§ 91.71. Notification by clerks of declaration of incapacity.
(a) Duty to report. Enforcement Rule 301(a) provides that the clerk of any court within this Commonwealth that declares that an attorney is incapacitated or that orders involuntary treatment of an attorney on the grounds that the attorney is severely mentally disabled or that denies a petition for review of a certification by a mental health review officer subjecting an attorney to involuntary treatment shall within 24 hours of such disposition transmit a certificate thereof to Disciplinary Counsel, who shall file such certificate with the Supreme Court by means of Form DB-20 (Certificate of Judicial Determination of Incompetency of Attorneys).
(b) Local procedures. The Official Note to Enforcement Rule 301(a) provides that it is the responsibility of each local court to adopt any necessary procedures so that mental health officers and individual judges notify the clerk of the court that the respondent in a matter is an attorney and that a certificate must accordingly be sent to Disciplinary Counsel under this section.
Source The provisions of this § 91.71 amended July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended July 30, 1999, effective July 31, 1999, 29 Pa.B. 4053. Immediately preceding text appears at serial page (198430).
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