THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[ 204 PA. CODE CH. 83 ]

Amendments to the Rules of Disciplinary Enforcement Relating to Discipline on Consent

[40 Pa.B. 6387]
[Saturday, November 6, 2010]

 Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania is considering recommending to the Pennsylvania Supreme Court that the Court amend subsection (c) of Pennsylvania Rule of Disciplinary Enforcement 215 as set forth in Annex A.

 Prior to October 2005, the resignation statement required by Rule 215 was, with limited exception as enumerated in subsection (c) of the Rule, confidential and could not be publicly disclosed. The only public record of the respondent-attorney's resignation from the bar was the Court's order disbarring the respondent-attorney on consent.

 By Order dated October 26, 2005, the Court made extensive changes to the Enforcement Rules to give the public greater access to disciplinary information. The Court amended Rule 402 to provide that all disciplinary proceedings be open to the public after the filing of an answer to a petition for discipline or the time to file an answer has expired without an answer being filed, and simultaneously amended subsection (c) of Rule 215 to provide that the resignation statement would be confidential only if the statement were submitted before the filing of an answer to a petition for discipline or the time to file an answer has expired.

 The current proposal provides additional transparency by making a resignation statement a public record upon entry of the Court's order disbarring the respondent-attorney on consent, regardless of the timing of the submission of the statement.

 New Rule 215(c) would have prospective effect, in that the new rule would apply only to resignation statements submitted to the Board and the Court on or after the effective date of the new rule.

 Interested persons are invited to submit written comments by mail or facsimile regarding the proposed amendments to the Office of the Secretary, The Disciplinary Board of the Supreme Court of Pennsylvania, 601 Commonwealth Avenue, Suite 5600, PO Box 62625, Harrisburg, PA 17106-2625, Facsimile number (717-231-3382) on or before December 10, 2010.

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 B. DISCIPLINARY ENFORCEMENT

CHAPTER 83. PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT

Subchapter B. MISCONDUCT

Rule 215. Discipline on consent.

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 (c) [Confidentiality of resignation statement. The order disbarring the attorney on consent shall be a matter of public record. If the statement required under the provisions of subdivision (a) of this rule is submitted before the filing and service of a petition for discipline and the filing of an answer or the time to file an answer has expired, the statement shall not be publicly disclosed or made available for use in any proceeding other than a subsequent reinstatement proceeding except:

 (1) upon order of the Supreme Court,

 (2) pursuant to an express written waiver by the attorney,

 (3) upon a request of another jurisdiction for purposes of a reciprocal disciplinary proceeding,

 (4) upon a request by the Pennsylvania Lawyers Fund for Client Security Board pursuant to Enforcement Rule 521(a) (relating to cooperation with Disciplinary Board), or

 (5) when the resignation is based on an order of temporary suspension from the practice of law entered by the Court either pursuant to Enforcement Rule 208(f)(1) (relating to emergency temporary suspension orders and related relief) or pursuant to Enforcement Rule 214 (relating to attorneys convicted of crimes).] Resignation statement. Upon entry of the order disbarring the attorney on consent, both the order and the resignation statement shall be a matter of public record.

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[Pa.B. Doc. No. 10-2094. Filed for public inspection November 5, 2010, 9:00 a.m.]

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