§ 93.104. Access by judicial system agencies to confidential information.
(a) General rule. Enforcement Rule 402(d)(1) provides that the provisions of § 93.102(a) and (b) (relating to access to disciplinary information and confidentiality) shall not be construed to deny access to relevant information at any point during a proceeding under these rules to:
(1) authorized agencies investigating the qualifications of judicial candidates;
(2) the Judicial Conduct Board with respect to an investigation it is conducting;
(3) other jurisdictions investigating qualifications for admission to practice;
(4) law enforcement agencies investigating qualifications for government employment;
(5) lawyer disciplinary enforcement agencies in other jurisdictions investigating misconduct by the respondent-attorney; or
(6) the Pennsylvania Lawyers Fund for Client Security Board investigating a claim for reimbursement arising from conduct by the respondent-attorney.
(b) Notice to respondent-attorney. Enforcement Rule 402(g) provides that, except as provided in subsection (c), if nonpublic information is requested pursuant to subsection (a) and the respondent-attorney has not signed an applicable waiver of confidentiality, the respondent-attorney shall be notified in writing at the last known address of the respondent-attorney of what information has been requested and by whom, together with a copy of the information proposed to be released to the requesting agency or board. The notice shall advise the respondent-attorney that the information will be released 20 days after mailing of the notice unless the respondent-attorney objects to the disclosure. If the respondent-attorney timely objects to the disclosure, the information shall remain confidential unless the requesting agency or board obtains an order of the Supreme Court requiring its release or the respondent-attorney withdraws the objection.
(c) Exception to required notice to respondent-attorney. Enforcement Rule 402(h) provides that, if an agency or board requesting the release of information under subsection (a) other than the Judicial Conduct Board and the Pennsylvania Lawyers Fund for Client Security Board has not obtained an applicable waiver of confidentiality from the respondent-attorney, and the agency or board requests that the information be released without giving notice to the respondent-attorney, the requesting agency or board shall certify that:
(1) the request is made in furtherance of an ongoing investigation into misconduct by the respondent-attorney;
(2) the information is essential to that investigation; and
(3) disclosure of the existence of the investigation to the respondent-attorney would seriously prejudice the investigation.
(d) Restrictions on available information. The fact that:
(1) a complaint has been filed shall not be deemed relevant for the purposes of this section if the complaint was dismissed;
(2) a complaint is pending but undisposed of shall not be deemed relevant for the purposes of this section unless otherwise determined in a specific case by the Office of Disciplinary Counsel with the concurrence of the Chair or Vice-Chair of the Board;
(3) an informal admonition has been administered to a respondent-attorney under any circumstances other than following a formal proceeding shall not be disclosed at any time to an agency specified in subsection (a)(3) or (4); and
(4) an informal admonition was administered more than four years or private reprimand was administered more than six years before the request for access is made shall not be deemed relevant if no other grievances or complaints resulting in the imposition of discipline were filed against the respondent-attorney during such four or six year period, respectively.
Source The provisions of this § 93.104 amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1607; amended February 24, 2006, effective February 25, 2006, 36 Pa.B. 929; amended May 29, 2009, effective May 30, 2009, 39 Pa.B. 2687; amended May 22, 2015, effective May 23, 2015, with respect to informal admonitions administered on or after May 23, 2015, 45 Pa.B. 2457; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (410157) to (410158).
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