reglab/statecodes huggingface dataset:
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 H - FUNDS OF CLIENTS AND THIRD PERSONS; MANDATORY OVERDRAFT NOTIFICATION › Section 91.180 - Reporting of Fiduciary and Operating Accounts on Annual Registration Form

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Terminology.
Enforcement Rule 221(r) provides that for
					 purposes of paragraph (b) of this section, the phrase:
(1) "funds of a client or a third person
					 subject to Pa.R.P.C. 1.15" means funds that belong to a client or third person
					 and that an attorney receives:
(i) in
					 connection with a client-attorney relationship;
(ii) as an escrow agent, settlement agent,
					 representative payee, personal representative, guardian, conservator, receiver,
					 trustee, agent under a durable power of attorney, or other similar fiduciary
					 position;
(iii) as an agent, having
					 been designated as such by a client or having been so selected as a result of a
					 client-attorney relationship or the attorney's status as such;
(iv) in connection with nonlegal services
					 that are not distinct from legal services;
(v) in connection with nonlegal services that
					 are distinct from legal services, and the attorney knows or reasonably should
					 know that the recipient of the service might believe that the recipient is
					 receiving the protection of a client-attorney relationship; or
(vi) as an owner, controlling party,
					 employee, agent, or as one who is otherwise affiliated with an entity providing
					 nonlegal services and the attorney knows or reasonably should know that the
					 recipient of the service might believe that the recipient is receiving the
					 protection of a client-attorney relationship;
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter A - PRELIMINARY PROVISIONS › Section 93.1 - Disciplinary districts

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 202(a) provides that disciplinary
						jurisdiction in this Commonwealth shall be divided into the following
						districts.
(1) District I. The County
					 of Philadelphia.
(2) District II.
					 The Counties of Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery,
					 Northampton and Schuylkill.
(3)
					 District III. The Counties of Adams, Bradford, Cameron, Carbon, Centre,
					 Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata,
					 Lackawanna, Lebanon, Luzerne, Lycoming, Mifflin, Monroe, Montour,
					 Northumberland, Perry, Pike, Potter, Snyder, Sullivan, Susquehanna, Tioga,
					 Union, Wayne, Wyoming and York.
(4)
					 District IV. The Counties of Allegheny, Armstrong, Beaver, Bedford, Butler,
					 Blair, Cambria, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest,
					 Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Venango,
					 Warren, Washington and Westmoreland.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter A - PRELIMINARY PROVISIONS › Section 93.2 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 202(b) provides that the disciplinary
						district which shall have jurisdiction over a person subject to the Enforcement
						Rules shall be any district in which the person maintains an office or the
						district in which the conduct under investigation occurred.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter A - PRELIMINARY PROVISIONS › Section 93.3 - Statements "under penalty."

Current through Register Vol. 54, No. 28, July 13, 2024
Any form prepared by the Administrative Office, the
						Executive Office or the Office of Disciplinary Counsel for use under these
						rules, and which is intended to elicit facts upon the basis of which a public
						officer or employee performs in an official capacity, may pursuant to
						18 Pa.C.S. §
												4904(b) (relating to
						statements "under penalty") contain a statement to the effect that false
						statements made therein are punishable.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter B - THE DISCIPLINARY BOARD › Section 93.21 - The Disciplinary Board

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 205(a) and (b) provide that the Supreme
						Court shall appoint a board to be known as "The Disciplinary Board of the
						Supreme Court of Pennsylvania" which shall be composed of ten members of the
						bar of this Commonwealth and two non-lawyer electors; that the regular term of
						members of the Board shall be for six years, unless otherwise specified by
						order of the Court; and that no member shall serve for more than one
						term.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter B - THE DISCIPLINARY BOARD › Section 93.22 - Quorum and manner of acting

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 205(b) provides that seven
					 members of the Board shall constitute a quorum and that, except when acting
					 under §
											93.23(a)(5), (7), (8), (9) and
					 (16) (relating to powers and duties), the
					 Board shall act only with the concurrence of not less than the lesser of:
1. seven members, or
2. a majority of the members in office who
					 are not disqualified from participating in the matter or proceeding.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter B - THE DISCIPLINARY BOARD › Section 93.24 - Officers

Current through Register Vol. 54, No. 28, July 13, 2024
Chair and Vice-Chair
. Enforcement Rule
						205(a) provides that the Supreme Court shall designate the Board Chair and the
						Board Vice-Chair. In case of the vacancy in office, absence, disability or
						other unavailability of the Board Chair, the Board Vice-Chair shall exercise
						the powers and perform the duties of the Board Chair.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter B - THE DISCIPLINARY BOARD › Section 93.25 - Official Seal

Current through Register Vol. 54, No. 28, July 13, 2024
The official seal of the Board shall be in the form and
						style as follows:
Click
						to view image
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter B - THE DISCIPLINARY BOARD › Section 93.26 - Meetings of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Call and notice
. Meetings shall be held upon the call in
					 writing of the Chair or of any two members of the Board at any place designated
					 in the call or at any other place designated for such purpose by resolution of
					 the Board or in the absence of such resolution as designated by the Chair.
					 Notice of special meetings shall be given in person or by telephone, mail, or
					 electronic mail to each member of the Board (at the address furnished to the
					 Executive Office for that purpose) at least 24 hours prior to the time fixed
					 for the special meeting. Notice of a special meeting may be waived in writing
					 and shall be waived by attendance at the meeting.
(b)
Organization.
The Chair
					 shall preside at meetings of the Board. In the absence of the Chair one of the
					 following persons in the order stated shall preside:
(1) The Vice-Chair;
(2) An acting chair selected by the Board for
					 such purpose.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter B - THE DISCIPLINARY BOARD › Section 93.27 - Conference telephone meetings

Current through Register Vol. 54, No. 28, July 13, 2024
One or more members of the Board may participate in a
						meeting of the Board by means of conference telephone or similar communications
						equipment by means of which all persons participating in the meeting can hear
						each other. Participation in a meeting pursuant to this section shall
						constitute presence in person at such meeting.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter B - THE DISCIPLINARY BOARD › Section 93.28 - Agenda

Current through Register Vol. 54, No. 28, July 13, 2024
An agenda for each meeting of the Board shall be prepared
						by the Executive Office with the approval of the Chair.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter B - THE DISCIPLINARY BOARD › Section 93.29 - Panels

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 rule.
The Board Chair may designate panels of at least three Board
					 members for the purpose of hearing oral argument in formal
					 proceedings.
(b)
Organization.
The first-named member of each panel shall be
					 the chair thereof. Except as otherwise provided by these rules, meetings and
					 proceedings of a panel of the Board shall be governed insofar as applicable by
					 the provisions of these rules governing meetings and proceedings of the
					 Board.
(c)
Quorum.
A majority of the members of a panel of the Board shall constitute a quorum of
					 the panel.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter B - THE DISCIPLINARY BOARD › Section 93.30 - Prohibitions during term of membership

Current through Register Vol. 54, No. 28, July 13, 2024
During the term of Board membership, a member shall
						not:
(a) represent a respondent or
					 petitioner in any disciplinary proceeding under the Enforcement Rules or these
					 rules;
(b) testify as an expert
					 witness in any disciplinary proceeding under the Enforcement Rules or these
					 rules;
(c) serve as an expert
					 witness in a legal professional liability dispute, absent exigent circumstances
					 and prior Board approval; or
(d)
					 serve as an expert witness on ethics in litigation or trial in any state or
					 federal court or before any other tribunal.
The following section is new and is printed in regular
						  type to enhance readability.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter C - EXECUTIVE OFFICE › Section 93.51 - Executive Office

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be an Executive Office, which shall be the
						office of the Executive Director, Legal Counsel, Board Prothonotary, Attorney
						Registration, and all other staff of the Board who are not assigned to the
						Office of Disciplinary Counsel, and shall be maintained at the location
						specified in §
											85.6 (relating to location of
						Executive Office). Non-legal staff shall be supervised by the Executive
						Director who shall, either personally, by deputy, or by other duly authorized
						staff of the Board, or by duly authorized agent, exercise the powers and
						perform the duties vested in and imposed upon the Executive Office by these
						rules.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter C - EXECUTIVE OFFICE › Section 93.53 - Dockets

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 rule.
The Executive Office shall maintain such dockets of matters
					 considered by the Board as may be directed by the Board.
(b)
Numbering.
Except as
					 otherwise ordered by the Board, matters submitted to the Board for action shall
					 be assigned a docket number consisting of the letters "DB" and the calendar
					 year in which the matter is docketed, which shall be preceded by the serial
					 number of the matter in such calendar year, e.g.: 1 DB 2001.
(c)
Petitions for reinstatement.
Petitions for reinstatement shall be docketed to the same number as
					 assigned to the original disciplinary proceedings. If there is no such original
					 docket number, a new number shall be assigned to the petition for
					 reinstatement.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter C - EXECUTIVE OFFICE › Section 93.54 - Powers and duties of Executive Office

Current through Register Vol. 54, No. 28, July 13, 2024
The Executive Office shall have the power and
						duty:
(1) To maintain permanent
					 records of all matters processed by the Board and the disposition thereof. This
					 paragraph shall not be construed to require the permanent retention of
					 correspondence, transcripts, briefs and other similar documents which underlie
					 the final disposition of a matter by the Board, but shall include the findings
					 of any hearing committee or special master and the action and any related
					 opinion or opinions of the Board with respect thereto, and any other
					 information which these rules expressly require to be made a matter of record.
					 Correspondence, transcripts, briefs and other similar docu-ments which underlie
					 the final disposition of a matter by the Board shall be retained for ten years
					 following such disposition.
(2) To
					 assemble signed vouchers for the expenses specified in §
											93.111 (relating to determination
					 of reimbursable expenses) incurred in:
(i)
					 the investigation and prosecution of disciplinary proceedings for purposes of
					 the taxation of expenses pursuant to §
												89.205(b)
					 (relating to informal admonition or private reprimand following formal hearing)
					 and §
												89.209 (relating to expenses of
					 formal proceedings); and
(ii) the
					 investigation and processing of petitions for reinstatement for purposes of the
					 imposition of expenses on respondent-attorneys pursuant to §
												89.278 (relating to expenses of
					 reinstatement proceedings).
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter D - OFFICE OF DISCIPLINARY COUNSEL › Section 93.61 - Office of Disciplinary Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
There shall be an Office of Disciplinary
					 Counsel, which shall be the office of the Chief Disciplinary Counsel and the
					 following staff of the Board:
(1)
					 Disciplinary Counsel;
(2)
					 Investigators; and
(3) Such other
					 staff of the Board as may be designated by the Board Chair.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter D - OFFICE OF DISCIPLINARY COUNSEL › Section 93.62 - Practice of law by Disciplinary Counsel prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 207(a) provides that Disciplinary
						Counsel shall not be permitted to engage in private practice, except that the
						Board may agree to a reasonable period of transition after
						appointment.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter D - OFFICE OF DISCIPLINARY COUNSEL › Section 93.63 - Powers and duties of Office of Disciplinary Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
The Office
					 of Disciplinary Counsel shall have the power and duty (pursuant to Enforcement
					 Rule 207(b)):
(1) To investigate all matters
					 involving alleged misconduct called to its attention whether by complaint or
					 otherwise except, unless as otherwise directed by the Supreme Court or the
					 Board, complaints against Disciplinary Counsel and members of the
					 Board.
(2) To dispose of any matter
					 that is governed by Enforcement Rules 214 (Attorneys convicted of crimes), 215
					 (Discipline on Consent), and 216 (Reciprocal discipline) in accordance with the
					 substantive and procedural provisions of those rules, and to dispose of all
					 other matters involving alleged misconduct by dismissal or (subject to review
					 by a hearing committee member) by recommendation for informal admonition,
					 private or public reprimand, or the prosecution of formal charges before a
					 hearing committee or special master.
(3) To request the appointment of a special
					 master, where appropriate, and to prosecute all disciplinary proceedings before
					 hearing committees, the Board and the Supreme Court.
(4) To appear at hearings conducted with
					 respect to petitions for reinstatement by formerly admitted attorneys, to
					 cross-examine witnesses testifying in support of the petition and to marshal
					 available evidence, if any, in opposition thereto.
(5) To maintain, through the Executive
					 Office, permanent records of all matters processed by the Office of
					 Disciplinary Counsel and the disposition thereof. This paragraph shall not be
					 construed to require the permanent retention of correspondence, memoranda,
					 transcripts and other similar documents which underlie the final disposition of
					 a matter by the Office of Disciplinary Counsel and such materials may be
					 retained or disposed of by the Office of Disciplinary Counsel in its
					 discretion.
(6) To exercise the
					 powers and perform the duties expressly vested in and imposed upon staff
					 counsel or the Office of Disciplinary Counsel by these rules or by
					 law.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter E - HEARING COMMITTEES AND SPECIAL MASTERS › HEARING COMMITTEES › Section 93.81 - Hearing committees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 205(c)(3) provides that the
						Board shall appoint not less than 18 hearing committee members within each
						disciplinary district, and that each person appointed as a hearing committee
						member for a district shall be a member of the bar of this Commonwealth who
						maintains an office for the practice of law within the district.
(b) (Rescinded.)
(c)
Terms.
Enforcement Rule
						206(a) provides that when a hearing committee is required to handle a matter,
						the Board shall appoint a hearing committee consisting of three hearing
						committee members from the appropriate disciplinary district. Under exigent
						circumstances, the Board has the discretion to appoint a hearing committee
						member or members from outside the appropriate disciplinary district, or to
						require that a matter be transferred to another disciplinary district. At least
						one of the members of the hearing committee shall be a senior hearing committee
						member, and another member shall be either a senior hearing committee member or
						an experienced hearing committee member; the terms of hearing committee members
						shall be three years; no member shall serve for more than two consecutive
						three-year terms; a hearing committee member who has served two consecutive
						three-year terms may be reappointed after the expiration of one year; and the
						terms of members shall commence on July 1. A hearing committee member whose
						term has expired may continue to serve until the conclusion of any matter
						commenced before the member prior to the expiration of such term, if so
						requested in writing by the Executive Office.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter E - HEARING COMMITTEES AND SPECIAL MASTERS › HEARING COMMITTEES › Section 93.82 - Quorum and manner of acting

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 206(a) provides that a hearing
						  committee shall act only with the concurrence of a majority of its members and
						  that two members shall constitute a quorum, except that a single senior or
						  experienced hearing committee member may act for the committee when the
						  committee is sitting as an investigatory hearing committee under §
												91.2(a)(1)
						  (relating to subpoenas and investigations) or when conducting a prehearing
						  conference.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter E - HEARING COMMITTEES AND SPECIAL MASTERS › HEARING COMMITTEES › Section 93.83 - Powers and duties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 206(b) provides that each
						hearing committee shall have the power and duty:
(1) To conduct investigatory hearings and
						hearings into formal charges of misconduct upon assignment by the Executive
						Office.
(2) To submit their
						conclusions set forth as prescribed by these rules, together with the record of
						the hearing, to the Board.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter E - HEARING COMMITTEES AND SPECIAL MASTERS › HEARING COMMITTEES › Section 93.84 - Officers

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 206(a) provides that the Board shall
						  designate the chair of each hearing committee, who shall be a senior hearing
						  committee member. In the case of the absence or disability of the chair of a
						  hearing committee, the committee shall select an acting chair. The chair of a
						  hearing committee shall be the presiding officer at all hearings held by the
						  committee and, unless otherwise directed by the committee with respect to
						  particular questions or issues, shall make all rulings on admissibility of
						  evidence and other procedural matters arising in connection with formal
						  proceedings.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter E - HEARING COMMITTEES AND SPECIAL MASTERS › HEARING COMMITTEES › Section 93.85 - Meetings of hearing committees

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided by these rules, meetings
						  and proceedings of a hearing committee shall be governed insofar as applicable
						  by the provisions of these rules governing meetings and proceedings of the
						  Board.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter E - HEARING COMMITTEES AND SPECIAL MASTERS › HEARING COMMITTEES › Section 93.86 - Disqualification of reviewing member to sit on hearing in same matter

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 205(c)(5) provides that a hearing
						  committee member who has passed upon Disciplinary Counsel's recommended
						  disposition of a matter shall be ineligible to serve on a hearing committee
						  that considers the matter.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter E - HEARING COMMITTEES AND SPECIAL MASTERS › HEARING COMMITTEES › Section 93.87 - Replacement of unavailable members

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 206(c) provides that if a member of a
						  hearing committee becomes disqualified or otherwise unavailable to serve with
						  respect to any particular matter, the Executive Office shall designate a
						  replacement.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter E - HEARING COMMITTEES AND SPECIAL MASTERS › SPECIAL MASTERS › Section 93.91 - Special masters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Assignment
. Enforcement Rule 206(d) provides that a special
						master instead of a hearing committee may be assigned by the Board to conduct
						an investigatory hearing or formal proceeding.
(b)
Powers and duties
.
						Enforcement Rule 206(e) provides that a special master shall have the power and
						duty:
(1) To conduct investigatory hearings
						and hearings into formal charges of misconduct upon assignment by the
						Board.
(2) To submit his or her
						conclusions set forth as prescribed by these rules to the Board.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter F - CONFIDENTIALITY › Section 93.101 - Complaints confidential

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 209(a) provides that complaints
						submitted to the Executive Office or to the Office of Disciplinary Counsel
						shall be confidential. Unless and until formal charges are filed and the
						complainant is designated as a witness at the prehearing conference, or
						Disciplinary Counsel determines that the complaint contains exculpatory
						material, the complaint shall not be provided to the respondent-attorney. At or
						after the prehearing conference, the senior or experienced hearing committee
						member may enter a protective order on cause shown to prohibit disclosure of
						the complaint or parts of it to the public.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter F - CONFIDENTIALITY › Section 93.102 - Access to disciplinary information and confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 402(a) provides that, except as provided in subsections (b)
					 and (d) and 93.104 (relating to access by judicial system agencies to
					 confidential information) and 93.108 (relating to restoration of
					 confidentiality), all proceedings under these rules shall be open to the public
					 after:
(1) the filing of an answer to a
					 petition for discipline;
(2) the
					 time to file an answer to a petition for discipline has expired without an
					 answer being filed;
(3) the filing
					 and service of a petition for reinstatement;
(4) the Board has entered an Order
					 determining a public reprimand; or
(5) after the expiration of any order
					 restricting access to disciplinary information.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter F - CONFIDENTIALITY › Section 93.103 - Identity of reviewing hearing committee member

Current through Register Vol. 54, No. 28, July 13, 2024
The identity of the hearing committee member acting under
						§
											87.32 (relating to action by
						reviewing hearing committee) shall not be a part of the record in a formal
						proceeding under these rules and shall not be available to the
						respondent-attorney or the public.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter F - CONFIDENTIALITY › Section 93.104 - Access by judicial system agencies to confidential information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
					 rule.
Enforcement Rule 402(d)(1) provides that the provisions of §
											93.102(a) and
					 (b) (relating to access to disciplinary
					 information and confidentiality) shall not be construed to deny access to
					 relevant information at any point during a proceeding under these rules to:
(1) authorized agencies investigating the
					 qualifications of judicial candidates;
(2) the Judicial Conduct Board with respect
					 to an investigation it is conducting;
(3) other jurisdictions investigating
					 qualifications for admission to practice;
(4) law enforcement agencies investigating
					 qualifications for government employment;
(5) lawyer disciplinary enforcement agencies
					 in other jurisdictions investigating misconduct by the respondent-attorney;
					 or
(6) the Pennsylvania Lawyers
					 Fund for Client Security Board investigating a claim for reimbursement arising
					 from conduct by the respondent-attorney.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter F - CONFIDENTIALITY › Section 93.105 - Protected information

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 402(e) provides that this subchapter
						shall not be construed to provide public access to:
(1) the work product of the Board,
					 Disciplinary Counsel, hearing committee members, or special masters;
(2) deliberations of a hearing committee,
					 special master, the Board or the Supreme Court;
(3) information subject to a protective order
					 issued under §
											93.106 (relating to protective
					 orders); or
(4) a complaint
					 submitted to the Board or Disciplinary Counsel.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter F - CONFIDENTIALITY › Section 93.106 - Protective orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Enforcement Rule 402 (f) provides that the Board
					 may, upon application of any person and for good cause shown, issue a
					 protective order prohibiting the disclosure of specific information otherwise
					 privileged or confidential, and the Board may direct that proceedings be
					 conducted so as to implement the order, including requiring that a hearing be
					 conducted in such a way as to preserve the confidentiality of the information
					 that is the subject of a protective order.
(b) Applications at conferences and hearings.
					 Upon application of any person during a conference or hearing under Chapter 89
					 Subchapter C (relating to hearing procedures) and for good cause shown, the
					 senior or experienced hearing committee member conducting the conference or the
					 hearing committee or special master conducting the hearing may issue a
					 protective order prohibiting the disclosure of specific information otherwise
					 privileged or confidential, and may direct that a hearing be conducted in such
					 a way as to preserve the confidentiality of the information that is the subject
					 of the protective order. Upon the submission of an application for a protective
					 order, the conference or hearing shall be recessed for the conduct of an in
					 camera meeting of the parties with the hearing committee member, hearing
					 committee or special master for consideration of the application. The ruling on
					 the application for a protective order may be appealed to the Board. An appeal
					 to the Board may stay the conduct of hearings in the matter at the discretion
					 of the hearing committee.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter F - CONFIDENTIALITY › Section 93.107 - Broadcasting and other recording of proceedings. Public access to public proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Enforcement Rule 402(j)(1) provides that this subchapter does not permit
					 broadcasting, televising, recording or taking photographs during a proceeding
					 under these rules, except that a hearing committee, a special master, the Board
					 or the Supreme Court when conducting a proceeding may authorize the use of
					 electronic or photographic means for the presentation of evidence, for the
					 perpetuation of a record or for other purposes of judicial
					 administration.
(b) Enforcement
					 Rule 402(j)(2) provides that public access to a public proceeding before a
					 hearing committee, special master or the Board shall consist of or be
					 supplemented by livestream technology, which access shall cease upon the
					 conclusion of the proceeding. The official record of the proceeding shall be
					 the record generated by the court reporter, as applicable.
(c) Enforcement Rule 402(j)(3) provides that
					 a request for in-person access to a public proceeding other than by the
					 parties, their attorneys and reasonably necessary staff shall be made to the
					 Board at least 30 days in advance of the scheduled proceeding.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter F - CONFIDENTIALITY › Section 93.108 - Restoration of confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Enforcement Rule 402(k) provides that if a formal proceeding results in the
					 imposition of private discipline or dismissal of all the charges, the
					 proceeding shall cease to be open to the public when the decision to impose
					 private discipline or dismiss the charges becomes final, unless the
					 respondent-attorney requests that the record of the proceeding remain open to
					 the public.
(b) Notwithstanding the
					 restoration of confidentiality under subsection (a), Disciplinary Counsel shall
					 notify the complainant in writing of the disposition in conformance with the
					 provisions of §
											87.51(a)(1)
					 (relating to notification of disposition of complaint) of these
					 Rules.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter G - FINANCIAL MATTERS › TAXATION OF COSTS › Section 93.111 - Determination of reimbursable expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 208(g)(2) provides that expenses taxable by the Board pursuant
						to 89.205(b)
						(relating to informal admonition, private reprimand or public reprimand
						following formal hearing) shall be prescribed by these rules. See also
						89.209 (relating to expenses of
						formal proceedings) and
						89.278 (relating to expenses of
						reinstatement proceedings).
(b)
Enumeration of expenses.
Taxable expenses under these rules
						shall include, but not be limited to, the following:
(1) court reporter fees and transcript
						costs;
(2) The fees and expenses of
						expert and other witnesses;
(3) The
						cost of serving subpoenas, pleadings and briefs;
(4) The charges by banks and other
						institutions for production of statements, checks and other records in response
						to subpoenas or otherwise;
(5) The
						cost of reproducing documents introduced or offered as evidence at
						hearings;
(6) The cost of
						reproducing pleadings and briefs; and
(7) the cost of publishing notices in the
						legal journal and a newspaper of general circulation as required by Enforcement
						Rule 217(f) (relating to publication of a notice of suspension, disbarment,
						temporary suspension, administrative suspension or transfer to disability
						inactive status) or §
													89.274(b)
						(relating to publication of a notice of reinstatement hearing).
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter G - FINANCIAL MATTERS › TAXATION OF COSTS › Section 93.112 - Failure to pay taxed expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Action by Board.
Enforcement Rule 208(g)(4) provides that
						where the respondent-attorney fails to pay taxed expenses and administrative
						fees within 30 days after the date of the entry of the order taxing such
						expenses in cases other than a suspension that is not stayed in its entirety or
						disbarment, the Board shall:
(1) Transmit by
						certified mail, return receipt requested, to the attorney who fails to pay any
						taxed expenses under §
													89.205(b)
						(relating to taxation of expenses), or §
													89.209 (relating to expenses of
						formal proceedings), addressed to the last known address of the attorney, a
						notice stating:
(i) that unless the attorney
						shall pay all such expenses within 30 days after the date of the notice, such
						failure to pay will be deemed a request to be administratively suspended, and
						at the end of such period the name of the attorney will be certified to the
						Supreme Court, which will enter an order administratively suspending the
						attorney; and
(ii) that upon entry
						of the order of administrative suspension, the attorney shall comply with
						Chapter 91 Subchapter E (relating to formerly admitted attorneys).
A copy of Enforcement Rule 217 (relating to formerly
						  admitted attorneys) shall be enclosed with the
						  notice.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter G - FINANCIAL MATTERS › EXPENSES GENERALLY › Section 93.121 - Expenses

Current through Register Vol. 54, No. 28, July 13, 2024
General.
Enforcement Rule 401 provides
						  that the salaries of Disciplinary Board employees, their expenses,
						  administrative costs, expenses of the members of the Board and of hearing
						  committees, and expenses and compensation, if any, of special masters shall be
						  paid by the Board out of the funds collected under the provisions of §
												93.141 et seq. (relating to
						  annual registration and assessment. administrative suspension. administrative
						  changes in status.) and §§
												89.205(b),
						  89.209, and 89.278 (relating to costs and fees).
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter G - FINANCIAL MATTERS › EXPENSES GENERALLY › Section 93.122 - Audit

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 401 provides that the Board shall
						  annually obtain an independent audit by a certified public accountant of the
						  funds entrusted to it and their disposition and shall file a copy of such audit
						  with the Supreme Court.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter G - FINANCIAL MATTERS › EXPENSES GENERALLY › Section 93.123 - Fiscal Year

Current through Register Vol. 54, No. 28, July 13, 2024
The fiscal year of the Board shall commence July 1 of
						  each year.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter G - FINANCIAL MATTERS › ANNUAL REGISTRATION AND ASSESSMENT. ADMINISTRATIVE SUSPENSION. ADMINISTRATIVE CHANGES IN STATUS › Section 93.141 - Annual registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Annual registration period
. Enforcement Rule 219(a) provides
						that the annual registration period shall run from July 1 to June 30. On or
						before May 15 of each year, the Attorney Registration Office shall transmit an
						electronic notice to register and pay the annual assessment by July 1. Failure
						to receive notice shall not excuse the filing of the annual registration form
						and payment of the annual assessment.
(b)
Attorneys required to
						register
. Enforcement Rule 219(a)(1) provides that attorneys on the
						following license statuses are required to register annually:
(1) Active status.
(2) Attorneys holding the following limited
						licenses:
(i) Foreign legal
						consultant;
(ii) Limited In-House
						Corporate Counsel;
(iii) Attorney
						participant in defender or legal services programs; and
(iv) Attorney spouse of an active-duty
						service member.
(3)
						Inactive status.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter G - FINANCIAL MATTERS › ANNUAL REGISTRATION AND ASSESSMENT. ADMINISTRATIVE SUSPENSION. ADMINISTRATIVE CHANGES IN STATUS › Section 93.142 - Filing of annual registration form

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Filing of annual registration
						registration form.
Enforcement Rule 219(c) provides that on or before
						July 1 of each year all attorneys required by the rule to register shall
						electronically file with the Attorney Registration Office a registration form.
						Upon an attorney's written request and for good cause shown, the Attorney
						Registration Office shall grant an exemption from the electronic filing
						requirement and provide a paper registration form to the attorney for filing.
(1) The attorney shall provide the following
						information on the form:
(i) The attorney's
						current license status in this Commonwealth and all other state, federal, and
						foreign courts and jurisdictions in which the attorney is or has ever been
						licensed to practice law.
(ii) The
						attorney's contact information, which shall specify information accessible to
						the public. Upon an attorney's written request and for good cause shown, the
						contact information will not be accessible to the public.
(iii) The financial accounts and information
						identified in §
														91.180(b)
						(relating to reporting of fiduciary and operating accounts on annual
						registration form).
(iv) A
						statement that:
(A) the attorney is familiar
						and in compliance with Rule
						1.15 of the Pennsylvania Rules of
						Professional Conduct regarding the handling of funds and other property of
						clients and others and the maintenance of IOLTA accounts;
(B) the attorney's Trust Accounts comply with
						Enforcement Rule 221(h) regarding the mandatory reporting of overdrafts on
						fiduciary accounts; and
(C) the
						attorney has reported all of the financial accounts and information identified
						in Enforcement Rule 221(q).
(v) A statement that any action brought
						against the attorney by the Pennsylvania Lawyers Fund for Client Security for
						the recovery of monies paid by the Fund as a result of claims against the
						attorney may be brought in the Court of Common Pleas of Allegheny, Dauphin or
						Philadelphia County.
(vi) Whether
						the attorney is covered by professional liability insurance on the date of
						registration in the minimum amounts set forth in Rule of Professional Conduct
						1.4(c); a covered attorney shall identify the insurance carrier.
(vii) Such other information as the Board may
						from time to time direct.
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 93 - ORGANIZATION AND ADMINISTRATION › Subchapter G - FINANCIAL MATTERS › ANNUAL REGISTRATION AND ASSESSMENT. ADMINISTRATIVE SUSPENSION. ADMINISTRATIVE CHANGES IN STATUS › Section 93.143 - Issue of certificate as evidence of compliance

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 219(d) provides that the Attorney
						  Registration Office shall issue a license card or certificate to attorneys on
						  active status and to attorneys holding limited licenses under §
												93.141(b)(2) as
						  acknowledgement of an attorney's completion of registration and payment of the
						  required annual assessment.