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PA Bulletin, Doc. No. 05-692

THE COURTS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendment of Pennsylvania Rule of Disciplinary Enforcement 209; No. 40 Disciplinary Doc. No. 1

[35 Pa.B. 2208]

Order

Per Curiam:

   And Now, this 1st day of April, 2005, it is ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, that:

   1.  Rule 209 of the Pennsylvania Rules of Disciplinary Enforcement is amended as set forth in Annex A.

   2.  This Order shall be processed in accordance with Rule 103(b) of the Pennsylvania Rules of Judicial Administration. To the extent that publication of a notice of proposed rulemaking would otherwise be required with respect to the amendments adopted by this Order, such publication is hereby found to be unnecessary because the immediate adoption of this Order is required in the interests of justice.

   3.  The amendments to the Pennsylvania Rules of Disciplinary Enforcement shall take effect upon publication of this Order in the Pennsylvania Bulletin.

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 209. Immunity.

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   (b)  Complaints against members of the Board involving alleged violations of the Disciplinary Rules or these rules shall be [submitted directly to the Supreme Court] handled in the same manner as other complaints, except that if action is required by the Board the Secretary shall notify the Supreme Court which shall appoint an Ad Hoc Disciplinary Board comprised of five former members of the Board who shall discharge the functions of the Board and have all the powers of the Board with respect to that one matter only.

   (c)  Complaints against Disciplinary Counsel involving alleged violations of the Disciplinary Rules or these rules shall be submitted directly to the Board and assigned to a reviewing member of the Board for disposition.

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[Pa.B. Doc. No. 05-692. Filed for public inspection April 15, 2005, 9:00 a.m.]


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