THE COURTS
Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS
THE DISCIPLINARY BOARD OF THE
SUPREME COURT OF PENNSYLVANIA
[204 PA. CODE CHS. 85 AND 93]
Amendments to the Rules of Organization and Procedure; Order No. 51; Doc. No. R-114
[27 Pa.B. 2037] In this Order, The Disciplinary Board of the Supreme Court of Pennsylvania is adopting amendments to its Rules of Organization and Procedure relating to (i) the retention of records by the Board, (ii) the designation of the Chair and Vice Chair of the Board, and (iii) the addresses of certain offices maintained by the Board.
The Rules of the Board currently provide that the Board will maintain permanent records of all matters processed by the Board and the disposition thereof, but that the permanent retention of correspondence, transcripts, briefs and other similar documents which underlie the final disposition of a matter by the Board is not required. 204 Pa. Code § 93.54. The Rules are silent, however, as to how long correspondence, transcripts, briefs, etc. must be retained. This Order amends § 93.54 to specify that the materials that are not retained permanently will be retained for ten years. A Notice of Proposed Rulemaking regarding this change was published in the Pennsylvania Bulletin on December 28, 1996. No comments were received in response.
The Rules of the Board have been drafted to restate in full the substance of the Pennsylvania Rules of Disciplinary Enforcement. By Order dated March 4, 1997 (No. 318, Disciplinary Docket No. 3), the Supreme Court of Pennsylvania amended the Pennsylvania Rules of Disciplinary Enforcement with regard to the designation of the Chair and Vice Chair of the Board. The Board is taking this opportunity to make conforming changes to its Rules.
Finally, the Board is also taking this opportunity to update the addresses set forth in its Rules for certain of the offices maintained by the Board.
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 the 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.
(4) This order shall take effect immediately.
By the Disciplinary Board of the
Supreme Court of PennsylvaniaELAINE M. BIXLER,
Secretary
Annex A
TITLE 204. JUDICIAL SYSTEM
GENERAL PROVISIONS
PART V. PROFESSIONAL ETHICS AND CONDUCT
Subpart C. THE DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA
CHAPTER 85. GENERAL PROVISIONS § 85.5. Location of Office of Disciplinary Counsel.
(a) Chief Disciplinary Counsel. The location of the headquarters of the Office of Disciplinary Counsel and the office of the Chief Disciplinary Counsel is:
Office of Disciplinary Counsel
The Disciplinary Board of the
Supreme Court of Pennsylvania
[Suite 400
Union Trust Building]
501 Grant Street
Suite 3710
One Oxford Centre
Pittsburgh, PA 15219
[(412-565-3173)
(fax: 412-565-7620)]
(412-565-2300)
(fax: 412-565-7833)(b) Disciplinary District Offices. The present locations of the district offices of the Office of Disciplinary Counsel and the office of the Assistant Disciplinary Counsel for each such disciplinary district are:
(1) District I Office
Office of Disciplinary Counsel
The Disciplinary Board of the
Supreme Court of Pennsylvania
[2100 North American Building
121 South Broad Street]
16th Floor, Seven Penn Center
1635 Market Street
Philadelphia, PA [19107] 19103
(215-560-6296)
(fax: 215-560-4528)(2) District II Office
Office of Disciplinary Counsel
The Disciplinary Board of the
Supreme Court of Pennsylvania
[Suite 411
One Montgomery Plaza
Swede and Airy Streets
Norristown, PA 19401]
Suite 6000
One Sentry Parkway
Blue Bell, PA 19422
(610-270-1896)
(fax: 610-270-1006)* * * * *
CHAPTER 93. ORGANIZATION AND ADMINISTRATION
Subchapter B. THE DISCIPLINARY BOARD § 93.24. Officers.
(a) [Chairman] Chair and Vice Chairman] Chair. Enforcement Rule 205(a) provides that the Supreme Court shall designate the Board [Chairman] Chair and the Board Vice [Chairman from among the members of the Board who are members of the bar of this Commonwealth] Chair. In case of the vacancy in office, absence, disability or other unavailability of the Board [Chairman] Chair, the Board Vice [Chairman] Chair shall exercise the powers and perform the duties of the Board [Chairman] Chair.
* * * * * § 93.54. Powers and duties of Office of the Secretary.
The Office of the Secretary shall have the power and duty:
(1) To maintain permanent records of all matters processed by the Board and the disposition thereof. 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. Correspondence, transcripts, briefs and other similar documents which underlie the final disposition of a matter by the Board shall be retained for ten years following such disposition.
* * * * *
[Pa.B. Doc. No. 97-631. Filed for public inspection April 25, 1997, 9:00 a.m.]
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