Disciplinary Reporter Case Digest

Attorney ID 23389
Attorney Name Eagen III, Francis Peter
DBP Docket No. 102 DB 2003
Supreme Court Docket No. 837 DD No. 3
County Lackawanna
Disciplinary Counsel Edwin W. Frese, Jr.
Counsel for Respondent None
Decision Date 2005-02-01
Effective Date 2005-03-03
Case Digest Prosecution based upon criminal conviction of Obstruction of Justice or Other Governmental Function, 18 Pa.C.S. §5101. In essence, while a Common Pleas Court Judge, Respondent attempted to interfere with Grand Jury investigations into conduct of guardian of incompetents’ estates, who Respondent had appointed. Respondent: lied to the FBI, and failed to give them requested information; on various occasions instructed co-conspirator Bosha (the guardian) not to cooperate with the investigations, including a suggestion that Bosha commit suicide; and, on various occasions, solicited confidential grand jury information, documents and transcripts from five different prosecutors. Respondent did this with the specific intent to obstruct, impair or pervert the administration of law or other governmental function – the grand jury investigations into his and Bosha’s conduct. Board found two aggravating factors: Respondent was a Judge; Respondent did not attend the disciplinary hearing.
Rule Violation(s) Pa.R.D.E. 203(b)(1), RPC 8.4(b), RPC 8.4(d)
Discipline Imposed Disbarment
Points of Law Obstruction of Grand Jury investigation by a Judge is a serious offense. Failure to appear at disciplinary hearing is an aggravating factor.
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