THE COURTS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[ 204 PA. CODE CH. 89 ]

Amendments to Rules of Organization and Procedure of the Disciplinary Board of the Supreme Court of Pennsylvania; Order No. 78

[45 Pa.B. 6586]
[Saturday, November 14, 2015]

 By this Order, the Disciplinary Board of the Supreme Court of Pennsylvania is amending its Rules of Organization and Procedure to modify Rule 89.294 to permit the termination of probation upon the expiration of the fixed period of probation.

 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, those 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 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 30 days after publication in the Pennsylvania Bulletin.

By The Disciplinary Board of the
Supreme Court of Pennsylvania

ELAINE M. 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 G. PROBATION

§ 89.294. Termination of Probation.

 [(a) Application for termination of probation. At the expiration of the period of probation ordered, the respondent-attorney may apply to the Board fortermination of the probation. The application shall be verified by the respondent-attorney, and shall state:

 (1) the date probation was ordered;

 (2) that the respondent-attorney has complied with all of the terms and conditions of probation;

 (3) whether or not formal proceedings for discipline are pending against the respondent-attorney; and

 (4) that the respondent-attorney requests termination of probation.

 (b) Conditions for granting termination of probation. The Board shall order the termination of probation if:

 (1) all costs of the proceedings as previously ordered by the Supreme Court or the Board have been paid;

 (2) the respondent-attorney has complied with the terms of probation; and

 (3) no formal proceedings for discipline are pending against the respondent-attorney.]

 Probation shall terminate upon the filing of the final quarterly report and upon the expiration of the fixed period of probation, unless:

 (a) the conditions of probation have been violated or have not been met;

 (b) all costs of the proceedings as previously ordered by the Supreme Court or the Board have not been paid; or

 (c) formal proceedings for discipline are pending against the respondent-attorney.

[Pa.B. Doc. No. 15-1999. Filed for public inspection November 13, 2015, 9:00 a.m.]

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