Subchapter D. OFFICE OF DISCIPLINARY COUNSEL
Sec.
93.61. Office of Disciplinary Counsel.
93.62. Practice of law by Disciplinary Counsel prohibited.
93.63. Powers and duties of Office of Disciplinary Counsel.§ 93.61. Office of Disciplinary Counsel.
(a) General rule. There shall be an Office of Disciplinary Counsel, which shall be the office of the Chief Disciplinary Counsel and the following staff of the Board:
(1) Disciplinary Counsel;
(2) Investigators; and
(3) Such other staff of the Board as may be designated by the Board Chair.
(b) Powers and duties. The Office of Disciplinary Counsel shall be supervised by the Chief Disciplinary Counsel who shall, either personally, by Disciplinary Counsel, 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 Office of Disciplinary Counsel by these rules.
(c) Location. The principal office and district offices of the Office of Disciplinary Counsel shall be maintained at the locations specified in § 85.5 (relating to location of office of disciplinary counsel).
Source The provisions of this § 93.61 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 (363187).
§ 93.62. Practice of law by Disciplinary Counsel prohibited.
Enforcement Rule 207(a) provides that Disciplinary Counsel shall not be permitted to engage in private practice, except that the Board may agree to a reasonable period of transition after appointment.
§ 93.63. Powers and duties of Office of Disciplinary Counsel.
(a) General rule. The Office of Disciplinary Counsel shall have the power and duty (pursuant to Enforcement Rule 207(b)):
(1) To investigate all matters involving alleged misconduct called to its attention whether by complaint or otherwise except, unless as otherwise directed by the Supreme Court or the Board, complaints against Disciplinary Counsel and members of the Board.
(2) To dispose of any matter that is governed by Enforcement Rules 214 (Attorneys convicted of crimes), 215 (Discipline on Consent), and 216 (Reciprocal discipline) in accordance with the substantive and procedural provisions of those rules, and to dispose of all other matters involving alleged misconduct by dismissal or (subject to review by a hearing committee member) by recommendation for informal admonition, private or public reprimand, or the prosecution of formal charges before a hearing committee or special master.
(3) To request the appointment of a special master, where appropriate, and to prosecute all disciplinary proceedings before hearing committees, the Board and the Supreme Court.
(4) To appear at hearings conducted with respect to petitions for reinstatement by formerly admitted attorneys, to cross-examine witnesses testifying in support of the petition and to marshal available evidence, if any, in opposition thereto.
(5) To maintain, through the Executive Office, permanent records of all matters processed by the Office of Disciplinary Counsel and the disposition thereof. This paragraph shall not be construed to require the permanent retention of correspondence, memoranda, transcripts and other similar documents which underlie the final disposition of a matter by the Office of Disciplinary Counsel and such materials may be retained or disposed of by the Office of Disciplinary Counsel in its discretion.
(6) To exercise the powers and perform the duties expressly vested in and imposed upon staff counsel or the Office of Disciplinary Counsel by these rules or by law.
(b) Party status of Disciplinary Counsel. Enforcement Rule 207(c) provides that Disciplinary Counsel:
(1) Shall be a party to all proceedings and other matters before the Board or the Supreme Court under the Enforcement Rules.
(2) May urge in the Supreme Court a position inconsistent with any recommendation of the Board where in the judgment of Disciplinary Counsel a different disposition of the matter is warranted by the law or the facts.
(3) May within the time and in the manner prescribed by Title 210 (relating to the Pennsylvania Rules of Appellate Procedure) obtain in the Supreme Court judicial review of any final determination of the Board, except a determination to conclude a matter by dismissal, informal admonition, private reprimand, or public reprimand.
(4) May within the time and in the manner prescribed by Title 210 (relating to the Pennsylvania Rules of Appellate Procedure) petition the Supreme Court for allowance of an appeal from any final determination of the Board to conclude a matter by dismissal, informal admonition, private reprimand, or public reprimand.
Source The provisions of this § 93.63 amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1607; amended July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 952; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 4448; amended April 13, 2009, effective April 14, 2009, 20 Pa.B. 2009; amended March 11, 2005, effective March 12, 2005, 35 Pa.B. 1656; amended August 10, 2012, effective August 11, 2012, 42 Pa.B. 5156; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (397908) to (397909).
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