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PA Bulletin, Doc. No. 04-2171

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendment of Rule 213 of the Pennsylvania Rules of Disciplinary Enforcement; No. 35 Disciplinary Rules; Doc. No. 1

[34 Pa.B. 6504]

Order

Per Curiam:

   And Now, this 22nd day of November, 2004, Rule 213 of the Pennsylvania Rules of Disciplinary Enforcement is amended to read as follows.

   This Order shall be processed in accordance with Rule 103(b) of the Pennsylvania Rules of Judicial Administration. 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 practicable, matters then pending.

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 213.  Subpoena power, depositions and related matters.

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   (d)  Challenges. Any attack on the validity of a subpoena issued under this rule shall be [heard and determined by] handled as follows:

   (1)  [the hearing committee or special master before whom the subpoena is returnable in the case of] A challenge to a subpoena authorized by subdivision (a)(1)[; or] shall be heard and determined by the hearing committee or special master before whom the subpoena is returnable.

   (2)  [a member of a hearing committee in the disciplinary district in which the subpoena is returnable in the case of] A challenge to a subpoena authorized by subdivision (a)(2) shall be heard and determined by a member of a hearing committee in the disciplinary district in which the subpoena is returnable.

   (3)  A determination under paragraph (1) or (2) may not be appealed to the Board, but may be appealed to the Supreme Court under subdivision (g) within ten days after service of the determination on the party bringing the appeal.

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   (g)  Enforcement of subpoenas; appeal of challenges to subpoenas.

   (1)  Either Disciplinary Counsel or a respondent-attorney may petition the Supreme Court [for the enforcement of any subpoena issued by the Prothonotary under these rules] to enforce a subpoena or to review a determination under subdivision (d)(1) or (2) on the validity of a subpoena. No attack on the validity of [such] a subpoena will be considered by the Court unless previously raised as provided in subdivision (d). See also Enforcement Rule 208(f)(5) (relating to emergency temporary suspension orders and related relief).

   Official Note:  The reference to Enforcement Rule 208(f)(5) is intended to make clear that, where the person who is resisting complying with a subpoena is the respondent-attorney, the provisions of this rule are cumulative of those in Enforcement Rule 208(f)(5).

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   (3)  A petition for review of a determination made under subdivision (d)(1) or (2) must set forth in detail the grounds for challenging the determination. Upon timely receipt of a petition for review, the Court shall issue a rule to show cause upon the party to the proceeding who is not challenging the determination, returnable within ten days, why the determination should not be reversed. If the period for response has passed without a response having been filed, or after consideration of any response, the Court shall issue an appropriate order.

[Pa.B. Doc. No. 04-2171. Filed for public inspection December 10, 2004, 9:00 a.m.]


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