THE COURTS
Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS
PART V. PROFESSIONAL ETHICS AND CONDUCT
[ 204 PA. CODE CHS. 87, 89 AND 93 ]
Amendments to Rules of Organization and Procedure of The Disciplinary Board of The Supreme Court of Pennsylvania
[40 Pa.B. 700]
[Saturday, February 6, 2010]
Order No. 71 By Order dated January 6, 2010, the Supreme Court of Pennsylvania amended Pa.R.D.E. 205(a) to reduce the number of lawyer members of the Disciplinary Board to eleven. By this Order, the Board is making conforming changes to its Rules to reflect the adoption of this amendment. In light of this change, the Board is also reducing the number of copies of certain pleadings required to be filed with the Board.
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.
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 87. INVESTIGATIONS AND INFORMAL PROCEEDINGS
Subchapter D. ABATEMENT OF INVESTIGATION § 87.72. Matters involving related pending civil or criminal litigation.
* * * * * (b) Procedure. [Twelve] An original and three conformed copies of an application for deferment of action under subsection (a) of this section shall be filed in the Office of the Secretary with proof of service on the Office of Disciplinary Counsel. The Office of Disciplinary Counsel may file and serve a written response thereto within 20 days thereafter.
* * * * *
CHAPTER 89. FORMAL PROCEEDINGS
Subchapter D. ACTION BY BOARD AND SUPREME COURT § 89.202. Content and form of briefs on exceptions.
* * * * * (d) Copies. [Eighteen] Fourteen copies of each brief shall be filed with the Office of the Secretary in addition to the copies served on the participants in the proceedings.
CHAPTER 93. ORGANIZATION AND ADMINISTRATION
Subchapter B. THE DISCIPLINARY BOARD § 93.21. The Disciplinary Board.
Enforcement Rule 205(a) and (b) provide that the Supreme Court shall appoint a board to be known as ''The Disciplinary Board of the Supreme Court of Pennsylvania'' which shall be composed of [12] 11 members of the bar of this Commonwealth and two non-lawyer electors; that the regular terms of members of the Board shall be for three years; that no member shall serve for more than two consecutive three-year terms.
[Pa.B. Doc. No. 10-216. Filed for public inspection February 5, 2010, 9:00 a.m.]
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