Opinion
No. 212 DB 2016 File No. C1-15-989 File No. C1-16-81
03-10-2017
OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. SHEVELLE MCPHERSON Respondent
Attorney Registration No. 87731 (Philadelphia)
ORDER
AND NOW, this 10th day of March, 2017, in accordance with Rule 208(a)(5), Pa.R.D.E., the determination by a Review Panel of the Disciplinary Board of the above captioned matter is accepted; and it is
ORDERED that the said SHEVELLE MCPHERSON of Philadelphia be subjected to a PUBLIC REPRIMAND by the Disciplinary Board of the Supreme Court of Pennsylvania as provided in Rule 204(b) and Rule 205(c)(8) of the Pennsylvania Rules of Disciplinary Enforcement.
Costs shall be paid by the Respondent.
BY THE BOARD:
/s/_________
Board Chair TRUE COPY FROM RECORD
Attest: /s/_________
Marcee D. Sloan, Board Prothonotary
The Disciplinary Board of the
Supreme Court of Pennsylvania PUBLIC REPRIMAND
Shevelle McPherson, you stand before the Disciplinary Board, your professional peers and members of the public for the imposition of a Public Reprimand. It is an unpleasant task to publicly reprimand one who has been granted the privilege of membership in the bar of this Commonwealth. Yet as repugnant as this task may be, it has been deemed necessary that you receive this public discipline.
Ms. McPherson, you are being reprimanded today in connection with your conviction of indirect criminal contempt.
The record demonstrates that you represented a criminal defendant, Christopher Caban, in a protracted matter involving a series of sexual assault cases with an extensive list of victims and witnesses. In May 2015, Chester County Court of Common Pleas Judge Ann Marie Wheatcraft specially listed the trial of the Caban matter for Monday, November 16, 2015. Five days were set aside due to the number of witnesses that the Commonwealth intended to call; the court also attached you. On Wednesday, November 11, 2015, you sent a "Request for Inactive Status" to the Pennsylvania Registration Office. You failed to sign the inactive status request or include your attorney registration card.
On Thursday, November 12, 2015, you sent a letter dated November 11, 2015 and a Motion to be Relieved as Counsel directly to Judge Wheatcraft. By email of November 12, 2015, Judge Wheatcraft's administrative assistant notified you that the Judge expected you in court on November 16, 2015 at 9:00 a.m., ready for trial.
On Friday, November 13, 2015, the attorney registrar notified you of the deficiencies in your attempt to file the request for inactive status, to which you responded, via email, by forwarding a signed request with a notation that you did not have your current registration card to submit. As a result, you were placed on inactive status on November 13, 2015. On that date, via email, you sent a letter to the court advising that you were now inactive and unable to represent Mr. Caban.
On November 16, 2015, you appeared before Judge Wheatcraft, at which time the Judge engaged you in a colloquy regarding your representation of Mr. Caban and your attempts to withdraw from the case. You argued you were not prepared and you had not been paid. Following the colloquy, Judge Wheatcraft removed you from the Caban matter and issued a rule to show cause why you should not be held in contempt.
On January 26, 2016, the court convened the contempt hearing, at which you testified. Judge Wheatcraft found you guilty of indirect criminal contempt and fined you the sum of $3,000. You are making monthly payments with the approval of the Chester County Probation Department.
You acknowledged that you engaged in misconduct and expressed remorse. You notified Office of Disciplinary Counsel of the indirect criminal contempt. In addition, you have no history of discipline.
Your conduct in this matter has violated the following Rules of Professional Conduct ("RPC") and Rules of Disciplinary Enforcement ("Pa.R.D.E."):
1. RPC 8.4(b) - It is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects.
2. RPC 8.4(c) - It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
3. RPC 8.4(d) - It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.
4. Pa.R.D.E. 203(b)(1) - Conviction of a crime is grounds for discipline.
Ms. McPherson, your conduct in this matter is now fully public. This Public Reprimand is a matter of public record.
As you stand before the Board today, we remind you that you have a continuing obligation to abide by the Rules of Professional Conduct and Rules of Disciplinary Enforcement. This Public Reprimand is proof that Pennsylvania lawyers will not be permitted to engage in conduct that falls below professional standards. Be mindful that any future dereliction will subject you to disciplinary action.
This Public Reprimand shall be posted on the Disciplinary Board's website at www.padisciplinaryboard.org.
/s/_________
Designated Member
The Disciplinary Board of the
Supreme Court of Pennsylvania Administered by a designated panel of three Members of The Disciplinary Board of the Supreme Court of Pennsylvania, at Philadelphia, Pennsylvania, on April 5, 2017.
ACKNOWLEDGMENT
The undersigned, Respondent in the above proceeding, herewith acknowledges that the above Public Reprimand was administered in her presence and in the presence of the designated panel of The Disciplinary Board at 1601 Market Street, Suite 3320, Philadelphia, Pennsylvania, on April 5, 2017.
/s/_________
Shevelle McPherson