THE COURTS
Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS
PART V. PROFESSIONAL ETHICS AND CONDUCT
[204 PA. CODE CHS. 85 AND 91]
Amendments to Rules of Organization and Procedure of the Disciplinary Board of the Supreme Court of Pennsylvania; Order No. 60; Doc. No. R-138
[34 Pa.B. 5013] The Rules of Organization and Procedure of the Board have been drafted to restate in full the substance of the Pennsylvania Rules of Disciplinary Enforcement. By an Order dated March 5, 2004, the Supreme Court of Pennsylvania amended Pa.R.D.E. 208(f)(4) and 214(d)(4) and by an Order dated April 30, 2004, the Supreme Court of Pennsylvania amended Pa.R.D.E. 201 and 216. By this Order, the Board is making conforming changes to its Rules to reflect the adoption of those amendments.
The Disciplinary Board of the Supreme Court of Pennsylvania finds that:
(1) To the extent that 42 Pa.C.S. § 1702 (relating to rule making procedures) and Article II of the act of July 31, 1968 (P. L. 769, No. 240), known as the Commonwealth Documents Law, would otherwise require notice of proposed rulemaking with respect to the amendments adopted hereby, such proposed rulemaking procedures are inapplicable because the amendments adopted hereby relate to agency procedure and are perfunctory in nature.
(2) 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.
(4) This Order shall take effect immediately.
By The Disciplinary Board of the
Supreme Court of PennsylvaniaELAINE 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 85. GENERAL PROVISIONS § 85.3. Jurisdiction.
(a) General rule. Enforcement Rule 201(a) provides that the exclusive disciplinary jurisdiction of the Supreme Court and the Board under the Enforcement Rules extends to:
* * * * * (6) Any attorney not admitted in this Commonwealth who practices law or renders or offers to render any legal service in this Commonwealth.
* * * * *
CHAPTER 91. MISCELLANEOUS MATTERS
Subchapter B. ATTORNEYS CONVICTED OF CRIMES § 91.34. Temporary suspension upon conviction of serious crime.
* * * * * (e) Dissolution or modification of temporary suspension. Enforcement Rule 214(d)(4) provides that:
* * * * * (2) a copy of the petition shall be served upon Disciplinary Counsel and the Secretary of the Board (see § 89.27 (relating to service upon Disciplinary Counsel));
(3) a hearing on the petition before a member of the Board designated by the Chair of the Board shall be held within ten business days [before a member of the Board designated by the Chairman of the Board] after service of the petition on the Secretary of the Board;
(4) the designated Board member shall hear the petition and submit a transcript of the hearing and a recommendation to the Court within five business days after the conclusion of the hearing; and
* * * * *
Subchapter C. RECIPROCAL DISCIPLINE § 91.51. Reciprocal discipline.
Enforcement Rule 216 provides as follows:
* * * * * (3) Upon the expiration of 30 days from service of the Form DB-19, the Supreme Court may impose the identical or comparable discipline unless Disciplinary [counsel] Counsel or the respondent-attorney demonstrates, or the Court finds that upon the face of the record upon which the discipline is predicated it clearly appears:
* * * * * (ii) there was such an infirmity of proof establishing the misconduct as to give rise to the clear conviction that the Court could not consistently with its duty accept as final the conclusion on that subject; or
(iii) that the imposition of the same or comparable discipline would result in grave injustice[; or] , or be offensive to the public policy of this Commonwealth.
[(iv) that the misconduct established has been held to warrant substantially different discipline in this Commonwealth.]
Where the Court determines that any of said elements exist, the Court shall enter such other order as it deems appropriate.
(4) In all other respects, a final adjudication in another jurisdiction that an attorney, whether or not admitted in that jurisdiction, has been guilty of misconduct shall establish conclusively the misconduct for the purposes of a disciplinary proceeding in [this] the Commonwealth.
* * * * *
Subchapter G. EMERGENCY PROCEEDINGS § 91.151. Emergency temporary suspension orders and related relief.
* * * * * (d) Dissolution or amendment. Enforcement Rule 208(f)(4) provides that:
* * * * * (2) a copy of the petition shall be served upon Disciplinary Counsel and the Secretary of the Board (see § 89.27 (relating to service upon Disciplinary Counsel));
(3) a hearing on the petition before a member of the Board designated by the Chair of the Board shall be held within ten business days [before a member of the Board designated by the Chairman of the Board] after service of the petition on the Secretary of the Board;
(4) the designated Board member shall hear the petition and submit a transcript of the hearing and a recommendation to the Court within five business days after the conclusion of the hearing; and
* * * * *
[Pa.B. Doc. No. 04-1681. Filed for public inspection September 10, 2004, 9:00 a.m.]
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