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Frank Fina suspended over misconduct in Jerry Sandusky investigation

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When is Shapiro going to prosecute him for the grand jury leaks? After all, no one is above the law. there’s a former AG sitting in jail for the very same offense.
Judge Cleland decided Fina and Eshbach set a trap, therefore it couldn't have possibly been one of them.:(
 
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Perhaps @lubrano can remind us again about why the "and one day" component of the suspension is significant.
Not a lawyer - obviously - but IIRC the suspension of less than one year results in an automatic "reinstatement" after the period is up..... but a suspension of over one year ("...and a day...") requires the person suspended to apply for reinstatement (which is not automatic).
I think that is why you often see the "and a day" rulings.

That is as best as ICR, others with more precise knowledge can - hopefully - chime in.
 
Not a lawyer - obviously - but IIRC the suspension of less than one year results in an automatic "reinstatement" after the period is up..... but a suspension of over one year ("...and a day...") requires the person suspended to apply for reinstatement (which is not automatic).
I think that is why you often see the "and a day" rulings.

That is as best as ICR, others with more precise knowledge can - hopefully - chime in.


Yep.

https://www.padisciplinaryboard.org/for-attorneys/reinstatement
 
Here's a link to the 8-page opinion on Fina.
http://www.pacourts.us/assets/opinions/Supreme/out/J-106-2019cs.pdf?cb=1

I don't believe this link was in the OP.

Also, that opinion references a much longer, 71-page opinion, for Baldwin in which she faced reprimand.
http://www.pacourts.us/assets/opinions/Supreme/out/J-63-2019mo.pdf?cb=1

The PA Supreme Court did not suspend Baldwin. I think that's mainly because she's not practicing anymore. And in the last couple pages it seems as if they weren't going to reprimand her, but then they cited her utter lack of remorse:

While we agree with the Disciplinary Board's acknowledgement that Respondent has never been the subject of prior disciplinary proceedings, this mitigating factor is offset by her lack of remorse for her actions. In her briefs filed with this Court, Respondent has seen fit to cast blame for her problems on everyone involved here including the Disciplinary Board, the ODC, the Superior Court, and the Individual Clients.
...
Even against this background and with confidence that the Respondent is unlikely to violate our Rules of Professional Conduct again, we find it necessary to impose discipline in the nature of a public reprimand to be administered by the Disciplinary Board. This is because we are concerned that Respondent has never contemplated, much less expressed, remorse. It is our belief that a public reprimand will reinforce our trust that the Respondent's legal career will go forward without another blemish.

We hereby impose discipline in the form of a public reprimand, to be administered by the Disciplinary Board. Respondent is ordered to pay the costs of investigation and prosecution in this matter.
 
Read this on yahoo and one of the Penn Live trolls is already on there telling everyone that our Admin lied, regardless of this outcome.

I want to hunt these people down and get revenge.
 
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Here's a link to the 8-page opinion on Fina.
http://www.pacourts.us/assets/opinions/Supreme/out/J-106-2019cs.pdf?cb=1

I don't believe this link was in the OP.

Also, that opinion references a much longer, 71-page opinion, for Baldwin in which she faced reprimand.
http://www.pacourts.us/assets/opinions/Supreme/out/J-63-2019mo.pdf?cb=1

The PA Supreme Court did not suspend Baldwin. I think that's mainly because she's not practicing anymore. And in the last couple pages it seems as if they weren't going to reprimand her, but then they cited her utter lack of remorse:

While we agree with the Disciplinary Board's acknowledgement that Respondent has never been the subject of prior disciplinary proceedings, this mitigating factor is offset by her lack of remorse for her actions. In her briefs filed with this Court, Respondent has seen fit to cast blame for her problems on everyone involved here including the Disciplinary Board, the ODC, the Superior Court, and the Individual Clients.
...
Even against this background and with confidence that the Respondent is unlikely to violate our Rules of Professional Conduct again, we find it necessary to impose discipline in the nature of a public reprimand to be administered by the Disciplinary Board. This is because we are concerned that Respondent has never contemplated, much less expressed, remorse. It is our belief that a public reprimand will reinforce our trust that the Respondent's legal career will go forward without another blemish.

We hereby impose discipline in the form of a public reprimand, to be administered by the Disciplinary Board. Respondent is ordered to pay the costs of investigation and prosecution in this matter.
Been saying this for a long time (obviously) but how Cindy "Her Honor" Baldwin was free...… while Kathy Kane went to prison.... tells one just about all you need to know vav the PA Judiciary:


With Cindy "Her Honor" Baldwin's Disciplinary Hearing concluded.....
Might be an appropriate time to take a look back at Miss Cindy's role at PSU - from a BLOG I wrote a couple years ago:

https://barryfenchak4trustee.wordpress.com/2018/05/22/cynthia-baldwin-penn-state-general-counsel/
 
wow...a big day regarding pedos and prosecution thereof (with emphasis on the Big Ten). What a day!

Seriously, I take no solace in any of this. The damage has been done by pedos, administrators and overzealous prosecutors.
 
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Here's a link to the 8-page opinion on Fina.
http://www.pacourts.us/assets/opinions/Supreme/out/J-106-2019cs.pdf?cb=1

I don't believe this link was in the OP.

Also, that opinion references a much longer, 71-page opinion, for Baldwin in which she faced reprimand.
http://www.pacourts.us/assets/opinions/Supreme/out/J-63-2019mo.pdf?cb=1

The PA Supreme Court did not suspend Baldwin. I think that's mainly because she's not practicing anymore. And in the last couple pages it seems as if they weren't going to reprimand her, but then they cited her utter lack of remorse:

While we agree with the Disciplinary Board's acknowledgement that Respondent has never been the subject of prior disciplinary proceedings, this mitigating factor is offset by her lack of remorse for her actions. In her briefs filed with this Court, Respondent has seen fit to cast blame for her problems on everyone involved here including the Disciplinary Board, the ODC, the Superior Court, and the Individual Clients.
...
Even against this background and with confidence that the Respondent is unlikely to violate our Rules of Professional Conduct again, we find it necessary to impose discipline in the nature of a public reprimand to be administered by the Disciplinary Board. This is because we are concerned that Respondent has never contemplated, much less expressed, remorse. It is our belief that a public reprimand will reinforce our trust that the Respondent's legal career will go forward without another blemish.

We hereby impose discipline in the form of a public reprimand, to be administered by the Disciplinary Board. Respondent is ordered to pay the costs of investigation and prosecution in this matter.

Sounds like Cindy and Frankie went to the same (lack of) ethics class. The attorney who wrote the opinion on Fina for the disciplinary board noted in his scathing opinion that Fina not only refused to acknowledge he acted improperly but showed no remorse for his conduct. Hard for me to imagine a more deserving candidate for this punishment. His lawyer’s claim that he will appeal to the United State Supreme Court is a joke and an absolute waste of time.
 
I struggle with lowering myself to the level of my enemies when I respond to provocations. This is an example of why I need to be better.

Elected officials have a sworn duty to uphold the law. We live in a society governed by the rule of law. Whatever unholy bullshit got kicked up by our problem, there is no excuse for taking an 'ends justify the means' approach to law, and people suffered terribly for it. We deserve better.

God damn all the bastards that had a hand in this.
 
Recall my son wrote a paper last year about JoePa getting railroaded.
He received the tweet regarding today’s news and ask a question that I couldn’t answer.
What specific conduct of Fina’s got him to this judgement?

TIA

OL
 
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