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. 03-211

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendments to the Pennsylvania Rules of Disciplinary Enforcement Relating to Cooperation by Respondent-Attorneys in Disciplinary Proceedings

[33 Pa.B. 744]

   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 specify the obligation of respondent-attorneys to respond to allegations of professional misconduct in disciplinary proceedings.

   Most jurisdictions, including Pennsylvania, have adopted a form of the Model Rules of Professional Conduct. In every one of those jurisdictions except Pennsylvania there is either a Rule of Professional Conduct that requires cooperation with the disciplinary authorities or a procedural rule that requires responses to inquiries from the disciplinary authorities. The Board is considering recommending that the Supreme Court amend the Enforcement Rules to add those requirements.

   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 March 18, 2003.

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 B.  DISCIPLINARY ENFORCEMENT

CHAPTER 83.  PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT

Subchapter B.  MISCONDUCT

Rule 203.  Grounds for discipline.

*      *      *      *      *

   (b)  The following shall also be grounds for discipline:

*      *      *      *      *

   (4)  Failure by a respondent-attorney without good cause to comply with any order under the Enforcement Rules of the Supreme Court, the Board, a hearing committee or special master.

*      *      *      *      *

Rule 207.  Disciplinary counsel.

*      *      *      *      *

   (b)  Disciplinary Counsel shall have the power and duty:

*      *      *      *      *

   (2)  To dispose of all matters (subject to review by a member of a hearing committee) involving alleged misconduct by dismissal, informal admonition, recommendation for private reprimand or the prosecution of formal charges before a hearing committee or special master. Except in matters requiring dismissal because the complaint is frivolous or falls outside the jurisdiction of the Board, no disposition shall be recommended or undertaken by Disciplinary Counsel until the accused attorney [shall have been afforded the opportunity to state a position with respect to the allegations against the attorney] has been notified of the allegations and the time for response under Enforcement Rule 208(b) (relating to formal hearing), if applicable, has expired.

*      *      *      *      *

Rule 208.  Procedure.

*      *      *      *      *

   (b)  Formal hearing. Formal disciplinary proceedings before a hearing committee or special master shall be as follows:

*      *      *      *      *

   (2)  A copy of the petition containing a notice to plead shall be personally served upon the respondent-attorney.

   (3)  Within 20 days after such service, the respondent-attorney shall serve an answer upon Disciplinary Counsel and file the original thereof with the Board. [In the event the respondent-attorney fails to file an answer, the charges shall be deemed at issue.] Any factual allegation or disciplinary charge that is not timely answered shall be deemed admitted.

   (4)  Following the service of the answer, if there are any issues raised by the pleadings or if the respondent-attorney requests the opportunity to be heard in mitigation, the matter shall be assigned to a hearing committee or a special master. At any hearing in which the allegations of the complaint have been deemed admitted, absent good cause shown, the parties shall be limited to presenting evidence of aggravating and mitigating factors and arguments regarding the discipline to be imposed.

*      *      *      *      *

[Pa.B. Doc. No. 03-211. Filed for public inspection February 7, 2003, 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.