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PA Bulletin, Doc. No. 18-1659

THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

[ 204 PA. CODE CH. 83 ]

Proposed Amendments to the Pennsylvania Rules of Disciplinary Enforcement Relating to Review and Action by the Board

[48 Pa.B. 6785]
[Saturday, October 27, 2018]

 Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania (''Board'') is considering recommending to the Supreme Court of Pennsylvania that it adopt amendments to Pennsylvania Rule of Disci-plinary Enforcement (''Pa.R.D.E.'') 208, relating to the submission of briefs and presentation of oral argument to the Board, as set forth in Annex A.

 In attorney discipline and reinstatement proceedings, pursuant to the Disciplinary Board Rules and Procedures (''Board Rules''), following the filing of a report and recommendation with the Board by a hearing committee or special master, either party may object to such findings and recommendation by filing exceptions in a brief to the Board. In the brief on exceptions, a party may request oral argument before the Board. The parties may also file a brief opposing exceptions in response to a brief on exceptions. See, Disciplinary Board Rule § 89.201(d) and (e).1

 89.201(e) Oral argument. Unless otherwise ordered by the Board, oral argument shall be deemed waived unless expressly requested in a brief on exceptions or brief opposing exceptions.

 The Pennsylvania Rules of Disciplinary Enforcement, however, in Rule 208(d)(1), addressing the same proceedings, states that ''the respondent-attorney shall have the right to submit briefs and to present oral argument to a panel of at least three members of the Board.'' Contrary to what is provided for in the Board Rules, this rule language in the Rules of Disciplinary Enforcement does not expressly state that both parties have the right to file briefs and present oral argument. In order to remedy this inconsistency, the Board proposes amending Rule 208(d)(1) to encompass the rights of both parties to the proceedings.

 The proposed amendment to Rule 208(d)(1) modifies the scope of the rule to provide that both parties shall have the right to submit briefs and to present oral argument before the Board.

 Interested persons are invited to submit written comments regarding the proposed amendments to the Office of the Secretary, The Disciplinary Board of the Supreme Court of Pennsylvania, 601 Commonwealth Avenue, Suite 5600, PO Box 62625, Harrisburg, PA 17106-2625, Facsimile number (717-231-3381), Email address Dboard.comments@pacourts.us on or before November 26, 2018.

By the Disciplinary Board of the
Supreme Court of Pennsylvania

JESSE G. HEREDA, 
Executive Director

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 208. Procedure.

*  *  *  *  *

 (c) Hearing procedures. Proceedings before hearing committees and special masters shall be governed by Board rules, except that, unless waived in the manner provided by such rules, at the conclusion of the hearing the hearing committee or special master shall submit a report to the Board containing the findings and recommendations of the hearing committee or special master.

 (d) Review and action by Board.

 (1) Proceedings before the Board shall be governed by Board rules, except that, unless waived in the manner provided by such rules, [the respondent-attorney] both parties shall have the right to submit briefs and to present oral argument to a panel of at least three members of the Board. Members of the Board who have participated on a reviewing panel under paragraph (a)(4) or (5) of this rule shall not participate in further consideration of the same matter or decision thereof on the merits under this subdivision (d).

*  *  *  *  *

[Pa.B. Doc. No. 18-1659. Filed for public inspection October 26, 2018, 9:00 a.m.]

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1  89.201(d) Procedure to except to report of hearing committee or special master. Any participant desiring to object to the findings and recommendations of a hearing committee or special master shall, within 20 days after the service of a copy of a report or such other time as may be fixed by the Board Chair, file exceptions to the report or part thereof in a brief (designated ''brief on exceptions''). ''Briefs opposing exceptions'' may be filed in response to briefs on exceptions within 20 days after the filing of briefs on exceptions or such other time as may be fixed by the Board Chair. No further response will be entertained unless the Board, with or without motion, so orders.


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