OFFICE OF DISCIPLINARY COUNSEL v. MIZNER, 1369 (Pa. 8-29-2008)

OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. JOHN F. MIZNER, Respondent.

No. 1369, Disciplinary Docket No. 3, No. 46 DB 2007.Supreme Court of Pennsylvania.
August 29, 2008.

Attorney Registration No. 53323.

ORDER
PER CURIAM:

AND NOW, this 29th day of August, 2008, upon consideration of the Report and Recommendations of the Disciplinary Board dated March 14, 2008, it is hereby

ORDERED that John F. Mizner is suspended from the practice of law in this Commonwealth for a period of five years, the suspension is stayed in its entirety, and he is placed on probation for a period of five years, subject to the following conditions:

1. Respondent shall continue treatment for mental health purposes with Ann R. McAllister, M.D., or another physician qualified as a psychiatrist, who is to direct and supervise Respondent’s activities therein.

2. Respondent shall cooperate with directions of the psychiatrist supervising his treatment, take medications as prescribed and engage in therapy and counseling sessions as directed.

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3. Respondent shall cause the psychiatrist supervising his treatment to

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make written reports directed to the Secretary of the Board on a quarterly basis for the first two years of the probation and on a semi-annual basis for the balance of the probation.

4. The written reports shall include the identity and dosage of medications being currently prescribed, the nature and frequency of therapy sessions engaged in since any prior report, the identity of the health services agency or agent providing the same, and an assessment of Respondent’s mental condition at that time in regard to his mental fitness to engage in the practice of law.

5. Respondent shall immediately authorize and redirect Dr. McAllister, and any substitute or successor supervising psychiatrist, to immediately furnish a written report of facts and circumstances to the Secretary of the Board at any time when, in the estimation of the supervising psychiatrist, Respondent’s behavior or material failure to conduct himself in cooperation with any aspect of his prescribed treatment regimen indicates that he is, or may be, in jeopardy of shortly becoming mentally unfit to engage in the practice of law.

6. If, for any reason, Respondent severs his present relationship with Dr. McAllister, he shall immediately make written report to the Secretary of the Board of that fact and the circumstances causing the same, together with the identification and location of another physician qualified as a psychiatrist who has been fully informed of the terms of this probation and has agreed to serve as a successor supervising psychiatrist in accordance with the same.

7. Respondent shall furnish, at any time it may reasonably be requested,

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his written authorization for any health care agency or agent to furnish to the Secretary of the Board complete records of and information as to any mental health or underlying medical care services which may have been provided to him.

8. At the conclusion of the prescribed period of probation, Respondent shall apply for termination of probation in accordance with § 89.294 of the Disciplinary Board Rules.

It is further ORDERED that respondent shall pay costs to the Disciplinary Board pursuant to Rule 208(g), Pa.R.D.E.