The Disciplinary Review Board having filed a report recommending that PATRICK E. PAVILONIS of BROOMALL, PENNSYLVANIA, be disbarred from the practice of law based upon his disbarment by the Supreme Court of Pennsylvania, and an order to show cause why respondent should not be disbarred having been issued by this Court, and respondent having made no appearance on the return date, and good cause appearing;
It is ORDERED that the report of the Disciplinary Review Board is hereby adopted and, pursuant to R. 1:20-7, which deals with reciprocal discipline, PATRICK E. PAVILONIS is suspended from the practice of law for so long as he remains disbarred in Pennsylvania and until further Order of this Court, effective immediately; and it is further
Ordered that respondent may make application for reinstatement if he is fully restored to the practice of law in Pennsylvania; provided, however, that in no event may such an application be made before five years have passed from the date of this Order; and it is further
Ordered that respondent is restrained and enjoined from practicing law during the period of his suspension; and it is further
ORDERED that respondent comply with Regulation 23 of the Office of Attorney Ethics and that he reimburse the Office of Attorney Ethics for the administrative costs of this matter.
Report and Recommendation of the Disciplinary Review Board
This matter is before the Board on a motion by the Office of Attorney Ethics for reciprocal disciplinary action. This notice of motion is based on Respondent's disbarment in Pennsylvania, effective December 19, 1983, for taking the Pennsylvania Bar examination on behalf of his wife, Dorila Yvonne Katz (Katz), by posing as Katz and using her assigned applicant number on July 28 and 29, 1981.
Respondent was admitted to the Bar of New Jersey with a limited license on June 18, 1981 and was granted a plenary license on December 21, 1981. He was admitted to the Bar of Pennsylvania on May 6, 1981.
Among the findings of fact by the Pennsylvania Disciplinary Board were:
The Respondent married Dorila Yvonne Katz in August 1980 and was married to her during the relevant events of these charges.
On July 29-30, 1980, Katz took the Pennsylvania Bar examination in Philadelphia and failed. On February 24-25, 1981, Katz took the Pennsylvania Bar examination in Philadelphia for the second time and once again failed. In early June 1981, Katz applied to take the Pennsylvania Bar examination for the third time, this time in Pittsburgh, Pennsylvania. Katz paid an additional fee of $100 and was granted permission to take the July 1981 Bar examination and was assigned applicant number 548.
The Respondent and Katz travelled to Pittsburgh together and arrived there on Sunday night, July 26, 1981. Respondent testified that because of apparently serious emotional difficulties resulting from the death of a relative and his wife's inability to pass the Bar examination, Katz was in a very difficult emotional state and asked if Respondent "could take" the Bar examination on her behalf. At some time on either July 26 or July 27, 1981, Respondent agreed to do so knowing full well that it was a wrongful act in violation of the Code of Professional Responsibility and a fraud upon the admission procedures of the Supreme Court of ...