Disciplinary Reporter Case Digest

Attorney ID 76187
Attorney Name Gibson, Robert Thomas
DBP Docket No. 161 DB 2002
Supreme Court Docket No. 777 DD No. 3
County Delaware
Disciplinary Counsel Suzy S. Moore
Counsel for Respondent Robert W. Sink
Decision Date 2004-11-04
Effective Date 2004-11-04
Case Digest Respondent was convicted of aggravated assault, simple assault, aggravated harassment by prisoner and the summary offenses of disorderly conduct and public drunkenness. The conduct occurred during a barroom brawl. The brawl spilled onto the street and the police were called. Respondent did not cooperate with the police and spat on one of the police officers and punched her in the face while she was attempting to put him in an ambulance to go to the hospital for injuries he incurred in the fight. The Supreme Court placed Respondent on temporary suspension. Respondent presented Braun mitigation at the disciplinary hearing. Respondent acknowledged that he had misbehaved yet would not admit to spitting and punching. ODC recommended a two-year suspension. The Hearing Committee recommended a two-year suspension. The Board recommended a private reprimand and requested that the Court dissolve the temporary suspension. Four members of the Board filed a Dissenting Opinion recommending a one year suspension retroactive to the date of the temporary suspension. ODC filed a Petition for Review with the Supreme Court. Respondent file a Motion to Dismiss and Answer/Brief in Opposition to the Petition for Review. Respondent challenged the procedure ODC followed in filing a Petition for Review because of the recommendation by the Board for a private reprimand. ODC responded and noted that the Board had also requested that the Court dissolve the temporary suspension. Respondent filed a Reply. ODC did not respond to the Reply. The Court determined Respondentís Motion to Dismiss to be moot and entered an Order on November 4, 2004, suspending Respondent for one year retroactive to the date of suspension, December 9, 2002. Respondent filed a verified statement under Pa.R.D.E. Rule 217 and the Court entered an Order on November 23, 2004 reinstating Respondent to active status immediately.
Rule Violation(s) PA RDE 203(b)(1)
Discipline Imposed Suspension for one year retroactive to date of temporary suspension
Points of Law Felonious assaults against police officers will result in suspensions of at least one year in length
Report/Opinion Download