THE COURTS
Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS
PART V. PROFESSIONAL ETHICS AND CONDUCT
[204 PA. CODE CH. 89]
Amendment to the Rules of Organization and Procedure of the Board; Order No. 52; Doc. R-122
[28 Pa.B. 1834] In this Order, the Disciplinary Board of the Supreme Court of Pennsylvania is adopting a technical correction to its Rules of Organization and Procedure relating to the procedure for reinstatement of suspended or disbarred attorneys.
Rule 208(g) of the Rules of Disciplinary Enforcement provides that the Supreme Court may tax the expenses of a formal proceeding against the attorney who is disciplined. Rule 218(e) similarly provides that the Supreme Court may tax the expenses of a reinstatement proceeding against the formerly admitted attorney seeking reinstatement. The Rules of the Board provide that a formerly admitted attorney cannot apply for reinstatement until the formerly admitted attorney pays any expenses that were taxed against the formerly admitted attorney by the Supreme Court in connection with the formal proceeding that led to his or her suspension or disbarment, but the Rules of the Board are silent as to whether a formerly admitted attorney who has failed to pay the expenses of a previous reinstatement proceeding as ordered by the Supreme Court is also barred from applying for reinstatement. This Order amends the Rules of the Board to correct that omission. As amended by this Order, 204 Pa. Code § 89.272(b) will also prohibit a formerly admitted attorney from applying for reinstatement until any previously taxed expenses from a reinstatement proceeding have been paid.
The Disciplinary Board of the Supreme Court of Pennsylvania hereby finds that the amendment to the Rules of Organization and Procedure of the Board adopted hereby is not inconsistent with the Pennsylvania Rules of Disciplinary Enforcement and is necessary and appropriate for the administration of the affairs of the Board.
The Board, acting pursuant to Rule 205(c)(10) of the Pennsylvania Rules of Disciplinary Enforcement, 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.
(4) This Order shall take effect immediately.
By the Disciplinary Board of the Supreme Court of
PennsylvaniaELAINE BIXLER,
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 89. FORMAL PROCEEDINGS
Subchapter F. REINSTATEMENT AND RESUMPTION OF PRACTICE
REINSTATEMENT OF FORMERLY ADMITTED ATTORNEYS § 89.272. Waiting period.
* * * * * (b) Premature petitions. Unless otherwise provided in an order of suspension or disbarment, the Board will not entertain a petition for reinstatement filed more than nine months prior to the expiration of the period set forth in subsection (a), or of the suspension, as the case may be. The Board will also not entertain a petition for reinstatement filed before the formerly admitted attorney has paid in full any costs taxed under § 89.209 (relating to expenses of formal proceedings) or under § 89.278 (relating to expenses of reinstatement proceedings) with respect to any previous reinstatement proceeding and has made any required restitution to the Lawyers Fund for Client Security under Enforcement Rule 531 (relating to restitution a condition for reinstatement).
* * * * *
[Pa.B. Doc. No. 98-591. Filed for public inspection April 17, 1998, 9:00 a.m.]
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