Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 00-336

THE COURTS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendments to the Pennsylvania Rules of Disciplinary Enforcement Relating to Reinstatement of Suspended Attorneys; Notice of Proposed Rulemaking

[30 Pa.B. 1126]

   Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania is considering recommending to the Pennsylvania Supreme Court that it amend the Pennsylvania Rules of Disciplinary Enforcement as set forth in Annex A to clarify the circumstances under which a suspended attorney may be reinstated to active status without the filing of a petition for reinstatement.

   Under Pa.R.D.E. 218(f), a formerly admitted attorney who has been suspended for a term not exceeding one year is generally able to seek readmission without going through the full process of petitioning for reinstatement. A formerly admitted attorney who has been on inactive status for three years or less may also be reinstated without filing a petition for reinstatement pursuant to Pa.R.D.E. 218(g). The current rules are unclear, however, as to whether a formerly admitted attorney may avoid filing a petition for reinstatement if the formerly admitted attorney was on inactive status before being suspended or if the formerly admitted attorney does not immediately seek reinstatement after the period of suspension is over. The Board is considering recommending that Pa.R.D.E. 218(f) be amended to make clear that the general policy that a person who has been on inactive status for more than three years must petition for reinstatement also applies in the two situations described above.

   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 April 14, 2000.

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 B.  DISCIPLINARY ENFORCEMENT

CHAPTER 83.  PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT

Subchapter B.  MISCONDUCT

Rule 218.  Reinstatement.

*      *      *      *      *

   (f)(1)  Upon the expiration of any term of suspension not exceeding one year and upon the filing thereafter by the [suspended] formerly admitted attorney with the Board of a verified statement showing compliance with all the terms and conditions of the order of suspension and of Enforcement Rule 217 (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] Paragraph (1) of this subdivision shall not be applicable and a formerly admitted attorney shall be subject instead to the other provisions of this rule requiring the filing of a petition for reinstatement, if:

   (i)  other formal disciplinary proceedings are then pending or have been authorized against the formerly admitted attorney:

   (ii)  the formerly admitted attorney has been on inactive status for more than three years; or

   (iii)  the order of suspension has been in effect for more than three years [Paragraph (1) of this subdivision shall not be applicable and such person shall file a petition for reinstatement].

*      *      *      *      *

[Pa.B. Doc. No. 00-336. Filed for public inspection February 25, 2000, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.