THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CHS. 85, 91 AND 93]

Amendments to Rules of Organization and Procedure of The Disciplinary Board of the Supreme Court of Pennsylvania; Order No. 66

[36 Pa.B. 7233]
[Saturday, December 2, 2006]

   The Rules of Organization and Procedure of the Board have been drafted to restate in full the substance of the Pennsylvania Rules of Disciplinary Enforcement. By Orders dated March 21, 2006, March 28, 2006, and June 28, 2006, the Supreme Court of Pennsylvania amended Pa.R.D.E. 203(b), 204(a), 208(g) and 214(g). By this Order, the Board is making conforming changes to its Rules to reflect the adoption of those amendments.

   The Disciplinary Board of the Supreme Court of Pennsylvania finds that:

   (1)  To the extent that 42 Pa.C.S. § 1702 (relating to rule making procedures) and Article II of the act of July 31, 1968 (P. L. 769, No. 240), known as the Commonwealth Documents Law, would otherwise require notice of proposed rulemaking with respect to the amendments adopted hereby, those proposed rulemaking procedures are inapplicable because the amendments adopted hereby relate to agency procedure and are perfunctory in nature.

   (2)  The amendments to the Rules of Organization and Procedure of the Board adopted hereby are not inconsistent with the Pennsylvania Rules of Disciplinary Enforcement and are necessary and appropriate for the administration of the affairs of the Board.

   The Board, acting pursuant to Pa.R.D.E. 205(c)(10), orders:

   (1)  Title 204 of the Pennsylvania Code is hereby amended as set forth in Annex A hereto.

   (2)  The Secretary of the Board shall duly certify this Order, and deposit the same with the Administrative Office of Pennsylvania Courts as required by Pa.R.J.A. 103(c).

   (3)  The amendments adopted hereby shall take effect upon publication in the Pennsylvania Bulletin.

   (4)  This Order shall take effect immediately.

By The Disciplinary Board of the
Supreme Court of Pennsylvania

ELAINE M. BIXLER,   
Secretary

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 85.  GENERAL PROVISIONS

§ 85.7.  Grounds for discipline.

*      *      *      *      *

   (b)  Enforcement Rule 203(b) provides that the following shall also be grounds for discipline:

*      *      *      *      *

   (6)  Making a material misrepresentation of fact or deliberately failing to disclose a material fact in connection with an application submitted under the Pennsylvania Bar Admission Rules.

*      *      *      *      *

§ 85.8.  Types of discipline.

   (a)  General rule. Enforcement Rule 204(a) provides that misconduct shall be grounds for any of the following:

*      *      *      *      *

   (7)  Revocation of an attorney's admission or license to practice law in the circumstances provided in § 85.7(b)(6) (relating to grounds for discipline).

*      *      *      *      *

CHAPTER 91.  MISCELLANEOUS MATTERS

Subchapter B.  ATTORNEYS CONVICTED OF CRIMES

§ 91.36.  Proceedings upon conviction of other crimes.

   (a)  Enforcement Rule 214(g) provides that upon receipt of a certificate of a conviction of any attorney for a crime other than a serious crime, the Court shall take such action as it deems warranted[, including reference to the Board for the institution of a formal proceeding in the appropriate disciplinary district]; and that the Court may in its discretion [make no reference] take no action with respect to convictions for minor offenses.

   (b)  The Official Note to Enforcement Rule 214(g) provides that the actions the Court may take under subsection (a) include reference of the matter to the Office of Disciplinary Counsel for investigation and possible commencement of either a formal or informal proceeding, or reference of the matter to the Board with direction that it institute a formal proceeding.

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 § 89.205(b) (relating to informal admonition or private reprimand following formal hearing) or § 89.209 (relating to expenses of formal proceedings) may include an administrative fee except thatan administrative fee shall not be included where the discipline imposed is an informal admonition; and that the administrative fee shall be $250.

[Pa.B. Doc. No. 06-2327. Filed for public inspection December 1, 2006, 9:00 a.m.]

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