THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[ 204 PA. CODE CH. 83 ]

Amendment of Rules 208 and 218 of the Pennsylvania Rules of Disciplinary Enforcement; No. 170 Disciplinary Rules Doc.

[48 Pa.B. 6978]
[Saturday, November 3, 2018]

Order

Per Curiam

 And Now, this 17th day of October, 2018, upon the recommendation of the Disciplinary Board of the Supreme Court of Pennsylvania; the proposal having been published for comment in the Pennsylvania Bulletin, 47 Pa.B. 7832 (December 30, 2017):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 208 and 218 of the Pennsylvania Rules of Disciplinary Enforcement 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 B. DISCIPLINARY ENFORCEMENT

CHAPTER 83. PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT

Subchapter B. MISCONDUCT

Rule 208. Procedure.

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 (g) Costs.—

 (1) 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. All expenses taxed under this paragraph 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 this paragraph shall be paid by the respondent-attorney within 30 days of entry of the order taxing the expenses against the respondent-attorney.

 (2) 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. All expenses taxed by the Board under this paragraph shall be paid by the respondent-attorney within 30 days of entry of the order taxing the expenses against the respondent-attorney. The expenses which shall be taxable under this paragraph shall be prescribed by Board rules.

 (3) Failure to pay taxed expenses within 30 days after the date of the entry of the order taxing such expenses in cases other than a suspension that is not stayed in its entirety or disbarment will be deemed a request to be administratively suspended pursuant to Rule 219(l).

 (4) [The expenses under paragraph (1) or (2) may include an administrative fee except that an administrative fee shall not be included where the discipline imposed is an informal admonition. The administrative fee shall be $250.] In addition to the payment of any expenses under paragraph (1) or (2), the respondent-attorney shall pay upon the final order of discipline an administrative fee pursuant to the following schedule:

Informal Admonition:
$250

Private Reprimand:
$400

Public Reprimand:
$500

Public Censure:
$750

Suspension (1 year or less):
$1,000

Suspension (more than 1 year):
$1,500

Disbarment:
$2,000

Disbarment on Consent:
$1,000

Transfer to Inactive Status following
discipline
$1,000

 (i) Where a disciplinary proceeding concludes by Joint Petition for Discipline on Consent other than disbarment prior to the commencement of the hearing, the fee imposed shall be reduced by 50%.

 (ii) Where a disciplinary proceeding concludes by Joint Petition for Discipline on Consent other than disbarment subsequent to the commencement of the hearing, the Board in its discretion may reduce the fee by no more than 50%.

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Rule 218. Reinstatement.

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 (f)(1) At the time of the filing of a petition for reinstatement with the Board, a non-refundable reinstatement filing fee shall be assessed against a petitioner-attorney. The filing fee schedule is as follows:

Reinstatement from disbarment or
suspension for more than one year:
$1,000

Reinstatement from administrative
suspension (more than three years):
$500

Reinstatement from inactive/retired status
(more than three years):
$250

 (2) The Supreme Court in its discretion may direct that the necessary expenses incurred in the investigation and processing of the petition for reinstatement be paid by the petitioner-attorney. [A reinstatement fee of $300 shall be assessed against a petitioner-attorney who was administratively suspended at the time of the filing of the petition. The] After the Supreme Court Order is entered, the annual fee required by Rule 219(a) [and the reinstatement fee, if applicable,] for the current year shall be paid to the Attorney Registration Office [after the Supreme Court order is entered].

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[Pa.B. Doc. No. 18-1697. Filed for public inspection November 2, 2018, 9:00 a.m.]

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