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PA Bulletin, Doc. No. 22-1172

THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendment of Rule 208 of the Pennsylvania Rules of Disciplinary Enforcement; No. 227 Disciplinary Rules Docket

[52 Pa.B. 4392]
[Saturday, August 6, 2022]

Order

Per Curiam

 And Now, this 27th day of July, 2022, upon the recommendation of the Disciplinary Board of the Supreme Court of Pennsylvania; which followed the proposal to amend Pa.R.D.E. 208 having been published for comment in the Pennsylvania Bulletin, 52 Pa.B. 965 (February 12, 2022):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 208 of the Rules of Disciplinary Enforcement is amended in the attached form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b) and shall be effective in 30 days.

 Additions to the rules are in bold and are underlined.

 Deletions from the rules are shown in bold and brackets.

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.

*  *  *  *  *

 (f) Emergency temporary suspension orders and related relief.

*  *  *  *  *

 (8) Where a respondent-attorney has been temporarily suspended pursuant to paragraph (1) or paragraph (5) and more than two years have passed without the commencement of a formal proceeding, and it appears by an affidavit demonstrating facts that:

 (i) the respondent-attorney has not complied with conditions imposed in the order of temporary suspension or with the requirements of Enforcement Rule 217;

 (ii) the order of temporary suspension was based, in whole or in part, on the respondent-attorney's failure to provide information or records, and the respondent-attorney has not provided the information or records, or otherwise cured the deficiency;

 (iii) the respondent-attorney has engaged in post-suspension conduct, by act or omission, that mate-rially delays or obstructs Disciplinary Counsel's ability to fully investigate allegations of misconduct against the respondent-attorney;

 (iv) the respondent-attorney's whereabouts are unknown, in that despite reasonably diligent efforts, Disciplinary Counsel has not been able to contact or locate the respondent-attorney for information or to serve notices or other process at the address provided by the respondent-attorney in the verified statement required by Enforcement Rule 217(e)(1) or at any other known addresses that might be current;

 (v) a conservatorship of the affairs of the respondent-attorney has been appointed pursuant to Enforcement Rule 321; or

 (vi) the respondent-attorney has not participated in proceedings before the Pennsylvania Lawyers Fund for Client Security in which an adjudicated claim has resulted in an award,

 Disciplinary Counsel may petition the Court for the issuance of a rule to show cause why an order of disbarment should not be entered. The provisions of paragraph (1) apply to service of the petition upon the respondent-attorney by Disciplinary Counsel. Upon the filing by Disciplinary Counsel of an affidavit establishing compliance with the service requirements of paragraph (1), the Court may enter a rule directing the respondent-attorney to show cause why the respondent-attorney should not be disbarred, which rule shall be returnable within thirty days. The respondent-attorney shall serve a copy of any response on Disciplinary Counsel, who shall have fourteen days after receipt to file a reply.

 (9) If a rule to show cause has been issued under paragraph (8), and the period for response has passed without a response having been filed, or after consideration of any responses, the Court may enter an order disbarring the respondent-attorney from the practice of law, discharging the rule to show cause, or directing such other action as the Court deems appropriate.

[Pa.B. Doc. No. 22-1172. Filed for public inspection August 5, 2022, 9:00 a.m.]


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