Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart B - DISCIPLINARY ENFORCEMENT › Chapter 83 - PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT › Subchapter C - DISABILITY AND RELATED MATTERS › Rule 301 - Proceedings where an attorney is declared to be incapacitated or severely mentally disabled

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The clerk
					 of any court within this Commonwealth that declares that an attorney is
					 incapacitated or that orders involuntary treatment of an attorney on the
					 grounds that the attorney is severely mentally disabled or that denies a
					 petition for review of a certification by a mental health review officer
					 subjecting an attorney to involuntary treatment shall within 24 days of such
					 disposition transmit a certificate thereof to Disciplinary Counsel, who shall
					 file such certificate with the Supreme Court.
(b) Upon being advised that an attorney has
					 been declared incapacitated or involuntarily committed to an institution on the
					 grounds of incapacity or severe mental disability, Disciplinary Counsel shall
					 secure and file a certificate in accordance with the provisions of subdivision
					 (a) of this rule. If the declaration of incapacity or commitment occurred in
					 another jurisdiction, it shall be the responsibility of Disciplinary Counsel to
					 secure and file a certificate of such declaration or commitment.
(c) Where an attorney has been judicially
					 declared incapacitated or involuntarily committed on the grounds of incapacity
					 or severe mental disability, the Supreme Court, upon proper proof of the fact,
					 shall enter an order transferring such attorney to inactive status effective
					 immediately and for an indefinite period until the further order of the Court.
					 A copy of such order shall be served upon such formerly admitted attorney, the
					 guardian of such person, and/or the director of the institution to which such
					 person has been committed in such manner as the Court may direct. Where an
					 attorney has been transferred to inactive status by an order in accordance with
					 the provisions of this subdivision and, thereafter, in proceedings duly taken,
					 the person is judicially declared to be competent, the Court upon application
					 may dispense with further evidence that the disability has been removed and may
					 direct reinstatement to active status upon such terms as are deemed proper and
					 advisable.
(d) Whenever the Board
					 shall petition the Court to determine whether an attorney is incapacitated from
					 continuing the practice of law by reason of mental infirmity or illness or
					 because of addiction to drugs or intoxicants, the Court may take or direct such
					 action as it deems necessary or proper to determine whether the attorney is so
					 incapacitated, including the examination of the attorney by such qualified
					 medical experts as the Court shall designate. If, upon due consideration of the
					 matter, the Court concludes that the attorney is incapacitated from continuing
					 to practice law, it shall enter an order transferring the attorney to inactive
					 status on the ground of such disability for an indefinite period and until the
					 further order of the Court. If examination of a respondent-attorney by a
					 qualified medical expert reveals that the respondent lacks the capacity to aid
					 effectively in the preparation of a defense, the Court may order that any
					 pending disciplinary proceeding against the respondent shall be held in
					 abeyance except for the perpetuation of testimony and the preservation of
					 documentary evidence. The order of abatement may provide for reexaminations of
					 the respondent-attorney at specified intervals or upon motion by Disciplinary
					 Counsel. The Court shall provide for such notice to the respondent-attorney of
					 proceedings in the matter as it deems proper and advisable and may appoint an
					 attorney to represent the respondent if the respondent is without adequate
					 representation.
(e) If, during the
					 course of a disciplinary proceeding, the respondent contends that the
					 respondent is suffering from a disability by reason of mental or physical
					 infirmity or illness, or because of addiction to drugs or intoxicants, which
					 makes it impossible for the respondent to prepare an adequate defense, the
					 respondent shall complete and file with the Court a certificate of admission of
					 disability . The respondent shall serve a copy of the certificate on the Board
					 and Disciplinary Counsel . The certificate shall:
(1) identify the precise nature of the
					 disability and the specific or approximate date of the onset or initial
					 diagnosis of the disabling condition;
(2) contain an explanation of the manner in
					 which the disabling condition makes it impossible for the respondent to prepare
					 an adequate defense;
(3) have
					 appended thereto the opinion of at least one medical expert that the respondent
					 is unable to prepare an adequate defense and a statement containing the basis
					 for the medical expert's opinion; and
(4) contain a statement, signed by the
					 respondent, that all averments of material fact contained in the certificate
					 and attachments are true upon the respondent's knowledge or information and
					 belief and made subject to the penalties of
					 18 Pa.C.S. §
													4904 relating
					 to unsworn falsification to authorities.
The respondent may attach to the certificate affidavits,
						medical records, additional medical expert reports, official records, or other
						documents in support of the existence of the disabling condition or the
						respondent's contention of lack of physical or mental capacity to prepare an
						adequate defense.
Upon receipt of the certificate, the Court thereupon
						shall enter an order immediately transferring the respondent to inactive status
						until a determination is made of the respondent's capacity to aid effectively
						in the preparation of a defense or to continue to practice law in a proceeding
						instituted in accordance with the provisions of subdivision (d) of this rule
						unless the Court finds that the certificate does not comply with the
						requirements of this subdivision, in which case the Court may deny the request
						for transfer to disability inactive status or enter any other appropriate
						order. Before or after the entry of the order transferring the respondent to
						inactive status under this subdivision, the Court may, upon application by
						Disciplinary Counsel and for good cause shown, take or direct such action as
						the Court deems necessary or proper to a determination of whether it is
						impossible for the respondent to prepare an adequate defense, including a
						direction for an examination of the respondent by such qualified medical
						experts as the Court shall designate. In its discretion, the Court may direct
						that the expense of such an examination shall be paid by the respondent.
The order transferring the attorney to disability
						inactive status under this subdivision shall be a matter of public record. The
						certificate of admission of disability and attachments to the certificate shall
						not be publicly disclosed or made available for use in any proceeding other
						than a subsequent reinstatement or disciplinary proceeding except:
(i) upon order of the Supreme
					 Court;
(ii) pursuant to an express
					 written waiver by the attorney; or
(iii) upon a request by the Pennsylvania
					 Lawyers Fund for Client Security Board pursuant to Enforcement Rule 521(a)
					 (relating to cooperation with Disciplinary Board).
If the Court shall determine at any time that the
						respondent is able to aid effectively in the preparation of a defense or is not
						incapacitated from practicing law, it shall take such action as it deems proper
						and advisable including a direction for the resumption of the disciplinary
						proceeding against the respondent.