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PA Bulletin, Doc. No. 96-1

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CHS. 85 AND 89]

Amendments to the Rules of Organization and Procedure of the Board; Notice of Proposed Rulemaking

[26 Pa.B. 7]

   Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania is considering amending its Rules of Organization and Procedure as set forth in Annex A.

   The proposed amendments deal with the following subjects:

   1.  Recusal. Pa.R.D.E. 220 provides for the recusal of members of the Board or hearing committees or special masters under certain circumstances. The Board is proposing to specify in § 85.11 of its Rules the procedures to be followed when such a motion is made.

   2.  Reinstatement. Pa.R.D.E. 208(g)(1) provides that when the expenses of a formal proceeding are taxed against a respondent-attorney the expenses must be paid within 30 days after the entry of the order taxing the expenses. Pa.R.D.E. 531 provides that a respondent-attorney may not be reinstated until the Lawyers Fund for Client Security has been reimbursed for any disbursements it has made as a result of the conduct of the respondent-attorney. Notwithstanding those rules, the Board has encountered situations where formerly admitted attorneys have sought reinstatement before the taxed costs have been paid or the Lawyers Fund for Client Security has been reimbursed. The Board is accordingly considering amending its Rules to provide expressly that reinstatement may not be sought until all taxed costs have been paid and reimbursement has been made.

   Interested persons are invited to submit written comments regarding the proposed amendments to the Office of the Secretary, The Disciplinary Board of the Supreme Court of Pennsylvania, First Floor, Two Lemoyne Drive, Lemoyne, PA 17043, on or before January 22, 1996.

By The Disciplinary Board of the Supreme Court of Pennsylvania

ELAINE M. BIXLER,   
Secretary

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

Subpart C.  DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA

CHAPTER 85.  GENERAL PROVISIONS

§ 85.11.  Recusal.

*      *      *      *      *

   (b)  Procedure for refusal. Enforcement Rule 220(b) provides that a motion to disqualify a member of the Board or of a hearing committee or a special master shall be made in accordance with these rules, but the making of such a motion shall not stay the conduct of the proceedings or disqualify the challenged member or special master pending disposition of the motion. The procedures applicable to a motion for recusal shall be as follows:

   (1)  The motion shall be filed and served in accordance with Subchapter 89A (relating to preliminary provisions).

   (2)  In the case of a motion to disqualify a member of a hearing committee or special master, the motion must be filed within 15 days after the party filing the motion has been given notice of the referral of the matter to the hearing committee or special master.

   (3)  The motion shall be ruled upon by the challenged member or special master.

   (4)  An interlocutory appeal from the decision on the motion, which appeal shall be ruled upon by the Board Chairman, may be filed within five days after the decision on the motion.

CHAPTER 89.  FORMAL PROCEEDINGS

Subchapter F.  REINSTATEMENT AND RESUMPTION OF PRACTICE

§ 89.272.  Waiting Period.

*      *      *      *      *

   (b)  Premature petitions. Unless otherwise provided in an order of suspension or disbarment, the Board will not entertain a petition for reinstatement filed more than nine months prior to the expiration of the period set forth in subsection (a), or of the suspension, as the case may be. The Board will also not entertain a petition for reinstatement filed before the formerly admitted attorney has paid in full any costs taxed under § 89.209 (relating to expenses of formal proceedings) and has made any required restitution to the Lawyers Fund for Client Security under Enforcement Rule 531 (relating to restitution a condition for reinstatement).

*      *      *      *      *

§ 89.273.  Procedures for reinstatement.

*      *      *      *      *

   (b)  Attorneys suspended for less than one year. Enforcement Rule 218(f) provides that:

   (1)  Upon the expiration of any term of suspension not exceeding one year and upon the filing thereafter by the suspended attorney with the Board of a verified statement showing compliance with all the terms and conditions of the order of suspension and of Chapter 91 Subchapter E (relating to formerly admitted attorneys), the Board shall certify such fact to the Supreme Court, which shall immediately enter an order reinstating the formerly admitted attorney to active status, unless such person is subject to another outstanding order of suspension or disbarment.

   (2)  If other formal disciplinary proceedings are then pending or have been authorized against the formerly admitted attorney, paragraph (1) shall not be applicable and such person shall file a petition for reinstatement.

   (3)  A verified statement may not be filed under paragraph (1) until the formerly admitted attorney has paid in full any costs taxed under § 89.209 (relating to expenses of formal proceedings) and has made any required restitution to the Lawyers Fund for Client Security under Enforcement Rule 531 (relating to restitution a condition for reinstatement).

*      *      *      *      *

§ 89.274.  Notice of reinstatement proceedings.

   (a)  General rule. The Office of the Secretary shall forward a copy of the petition for reinstatement and Form DB-30 (Reference for Reinstatement Hearing) to:

*      *      *      *      *

   (6)  The Executive Director of the Lawyers Fund for Client Security.

§ 89.275.  Completion of questionnaire by respond- ent-attorney.

   (a)  General rule. If the petition for reinstatement does not have attached thereto a fully completed Form DB-36 (Reinstatement Questionnaire), the Office of the Secretary shall forward to the formerly admitted attorney four copies of Form DB-36 which shall require such attorney to set forth fully and accurately the following information and such other information as the Office of Disciplinary Counsel may require:

*      *      *      *      *

   (16)  An itemization of any costs taxed under § 89.209 (relating to expenses of formal proceedings) and any required restitution to the Lawyers Fund for Client Security under Enforcement Rule 531 (relating to restitution a condition for reinstatement), and a statement that all of those amounts have been paid in full.

   (17)  A concise statement of facts claimed to justify reinstatement to the bar of this Commonwealth.

*      *      *      *      *

[Pa.B. Doc. No. 96-1. Filed for public inspection January 5, 1996, 9:00 a.m.]


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