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Pennsylvania Code



Subchapter C. EXECUTIVE OFFICE


Sec.


93.51.    Executive Office.
93.52.    Communications and filings generally.
93.53.    Dockets.
93.54.    Powers and duties of Executive Office.

§ 93.51. Executive Office.

 There shall be an Executive Office, which shall be the office of the Executive Director, Legal Counsel, Board Prothonotary, Attorney Registration, and all other staff of the Board who are not assigned to the Office of Disciplinary Counsel, and shall be maintained at the location specified in §  85.6 (relating to location of Executive Office). Non-legal staff shall be supervised by the Executive Director who shall, either personally, by deputy, or by other duly authorized staff of the Board, or by duly authorized agent, exercise the powers and perform the duties vested in and imposed upon the Executive Office by these rules.

Source

   The provisions of this §  93.51 amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552. Immediately preceding text appears at serial page (363185).

§ 93.52. Communications and filings generally.

 (a)  General rule. Except as otherwise provided in this section, all pleadings shall be addressed to the Board Prothonotary. All other communications and submittals should be addressed to the Board at the Executive Office unless otherwise specially directed. All communication and filings should clearly designate the docket number, or similar identifying symbols, if any, employed by the Board, and should set forth a short title. All communications shall include the address of the person communicating, the party such person represents, and how response should be sent to such person if not by first class mail.

 (b)  Pleadings. All pleadings and other documents filed pursuant to any provision of Chapter 89 (relating to formal proceedings) shall comply with the applicable provisions of such Chapter. Electronic filing may be accomplished by accessing the electronic filing system available on the Disciplinary Board website.

 (c)  Incomplete documents. In any proceeding when upon inspection the Board Prothonotary or Executive Office is of the opinion that a submittal or pleading tendered for filing does not comply with this Subpart such Office may decline to accept the document for filing and may return it unfiled, or such Office may accept it for filing and advise the person tendering it of the deficiency and require that the deficiency be corrected.

 (d)  Disposition of complaints.

   (1)  Except as otherwise provided in this subsection all complaints received by the Executive Office against attorneys shall be transmitted forthwith to the Office of Disciplinary Counsel. Thereafter correspondence concerning the complaint, the investigation thereof, and informal proceedings relating thereto should be addressed to the Office of Disciplinary Counsel.

   (2)  Complaints received by the Executive Office against Disciplinary Counsel involving alleged violations of the Disciplinary Rules or the Enforcement Rules shall be submitted directly to the Board and assigned to a reviewing member of the Board for disposition, as provided by Enforcement Rule 209(b).

   (3)  Complaints received by the Executive Office or the Office of Disciplinary Counsel against members of the Board involving alleged violations of Chapter 81 (relating to rules of professional conduct) or the Enforcement Rules shall, as provided by Enforcement Rule 209(b), be handled in the same manner as other complaints, except that if action is required by the Board, the Executive Office shall notify the Supreme Court which shall appoint an Ad Hoc Disciplinary Board comprised of five former members of the Board who shall discharge the functions of the Board and have all the powers of the Board with respect to that one matter only.

Source

   The provisions of this §  93.52 amended January 15, 1988, effective April 1, 1988, 18 Pa.B. 242; amended August 5, 2005, effective August 6, 2005, 35 Pa.B. 4301; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552; amended November 12, 2021, effective 30 days after publication, 51 Pa.B. 7050. Immediately preceding text appears at serial pages (397905) to (397906).

§ 93.53. Dockets.

 (a)  General rule. The Executive Office shall maintain such dockets of matters considered by the Board as may be directed by the Board.

 (b)  Numbering. Except as otherwise ordered by the Board, matters submitted to the Board for action shall be assigned a docket number consisting of the letters ‘‘DB’’ and the calendar year in which the matter is docketed, which shall be preceded by the serial number of the matter in such calendar year, e.g.: 1 DB 2001.

 (c)  Petitions for reinstatement. Petitions for reinstatement shall be docketed to the same number as assigned to the original disciplinary proceedings. If there is no such original docket number, a new number shall be assigned to the petition for reinstatement.

Source

   The provisions of this §  93.53 amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3731; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552. Immediately preceding text appears at serial page (363186).

§ 93.54. Powers and duties of Executive Office.

 The Executive Office shall have the power and duty:

   (1)  To maintain permanent records of all matters processed by the Board and the disposition thereof. This paragraph shall not be construed to require the permanent retention of correspondence, transcripts, briefs and other similar documents which underlie the final disposition of a matter by the Board, but shall include the findings of any hearing committee or special master and the action and any related opinion or opinions of the Board with respect thereto, and any other information which these rules expressly require to be made a matter of record. Correspondence, transcripts, briefs and other similar docu-ments which underlie the final disposition of a matter by the Board shall be retained for ten years following such disposition.

   (2)  To assemble signed vouchers for the expenses specified in §  93.111 (relating to determination of reimbursable expenses) incurred in:

     (i)   the investigation and prosecution of disciplinary proceedings for purposes of the taxation of expenses pursuant to §  89.205(b) (relating to informal admonition or private reprimand following formal hearing) and §  89.209 (relating to expenses of formal proceedings); and

     (ii)   the investigation and processing of petitions for reinstatement for purposes of the imposition of expenses on respondent-attorneys pursuant to §  89.278 (relating to expenses of reinstatement proceedings).

   (3)  To exercise the powers and perform the duties expressly vested in the Executive Office by these rules.

Source

   The provisions of this §  93.54 amended April 8, 1983, effective April 9, 1983, 13 Pa.B. 1244; amended April 13, 2009, effective April 14, 2009, 20 Pa.B. 2009; amended April 25, 1997, effective April 26, 1997, 27 Pa.B. 2037; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552. Immediately preceding text appears at serial pages (363186) to (363187).


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