THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[ 204 PA. CODE CH. 83 ]

Proposed Amendments to the Comments to Pennsylvania Rules of Disciplinary Enforcement Relating to Annual Registration of Attorneys—Status Changes

[48 Pa.B. 1270]
[Saturday, March 3, 2018]

 Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania is planning to recommend to the Supreme Court of Pennsylvania that it adopt amendments to the Pennsylvania Rules of Disciplinary Enforcement (''Pa.R.D.E.'') 219(k) relating to the administrative change in status from administrative suspension to inactive status, as set forth in Annex A.

 Pa.R.D.E. 219 governs the annual registration of attorneys. Pursuant to this rule, an attorney who fails to timely register, or who fails to comply with Continuing Legal Education obligations, will be transferred to administrative suspension. Our rules provide that an attorney who is on administrative suspension for three years or more must petition for reinstatement to the Supreme Court of Pennsylvania in order to resume active status. Where an attorney is administratively suspended for less than three years, Pa.R.D.E. 219 permits the Attorney Registration Office to administratively change the attorney's status. These status changes are contingent upon the attorney's fulfillment of certain requirements set forth in the Rule.

 Current paragraph (h) permits a clerical change in status for an attorney who has been administratively suspended for three years or less to active status as follows:

(h) An attorney who has been administratively suspended pursuant to subdivision (f) for three years or less is not eligible to file the annual fee form electronically. The procedure for reinstatement is as follows:

(1) The formerly admitted attorney shall submit to the Attorney Registration Office the form required by subdivision (d)(1) along with payment of:

(i) the current annual fee;

(ii) the annual fee that was due in the year in which the attorney was administratively suspended;

(iii) the late payment penalties required by paragraph (3);

(iv) any unpaid collection fee; and

(v) a reinstatement fee of $300.00.

 Current paragraph (k) permits a clerical change in status from administrative suspension to inactive status as follows:

(k) An inactive attorney who has been administratively suspended for failure to file the annual form and pay the annual fee required by subdivision (j)(1) of this rule, may request an administrative change in status form from the Attorney Registration Office. The form must be filed by mail or delivered in person to the Attorney Registration Office and said Office shall change the status of an attorney eligible for inactive status under this subdivision upon receipt of:

(1) the annual form required by subdivision (d);

(2) payment of the annual fee required by subdivision (j)(1);

(3) payment of all collection fees and late payment penalties assessed under subdivisions (d)(2) and (f); and

(4) payment of an administrative processing fee of $100.00.

 The requirements of paragraphs (h) and (k) are similar, except for the fee requirements. In addition to the current annual fee, late payment penalties, unpaid collection fees and a reinstatement fee, paragraph (h)(1)(ii) requires an attorney who is administratively suspended and seeks to resume active status to pay the annual fee that was due in the year in which the attorney was administratively suspended. Paragraph (k) requires an attorney to pay the annual fee, collection fees, late payment penalties and an administrative processing fee, but does not direct an administratively suspended attorney to pay the fee that was due in the year in which the attorney was administratively suspended.

 The reason for requiring an attorney to pay the annual fee that was due in the year he or she was administratively suspended is to collect an unpaid fee owed to the Board. This reason should apply to both administratively suspended attorneys seeking to resume active status and administratively suspended attorneys seeking to resume inactive status. For this reason, and for administrative ease in processing status change requests in a uniform manner, the Board proposes an amendment to paragraph (k)(3) to require that an administratively suspended attorney must pay the annual fee that was due in the year that the attorney was placed on administrative suspension.

 Interested persons are invited to submit written comments by mail or facsimile regarding the proposed amendments to the Office of the Secretary, The Disciplinary Board of the Supreme Court of Pennsylvania, 601 Commonwealth Avenue, Suite 5600, PO Box 62625, Harrisburg, PA 17106-2625, Facsimile number (717-231-3382), Email address Dboard.comments@pacourts.us on or before April 2, 2018.

By the Disciplinary Board of the
Supreme Court of Pennsylvania

JULIA FRANKSTON-MORRIS, 
Secretary

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 219. Annual registration of attorneys.

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 (k) Administrative Change in Status From Administrative Suspension to Inactive Status: An inactive attorney who has been administratively suspended for failure to file the annual form and pay the annual fee required by subdivision (j)(1) of this rule, may request an administrative change in status form from the Attorney Registration Office. The form must be filed by mail or delivered in person to the Attorney Registration Office and said Office shall change the status of an attorney eligible for inactive status under this subdivision upon receipt of:

 (1) the annual form required by subdivision (d);

 (2) payment of the annual fee required by subdivision (j)(1);

 (3) payment of the annual fee that was due in the year in which the attorney was administratively suspended;

 [(3)] (4) payment of all collection fees and late payment penalties assessed under subdivisions (d)(2) and (f); and

 [(4)] (5) payment of an administrative processing fee of $100.00.

*  *  *  *  *

[Pa.B. Doc. No. 18-325. Filed for public inspection March 2, 2018, 9:00 a.m.]

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