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 89.273 - Procedures for reinstatement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Enforcement Rule 218(c) provides that the procedure for petitioning for
						reinstatement from disability inactive status, suspension for a period
						exceeding one year or disbarment is as follows:
(1) Petitions for reinstatement shall be
						filed with the Board.
Note
: The Board will not treat a
						  petition for reinstatement as properly filed for purposes of commencing the
						  procedures set forth in this section unless and until the petition is
						  accompanied by a completed reinstatement questionnaire as required by §
														89.275 (relating to completion of
						  questionnaire by petitioner-attorney).
(2) Within 60 days after the filing of a
						petition for reinstatement, Disciplinary Counsel shall file a response thereto
						with the Board and serve a copy on the formerly admitted attorney. Upon receipt
						of the response, the Board shall refer the petition and response to a hearing
						committee appointed by the Board Prothonotary pursuant to §
													93.81(c)
						(relating to hearing committees) in the disciplinary district in which the
						formerly admitted attorney maintained an office at the time of the transfer to
						disability inactive status, disbarment or suspension. If any other formal
						disciplinary proceedings are then pending against the formerly admitted
						attorney at the time the Board refers the matter to a hearing committee or are
						authorized after the referral and at any time prior to the hearing, the
						reinstatement and disciplinary matters may be heard by the same hearing
						committee. In such case the combined hearing shall be held not later than 45
						days after receipt by the Board of the response to the petition for
						reinstatement.
Note
: If Disciplinary Counsel objects
						  to reinstatement of the formerly admitted attorney, the response to the
						  petition for reinstatement should explain in reasonable detail the reasons for
						  the objection.
(3) The
						hearing committee shall promptly schedule a hearing at which a disbarred or
						suspended attorney shall have the burden of demonstrating by clear and
						convincing evidence that such person has the moral qualifications, competency
						and learning in law required for admission to practice law in this Commonwealth
						and that the resumption of the practice of law within the Commonwealth by such
						person will be neither detrimental to the integrity and standing of the bar or
						the administration of justice nor subversive of the public interest. When the
						petitioner-attorney is seeking reinstatement from disbarment, the threshold
						inquiry articulated in
Office of Disciplinary Counsel v.
						Keller
, 509 Pa. 573, 579, 506 A.2d 872, 875 (1986) and its progeny
						applies.
See
§
													91.78 for burden of proof
						applicable to disability inactive attorney seeking reinstatement.
Note
: The requirement that a hearing
						  be scheduled "promptly" means that a hearing should ordinarily be held within
						  60 days after the petition for reinstatement has been filed with the Board and
						  the response from Disciplinary Counsel has been received, unless the chair of
						  the hearing committee extends that time for good cause shown.
(4) At conclusion of the hearing, the hearing
						committee shall promptly file a report containing its findings and
						recommendations and transmit same to the Board.
(5) The Board shall review the report of the
						hearing committee and the record and shall promptly file its own findings and
						recommendations, together with the briefs, if any, before the Board along with
						the entire record, with the Supreme Court. See
						89.208 (relating to participation
						by the Board before the Supreme Court).
(6) In the event the Board recommends
						reinstatement and the Supreme Court, after consideration of that
						recommendation, is of the view that a rule to show cause should be served upon
						the petitioner-attorney why an order denying reinstatement should not be
						entered, the same shall be issued setting forth the areas of the Court's
						concern. A copy of the rule shall be served on Disciplinary Counsel (see
						89.27 (relating to service upon
						Disciplinary Counsel)). Within 20 days after service of the rule,
						petitioner-attorney, as well as Disciplinary Counsel, may submit to the Supreme
						Court a response thereto. Unless otherwise ordered, matters arising under
						Enforcement Rule 218 will be considered without oral
						argument.