In re Lewis, 080717 PASCDC, 1669-3

Docket Nº:1669 Disciplinary Docket 3, 2246 Disciplinary Docket 3
Opinion Judge:PER CURIAM.
Party Name:In the Matter of JOHN KERRINGTON LEWIS, JR. PETITION FOR REINSTATEMENT and OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. JOHN KERRINGTON LEWIS, JR. Respondent Nos. 212 DB 2010, 26 DB 2016
Case Date:August 07, 2017
Court:Court of Judicial Discipline of Pennsylvania
 
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In the Matter of JOHN KERRINGTON LEWIS, JR. PETITION FOR REINSTATEMENT and OFFICE OF DISCIPLINARY COUNSEL, Petitioner

v.

JOHN KERRINGTON LEWIS, JR. Respondent

Nos. 1669 Disciplinary Docket No. 3, 2246 Disciplinary Docket No. 3

Nos. 212 DB 2010, 26 DB 2016

Court of Judicial Discipline of Pennsylvania

August 7, 2017

Attorney Registration No. 83722 (Allegheny County)

ORDER

PER CURIAM.

AND NOW, this 7th day of August, 2017, upon consideration of the Report and Recommendations of the Disciplinary Board, the Petition for Reinstatement is granted, and John Kerhngton Lewis, Jr., is suspended from the Bar of this Commonwealth for a period of one year and one day. The suspension is stayed in its entirety, and Respondent is placed on probation for a period of two years subject to the following conditions: 1. Respondent shall abstain from using alcohol, drugs, or any other mood-altering or mind-altering chemicals, except for those medications prescribed by his treating physicians;

2. Respondent shall attend Alcoholics Anonymous meetings weekly; 3. Respondent shall obtain an Alcoholics Anonymous sponsor, with whom he maintains weekly contact;

4. A sobriety monitor shall be appointed to monitor Respondent in accordance with Disciplinary Board Rule §89.293(c);

5. Respondent shall furnish his sobriety monitor with his Alcoholics Anonymous sponsor's name, address and telephone number;

6. Respondent shall establish his weekly attendance at Alcoholics Anonymous meetings by providing written verification to the Board on a Board approved form;

7. Respondent shall undergo any counseling or out-patient or in-patient treatment prescribed by a physician or alcohol counselor;

8. Respondent shall file with the Secretary of the Board quarterly written reports;

9. With the sobriety monitor, Respondent shall:

a. meet at least twice per month;

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.

10. 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 a month, and maintain weekly telephone contact with Respondent;

d. maintain direct monthly contact with the Narcotics or 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 Respondent of the terms and conditions of the probation.

Respondent shall pay the expenses incurred in the investigation and processing of this matter.

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 218(c)(5) of the Pennsylvania Rules of Disciplinary Enforcement, The Disciplinary Board of the Supreme Court of Pennsylvania submits its findings and recommendations to your Honorable Court with respect to the above captioned Petition for Reinstatement and the above captioned Petition for Discipline.

I. HISTORY OF PROCEEDINGS

This matter is before the Board on a consolidated proceeding. By Petition for Discipline filed on February 12, 2016, at No. 26 DB 2016, Office of Disciplinary Counsel charged John Kerrington Lewis, Jr., with professional misconduct in violation of the Pennsylvania Rules of Disciplinary Enforcement 203(b)(1) and 214(a), arising out of his criminal conviction of driving under the influence of alcohol and related offenses. Mr. Lewis filed a timely answer. At the time the Petition for Discipline was filed against Mr. Lewis, he was suspended from the practice of law by Order of the Supreme Court dated August 12, 2015, for a period of one year and one day. This suspension followed from Mr. Lewis' violation of an earlier Order of Probation issued by the Supreme Court on September 4, 2013.

On June 16, 2016, Mr. Lewis ("Petitioner") filed a Petition for Reinstatement at No. 212 DB 2010 from his August 12, 2015 suspension. On July 1, 2016, Petitioner filed a Motion to Consolidate the Petition for Reinstatement with the Petition for Discipline, which procedure is permitted under Pa.R.D.E. 218(c)(2). By Order dated July 13, 2016, the Board granted the Motion to Consolidate.

On August 22, 2016, Office of Disciplinary Counsel filed a Response to Petition for Reinstatement and stated its opposition to reinstatement.

A consolidated disciplinary and reinstatement hearing was held on November 17, 2016, before a District IV Hearing Committee comprised of Chair Lorrie K. Albert, Esquire, and Members Jennifer R. Andrade, Esquire, and Gary P. Caruso, Esquire. Petitioner was represented by John E. Quinn, Esquire. During the disciplinary portion of the hearing, Office of Disciplinary Counsel offered and had admitted thirteen exhibits, and called no witnesses. Petitioner acknowledged he had no evidence contrary to that of Office of Disciplinary Counsel. In the reinstatement portion of the hearing, Petitioner called eight witnesses, including himself. The parties agreed and the Hearing Committee approved to depose Petitioner's treating therapist and hold the record open until the transcript of the deposition was submitted.

The parties filed briefs with the Committee. By letter dated January 24, 2017, Office of Disciplinary Counsel stated that it did not oppose reinstatement. By letter dated February 1, 2017, Office of Disciplinary Counsel informed the Hearing Committee that the parties agreed that in the disciplinary matter at No. 26 DB 2016, Petitioner should be suspended for one year and one day stayed in its entirety, with probation for a period of two years with a sobriety monitor.

The Hearing Committee filed a Report on February 9, 2017, and recommended that Petitioner be suspended for a period of one year and one day, with the suspension stayed in its entirety and probation for two years with a sobriety monitor. The Committee further recommended that the Petition for Reinstatement be granted.

The parties did not file exceptions to the Hearing Committee's report.

The Board adjudicated this matter at the meeting on April 28, 2017.

II. FINDINGS OF FACT

The Board makes the following findings:

1. Petitioner is John Kerrington Lewis, Jr. He was born in 1974 and was admitted to practice law in the Commonwealth of Pennsylvania in 1999. He is subject to the jurisdiction of the Disciplinary Board of the Supreme Court of Pennsylvania.

2. Petitioner has a history of prior discipline: a. By Order dated March 21, 2005, the Board directed that Petitioner be subjected to a private reprimand and be placed on probation with...

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