reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › INQUIRIES › Section 87.21 - Inquiries

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of an inquiry concerning the conduct of an
						  attorney the Office of Disciplinary Counsel shall make such written response as
						  may be appropriate in the circumstances and, if appropriate, may furnish a copy
						  of its response to the attorney involved.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter B - REVIEW OF RECOMMENDED DISPOSITION OF COMPLAINT › Section 87.31 - Transmission to reviewing hearing committee member

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of a request from the Office of Disciplinary
						Counsel for the assignment of a reviewing hearing committee member to review
						the disposition of a complaint recommended by the Office of Disciplinary
						Counsel, the Executive Office shall assign a reviewing hearing committee member
						and forward the file with the recommendation of the Office of Disciplinary
						Counsel to the assigned reviewing hearing committee member for
						action.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter B - REVIEW OF RECOMMENDED DISPOSITION OF COMPLAINT › Section 87.32 - Action by reviewing hearing committee member

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 208(a)(3) provides that, except where the complaint is
					 dismissed because the complaint is frivolous or falls outside the jurisdiction
					 of the Board, the reviewing hearing committee member may approve or modify the
					 recommendation of the Office of Disciplinary Counsel concerning the disposition
					 of a complaint.
(b)
Approval.
(1) Failure of a
					 reviewing hearing committee member to modify a recommendation within ten days
					 after transmission by the Office of Disciplinary Counsel shall constitute
					 approval of such recommendation.
(2) When in the judgment of the Chief
					 Disciplinary Counsel prompt prosecution of formal charges is necessary for the
					 protection of the public the Office of Disciplinary Counsel may reduce the
					 period specified in paragraph (1) of this subsection to not less than 24
					 hours.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter B - REVIEW OF RECOMMENDED DISPOSITION OF COMPLAINT › Section 87.33 - Appeal by Office of Disciplinary Counsel from modification of recommendation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 rule.
Enforcement Rule 208(a)(4) provides that Disciplinary Counsel
					 may appeal the recommended disposition directed by a reviewing hearing
					 committee member to a reviewing panel composed of three members of the Board.
					 The appeal shall be set forth on Form DB-8 (Appeal from Determination of
					 Reviewing Member), shall state briefly the grounds relied upon by the Office of
					 Disciplinary Counsel for recommending modification of the determination of the
					 reviewing hearing committee member. The appeal shall be filed with the Board
					 Prothonotary within 30 days after the determination of the reviewing hearing
					 committee member has become effective. The preceding sentence is not applicable
					 to a motion made by the Office of Disciplinary Counsel to dismiss formal
					 charges, which motion may be made at any time.
(b)
Appeal administrative.
The appeal under subsection (a) shall be administrative and not adversary in
					 nature. Copies of the appeal shall be available only to the Board and neither
					 the respondent-attorney nor the reviewing hearing committee member shall be
					 deemed a party to the appeal or have any right to be heard with respect
					 thereto. See also §
											93.103 (relating to identity of
					 reviewing hearing committee member).
(c)
Action by Board
. The
					 Executive Office shall transmit the Form DB-8 and related file to a panel of
					 three members of the Board designated by the Chair, who shall consider the
					 appeal and, as provided by Enforcement Rule 208(a)(4), order that the matter be
					 concluded by dismissal, conditional or unconditional informal admonition or
					 conditional or unconditional private reprimand, or conditional or unconditional
					 public reprimand, or direct that a formal proceeding be instituted before a
					 hearing committee or special master in the appropriate disciplinary
					 district.
(d)
Notice of
					 Board action
. The Executive Office shall return the Form DB-8 and
					 related file, showing the action of the reviewing panel of the Board on the
					 appeal, to the Office of Disciplinary Counsel and shall notify the reviewing
					 hearing committee member of the action taken by the Board.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter B - REVIEW OF RECOMMENDED DISPOSITION OF COMPLAINT › Section 87.34 - Review of recommendation of private reprimand or public reprimand

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 rule.
Enforcement Rule 208(a)(5) provides that a recommendation by a
					 reviewing hearing committee member for a conditional or unconditional private
					 or public reprimand shall be reviewed by a panel composed of three members of
					 the Board who may approve or modify.
(b)
Procedure
. Where a
					 recommendation by a reviewing hearing committee member for a conditional or
					 unconditional private or public reprimand is not appealed by Disciplinary
					 Counsel, the Executive Office shall transmit the file to a panel of three
					 members of the Board designated by the Chair, who shall consider the matter
					 and, as provided by Enforcement Rule 208(a)(5), approve or modify the
					 recommendation for private or public reprimand.
(c)
Notice of Board action
.
					 The Executive Office shall return the file, showing the action of the reviewing
					 panel of the Board, to the Office of Disciplinary Counsel and shall notify the
					 reviewing hearing committee member of the action taken by the Board.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter C - FINAL DISPOSITION WITHOUT FORMAL PROCEEDINGS › Section 87.51 - Notification of disposition of complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Upon
					 completion of the procedures prescribed by Subchapter B (relating to review of
					 recommended disposition of complaint), the Executive Office or the Office of
					 Disciplinary Counsel, as appropriate, shall:
(1) Notify in writing the complainant, as to
					 the final disposition of each disciplinary matter promptly after the matter has
					 been concluded, notwithstanding provisions elsewhere in these Rules relating to
					 confidentiality. Such notice shall specify whether the matter has been
					 dismissed, or whether the matter has resulted in the imposition of a
					 disciplinary sanction, and if so, a description of the sanction imposed. Unless
					 the sanction imposed is public as provided pursuant to the Enforcement Rules
					 and these Rules, the complainant shall be notified that all records and
					 proceedings shall be private and confidential and shall not be subject to
					 production in any later proceedings before any tribunal except future
					 disciplinary proceedings involving the respondent-attorney before the Board or
					 the Court where such prior proceedings may be relevant.
(2) Unless the disposition involves the
					 institution of formal proceedings, notify the respondent-attorney:
(i) that the complaint has been dismissed;
					 or
(ii) that the
					 respondent-attorney shall appear in person before the Chief Disciplinary
					 Counsel for the purpose of receiving an informal admonition or before the Board
					 for the purpose of receiving a private or public reprimand. The
					 respondent-attorney shall also be notified of the place and date to appear. The
					 date fixed shall be not earlier than 20 days after the date of the notice to
					 the respondent-attorney of the disposition of the complaint.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter C - FINAL DISPOSITION WITHOUT FORMAL PROCEEDINGS › Section 87.52 - Informal admonition

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
A respondent-attorney who is given notice of
					 informal admonition pursuant to §
											87.51 (relating to notification
					 of disposition of complaint) and who does not timely demand the institution of
					 a formal proceeding pursuant to §
											87.54 (relating to demand by
					 respondent-attorney for formal proceedings) shall appear in person before
					 Disciplinary Counsel, at the time and place fixed for the administration of the
					 informal admonition. A record (Form DB-38) (Record of Informal Admonition)
					 shall be made of the fact of and basis for the informal admonition, which
					 record shall be available only as provided in §
											93.104(d)
					 (relating to restrictions on available information).
(b)
Failure to appear.
The
					 neglect or refusal of the respondent-attorney to appear for the purposes of
					 informal admonition without good cause shall (as provided by Enforcement Rule
					 203(b)(2)) constitute an independent act of professional misconduct and shall
					 automatically result in the institution of formal proceedings relating to such
					 act of misconduct and to the grievance upon which such informal admonition was
					 to relate.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter C - FINAL DISPOSITION WITHOUT FORMAL PROCEEDINGS › Section 87.53 - Private reprimand or public reprimand without formal hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 rule relating to private reprimand.
A respondent-attorney who is given
					 notice of private reprimand pursuant to §
											87.51 (relating to notification
					 of disposition of complaint) and who does not timely demand the institution of
					 a formal proceeding pursuant to §
											87.54 (relating to demand by
					 respondent-attorney for formal proceedings) shall appear in person before the
					 Board, at the time and place fixed for the administration of the private
					 reprimand. A record shall be made of the fact of and basis for the private
					 reprimand, which record shall be available only as provided in §
											93.104(d)
					 (relating to restrictions on available information).
(b)
General rule relating to public
					 reprimand.
A respondent-attorney who is given notice of public
					 reprimand pursuant to §
											87.51 (relating to notification
					 of disposition of complaint) and who does not timely demand the institution of
					 a formal proceeding pursuant to §
											87.54 (relating to demand by
					 respondent-attorney for formal proceedings) shall appear in person before the
					 Board, at the time and place fixed for the administration of the public
					 reprimand, which proceeding shall be open to the public as provided in §
											93.102(a)
					 (relating to access to disciplinary information and confidentiality). A record
					 shall be made of the fact of and basis for the public reprimand, which record
					 shall be public.
(c)
Failure to appear.
The neglect or refusal of the
					 respondent-attorney to appear for the purposes of private or public reprimand
					 without good cause shall (as provided by Enforcement Rule 203(b)(2)) constitute
					 an independent act of professional misconduct and shall automatically result in
					 the institution of formal proceedings relating to such act of misconduct and to
					 the grievance upon which such private or public reprimand was to
					 relate.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter C - FINAL DISPOSITION WITHOUT FORMAL PROCEEDINGS › Section 87.54 - Demand by respondent-attorney for formal proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 208(a)(6) provides that in cases where no formal proceeding
					 has been conducted, a respondent-attorney shall not be entitled to appeal an
					 informal admonition, a private reprimand, a public reprimand, or any conditions
					 attached thereto, but may demand as of right that a formal proceeding be
					 instituted against such attorney in the appropriate disciplinary district; and
					 that in the event of such demand, the respondent-attorney need not appear for
					 the administration of the informal admonition, private reprimand, or public
					 reprimand, and the matter shall be disposed of in the same manner as any other
					 formal proceeding, but any expenses of the proceeding taxed against the
					 respondent-attorney shall be paid as required by §
											89.205(b)
					 (relating to taxation of expenses).
(b)
Procedure.
A demand
					 under subsection (a) of this section shall be in writing, shall be filed with
					 the Board Prothonotary within 20 days after the date of the notice of the
					 disposition of the complaint required by §
											87.51 (relating to notification
					 of disposition of complaint), which time limit is jurisdictional, and shall be
					 accompanied by proof of service of a copy thereof upon the Office of
					 Disciplinary Counsel.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter D - ABATEMENT OF INVESTIGATION › Section 87.71 - Refusal of complainant to proceed, compromise, etc

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 210 provides that neither unwillingness
						or neglect of the complainant to sign a complaint or to prosecute a charge, nor
						settlement, compromise or restitution, shall, in itself, justify abatement of
						an investigation into the conduct of an attorney.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter D - ABATEMENT OF INVESTIGATION › Section 87.72 - Matters involving related pending civil or criminal litigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 rule.
Enforcement Rule 211(a) provides that the processing of
					 complaints involving material allegations which are substantially similar to
					 the material allegations of pending criminal or civil litigation shall not be
					 deferred unless the Board in its discretion, for good cause shown, authorizes
					 such deferment; that in the event a deferment of disciplinary investigation or
					 proceeding is authorized by the Board as the result of pending related
					 litigation, the respondent-attorney shall make all reasonable efforts to obtain
					 the prompt trial and disposition of such pending litigation; and that in the
					 event the respondent-attorney fails to take reasonable steps to assure prompt
					 disposition of the litigation, the investigation and subsequent disciplinary
					 proceedings indicated shall be conducted promptly.
(b)
Procedure.
An original
					 and three conformed copies of an application for deferment of action under
					 subsection (a) of this section shall be filed with the Board Prothonotary with
					 proof of service on the Office of Disciplinary Counsel. The Office of
					 Disciplinary Counsel may file and serve a written response thereto within 20
					 days thereafter.
(c)
Effect
					 of acquittal.
Enforcement Rule 211(b) provides that the acquittal of
					 the respondent-attorney on criminal charges or a verdict or judgment in favor
					 of the respondent-attorney in a civil litigation involving substantially
					 similar material allegations shall not in and of itself justify abatement of a
					 disciplinary investigation predicated upon the same material
					 allegations.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS › Subchapter D - ABATEMENT OF INVESTIGATION › Section 87.74 - Discipline on consent

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Enforcement Rule 215(d) provides that at any
					 stage of a disciplinary investigation or proceeding, a respondent-attorney and
					 Disciplinary Counsel may file a joint Petition in Support of Discipline on
					 Consent; and that the Petition shall be accompanied by an affidavit stating
					 that the attorney consents to the recommended discipline and that:
(1) the consent is freely and voluntarily
					 rendered; the attorney is not being subjected to coercion or duress; the
					 attorney is fully aware of the implications of submitting the consent; and
					 whether or not the attorney has consulted or followed the advice of counsel in
					 connection with the decision to consent to discipline;
(2) the attorney is aware that there is
					 presently pending an investigation into, or proceeding involving, allegations
					 that the respondent-attorney has been guilty of misconduct as set forth in the
					 Petition;
(3) the attorney
					 acknowledges that the material facts set forth in the Petition are true;
					 and
(4) the attorney consents
					 because the attorney knows that if charges predicated upon the matter under
					 investigation were filed, or continued to be prosecuted in the pending
					 proceeding, the attorney could not successfully defend against them.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › GENERAL MATTERS › Section 89.1 - Construction of chapter

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
This chapter is promulgated for the purpose of
						assisting the Office of Disciplinary Counsel, the respondent-attorney and the
						Board to develop the facts relating to, and to reach a just and proper
						determination of, grievances brought to the attention of the Board. The Board
						recognizes the temptation in disciplinary matters to raise procedural defenses
						where substantive defenses would be unavailing and, therefore, the Board will
						not hold action of a hearing committee, hearing committee member or special
						master invalid by reason of any nonprejudicial irregularity, or for any error
						not resulting in a miscarriage of justice.
(b)
Relationship to informal
						proceedings.
The filing of a petition for discipline under this
						chapter shall be conclusive evidence that all conditions precedent thereto
						under Chapter 87 (relating to investigations and informal proceedings) have
						been satisfied. Failure to comply with any requirement of Chapter 87 shall not
						affect the validity of proceedings under this chapter and no proceeding or
						other matter under Chapter 87 shall be an issue in formal proceedings under
						this chapter.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › GENERAL MATTERS › Section 89.2 - Procedure in formal proceedings to be governed by Board Rules, Enforcement Rules, and decisional law; limitations on motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Enforcement Rules 208(c) and (d) provide
						that the procedure in formal proceedings before hearing committees, special
						masters, and the Board shall be governed by these Rules, the Enforcement Rules,
						and the decisional law of the Court and the Board in attorney discipline and
						reinstatement matters.
(b)
Limitations on prehearing motions.
A motion for summary
						judgment or judgment on the pleadings, a motion to strike the petition for
						discipline or portions thereof, a motion to dismiss based on insufficient
						evidence to proceed with formal charges, any motion attacking the validity of
						the proceedings or pre-petition procedures, or any similarly-styled motion,
						shall not be accepted for filing, but if accepted for filing, shall not be
						entertained.
(c)
Limitations on hearing motions.
A motion for directed verdict
						or nonsuit, a motion to dismiss based on insufficient evidence, any motion
						attacking the validity of the proceedings, or any similarly-styled motion,
						shall not be accepted for filing, but if accepted for filing, shall not be
						entertained.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › GENERAL MATTERS › Section 89.3 - Filings generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. The filing of pleadings, briefs and other
						documents in connection with a formal proceeding under these rules shall be as
						follows:
(1) Except as otherwise requested by
						the Board Prothonotary, at the time any pleading or other document is filed in
						a formal proceeding that is not at the time in the hands of a hearing committee
						or special master, there shall be furnished to the Board Prothonotary an
						original and one conformed copy thereof, including all exhibits, if
						any.
(2) Except as otherwise
						provided by these rules in the case of briefs, at the time any document is
						filed in a formal proceeding that is at the time in the hands of a hearing
						committee, there shall be furnished to the hearing committee an original and
						three conformed copies thereof, including all exhibits, if any, and one
						conformed copy with exhibits, if any, shall be filed with the Board
						Prothonotary.
(3) Except as
						otherwise provided by these rules in the case of briefs, at the time any
						document is filed in a formal proceeding that is at the time in the hands of a
						special master, there shall be furnished to the special master an original and
						one conformed copy thereof, including all exhibits, if any, and one conformed
						copy with exhibits, if any, shall be filed with the Board
						Prothonotary.
(4) Notwithstanding
						paragraphs (2) and (3), it shall not be necessary to file with the Board
						Prothonotary a copy of any prepared testimony or documentary exhibits submitted
						in connection with a hearing.
(5)
						Briefs shall be filed in accordance with §
													89.164 (relating to filing and
						service of briefs).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › GENERAL MATTERS › Section 89.4 - Representation of respondent-attorney

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appearance in propria persona.
When a respondent-attorney
						appears pro se in a formal proceeding such attorney shall file with the Board
						Prothonotary, with proof of service of a copy upon the Office of Disciplinary
						Counsel, an address at which any notice or other written communication required
						to be served upon such attorney may be sent.
(b)
Representation of
						respondent-attorney by counsel
. When a respondent-attorney is
						represented by counsel in a formal proceeding counsel shall file with the Board
						Prothonotary, with proof of service of a copy upon the Office of Disciplinary
						Counsel, a written notice of such appearance, which shall state the name,
						address and telephone number of such counsel, the name and address of the
						respondent-attorney on whose behalf such counsel appears, and the caption and
						docket number of the subject proceeding. Any additional notice or other written
						communication required to be served on or furnished to a respondent-attorney
						may be sent to the counsel of record for such respondent-attorney at the stated
						address of the counsel in lieu of transmission to the respondent-attorney. In
						any proceeding where counsel has filed a notice of appearance pursuant to this
						subsection, any notice or other written communication required to be served
						upon or furnished to the respondent-attorney shall also be served upon or
						furnished to such counsel (or one of such counsel if the respondent-attorney is
						represented by more than one counsel) in the same manner as prescribed for the
						respondent-attorney, notwithstanding the fact that such communication may be
						furnished directly to the respondent-attorney.
(c)
Restrictions on representation.
Members of the Board, partners or employes of any firm in which a
						member of the Board practices, hearing committee members and special masters
						shall not appear as counsel for a respondent-attorney.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › GENERAL MATTERS › Section 89.5 - Format of pleadings and documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
In general.
Pleadings
						and documents other than exhibits filed in formal proceedings shall be in a
						typeface not less than 10-points, on unglazed paper 8 1/2 inches wide by 11
						inches long and with margins of at least 1 inch. The text shall be
						double-spaced except for indented quotations. Pleadings and documents other
						than correspondence shall be bound in a manner that may be taken apart
						easily.
(b)
Incorporation
						by reference.
Any document on file with the Board in a formal
						proceeding may, subject to the restrictions of Chapter 93 Subchapter F
						(relating to confidentiality), be incorporated by reference into a subsequently
						filed pleading or other document. A document may be so incorporated only by
						reference to the specific document and to the prior filing in which it was
						physically filed, not to another document which incorporates it by
						reference.
(c)
Identification.
Pleadings or other documents filed in a formal
						proceeding shall set forth:
(1) The caption
						and docket number of the proceeding.
(2) A brief description title of the pleading
						or document.
(3) The name of the
						agency or person in whose behalf the filing is made.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › GENERAL MATTERS › Section 89.6 - Execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Signature.
Except as may be otherwise ordered or requested by
						the Board, the original copy of each pleading or other document shall be signed
						in ink by the party in interest, or by counsel for such party, and shall show
						the office, post office address and telephone number of such party or counsel.
						All other copies filed shall be fully conformed thereto.
(b)
Effect.
The signature of
						the person subscribing any document filed in a formal proceeding constitutes a
						certificate by such individual that the subscriber has read the document being
						subscribed and filed, and knows the contents thereof; that if executed in any
						representative capacity, the document has been subscribed and executed in the
						capacity specified upon the document with full power and authority so to do;
						that the contents are true as stated, except as to matters and things, if any,
						stated on information and belief, and that as to those matters and things, the
						subscriber believes them to be true.
(c)
Penalty.
All statements
						of fact in pleadings or other documents filed in a formal proceeding are
						subject to the penalties of
						18 Pa.C.S. §
													4904
						(relating to unsworn falsification to authorities), and it shall not be
						necessary to verify under oath any such document.
(d)
Cross reference
. See §
												85.13 (relating to verification
						by respondent-attorneys).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › SERVICE OF DOCUMENTS › Section 89.21 - Notice by the Board to participants; Service of original process by the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notice
						to participants.
The Board shall give notice of orders, notices and
						other documents generated by the Board by mailing a copy to the
						participants.
(b)
Service
						of original process on the Board's own motion.
A copy of original
						process in the form of a petition filed, or order issued, by the Board on its
						own motion shall be personally served upon the respondent-attorney by anyone
						duly authorized by the Executive Office unless another method of service shall
						be specifically required by these Rules or the Enforcement Rules; provided,
						however, that if personal service cannot be made after reasonable efforts to
						locate and serve the respondent-attorney, service may be made by delivering a
						copy to an employee, agent or other responsible person at the office of the
						respondent-attorney, and if that method of service is unavailable, then by
						mailing a copy in the manner provided in Enforcement Rule 212 (relating to
						substituted service).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › SERVICE OF DOCUMENTS › Section 89.22 - Service by a participant

Current through Register Vol. 54, No. 28, July 13, 2024
All pleadings, briefs and other documents, filed in
						  formal proceedings, when filed or tendered to the Board for filing, shall be
						  served upon all participants in the proceeding. Such service shall be made by
						  delivering in person or by mailing, properly addressed with postage prepaid,
						  one copy to each participant.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › SERVICE OF DOCUMENTS › Section 89.23 - Effect of service upon counsel

Current through Register Vol. 54, No. 28, July 13, 2024
When any participant has appeared by counsel, service
						  upon such counsel shall be deemed service upon the participant as provided in §
												89.4(b)
						  (relating to representation by respondent-attorney) and separate service on the
						  party may be omitted as provided in such subsection.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › SERVICE OF DOCUMENTS › Section 89.24 - Date of service

Current through Register Vol. 54, No. 28, July 13, 2024
The date of service shall be the day when the document
						  served is deposited in the United States mail, or is delivered in person, as
						  the case may be.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › SERVICE OF DOCUMENTS › Section 89.25 - Proof of service

Current through Register Vol. 54, No. 28, July 13, 2024
There shall accompany and be attached to the original
						  of each pleading or other document filed with the Board, when service is
						  required to be made by the parties, a certificate of service in the form
						  prescribed by §
												89.26 (relating to form of
						  certificate of service). All other copies filed shall be fully conformed
						  thereto.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › SERVICE OF DOCUMENTS › Section 89.26 - Form of certificate of service

Current through Register Vol. 54, No. 28, July 13, 2024
I hereby certify that I have this day served by ___
						  (indicate method of service) ___ the foregoing document upon all parties of
						  record in this proceeding in accordance with the requirements of 204 Pa. Code §
												89.22 (relating to service by a
						  participant).
Dated this ___ day of ___ , 19 ___.
____________
(Signature)
Of counsel for
____________
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › SERVICE OF DOCUMENTS › Section 89.27 - Service upon Disciplinary Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever any provision of these rules refers to service
						  of any pleading, petition or other document upon Disciplinary Counsel, such
						  service shall be made by, and these rules shall be deemed to require, service
						  of the pleading, petition or other document in accordance with this subchapter
						  separately upon both the Board Prothonotary and Disciplinary
						  Counsel.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › AMENDMENT OR WITHDRAWAL OF PLEADINGS › Section 89.31 - Amendments of pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
No amendment of any petition for discipline or other
						  pleading may be made except on leave granted by the Board Chair or the hearing
						  committee or special master before which the matter is then
						  pending.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter A - PRELIMINARY PROVISIONS › AMENDMENT OR WITHDRAWAL OF PLEADINGS › Section 89.32 - Withdrawal of petition for discipline

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Chief
						Disciplinary Counsel may at any stage of the proceeding apply for leave to
						withdraw a petition for discipline when it shall appear that it was
						improvidently filed. The application shall be set forth on Form DB-44
						(Application for Leave to Withdraw Petition for Discipline), shall set forth
						briefly the grounds relied upon by the Office of Disciplinary Counsel for
						recommending withdrawal, and shall be filed with the Board
						Prothonotary.
(b)
Action by
						Board
. The Executive Office shall transmit the Form DB-44, any answer
						thereto, and related file to a member of the Board designated by the Chair, who
						shall consider and act upon the application on behalf of the Board. The
						Executive Office shall notify the parties of the action taken by the
						Board.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter B - INSTITUTION OF PROCEEDINGS › Section 89.51 - Grounds for institution of formal proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter B - INSTITUTION OF PROCEEDINGS › Section 89.52 - Petition for discipline

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Caption.
A petition for discipline shall be captioned as
					 follows:
BEFORE THE DISCIPLINARY BOARD OF THE SUPREME
						COURTOF PENNSYLVANIA
Office of Disciplinary
								Counsel,
:
Petitioner
:
Docket
vs.
:
James Roe,
:
No.
Respondent
:
:
(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.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter B - INSTITUTION OF PROCEEDINGS › Section 89.53 - Service of petition on respondent-attorney

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter B - INSTITUTION OF PROCEEDINGS › Section 89.54 - Answer

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter B - INSTITUTION OF PROCEEDINGS › Section 89.55 - No other pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
Pleadings shall be limited to a petition for discipline
						(or for reinstatement) and answer thereto.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter B - INSTITUTION OF PROCEEDINGS › Section 89.56 - Assignment for hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter B - INSTITUTION OF PROCEEDINGS › Section 89.57 - Scheduling of hearing and prehearing conference

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter B - INSTITUTION OF PROCEEDINGS › Section 89.58 - Notice of hearing and prehearing conference

Current through Register Vol. 54, No. 28, July 13, 2024
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).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA › Chapter 89 - FORMAL PROCEEDINGS › Subchapter C - HEARING PROCEDURES › CONFIDENTIALITY › Section 89.65 - Proceedings confidential

Current through Register Vol. 54, No. 28, July 13, 2024
Proceedings before a hearing committee or special
						  master shall be governed by Chapter 93 Subchapter F (relating to
						  confidentiality).