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 89.201 - Review by Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Upon receipt of a report and recommendation from
					 a hearing committee or special master, the Board shall, except as otherwise
					 provided in this rule, set the dates for submission of briefs and for oral
					 argument before the Board or a panel of at least three of its members
					 designated by the Chair.
(b)
Oral argument and briefs.
Enforcement Rule 208(d)(1) provides
					 that both parties shall have the right to submit briefs and to present oral
					 argument to a panel of at least three members of the Board, unless such right
					 has been waived in the manner provided by these rules.
(c)
Waiver
. If neither the
					 respondent-attorney nor the Office of Disciplinary Counsel objects to the
					 findings and recommendations of the hearing committee or special master, oral
					 argument and submission of briefs may be waived by stipulation, subject to
					 approval by the Board. A participant will be conclusively deemed to have waived
					 all objections to the findings and recommendations of the hearing committee or
					 special master and to have stipulated to the waiver of oral argument and
					 submission of briefs unless such participant files exceptions as provided in
					 subsection (d).
(d)
Procedure to except to report of hearing committee or special master.
Any participant desiring to object to the findings and
					 recommendations of a hearing committee or special master shall, within 20 days
					 after the service of a copy of a report or such other time as may be fixed by
					 the Board Chair, file exceptions to the report or part thereof in a brief
					 (designated "brief on exceptions"). "Briefs opposing exceptions" may be filed
					 in response to briefs on exceptions within 20 days after the filing of briefs
					 on exceptions or such other time as may be fixed by the Board Chair. No further
					 response will be entertained unless the Board, with or without motion, so
					 orders.
(e)
Oral argument.
Unless otherwise ordered by the Board, oral argument shall be deemed
					 waived unless expressly requested in a brief on exception or brief opposing
					 exceptions.
(f)
Participation by reviewing members
. Enforcement Rule 208(d)(1)
					 provides that members of the Board who have participated on a review panel
					 under §
											87.33 (relating to appeal by
					 Office of Disciplinary Counsel for modification of recommendation) or §
											87.34 (relating to review of
					 recommendation of private reprimand or public reprimand) shall not participate
					 in further consideration of the same matter or decision thereof on the merits
					 under this section. A Board member who pursuant to §
											89.32(b)
					 (relating to withdrawal of petition for discipline) denied an application for
					 leave to withdraw a petition for discipline shall not participate in the
					 consideration of or decision on the merits of that matter.