Subchapter B. INSTITUTION OF PROCEEDINGS
Sec.
89.51. Grounds for institution of formal proceedings.
89.52. Petition for discipline.
89.53. Service of petition on respondent-attorney.
89.54. Answer.
89.55. No other pleadings.
89.56. Assignment for hearing.
89.57. Scheduling of hearing and prehearing conference.
89.58. Notice of hearing and prehearing conference.§ 89.51. Grounds for institution of formal proceedings.
(a) Except where the Office of Disciplinary Counsel and the respondent-attorney file a joint petition in support of public discipline on consent pursuant to § 87.74 (relating to discipline on consent) or the respondent-attorney submits a resignation statement under § 87.73 (relating to voluntary resignation by attorneys under disciplinary investigation and disbarment on consent), the Office of Disciplinary Counsel shall institute formal disciplinary proceedings by filing with the Board a petition under § 89.52 (relating to petition for discipline) in the following cases:
(1) Where a certificate of conviction is filed with the Supreme Court under § 91.33 (relating to notification by Office of Disciplinary Counsel of conviction of attorneys) and the Supreme Court directs that formal proceedings be instituted;
(2) After the Supreme Court has entered an order temporarily suspending the respondent-attorney under § 91.34(c) (relating to temporary suspension following the conviction of the respondent-attorney for a crime) or § 91.34(f) (relating to joint petition for temporary suspension); or
(3) Pursuant to a determination to institute formal proceedings made under Chapter 87 (relating to investigations and informal proceedings).
(b) Except where the Office of Disciplinary Counsel shall institute formal disciplinary proceedings pursuant to the provisions of subsection (a), the Office of Disciplinary Counsel may, upon the filing of a certificate of conviction with the Supreme Court under § 91.33 (relating to notification by Office of Disciplinary Counsel of conviction with the Supreme Court under § 91.33 (relating to notification by Office of Disciplinary Counsel of conviction of attorneys), institute formal disciplinary proceedings by filing with the Board a petition under § 89.52 (relating to petition for discipline). See § 91.35(a) (relating to authority of Office of Disciplinary Counsel to commence a formal proceeding following the conviction of a respondent-attorney for a crime).
Source The provisions of this § 89.51 amended July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended April 21, 1989, effective April 22, 1989, 19 Pa.B. 1719; amended August 10, 2012, effective August 11, 2012, 42 Pa.B. 5156. Immediately preceding text appears at serial pages (317724) to (317725).
§ 89.52. Petition for discipline.
(a) Caption. A petition for discipline shall be captioned as follows:
BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT
OF PENNSYLVANIA
Office of Disciplinary Counsel, Petitioner vs. James Roe, Respondent : : Docket : : No. : :
(b) Contents. Enforcement Rule 208(b)(1) provides that a petition for discipline shall set forth with specificity the charges of misconduct against the respondent-attorney. The petition shall set forth the Disciplinary Rules or Enforcement Rules alleged to have been violated.
(c) Prayer for relief. A petition for discipline may contain a specific prayer for relief or may contain a general prayer for such disciplinary action as may be just and proper in the circumstances.
§ 89.53. Service of petition on respondent-attorney.
Enforcement Rule 208(b)(2) provides that a copy of the petition for discipline shall be personally served upon the respondent-attorney. Service shall be effected by the Office of Disciplinary Counsel. The service copy of the petition shall be endorsed with a notice to plead within 20 days after service of the petition.
Source The provisions of this § 89.53 amended February 20, 2004, effective February 21, 2004, 34 Pa.B. 948. Immediately preceeding text appears at serial page (198377).
§ 89.54. Answer.
(a) General rule. Enforcement Rule 208(b)(3) provides that within 20 days after service of the petition, the respondent-attorney shall serve an answer upon Disciplinary Counsel and file the original thereof with the Board. (See also subsection (d) of this section.) Such answer shall be filed with the Board Prothonotary. The respondent-attorney and Disciplinary Counsel may stipulate to only one extension, not to exceed 20 days, of the 20 day period in which to file the answer, which stipulation shall be filed with the Board Prothonotary.
(b) Contents of answer. All answers shall be in writing, and so drawn as fully and completely to advise the participants and the Board as to the nature of the defense. They shall admit or deny specifically and in detail each material allegation of the petition and state clearly and concisely the facts and matters of law relied upon.
(c) Request to be heard in mitigation. The respondent-attorney may include in the answer a request that a hearing be held on the issue of mitigation.
(d) Effect of failure to answer. Enforcement Rule 208(b)(3) provides any factual allegation that is not timely answered shall be deemed admitted.
Source The provisions of this § 89.54 amended January 26, 1990, effective January 27, 1990, 20 Pa.B. 343; amended February 20, 2004, effective February 21, 2004, 34 Pa.B. 948; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552. Immediately preceding text appears at serial page (363148).
§ 89.55. No other pleadings.
Pleadings shall be limited to a petition for discipline (or for reinstatement) and answer thereto.
Official Note
Preliminary objections to the petition for discipline are not permitted. If an answer to a petition for discipline contains new matter, a reply to the new matter is not required.
Source The provisions of this § 89.55 amended August 7, 2020, effective 30 days after publication, 50 Pa.B. 4014. Immediately proceeding text appears at serial page (397826).
§ 89.56. Assignment for hearing.
(a) General rule. Enforcement Rule 208(b)(4) provides that following service of the answer, if there are any issues raised by the pleadings or if the respondent-attorney requests the opportunity to be heard in mitigation, the matter shall be assigned to a hearing committee or a special master. The Executive Office shall transmit copies of the file of the Board by means of Form DB-9 (Reference for Disciplinary Hearing) to the members of the hearing committee appointed to hear the matter or a special master in the appropriate disciplinary district not later than five days after the date on which the answer of the respondent-attorney is due under § 89.54(a) (relating to answer).
(b) Composition of committee. The Board Prothonotary shall appoint the members of the hearing committee to which the matter is assigned as provided by § 93.81(c) (relating to hearing committees). As provided by § 93.86 (relating to disqualification of reviewing member to sit on hearing in same matter), the hearing committee shall not include the hearing committee member who passed upon Disciplinary Counsel’s recommended disposition of the matter. The Board Prothonotary shall also designate which member of the hearing committee will conduct the prehearing conference.
Source The provisions of this § 89.56 amended January 26, 1990, effective January 27, 1990, 20 Pa.B. 343; amended April 13, 1990, effective April 14, 1990, 20 Pa.B. 2009; amended March 11, 2005, effective March 12, 2005, 35 Pa.B. 1656; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552. Immediately preceding text appears at serial page (363149).
§ 89.57. Scheduling of hearing and prehearing conference.
The date, time and place of hearing on a petition for discipline shall be scheduled by the Board Prothonotary at the time the members of the hearing committee are appointed. The date fixed for the hearing shall not be later than 90 days after the file is transmitted to a hearing committee or special master under § 89.56 (relating to assignment for hearing), unless an extension has been granted by the Board Chair at the request of any party. At the time that the hearing is scheduled, the Board Prothonotary shall also schedule a prehearing conference for a date not less than 30 days before the scheduled date of the hearing.
Source The provisions of this § 89.57 amended January 26, 1990, effective January 27, 1990, 20 Pa.B. 343; amended April 13, 1990, effective April 14, 1990, 20 Pa.B. 2009; amended October 18, 2002, effective October 19, 2002, 32 Pa.B. 5175; amended March 11, 2005, effective March 12, 2005, 35 Pa.B. 1656; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552. Immediately preceding text appears at serial pages (363149) and (317727).
§ 89.58. Notice of hearing and prehearing conference.
The Board Prothonotary shall serve or cause to be served notice of the hearing and prehearing conference required by § 89.57 (relating to scheduling of hearing and prehearing conference) by means of Form DB-34 (Notice of Hearing and Prehearing Conference) upon the respondent-attorney, at least seven days in advance of the date fixed for the prehearing conference. The notice shall indicate the dates, times and places of the prehearing conference and the hearing and shall state that the respondent-attorney is entitled to be represented by counsel, to cross-examine witnesses and to present evidence in the respondent-attorney’s own behalf. A copy of the notice shall at the same time be transmitted to staff counsel. See § 89.7(b) (relating to continuances).
Source The provisions of this § 89.58 amended January 26, 1990, effective January 27, 1990, 20 Pa.B. 343; amended December 7, 1990, effective December 8, 1990, 20 Pa.B. 6042; amended October 18, 2002, effective October 19, 2002, 32 Pa.B. 5175; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552. Immediately preceding text appears at serial page (317727).
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