Opinion
No. 2286 Disciplinary Docket No. 3 No. 109 DB 2016
02-27-2017
OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. JOHN MARCUS FRANKLIN, JR. Respondent
Attorney Registration No. 88996 (Philadelphia) ORDER PER CURIAM
AND NOW, this 27 day of February, 2017, upon consideration of the Verified Statement of Resignation, John Marcus Franklin, Jr., is disbarred on consent from the Bar of the Commonwealth of Pennsylvania, see Pa.R.D.E. 215, and he shall comply with the provisions of Pa.R.D.E. 217. Respondent shall pay costs to the Disciplinary Board pursuant to Pa.R.D.E. 208(g). A True Copy Patricia Nicola
As Of 2/27/2017 Attest: /s/_________
Chief Clerk
Supreme Court of Pennsylvania
BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA
RESIGNATION BY RESPONDENT Pursuant to Rule 215 of the Pennsylvania Rules of Disciplinary Enforcement BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA File Nos.: C1-15-821 and C2-16-473 (Philadelphia County)
RESIGNATION UNDER Pa.R.D.E. 215
John Marcus Franklin, Jr., hereby tenders his unconditional resignation from the practice of law in the Commonwealth of Pennsylvania in conformity with Pa.R.D.E. 215 ("Enforcement Rules") and further states as follows:
1. He is an attorney admitted in the Commonwealth of Pennsylvania, having been admitted to the bar on or about September 20, 2002. His attorney registration number is 88996.
2. He desires to submit his resignation as a member of said bar.
3. His resignation is freely and voluntarily rendered; he is not being subjected to coercion or duress and he is fully aware of the implications of submitting this resignation.
4. He acknowledges that he is fully aware of his right to consult and employ counsel to represent him in the instant proceeding. He has/has not retained, consulted with and acted upon the advice of counsel in connection with his decision to execute the within resignation.
5. He is aware that there are presently pending disciplinary proceedings instituted against him pursuant to Rule 214, Pa.R.D.E. relating to his criminal conviction in the Bucks County Court of Common Pleas at Docket Number CR-0004618-2016.
6. He acknowledges that the material facts which form the basis for his criminal matter are true and that he has entered a plea of guilty to one count of Theft By Deception - False Impression and one count of Unlawful Use of Computer - Access to Disrupt Normal Function from the Criminal Information. A true and correct copy of the Criminal Information is attached hereto as Exhibit A and a true and correct copy of the Sentence Sheet is attached hereto as Exhibit B.
7. He acknowledges that at least one of the crimes to which he has pled guilty is punishable by imprisonment.
8. He acknowledges that he is currently incarcerated in the Bucks County Correctional Facility for a minimum of eleven and one-half months.
9. He acknowledges that the conviction constitutes a per se ground for discipline under Rule 203(b)(1), Pa.R.D.E.
10. He acknowledges that under Rule 214(f)(1), Pa.R.D.E., he would be entitled to the institution of a formal proceeding before a hearing committee in which the sole issue to be determined would be the extent of discipline to be imposed.
11. He submits the within resignation because he knows that he could not successfully defend himself against the charges of professional misconduct that are being brought in connection with his conviction.
12. He is fully aware that the submission of this Resignation Statement is irrevocable and that he can only apply for reinstatement to the practice of law pursuant to the provisions of Enforcement Rule 218(b) and (c).
13. He is aware that pursuant to Enforcement Rule 215(c) the fact that he has tendered his resignation shall become a matter of public record immediately upon delivery of the resignation statement to Disciplinary Counsel or the Secretary of the Board.
14. Upon entry of the order disbarring him on consent, he will promptly comply with the notice, withdrawal, resignation, trust account, and cease-and-desist provisions of Enforcement Rule 217(a), (b), (c) and (d).
15. After entry of the order disbarring him on consent, he will file a verified statement of compliance as required by Enforcement Rule 217(e)(1).
16. He is aware that the waiting period for eligibility to apply for reinstatement to the practice of law under Enforcement Rule 218(b) shall not begin until he files the verified statement of compliance required by Enforcement Rule 217(e) (1), and if the order of disbarment contains a provision that makes the disbarment retroactive to an earlier date, then the waiting period will be deemed to have begun on that earlier date.
It is understood that the statements made herein are subject to the penalties of 18 Pa.CS. §4904 (relating to unsworn falsification to authorities).
Signed this 4 day of February, 2017.
/s/_________
John Marcus Franklin, Jr. WITNESS:__________
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