Opinion
2908 Disciplinary Docket 3 111 DB 2022
03-08-2023
OFFICE OF DISCIPLINARY COUNSEL Petitioner v. CHARLES W. JOHNSTON, Respondent
Attorney Registration No. 15621 (Cumberland County)
ORDER
PER CURIAM
AND NOW, this 8th day of March, 2023, upon consideration of the Verified Statement of Resignation, Charles W. Johnston is disbarred on consent from the Bar of this Commonwealth. See Pa.R.D.E. 215. Respondent shall comply with the provisions of Pa.R.D.E. 217 and pay costs to the Disciplinary Board. See Pa.R.D.E. 208(g).
BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA
OFFICE OF DISCIPLINARY COUNSEL, Petitioner
v.
CHARLES W. JOHNSTON, Respondent
No. 2908 Disciplinary Docket No. 3 - Supreme Court
No. 111 DB 2022
Atty. Reg. No. 15621 (Cumberland County)
RESIGNATION UNDER Pa.R.D.E. 215
Charles W. Johnston, hereby tenders his unconditional resignation from the practice of law in the Commonwealth of Pennsylvania in conformity with Rule 215, Pa.R.D.E. ("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 29, 1972. His attorney registration number is 15621.
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 is aware that there are presently pending investigations into allegations that he has been guilty of misconduct, based upon his conviction of criminal charges as more fully set forth in the Judgment in a Criminal Case, a true and correct copy of which is attached hereto and made a part hereof as "Exhibit A."
5. On November 4, 2021, he was convicted of one count of Obstruction of Proceedings Before Departments and Agencies, in violation of 18 U.S.C § 1505, in the United States District Court for the Middle District of Pennsylvania in a case captioned, United States of America v. Charles W. Johnston, No. 1:18-CR-127, relating to his role as legal counsel for the Plumbers and Pipefitters, Local No. 520 Pension Plan, which conviction constitutes a per se ground for discipline under Enforcement Rule 203(b)(1).
a. By Supreme Court Order dated October 5, 2022, he was placed on temporary suspension based on his criminal conviction, a true and correct copy of which is attached hereto and made a part hereof as "Exhibit B."
6. He submits the within resignation because the said conviction stands as a per se ground for discipline under Enforcement Rules 214(e) and 203(b)(1), and because he is guilty of the crime.
7. He submits the within resignation because he knows that if charges were predicated upon the conviction, he could not successfully defend against them.
8. He is fully aware that 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).
9. He is aware that pursuant to Enforcement Rule 215(c), the fact that he has tendered this resignation shall become a matter of public record immediately upon delivery of the resignation statement to Disciplinary Counsel or the Secretary of the Board.
10. Upon entry of the order disbarring him on consent, he will promptly comply with the notice, withdrawal, resignation, trust accounting, and cease-and-desist provisions of subdivisions (a), (b), (c) and (d) of Enforcement Rule 217.
11. On October 31, 2022, he filed a verified statement of compliance as required by Enforcement Rule 217(e)(1) following his placement on temporary suspension.
12. He is aware that the waiting period for eligibility to apply for reinstatement to the practice of law under Enforcement Rule 218(b) shall begin from the date of his verified statement of compliance, 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.
13. He acknowledges that he is fully aware of his right to consult and employ counsel to represent him in the instant proceeding. He has not retained, consulted with and acted upon the advice of counsel in connection with his decision to execute the within resignation.
It is understood that the statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904 (relating to unsworn falsification to authorities).
In the Matter of CHARLES W. JOHNSTON
No. 2908 Disciplinary Docket No. 3
No. 111 DB2022
(United States District Court for the Middle District of Pennsylvania, Case No. 1:18-cr-127)
Attorney Registration No. 15621 (Cumberland County)
ORDER
PER CURIAM
AND NOW, this 5th day of October, 2022, having received no response to a Rule to Show Cause why Charles W. Johnston should not be placed on temporary suspension, the Rule is made absolute, and Charles W. Johnston is placed on temporary suspension. See Pa.R.D.E. 214(d)(2). He shall comply with all the provisions of Pa.R.D.E. 217.
Respondent's right to petition for dissolution or amendment of this Order and to request accelerated disposition of any charges underlying this Order pursuant to Pa.R.D.E. 214(d)(4) and (f)(2) are specifically preserved.
CERTIFICATE OF COMPLIANCE
I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.