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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter B - THE DISCIPLINARY BOARD › Section 93.23 - Powers and duties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 205(c) provides that the Board
					 shall have the power and duty:
(1) To
					 consider the conduct of any person subject to the Enforcement Rules after
					 investigation by Disciplinary Counsel pursuant to Enforcement Rule 207(b)(1).
					 Complaints filed directly with the Board shall be forwarded to Chief
					 Disciplinary Counsel for assignment to a district office.
(2) To appoint an Executive Director, a Chief
					 Disciplinary Counsel, Legal Counsel and such staff as may from time to time be
					 required to properly perform the functions prescribed in the Enforcement
					 Rules.
(3) To appoint not less than
					 18 hearing committee members within each disciplinary district.
(4) To assign special masters pursuant to
					 Enforcement Rule 206(d).
(5) To
					 assign formal charges or the conduct of an investigatory hearing to a hearing
					 committee or special master, and to assign a reinstatement petition to a
					 hearing committee.
(6) To review
					 the conclusions of hearing committees and special masters with respect to
					 formal charges or petitions for reinstatement, and to prepare and forward its
					 own findings and recommendations, together with the record of the proceeding
					 before the hearing committee or special master, to the Supreme Court.
(7) To assign:
(i) hearing committee members to review and
					 approve or modify recommendations by Disciplinary Counsel for dismissals,
					 informal admonitions, private reprimands, public reprimands and institution of
					 formal charges;
(ii) senior or
					 experienced hearing committee members to hear and determine attacks on the
					 validity of subpoenas issued pursuant to 91.2 (relating to subpoenas and
					 investigations), as provided in 91.3(a)(2) (relating to determination of
					 validity of subpoenas); or
(iii)
					 senior or experienced hearing committee members to consider a petition for
					 reinstatement to active status from retired or inactive status, or
					 administrative suspension, under 89.273(b) (relating to procedures for
					 reinstatement).
(8) To
					 review, through a designated panel of three members, and approve or modify a
					 determination by a reviewing hearing committee member that a matter should be
					 concluded by dismissal, private informal admonition, private reprimand, public
					 reprimand or the institution of formal charges before a hearing
					 committee.
(9) To review, through a
					 designated panel of three members, and approve or reject a joint petition in
					 support of discipline on consent filed with the Board pursuant to Enforcement
					 Rule 215(d).
(10) To review,
					 through a single member designated by the Board Chair, and approve or reject a
					 certification filed by Disciplinary Counsel under Enforcement Rule
					 218(d)(2)(ii) indicating that Disciplinary Counsel has determined that there is
					 no impediment to reinstatement of the petitioner, and to issue the report and
					 recommendation required by subdivision (d) of Enforcement Rule 218.
(11) To administer, by the Board or through a
					 designated panel of three members selected by the Board Chair, private
					 reprimands or public reprimands to attorneys for misconduct.
(12) To adopt rules of procedure not
					 inconsistent with the Enforcement Rules. Such rules may provide for the
					 delegation to the Board Chair or the Vice-Chair of the power to act for the
					 Board on administrative and procedural matters.
(13) To cause testimony relating to the
					 conduct of formerly admitted attorneys to be perpetuated.
(14) To petition the Court under 91.74
					 (relating to petition by Board for determination of professional competency) to
					 determine whether an attorney is incapacitated from continuing the practice of
					 law by reason of mental infirmity or illness or because of addiction to drugs
					 or intoxicants, and to retain counsel other than Disciplinary Counsel to
					 represent the Board in such proceedings when the Board considers such separate
					 representation to be appropriate.
(15) To recommend the temporary suspension of
					 a respondent-attorney pursuant to Enforcement Rule 208(f)(5) (relating to
					 emergency temporary suspension orders and related relief).
(16) To decide, through the Board Chair, the
					 Vice-Chair, or a designated lawyer-member of the Board, an interlocutory appeal
					 to the Board when such appeal is permitted by the Enforcement Rules, these
					 rules, or other law.
(17) To
					 authorize the use of electronic means to conduct prehearing conferences and
					 post-hearing proceedings before a hearing committee, special master or the
					 Board, but all adjudicatory proceedings shall be conducted in person unless
					 warranted by extraordinary circumstances. Witness testimony may be presented
					 via advanced communication technology (ACT)upon motion for cause shown. All
					 proceedings shall be conducted in accordance with Board Rules, Enforcement
					 Rules and the decisional law of the Court and the Board.
(18) To establish, assess and collect:
(i) the necessary expenses incurred in the
					 investigation and prosecution of a proceeding that results in the imposition of
					 discipline, or the investigation and processing of a petition for reinstatement
					 and in any proceeding resulting therefrom;
(ii) late payment penalties under Enforcement
					 Rule 219(f)(1) for failure to timely complete annual registration;
					 and
(iii) administrative fees for
					 status changes where a petition for reinstatement is not
					 required.
(19) To assess
					 and collect reinstatement filing fees, administrative fees based on the
					 imposition of a type of discipline or transfer to disability inactive status
					 under Enforcement Rule 301(e), and penalties on unpaid taxed expenses and
					 administrative fees.
(20) To
					 establish, charge and collect a collection fee for any payment under paragraphs
					 (18) and (19) that has been returned to the Board unpaid.
(21) To exercise the powers and perform the
					 duties vested in and imposed upon the Board by law.