Disciplinary Reporter Case Digest

Attorney ID 8718
Attorney Name Barrish, Daniel C.
DBP Docket No. 130 DB 2004
Supreme Court Docket No. 1103 DD No. 3
County Montgomery
Disciplinary Counsel Suzy S. Moore
Counsel for Respondent None
Decision Date 2006-03-15
Effective Date 2006-04-14
Case Digest ODC charged Respondent with making false accusations against two judges Ė the Honorable Phyllis W. Beck of the Superior Court of Pennsylvania and the Honorable Rhonda Lee Daniele of the Court of Common Pleas of Montgomery County. Respondent accused the judges of fixing cases, improper case reporting and improper financial reporting. Respondent disseminated his accusations in sworn pleadings to the Supreme Court of Pennsylvania, over the internet and in correspondence to a myriad of parties. Respondent admitted making the accusations and denied that they were false. Respondent represented himself at the disciplinary hearing. Once ODC carried its burden under ODC v. Price and ODC v. Surrick by having the judges deny the allegations and presenting testimony from the Prothonotary and Deputy Prothonotary of the Superior Court and counsel for the Judicial Conduct Board it was Respondentís opportunity to demonstrate that the accusations were true or that he had a reasonably objective basis to make them. Respondent presented only his rambling thoughts about the matter. Respondent failed to present any witnesses and failed to establish that the accusations were true or that he had a reasonably objective basis to make them. Respondent attempted to put the judges on trial and threatened the Hearing Committee, Disciplinary Board and Supreme Court to find in his favor or suffer great consequences when the truth came to light. The Hearing Committee recommended disbarment. The Disciplinary Board recommended a five-year suspension. The Supreme Court entered a five-year suspension order.
Rule Violation(s) RPC 8.2(b), 8.4(c), 8.4(d)
Discipline Imposed Five-year suspension
Points of Law A respondentís subjective belief that his accusations are true does not establish the veracity of the accusations or a reasonably objective basis for making them.
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