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 A - PRELIMINARY PROVISIONS › GENERAL MATTERS › Section 89.7 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Avoidance of delay
. All formal proceedings under these rules
						shall be as expeditious as possible, but the failure of the Board to comply
						with any of the procedural time periods in these rules shall not result in the
						dismissal of a petition for discipline or a lessening of the charges set forth
						therein. Only the Board Chair may extend the time for hearing or grant any
						other extension of time in a formal proceeding.
(b)
Notice to other
						tribunals
. Upon receipt of notice fixing a date in connection with a
						formal proceeding (including a hearing date before a hearing committee or
						special master or oral argument before the Board) or the date of a meeting of
						the Board, any involved person within 48 hours thereafter shall deliver written
						notice (which shall not identify the respondent-attorney) of the fixing of such
						date to the clerk, prothonotary, court administrator, chairperson or other
						appropriate administrative officer of any court, administrative agency or other
						body with which a conflict might reasonably arise, and shall file a copy of
						such notice with the Board Prothonotary.
(c)
Application for
						continuance
. An application for continuance of a hearing shall be made
						either in writing or on the record at the hearing and shall set forth the basis
						for the application and the facts supporting it. The application shall be
						addressed to the chair of the hearing committee or the special master
						conducting the hearing, who may deny it or recommend its approval to the Board
						Chair. A denial by the chair of a hearing committee or special master may be
						reviewed by the Board Chair. A continuance of a hearing other than adjournment
						to a day certain not more than 15 days hence shall not be granted by a hearing
						committee or special master without the concurrence of the Board
						Chair.
(d)
Grounds for
						continuances
. Enforcement Rule 208(i) provides that all formal
						proceedings under this chapter be conducted as expeditiously as possible; that
						ordinarily the engagement of an involved person will be recognized as a basis
						for continuance of a formal proceeding or meeting of the Board only where the
						involved person is actually engaged before an appellate court of this
						Commonwealth or a court of the United States; and that engagement of an
						involved person before any other court, administrative agency or other body
						shall not be recognized as a basis for continuance except upon a showing of
						unforeseen and compelling circumstances prohibiting appearance.
(e)
Definition
. As used in
						this section, the term "involved person" includes a member of the Board, a
						hearing committee member assigned to act on any aspect of the matter, a special
						master assigned to the matter and counsel for the respondent-attorney, as well
						as the respondent-attorney.