Enforcement Rule 219(a) provides that every attorney admitted to practice law in this Commonwealth shall pay an annual fee of $195.00 and electronically file the annual fee form provided for under such rule by July 1; that the fee shall be collected under the supervision of the Attorney Registration Office, which shall make, the annual fee form available for filing through a link on the Boards website (http://www.padisciplinaryboard.org) or directly at https://ujsportal.pacourts.us. 3706; amended February 3, 1995, effective February 4, 1995, 25 Pa.B. (i)hearing committee members to review and approve or modify recommendations by Disciplinary Counsel for dismissals, informal admonitions, private reprimands, public reprimands and institution of formal charges; (ii)senior or experienced hearing committee members to hear and determine attacks on the validity of subpoenas issued pursuant to Enforcement Rule 213(a)(2) (relating to subpoena power, depositions and related matters), as provided in Enforcement Rule 213(d)(2); or. Official confirmation of the current status of a license can be obtained by contacting the Bureau ofProfessional and Occupational Affairs: 2601 North 3rd Street, Harrisburg, PA 17110; (717) 787-8503. Taxable expenses under these rules shall include, but not be limited to, the following: (1)court reporter fees and transcript costs; (2)the fees and expenses of expert and other witnesses; (3)the cost of serving subpoenas, pleadings and briefs; (4)the charges by banks and other institutions for production of statements, checks and other records in response to subpoenas or otherwise; (5)the cost of reproducing documents introduced or offered as evidence at hearings; (6)the cost of reproducing pleadings and briefs; and. 3075; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5365; amended November 26, 1990, effective December 15, 1990, 20 Pa.B. (b)Determination of quorum. 827; amended September 11, 1992, effective with respect to assessment years commencing July 1, 1992 and thereafter, 22 Pa.B. 1782 (March 25, 2023). 204 Pa. Code Rule 205. WebState Board of Pharmacy. (F)as an owner, controlling party, employee, agent, or as one who is otherwise affiliated with an entity providing nonlegal services and the attorney knows or reasonably should know that the recipient of the service might believe that the recipient is receiving the protection of a client-lawyer relationship. (2)May urge in the Supreme Court a position inconsistent with any recommendation of the Board where in the judgment of Disciplinary Counsel a different disposition of the matter is warranted by the law or the facts. 2009; amended June 11, 1993, effective immediately, 23 Pa.B. (17)To authorize the use of electronic means to conduct prehearing conferences and post-hearing proceedings before a hearing committee, special master or the Board, but all adjudicatory proceedings shall be conducted in person unless warranted by extraordinary circumstances. (a)General rule. 5156; amended January 30, 2015, effective March 2, 2015, 45 Pa.B. (b)Certain informal proceedings. Pennsylvania Judicial Center The Member may approve or modify ODCs recommended disposition, or direct dismissal of the complaint. 648. (2)An inactive attorney under this subsection (b) shall continue to file the annual form required by 93.142(b), and shall file the form through the online system identified in 93.141(a) and shall pay an annual fee of $100.00 in the manner provided in 93.142(b)(2). (d)Restrictions on available information. Immediately preceding text appears at serial pages (397925) to (397926). Historical and Museums, Title 38 Pa.C.S.A. Under Enforcement Rule 208(d)(1), Board Members appointed in a matter to review Disciplinary Counsels charging decisions or recommended disposition are precluded from further participation in that matter. 1656. 929. Upon an attorneys written request submitted to the Attorney Registration Office and for good cause shown, the Attorney Registration Office shall grant an exemption from the electronic filing requirement and permit the attorney to file the annual fee form in paper form. Each entry includes the name of the respondent; the respondent's license number (if any); the respondent's last known business address with the board; the sanction imposed; a brief description of the basis for the disciplinary or corrective measure; the effective date; and whether the action has been appealed. (4)military attorneys holding a limited certificate of admission issued under Pa.B.A.R. 1244; amended July 8, 1988, effective July 9, 1988, 18 Pa.B. (vii)A statement that any action brought against the attorney by the Pennsylvania Lawyers Fund for Client Security for the recovery of monies paid by the Fund as a result of claims against the attorney may be brought in the Court of Common Pleas of Allegheny, Dauphin or Philadelphia County. 5552. 5552; amended April 29, 2022, effective in 30 dyas from date of publication, 52 Pa.B. The provisions of this 93.144 amended through July 8, 1983, effective July 9, 1983, 13 Pa.B. Requests additional information or documentation, if necessary; and. The Hearing Committee Member reviews the DB-3 and any supporting documentation. The matter is assigned to a 3-member Hearing Committee. For each account, the attorney shall provide the name of the financial institution (whether or not the entity qualifies as a Financial Institution under RPC 1.15(a)(4)), location, and account number. Administrative Law and Procedure, Title 6 Pa.C.S.A. An attorney may apply to the Board for a waiver of the annual fee on the basis of financial hardship by submitting a waiver application and required documentation to the Attorney Registration Office by July 1. An attorney who has been administratively suspended pursuant to 93.144(b) of these rules for three years or less is not eligible to file the annual fee form electronically. (c)Enforcement Rule 402(j)(3) provides that a request for in-person access to a public proceeding other than by the parties, their attorneys and reasonably necessary staff shall be made to the Board at least 30 days in advance of the scheduled proceeding. Enforcement Rule 219(f) provides that when any attorney fails to complete the registration required by 93.141 and 93.142 by July 16, the Attorney Registration Office shall: (1)automatically assess against the attorney a non-waivable late payment penalty established by the Board; (2)automatically add to the delinquent account of any attorney who has failed to complete registration by August 1, a second, non-waivable late payment penalty established by the Board; (3)after August 1, certify to the Supreme Court the name of every attorney who has failed to comply with the registration and payment requirements of 93.141 and 93.142 of these rules; and. Immediately preceding text appears at serial pages (402463) to (402464) and (404241). (i)hearing committee members to review and approve or modify recommendations by Disciplinary Counsel for dismissals, informal admonitions, private reprimands, public reprimands and institution of formal charges; (ii)senior or experienced hearing committee members to hear and determine attacks on the validity of subpoenas issued pursuant to 91.2 (relating to subpoenas and investigations), as provided in 91.3(a)(2) (relating to determination of validity of subpoenas); or. (c)Exception to required notice to respondent-attorney. 3127; amended June 4, 2012, effective in 30 days, 42 Pa.B. (3)To appoint not less than 18 hearing committee members within each disciplinary district. The provisions of this 93.51 amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. Either party may request oral argument before the Supreme Court of Pennsylvania, which the Court may grant. files its Report and Recommendation with the Supreme Court of Pennsylvania recommending Probation, Public Censure, Suspension, or Disbarment. Enforcement Rule 202(a) provides that disciplinary jurisdiction in this Commonwealth shall be divided into the following districts. Weights, Measures and Standards [Reserved], Title77 Pa.C.S.A. 4725; renumbered as 93.149 and reserved November 2, 2012, effective November 3, 2012, 42 Pa.B. Search all rules applicable to Pennsylvania attorneys. (1)District I. 5325; amended June 11, 1993, effective immediately, 23 Pa.B. Unless and until formal charges are filed and the complainant is designated as a witness at the prehearing conference, or Disciplinary Counsel determines that the complaint contains exculpatory material, the complaint shall not be provided to the respondent-attorney. Enforcement Rule 205(c)(3) provides that the Board shall appoint not less than 18 hearing committee members within each disciplinary district, and that each person appointed as a hearing committee member for a district shall be a member of the bar of this Commonwealth who maintains an office for the practice of law within the district. Download a printable version of this process: Pennsylvania Judicial Center (13)To cause testimony relating to the conduct of formerly admitted attorneys to be perpetuated. 1782 (March 25, 2023). 5246; amended December 6, 1989, effective December 23, 1989, 19 Pa.B. 1671; amended August 4, 1994, effective immediately, 24 Pa.B. 5552. Enforcement Rule 402(h) provides that, if an agency or board requesting the release of information under subsection (a) other than the Judicial Conduct Board and the Pennsylvania Lawyers Fund for Client Security Board has not obtained an applicable waiver of confidentiality from the respondent-attorney, and the agency or board requests that the information be released without giving notice to the respondent-attorney, the requesting agency or board shall certify that: (1)the request is made in furtherance of an ongoing investigation into misconduct by the respondent-attorney; (2)the information is essential to that investigation; and. Insolvency and Assignments [Reserved], Title42 Pa.C.S.A. Immediately preceding text appears at serial pages (363188) to (363189). The provisions of this 93.27 amended October 29, 2020, effective in 30 days from date of publication, 51 Pa.B. This paragraph shall not be construed to require the permanent retention of correspondence, memoranda, transcripts and other similar documents which underlie the final disposition of a matter by the Office of Disciplinary Counsel and such materials may be retained or disposed of by the Office of Disciplinary Counsel in its discretion. Immediately preceding text appears at serial pages (397922) to (397925). P.O. 5552. (5)An attorney on retired status for three years or less may be reinstated in the same manner as an inactive attorney, by filing a Form DB-29 (Application for Resumption of Active Status), except that the retired attorney shall pay the annual active fee for the three most recent years or such shorter period in which the attorney was on retired status instead of the amounts required to be paid by an inactive attorney seeking reinstatement. (4)To assign special masters pursuant to Rule 206(d). Legal Holidays and Observances, Title 49 Pa.C.S.A. 648. (iii)senior or experienced hearing committee members to consider a petition for reinstatement to active status from retired or inactive status, or administrative suspension, under 89.273(b) (relating to procedures for reinstatement). Keystone State. (a)Action by Attorney Registration Office. Financial hardship shall be determined by reference to the federal poverty guidelines. Disciplinary Board Rules and Procedures (b)Party status of Disciplinary Counsel. Decedents, Estates and Fiduciaries, Title 22 Pa.C.S.A. 1812; amended April 29, 2022, effective in 30 days from date of publication, 52 Pa.B. : 1 DB 2001. 544; amended June 2, 2017, effective June 3, 2017, 47 Pa.B. 204 Pa. Code Chapter 93. Organization And Administration 6814, corrected at 46 Pa.B. 3500; amended November 14 and 17, 1989 and December 6 and 20, 1989, 20 Pa.B. 4725; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. (5)To assign formal charges or the conduct of an investigatory hearing to a hearing committee or special master, and to assign a reinstatement petition to a hearing committee. 6864. 544; amended October 28, 2016, effective October 29, 2016, 46 Pa.B. (b)Action by Supreme Court. (5)payment of an administrative processing fee of $100.00. Except as otherwise ordered by the Board, matters submitted to the Board for action shall be assigned a docket number consisting of the letters DB and the calendar year in which the matter is docketed, which shall be preceded by the serial number of the matter in such calendar year, e.g. Where payment of the fees and penalties has been returned to the Board unpaid, the Attorney Registration Office shall immediately return the attorney to administrative suspension, and the arrears shall not be deemed to have been paid until a collection fee, as established by the Board under 93.142(b)(2), shall also have been paid. The Executive Office shall maintain such dockets of matters considered by the Board as may be directed by the Board. The provisions of this 93.121 amended November 14 and 17, 1989 and December 6 and 20, 1989, effective April 14, 1990, 20 Pa.B. In the absence of the Chair one of the following persons in the order stated shall preside: (2)An acting chair selected by the Board for such purpose. 6814, corrected at 46 Pa.B. 4301; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. (a)General rule. 204 Pa. Code Rule 205. The Disciplinary Board of the Supreme There shall be an Office of Disciplinary Counsel, which shall be the office of the Chief Disciplinary Counsel and the following staff of the Board: (3)Such other staff of the Board as may be designated by the Board Chair. (ix)Such other information as the Attorney Registration Office may from time to time direct. WebRecommendations of the Disciplinary Board, John William Eddy is suspended from the Bar of this Commonwealth for a period of three years, retroactive to September 6, 2019. 2215; amended October 29, 2020, effective in 30 days from the date of publication, 51 Pa.B. Enforcement Rule 219(j) provides that: (1)An attorney who is not engaged in practice in Pennsylvania, has sold his or her practice pursuant to Rule 1.17 of the Pennsylvania Rules of Professional Conduct, or is not required by virtue of his or her practice elsewhere to maintain active licensure in the Commonwealth may request inactive status or continue that status once assumed. The provisions of this 93.26 amended March 11, 2005, effective immediately, 35 Pa.B. Both processes are detailed on our website. Enforcement Rule 208(g)(4) provides that in addition to the payment of any expenses under Enforcement Rule 208(g)(1) or (g)(2), a respondent-attorney shall pay upon the final order of discipline an administrative fee, pursuant to the schedule set forth in the rule. 2729; amended March 11, 2005, effective immediately, 35 Pa.B. 5156; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. Immediately preceding text appears at serial pages (203555) to (203556). 4725; amended April 21, 2017, effective June 3, 2017, 47 Pa.B. 1643; amended July 30, 1999, effective immediately, 29 Pa.B. 2539; amended November 9, 2018, effective in 30 days, 48 Pa.B. 6864; amended October 28, 2016, effective October 29, 2016, 46 Pa.B. (c)Reinstatement upon payment of taxed costs. (4)Prevent the Board from exercising its discretion to provide public access to a complaint or portions thereof, as the interests of justice may require. Immediately preceding text appears at serial pages (396674) to (396675). Enforcement Rule 208(g)(2) provides that expenses taxable by the Board pursuant to 89.205(b) (relating to informal admonition, private reprimand or public reprimand following formal hearing) shall be prescribed by these rules. The provisions of this 93.112 adopted April 8, 1983, effective April 9, 1983, 13 Pa.B. Enforcement Rule 402(e) provides that this subchapter shall not be construed to provide public access to: (1)the work product of the Board, Disciplinary Counsel, hearing committee members, or special masters; (2)deliberations of a hearing committee, special master, the Board or the Supreme Court; (3)information subject to a protective order issued under 93.106 (relating to protective orders); or. (3)To exercise the powers and perform the duties expressly vested in the Executive Office by these rules. Office of Disciplinary Counsel (ODC) sends to the Respondent a DB-7, a notice which advises the Respondent of the complaint and requests a formal statement of Respondents position. 1656; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 4696; amended April 5, 1997, effective immediately, 27 Pa.B. 1607; amended February 24, 2006, effective immediately, 36 Pa.B. The presence of members who are disqualified from participating in one or more matters to be considered at a meeting shall nonetheless be counted for purposes of determining the existence of a quorum for the consideration of all matters on the agenda. Immediately preceding text appears at serial pages (363190) to (363191). 3075; amended February 1, 2019, effective in 30 days, 49 Pa.B. 2687; amended May 22, 2015, effective immediately, 45 Pa.B. 6864; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. The form shall include the name and account number for each account in which the attorney held such funds, and each IOLTA Account shall be identified as such. (d)Assessed Penalties on Unpaid Taxed Expenses and Administrative Fees. Immediately preceding text appears at serial pages (397905) to (397906). Except when acting under Paragraph (c)(5), (7), (8), (9) and (16) of this rule, the Board shall act only with the concurrence of not less than the lesser of: (ii)a majority of the members in office who are not disqualified from participating in the matter or proceeding. The fact that a referral was made and its outcome shall not be relevant for any purpose and may not be considered or disclosed by Disciplinary Counsel in any proceeding under these Rules. 5552. 1782 (March 25, 2023). 5552. The provisions of this 93.107 adopted February 24, 2006, effective immediately, 36 Pa.B. Chair and Vice Chair. (3)To request the appointment of a special master, where appropriate, and to prosecute all disciplinary proceedings before hearing committees, the Board and the Supreme Court. Immediately preceding text appears at serial pages (309943) to (309944). (b)Enforcement Rule 219(k) provides that an active attorney who has been administratively suspended for failure to file the annual form required by 93.142 and pay the annual fee required by 93.141 must comply with 93.145 (relating to reinstatement of administratively suspended attorneys) before becoming eligible to register as inactive or retired. (5)after the expiration of any order restricting access to disciplinary information. ODC prepares a Petition for Discipline, a document which sets forth the charges of misconduct. Please enable scripts and reload this page. The provisions of this 93.104 amended May 19, 1979, effective immediately, 9 Pa.B. (a)Retired Status. The official record of the proceeding shall be the record generated by the court reporter, as applicable. Immediately preceding text appears at serial pages (397913) to (397914). (a)General rule. After these briefs are filed, both parties may file with the Disciplinary Board a Brief Opposing Exceptions, in response to the other partys exceptions. WebThe Disciplinary Board of the Supreme Court of Pennsylvania. Immediately preceding text appears at serial page (363186). (a)The Supreme Court shall appoint a board to be known as The Disciplinary Board of the Supreme Court of Pennsylvania which shall be composed of ten members of the Bar of this Commonwealth and two non-lawyer electors. Immediately preceding text appears at serial pages (363183) to (363184). Box 2649. 5552. View an attorneys contact information and disciplinary history. 1.15(u) imposes an additional annual fee for use by the IOLTA Board, and Enforcement Rule 502(b) imposes an additional annual fee for use by the Pennsylvania Lawyers Fund for Client Security. 2138; adopted and 93.148 reused November 2, 2012, effective November 3, 2012, 42 Pa.B. Notifies Complainant of case disposition. Highways and Bridges [Reserved], Title 37 Pa.C.S.A. Fax - (717) 787-7769. Enforcement Rule 402(g) provides that, except as provided in subsection (c), if nonpublic information is requested pursuant to subsection (a) and the respondent-attorney has not signed an applicable waiver of confidentiality, the respondent-attorney shall be notified in writing at the last known address of the respondent-attorney of what information has been requested and by whom, together with a copy of the information proposed to be released to the requesting agency or board. (a)General rule. 1656. The Counties of Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton and Schuylkill. On or before July 1 of each year the Executive Office shall publish in the Pennsylvania Bulletin a notice of the late payment penalty established by the Board for the coming registration year. The amount of the collection fee, and one or both of the late payment penalties prescribed in 93.144(a)(1) and (2) of these rules if assessed, shall be established by the Board annually after giving due regard to the direct and indirect costs incurred by the Board during the preceding year for payment returned to the Board unpaid. 5552. (b)Notwithstanding the restoration of confidentiality under subsection (a), Disciplinary Counsel shall notify the complainant in writing of the disposition in conformance with the provisions of 87.51(a)(1) (relating to notification of disposition of complaint) of these Rules. (4)Chapter 91 Subchapter E (relating to formerly admitted attorneys) shall not be applicable to the formerly admitted attorney unless ordered by the Supreme Court in connection with the entry of an order of suspension or disbarment under another provision of the Enforcement Rules. Mental Health [Reserved], Title 52 Pa.C.S.A. All proceedings shall be conducted in accordance with Board Rules, Enforcement Rules and the decisional law of the Court and the Board. Enforcement Rule 219(g) provides that upon receipt of certification of the name of any attorney pursuant to paragraph (a)(3) of this section, the Supreme Court shall enter an order administratively suspending the attorney; and that the Chief Justice may delegate the processing and entry of orders under this subsection to the Court Prothonotary. Disciplinary action is any action that corrects, molds, strengthens or perfects an employees performance. Subpart Upon an attorneys written request submitted to the Attorney Registration Office and for good cause shown, the contact information provided by the attorney will be nonpublic information and will not be published on the Boards website or otherwise disclosed. Enforcement Rule 401 provides that the Board shall annually obtain an independent audit by a certified public accountant of the funds entrusted to it and their disposition and shall file a copy of such audit with the Supreme Court. Enforcement Rule 219(g) provides that upon certification to the Supreme Court of the name of any attorney pursuant to paragraph (a)(2), the Court shall enter an order administratively suspending the attorney; and that the Chief Justice may delegate the processing and entry of orders under this subsection to the Court Prothonotary. The Note to Enforcement Rule 219(d)(1)(ii) explains that public web docket sheets will show the attorneys address as entered on the court docket. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. subpart c. disciplinary board of Note: This mailbox is reserved If the respondent-attorney timely objects to the disclosure, the information shall remain confidential unless the requesting agency or board obtains an order of the Supreme Court requiring its release or the respondent-attorney withdraws the objection. 6864; amended October 28, 2016, effective October 29, 2016, 46 Pa.B. However, it should be noted that the names of persons listed may be similar to the names of persons who have not had disciplinary or corrective measures taken against them. (a)General rule. 5552. 4725; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. Judiciary and Judicial Procedure, Title42 P.S. changes effective through 53 Pa.B. (iii)The name of each Financial Institution, as defined in 91.171 (Definitions), within or outside this Commonwealth in which the attorney, from May 1 of the previous year to the date of the filing of the annual fee form, held funds of a client or a third person subject to Rule 1.15 of the Pennsylvania Rules of Professional Conduct. IN THE SUPREME COURT OF PENNSYLVANIA Enforcement Rule 206(b) provides that each hearing committee shall have the power and duty: (1)To conduct investigatory hearings and hearings into formal charges of misconduct upon assignment by the Executive Office. 2009; amended March 1, 1991, effective March 2, 1991, 21 Pa.B. 6864; amended May 3, 2019, effective May 4, 2019, 49 Pa.B. Search Supreme Court and Disciplinary Board Opinions. part v. professional ethics and conduct. For each account, the attorney shall provide the name of the financial institution, location and account number. 1782 (March 25, 2023). (a)Enforcement Rule 402(k) provides that if a formal proceeding results in the imposition of private discipline or dismissal of all the charges, the proceeding shall cease to be open to the public when the decision to impose private discipline or dismiss the charges becomes final, unless the respondent-attorney requests that the record of the proceeding remain open to the public. 6814, corrected at 46 Pa.B. 6841. The Hearing Committee issues its Report and Recommendation, which includes, among other things, findings of fact, conclusions of law, and recommended disposition. (12)To adopt rules of procedure not inconsistent with the Enforcement Rules. 2138; amended May 19, 2006, effective May 20, 2006, 36 Pa.B. Unofficial Purdon's Pennsylvania Statutes from Westlaw, Title 2 Pa.C.S.A. (2)Certify to the Supreme Court the name of every attorney who has failed to respond to a notice issued pursuant to paragraph (a)(1) within the 30 day period provided therein. 5552. Immediately preceding text appears at serial page (363183). ODC files this document with the Board Prothonotary to which the Respondent may file a response within 20 days. Disciplinary Board Rules 89.162 89.164. WebPennsylvania Rules of Disciplinary Enforcement; Pennsylvania Disciplinary Board Rules; Code of Judicial Conduct; Court of Judicial Discipline Rules of Procedure; Rules (h)Transcripts and exhibits. 827; amended August 7, 2020, effective in 30 days, 50 Pa.B. (ii)the investigation and processing of petitions for reinstatement for purposes of the imposition of expenses on respondent-attorneys pursuant to 89.278 (relating to expenses of reinstatement proceedings). 2009; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. The identity of the hearing committee member acting under 87.32 (relating to action by reviewing hearing committee) shall not be a part of the record in a formal proceeding under these rules and shall not be available to the respondent-attorney or the public. 2138; amended August 7, 2009, effective immediately, 39 Pa.B. Immediately preceding text appears at serial page (402466). Enforcement Rule 219(h) provides that the procedure for reinstatement is as follows: (1)The formerly admitted attorney shall submit to the Attorney Registration Office the form required by 93.142(b) along with payment of: (ii)the annual fee that was due in the year in which the attorney was administratively suspended; (iii)the late payment penalties required by subsection (b) of this section; (2)Upon receipt of the annual fee form, a verified statement showing compliance with Enforcement Rule 217 (relating to formerly admitted attorneys), and the payments required by paragraph (a)(1) of this section, the Attorney Registration Office shall so certify to the Board Prothonotary and to the Supreme Court; and that unless the formerly admitted attorney is subject to another outstanding order of suspension or disbarment or the order has been in effect for more than three years, the filing of the certification from the Attorney Registration Office with the Court Prothonotary shall operate as an order reinstating the person to active status.
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