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PA Bulletin, Doc. No. 16-2242

THE COURTS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[ 204 PA. CODE CH. 81 ]

Amendment of Rules 3.5 and 8.2 of the Rules of Professional Conduct; No. 148 Disciplinary Rules Doc.

[46 Pa.B. 8011]
[Saturday, December 24, 2016]

Order

Per Curiam

 And Now, this 5th day of December, 2016, upon the recommendation of the Disciplinary Board of the Supreme Court of Pennsylvania; the proposal to amend Pa.R.P.C. 3.5 and 8.2 having been published for comment in the Pennsylvania Bulletin, 46 Pa.B. 4820 (August 6, 2016):

 It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 3.5 and 8.2 of the Rules of Professional Conduct are amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective in 30 days.

Annex A

TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

Subpart A. PROFESSIONAL RESPONSIBILITY

CHAPTER 81. RULES OF PROFESSIONAL CONDUCT

Subchapter A. RULES OF PROFESSIONAL CONDUCT

§ 81.4. Rules of Professional Conduct.

 The following are the Rules of Professional Conduct:

ADVOCATE

Rule 3.5. Impartiality and Decorum of the Tribunal.

 A lawyer shall not:

 (a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law;

 (b) communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order;

 (c) communicate with a juror or prospective juror after discharge of the jury if:

 (1) the communication is prohibited by law or court order;

 (2) the juror has made known to the lawyer a desire not to communicate; or

 (3) the communication involves misrepresentation, coercion, duress [of] or harassment; or

 (d) engage in conduct intended to disrupt a tribunal.

Comment:

 (1) Many forms of improper influence upon a tribunal are proscribed by criminal law. Others are specified in the [ABA Model] Code of Judicial Conduct and/or the Rules Governing Standards of Conduct for Magisterial District Judges, with which an advocate should be familiar. A lawyer is required to avoid contributing to a violation of such provisions.

*  *  *  *  *

MAINTAINING THE INTEGRITY OF THE PROFESSION

Rule 8.2. Statements Concerning Judges and Other Adjudicatory Officers.

 (a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

 (b) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct and/or the Rules Governing Standards of Conduct for Magisterial District Judges, as applicable.

*  *  *  *  *

[Pa.B. Doc. No. 16-2242. Filed for public inspection December 23, 2016, 9:00 a.m.]


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