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PA Bulletin, Doc. No. 05-2192

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CHS. 83, 89 AND 93]

Amendments to the Pennsylvania Rules of Disciplinary Enforcement and to the Rules of the Board

[35 Pa.B. 6493]

   Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania is considering recommending to The Supreme Court of Pennsylvania that it amend Pennsylvania Rule of Disciplinary Enforcement 208(g) as set forth in Annex A to provide that the Board may impose an administrative fee to be paid by the respondent-attorney in cases that result in the imposition of any form of discipline more serious than an informal admonition.

   The amount of the administrative fee would be set by the rules of the Board. The Board is proposing that 204 Pa. Code § 93.111 be amended as set forth in Annex B to set the administrative fee initially at $250.

   The administrative fee would be part of the expenses of the proceeding that may be taxed against the respondent-attorney. To assist in the collection of expenses that are taxed in formal proceedings that result in public discipline, the Board is also proposing that Pa.R.D.E. 208(g) be amended to make clear that an order of the Supreme Court taxing expenses is a judgment for the amount of the expenses. A similar provision is not required in cases that result in private discipline because those proceedings are not completed and the discipline is not imposed until all taxed expenses have been paid.

   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 January 13, 2006.

By The Disciplinary Board of the Supreme Court of Pennsylvania

ELAINE M. BIXLER,   
Secretary of the Board

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 208. Procedure.

*      *      *      *      *

   (g)  Costs.

   (1)  The Supreme Court in its discretion may direct that the necessary expenses incurred in the investigation and prosecution of a proceeding which results in the imposition of discipline shall be paid by the respondent-attorney. All expenses taxed under this paragraph shall be paid by the respondent-attorney within 30 days of entry of the order taxing the expenses against the respondent-attorney. An order of the Supreme Court taxing expenses is a judgment for the amount of the ex- penses.

   (2)  In the event a proceeding is concluded by informal admonition or private reprimand, the Board in its discretion may direct that the necessary expenses incurred in the investigation and prosecution of the proceeding shall be paid by the respondent-attorney. All expenses taxed by the Board under this paragraph shall be paid by the respondent-attorney on or before the date fixed for the appearance of the respondent-attorney before Disciplinary Counsel or the Board for informal admonition or private reprimand. The expenses which shall be taxable under this paragraph shall be prescribed by Board rules.

   (3)  The expenses taxable under paragraph (1) or (2) may include an administrative fee prescribed by Board rules except that an administrative fee shall not be included where the discipline imposed is an informal admonition.

*      *      *      *      *

Annex B

Subpart C.  DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA

CHAPTER 89.  FORMAL PROCEEDINGS

Subchapter D.  ACTION BY BOARD AND
SUPREME COURT

§ 89.209. Expenses of formal proceedings.

   Enforcement Rule 208(g)(1) provides that the Supreme Court in its discretion may direct that the necessary expenses incurred in the investigation and prosecution of a proceeding which results in the imposition of discipline shall be paid by the respondent-attorney, [and] that all expenses so taxed shall be paid by the respondent-attorney within 30 days of entry of the order taxing the expenses against the respondent-attorney, and that an order of the Supreme Court taxing expenses is a judgment for the amount of the expenses.

CHAPTER 93.  ORGANIZATION AND ADMINISTRATION

Subchapter G.  FINANCIAL MATTERS

TAXATION OF COSTS

§ 93.111. Determination of reimbursable expenses.

*      *      *      *      *

   (c)  Administrative fee. Enforcement Rule 208(g)(3) provides that the expenses taxable under § 89.209 or § 89.205(b) may include an administrative fee prescribed by Board rules except that an administrative fee shall not be included where the discipline imposed is an informal admonition. The administrative fee shall be $250.

[Pa.B. Doc. No. 05-2192. Filed for public inspection December 2, 2005, 9:00 a.m.]

   


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