THE COURTS
Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS
PART V. PROFESSIONAL ETHICS AND CONDUCT
[ 204 PA. CODE CH. 83 ]
Proposed Amendments to the Pennsylvania Rules of Disciplinary Enforcement Regarding Filing Fees and Penalties in Reinstatement Matters
[49 Pa.B. 7166]
[Saturday, December 7, 2019]Notice is hereby given that the Disciplinary Board of the Supreme Court of Pennsylvania (''Board'') plans to recommend to the Supreme Court of Pennsylvania that it adopt amendments to Rule 218 of the Pennsylvania Rules of Disciplinary Enforcement (''Pa.R.D.E.'') relating to the Board's ability to charge filing fees and assess penalties on unpaid taxed expenses in reinstatement matters, as set forth in Annex A.
Rule 218 governs reinstatement to the practice of law and sets forth the procedures for an attorney to regain an active license. Certain classes of attorneys must file a petition in order to be reinstated by the Supreme Court. Rule 218(f)(1) requires an attorney who files a petition for reinstatement to pay simultaneously a non-refundable filing fee. The rule includes a schedule of fees for petitioners who are disbarred or suspended for more than one year ($1,000); administratively suspended for more than three years ($500); and inactive or retired for more than three years ($250). The basis for imposing a filing fee is to offset the administrative expenses incurred by the Board in processing reinstatement petitions.
Pursuant to Rule 301(h), Pa.R.D.E., an attorney who has been transferred to disability inactive status must petition for reinstatement under Rule 218; however, the fee schedule in Rule 218(f)(1) does not require these attorneys to pay a filing fee. The Board proposes amending the fee schedule set forth in Rule 218(f)(1) to impose a non-refundable filing fee on an attorney who petitions for reinstatement from inactive status that was imposed under Rule 301. The Board proposes a fee of $250, in keeping with the filing fee paid by attorneys who petition for reinstatement from inactive or retired status for more than three years and as a matter of equity in maintaining uniform filing requirements for petitioners.
Pursuant to Rule 218(g)(1), an attorney who has been suspended for one year or less is not required to file a petition for reinstatement and instead, must file with the Board a verified statement demonstrating compliance with the terms and conditions of the suspension order and Rule 217, Pa.R.D.E. (related to formerly admitted attorneys).
The Board proposes amending Rule 218(g)(1) to require that an attorney seeking reinstatement from a suspension of one year or less pay a non-refundable filing fee of $250 at the time of the filing of the compliance statement. Similar to the rationale for imposing a filing fee on attorneys who petition for reinstatement, requiring attorneys who file a compliance statement to pay a non-refundable filing fee will counteract administrative burdens associated with reviewing the statements.
Pursuant to Rule 218(f)(2), the Supreme Court has the discretion to direct that a petitioner in a reinstatement matter pay expenses incurred in the reinstatement proceeding. Disciplinary Board Rule § 93.111 provides that these expenses may include items such as court reporter fees and transcripts, fees and expenses of expert and other witnesses, service of pleadings and briefs, and publication notices. The Board proposes amending Rule 218(f) to add new subparagraph (3) to allow the Board to assess penalties on petitioner-attorneys who fail to timely pay the taxed expenses.
The Board's proposed amendment provides that failure to pay taxed expenses within 30 days of the Supreme Court Order shall result in the assessment of a penalty, levied monthly, at a rate of 0.8% of the unpaid principal balance, or such other rate as the Court may establish. The Board retains discretion to reduce the penalty or waive it in its entirety for good cause shown. This proposal is intended to incentivize prompt payment of the taxed expenses. We note that currently, the Board has authority under Rule 208(g)(5) to assess penalties on unpaid taxed expenses and administrative fees in discipline matters. With the proposed rule change, the Board seeks authority from the Court to assess similar penalties in reinstatement matters.
Interested persons are invited to submit written comments by mail or facsimile regarding the proposed amendments to the Executive Office, 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 January 6, 2020.
By the Disciplinary Board of the
Supreme Court of PennsylvaniaJESSE 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 218. Reinstatement.
* * * * * (f)(1) At the time of the filing of a petition for reinstatement with the Board, a non-refundable reinstatement filing fee shall be assessed against a petitioner-attorney. The filing fee schedule is as follows:
Reinstatement from disbarment or suspension for more than one year: . . . $1,000
Reinstatement from administrative suspension (more than three years): . . . $500
Reinstatement from inactive/retired status (more than three years): . . . $250
Reinstatement from inactive status pursuant to Enforcement Rule 301: . . . $250
(2) The Supreme Court in its discretion may direct that the necessary expenses incurred in the investigation and processing of the petition for reinstatement be paid by the petitioner-attorney. After the Supreme Court Order is entered, the annual fee required by Rule 219(a) for the current year shall be paid to the Attorney Registration Office.
(3) Failure to pay taxed expenses within thirty days of the entry of the Supreme Court Order shall result in the assessment of a penalty, levied monthly at the rate of 0.8% of the unpaid principal balance, or such other rate as established by the Supreme Court, from time to time. The Board for good cause shown, may reduce the penalty or waive it in its entirety.
(g)(1) Upon the expiration of any term of suspension not exceeding one year and upon the filing thereafter by the formerly admitted attorney with the Board of a verified statement showing compliance with all the terms and conditions of the order of suspension and of Enforcement Rule 217 (relating to formerly admitted attorneys), along with the payment of a non-refundable filing fee of $250, the Board shall certify such fact to the Supreme Court, which shall immediately enter an order reinstating the formerly admitted attorney to active status, unless such person is subject to another outstanding order of suspension or disbarment.
* * * * *
[Pa.B. Doc. No. 19-1804. Filed for public inspection December 6, 2019, 9:00 a.m.]
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