Office of Disciplinary Counsel v. Walsh, 032217 PASCDC, 2259-3
|Docket Nº:||2259 Disciplinary Docket 3|
|Opinion Judge:||PER CURIAM|
|Party Name:||OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. JAMES JOHN WALSH, Respondent 6 DB 2017|
|Attorney:||Michael D. Gottsch Disciplinary Counsel Samuel C. - Stretton, Esquire Counsel for Respondent James John Walsh Respondent|
|Case Date:||March 22, 2017|
|Court:||Court of Judicial Discipline of Pennsylvania|
Attorney Registration No. 310107, Philadelphia
Michael D. Gottsch Disciplinary Counsel
Samuel C. - Stretton, Esquire Counsel for Respondent James John Walsh Respondent
AND NOW, this 22nd day of March, 2017, upon consideration of the Recommendation of the Three-Member Panel of the Disciplinary Board, the Joint Petition in Support of Discipline on Consent is granted, and James John Walsh is suspended on consent from the Bar of this Commonwealth for a period of one year. He is to serve three months, with the remainder of the suspension stayed. Respondent shall comply with all the provisions of Pa.R.D.E. 217.
During the stayed suspension, Respondent is placed on probation for a period of nine months, subject to the following conditions: 1. Respondent shall not violate any Rules of Professional Conduct or Rules of Disciplinary Enforcement;
2. Respondent shall abstain from using alcohol, drugs, or any other mood or mind-altering chemicals; 3. Respondent shall attend weekly Alcoholics Anonymous meetings;
4. Respondent shall obtain a sponsor in Alcoholics Anonymous and maintain weekly contact with that sponsor;
5. A sobriety monitor shall be appointed to monitor Respondent in accordance with Disciplinary Board Rule §89.293(c).
6. Respondent shall furnish his sobriety monitor with his Alcoholics Anonymous sponsor's name, address, and telephone number;
7. Respondent shall establish his weekly attendance at Alcoholics Anonymous meetings by providing written verification to the Board on a Board-approved form;
8. Respondent shall undergo any counseling, out-patient or in-patient treatment, prescribed by a physician or alcohol counselor;
9. Respondent shall submit to any alcohol or drug testing ordered by his treating physician, and shall disclose the testing results to the sobriety monitor;
10. Respondent shall file quarterly written reports with the Secretary of the Board; 11. With the sobriety monitor, Respondent shall: a) meet at least twice monthly;
b) maintain weekly telephone contact;
c) provide the necessary properly executed written authorizations to verify his compliance with the required substance abuse treatment; and
d) cooperate fully. 12. The appointed sobriety monitor shall:
a) monitor Respondent's compliance with the terms and conditions of the order imposing probation;
b) assist Respondent in arranging any necessary professional or substance abuse treatment;
c) meet with Respondent at least twice monthly, and maintain weekly telephone contact with Respondent;
d) maintain direct monthly contact with the Alcoholics Anonymous chapter attended by Respondent;
e) file with the Secretary of the Board quarterly written reports; and
f) immediately report to the Secretary of the Board any violations by the Respondent of the terms and conditions of the probation.
ODC File Nos. Cl-15-1062 and Cl-16-221
JOINT PETITION IN SUPPORT OF DISCIPLINE ON CONSENT UNDER Pa.R.D.E. 215(d)
Petitioner, Office of Disciplinary Counsel ("ODC"), by Paul J. Killion, Chief Disciplinary Counsel, and Michael D. Gottsch, Disciplinary Counsel, and by Respondent, James John Walsh, Esquire, and Samuel C. Stretton, Esquire, Counsel for Respondent, file this Joint Petition in Support of Discipline on Consent Under Pennsylvania Rule of Disciplinary Enforcement ("Pa.R.D.E.") 215(d), and respectfully represent that:
1. Petitioner, whose principal office is located at Pennsylvania Judicial Center, Suite 2700, 601 Commonwealth Avenue, P.O. Box 62485, Harrisburg, Pennsylvania, is invested, pursuant to Pa.R.D.E. 207, with the power and duty to investigate all matters involving alleged misconduct of any attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of said Rules of Disciplinary Enforcement.
2. Respondent, James John Walsh, was born in 1977, and was admitted to practice law in the Commonwealth on November 1, 2010. Respondent was assigned Attorney Registration No. 310107 and is currently registered as "active."
3. According to attorney registration records, Respondent's address is 2815 Chapel Avenue, Cherry Hill, N.J. 08002.
4. Pursuant to Pa.R.D.E. 201(a)(1), Respondent is subject to the disciplinary jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.
5. Respondent hereby stipulates that the following factual allegations are true and correct and that he violated the charged Rules of Professional Conduct and Pennsylvania Rules of Disciplinary Enforcement as set forth herein.
SPECIFIC FACTUAL ADMISSIONS AND RULES OF PROFESSIONAL CONDUCT VIOLATED
CHARGE I: THE CRIMINAL CONVICTION (ODC File No. Cl-15-1062)
6. On August 17, 2015, Respondent pled guilty to Driving Under the Influence-High Rate of Alcohol (BAC 10% - 16%) (First Offense-ungraded misdemeanor), pursuant to 75 Pa.C.S. § 3802(b) PDUI") in the Pike County Court of Common Pleas, in a case captioned Commonwealth of Pennsylvania v. James John Walsh, No. CP-52-CR-0000679-2014.
7. On December 3, 2015, Pike County Common Pleas Court Judge Gregory H. Chelak sentenced Respondent as follows: a. incarceration for not less than twenty days nor more than six months in the Pike County Jail;
b. payment of costs of prosecution and related fees;
c. payment of a fine of $500;
d. payment of a supervision fee for each month of parole supervision;
e. full Drug and Alcohol Evaluation and completion of recommended treatment;
f. completion of Alcohol Highway Safety Program or equivalent;
g. payment of $100 pursuant to the Crime Victims' Act; and
h. suspension of driver's license for minimum of twelve months.
8. By letter dated December 8, 2015, Respondent notified ODC of his conviction.
9. In his December 8, 2015 letter, Respondent acknowledged that his self-report was untimely, but stated he had believed he was not...
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