Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

204 Pa. Code § 85.3. Jurisdiction.

§ 85.3. Jurisdiction.

 (a)  General rule. Enforcement Rule 201(a) provides that the exclusive disciplinary jurisdiction of the Supreme Court and the Board under the Enforcement Rules extends to:

   (1)  Any attorney admitted to practice law in this Commonwealth.

   Official Note

   The jurisdiction of the Board under this paragraph includes jurisdiction over a foreign legal consultant, military attorney, attorney spouse of an active-duty service member, attorney participant in defender or legal services programs, or a person holding a Limited In-House Corporate Counsel License. See the definitions of ‘‘attorney,’’ ‘‘practice of law’’ and ‘‘respondent-attorney’’ in §  85.2 (relating to definitions).

   (2)  Any attorney of another jurisdiction specially admitted by a court of this Commonwealth for a particular proceeding.

   (3)  Any formerly admitted attorney, with respect to acts prior to suspension, disbarment, temporary suspension, administrative suspension, permanent resignation, or transfer to or assumption of retired, inactive or disability inactive status, or with respect to acts subsequent thereto which amount to the practice of law or constitute the violation of the Disciplinary Rules, the Enforcement Rules or these rules.

   (4)  Any attorney who is a justice, judge or magisterial district judge, with respect to acts prior to taking office as a justice, judge or magisterial district judge, if the Judicial Conduct Board declines jurisdiction with respect to such acts.

   (5)  Any attorney who resumes the practice of law, with respect to nonjudicial acts while in office as a justice, judge or magisterial district judge.

   (6)  Any attorney not admitted in this Commonwealth who practices law or renders or offers to render any legal service in this Commonwealth.

 (b)  Exceptions. Enforcement Rule 201(b) provides that nothing contained in the Enforcement Rules shall be construed to deny to any other court such powers as are necessary for that court to maintain control over proceedings conducted before it, such as the power of contempt, nor to prohibit bar associations from censuring, suspending or expelling their members from membership in the association.

Source

   The provisions of this §   85.3 amended March 6, 1981, effective March 7, 1981, 11 Pa.B. 782; amended September 10, 2004, effective September 11, 2004, 34 Pa.B. 5013; amended August 5, 2005, effective August 6, 2005, 35 Pa.B. 4301; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended January 31, 2020, effective 30 days after publication, 50 Pa.B. 647; amended February 12, 2021, effective 30 days after publication, 51 Pa.B. 781; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (410111) to (410112).



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