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 89 - FORMAL PROCEEDINGS › Subchapter F - REINSTATEMENT AND RESUMPTION OF PRACTICE › REINSTATEMENT OF FORMERLY ADMITTED ATTORNEYS › Section 89.280 - Notice of reinstatement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Publication of notice.
Enforcement Rule 218(h) provides that
						the Board may cause a notice of a reinstatement to be published in one or more
						appropriate legal journals and newspapers of general circulation. The cost of
						publication shall be assessed against the petitioner-attorney.
(b)
Transmission of notice to local
						president judge.
Enforcement Rule 218(i) provides that the Board when
						appropriate shall promptly transmit to the president judge of the court of
						common pleas in the judicial district in which the formerly admitted attorney
						practiced a copy of:
(1) a notice of any
						action by the Attorney Registration Office administratively reinstating an
						attorney to active status under Enforcement Rule 219(h); or
(2) Any other order of reinstatement entered
						under these rules.
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 F - REINSTATEMENT AND RESUMPTION OF PRACTICE › RESUMPTION OF PRACTICE › Section 89.285 - Resumption of practice by justices and judges on Judge Status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Conclusion of judicial service.
Enforcement Rule 219(j)(2)
						provides that at the conclusion of judicial service, an attorney holding judge
						status as set forth in Enforcement Rule 219(j)(1) shall:
(1) within 20 days, notify the Attorney
						Registration Office in writing of the conclusion of judicial service;
						and
(2) within 60 days, elect
						either active status or retired status.
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 G - PROBATION › Section 89.291 - Probation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Qualifications.
A respondent-attorney may be placed on
					 probation if the respondent-attorney has demonstrated that he or she:
(1) can perform legal services and the
					 continued practice of law by the respondent-attorney will not cause the courts
					 or profession to fall into disrepute;
(2) is unlikely to harm the public during the
					 period of probation and the necessary conditions of probation can be adequately
					 supervised; and
(3) is not guilty
					 of acts warranting disbarment.
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 G - PROBATION › Section 89.292 - Violation of probation

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 208(h) provides that:
(1) Where it appears that a
					 respondent-attorney who has been placed on probation has violated the terms of
					 the probation, Disciplinary Counsel may file a petition with the Board
					 detailing the violation and suggesting appropriate modification of the order
					 imposing the probation, including without limitation immediate suspension of
					 the respondent-attorney.
(2) A
					 hearing on the petition shall be held within ten business days before a member
					 of the Board designated by the Board Chair. If the designated Board member
					 finds that the order imposing probation should be modified, the following
					 procedures shall apply:
(i) If the order
					 imposing probation was entered by the Supreme Court, the designated Board
					 member shall submit a transcript of the hearing and a recommendation to the
					 Supreme Court within five business days after the conclusion of the hearing. A
					 copy of the transcript and recommendation shall be personally served upon the
					 respondent-attorney. The Court, or any justice thereof, may enter a rule
					 directing the respondent-attorney to show cause why the order imposing
					 probation should not be modified as set forth in the petition, which rule shall
					 be returnable within ten business days. If the period for response has passed
					 without a response having been filed, or after consideration of any response,
					 the Court may enter an order modifying as appropriate the order imposing
					 probation.
(ii) If the order
					 imposing probation was entered by the Board, the designated Board member shall
					 submit a transcript of the hearing and a recommendation to the Board within
					 five business days after the conclusion of the hearing. A copy of the
					 transcript and recommendation shall be personally served upon the
					 respondent-attorney along with a notice that the respondent-attorney may file a
					 response to the recommendation with the Board within ten business days. If the
					 period for response has passed without a response having been filed, or after
					 consideration of any response, the Board may enter an order modifying as
					 appropriate the probation previously ordered or directing the commencement of a
					 formal proceeding 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 G - PROBATION › Section 89.293 - Substance abuse probation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Probation in cases of alcohol or drug abuse
					 shall be governed by §
											89.291 (relating to probation)
					 and this section.
(b)
Relevance of substance abuse
. Alcohol or drug abuse may be
					 considered as a mitigating factor in determining appropriate discipline, but
					 shall not be a defense to a Petition for Discipline. For alcohol or drug abuse
					 to be considered as a mitigating factor, the respondent-attorney must prove, by
					 clear and convincing evidence, that alcohol or drug abuse by the
					 respondent-attorney was a factor in causing his or her misconduct. The
					 respondent-attorney may present expert testimony to satisfy that burden of
					 proof.
(c)
Sobriety
					 monitor
. In addition to the conditions required by §
											89.291(c)
					 (relating to conditions), an order placing a respondent-attorney on probation
					 in cases of alcohol or drug abuse shall appoint a sobriety monitor. The
					 sobriety monitor shall be an attorney admitted to practice law in this
					 Commonwealth, in good standing, and designated by the Drug and Alcohol
					 Committee of the Pennsylvania Bar Association. The sobriety monitor shall:
(1) monitor the compliance by the
					 respondent-attorney with the terms and conditions of the order imposing
					 probation;
(2) assist the
					 respondent-attorney in arranging any necessary professional or substance abuse
					 treatment;
(3) meet with the
					 respondent-attorney at least twice a month, and maintain weekly telephone
					 contact with the respondent-attorney;
(4) maintain direct contact with the
					 Alcoholics Anonymous or Narcotics Anonymous sponsor of the respondent-attorney
					 if the respondent-attorney participates in either of those programs;
(5) file with the Board Prothonotary
					 quarterly written reports; and
(6)
					 immediately report to the Board Prothonotary any violations by the
					 respondent-attorney of the terms and conditions of the probation.
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 G - PROBATION › Section 89.294 - Termination of Probation

Current through Register Vol. 54, No. 28, July 13, 2024
Probation shall terminate upon the filing of the final
						quarterly report and upon the expiration of the fixed period of probation,
						unless:
(a) The conditions of
					 probation have been violated or have not been met;
(b) all costs of the proceedings as
					 previously ordered by the Supreme Court or the Board have not been paid;
					 or
(c) formal proceedings for
					 discipline are pending against the 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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › IN GENERAL › Section 91.1 - Substituted service

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 212 provides that in the event a
						  respondent-attorney cannot be located and personally served with notices
						  required under the Enforcement Rules and these rules, such notices may be
						  served upon the respondent-attorney by addressing them to the address furnished
						  in the last registration form filed by the respondent-attorney in accordance
						  with §
												93.142 (relating to filing of
						  annual registration form by attorneys) or, in the case of foreign legal
						  consultant, by serving them pursuant to the designation filed by the foreign
						  legal consultant under Pennsylvania Bar Admission Rule 341 (relating to
						  licensing of foreign legal consultants).
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › IN GENERAL › Section 91.2 - Subpoenas and investigations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 213(a) provides that:
(1) At any stage of an investigation, both
						Disciplinary Counsel and a respondent-attorney shall have the right to summon
						witnesses before a hearing committee or special master and require production
						of records before the same by issuance of subpoenas.
(2) Before assignment of a matter to a
						hearing committee or special master, Disciplinary Counsel shall have the right
						to require production of records by issuance of subpoenas which shall be
						returnable to the office of Disciplinary Counsel in which the investigation is
						being conducted; and that the respondent-attorney shall have the right, upon
						request and payment of appropriate duplicating costs, to receive copies of the
						records produced.
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › IN GENERAL › Section 91.3 - Determination of validity of subpoena

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
In general.
Enforcement Rule 213(d) provides that any attack
						on the validity of a subpoena issued under these rules shall be handled as
						follows:
(1) A challenge to a subpoena
						authorized by §
													91.2(a)(1)
						(relating to subpoenas and investigations) shall be heard and determined by the
						hearing committee or special master before whom the subpoena is returnable in
						accordance with the procedure established by the Board in subsection
						(b).
(2) A challenge to a subpoena
						authorized by §
													91.2(a)(2) shall
						be heard and determined by a member of a hearing committee in the disciplinary
						district in which the subpoena is returnable in accordance with the procedure
						established by the Board in subsection (b).
(3) A determination under paragraph (1) or
						(2) may be appealed to a lawyer-Member of the Board within ten days after
						service pursuant to §§
													89.21(a) and
						89.24 of the determination on the
						party bringing the appeal by filing a petition with the Board setting forth in
						detail the grounds for challenging the determination. The appealing party shall
						serve a copy of the petition on the non-appealing party by mail on the date
						that the appealing party files the appeal, and the non-appealing party shall
						have five business days after delivery to file a response. No attack on the
						validity of a subpoena will be considered by the Designated lawyer-Member of
						the Board unless previously raised before the hearing committee or special
						master. The Board Member shall decide the appeal within five business days of
						the filing of the non-appealing party's response, if any. There shall be no
						right of appeal to the Supreme Court. Any request for review shall not serve to
						stay any hearing or proceeding before the hearing committee, special master or
						the Board unless the Court enters an order staying the
						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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › IN GENERAL › Section 91.4 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 213(g) provides that:
(1) Either Disciplinary Counsel or a
						respondent-attorney may petition the Supreme Court to enforce a subpoena that
						was not the subject of a challenge pursuant to paragraphs (a)(1) and (2) of §
												91.3 (relating to validity of
						subpoena) or that was the subject of a challenge and has not been finally
						quashed by either the hearing committee or the Board Member designated to hear
						the appeal, provided that the party filing the petition to enforce attaches a
						certification in good faith that: a) the party exhausted reasonable efforts to
						secure the presence of the witness or the evidence within the witness's custody
						or control, b) the testimony, records or other physical evidence of the witness
						will not be cumulative of other evidence available to the party, and c) the
						absence of the witness will substantially handicap the party from prosecuting
						or defending the charges, or from establishing a weighty aggravating or
						mitigating factor. If the object of a petition to enforce is a subpoena
						directed to the respondent-attorney for, in whole or in part, production
						pursuant to Enforcement Rule 221(g)(2) of required records under RPC 1.15(c)
						and Enforcement Rule 221(e), no certification will be required for the subpoena
						or portion thereof that pertains to the required records. See also §
												91.151(e)
						(relating to contempt of the Board).
(2) Upon receipt of a petition for
						enforcement of a subpoena, the Court shall issue a rule to show cause upon the
						person to whom the subpoena is directed, returnable within ten days, why the
						person should not be held in contempt. If the subpoena is directed to a
						respondent-attorney for production of required records and the
						respondent-attorney has not produced the records, the Court shall issue upon
						the respondent-attorney a rule to show cause why the respondent-attorney should
						not be placed on temporary suspension for failing to produce the records. If
						the period for response has passed without a response having been filed, or
						after consideration of any response, the Court shall issue an appropriate
						order.
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › IN GENERAL › Section 91.5 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
						rule
. Enforcement Rule 213(c) provides that:
(1) A subpoena issued under these rules shall
						clearly indicate on its face that the subpoena is issued in connection with a
						confidential investigation under the Enforcement Rules, and that it is regarded
						as contempt of the Supreme Court or grounds for discipline under the
						Enforcement Rules for a person subpoenaed to in any way breach the
						confidentiality of the investigation.
(2) It shall not be regarded as a breach of
						confidentiality for a person subpoenaed to consult with an attorney.
(3) The subpoena and deposition procedures
						under these rules shall be subject to the confidentiality requirements of
						Chapter 93 Subchapter F (relating to confidentiality).
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › IN GENERAL › Section 91.6 - Discovery procedures inapplicable

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 213(h) provides that any rule of the
						  Supreme Court or any statute providing for discovery shall not be applicable in
						  disciplinary proceedings, which proceedings shall be governed by the
						  Enforcement Rules alone.
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › IN GENERAL › Section 91.7 - Production of testimony and documents for use in disciplinary proceedings in other jurisdictions

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 213(i) provides that:
(1) The Supreme Court may order a person
						domiciled or found within this Commonwealth to give testimony or a statement or
						to produce documents or other things for use in a lawyer discipline or
						disability proceeding in another state, territory or province or in a court of
						the United States or any other jurisdiction.
(2) The order may be made upon the
						application of any interested person or in response to a letter rogatory, and
						may prescribe the practice and procedure, which may be wholly or in part the
						practice and procedure of a tribunal outside this Commonwealth, for the taking
						of the testimony or statement or producing the documents or other things. To
						the extent that the order does not prescribe otherwise, the practice and
						procedure shall be in accordance with the applicable provisions of this
						subpart. The order may direct that the testimony or statement be given, or
						document or other thing be produced, before a person appointed by the Court or
						before a commissioner appointed by a court or by an authorized disciplinary
						agency of another jurisdiction, any of whom shall have the power to administer
						any necessary oath.
(3) Any order
						to testify or to produce documents or other things issued as prescribed in this
						section may be enforced as any subpoena of the Supreme Court is enforced, upon
						petition of any party interested in the subject attorney discipline or
						disability proceeding.
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › DEPOSITIONS › Section 91.11 - Depositions

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 213(f) provides that with the approval
						  of the hearing committee or special master, testimony may be taken by
						  deposition or by commission if the witness is not subject to service of
						  subpoena or is unable to attend or testify at the hearing because of age,
						  illness or other compelling reason, and that a complete record of the testimony
						  so taken shall be made and preserved.
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › DEPOSITIONS › Section 91.12 - Notice and application

Current through Register Vol. 54, No. 28, July 13, 2024
Unless notice is waived, no deposition shall be taken
						  except after at least ten days' notice to the participants if the deposition is
						  to be taken within this Commonwealth, and 15 days' notice when a deposition is
						  to be taken elsewhere. Such notice shall be given in writing (Form DB-16)
						  (Notice of Deposition) by the participant proposing to take such deposition to
						  the other participants and to the hearing committee or special master. In such
						  notice and application to take evidence by deposition, the participant desiring
						  to take the deposition shall state the name and post office address of the
						  witness, the subject matter concerning which the witness is expected to
						  testify, the time and place of taking the deposition, the name and post office
						  address of the notarial officer before whom it is desired that the deposition
						  be taken, and the reason why such deposition should be taken. The other
						  participants may, within the time stated in this section, make any appropriate
						  response to such notice and application.
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › DEPOSITIONS › Section 91.13 - Authorization of taking deposition

Current through Register Vol. 54, No. 28, July 13, 2024
If an application for the taking of a deposition so
						  warrants, the hearing committee or special master will issue and serve, within
						  a reasonable time in advance of the time fixed for taking testimony, upon the
						  participants an authorization on Form DB-17 (Authorization to Take Deposition)
						  naming the witness whose deposition is to be taken, and the time, place and
						  notarial officer before whom the witness is to testify, but such time, place
						  and notarial officer so specified may or may not be the same as those named in
						  the Form DB-16. (Notice of Deposition).
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › DEPOSITIONS › Section 91.14 - Officer before whom deposition is taken

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Within the United
						States.
Depositions may be taken before the hearing committee or
						special master, any notary public or any other person authorized to administer
						oaths not being counsel for any of the participants, or interested in the
						proceeding or investigation, according to such designation as may be made in
						the Form DB-17 (Authorization to take Deposition).
(b)
In foreign countries.
Where such deposition is taken in a foreign country, it may be taken before a
						secretary of an embassy or legation, consul general, consul, vice consul or
						consular agent of the United States, or before such person or officer as may be
						designated in the Form DB-17 or agreed upon by the participants by stipulation
						in writing filed with and approved by the hearing committee or special
						master.
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › DEPOSITIONS › Section 91.15 - Oath and reduction to writing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Every person whose testimony is taken by
						deposition shall be sworn, or shall affirm concerning the matter about which
						such person shall testify, before any questions are put or testimony given. The
						testimony shall be reduced to writing by, or under the direction of, the
						notarial officer. When the testimony is fully transcribed the deposition shall
						be submitted to the witness for inspection and signing and shall be read to or
						by the witness and shall be signed by the witness, unless the inspection,
						reading and signing are waived by the witness and by all participants who
						attended the taking of the deposition, or the witness is ill or cannot be found
						or refuses to sign. Any changes in form or substance which the witness desires
						to make shall be entered upon the deposition by the notarial officer with a
						statement of the reasons given by the witness for making the changes. If the
						deposition is not signed by the witness, the notarial officer shall certify it
						in the usual form and state on the record the fact of the waiver or of the
						illness or absence of the witness or the refusal to sign together with the
						reason, if any, given therefor; and the deposition may then be used as fully as
						though signed, unless the hearing committee, special master or the Board holds
						that the reasons given for the refusal to sign require rejection of the
						deposition in whole or in part.
(b)
Transmission
. Unless otherwise directed in the Form DB-17
						(Authorization to take Deposition), after the deposition has been certified, it
						shall, together with the number of copies specified in the authorization, the
						copies being made by, or under the direction of, such notarial officer, be
						forwarded by such notarial officer in a sealed envelope addressed to the
						Executive Office at the address set forth in §
												85.6 (relating to location of
						Executive Office), with sufficient stamps for postage affixed. Upon receipt
						thereof, the Board Prothonotary shall file the original in the proceeding and
						shall forward a copy to each participant and to each member of the hearing
						committee or the special master conducting the proceeding.
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › DEPOSITIONS › Section 91.16 - Scope and conduct of examination

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise directed in the Form DB-17
						  (Authorization to take Deposition), the deponent may be examined regarding any
						  matter not privileged which is relevant to the subject matter of the
						  proceedings. Participants shall have the right of cross-examination, objection
						  and exception. In making objections to questions or evidence, the grounds
						  relied upon shall be stated briefly, but no transcript filed by the notarial
						  officer shall include argument or debate. Objections to questions or evidence
						  shall be noted by the notarial officer upon the deposition, but the notarial
						  officer shall not have the power to decide on the competency of a witness or
						  the relevancy or materiality of evidence. Objections to the competency of a
						  witness or to the relevancy, or materiality of the testimony are not waived by
						  failure to make them before or during the taking of the deposition, unless the
						  ground of the objection is one which was known to the objecting party and which
						  might have been obviated or removed if made at that time.
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › DEPOSITIONS › Section 91.17 - Status of deposition as part of record

Current through Register Vol. 54, No. 28, July 13, 2024
No part of a deposition shall constitute a part of the
						  record in the proceeding, unless offered in evidence before the hearing
						  committee or special master. At the hearing, any part or all of a deposition,
						  so far as admissible under the rules of evidence applied as though the witness
						  were then present and testifying, may be used against any participant who was
						  present or represented at the taking of the deposition or who had notice
						  thereof. If only part of a deposition is offered in evidence by a participant,
						  a participant with an adverse interest may require the offering participant to
						  introduce any other part which ought in fairness to be considered with the part
						  introduced, and any participant may introduce any other parts. The introduction
						  in evidence of the deposition or any part thereof for any purpose other than
						  contradicting or impeaching the deponent, makes the deponent the witness of the
						  party introducing the deposition.
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 91 - MISCELLANEOUS MATTERS › Subchapter A - SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS › DEPOSITIONS › Section 91.18 - Fees of officers and deponents

Current through Register Vol. 54, No. 28, July 13, 2024
Deponents whose depositions are taken and the notarial
						  officers taking such depositions shall be entitled to the same fees as are paid
						  for like services in the courts of common pleas, which fees shall be paid by
						  the participant at whose instance the depositions are taken.
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 91 - MISCELLANEOUS MATTERS › Subchapter B - ATTORNEYS CONVICTED OF CRIMES › Section 91.31 - Notification by attorneys convicted of crimes

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 214(a) provides that an attorney
						convicted of a crime shall report the fact of such conviction within 20 days to
						the Office of Disciplinary Counsel; and that the responsibility of the attorney
						to make such report shall not be abated because the conviction is under appeal
						or the clerk of the court has transmitted a certificate to Disciplinary Counsel
						pursuant to §
											91.32 (relating to notification
						by clerks of conviction of 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 91 - MISCELLANEOUS MATTERS › Subchapter B - ATTORNEYS CONVICTED OF CRIMES › Section 91.32 - Notification by clerks of conviction of attorneys

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 214(b) provides that the clerk of any
						court within the Commonwealth in which an attorney is convicted of any crime,
						or in which any such conviction is reversed, shall within 20 days after such
						disposition transmit a certificate thereof to Disciplinary Counsel, who shall
						file such certificate with the Supreme Court.
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 91 - MISCELLANEOUS MATTERS › Subchapter B - ATTORNEYS CONVICTED OF CRIMES › Section 91.33 - Notification by Office of Disciplinary Counsel of conviction of attorneys

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 214(c) provides that upon being advised
						that an attorney has been convicted of a crime, Disciplinary Counsel shall
						secure and file a certificate of such conviction with the Supreme
						Court.
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 91 - MISCELLANEOUS MATTERS › Subchapter B - ATTORNEYS CONVICTED OF CRIMES › Section 91.35 - Institution of formal proceedings upon conviction of a crime

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 214(f)(1) provides that upon the filing of a certificate of
					 conviction of an attorney for a crime, Disciplinary Counsel may commence either
					 an informal proceeding under Chapter 87 (relating to investigations and
					 informal proceedings) or a formal proceeding under Chapter 89 Subchapter B
					 (relating to institution of formal proceedings), except that Disciplinary
					 Counsel may institute a formal proceeding before a hearing committee or special
					 master by filing a petition for discipline under §
											89.52 (relating to petition for
					 discipline) without seeking approval for the prosecution of formal charges
					 under Chapter 87 Subchapter B (relating to review of recommended disposition by
					 reviewing hearing committee member). If a petition for discipline is filed, a
					 hearing on the petition shall be deferred until sentencing and all direct
					 appeals from the conviction have been concluded. The sole issue at the hearing
					 shall be the extent of the discipline or, where the Court has temporarily
					 suspended the attorney under §
											91.34(c), the
					 final discipline to be imposed.
(b)
Accelerated disposition.
Enforcement Rule 214(f)(2) provides
					 that:
(1) notwithstanding the provision of
					 subsection (a) that a hearing shall not be held until sentencing and all
					 appeals from a conviction have been concluded, a respondent-attorney who has
					 been temporarily suspended pursuant to
					 91.34 shall have the right to
					 request an accelerated disposition of the charges which form the basis for the
					 temporary suspension by filing a notice with the Board Prothonotary and
					 Disciplinary Counsel requesting accelerated disposition;
(2) within 30 days after filing of such a
					 notice, Disciplinary Counsel shall file a petition for discipline, if such a
					 petition has not already been filed, and the matter shall be assigned to a
					 hearing committee for accelerated disposition;
(3) the assignment to a hearing committee
					 shall take place within seven days after the filing of such a notice or the
					 filing of a petition for discipline, whichever occurs later;
(4) thereafter the matter shall proceed and
					 be concluded by the hearing committee, the Board and the Court without
					 appreciable delay; and
(5) if a
					 petition for discipline is not timely filed or assigned to a hearing committee
					 for accelerated disposition under this subsection (b), the order of temporary
					 suspension shall be automatically dissolved, but without prejudice to any
					 pending or further proceedings under this Subchapter B.
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 91 - MISCELLANEOUS MATTERS › Subchapter B - ATTORNEYS CONVICTED OF CRIMES › Section 91.36 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 91 - MISCELLANEOUS MATTERS › Subchapter B - ATTORNEYS CONVICTED OF CRIMES › Section 91.36 - Effect of reversal of conviction

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.
					 Enforcement Rule 214(g) provides that an attorney suspended under the
					 provisions of §
											91.34 (relating to temporary
					 suspension upon conviction of a crime) may be reinstated immediately upon the
					 filing by the Board with the Supreme Court of a certificate demonstrating that
					 the underlying conviction has been reversed, but that the reinstatement shall
					 not terminate any formal proceeding then pending against the
					 attorney.
(b) Service on Board of
					 the Pennsylvania Lawyers Fund for Client Security. A copy of the certificate
					 filed by the Board with the Supreme Court under subdivision (a) shall be served
					 on the Board of the Pennsylvania Lawyers Fund for Client Security.
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 91 - MISCELLANEOUS MATTERS › Subchapter B - ATTORNEYS CONVICTED OF CRIMES › Section 91.37 - Definition of "crime."

Current through Register Vol. 54, No. 28, July 13, 2024
As Enforcement Rule 214(h) provides and as used in this
						Subchapter B, the term "crime" means an offense that is punishable by
						imprisonment in the jurisdiction of conviction, whether or not a sentence of
						imprisonment is actually imposed; and, notwithstanding any other provision of
						subdivision (h) of Enforcement Rule 214 or this rule, the term "crime" shall
						include criminal contempt, whether direct or indirect, and without regard to
						the sentence that may be imposed or that is actually imposed. It does not
						include parking violations or summary offenses, both traffic and non-traffic,
						unless a term of imprisonment is actually imposed.
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 91 - MISCELLANEOUS MATTERS › Subchapter B - ATTORNEYS CONVICTED OF CRIMES › Section 91.38 - Definition of "conviction."

Current through Register Vol. 54, No. 28, July 13, 2024
As Enforcement Rule 214(i) provides and as used in this
						Subchapter B, the term "conviction" means any guilty verdict, whether after
						trial by judge or jury, or finding of guilt, and any plea of guilty or
nolo contendere
that has been accepted by the court, whether
						or not sentence has been imposed.
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 91 - MISCELLANEOUS MATTERS › Subchapter C - RECIPROCAL DISCIPLINE AND DISABILITY › Section 91.51 - Reciprocal discipline

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 216 provides as follows:
(1) Upon receipt of a certified copy of a
					 final adjudication of any court or any body authorized by law or by rule of
					 court to conduct disciplinary proceedings against attorneys by any state or
					 territory of the United States or of the District of Columbia, a United States
					 court, or a federal administrative agency or a military tribunal demonstrating
					 that an attorney admitted to practice in this Commonwealth has been disciplined
					 by suspension, disbarment, revocation of license or pro hac vice admission, or
					 has resigned from the bar or otherwise relinquished his or her license to
					 practice while under disciplinary investigation in another jurisdiction or has
					 been transferred to disability inactive status, the Supreme Court shall
					 forthwith issue a notice (Form DB-19) (Notice of Reciprocal Discipline)
					 directed to the respondent-attorney containing:
(i) A copy of the final adjudication
					 described in subdivision (1).
(ii)
					 An order directing that the respondent-attorney inform the Court within 30 days
					 from service of the notice, of any claim by the respondent-attorney that the
					 imposition of the identical or comparable discipline or disability inactive
					 status in the Commonwealth would be unwarranted, and the reasons therefore. The
					 Executive Office shall cause this notice to be served upon the
					 respondent-attorney by mailing it to the address furnished by the
					 respondent-attorney in the last registration form filed by such person in
					 accordance with §
												93.142 (relating to filing of
					 annual registration form by attorneys) or, in the case of a foreign legal
					 consultant, by serving it pursuant to the designation filed by the foreign
					 legal consultant under Pennsylvania Bar Admission Rule 341 (relating to
					 licensing of foreign legal consultants).
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 91 - MISCELLANEOUS MATTERS › Subchapter D - DISABILITY › Section 91.70 - Preliminary provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definition.
Enforcement Rule 301(k) provides that, as used in
					 this subchapter, the term "disabled attorney" means an attorney transferred to
					 disability inactive status under this subchapter.
(b)
Cross reference
. See
					 Enforcement Rule 601(a) which suspends the act of July 9, 1976 (P. L. 817, No.
					 143), known as the Mental Health Procedures Act, to the extent it is
					 inconsistent with the Enforcement Rules.
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 91 - MISCELLANEOUS MATTERS › Subchapter D - DISABILITY › Section 91.71 - Notification by clerks of declaration of incapacity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Duty to report.
Enforcement Rule 301(a) provides that the clerk of any court within this
					 Commonwealth that declares that an attorney is incapacitated or that orders
					 involuntary treatment of an attorney on the grounds that the attorney is
					 severely mentally disabled or that denies a petition for review of a
					 certification by a mental health review officer subjecting an attorney to
					 involuntary treatment shall within 24 hours of such disposition transmit a
					 certificate thereof to Disciplinary Counsel, who shall file such certificate
					 with the Supreme Court by means of Form DB-20 (Certificate of Judicial
					 Determination of Incompetency of Attorneys).
(b)
Local procedures.
The
					 Official Note to Enforcement Rule 301(a) provides that it is the responsibility
					 of each local court to adopt any necessary procedures so that mental health
					 officers and individual judges notify the clerk of the court that the
					 respondent in a matter is an attorney and that a certificate must accordingly
					 be sent to Disciplinary Counsel under this section.
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 91 - MISCELLANEOUS MATTERS › Subchapter D - DISABILITY › Section 91.72 - Notification by Office of Disciplinary Counsel of declaration of incapacity

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 301(b) provides that upon being advised
						that an attorney has been declared incapacitated or involuntarily committed to
						an institution on the grounds of incapacity or severe mental disability,
						Disciplinary Counsel shall secure and file a Form DB-20 (Certificate of
						Judicial Determination of Incompetency of Attorney) in accordance with the
						provisions of §
											91.71 (relating to notification
						by clerks of declaration of incapacity); and that if the declaration of
						incapacity or commitment occurred in another jurisdiction, it shall be the
						responsibility of Disciplinary Counsel to secure and file a certificate of such
						declaration or commitment.
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 91 - MISCELLANEOUS MATTERS › Subchapter D - DISABILITY › Section 91.73 - Attorney subject to judicial determination of incapacity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Transfer to inactive
					 status.
Enforcement Rule 301(c) provides that where an attorney has
					 been judicially declared incapacitated or involuntarily committed on the
					 grounds of incapacity or severe mental disability, the Supreme Court, upon
					 proper proof of the fact, shall enter an order transferring such attorney to
					 disability inactive status effective immediately and for an indefinite period
					 until the further order of the Court; and that a copy of such order shall be
					 served upon such formerly admitted attorney, the guardian of such person,
					 and/or the director of the institution to which such person has been committed
					 in such manner as the Court may direct.
(b)
Summary reinstatement.
Where an attorney has been transferred to disability inactive status by an
					 order in accordance with the provisions of subdivision (a) and, thereafter, in
					 proceedings duly taken, the person is judicially declared to be competent, the
					 Supreme Court upon application may dispense with further evidence that the
					 disability has been removed and may direct reinstatement to active status upon
					 such terms as are deemed proper and advisable.
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 91 - MISCELLANEOUS MATTERS › Subchapter D - DISABILITY › Section 91.74 - Petition by Board for determination of professional competency

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 301(d) provides that whenever the Board
						shall petition the Supreme Court 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, the Court may take
						or direct such action as it deems necessary or proper to determine whether the
						attorney is so incapacitated, including the examination of the attorney by such
						qualified medical experts as the Court shall designate; that if, upon due
						consideration of the matter, the Court concludes that the attorney is
						incapacitated from continuing to practice law, it shall enter an order
						transferring the attorney to disability inactive status on the ground of such
						disability for an indefinite period and until the further order of the Court;
						that if examination of a respondent-attorney by a qualified medical expert
						reveals that the respondent lacks the capacity to aid effectively in the
						preparation of a defense, the Court may order that any pending disciplinary
						proceeding against the respondent shall be held in abeyance except for the
						perpetuation of testimony and the preservation of documentary evidence; that
						the order of abatement may provide for reexaminations of the
						respondent-attorney at specified intervals or upon motion by Disciplinary
						Counsel; and that the Court shall provide for such notice to the
						respondent-attorney of proceedings in the matter as it deems proper and
						advisable and may appoint counsel to represent the respondent if the respondent
						is without adequate representation.