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<p>WILKES-BARRE &#8212; James Hayward has been without a law license for eight years, longer than he had one, and he wants to get it back.</p><p>But the state has taken its time on whether to let Hayward, who was suspended in 2011 for misconduct and failure to properly represent clients, return to practice. Hayward, 67, has a hearing Thursday in Harrisburg on his petition for reinstatement before The Disciplinary Board of the Supreme Court of Pennsylvania.</p><p>On Nov. 5, 2018, two months after leaving his last city job that he got with the help of Wilkes-Barre Mayor Tony George in order to be eligible for a $1,500-a-month pension, Hayward filed his petition. He&#8217;s indicated that he&#8217;s not interested in retirement, however, telling the board he&#8217;s changed and ready to start over.</p><p>&#8220;I am seeking to have my license reinstated because I worked hard to get it and because I know I have more to offer and could be of assistance to clients who need legal help. My goal is to practice consumer law on a limited basis, primarily credit card defense,&#8221; Hayward said.</p><p>An attorney for the state Office of Disciplinary Counsel responded to Hayward&#8217;s filing and referred to his beleaguered past, his present financial situation and mental health and his future plans to practice law as reasons to deny him his comeback.</p><p>&#8220;On the basis of the information presently available, this office will oppose the petition. Consequently, I request that you schedule a hearing,&#8221; attorney Kristin A. Wells of the Office of Disciplinary Counsel said in a Feb. 4 letter to the Board.</p><p><strong>History</strong></p><p>Hayward has left a well-documented trail of complaints from clients, Wells pointed out. Apart from the state Supreme Court&#8217;s action, the federal bankruptcy court suspended him for five years for mishandling nine cases beginning in 2008. Hayward&#8217;s misconduct in state court involved four cases between 2007 and 2010.</p><p>Hayward was admitted to the bar in 2004 in Luzerne County. He graduated from Widener School of Law in Harrisburg in July 1997. He was suspended for a year for plagiarism, he said in his petition.</p><p>Wells raised concerns about Hayward&#8217;s debt: a $31,408 judgment against him for unpaid legal fees and a $245,000 student loan he took to attend law school that&#8217;s held in deferred status. He&#8217;s refused to comply with the Disciplinary Counsel&#8217;s routine request made in reinstatement cases for tax returns to determine how much he earned during his suspension, Wells added.</p><p>Further proof is needed to support his claim of suffering from Posttraumatic Stress Disorder during the time of his misconduct, Wells said. More information is needed as well about his plans for his solo practice, she said.</p><p>Hayward did not return multiple calls for comment.</p><p>Hayward pleaded his case in writing to the board in the allotted space for relevant details in the 19-page petition. He said his troubles resulted from stress at the time &#8220;compounded&#8221; by his mother&#8217;s terminal cancer, the PTSD from his days as a city firefighter and legal work he was doing for free for people involved with Luzerne County&#8217;s Children and Youth Agency.</p><p>For a 2010 Children and Youth case that went to trial in federal court, he received $45,000 in legal fees. Hayward said his focus on the trial took him away from defending against disciplinary action against him.</p><p>&#8220;The difference today is that, unfortunately, my mother passed during that time. As such, the threat of losing her is no longer a stress on me,&#8221; Hayward said. &#8220;Since that time, I started and continue treatment with a psychologist to address my mother&#8217;s passing, my PTSD, and the results of my personal involvement with CYS cases.&#8221;</p><p>To avoid undue stress Hayward said he would not handle Children and Youth or family law cases.</p><p><strong>Letters of support</strong></p><p>Included with the petition were letters from former Mayor Tom McGroarty, president of the Wilkes-Barre Crime Watch Association Charlotte Raup and former client Shapel Jones of Wilkes-Barre. A letter from psychologist Stephen M. Timchak of Kingston was completely redacted and the contents were not disclosed.</p><p>Jones appealed to the board to reinstate Hayward. She stated he helped her get back her two children from Children and Youth.</p><p>&#8220;He didn&#8217;t help me so that he could make money. He helped me because he saw I was being treated unfairly and that my kids were being harmed by a corrupt system,&#8221; Jones said.</p><p>Raup also recommended reinstatement. &#8220;Over the years I have worked closely with Jim on matters concerning local government and politics. We worked together to hold political leaders accountable and fight against corruption,&#8221; Raup said.</p><p>McGroarty gushed about Hayward&#8217;s leadership, competency and humility. He recalled how Hayward helped out during a period of heavy snow by working during the day as city administrator and at night driving a plow so the regular drivers could rest.</p><p>&#8220;I would like to point out one very special characteristic Jimmy has and that is that he is humble and never forgot where he came from and that was the most ideal of circumstances (sic). Most people would lower themselves to help others by doing a lower job then required manual labor (sic),&#8221; McGroarty said.</p><p>The Office of Disciplinary Counsel&#8217;s Wells described a different Hayward, one that did not keep his clients informed, misrepresented himself to them on what he was doing in their cases and caused a judgment to be filed against a couple in a foreclosure proceeding.</p><p>&#8220;Mr. Hayward&#8217;s misconduct was aggravated by his lack of cooperation with the ODC and failure to participate in the disciplinary process, including failure to appear for the disciplinary hearing,&#8221; Wells said.</p><p>Wells added that if additional information was obtained during the Office of Disciplinary Counsel&#8217;s ongoing investigation, it would be presented in its case opposing reinstatement for Hayward.</p><style>
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<div class="neCaption">James Hayward</div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2019/05/web1_Hayward.croppedCMYK.jpg</photo0><caption0>James Hayward</caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Jerry Lynott</p><p>jlynott@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Jerry Lynott at 570-991-6120 or on Twitter @TLJerryLynott.</p></shirttailMeta></div>

Former Wilkes-Barre employee Hayward facing opposition against reinstating law license