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PA Bulletin, Doc. No. 05-1976

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendment of Pennsylvania Rule of Disciplinary Enforcement 219; No. 45 Disciplinary Rules; Doc. No. 1

[35 Pa.B. 5954]

Order

Per Curiam:

   And Now, this 13th day of October, 2005, it is ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, that:

   1.  Pennsylvania Rule of Disciplinary Enforcement 219 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.

   3.  The amendments to Pennsylvania Rule of Disciplinary Enforcement 219 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 219.  Periodic assessment of attorneys; voluntary inactive status.

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   (g)  The Administrative Office or the Board shall certify to the Supreme Court the names of every attorney who has failed to respond to a notice issued pursuant to subdivisions (f) and (k) within the 30-day period provided therein and the Court shall immediately enter an order transferring the attorney to inactive status. A copy of any such certification from the Administrative Office to the Supreme Court shall be given to the Board. The Chief Justice may delegate the processing and entry of orders under this subdivision to the Prothonotary.

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   (i)  An attorney who has retired, is not engaged in practice or who has sold his or her practice pursuant to Rule 1.17 of the Pennsylvania Rules of Professional Conduct shall file with the Administrative Office a notice in writing that the attorney desires voluntarily to assume inactive status and discontinue the practice of law. Upon the transmission of such notice from the Administrative Office to the Supreme Court, the Court shall enter an order transferring the attorney to inactive status, and the attorney shall no longer be eligible to practice law but shall continue to file the statement required by this rule for six years thereafter in order that the formerly admitted attorney can be located in the event complaints are made about the conduct of such person while such person was engaged in practice. The formerly admitted attorney, however, will be relieved from the payment of the fee imposed by this rule upon active practitioners and Enforcement Rule 217 (relating to formerly admitted attorneys) shall not be applicable to the formerly admitted attorney unless ordered by the Court in connection with the entry of an order of suspension or disbarment under another provision of these rules. The Chief Justice may delegate the processing and entry of orders under this subdivision to the Prothonotary.

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[Pa.B. Doc. No. 05-1976. Filed for public inspection October 28, 2005, 9:00 a.m.]


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