Office of Disciplinary Counsel v. Kallenbach, 042717 PASCDC, 2140-3

Docket Nº:2140 Disciplinary Docket 3
Opinion Judge:PER CURIAM
Party Name:OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. KEVIN MARK KALLENBACH, Respondent Nos. 21 and 150 DB 2013
Case Date:April 27, 2017
Court:Court of Judicial Discipline of Pennsylvania
 
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OFFICE OF DISCIPLINARY COUNSEL, Petitioner

v.

KEVIN MARK KALLENBACH, Respondent

No. 2140 Disciplinary Docket No. 3

Nos. 21 and 150 DB 2013

Court of Judicial Discipline of Pennsylvania

April 27, 2017

Erie County Attorney Registration No. 48490.

ORDER

PER CURIAM

AND NOW, this 27th day of April, 2017, a Rule having been entered by this Court on February 23, 2017 pursuant to Pa.R.D.E. 208(h), directing Respondent to show cause why the stayed suspension order of this Court should not be modified, and upon consideration of the responses filed, Respondent is directed to serve a three-month suspension, followed by a twenty-one-month period of probation, subject to the same conditions imposed by the May 11, 2015 order. Respondent is directed to comply with all the provisions of Pa.R.D.E. 217.

Respondent shall pay the additional expenses incurred as a result of the revocation proceedings. See Pa.R.D.E. 208(g).

BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA

THE REPORT AND RECOMMENDATION OF DESIGNATED MEMBER 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(h)(1) of the Pennsylvania Rules of Disciplinary Enforcement, this designated member of the Disciplinary Board of the Supreme Court of Pennsylvania herewith submits a recommendation to your Honorable Court with respect to the Petition to Schedule a Probation Violation Hearing by Petitioner, Office of Disciplinary Counsel.

I. HISTORY OF PROCEEDINGS

By Order dated May 11, 2015, The Supreme Court of Pennsylvania suspended Respondent from the practice of law for one year and one day. Pursuant to that Order, the suspension was stayed in its entirety, and Respondent was placed on probation for two years, subject to certain conditions.

On January 4, 2017, Office of Disciplinary Counsel filed a Petition to Schedule a Probation Violation Hearing, which alleged that Respondent violated the conditions of his probation. Petitioner requested that a Member of the Disciplinary Board be designated to hold a hearing as required by Pa.R.D.E. 208(h), to determine whether Respondent's probation should be modified.

A hearing was held on January 31, 2017, before Disciplinary Board Member Lawrence M. Kelly, Esquire. Respondent appeared and was represented by Keith H. Clelland, Esquire. Petitioner...

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