fraud perpetrated by Respondent on the Board of Law Examiners. Here, this Court will not reward respondent with the presumption of reinstatement after five years since his admittance to the bar was predicated on fraudulent precepts in the first instance. While attending law school, respondent submitted a resum to a law firm falsely representing he held medical licenses in California and New York. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). Because respondent was untruthful to his treating psychiatrists during counseling sessions and treatment interviews, Drs. We communicate regularly with the Governors Office and the state Department of Health for guidance on measures to continue protecting the health and safety of court users and court employees. As directed, take additional action, Conduct 1.1 and 1.7, relating to competence and conflicts of interest, because she had inadequate information for a conflict of interest analysis and there was significant risk that representation of any individual client would materially limit her ability to represent the others. 204 Pa. Code 85.5. Pa. R. Prof. Your Privacy Choices.css-65lj3z{display:inline-block;vertical-align:middle;height:14px;margin-left:6px;}. As this sanction was not sought by Office of Disciplinary Counsel, we decline to impose it at this juncture. WebMembers of the Commission shall attend an orientation program conducted by the Office of Disciplinary Counsel within six months of appointment. "Whenever an attorney is dishonest, that purpose is served by disbarment." matter to trial counsel. Use this button to switch between dark and light mode. These qualities may be examined as part of any request for reinstatement, and there appears little to be gained in making him sit for a test on non-character matters. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. Id. 7348 (November 26, 2022). Petitioner, whose principal office is located at Pennsylvania Judicial Center, Suite 2700, 601 Commonwealth Avenue, Harrisburg, Pennsylvania 17106, is invested, pursuant to Hence, if a person makes a material false statement in connection with an application for admission, it may be the basis for subsequent disciplinary action if the person is admitted. While Braun ultimately replaced the funds, the ODC instituted disciplinary proceedings and recommended disbarment. Abandoned Client Files Bar Associations Respondent was questioned by an investigator with the New Jersey Office of Attorney Ethics about the discrepancies between his New Jersey bar application and the record evidence of his career as a physician and medical disciplinary proceedings. (a) A lawyer is subject to discipline if the lawyer has made a materially false statement in, or if the lawyer has deliberately failed to disclose a material fact requested Bulletin, Vol 45, No. Joint Stipulation of Law and Facts, 5/7/02, at 13. For The 115 0 obj
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PARTIES TO DISCIPLINE ON CONSENT 1. He was licensed to practice medicine in New York after completing his residency in internal medicine at Thomas Jefferson University in Philadelphia; he also completed a residency in ophthalmology surgery. 5156; amended May 22, 2015, effective immediately, 45 Pa.B. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices WebThe Office of Disciplinary Counsel cannot represent you, give you any legal advice, or change the outcome of a court decision. DB.jobopenings@pacourts.us (OR) PO Box 62625. Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. . Instead, in determining the proper measure of discipline, which is not intended to be punitive in nature, we, In contrast, suspension is a withdrawal of the privilege for a defined period of time not to exceed five, Full title:OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. Akim Frederic CZMUS. 215(d), and respectfully represent that: I. The following year, the New York medical licensing board initiated a reciprocal disciplinary proceeding. Description: About eight months later, respondent amended his answer, correcting some of the falsehoods but still fabricating some of his history. Filing of a complaint typically takes 2-3 weeks after getting authorization, Yates wrote to Newsline in an email Wednesday evening. Box 61260Suite 1500Harrisburg, PA 17106, 601 Commonwealth Avenue Suite 1500 Harrisburg, PA 17120, 1515 Market Street Suite 1414 Philadelphia, PA 19102, 2023 The Unified Judicial System of Pennsylvania, Follow the Unified Judicial System on Twitter, INFORMATION ABOUT STATEWIDE COURT RESPONSE TO COVID-19. The The evaluation lasted about two hours, and following a second hour-long evaluation on May 19, 2000, Dr. Sadoff opined: Letter From Dr. Sadoff to Carl Poplar, Esq., 5/22/00, at 13. 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