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 › COMPLAINTS › Section 87.9 - Office of Disciplinary Counsel action

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Dismissal of the
						complaint
.If the district office or Chief Disciplinary Counsel or his
						or her designee, determines that the complaint should be dismissed under §
												87.8(b)(1), (2), (3), (4) or
						(5) (relating to district office action or
						recommendation), the Office of Disciplinary Counsel shall notify the
						complainant of such disposition by letter and close the file on the matter.
						Wherever possible, the Office of Disciplinary Counsel shall advise the
						complainant that he or she maybring the matter to the attention of the
						authorities of the appropriate jurisdiction, to another agency or jurisdiction
						that has disciplinary authority over the respondent-attorney, to any fee
						disputes committee which may have been established for the county involved, to
						a criminal prosecution agency, or to any other duly constituted body which may
						be able to provide forum for the consideration of the grievance. Where the
						respondent-attorney has been previously notified of the pendency of the
						complaint by means of Form DB-7 (Request for Statement of Respondent's
						Position) or otherwise, the Office of Disciplinary Counsel notify the
						respondent-attorney of the dismissal and may transmit a copy of the dismissal
						letter to the respondent-attorney.
(b)
Other cases
. In all
						other cases the Office of Disciplinary Counsel shall forward to the Executive
						Office a request for the assignment of a Reviewing Hearing Committee
						Member.
(c)
Review of
						dismissed complaints.
The Office of Disciplinary Counsel will review
						complaints dismissed under subsection (a) of this section upon request of the
						complainant. The request shall be in writing and submitted to the Disciplinary
						Counsel-in-Charge of the district office that dismissed the complaint. The
						request should specify the reason or reasons why Office of Disciplinary Counsel
						should reopen the investigation under §
												87.6 and include any evidence
						that was not previously brought to the attention of Disciplinary Counsel. The
						Disciplinary Counsel-in-Charge or designated Disciplinary Counsel who concurred
						in the recommendation to dismiss the complaint pursuant to §
												87.8(c) shall
						conduct the review and notify the complainant in writing of the decision to
						grant or deny the request. Where the request is denied by the Disciplinary
						Counsel-in-Charge, the complainant may direct a written request for further
						review to the Chief Disciplinary Counsel or his or her designee. The decision
						of the Chief Disciplinary Counsel or the designee shall be final for purposes
						of this subsection.
(d)
No
						right to appeal.
A complainant shall have no right to appeal the
						dismissal or any other disposition of a complaint under §
												87.8 (relating to district office
						action or recommendation) or a final decision under paragraph (c) of this
						subsection to deny a request to reopen the investigation.