Office of Disciplinary Counselv.Cusack

DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIAJun 7, 2019
No. 243 DB 2018 (Pa. Jun. 7, 2019)

No. 243 DB 2018

06-07-2019

OFFICE OF DISCIPLINARY COUNSEL Petitioner v. THOMAS M. CUSACK, III Respondent


Attorney Registration No. 83343 (Lancaster County) ORDER

AND NOW, this 7th day of June, 2019, in accordance with Rule 215(g), Pa.R.D.E., the three-member Panel of the Disciplinary Board having reviewed and approved the Joint Petition in Support of Discipline on Consent filed in the above captioned matter; and it is

ORDERED that the said THOMAS M. CUSACK, III, of Lancaster County 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)(7) of the Pennsylvania Rules of Disciplinary Enforcement.

IT IS FURTHER ORDERED that Respondent shall be placed on PROBATION for a period of two (2) years subject to the following conditions:

Conditions of Probation:

1. Respondent shall abstain from using alcohol, drugs, or any other mind-altering chemical except under the strict supervision of a prescribing physician;

2. Respondent shall regularly attend therapy sessions with Pamela Michael or another licensed professional counselor at least monthly or on such shorter intervals as prescribed by Ms. Michael or a successor counselor;

3. Respondent shall authorize Ms. Michael or any successor counselor to make written reports directly to the Board Prothonotary verifying attendance at therapy sessions;

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 licensed professional counselor's name, address and telephone number and shall authorize Ms. Michael or any successor counselor to communicate with his sobriety monitor concerning his treatment;

6. Respondent shall immediately authorize and direct Ms. Michael or any successor counselor to immediately provide a written report of facts and circumstances to the Board Prothonotary at any time when, in the estimation of that counselor, Respondent is in violation of the conditions of his probation or Respondent's behavior or material failure to conduct himself in cooperation with any aspect of the prescribed therapy regimen indicates that he is, or may be, in jeopardy of becoming mentally unfit to engage in the practice of law;

7. Respondent shall undergo any counseling, out-patient or in-patient treatment, prescribed by a physician or alcohol counselor;

8. Respondent shall file quarterly written reports with the Board;

9. With the sobriety monitor, Respondent shall:


a) meet at least twice a month;

b) maintain weekly telephone contact;

c) provide the necessary properly executed written authorizations to verify his compliance with the required substance abuse treatment; and

d) cooperate fully.


10. 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 licensed professional counselor;

e) file quarterly written reports with the Board; and

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


Failure to comply with the above Conditions shall be grounds for reconsideration of the matter under the specific provision of Enforcement Rule 203(b)(2) and Disciplinary Board Rule 87.53(b)

BY THE BOARD:

/s/_________


Board Chair TRUE COPY FROM RECORD
Attest: /s/_________
Marcee D. Sloan
Asst. Secretary of the Board
The Disciplinary Board of the
Supreme Court of Pennsylvania