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PA Bulletin, Doc. No. 96-665

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 Disciplinary Board of the Supreme Court of Pennsylvania; Doc. R-108

[26 Pa.B. 1984]

Order No. 48

Adopting Amendments to the Rules and Procedures of the Board relating to Recusal and Reinstatement

   In this Order, The Disciplinary Board of the Supreme Court of Pennsylvania is adopting amendments to its Rules of Organization and Procedure relating to the procedures for (i) recusal of members of the Board or a hearing committee or a special master and (ii) reinstatement of formerly admitted attorneys.

   Pa.R.D.E. 220 provides for the recusal of members of the Board or hearing committees or special masters under certain circumstances. The amendment to 204 Pa. Code § 85.11 being adopted by this Order establishes the procedures to be followed when such a motion is made.

   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. This Order is accordingly amending several provisions of the Rules of the Board to provide expressly that reinstatement may not be sought until all taxed costs have been paid and reimbursement has been made.

   A Notice of Proposed Rulemaking regarding the changes being adopted by this Order was published in the Pennsylvania Bulletin on January 22, 1996. No comments were received in response.

   The Disciplinary Board of the Supreme Court of Pennsylvania hereby finds that the amendments to the Rules of Organization and Procedure of the Board adopted hereby are not inconsistent with the Pennsylvania Rules of Disciplinary Enforcement and are necessary and appropriate for the administration of the affairs of the Board.

   The Board, acting pursuant to Rule 205(c)(10) of the Pennsylvania Rules of Disciplinary Enforcement, orders:

   (1)  Title 204 of the Pennsylvania Code is hereby amended as set forth in Annex A hereto.

   (2)  The Secretary of the Board shall duly certify this Order, and deposit the same with Administrative Office of Pennsylvania Courts as required by Pa.R.J.A. 103(c).

   (3)  The amendments adopted hereby shall take effect upon publication in the Pennsylvania Bulletin and shall apply to all disciplinary proceedings thereafter commenced and, insofar as just and practical, to proceedings pending at the time.

   (4)  This order shall take effect immediately.

By The Disciplinary Board of the Supreme Court of Pennsylvania

ELAINE 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.

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   (b)  Procedure for recusal. 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 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

REINSTATEMENT OF FORMERLY ADMITTED ATTORNEYS

§ 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:
 

*      *      *      *      *

   (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 respondent-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. 96-665. Filed for public inspection April 26, 1996, 9:00 a.m.]


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