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PA Bulletin, Doc. No. 22-1334

THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendment of Rules 205 and 402 of the Pennsylvania Rules of Disciplinary Enforcement; No. 229 Disciplinary Rules Docket

[52 Pa.B. 5634]
[Saturday, September 3, 2022]

Order

Per Curiam

 And Now, this 19th day of August, 2022, upon the recommendation of the Disciplinary Board of the Supreme Court of Pennsylvania; which followed the proposal to amend Pa.R.D.E. 205 and 402 having been published for comment in the Pennsylvania Bulletin, 51 Pa.B. 5359 (August 28, 2021):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 205 and 402 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 shown in bold and are underlined.

 Deletions from the rules are shown in bold and in 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 205. The Disciplinary Board of the Supreme Court of Pennsylvania.

*  *  *  *  *

 (c) The Board shall have the power and duty:

*  *  *  *  *

 (17) To authorize the use of electronic means to conduct prehearing conferences and post-hearing proceedings before a hearing committee, special master or the Board, but all adjudicatory proceedings shall be conducted in person unless warranted by extraordinary circumstances. Witness testimony may be presented via ACT upon motion for cause shown. All proceedings shall be conducted in accordance with Board Rules, Enforcement Rules and the decisional law of the Court and the Board.

 [17] (18) To exercise the powers and perform the duties vested in and imposed upon the Board by law.

*  *  *  *  *

Subchapter D. MISCELLANEOUS PROVISIONS

Rule 402. Access to Disciplinary Information and Confidentiality.

*  *  *  *  *

 (j)(1) This rule does not permit broadcasting, televising, recording or taking photographs during a proceeding under these rules, except that a hearing committee, a special master, the Board or the Supreme Court when conducting a proceeding may authorize the use of electronic or photographic means for the presentation of evidence, for the perpetuation of a record or for other purposes of judicial administration.

 (2) Public access to a public proceeding before a hearing committee, special master or the Board shall consist of or be supplemented by livestream technology, which access shall cease upon the conclusion of the proceeding. The official record of the proceeding shall be the record generated by the court reporter, as applicable.

 (3) A request for in-person access to a public proceeding other than by the parties, their attorneys and reasonably necessary staff shall be made to the Board at least 30 days in advance of the scheduled proceeding.

*  *  *  *  *

[Pa.B. Doc. No. 22-1334. Filed for public inspection September 2, 2022, 9:00 a.m.]


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