THE COURTS
Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS
PART IV. ADMISSION TO PRACTICE LAW
[204 PA. CODE CH. 71]
Proposed Amendment to Pennsylvania Bar Admission Rule 213
[54 Pa.B. 714]
[Saturday, February 17, 2024]Notice is hereby given that the Pennsylvania Board of Law Examiners (Board) is considering recommending to the Pennsylvania Supreme Court that it amend Rule 213 of the Pennsylvania Bar Admission Rules concerning the hearing process for those who seek a hearing before the Board. The amendment is set forth in Annex A. Additions to the text of the rule are shown in bold and underlined, there are no deletions.
The proposed amendment would clarify Rule 213 by explicitly providing that the Board can limit cumulative witness testimony. Pa.R.E. 403 provides that a court may exclude cumulative evidence, but similar to other administrative agency rules, Rule 213(b) provides that the ''Board shall not be bound by the formal rules of evidence.'' Additionally, and unlike other administrative hearing rules, Rule 213(b) is silent on whether the Board may limit cumulative evidence. The General rules of Administrative Practice and Procedure and the Disciplinary Rules explicitly provide the hearing officer with the authority to limit cumulative evidence. 1 Pa. Code § 135.27 provides ''[t]he agency head or the presiding officer may limit appropriately the number of witnesses who may be heard upon an issue.'' Pennsylvania Disciplinary Board Rule 89.94 provides ''[t]he hearing committee or special master may limit appropriately the number of witnesses who may be heard upon any issue to eliminate unduly repetitious of cumulative evidence.''
Given the above, the Board seeks to amend Rule 213 to provide that it can limit the presentation of cumulative evidence. Specifically, the Board seeks to add the following language to Rule 213: ''The Board may in its discretion limit the number of witnesses who may be heard upon any issue to eliminate repetitious or cumulative evidence.''
Interested persons are invited to submit written comments regarding the proposed amendments to the Counsel to the Board, Pennsylvania Board of Law Examiners, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 3600, P.O. Box 62535, Harrisburg, PA 17106-2535, no later than April 5, 2024.
By the Pennsylvania Board of Law Examiners
Supreme Court of PennsylvaniaGICINE P. BRIGNOLA,
Executive Director
Annex A
TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS
PART IV. ADMISSION TO PRACTICE LAW
CHAPTER 71. PENNSYLVANIA BAR ADMISSION RULES
Subchapter B. ADMISSION TO THE BAR GENERALLY
PROCEEDINGS BEFORE BOARD Rule 213. Hearings before the Board.
* * * * * (b) Hearing. Within 30 days after receipt of the request of an applicant for a hearing under this Rule the Board shall hold a hearing at which the applicant shall be present. The applicant may be represented by counsel at the hearing. The Board shall not be bound by the formal rules of evidence and such relevant evidence may be introduced at the hearing as may be necessary for the Board to make a final determination upon the application. The burden of proof shall be on the applicant to establish that he or she possesses the character, fitness and general qualifications that are compatible with the standards expected to be observed by a member of the Bar of this Commonwealth. The applicant may call and examine witnesses, cross-examine adverse witnesses and present such evidence as is relevant to the issue before the Board. The Board may in its discretion limit the number of witnesses who may be heard upon any issue to eliminate repetitious or cumulative evidence. At any such hearing the applicant and his or her counsel shall be permitted to inspect such portion of the record of the applicant bearing upon the issues before the Board as does not constitute confidential information. A stenographic or other verbatim record shall be made of any such hearing, but hearings before the Board shall not be open to the public. The Board shall have the power to issue subpoenas for the attendance of witnesses and for the production of documentary evidence at the hearing.
* * * * *
[Pa.B. Doc. No. 24-176. Filed for public inspection February 16, 2024, 9:00 a.m.]
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