In re Anonymous No. 42 D.B. 77
In re Anonymous No. 42 D.B. 77
Opinion of the Court
To the Honorable Chief Justice and Justices of the Supreme Court of Pennsylvania:
Pursuant to Rules 218(c)(5) and 208(d) of the Pennsylvania Rules of Disciplinary Enforcement (rules), the Disciplinary Board of the Supreme Court of Pennsylvania (board) submits its findings and recommendations to your honorable court with respect to the above petition for reinstatement.
I. HISTORY OF PROCEEDINGS
On November 2, 1977, on the petition of the disciplinary board of the Supreme Court of Pennsylvania, in which the present petitioner for reinstatement joined, the Supreme Court of Pennsylvania ordered that said petitioner be forthwith transferred to inactive status in all the courts of Pennsylvania until further order of the Supreme Court. Five complaints were pending against said petitioner at the time; these involved his failure to take steps to advance the legitimate interests of his
Said petition for reinstatement was referred to hearing committee [ ], which on November 6, 1978, and following a hearing on the matter, recommended that petitioner be reinstated to active status under Rule 301 of the Pennsylvania Rules of Disciplinary Enforcement. The recommendation followed several findings of fact and conclusions of law by the hearing committee to the extent that on the date of the hearing there were no unresolved complaints against petitioner, that he had proven by clear and convincing evidence that his prior disability of active chronic alcoholism, which led to his being transferred to inactive status, no longer existed and that he has met all requirements for reinstatement and is fit to resume the practice of law.
The case for reinstatement was brought before the disciplinary board of the Supreme Court of Pennsylvania on December 9, 1978, and said board decided the petitioner should be reinstated.
II. DISCUSSION
Petitioner has successfully completed inpatient and outpatient alcoholism treatment at the Drug Rehabilitation Center in [ ], Pa., [ ] Farms in [ ], Pa., and [ ], Inc. of [ ], Maryland, a half-way house. Important in all of this is the fact that petitioner as early as 1977 recognized his chronic alcoholism, attempted to do something about it and did something about it.
On the basis of the foregoing the disciplinary board finds that petitioner has met all of the requirements for reinstatement to active status.
III. RECOMMENDATION
The disciplinary board recommends to your honorable court that the said petition for reinstatement be granted and that your honorable court direct that the necessary expenses incurred by the board in the investigation and processing of the petition for reinstatement be paid by said petitioner for reinstatement.
ORDER
And now, February 1, 1979, it appearing that [petitioner], Esq., has met all of the requirements for reinstatement to active status, the recommendation of the Disciplinary Board of the Supreme Court dated January 17,1979, on petition for
Reference
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