648. Immediately preceding text appears at serial pages (358115) to (358116). 4014; amended November 4, 2022, effective in 30 days from date of publication, 52 Pa.B. Immediately preceding text appears at serial pages (203556) to (203557). Environmental Resources, Title 28 P.S. Boroughs and Incorporated Towns, Title14 Pa.C.S.A. The Note to Enforcement Rule 402 provides that subsection (d)(1) is based on 18 Pa.C.S. A formal complaint is filed with the Office of Disciplinary Counsel (ODC). 5244; amended April 3, 2009, effective immediately, 39 Pa.B. 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. 2368; amended August 7, 2009, effective immediately, 39 Pa.B. 443; amended May 3, 2019, effective May 4, 2019, 49 Pa.B. (b)Consultations with local bar associations. 2009; amended April 25, 1997, effective April 26, 1997, 27 Pa.B. The Board will not make available to the public copies of transcripts or exhibits introduced as evidence in a proceeding. The first-named member of each panel shall be the chair thereof. 1656; amended April 6, 2011, effective immediately, 41 Pa.B. (ix)Such other information as the Attorney Registration Office may from time to time direct. 2216; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. (a)Action by Board. A copying fee, which shall be the same as the copying fee charged to respondent-attorneys, must be prepaid at the time a request is made. 3749; amended September 11, 1992, effective with respect to assessment years commencing July 1, 1992 and thereafter, 22 Pa.B. If the annual fee form, voucher or payment is incomplete or if a payment of the annual fee has been returned to the Board unpaid, the annual fee shall not be deemed to have been paid until a collection fee shall also have been paid. Participation in a meeting pursuant to this section shall constitute presence in person at such meeting. The provisions of this 93.145 amended through October 12, 1984, effective October 13, 1984, 14 Pa.B. A matter may be dismissed at any point prior to review by a Hearing Committee Member or at Disposition points only. Immediately preceding text appears at serial page (333782). changes effective through 53 Pa.B. The Member may approve or modify ODCs recommended disposition, or direct dismissal of the complaint. Mechanics' Liens [Reserved], Title 50 Pa.C.S.A. See Enforcement Rule 208(a)(1), (a)(2)(iv). (13)To cause testimony relating to the conduct of formerly admitted attorneys to be perpetuated. January 2023All Board Disciplinary Actions[PDF], February 2023All Board Disciplinary Actions[PDF], March 2023All Board Disciplinary Actions[PDF], April 2023All Board Disciplinary Actions[PDF]. (c)Administrative fee. 6814, corrected at 46 Pa.B. Workmen's Compensation [Reserved], Title78 Pa.C.S.A. 1244; amended November 14 and 17, 1989 and December 6 and 20, 1989, 20 Pa.B. 3706; amended March 11, 2005, effective immediately, 35 Pa.B. The provisions of this Rule 205 amended through April 1, 1983, effective April 2, 1983, 13 Pa.B. The provisions of this 93.141 amended through May 4, 1984, effective July 1, 1984, 14 Pa.B. Harrisburg, PA 17106-2625, Phone: 717.231.3380 ODC files this document with the Board Prothonotary to which the Respondent may file a response within 20 days. (2)To assemble signed vouchers for the expenses specified in 93.111 (relating to determination of reimbursable expenses) incurred in: (i)the investigation and prosecution of disciplinary proceedings for purposes of the taxation of expenses pursuant to 89.205(b) (relating to informal admonition or private reprimand following formal hearing) and 89.209 (relating to expenses of formal proceedings); and. ST-PHARMACY@PA.GOV. 929; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. Enforcement Rule 202(b) provides that the disciplinary district which shall have jurisdiction over a person subject to the Enforcement Rules shall be any district in which the person maintains an office or the district in which the conduct under investigation occurred. 2729; amended March 11, 2005, effective immediately, 35 Pa.B. (b)Organization. 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. (4)Upon original admission to the bar of this Commonwealth, licensure as a foreign legal consultant, issuance of a Limited In-House Corporate Counsel License, limited admission as an attorney participant in defender or legal services programs, or limited admission as an attorney spouse of an active-duty service member, a person shall concurrently file a form under this section for the current registration year, but no annual fee shall be payable for the registration year in which originally admitted or licensed. Please direct comments or questions to. (c)Location. If an attorney employed by a law firm receives fiduciary funds from or on behalf of a client and deposits or causes the funds to be deposited into a law firm account, the attorney must report the account of deposit under this subparagraph. The Attorney Registration Office shall refuse to accept a form that sets forth only a post office box number for either required address. 2368; amended August 7, 2009, effective immediately, 39 Pa.B. 929. Weights, Measures and Standards [Reserved], Title77 Pa.C.S.A. 3749; amended May 19, 2006, effective May 20, 2006, 36 Pa.B. Witness testimony may be presented via ACT upon motion for cause shown. Immediately preceding text appears at serial page (363192). The Disciplinary Board adjudicates the matter and: 1.) 2138; amended August 7, 2009, effective immediately, 39 Pa.B. (a)General rule. The requirement of Rule 219(d)(3) that every attorney who has filed an annual fee form must give written notice to the Attorney Registration Office of any change in the information previously submitted within 30 days after such change will apply to the information regarding insurance. 7250; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. This 93.108 adopted April 18, 2008, effective April 19, 2008, 38 Pa.B. (d)The Board shall, to the extent it deems feasible, consult with officers of local bar associations in the counties affected concerning any appointment which it is authorized to make under these rules. files its Report and Recommendation with the Supreme Court of Pennsylvania recommending Probation, Public Censure, Suspension, or Disbarment. Box 2649. 648. The affected parties shall be notified in advance of the intent to disclose otherwise confidential material. Pennsylvania Judicial Center (a)General rule. Unofficial Purdon's Pennsylvania Statutes - Westlaw The chair of a hearing committee shall be the presiding officer at all hearings held by the committee and, unless otherwise directed by the committee with respect to particular questions or issues, shall make all rulings on admissibility of evidence and other procedural matters arising in connection with formal proceedings. 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. (ii)any collection fee or late payment penalty that may have been assessed pursuant to 93.144 of these rules, prior to the inactive attorneys request for resumption of active status. 4696; amended April 5, 1997, effective immediately, 27 Pa.B. 2138; adopted and 93.148 reused November 2, 2012, effective November 3, 2012, 42 Pa.B. (c)Incomplete documents. Enforcement Rule 206(c) provides that if a member of a hearing committee becomes disqualified or otherwise unavailable to serve with respect to any particular matter, the Executive Office shall designate a replacement. 5552; amended April 29, 2022, effective in 30 dyas from date of publication, 52 Pa.B. Judiciary and Judicial Procedure, Title42 P.S. This paragraph shall not be construed to require the permanent retention of correspondence, transcripts, briefs and other similar documents which underlie the final disposition of a matter by the Board, but shall include the findings of any hearing committee or special master and the action and any related opinion or opinions of the Board with respect thereto, and any other information which these rules expressly require to be made a matter of record. The provisions of this 93.102 amended May 18, 1979, effective May 26, 1979, 9 Pa.B. (c)Exceptions to initial confidentiality. Immediately preceding text appears at serial pages (396674) to (396675). Resumption of active status shall be granted unless the inactive attorney is subject to an outstanding order of suspension or disbarment, unless the inactive attorney has sold his or her practice pursuant to Rule 1.17 of the Pennsylvania Rules of Professional Conduct (see 89.273(b)), unless the inactive status has been in effect for more than three years, or unless the inactive attorney had not been on active status at any time within the preceding three years (see 89.273(b)), upon the payment of: (i)the active fee for the registration year in which the application for resumption of active status is made or the difference between the active fee and the inactive fee that has been paid for that year; and. (b)Enforcement Rule 402(j)(2) provides that public access to a public proceeding before a hearing committee, special master or the Board shall consist of or be supplemented by livestream technology, which access shall cease upon the conclusion of the proceeding. The amount of the late payment penalties shall be established by the Board annually pursuant to the provisions of 93.145(b) of these rules. ODC and Respondent respectively may file with the Disciplinary Board a Brief on Exceptions to the Hearing Committees Report and Recommendation. If payment of the delinquency has been returned to the Board unpaid, a collection fee, as established by the Board under 93.142(b)(2) of these rules, shall be added to the attorneys delinquent account and registration shall not be deemed to be complete until the delinquent account has been paid in full. Please enable scripts and reload this page. (13)To cause testimony relating to the conduct of formerly admitted attorneys to be perpetuated. 827; amended August 7, 2020, effective in 30 days, 50 Pa.B. (10)To review, through a single member designated by the Board Chair, and approve or reject a certification filed by Disciplinary Counsel under Enforcement Rule 218(d)(2)(ii) indicating that Disciplinary Counsel has determined that there is no impediment to reinstatement of the petitioner, and to issue the report and recommendation required by subdivision (d) of Enforcement Rule 218. The matter is assigned to a 3-member Hearing Committee. Harrisburg, PA 17106-2625, Phone: 717.231.3380 Search all rules applicable to Pennsylvania attorneys. The Counties of Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton and Schuylkill. (4)To assign special masters pursuant to Enforcement Rule 206(d). Forests, Waters and State Parks, Title 33 Pa.C.S.A. Historical and Museums, Title 38 Pa.C.S.A. 4301; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. 66379 : (Bucks County) REPORT AND RECOMMENDATIONS OF THE 4725. 5552. Enforcement Rule 219(m) provides that upon payment of all expenses taxed under 89.205(b) and 89.209 by a formerly admitted attorney on administrative suspension solely for failure to comply with paragraph (a)(1), the Board shall so certify to the Supreme Court; and that unless such person is subject to another outstanding order of suspension or disbarment or the order has been in effect for more than 3 years, the filing of the certification from the Board with the Court Prothonotary shall operate as an order reinstating the person to active status. (c)Petitions for reinstatement. The provisions of this 93.104 amended May 19, 1979, effective immediately, 9 Pa.B. Immediately preceding text appears at serial page (397917). (3)To exercise the powers and perform the duties expressly vested in the Executive Office by these rules. Real and Personal Property, Title 69 Pa.C.S.A. 952; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 4202; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. 1656; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. (a)Action by Attorney Registration Office. If there is no such original docket number, a new number shall be assigned to the petition for reinstatement. The provisions of this 93.26 amended March 11, 2005, effective immediately, 35 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. 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. Immediately preceding text appears at serial page (402466). If the initiation of formal charges is approved, ODC prepares a Petition for Discipline. 2138; amended November 14 and 17, 1989 and December 6 and 20, 1989, 20 Pa.B. 4915. 5552. (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. The official seal of the Board shall be in the form and style as follows: (a)Call and notice. 5325; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. Enforcement Rule 206(a) provides that the Board shall designate the chair of each hearing committee, who shall be a senior hearing committee member. 2009; amended June 11, 1993, effective immediately, 23 Pa.B. (4)an informal admonition was administered more than four years or private reprimand was administered more than six years before the request for access is made shall not be deemed relevant if no other grievances or complaints resulting in the imposition of discipline were filed against the respondent-attorney during such four or six year period, respectively. 3571; amended August 19, 2022, effective in 30 days, 52 Pa.B. 1812; amended April 29, 2022, effective in 30 days from date of publication, 52 Pa.B. changes effective through 53 Pa.B. (a)General rule. (b)The regular terms of members of the Board shall be for six years, unless otherwise specified by order of the Court, and no member shall serve for more than one term. 3500; amended June 11, 1993, effective immediately, 23 Pa.B. (5)To maintain, through the Executive Office, permanent records of all matters processed by the Office of Disciplinary Counsel and the disposition thereof. The provisions of this 93.22 amended through October 9, 1981, effective October 10, 1981, 11 Pa.B. Fax: 717.231.3381, Please enter your email address to sign up for the newsletter. Requests additional information or documentation, if necessary; and. Judiciary and Judicial Procedure, Pennsylvania Rules of Disciplinary Enforcement, Court of Judicial Discipline Rules of Procedure, Rules Governing Appeals from the Court of Judicial Discipline, Rules Governing the Conduct of Members of the Court of Judicial Discipline, Judicial Conduct Board Rules of Procedure, Judicial Conduct Board Members Conduct Rules, Pennsylvania Rules of the Judicial Ethics Advisory Board, Pennsylvania Regulations of the Judicial Ethics Advisory Board, Pennsylvania Rules for Continuing Legal Education, Pennsylvania Continuing Legal Education Board Regulations, Internal Operating Procedures of the Supreme Court, Operating Procedures of the Superior Court, Internal Operating Procedures of the Commonwealth Court, Pennsylvania Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges, Pennsylvania Rules of Judicial Administration, Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, Pennsylvania Rules of Appellate Procedure, Title 44 P.S. Immediately preceding text appears at serial pages (397913) to (397914). 1656. 4301; amended May 29, 2009, effective May 30, 2009, 39 Pa.B. The provisions of this 93.105 adopted February 24, 2006, effective immediately, 36 Pa.B. (b)Numbering. 6864; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. Enforcement Rule 219(h)(3) provides that a formerly admitted attorney who is administratively suspended must pay the late payment penalties incurred in the year in which the formerly admitted attorney is transferred to administrative suspension. The provisions of this 93.103 amended March 11, 2005, effective immediately, 35 Pa.B. The fiscal year of the Board shall commence July 1 of each year. 538; amended March 15, 1994, effective immediately, 24 Pa.B. The Hearing Committee Member does not thereafter participate in the matter. Pennsylvania Rules of Disciplinary Enforcement 203(b)(3). Immediately preceding text appears at serial pages (363194) to (363196). 2729; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 1838; amended May 19, 2006, effective May 20, 2006, 36 Pa.B. Enforcement Rule 206(a) provides that a hearing committee shall act only with the concurrence of a majority of its members and that two members shall constitute a quorum, except that a single senior or experienced hearing committee member may act for the committee when the committee is sitting as an investigatory hearing committee under 91.2(a)(1) (relating to subpoenas and investigations) or when conducting a prehearing conference. (3)an order of temporary suspension from the practice of law is entered by the Court pursuant to Enforcement Rule 208(f) (relating to emergency temporary suspension orders and related relief) or Enforcement Rule 214(d) (relating to temporary suspension based on a criminal proceeding), in which case the proceedings and filings related to the petition, the order, and any petition to dissolve, amend or modify shall be public, (4)in matters involving alleged disability, the Supreme Court enters its order transferring the respondent-attorney to inactive status pursuant to Chapter 91 Subchapter D (relating to disability), or. 5156; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 1434; amended October 17, 2003, effective immediately, 33 Pa.B. (5)there is a need to notify another person or organization, including the Lawyers Fund for Client Security, in order to protect the public, the administration of justice, or the legal profession. (b)Late payment penalties. 2581. 1782 (March 25, 2023). Cases - padisciplinaryboard.org Consent discipline may occur at any point prior to the issuance of the Hearing Committee's Report and Recommendation. 5552. Dates are scheduled for the prehearing conference and hearing, at which ODC presents evidence of Respondents misconduct and Respondent presents any defense thereto. The ruling on the application for a protective order may be appealed to the Board. Enforcement Rule 205(b) further provides that 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. 4956; amended November 18, 2019, effective in 30 days from date of publication, 50 Pa.B. 3075; amended February 1, 2019, effective in 30 days, 49 Pa.B. (2)the investigation is predicated upon a conviction of the respondent-attorney for a crime or reciprocal discipline. (3)Administrative Change in Status from Inactive Status to Active Status: An attorney on inactive status may request a resumption of active status by filing Form DB-29 (Application for Resumption of Active Status) with the Attorney Registration Office. 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. The provisions of this 93.83 amended July 8, 1983, effective July 9, 1983, 13 Pa.B. Enforcement Rule 205(d) provides that the Board shall, to the extent it deems feasible, consult with officers of local bar associations in the counties affected concerning any appointment which it is authorized to make under the Enforcement Rules. (14)To petition the Court under 91.74 (relating to petition by Board for determination of professional competency) to determine whether an attorney is incapacitated from continuing the practice of law by reason of mental infirmity or illness or because of addiction to drugs or intoxicants, and to retain counsel other than Disciplinary Counsel to represent the Board in such proceedings when the Board considers such separate representation to be appropriate. (ii)The current email, residence and office addresses of the attorney, the latter two of which shall be an actual street address or rural route box number. Failure to timely register and file the next annual fee form shall not excuse the requirement of reporting changes in financial account information on an annual basis on or before July 1, and failure to make such a report shall constitute a violation of Enforcement Rule 219. See Enforcement Rule 208(a)(1), (a)(2)(iv). P.O. Keystone State. (11)To administer, by the Board or through a designated panel of three members selected by the Board Chair, private reprimands or public reprimands to attorneys for misconduct. Immediately preceding text appears at serial pages (400492) and (397901). Immediately preceding text appears at serial page (203550). (9)To review, through a designated panel of three members, and approve or reject a joint petition in support of discipline on consent filed with the Board pursuant to Enforcement Rule 215(d). Requests for copies of documents relating to disciplinary proceedings that are available to the public under this subchapter must be in writing and directed to the Executive Office. (a)Transmission of form. 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. 4725; amended August 6, 2011, effective immediately, 41 Pa.B. 2009; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. 2729; amended July 29, 1994, effective July 30, 1994, 24 Pa.B. 4188; amended March 4, 1997, effective immediately, 27 Pa.B. Enforcement Rule 206(a) provides that when a hearing committee is required to handle a matter, the Board shall appoint a hearing committee consisting of three hearing committee members from the appropriate disciplinary district. Financial hardship shall be determined by reference to the federal poverty guidelines. The provisions of this 93.3 amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. Immediately preceding text appears at serial page (363183). Rule 1.4(c) does not apply to attorneys who do not have any private clients, such as attorneys in full-time government practice or employed as in-house corporate counsel. 4725; amended April 21, 2017, effective June 3, 2017, 47 Pa.B. (6)To review the conclusions of hearing committees and special masters with respect to formal charges or petitions for reinstatement, and to prepare and forward its own findings and recommendations, together with the record of the proceeding before the hearing committee or special master, to the Supreme Court. 1656; amended August 11, 2012, effective immediately, 42 Pa.B. (1)District I. The provisions of this 93.81 amended March 6, 1981, effective March 7, 1981, 11 Pa.B. WebIn accordance with the provisions of Disciplinary Board Rule 87.7 and Pennsylvania Rules of Disciplinary Enforcement 203(b)(7), the Respondent has 30 days to respond to Disciplinary 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. A copy of Enforcement Rule 217 (relating to formerly admitted attorneys) shall be enclosed with the notice. 375; amended March 11, 2005, effective immediately, 35 Pa.B. Disciplinary Board Rules, Chapter 89, Subchapter D, Action by Board and Supreme Court. 1244; amended July 8, 1988, effective July 9, 1988, 18 Pa.B. 4725; amended August 6, 2011, effective immediately, 41 Pa.B. (b)Filing of annual fee form. 5552. Immediately preceding text appears at serial page (363186). One or more members of the Board may participate in a meeting of the Board by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other.

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