Three Strikes And Almost Out

The Pennsylvania Supreme Court ordered a suspension of a year and a day in a matter in which the attorney had neglected a criminal appeal to which he had been appointed.

The Disciplinary Board noted that the matter was the attorney’s third instance of professional discipline for similar conduct and that he had not learned from the first two disciplinary encounters.

He had twice been informally admonished.

At the disciplinary hearing, the attorney admitted to a drinking problem but did not present evidence of rehabilitation. He is presently suspended for failure to pay costs.

Justices Baer and Stevens dissented and would impose a three-year suspension. The dissenters would order greater sanctions for “recidivist” violators.

Justice Baer expounded on his views in a second matter in which an attorney was suspended for a year and a day. The matter was the attorney’s fourth disciplinary sanction in ten years. (Mike Frisch)