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PA Bulletin, Doc. No. 97-1296

THE COURTS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendment to the Pennsylvania Rules of Disciplinary Enforcement Relating to the Continued Practice of Law by Formerly Admitted Attorneys; Notice of Proposed Rulemaking

[27 Pa.B. 4092]

   Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania is considering recommending to the Supreme Court of Pennsylvania that it amend the Pennsylvania Rules of Disciplinary Enforcement, to read as set forth in Annex A, to provide a procedure under which a formerly admitted attorney who continues to practice law may be held in contempt.

   The Rules of Disciplinary Enforcement provide that Disciplinary Counsel may bring an action in any court of competent jurisdiction for an injunction or other relief whenever Disciplinary Counsel has probable cause to believe that a formerly admitted attorney is continuing to practice law or has failed to comply with the provisions of the Rules designed to protect clients when an attorney ceases to practice. Pa.R.D.E. 218(j). The Rules do not provide any details, however, on the procedure to be followed when Disciplinary Counsel seeks such relief. The Board is considering recommending an abbreviated procedure in those cases patterned after the procedures for seeking temporary suspensions in Pa.R.D.E. 208(f) and 214(d).

   Interested persons are invited to submit written comments regarding the proposed amendment to the Office of the Secretary, The Disciplinary Board of the Supreme Court of Pennsylvania, First Floor, Two Lemoyne Drive, Lemoyne, PA 17043, on or before September 15, 1997.

By The Disciplinary Board of the Supreme Court of Pennsylvania

ELAINE BIXLER,   
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 217.  Formerly admitted attorneys.

*      *      *      *      *

   (j)  Disciplinary Counsel may bring an action in any court of competent jurisdiction for such injunctive and other relief as may be appropriate, including without limitation filing a petition for contempt with the Supreme Court under subdivision (k), if Disciplinary Counsel has probable cause to believe that a formerly admitted attorney:

   (1)  has failed to comply with this rule or Rule 218(a) (relating to reinstatement), or,

   (2)  is otherwise continuing to practice law.

   (k)  The procedure for filing a petition for contempt with the Supreme Court shall be as follows:

   (1)  Disciplinary Counsel shall file the petition with the Supreme Court and shall personally serve a copy of the petition upon the formerly admitted attorney.

   (2)  The Court, or any justice thereof, may enter a rule directing the formerly admitted attorney to show cause why the formerly admitted attorney should not be found in contempt, which rule shall be returnable within ten days.

   (3)  If a rule to show cause has been issued under paragraph (2), and the period for response has passed without a response having been filed, or after consideration of any response, the Court may enter an order holding the formerly admitted attorney in contempt or directing that a hearing be held before a panel of at least three members of the Board.

   (4)  Any required hearing before a panel of the Board shall be held within ten days. Following the hearing, the panel shall within five days submit a transcript of the hearing and a recommendation to the Court. Upon receipt of the recommendation and the record relating thereto, the Court shall enter an appropriate order.

   (5)  There shall be no right to oral argument before the Court under this subdivision (k).

Rule 218.  Reinstatement

*      *      *      *      *

   [(j)  If Disciplinary Counsel shall have probable cause to believe that any formerly admitted attorney:

   (1)  has failed to comply with this rule or Rule 217 (relating to formerly admitted attorneys), or,

   (2)  is otherwise continuing to practice law,

Disciplinary Counsel may bring an action in any court of competent jurisdiction for such injunctive and other relief as may be appropriate.]

[Pa.B. Doc. No. 97-1296. Filed for public inspection August 15, 1997, 9:00 a.m.]


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