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PA Bulletin, Doc. No. 01-675

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendment of Rule 218 of the Pennsylvania Rules of Disciplinary Enforcement; No. 11; Disciplinary Rules Doc. No. 1

[31 Pa.B. 2108]

Order

Per Curiam:

   And Now, this 5th day of April, 2001, it is ordered, pursuant to Article V, Section 10, of the Constitution of Pennsylvania, that:

   1.  Rule 218(f) of the Pennsylvania Rules of Disciplinary Enforcement is amended 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. 218(f) shall take effect upon publication of this Order in the Pennsylvania Bulletin and shall apply to all formerly admitted attorneys seeking reinstatement after the date of such publication.

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

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   (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) shall not be applicable and such person shall file a petition for reinstatement].

*      *      *      *      *

[Pa.B. Doc. No. 01-675. Filed for public inspection April 20, 2001, 9:00 a.m.]


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