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 C - HEARING PROCEDURES › ABBREVIATED PROCEDURE › Section 89.181 - Abbreviated procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
At the conclusion of the hearing, it may be obvious to
						all participants that no showing of misconduct has been made or that there has
						been adequate proof of a violation of
						85.7 (relating to grounds for
						discipline) and that some form of private discipline or a public reprimand
						would be appropriate. In such circumstances the cost and delay of the
						preparation of a formal transcript is unnecessary and the preparation of a
						detailed report as provided by
						89.172 (relating to contents of
						report) is an unnecessary and time-consuming burden on the hearing committee
						and others. Where the participants can stipulate to an acceptable determination
						the procedures of this section minimize cost, effort and time for all
						participants. This section may be applicable to combined reinstatement and
						disciplinary hearings conducted before a hearing committee pursuant to
						89.273(b)(4)
						(relating to combined hearings in reinstatement matters where formal
						disciplinary proceedings are then pending or have been authorized against the
						formerly admitted attorney).
(b)
General rule.
The respondent-attorney and staff counsel in the
						manner provided by subsection (c), may agree to waive the preparation of a
						transcript and the filing of formal findings and recommendations. In such
						situations, unless the Board directs otherwise, the committee may submit to the
						Board a summary determination of the committee and stipulation of
						discipline.
(c)
Procedures.
(1) Immediately
						after the conclusion of the hearing the members of the hearing committee shall,
						if practicable and if neither the respondent-attorney nor staff counsel object
						to proceeding under this section, temporarily recess the proceedings and meet
						in private to determine whether a finding of misconduct should be
						made.
(2) The Committee shall
						immediately reconvene the proceedings and announce their conclusion on the
						issue of misconduct.
(3) If a
						violation of
						85.7 has been found the hearing
						committee shall immediately:
(i) receive
						evidence pursuant to
						89.151 (relating to separate
						consideration of evidence relevant to type of discipline);
(ii) temporarily recess the
						proceedings;
(iii) meet in private
						to determine the type of discipline which the committee will recommend to the
						Board; and
(iv) reconvene the
						proceedings and announce the discipline which the committee will recommend to
						the Board.
(4)
						Immediately after announcing that a violation of
						85.7 has not been found or the
						discipline that the committee will recommend to the Board, as the case may be,
						the committee shall deliver to the participants Form DB-43 (Hearing Committee
						Determination Under Abbreviated Procedure) setting forth the summary
						determination of the committee. The official reporter shall be directed by the
						hearing committee not to prepare a transcript until receipt from the committee
						of specific instructions to do so.
(5) The participants shall be conclusively
						deemed to have accepted the summary determination of, and (if a violation of
						85.7 has been found) to have
						stipulated that the Board shall impose the type of discipline recommended by,
						the committee unless either the respondent-attorney or staff counsel shall,
						within five days after receipt of the Form DB-43 as provided in paragraph (4),
						file a copy of such Form DB-43 with objections to the summary determination of
						the hearing committee indicated thereon.
(6) If a timely objection is made as provided
						in paragraph (5) the participants may file briefs, the official reporter shall
						be directed to prepare a transcript and the hearing committee shall submit to
						the Board formal findings and recommendations in the manner and within the time
						otherwise provided by these rules.
(7) If no timely objection is made no briefs
						shall be filed, no formal findings and recommendations shall be prepared by the
						hearing committee and the official reporter shall not prepare a transcript. The
						chair of the hearing committee shall, however, prepare and file a brief summary
						of the case, in the form of a letter to the Board, which summary ordinarily
						should not exceed two pages in length, and the record of the proceedings shall
						forthwith be transmitted to the Board Prothonotary which shall serve upon the
						respondent-attorney and staff counsel copies of the brief summary of the case
						filed by the chair of the hearing committee.
(8) Thereafter the Board shall either:
(i) affirm the finding that no violation of
						85.7 has been shown and dismiss
						the proceeding;
(ii) impose or
						cause to be imposed the type of private discipline, stipulated by the
						participants;
(iii) impose the
						public reprimand, stipulated by the participants; or
(iv) remand the record to the hearing
						committee with instructions to fix a briefing schedule and to proceed as
						provided in paragraph (6), if for any reason the type of discipline stipulated
						by the parties is not accepted by the Board.
(9) Where the proceeding is disposed of as
						provided by paragraph (8)(i), (ii), or (iii), the official reporter shall
						preserve the untranscribed notes or recording of testimony in the manner and
						for the duration specified by the Executive Office.