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Office of Disciplinary Counsel v. Hoicker

IN THE SUPREME COURT OF PENNSYLVANIA


February 17, 2010

OFFICE OF DISCIPLINARY COUNSEL, PETITIONER
v.
GARY C. HOICKER, RESPONDENT

No. 53 DB 2009.

Per curiam.

Attorney Registration No. 30252

(Philadelphia)

ORDER

AND NOW, this 17th day of February, 2010, upon consideration of the Recommendation of the Three-Member Panel of the Disciplinary Board dated December 23, 2009, the Joint Petition in Support of Discipline on Consent is hereby granted pursuant to Rule 215(g), Pa.R.D.E., and it is

ORDERED that Gary C. Hoicker is suspended on consent from the Bar of this Commonwealth for a period of two years, that the suspension be stayed in its entirety, and that he be placed on probation for a period of two and one-half years, subject to the following conditions:

I. COURT SUPERVISED TREATMENT AS DIRECTED BY COUNTY PROBATION DEPARTMENT

1. Respondent shall attend any and all alcohol treatment as directed by the Delaware County Probation Department as part of his sentence.

II. CONDITIONS OF PROBATION FOR FIRST YEAR IN ADDITION TO CONDITION I ABOVE

1. Respondent shall abstain from using alcohol or any other mind-altering chemical.

2. Respondent shall attend Alcoholics Anonymous meetings at least five (5) times a week.

3. Respondent shall obtain a sponsor in Alcoholics Anonymous and maintain weekly contact with that sponsor.

4. A sobriety monitor shall be appointed to monitor Respondent in accordance with Disciplinary Board Rule §89.293(c).

5. Respondent shall furnish his sobriety monitor with his Alcoholics Anonymous sponsor's name, address and phone number.

6. Respondent shall establish his weekly attendance at Alcoholics Anonymous meetings by providing written verification to the Board on a Board-approved form.

7. Respondent shall file with the Secretary of the Board quarterly written reports.

8. With the sobriety monitor, Respondent shall:

a. meet at least twice a month;

b. maintain weekly phone contact; and

c. cooperate fully.

9. The appointed sobriety monitor shall:

a. monitor Respondent's compliance with the terms and conditions of the order imposing probation;

b. assist Respondent in arranging any necessary professional or substance abuse treatment;

c. meet with Respondent at least twice a month and maintain weekly telephone contact with Respondent;

d. maintain direct monthly contact with Respondent's Alcoholics Anonymous sponsor;

e. file with the Secretary of the Board quarterly reports; and

f. immediately report to the Secretary of the Board any violations by the Respondent of the terms and conditions of the probation.

III. CONDITIONS OF PROBATION AFTER FIRST YEAR IN ADDITION TO CONDITION I ABOVE

1. Respondent shall abstain from using alcohol or any other mind-altering chemical.

2. Respondent shall regularly attend Alcoholics Anonymous meetings.

20100217

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