THE COURTS
Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS
PART V. PROFESSIONAL ETHICS AND CONDUCT
[204 PA. CODE CHS. 91 AND 93]
Amendments to Rules of Organization and Procedure of The Disciplinary Board of the Supreme Court of Pennsylvania; Doc Nos. R-116 and R-121
[29 Pa.B. 4053]
Order No. 54 The Rules of Organization and Procedure of the Board have been drafted to restate in full the substance of the Pennsylvania Rules of Disciplinary Enforcement. By two Orders dated April 9, 1998, the Supreme Court of Pennsylvania (i) amended Pa.R.D.E. 219 to require attorneys to agree to venue in suits by the Pennsylvania Lawyers Fund for Client Security (No. 411, Disciplinary Docket No. 3); and (ii) amended Pa.R.D.E. 301 relating to disabled attorneys to modernize its terminology and clarify its procedures (No. 412, Disciplinary Docket No. 3).
By this Order, the Board is making conforming changes to its Rules to reflect those changes in the Rules of Disciplinary Enforcement.
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, such 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)(10), orders:
(1) Title 204 of the Pennsylvania Code is hereby amended as set forth in Annex A.
(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 M. BIXLER,
Executive Director & 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 91. MISCELLANEOUS MATTERS
Subchapter D. DISABILITY § 91.70. Preliminary provisions.
(a) Definition. Enforcement Rule 301(k) provides that, as used in this subchapter, the term ''disabled attorney'' means an attorney transferred to inactive status under this subchapter.
(b) Cross reference. See Enforcement Rule 601(a) which suspends the act of July 9, 1976 (P. L. 817, No. 143), known as the Mental Health Procedures Act, to the extent it is inconsistent with the Enforcement Rules.
§ 91.71. Notification by clerks of declaration of [incompetence] incapacity.
(a) Duty to report. Enforcement Rule 301(a) provides that the clerk of any court within this Commonwealth [in which] that declares that an attorney is [declared incompetent or is involuntarily committed to an institution] incapacitated or that orders involuntary treatment of an attorney on the grounds [of incompetency or disability] that the attorney is severely mentally disabled or that denies a petition for review of a certification by a mental health review officer subjecting an attorney to involuntary treatment shall within [20 days] 24 hours of such disposition transmit a certificate thereof to Disciplinary Counsel, who shall file such certificate with the Supreme Court by means of Form DB-20 (Certificate of Judicial Determination of Incompetency of Attorneys).
(b) Local procedures. The Official Note to Enforcement Rule 301(a) provides that it is the responsibility of each local court to adopt any necessary procedures so that mental health officers and individual judges notify the clerk of the court that the respondent in a matter is an attorney and that a certificate must accordingly be sent to Disciplinary Counsel under this section.
§ 91.72. Notification by Office of Disciplinary Counsel of declaration of [incompetence] incapacity.
Enforcement Rule 301(b) provides that upon being advised that an attorney has been declared [incompetent] incapacitated or involuntarily committed to an institution on the grounds of [incompetency] incapacity or severe mental disability, Disciplinary Counsel shall secure and file a Form DB-20 (Certificate of Judicial Determination of Incompetency of Attorney) in accordance with the provisions of § 91.71 (relating to notification by clerks of declaration of [incompetence] incapacity); and that if the declaration of [incompetence] incapacity or commitment occurred in another jurisdiction, it shall be the responsibility of Disciplinary Counsel to secure and file a certificate of such declaration or commitment.
§ 91.73. Attorney subject to judicial determination of [incompetency] incapacity.
(a) Transfer to inactive status. Enforcement Rule 301(c) provides that where an attorney has been judicially declared [incompetent] incapacitated or involuntarily committed on the grounds of [incompetency] incapacity or severe mental disability, the Supreme Court, upon proper proof of the fact, shall enter an order transferring such attorney to inactive status effective immediately and for an indefinite period until the further order of the Court; and that a copy of such order shall be served upon such formerly admitted attorney, the guardian of such person, and/or the director of the institution to which such person has been committed in such manner as the Court may direct.
(b) Summary reinstatement. Where an attorney has been transferred to inactive status by an order in accordance with the provisions of subdivision (a) and, thereafter, in proceedings duly taken, the person is judicially declared to be competent, the Supreme Court upon application may dispense with further evidence that the disability has been removed and may direct reinstatement to active status upon such terms as are deemed proper and advisable.
§ 91.78. Procedure for reinstatement.
Enforcement Rule 301(h) provides as follows:
(1) [No formerly admitted attorney transferred to inactive status under the provisions of this subchapter may] Except as provided in § 91.73(b) (relating to summary reinstatement), a disabled attorney may not resume active status until reinstated by order of the Supreme Court upon petition for reinstatement pursuant to Chapter 89 Subchapter F (relating to reinstatement).
(2) [Any formerly admitted attorney transferred to inactive status under the provisions of this subchapter] A disabled attorney shall be entitled to apply for reinstatement to active status once a year or at such shorter intervals as the Court may direct in the order transferring the respondent to inactive status or any modification thereof.
* * * * * [(4) Where an attorney has been transferred to inactive status by an order in accordance with the provisions of § 91.73 (relating to attorney subject to judicial determination of incompetency) and, thereafter, in proceedings duly taken, such person has been judicially declared to be competent, the Supreme Court may dispense with further evidence that the disability has been removed and may direct reinstatement to active status upon such terms as are deemed proper and advisable.]
CHAPTER 93. ORGANIZATION AND ADMINISTRATION
Subchapter G. FINANCIAL MATTERS
ANNUAL ASSESSMENT OF ATTORNEYS § 93.142. Filing of annual statement by attorneys.
* * * * * (b) Filing of annual statement. Enforcement Rule 219(d) provides that on or before July 1 of each year all persons required by the rule to pay an annual fee shall file with the Administrative Office a signed statement on the form prescribed by the Administrative Office in accordance with the following procedures:
(1) The statement shall set forth:
* * * * * (v) A statement that any action brought against the attorney by the Pennsylvania Lawyers Fund for Client Security for the recovery of monies paid by the Fund as a result of claims against the attorney may be brought in the Court of Common Pleas of Allegheny, Dauphin or Philadelphia County.
(vi) Such other information as the Administrative Office may from time to time direct.
[Pa.B. Doc. No. 99-1218. Filed for public inspection July 30, 1999, 9:00 a.m.]
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