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PA Bulletin, Doc. No. 02-1820

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 89]

Amendments to Rules of Organization and Procedure of the Disciplinary Board of the Supreme Court of Pennsylvania; Order No. 57; Doc. No. R-132

[32 Pa.B. 5175]

   The current Rules of Organization and Procedure 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 has concluded that the hearing process would be improved if a prehearing conference were always required. This Order accordingly amends the rules of the Board to require the scheduling in all cases of a prehearing conference to be held not less than 30 days before a hearing. A Notice of Proposed Rulemaking regarding the amendments adopted by this Order was published in the Pennsylvania Bulletin. No comments were received in response.

   The Disciplinary Board of the Supreme Court of Pennsylvania hereby finds that the amendments to the Rules of Organization and Procedure of the Board adopted hereby are not inconsistent with the Pennsylvania Rules of Disciplinary Enforcement and are necessary and appropriate for the administration of the affairs of the Board.

   The Board, acting pursuant to Pa.R.D.E. 205(c)(10), orders:

   (1)  Title 204 of the Pennsylvania Code is hereby amended as set forth in Annex A hereto.

   (2)  The Secretary of the Board shall duly certify this Order, and deposit the same with the Administrative Office of Pennsylvania Courts as required by Pa.R.J.A. 103(c).

   (3)  The amendments adopted hereby shall take effect upon publication in the Pennsylvania Bulletin and shall govern all matters thereafter commenced and, insofar as just and practical, matters then pending.

   (4)  This Order shall take effect immediately.

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 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 recommendation 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 notice to other tribunals).

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. 02-1820. Filed for public inspection October 18, 2002, 9:00 a.m.]


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