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PA Bulletin, Doc. No. 05-2193

THE COURTS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CHS. 91 AND 93]

Amendments to the Rules of Organization and Procedure of the Board Relating to the Procedure for Challenging Subpoenas

[35 Pa.B. 6494]

   Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania is considering amending its Rules of Organization and Procedure as set forth in Annex A to specify the time periods within which challenges to subpoenas are to be handled.

   Section 91.3 of the rules of the Board designates the person who is to hear a challenge to a subpoena, but does not provide any time limits for the filing or service of motions and answers, or the scheduling of a hearing. The Board believes that its procedures could be improved if those issues were addressed in its rules as set forth in Annex A.

   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 C.  DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA

CHAPTER 91.  MISCELLANEOUS MATTERS

Subchapter A.  SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS

IN GENERAL

§ 91.3. Determination of validity of subpoena.

   (a)  In general. Enforcement Rule 213(d) provides that any attack on the validity of a subpoena issued under these rules shall be handled as follows:

*      *      *      *      *

   (b)  Procedure.

   (1)  A motion attacking a subpoena must be filed with the Office of the Secretary within ten business days after service of the subpoena. A copy of the motion must be served on the other party to the investigation or proceeding.

   (2)  Any answer to the motion must be filed with the Office of the Secretary within ten business days after service of the motion on the other party under paragraph (1).

   (3)  The Office of the Secretary must transmit the motion and any answer to the person designated in subsection (a)(1) or (2) to hear the motion, who must schedule a hearing on the motion within ten business days after the date by which an answer must be filed. A report with findings of fact and conclusions of law must be filed with the Office of the Secretary within ten business days after the conclusion of the hearing.

CHAPTER 93. ORGANIZATION AND ADMINISTRATION

Subchapter B. THE DISCIPLINARY BOARD

§ 93.23. Powers and duties.

   (a)  General rule. Enforcement Rule 205(c) provides that the Board shall have the power and duty:

*      *      *      *      *

   (7)  To assign periodically, through its Secretary, senior or experienced hearing committee members within each disciplinary district to:

*      *      *      *      *

   (ii)  hear and determine attacks on the validity of subpoenas issued pursuant to § 91.2 (relating to subpoenas and investigations), as provided in § [91.3(2)] 91.3(a)(2) (relating to determination of validity of subpoena); or

*      *      *      *      *

[Pa.B. Doc. No. 05-2193. Filed for public inspection December 2, 2005, 9:00 a.m.]


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