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PA Bulletin, Doc. No. 01-1951

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 85]

Amendments to the Rules of Organization and Procedure of the Board Relating to the Time for Submission of Complaints

[31 Pa.B. 6031]

   Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania is considering amending its Rules of Organization and Procedure as set forth in Annex A to eliminate in certain circumstances the current time limitation on complaints against respondent-attorneys alleging ineffective assistance of counsel or prosecutorial misconduct.

   The Rules of the Board currently provide that complaints against respondent-attorneys involving alleged misconduct occurring more than four years before the date of the complaint will generally not be considered. See 204 Pa. Code § 85.10. The Board believes that it may take more than four years for some cases of ineffective assistance of counsel or prosecutorial misconduct to come to the attention of the Board. Thus the Board is proposing to amend Section 85.10 of its rules to provide that the generally applicable four year period within which complaints must be submitted will be tolled while there is litigation pending that results in a finding of ineffective assistance of counsel or prosecutorial misconduct.

   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 November 21, 2001.

ELAINE M. BIXLER,   
Executive Director and Secretary
The Disciplinary Board of the
Supreme Court of Pennsylvania

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCTS

Subpart C.  DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA

CHAPTER 85.  GENERAL PROVISIONS

§ 85.10.  Stale matters.

*      *      *      *      *

   (b)  Exceptions. The four year limitation in subsection (a) shall:

*      *      *      *      *

   (2) Be tolled during any period when there has been litigation pending that has resulted in a finding that the subject acts or omissions involved civil fraud, ineffective assistance of counsel or prosecutorial misconduct by the respondent-attorney.

[Pa.B. Doc. No. 01-1951. Filed for public inspection November 2, 2001, 9:00 a.m.]


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