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PA Bulletin, Doc. No. 98-659

THE COURTS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendment of Rule 301 of the Pennsylvania Rules of Disciplinary Enforcement; No. 412; Doc. No. 3

[28 Pa.B. 2024]

Order

Per Curiam:

   And Now, this 9th day of April, 1998, it is ordered, pursuant to Article V, Section 10, of the Constitution of Pennsylvania, that:

   1.  Rule 301 of the Pennsylvania Rules of Disciplinary Enforcement is amended to read as set forth in Annex A.

   2.  This Order shall be processed in accordance with Pa.R.J.A. 103(b). The amendments to Pa.R.D.E. 301 shall take effect upon publication of this Order in the Pennsylvania Bulletin and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending.

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

Subpart B.  DISCIPLINARY ENFORCEMENT

CHAPTER 83.  PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT

Subchapter C.  DISABILITY AND RELATED MATTERS

Rule 301.  Proceedings where an attorney is declared to be [incompetent or is alleged to be] incapacitated or severely mentally disabled.

   (a)  The clerk of any court within this Commonwealth [in which] that declares that an attorney is [declared incompetent or is involuntarily committed to an institution] incapacitated or that orders involuntary treatment of an attorney on the grounds [of incompetency or disability] that the attorney is severely mentally disabled or that denies a petition for review of a certification by a mental health review officer subjecting an attorney to involuntary treatment shall within [20 days] 24 hours of such disposition transmit a certificate thereof to Disciplinary Counsel, who shall file such certificate with the Supreme Court.

   Official Note:  It is the responsibility of each local court to adopt any necessary procedures so that mental health officers and individual judges notify the clerk of the court that the respondent in a matter is an attorney and that a certificate must accordingly be sent to Disciplinary Counsel under this rule.

   (b)  Upon being advised that an attorney has been declared [incompetent] incapacitated or involuntarily committed to an institution on the grounds of [incompetency] incapacity or severe mental disability, Disciplinary Counsel shall secure and file a certificate in accordance with the provisions of subdivision (a) of this rule. If the declaration of [incompetence] incapacity or commitment occurred in another jurisdiction, it shall be the responsibility of Disciplinary Counsel to secure and file a certificate of such declaration or commitment.

   (c)  Where an attorney has been judicially declared [incompetent] incapacitated or involuntarily committed on the grounds of [incompetency] incapacity or severe mental disability, the Supreme Court, upon proper proof of the fact, shall enter an order transferring such attorney to inactive status effective immediately and for an indefinite period until the further order of the Court. A copy of such order shall be served upon such formerly admitted attorney, the guardian of such person, and/or the director of the institution to which such person has been committed in such manner as the Court may direct. Where an attorney has been transferred to inactive status by an order in accordance with the provisions of this subdivision and, thereafter, in proceedings duly taken, the person is judicially declared to be competent, the Court upon application may dispense with further evidence that the disability has been removed and may direct reinstatement to active status upon such terms as are deemed proper and advisable.

*      *      *      *      *

   (h)  [No formerly admitted attorney transferred to inactive status under the provisions of this rule may] Except as provided in subdivision (c), a disabled attorney may not resume active status until reinstated by order of the Court upon petition for reinstatement pursuant to Rule 218 (relating to reinstatement). [Any formerly admitted attorney transferred to inactive status under the provisions of this rule] A disabled attorney shall be entitled to apply for reinstatement to active status once a year or at such shorter intervals as the Court may direct in the order transferring the respondent to inactive status or any modification thereof. Such application shall be granted by the Court upon a showing by clear and convincing evidence that the formerly admitted attorney's disability has been removed and such person is fit to resume the practice of law. Upon such application, the Court may take or direct such action as it deems necessary or proper to a determination of whether the formerly admitted attorney's disability has been removed including a direction for an examination of the formerly admitted attorney by such qualified medical experts as the Court shall designate. In its discretion, the Court may direct that the expense of such an examination shall be paid by the formerly admitted attorney. [Where an attorney has been transferred to inactive status by an order in accordance with the provisions of subdivision (c) of this rule and, thereafter, in proceedings duly taken, such person has been judicially declared to be competent, the Court may dispense with further evidence that the disability has been removed and may direct reinstatement to active status upon such terms as are deemed proper and advisable.]

*      *      *      *      *

   (k)  As used in this rule, the term ''disabled attorney'' means an attorney transferred to inactive status under this rule.

   (l)  See Rule 601(a) (relating to statutes and other authorities suspended or abrogated).

[Pa.B. Doc. No. 98-659. Filed for public inspection May 1, 1998, 9:00 a.m.]


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