ODC v. Basil David Marcial ( 2014 )

IN THE SUPREME COURT OF PENNSYLVANIA
OFFICE OF DISCIPLINARY COUNSEL, : No. 1969 Disciplinary Docket No. 3
Petitioner :
: No. 54 DB 2014
v. :
: Attorney Registration No. 74365
BASIL DAVID MARCIAL, :
Respondent : (Philadelphia)
ORDER
PER CURIAM:
th
AND NOW, this 30 day of September, 2014, upon consideration of the
Recommendation of the Three-Member Panel of the Disciplinary Board dated May 13,
2014, 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 Basil David Marcial is suspended on consent from the Bar of this
Commonwealth for a period of one year and one day, the suspension is stayed in its
entirety, and he is placed on probation for a period of two years with a sobriety monitor,
subject to the following conditions:
1. Respondent shall abstain from drinking alcohol and using all mind-altering
chemicals, except as prescribed by licensed medical providers;
2. Respondent shall attend Narcotics Anonymous Meetings on a weekly
basis;
3. A sobriety monitor shall be appointed to monitor respondent in accordance
with Disciplinary Board Rule §89.293(c);
4. Respondent shall immediately notify his sobriety monitor if he no longer
resides in a sober-living facility and shall furnish the monitor with his new
address;
5. Respondent shall furnish to the Office of Disciplinary Counsel his sobriety
monitor’s name, address and telephone number;
6. Respondent shall establish his weekly attendance at sobriety meetings by
providing written verification to the Board on a Board-approved form on a
quarterly basis;
7. Respondent shall undergo any counseling, or out-patient or in-patient
treatment, prescribed by a mental health professional;
8. 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.
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 him;
d) file quarterly written reports with the Secretary of the Board; and
e) immediately report to the Secretary of the Board any violations by
respondent of the terms and conditions of the probation.
10. Respondent shall not violate the Rules of Professional Conduct, the
Pennsylvania Rules of Disciplinary Enforcement, or any state or federal
law.