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; Order No. 81
[47 Pa.B. 3075]
[Saturday, June 3, 2017]By Order dated April 21, 2017, the Supreme Court of Pennsylvania amended Pa.R.D.E. 208(g), 215(i) and 219(l) related to taxing expenses and collecting costs. 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)(12), 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.
By the Disciplinary Board of the
Supreme Court of PennsylvaniaJULIA FRANKSTON-MORRIS, Esq.,
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 § 87.74. Discipline on consent.
* * * * * (g) Costs. Enforcement Rule 215(i) provides that [the panel of the Board in its discretion may direct that the necessary expenses incurred in the investigation and prosecution of the matter shall be paid by the respondent-attorney as a condition to the grant of the Petition; and that] all expenses taxed under this subdivision shall be paid by the attorney [before the imposition of discipline under subsection (d) or (e)] in accordance with Rule 208(g).
CHAPTER 89. FORMAL PROCEEDINGS
Subchapter D. ACTION BY BOARD AND SUPREME COURT § 89.205. Informal admonition, private reprimand or public reprimand following formal hearing.
* * * * * (b) Taxation of expenses. Enforcement Rule 208(g)(2) provides that in the event a proceeding is concluded by informal admonition, private reprimand, or public reprimand, the Board in its discretion may direct that the necessary expenses incurred in the investigation and prosecution of the proceeding shall be paid by the respondent-attorney, and that all expenses so taxed shall be paid by the respondent-attorney [on or before the date fixed for the appearance of the respondent-attorney before Disciplinary Counsel for informal admonition or the Board for private or public reprimand] within 30 days after the date of the entry of the order taxing the expenses against the respondent-attorney. The expenses taxable under this subsection shall be those prescribed by § 93.111 (relating to determination of reimbursable expenses).
(c) Notice to appear.
* * * * * (4) The [Office of the Secretary] Finance Office shall notify the respondent-attorney of the expenses of the proceeding which have been taxed pursuant to subsection (b) by means of [Form DB-41 (Notice of Taxation of Expenses)] a Notice of Taxation of Expenses, which shall state that if the respondent-attorney fails to pay the taxed expenses [on or before the date fixed for the appearance of the respondent-attorney before the Board for private or public reprimand or before Disciplinary Counsel for informal admonition] within 30 days after the date of the entry of the order taxing such expenses, action will be taken by the Board pursuant to § 93.112 (relating to failure to pay taxed expenses) which will result in the entry of an order placing the respondent-attorney on administrative suspension.
* * * * * § 89.209. Expenses of formal proceedings.
Enforcement Rule 208(g)(1) provides that the Supreme Court in its discretion may direct that the necessary expenses incurred in the investigation and prosecution of a proceeding which results in the imposition of discipline shall be paid by the respondent-attorney[, and that all]. All expenses so taxed pursuant to orders of suspension that are not stayed in their entirety or disbarment shall be paid by the respondent-attorney within 30 days after notice transmitted to the respondent-attorney of taxed expenses. In all other cases, expenses taxed under Rule 208(g)(1) shall be paid by the respondent-attorney within 30 days of entry of the order taxing the expenses against the respondent-attorney. Failure to pay such taxed expenses within 30 days after the date of the entry of the order will result in action taken by the Board pursuant to § 93.112 (relating to failure to pay taxed expenses) which will result in the entry of an order placing the respondent-attorney on administrative suspension.
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)] 208(g)(4) provides that the expenses taxable under § 89.205(b) (relating to informal admonition, private reprimand, or public reprimand following formal hearing) or § 89.209 (relating to expenses of formal proceedings) may include an administrative fee except that an administrative fee shall not be included where the discipline imposed is an informal admonition; and that the administrative fee shall be $250.
§ 93.112. Failure to pay taxed expenses.
(a) Action by Board. Enforcement Rule 219(g) and (l) provide that the Board shall:
(1) Transmit by certified mail, return receipt requested, to every attorney who fails to pay any taxed expenses [taxed pursuant to] under § 89.205(b) (relating to taxation of expenses), or § 89.209 (relating to expenses of formal proceedings), addressed to the last known address of the attorney, a notice stating:
* * * * *
[Pa.B. Doc. No. 17-917. Filed for public inspection June 2, 2017, 9:00 a.m.]
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