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PA Bulletin, Doc. No. 02-375

THE COURTS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 89]

Amendments to the Rules of Organization and Procedure of the Board Relating to Prehearing Conferences

[32 Pa.B. 1302]

   Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania is considering amend-ing its Rules of Organization and Procedure as set forth in Annex A to require the holding of a prehearing conference in all proceedings before a hearing committee or special master.

   The rules of the Board provide for the holding of optional conferences either before or during a hearing, but do not require a prehearing conference in all cases. 204 Pa. Code § 89.71. The Board believes that the hearing process could be improved if a prehearing conference were always required. The Board is accordingly proposing to amend its rules to require the scheduling in all cases of a prehearing conference to be held not less than 30 days before a hearing.

   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 15, 2002.

By The Disciplinary Board of the Supreme Court of Pennsylvania

ELAINE M. BIXLER,   
Executive Director and Secretary

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

Subpart C.  DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA

CHAPTER 89.  FORMAL PROCEEDINGS

Subchapter B.  INSTITUTION OF PROCEEDINGS

§ 89.57.  Scheduling of hearing and prehearing conference.

   The date, time and place of hearing on a petition for discipline shall be scheduled by the Office of the Secretary after consultation with and consideration of any recommendations by the members of the hearing committee or special master, the Office of Disciplinary Counsel, and, if available, the respondent-attorney. The date fixed for the hearing shall not be later than [60] 90 days after the file is transmitted to a hearing committee or special master under § 89.56 (relating to assignment for hearing), unless an extension has been granted by the Board Chairman at the request of any party. At the time that the hearing is scheduled, the Office of the Secretary shall also schedule a prehearing conference for a date not less than 30 days before the scheduled date of the hearing.

§ 89.58.  Notice of hearing and prehearing conference.

   The Office of the Secretary shall serve or cause to be served notice of the hearing and prehearing conference required by § 89.57 (relating to scheduling of hearing and prehearing conference) by means of Form DB-34 (Notice of Hearing and Prehearing Conference) upon the respondent-attorney, at least seven days in advance of the date fixed for the [hearing] prehearing conference. The notice shall indicate the [date, time and place] dates, times and places of the prehearing conference and the hearing and shall state that the respondent-attorney is entitled to be represented by counsel, to cross-examine witnesses and to present evidence in the respondent-attorney's own behalf. A copy of the notice [of hearing] shall at the same time be transmitted to staff counsel. See § 89.7(b) (relating to continuances).

Subchapter C.  HEARING PROCEDURES

PREHEARING CONFERENCES

§ 89.72.  Subjects which may be considered at conferences to expedite hearings.

   At [any] the prehearing [or] conference required by § 89.57 (relating to scheduling of hearing and prehearing conference) and any other conferences which may be held to expedite the orderly conduct and disposition of any hearing, there may be considered, in addition to any offers of settlement permitted under § 89.71 (relating to conferences to expedite proceedings), the possibility of the following:

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[Pa.B. Doc. No. 02-375. Filed for public inspection March 8, 2002, 9:00 a.m.]


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