Office of Disciplinary Counsel v. Wray, 070617 PASCDC, 2321-3

Docket Nº:2321 Disciplinary Docket 3
Opinion Judge:PERCURIAM
Party Name:OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. KEVIN MARK WRAY, Respondent No. 19 DB 2017
Attorney:Paul J. Killion Chief Disciplinary Counsel. Dana M. Pirone Esquire Disciplinary Counsel. Kevin Mark Wary Respondent
Case Date:July 06, 2017
Court:Court of Judicial Discipline of Pennsylvania
 
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OFFICE OF DISCIPLINARY COUNSEL, Petitioner

v.

KEVIN MARK WRAY, Respondent

No. 2321 Disciplinary Docket No. 3

No. 19 DB 2017

Court of Judicial Discipline of Pennsylvania

July 6, 2017

Attorney Registration No. 93860 (Delaware County)

Paul J. Killion Chief Disciplinary Counsel.

Dana M. Pirone Esquire Disciplinary Counsel.

Kevin Mark Wary Respondent

ORDER

PERCURIAM

AND NOW, this 6th day of July, 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 Kevin Mark Wray is suspended on consent from the Bar of this Commonwealth for a period of one year and one day. He shall comply with all the provisions of Pa.R.D.E. 217.

Respondent shall pay the costs incurred by the Disciplinary Board in the investigation and prosecution of this matter.

JOINT PETITION IN SUPPORT OF DISCIPLINE ON CONSENT PURSUANT TO Pa.R.D.E. 215(d)

Petitioner, the Office of Disciplinary Counsel (hereinafter, "ODC") by Paul J. Killion, Chief Disciplinary Counsel, and Dana M. Pirone, Disciplinary Counsel and Respondent, Kevin Mark Wray (hereinafter, "Respondent"), respectfully petition the Disciplinary Board in support of discipline on consent, pursuant to Pennsylvania Rule of Disciplinary Enforcement ("Pa.R.D.E.") 215(d), and in support thereof state:

1. Petitioner, whose principal office is situated at Pennsylvania Judicial Center, 601 Commonwealth Ave., Suite 2700, P.O. Box 62485, Harrisburg, Pennsylvania, 17106 is invested, pursuant to Pa.R.D.E. 207, with the power and duty to investigate all matters involving alleged misconduct of an attorney admitted to practice law in the Commonwealth of Pennsylvania and to prosecute all disciplinary proceedings brought in accordance with the various provisions of the aforesaid Enforcement Rules.

2. Respondent, Kevin Mark Wray, was born in 1962, and was admitted to practice law in the Commonwealth of Pennsylvania on November 16, 2004.

3. Respondent's current registration address is 210 West Front Street, Suite 216, Media, PA 19063.

4. On February 3, 2017, Petitioner filed a Petition for Discipline.

5. On February 24, 2017, Respondent filed an Answer admitting the relevant factual allegations. 6. On April 4, 2017, Respondent appeared and participated in the prehearing conference.

FACTUAL ALLEGATIONS ADMITTED

CHARGE ONE CRIMINAL CONTEMPT - THE JAMES M. WALTERS MATTER

7. Respondent was retained to represent James M. Walters for a DUI matter captioned Com. v. James M. Walters, CR-0002768-2011 (Berks County CCP).

8. On February 16, 2016, Respondent appeared before the Honorable Eleni Dimitriou Geishauser on Respondent's Motion to Withdraw as Counsel (the "Motion"). The Court denied Respondent's Motion, told Respondent that he would be allowed to withdraw if another attorney entered an appearance as counsel for Mr. Walters and instructed Respondent to appear for the jury trial on March 29, 2016.

9. On March 28, 2016, Respondent had a telephone conversation with Judge Geishauser's law clerk. Respondent told the law clerk that he had a conflict but did not provide any details or explanation.

10. The law clerk told Respondent to file a motion and to appear in Judge Geishauser's courtroom on March 29, 2016.

11. Instead of filing a new motion, Respondent renewed the Motion.

12. On March 29, 2016, Judge Geishauser, the assistant district attorney, the jury panel, and Mr. Walters assembled in the courtroom for jury selection and the trial.

13. Respondent did not notify the Court, the Commonwealth or Mr. Walters that he would not attend jury selection and the trial.

14. The Court waited until the luncheon recess for Respondent to arrive before appointing stand-by counsel to assist Mr. Walters.

15. At 4 p.m., on March 29, 2016, Judge Geishauser received a telephone call from the Honorable Barry C. Dozor, a judge on the Delaware County Court of Common Pleas, about the reason Respondent had failed to appear for Mr. Walters' trial.

16. Judge Dozor explained to Judge Geishauser that Respondent had been attached for a trial since February 1, 2016, in a matter which began in Judge Dozor's courtroom on March 29, 2016.

17. On March 30, 2016, the jury found Mr. Walters guilty of the more serious charge of attempting to elude an arresting officer, but not guilty of DUI.

18. On March 30, 2016, the Court initiated a contempt action against Respondent in the matter captioned Com. v. Kevin M. Wray, MC-0000506-2016 (Berks County CCP) (the "Contempt Action").

19. On April 1, 2016, Respondent and his counsel appeared before Judge Geishauser for a contempt hearing.

20. During the contempt hearing, Judge Geishauser questioned Respondent's veracity and explained to Respondent that she was upset by his failure to understand the consequences of: disregarding the Court's directive on February 16, 2016 to Respondent to appear for Mr. Walters1trial on March 29, 2016; Respondent's failure to appear for trial without notice; the impact upon the Berks County Court; failing to inform the Court about Respondent's trial attachment in the Delaware County Court of Common Pleas; failing to appear for court proceedings before the trial on March 29, 2016; and taking procedural short-cuts by requesting continuances by telephone and facsimile instead of following the Court's motion practice.

21. The Court found Respondent guilty of one count of Criminal Contempt under 42 Pa.C.S. § 5947§F.

22. The Court sentenced Respondent to pay a fine of $1, 000.00 and to reimburse the county for legal fees of $1, 500.00 incurred to provide stand-by counsel to Mr. Walters. The Court ordered that the fine of $2, 500.00, was to be paid within 30 days.

23. On May 3, 2016, Respondent filed a Motion for Supersedeas and a Notice of Appeal, Com. v. Kevin M. Wray, 715 MDA 2016, Superior Court (the "Appeal").

24. On May 31, 2016, Judge Geishauser issued a Statement In Lieu of Opinion explaining that Respondent had not complied with an Order dated May 5, 2016, directing him to serve a Statement of Matters Complained of on Appeal Pursuant to Pa.R.A.P. 1925(b).

25. By Order dated August 30, 2016, the Superior Court granted Respondent's second Application for Extension of Time to File a Brief and Reproduced Record until September 26, 2016.

26. Respondent did not file a brief in support of his appeal by September 26, 2016.

27. Respondent did not report his conviction to ODC.

28. By Order dated October 26, 2016, the Superior Court dismissed the Appeal for...

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