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Office of Disciplinary Counsel v. Anonymous5/15/2000
REPORT AND RECOMMENDATIONS OF THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA
TO THE HONORABLE CHIEF JUSTICE AND JUSTICES OF THE SUPREME COURT OF PENNSYLVANIA:
Pursuant to Rule 208(d)(2)(iii) of the Pennsylvania Rules of Disciplinary Enforcement, The Disciplinary Board of the Supreme Court of Pennsylvania ("Board") herewith submits its findings and recommendations to your Honorable Court with respect to the above-captioned Petition for Discipline.
I. HISTORY OF PROCEEDINGS
By Order of the Supreme Court of Pennsylvania dated August 27, 1996, Respondent, [ ], was placed on temporary suspension based on his guilty pleas to two Counts of Reckless Homicide and one Count of Failure to do Duty at a Fatal Accident in the [ ] Superior Court No. [ ], State of [ ].
On September 10, 1996, Petitioner, Office of Disciplinary Counsel, filed a Petition for Discipline against Respondent based on his criminal conviction.
On October 9, 1996, Respondent filed an Answer to Petition for Discipline. Simultaneously, Respondent filed an Application to Delay Referral to a Hearing Committee. By Order of the Disciplinary Board dated October 25, 1996, the Board directed that the matter not be referred to a Hearing Committee until after the Respondent's release from incarceration in the State of [ ].
Respondent was released from prison in June 1999 and on July 6, 1999, the matter was referred to Hearing Committee [ ], consisting of Chair [ ], Esquire and Members [ ], Esquire and [ ], Esquire. Committee Member [ ] subsequently recused and Alternate Member [ ], Esquire was appointed.
On September 17, 1999, the disciplinary hearing was held.
On January 19, 2000, the Hearing Committee filed a Report and recommended that Respondent be Suspended from the practice of law for a period of three years, retroactive to August 26, 1996.
No Briefs on Exceptions were filed by the parties.
This matter was adjudicated by the Board on March 22, 2000.
II. FINDINGS OF FACT
The Board makes the following findings of fact: 1. Petitioner, whose principal office is located at Suite 3710, One Oxford Centre, Pittsburgh, Pennsylvania, is invested, pursuant to Rule 207 of the Pennsylvania Rules of Disciplinary Enforcement (hereafter Pa.R.D.E.), with the power and the duty to investigate all matters involving alleged misconduct of an attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of the aforesaid Rules.
2. Respondent was born in 1966 and was admitted to practice law in this Commonwealth in 1991. His registered address is [ ]. He is subject to the disciplinary jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.
3. By Order of August 27, 1996, as a result of a Joint Petition to Temporarily Suspend an Attorney filed by Petitioner and Respondent, the Supreme Court of Pennsylvania placed Respondent on temporary suspension and referred this matter to the Disciplinary Board pursuant to Rule 214(f)(1), Pa.R.D.E.
4. On August 12, 1995, in [ ] County, [ ], Respondent was operating a [ ] automobile in a reckless manner, which involved excessive speed, and while under the influence of alcohol, all of which contributed to Respondent colliding with a [ ] operated by and occupied by .
5. The accident occurred at approximately 11:40 p.m. and Respondent's blood alcohol level approximately two hours later was .09%.
6. As a result of the collision on August 12, 1995, was injured an
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