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PA Bulletin, Doc. No. 17-1296

THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[ 204 PA. CODE CH. 87 ]

Amendments to Rules of Organization and Procedure of the Disciplinary Board of the Supreme Court of Pennsylvania; Order No. 82

[47 Pa.B. 4519]
[Saturday, August 5, 2017]

 By this Order, the Disciplinary Board of the Supreme Court of Pennsylvania is amending its Rules of Organization and Procedure to modify Rule 87.2 and 87.3 to permit the filing of complaints in electronic form.

 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 30 days after publication in the Pennsylvania Bulletin.

By the Disciplinary Board of the
Supreme Court of Pennsylvania

JULIA M. FRANKSTON-MORRIS, 
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 A. PRELIMINARY PROVISIONS

COMPLAINTS

§ 87.2. [Contents] Manner of filing, form, and contents of complaint.

 [Each complaint relating to alleged misconduct of an attorney shall be in writing and signed by the complainant and shall contain a brief statement of the facts upon which the complaint is based. Verification of the complaint shall not be required. If necessary the Office of Disciplinary Counsel will assist the complainant in reducing the grievance to writing.]

 Any person who alleges misconduct against an attorney may file a complaint, which may be in either paper or electronic form.

 (a) A written complaint may be in the form of a letter or other appropriate writing, or submitted on an official complaint form (Form DB-2). Complaints in paper form may be filed by mail, facsimile transmission, or delivery in person to the location identified in § 85.5(a) (relating to location of the Office of the Chief Disciplinary Counsel) or one of the locations identified in § 85.5(b) (relating to the locations of the Disciplinary District Offices).

 (b) The filing of complaints electronically shall be conducted only through electronic means approved by the Board. Instructions for electronic filing and protocols shall be available on the Disciplinary Board's website.

 (c) A complaint shall be signed by the complainant and shall contain a statement of the facts upon which the complaint is based. Submission of a complaint through electronic means signifies intent to sign. Verification of the complaint shall not be required. If necessary the Office of Disciplinary Counsel will assist the complainant in reducing the grievance to writing.

§ 87.3. Distribution of complaint forms.

 The Office of Disciplinary Counsel shall [furnish blank complaint forms (Form DB-2) (Complaint Against Attorney) to] provide each person who alleges misconduct against an attorney with a blank paper complaint form, or direct such person to the electronic form. [Such blank forms may also be made available to the public through the office of the prothonotary or clerk of each court of common pleas and through such other offices and agencies designated by the Board as agree to distribute such forms.]

§ 87.5. Transmission to disciplinary district office for investigation.

 Enforcement Rule 208(a)(1) provides that all investigations, whether upon complaint or otherwise, shall be initiated and conducted by Disciplinary Counsel. The complaint shall be transmitted [by means of Form DB-1 (Complaint Referrals)] to the district office of the Office of Disciplinary Counsel for the appropriate district as determined by § 93.2 (relating to venue).

[Pa.B. Doc. No. 17-1296. Filed for public inspection August 4, 2017, 9:00 a.m.]


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