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 D - ACTION BY BOARD AND SUPREME COURT › Section 89.205 - Informal admonition, private reprimand or public reprimand following formal hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 208(d)(2)(ii) provides that in
					 the event that the Board determines that the proceeding should be concluded by
					 informal admonition, private reprimand, or public reprimand, the Board shall
					 arrange to have the respondent-attorney appear in person before Disciplinary
					 Counsel for the purpose of receiving informal admonition or before a designated
					 panel of three members selected by the Board Chair pursuant to Enforcement Rule
					 205(c)(11) for the purpose of receiving private reprimand or public reprimand,
					 in which case the designated member shall deliver the private reprimand or
					 public reprimand. If the matter is concluded by private discipline,
					 Disciplinary Counsel shall notify the complainant in writing of the disposition
					 in conformance with the provisions of
					 87.51(a)(1)
					 (relating to notification of disposition of complaint) of these
					 Rules.
(b)
Taxation of
					 expenses.
Enforcement Rule 208(g)(2) provides that in the event a
					 proceeding is concluded by informal admonition, private reprimand, or public
					 reprimand, the Board in its discretion may direct that the necessary expenses
					 incurred in the investigation and prosecution of the proceeding shall be paid
					 by the respondent-attorney, and that all expenses so taxed shall be paid by the
					 respondent-attorney within 30 days after the date of the entry of the order
					 taxing the expenses against the respondent-attorney. The expenses taxable under
					 this subsection shall be those prescribed by
					 93.111 (relating to determination
					 of reimbursable expenses).
(c)
Notice to appear.
(1) In the
					 event that the Board determines that the proceeding should be concluded by
					 public reprimand, the Executive Office shall notify the respondent-attorney and
					 staff counsel by means of Form DB-12.2 (FP) (Notice to Appear for Public
					 Reprimand Following Formal Proceedings) which shall state that Enforcement Rule
					 203(b)(2) and (c) expressly provides that willful failure to appear before the
					 Board for public reprimand shall be an independent ground for discipline and
					 that the Board is a "tribunal" within the meaning of the Disciplinary Rules
					 (see, e.g., Rules 3.3, 3.4(c), and 3.5).
(2) In the event that the Board determines
					 that the proceeding should be concluded by private reprimand, the Executive
					 Office shall notify the respondent-attorney and staff counsel by means of Form
					 DB-12(FP) (Notice to Appear for Private Reprimand Following Formal Proceedings)
					 which shall state that Enforcement Rule 203(b)(2) and (c) expressly provides
					 that willful failure to appear before the Board for private reprimand shall be
					 an independent ground for discipline and that the Board is a "tribunal" within
					 the meaning of the Disciplinary Rules (see, e.g., Rules 3.3, 3.4(c), and
					 3.5).
(3) In the event that the
					 Board determines that the proceeding should be concluded by informal
					 admonition, the Office of Disciplinary Counsel shall notify the
					 respondent-attorney and staff counsel by means of Form DB-12.1(FP) (Notice to
					 Appear for Informal Admonition Following Formal Proceedings), which shall state
					 that Enforcement Rule 203(b)(2) and (c) expressly provides that willful failure
					 to appear before Disciplinary Counsel for informal admonition shall be an
					 independent ground for discipline and that Disciplinary Counsel, when
					 administering informal admonitions, constitutes a "tribunal" within the meaning
					 of the Disciplinary Rules (see, e.g., Rules 3.3, 3.4(c), and 3.5).
(4) The Finance Office shall notify the
					 respondent-attorney of the expenses of the proceeding which have been taxed
					 pursuant to subsection (b) by means of a Notice of Taxation of Expenses, which
					 shall state that if the respondent-attorney fails to pay the taxed expenses
					 within 30 days after the date of the entry of the order taxing such expenses,
					 action will be taken by the Board pursuant to
					 93.112 (relating to failure to
					 pay taxed expenses) which will result in the entry of an order placing the
					 respondent-attorney on administrative suspension.