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 91.34 - Temporary suspension upon conviction of a crime

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Commencement of summary
					 proceedings.
Enforcement Rule 214(d)(1) provides that upon the filing
					 with the Supreme Court of a certified copy of an order demonstrating that an
					 attorney has been convicted of a crime, the Court may enter a rule directing
					 the respondent-attorney to show cause why the respondent-attorney should not be
					 placed on temporary suspension, which rule shall be returnable within ten
					 days.
(b)
Subject of
					 summary proceeding
. The Note to Enforcement Rule 214(d) provides that
					 the subject of the summary proceedings authorized by this section will
					 ordinarily be limited to whether the condition triggering the application of
					 this section exists, i.e., proof that the respondent-attorney is the same
					 person as the individual convicted of the offense charged, although the Court
					 has the discretion to consider such subjects as mitigating or aggravating
					 circumstances.
(c)
Disposition
. Enforcement Rule 214(d)(2) provides that if a
					 rule to show cause has been issued under subsection (a), and the period for
					 response has passed without a response having been filed, or after
					 consideration of any response, the Court may enter an order requiring temporary
					 suspension of the practice of law by the respondent-attorney pending further
					 definitive action under these rules.
(d)
Effect of temporary
					 suspension
. Enforcement rule 214(d)(3) provides that any order of
					 temporary suspension issued under subsection (c) shall preclude the
					 respondent-attorney from accepting any new cases or other client matters, but
					 shall not preclude the respondent-attorney from continuing to represent
					 existing clients on existing matters during the 30 days following entry of the
					 order of temporary suspension. The Note to Enforcement Rule 214(d) provides
					 that permitting the respondent-attorney to continue representing existing
					 clients for 30 days is intended to avoid undue hardship to clients and to
					 permit a winding down of matters being handled by the respondent-attorney, and
					 the permissible activities of the respondent-attorney are intended to be
					 limited to only those necessary to accomplish those purposes.
(e)
Dissolution or modification of
					 temporary suspension
. Enforcement Rule 214(d)(4) provides that:
(1) the respondent-attorney may at any time
					 petition the Court for dissolution or amendment of an order of temporary
					 suspension;
(2) a copy of the
					 petition shall be served upon Disciplinary Counsel and the Board Prothonotary
					 (see §
												89.27 (relating to service upon
					 Disciplinary Counsel));
(3) a
					 hearing on the petition before a member of the Board designated by the Chair of
					 the Board shall be held within ten business days after service of the petition
					 on the Board Prothonotary;
(4) the
					 designated Board member shall hear the petition and submit a transcript of the
					 hearing and a recommendation to the Court within five business days after the
					 conclusion of the hearing; and
(5)
					 upon receipt of the recommendation of the designated Board member and the
					 record relating thereto, the Court shall dissolve or modify its order, if
					 appropriate.