7348 (November 26, 2022). The Description: "[M]indful of the serious nature of [r]espondent's misconduct in [providing] false information on his bar application in numerous areas in a calculated attempt to conceal misconduct as a medical doctor and related disciplinary action . WebOffice of Disciplinary Counsel 201 Merchant Street, Suite 1600 Honolulu, Hawaii 96813 Phone: (808) 521-4591 For access to Traffic cases; District Court, Circuit Court, and Family Court criminal; District Court, Circuit Court civil, and Family Court civil; Land Court and Tax Appeal Court; and appellate court case information. 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. 7, February 18, 2023. Below is a comparison between our most recent version and the prior quarterly release. A client may waive a conflict of interest, but only upon providing informed consent. Respondent's Answer to Petition for Discipline, at 3. Knowledge of and skillful ability in Microsoft Office Suite and other basic or proprietary computer applications. Petitioner, whose principal office is located at Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 2700, P.O. While respondent concealed his deceit from the Board of Law Examiners initially, he will have to fully disclose and answer for all dishonesty and character issues should he seek reinstatement following disbarment. : c.'`: O f&kDg`Z L
Josh Shapiro, Governor Jennifer Selber, General Counsel. I agree with the Majority that this Court should order the disbarment of Respondent. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). 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. Respondent conceded he made errors on the application, but attributed them to confusion; he alleged he thought he was to list only undergraduate schools and degrees, and claimed he did not list his medical disciplinary proceedings because he thought each had been dismissed and administratively expunged. 144 0 obj
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and analysis, communication with complainants and respondent-attorneys, and legal writing. The Disciplinary Board Make your practice more effective and efficient with Casetexts legal research suite. Eligibility. In Braun, the respondent was brought before the Disciplinary Board for forging his client's signature on 15 checks and converting a total of $1,962.94 for his own use. While Braun ultimately replaced the funds, the ODC instituted disciplinary proceedings and recommended disbarment. The primary purpose of our lawyer discipline system in Pennsylvania is to protect the public, preserve the integrity of the courts, and deter unethical conduct. 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. The Board commented: "The quantity and quality of [r]espondent's lies over such a long period of time is unlike anything witnessed by this Board in previous cases." Justices CASTILLE and BAER join this concurring and dissenting opinion. There is no fee for this service. For The Dr. Sadoff also testified that if respondent continued his therapy sessions and medications, he believed respondent's mental infirmities would not inhibit his future ability to practice law or conform to ethical conduct. Consideration is to be given to any mitigating factors that are present. His subsequent applications to Verdugo Hills Hospital and Glendale Adventist Medical Center in Glendale, California, falsely represented he was certified by the American Board of Ophthalmology. in fulfillment of ODCs mission to protect the public and ensure the integrity of the bar involving the performance of research OGC Main Office Attorneys. 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. I further agree with the reasoning of the Majority in support of this decision. Click here to see if our office is in possession of your attorneys files. endstream
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39. Eventually, respondent conceded at the hearing he made the above misrepresentations because he had spent three years in law school and was afraid if he revealed his past and was denied permission to sit for the bar exam, he would lose those three years of his life. The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that Office of Disciplinary Counsel v. Pozonsky, Office of Disciplinary Counsel v. Cappuccio, California Business and Professions Code 2261. state and federal laws governing fair and nondiscriminatory hiring and employment practices and are subject to change as necessary to all applicants are given a fair and equal opportunity to compete for all employment positions. Report and Recommendation of the Disciplinary Board, 3/8/04, at 18. hb```c``z o @1VX_tYs0ia0,,MM;xiL(b^Ih/>t*gf/<1G0v-O'z'~?6-s[7L^aPI!C7QyGwx*YP0(:'(X May utilize the assistance of staff (e.g. (following Office of Disciplinary Counsel v. Braun, 520 Pa. 157, 553 A.2d 894 (1989)). The Office of Disciplinary Counsel did not seek revocation of respondent's license to practice law. "Whenever an attorney is dishonest, that purpose is served by disbarment." See Renfroe, at 403-04 ("The power of a court to disbar an attorney should be exercised with great caution, but there should be no hesitation in exercising it when it clearly appears that it is demanded for the protection of the public.") 218(b) (disbarred attorney must wait at least five years to apply for reinstatement). UJS hiring and employment policies and procedures are intended to conform to all applicable Starting salary will vary depending upon the qualifications and employment history of the selected candidate. Communicate with respondents to obtain information or documentation relevant to an investigation or to resolve matters. At the end of the conference, respondent sought and was granted a continuance to May 8, 2002 for his full hearing. We find respondent's level of fraud, which transcended professions and jurisdictions, requires disbarment. He also surrendered his New York medical license. ."). @/bL0D1r1. WebOffice of Disciplinary Counsel v. Preski, 635 Pa. 220, 134 A.3d 1027, 1031 (2016). Web1. May utilize the assistance of staff (e.g. Skill in analyzing and drafting legal documents, legal instruments, and other work product. 204 (types of discipline available). General information is also provided on our, Contact your local county court for more information or, You can also learn more about mitigating the spread of the virus at, Search, view and print court docket sheets, Securely pay fines, costs, and restitution, Electronically file documents with the courts, Commonwealth Court Prothonotary's Address, Office of Children & Families in the Courts, Office of Children & Families - Dependency Court Analyst, Disciplinary Counsel, Central Intake - Disciplinary Board of the Supreme Court of PA, Assistant Counsel - Judicial Conduct Board, Solicitor for the Special Court Judges Association of Pennsylvania, $29.4939/hr. Graduation from an approved school of law, PLUS progressively responsible experience in professional legal work. Justice NEWMAN files a concurring and dissenting opinion in which Justices CASTILLE and BAER join. Current Maximum Salary: $129,938 Hearing, 5/8/02, at 146. This way, the Board argues, respondent will not get the benefit of bypassing the Law Examiners if successful on reinstatement. Where the complaint does not provide a basis to open a formal investigation or where Disciplinary Counsel does not have jurisdiction, the complaint is treated statistically as an undocketed matter. 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. ("Respondent has been a fraudulent member of this bar since the very beginning of the process. Id., at 19. That said, respondent's sins were not such as involved knowledge or legal abilities they were sins of character and truthfulness. hb```e``:"m@(aBYa%06f0 -
2`PFm*+-L|G=YD3+>Xdi2. Please direct comments or questions to. affiliation, race, color, age, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or other non-merit No statutes or acts will be found at this website. The Disciplinary Board, however, has recommended this Court not only disbar respondent, but immediately revoke his license to practice law; this would require respondent to reapply for the bar examination, pass the Board of Law Examiners' character and fitness evaluation, and pass the bar examination before being eligible to seek reinstatement following his five-year disbarment. WebThe Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that investigates and prosecutes complaints of Applicants who need accommodation for WebDisciplinary Counsel conducts a preliminary review or inquiry. (CNN) -- The disciplinary office that regulates attorney conduct in Colorado is taking steps toward potentially bringing an ethics complaint against Jenna Ellis, the lawyer who played a prominent role in former President Donald Trump's attempts to Respondent's Pennsylvania bar application contained the following verification whereby he attested, under penalty of perjury, that his submission contained no omissions or falsehoods: Application for Admission to the Bar of the Commonwealth of Pennsylvania, 4/9/95, at 5. Philadelphia, Trooper, Harrisburg, or Pittsburgh office, remote work is available for many of the positions duties. an interview should request so in advance. Remarks: Disciplinary Board employees are not state employees and therefore not participants in the State Employees Retirement endstream
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Reasonable accommodations will be provided to applicants with disabilities as may be necessary to ensure that Office of Disciplinary Counsel v. Eilberg, 497 Pa. 388, 441 A.2d 1193 (1982). Sadoff and Kramer compounded respondent's untruthful testimony. Prepare dismissal letters, letters of concern or education, and other correspondence. 2021), alloc. WebThe Office of Disciplinary Counsel cannot represent you, give you any legal advice, or change the outcome of a court decision. Respondent filed an answer to the complaint which contained and compounded the original misrepresentations and omissions. Make your practice more effective and efficient with Casetexts legal research suite. Appropriately document each file during the investigation (e.g. It is within the inherent and exclusive power of this Court to govern the conduct of attorneys. Each of the appellate courts and each of the local or county courts acts separately to hire those individuals needed to maintain their respective operations. Unified Judicial System Hiring Policy Revocation of respondent's license has some allure, but there appears no direct support for such discipline in the Rules of Disciplinary Enforcement. $30 - 75/hour depending on qualifications. ." Use this button to switch between dark and light mode. Chief Justice CAPPY and Justices NIGRO and SAYLOR join the opinion. WebMembers of the Commission shall attend an orientation program conducted by the Office of Disciplinary Counsel within six months of appointment. Braun, at 895-96. Box 62485 Harrisburg, PA 17106-2485 (717) 783-0990 (fax:(717) 783-4963). As directed, take additional action, Pennsylvania Harrisburg, Pennsylvania, United States. The Unified Judicial System of Pennsylvania recruits, employs, and promotes the most qualified applicants without regard to their political Thank you for your interest in employment with the Unified Judicial System of Pennsylvania. 39. September 28, 2019, Pennsylvania Bulletin, Vol 49, No. Petitioner sought to impose discipline on the respondent for violating Pa. R. Prof. WebThe phone number and address are (406) 449-6577, P.O.
The location of the headquarters of the Office of Disciplinary Counsel and the office of the Chief Disciplinary Counsel is: Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2700 P. O. At the time of respondent's proceedings, these rules were as follows: Rule 8.1 Bar Admission and Disciplinary Matters. System. Conduct 1.1 and 1.7 because she jointly represented individual clients and Penn State, and the respondent did not exhibit any understanding of the magnitude of the challenge that she was facing. Abandoned Client Files Bar Associations WebDescription: The Office of Disciplinary Counsel (ODC) is the branch of the Disciplinary Board of the Supreme Court of Pennsylvania that investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Candidates interested in applying for this position are requested to submit a written resume and cover letter in .PDF format It seems justified in this particular instance that [r]espondent be required to start from the very beginning if he desires to practice law in Pennsylvania."). 0
Dr. Sadoff also testified and endorsed Dr. Kramer's findings and diagnosis, stating: "Clearly in my opinion within a reasonable medical certainty [respondent's mental infirmities coupled with his then-present emotional pressures] were a substantial factor and the reason why [respondent] answered [the questions on the bar application] the way he did." %%EOF
Possession of a certificate of admission to the Bar of the Supreme Court of Pennsylvania, or eligibility for such certification. . Agency Chief Counsel. 967; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. This position is professional legal work Pa. R. Prof. September 28, 2019, Pennsylvania Code (Rules and Regulations), Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS, Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA, 204 Pa. Code 85.5 - Location of Office of Disciplinary Counsel. While attending law school, respondent submitted a resum to a law firm falsely representing he held medical licenses in California and New York. A day before his hearing was to begin, respondent endorsed a Joint Stipulation of Law and Facts admitting all the factual averments contained in the disciplinary complaint, and conceded: "[a]s a result of his conduct, as set forth above, [r]espondent violated RPC 8.1(a), RPC 8.4(b), RPC 8.4(c) and RPC 8.4(d)." 6654; amended August 11, 2012, effective immediately, 42 Pa.B. DB.jobopenings@pacourts.us (OR) PO Box 62625. Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. The Disciplinary Board of the Supreme Court of Pennsylvania, Current through Register Vol. Communicate with, and obtain relevant documentation from, third parties regarding allegations of misconduct. Ability to work effectively with supervisors and fellow employees. A grievance against an attorney must be submitted in writing, unless prior approval is received in special circumstances. Current Maximum Salary: $129,938 39. Bulletin, Vol 45, No. .css-30w4xf{display:none;}@media screen and (min-width: 48em){.css-30w4xf{display:inherit;}}Sign In / Create Account.css-1edzhxc{display:inherit;}@media screen and (min-width: 48em){.css-1edzhxc{display:none;}}Sign In / Sign Up, Sign in or create an account to save jobs, Starting Salary Range: $64,988 87,629 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." Joint Stipulation of Law and Facts, 5/7/02, at 13. We continue to monitor developments regarding the spread of the coronavirus (COVID-19) and its impact on court operations. 215(d), and respectfully represent that: I. 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. . See Pa.R.D.E. Pennsylvania The present locations of the district offices of the Office of Disciplinary Counsel for each such disciplinary district are: (1)District I Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania 1601 Market Street Suite 3320 Philadelphia, PA 19103-2337 (215-560-6296) (fax: 215-560-4528), (2)District II Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Suite 170 820 Adams Avenue Trooper, PA 19403-2328 (610-650-8210) (fax: 610-650-8213), (3)District III Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 5800 PO Box 62675 Harrisburg, PA 17106-2675 (717-772-8572) (fax: 717-772-7463), (4)District IV Office Office of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Suite 1300, Frick Building 437 Grant Street Pittsburgh, PA 15219-6002 (412-565-3173) (fax: 412-565-7620). WebThe Office of Disciplinary Counsel shall have the power and duty (pursuant to Enforcement Rule 207(b)): (1) To investigate all matters involving alleged misconduct Ensure, that all file documents are stored electronically. In 1995, respondent submitted applications to sit for the Pennsylvania and New Jersey bar examinations. Moreover, we recognize that the sentence imposed by the federal court has already provided Respondent with punishment for his misconduct. At the hearing, having already admitted to the four rules violations, respondent offered only mitigation to counter the ODC's disbarment recommendation. By way of mitigation, respondent offered the following explanation: "At the time, [he] was suffering under a severe disability resulting from an organic brain dysfunction caused by encephalitis, severe panic attacks and an undiagnosed Bipolar Disorder which medical condition was a causal factor in his actions." matter to trial counsel. Further, the Disciplinary Board noted that respondent subverted the truth-determining process of the Board of Law Examiners while applying to sit for the bar exam and obtained his law license under false pretenses. [As amended by order entered December 6, 1994, effective January 1, 1995.] Id. Skill in analyzing and drafting legal documents, legal instruments, and other work product. DB.jobopenings@pacourts.us (OR) PO Box 62625. WebAre you a PA attorney interested in becoming a Hearing Committee Member with the Disciplinary Board? Pennsylvania Code (Rules and Regulations), Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS, Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA, Section 85.5 - Location of Office of Disciplinary Counsel, Section 85.4 - Information and special instructions, Section 85.6 - Location of Executive Office. including drafting correspondence and recommending whether to re-open a matter. Id., at 896. This position is professional legal work Additional Requirements: 4448; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. On June 5, 2001, the Disciplinary Board appointed a three-member hearing committee to hear respondent's case. There are a number of disciplinary cases involving simple assaults. However, this Court undoubtedly has the inherent power to revoke a license granted in the first place under this Court's rules and authority. (1/4) 27 Feb 2023 13:35:28 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. In November, 1999, respondent began seeing Dr. Gary Kramer, a licensed psychiatrist, who diagnosed respondent as suffering from multiple psychiatric disorders bipolar disorder, panic disorder, obsessive compulsive personality disorder, and depression. Richard Hernandez, Philadelphia, for Office of Disciplinary Counsel. telephone notes, emails, or other documentation). Additionally, respondent falsely represented he lived in Delaware and worked for Kennard Lab Associates during the time he was actually working in California as a physician; Kennard Lab Associates has never been licensed to do business in Delaware and the address respondent provided for this business was fraudulent. including drafting correspondence and recommending whether to re-open a matter. Office of Disciplinary Counsel v. Grigsby, 493 Pa. 194, 425 A.2d 730, 733 (1981). WebOffice of Disciplinary Counsel The Disciplinary Board of the Supreme Court of Pennsylvania Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 2700 P. 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. Dr. Sadoff also referred respondent to Dr. Gerald Cooke, a neurophysiologist, who performed a series of psychological tests. 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. From 1981 to 1984, respondent engaged in the private practice of medicine in New York City and served as Assistant Clinical Professor of Ophthalmology at New York Medical College, St. Vincent's Hospital and Medical Center, and the New York Eye and Ear Infirmary. Ability to express ideas effectively, appropriately, logically, and in an organized fashion, orally and in writing. This stipulation was accepted by California's medical licensing board. Knowledge of and skillful ability in Microsoft Office Suite and other basic or proprietary computer applications. This Court commented on the effect a lawyer's dishonesty and false swearing had on the legal profession: Grigsby, at 733 (citation omitted). WebOffice of Disciplinary Counsel. Petitioner, whose principal office is located at Pennsylvania Judicial Center, Suite 2700, 601 Commonwealth Avenue, Harrisburg, Pennsylvania 17106, is invested, pursuant to 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. 1812; amended November 20, 2009, effective November 21, 2009, 39 Pa.B. Review docket entries, pleadings, and other documents relevant to assigned files. This position is professional legal work In October, 1986, the California Attorney General commenced a disciplinary action against respondent as a result of the false certificates submitted to the two Glendale hospitals. Ability to work without significant supervision. Your Privacy Choices.css-65lj3z{display:inline-block;vertical-align:middle;height:14px;margin-left:6px;}. Case information (b)Disciplinary District Offices. 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. In 1998, New Jersey attorney disciplinary authorities learned respondent was a former physician with a record of professional misconduct and discipline. Knowledge of state and federal laws, particularly in regard to disciplinary administration. matter to trial counsel. 3080; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 418 0 obj
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Minimum Qualifications: PARTIES TO DISCIPLINE ON CONSENT 1. More comparison features will be added as we have more versions to compare. "Truth is the cornerstone of the judicial system; a license to practice law requires allegiance and fidelity to truth." Knowledge of state and federal laws, particularly in regard to disciplinary administration. Before CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ. Appeal from the Pennsylvania Office of Disciplinary Counsel. No statutes or acts will be found at this website. 7348 (November 26, 2022). The provisions of this 85.5 amended through August 30, 1985, effective August 31, 1985, 15 Pa.B. In his application to the law school, respondent failed to disclose he attended medical school, received medical licenses, lived in California, worked as a physician, had disciplinary proceedings in California and New York, and had both states' medical licenses revoked; respondent omitted all history related to his practice of medicine. Web1. and analysis, communication with complainants and respondent-attorneys, and legal writing. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. Prepare memoranda seeking the approval of Counsel-in-Charge to transfer files to trial counsel. Id., at 165-66. Starting Salary Range: $64,988 87,629 0
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. 2457; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. Id. investigates and prosecutes complaints of misconduct against Pennsylvania attorneys. Description: 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. 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. Conduct 1.7 requires attorneys to avoid conflicts of interest in the representation of multiple clients. .," as well as respondent's deceit with regard to his New Jersey bar application, the Hearing Committee recommended respondent's Pennsylvania license to practice law be suspended for five years followed by a two-year probationary period. If you are interested in one of the positions below, contact that particular court. Any previous Orders in this line shall expire according to their own terms. Location of Office of Disciplinary Counsel. (Word, video or audio submissions will not be accepted) noting position title to: Disciplinary Board Executive Offices James Patrick Leonard, Philadelphia, for Akim Frederic Czmus. The Administrative Office of Pennsylvania Courts does not serve as a centralized hiring facility for all court offices within the Commonwealth. hbbd``b`.@
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Office of Disciplinary Counsel v. Keller, 506 A.2d 872 (Pa. 1986). About eight months later, respondent amended his answer, correcting some of the falsehoods but still fabricating some of his history. Report of Hearing Committee 1.03, 6/10/03, at 21-22. The opinion analysis, communication with complainants and respondent-attorneys, and obtain relevant documentation from, third parties regarding of. Regard to Disciplinary administration of publication, 49 Pa.B, or eligibility for such certification 's disbarment.... The Pennsylvania and New York August 31, 1985, 15 Pa.B concurring and dissenting opinion an attorney is,! 38 Pa.B Make your practice more effective and efficient with Casetexts legal research.! The ODC 's office of disciplinary counsel pa recommendation purpose is served by disbarment. correcting some of his history:. Respondent has been a fraudulent member of this 85.5 amended through August 30, 1985, 15 Pa.B change... 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