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PA Bulletin, Doc. No. 03-1927

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendment of Rules 203(b), 207(b) and 208(b) of the Pennsylvania Rules of Disciplinary Enforcement; No. 22 Disciplinary Rules; Doc. No. 1

[33 Pa.B. 4891]

Order

Per Curiam:

   And Now, this 19th day of September, 2003, Rules 203(b), 207(b) and 208(b) of the Pennsylvania Rules of Disciplinary Enforcement are amended to read as follows.

   This Order shall be processed in accordance with Rule 103(b) of the Pennsylvania Rules of Judicial Administration. The amendments adopted hereby shall take effect upon publication in the Pennsylvania Bulletin and shall govern all matters thereafter commenced and, insofar as just and practicable, matters then pending.

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 203.  Grounds for discipline.

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   (b)  The following shall also be grounds for discipline:

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   (4)  Failure by a respondent-attorney without good cause to comply with any order under the Enforcement Rules of the Supreme Court, the Board, a hearing committee or special master.

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Rule 207.  Disciplinary counsel.

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   (b)  Disciplinary Counsel shall have the power and duty:

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   (2)  To dispose of all matters (subject to review by a member of a hearing committee) involving alleged misconduct by dismissal, informal admonition, recommendation for private reprimand or the prosecution of formal charges before a hearing committee or special master. Except in matters requiring dismissal because the complaint is frivolous or falls outside the jurisdiction of the Board, no disposition shall be recommended or undertaken by Disciplinary Counsel until the accused attorney [shall have been afforded the opportunity to state a position with respect to the allegations against the attorney] has been notified of the allegations and the time for response under Enforcement Rule 208(b) (relating to formal hearing), if applicable, has expired.

*      *      *      *      *

Rule 208.  Procedure.

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   (b)  Formal hearing. Formal disciplinary proceedings before a hearing committee or special master shall be as follows:

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   (2)  A copy of the petition containing a notice to plead shall be personally served upon the respondent-attorney.

   (3)  Within 20 days after such service, the respondent-attorney shall serve an answer upon Disciplinary Counsel and file the original thereof with the Board. [In the event the respondent-attorney fails to file an answer, the charges shall be deemed at issue.] Any factual allegation that is not timely answered shall be deemed admitted.

   (4)  Following the service of the answer, if there are any issues raised by the pleadings or if the respondent-attorney requests the opportunity to be heard in mitigation, the matter shall be assigned to a hearing committee or a special master. No evidence with respect to factual allegations of the complaint that have been deemed or expressly admitted may be presented at any hearing on the matter, absent good cause shown.

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[Pa.B. Doc. No. 03-1927. Filed for public inspection October 3, 2003, 9:00 a.m.]


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