THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[ 204 PA. CODE CHS. 89 AND 93 ]

Amendments to Rules of Organization and Procedure of the Disciplinary Board of the Supreme Court of Pennsylvania; Order No. 87

[49 Pa.B. 443]
[Saturday, February 2, 2019]

 By this Order, the Disciplinary Board of the Supreme Court of Pennsylvania is amending its Rules of Organization and Procedure to modify Rule § 89.278 regarding reinstatement filing fees and Rule § 93.111 regarding administrative fees.

 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)(12), orders:

 (1) Title 204 of the Pennsylvania Code is hereby amended as set forth in Annex A hereto.

 (2) The Board Prothonotary 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

JESSE G. HEREDA, 
Executive Director

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 F. REINSTATEMENT AND RESUMPTION OF PRACTICE

REINSTATEMENT OF FORMERLY ADMITTED ATTORNEYS

§ 89.278. Expenses of reinstatement proceedings.

 Enforcement Rule [218(f)] 218(f)(1) provides that a non-refundable reinstatement filing fee shall be assessed against a petitioner-attorney. A filing fee schedule is set forth in the rule. Enforcement Rule 218(f)(2) provides that 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[; a reinstatement fee of $300 shall be assessed against a petitioner-attorney who was administratively suspended at the time of the filing of the petition; and the]. The annual fee required by Enforcement Rule 219(a) [and the reinstatement fee, if applicable,] for the current year shall be paid to the Attorney Registration Office after the Supreme Court order is entered.

CHAPTER 93. ORGANIZATION AND ADMINISTRATION

Subchapter G. FINANCIAL MATTERS

TAXATION OF COSTS

§ 93.111. Determination of reimbursable expenses.

 (a) General rule. Enforcement Rule 208(g)(2) provides that expenses taxable by the Board pursuant to § 89.205(b) (relating to informal admonition, private reprimand or public reprimand following formal hearing) shall be prescribed by these rules. See also § 89.209 (relating to expenses of formal proceedings) and § 89.278 (relating to expenses of reinstatement proceedings).

 (b) Enumeration of expenses. Taxable expenses under these rules shall include, but not be limited to, the following:

 (1) court reporter fees and transcript costs;

 (2) the fees and expenses of expert and other witnesses;

 (3) the cost of serving subpoenas, pleadings and briefs;

 (4) the charges by banks and other institutions for production of statements, checks and other records in response to subpoenas or otherwise;

 (5) the cost of reproducing documents introduced or offered as evidence at hearings;

 (6) the cost of reproducing pleadings and briefs, and

 (7) the cost of publishing notices in the legal journal and a newspaper of general circulation as required by Enforcement Rule 217(f) (relating to publication of a notice of suspension, disbarment, administrative suspension or transfer to inactive status) or § 89.274(b) (relating to publication of a notice of reinstatement hearing).

 (c) Administrative fee. Enforcement Rule 208(g)(4) provides that [the expenses taxable under § 89.205(b) (relating to informal admonition, private reprimand, or public reprimand following formal hearing) or § 89.209 (relating to expenses of formal proceedings) may include an administrative fee except that an administrative fee shall not be included where the discipline imposed is an informal admonition; and that the administrative fee shall be $250] in addition to the payment of any expenses under Enforcement Rule 208(g)(1) or (g)(2), a respondent-attorney shall pay upon the final order of discipline an administrative fee, pursuant to the schedule set forth in the rule.

[Pa.B. Doc. No. 19-132. Filed for public inspection February 1, 2019, 9:00 a.m.]

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