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 89 - FORMAL PROCEEDINGS › Subchapter C - HEARING PROCEDURES › PREHEARING CONFERENCES › Section 89.71 - Conferences to expedite proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
In order to provide opportunity for the submission and
						  consideration of facts, arguments, offers for settlement of any of the issues
						  in a proceeding, or consideration of means by which the conduct of the hearing
						  may be facilitated and the disposition of the proceeding expedited, conferences
						  between the participants for such purposes may be held at any time prior to or
						  during hearings as time, the nature of the proceeding, and the public interest
						  may permit.
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 C - HEARING PROCEDURES › PREHEARING CONFERENCES › Section 89.72 - Subjects which may be considered at conferences to expedite hearings

Current through Register Vol. 54, No. 28, July 13, 2024
At the prehearing conference required by §
												89.57 (relating to scheduling of
						  hearing and prehearing conference) and any other conferences which may be held
						  to expedite the orderly conduct and disposition of any hearing, there may be
						  considered, in addition to any offers of settlement permitted under §
												89.71 (relating to conferences to
						  expedite proceedings) and any applications for protective orders under §
												93.104 (relating to protective
						  orders), the possibility of the following:
(1) The simplification of the
						issues.
(2) The exchange and
						acceptance of service of exhibits proposed to be offered in evidence.
(3) The obtaining of admissions as to, or
						stipulations of, facts not remaining in dispute, or the authenticity of
						documents which might properly shorten the hearing.
(4) The limitation of the number of witnesses
						and the identification of expert witnesses. The member of a hearing committee
						presiding at a conference may order the parties to exchange the names and
						addresses of all expert witnesses and to provide the opposing party with copies
						of all expert reports. The order may provide that failure to comply with it
						shall have the consequences described in §
												89.93(c)
						(relating to exclusion of evidence).
(5) The discovery or production of
						data.
(6) Such other matters as may
						properly be dealt with to aid in expediting the orderly conduct and disposition
						of the 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 89 - FORMAL PROCEEDINGS › Subchapter C - HEARING PROCEDURES › PREHEARING CONFERENCES › Section 89.73 - Initiation of conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
The hearing committee or special master, with or
						without motion, and after consideration of the probability of beneficial
						results to be derived therefrom, may direct that a conference be held, and
						direct the respondent-attorney and staff counsel to appear thereat to consider
						any or all of the matters enumerated in §
												89.72 (relating to subjects which
						may be considered at conferences to expedite hearings). Due notice of the time
						and place of such conference shall be given to the respondent-attorney and
						staff counsel. Where a proceeding is in the hands of a hearing committee, the
						conference may be conducted by the chair of the hearing committee or by a
						single senior or experienced hearing committee member designated in writing by
						the chair.
(b)
Preparation
						for and action at conference.
All participants shall attend the
						conference fully prepared for a useful discussion of all problems involved in
						the proceeding, both procedural and substantive, and fully authorized to make
						commitments with respect thereto. Such preparation should include, among other
						things, advance study of all relevant material, and advance informal
						communication between the participants, including requests for additional data
						and information, to the extent it appears feasible and desirable.
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 C - HEARING PROCEDURES › PREHEARING CONFERENCES › Section 89.74 - Authority of hearing committee member or special master at conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
						rule
. The senior or experienced hearing committee member presiding at
						any conference may dispose of by ruling, irrespective of the consent of the
						participants, any procedural matters which the chair of the committee is
						authorized to rule upon during the course of the proceeding, and which it
						appears may appropriately and usefully be disposed of at that stage. Where it
						appears that the proceeding would be substantially expedited by distribution of
						proposed exhibits and written prepared testimony reasonably in advance of the
						hearing session, such advance distribution by a prescribed date may be directed
						at the discretion of the presiding hearing committee member. The presiding
						hearing committee member may also order the exchange of the names and addresses
						of expert witnesses and copies of all expert reports. An order for the
						distribution of exhibits and written testimony or the identification of expert
						witnesses and exchange of expert reports shall be made with due regard for the
						convenience and necessity of the respondent-attorney and staff counsel, and may
						provide that failure to comply with it shall have the consequences described in
						§
												89.93(c) 
						(relating to exclusion of evidence). The rulings of the presiding hearing
						committee member made at a conference shall control the subsequent course of
						the hearing, unless modified for good cause shown.
(b)
Special masters
. A
						special master may exercise at a conference all of the powers granted to a
						presiding hearing committee member by subsection (a).
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 C - HEARING PROCEDURES › HEARING › Section 89.91 - Appearances

Current through Register Vol. 54, No. 28, July 13, 2024
The hearing committee or special master shall cause to
						  be entered upon the record all appearances, with a notation in whose behalf
						  each appearance is made.
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 C - HEARING PROCEDURES › HEARING › Section 89.92 - Order of procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disciplinary proceedings.
In proceedings upon a petition for
						discipline the Office of Disciplinary Counsel shall have the burden of proof,
						shall initiate the presentation of evidence, and may present rebuttal
						evidence.
(b)
Reinstatement
						proceedings.
In proceedings upon a petition for reinstatement the
						respondent-attorney shall have the burden of proof, shall initiate the
						presentation of evidence, and may present rebuttal evidence.
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 C - HEARING PROCEDURES › HEARING › Section 89.93 - Presentation by the parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
The respondent-attorney and staff counsel shall
						have the right of presentation of evidence, cross-examination, objection,
						motion and argument. The taking of evidence and subsequent proceedings shall
						proceed with all reasonable diligence and with the least practicable
						delay.
(b)
Objections.
When objections to the admission or exclusion of
						evidence or other procedural objections are made, the grounds relied upon shall
						be stated briefly, if so requested by the hearing committee or special master,
						and may be stated briefly if no such request is made. Formal exceptions are
						unnecessary and shall not be taken to procedural rulings.
(c)
Exclusion of expert
						evidence
. The hearing committee or special master may exclude the
						introduction of expert testimony or reports as to which a party has failed to
						comply with an order under 89.72(4) (relating to subjects which may considered
						at conferences to expedite hearings) or 89.74(a) (relating to authority of
						hearing committee member or special master at conferences).
(d)
Exclusion of factual
						evidence.
Enforcement Rule 208(b)(4) provides that no evidence with
						respect to factual allegations of the complaint that have been deemed or
						expressly admitted may be presented at any hearing on the matter, absent good
						cause shown. See 89.54(d) (relating to effect of failure to answer).
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 C - HEARING PROCEDURES › HEARING › Section 89.94 - Limiting number of witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
The hearing committee or special master may limit
						  appropriately the number of witnesses who may be heard upon any issue to
						  eliminate unduly repetitious or cumulative evidence.
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 C - HEARING PROCEDURES › HEARING › Section 89.95 - Additional evidence

Current through Register Vol. 54, No. 28, July 13, 2024
At the hearing, the hearing committee or special master
						  may, if deemed advisable, authorize any participant to file specific
						  documentary evidence as a part of the record within a fixed time, expiring not
						  less than ten days before the date fixed for filing and serving briefs. Any
						  post-hearing document permitted or required by these rules to be filed of
						  record shall become a part of the record.
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 C - HEARING PROCEDURES › TRANSCRIPT › Section 89.101 - Recording of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings shall be reported by an official reporter
						  designated by the Executive Office and except as provided in §
												89.181 (relating to abbreviated
						  procedure), a transcript of such report shall be a part of the record and the
						  sole official transcript of the proceeding. Such transcripts shall include a
						  verbatim report of the hearings and nothing shall be omitted therefrom except
						  as is directed on the record by the hearing committee or special master. After
						  the closing of the record, there shall not be received in evidence or
						  considered as part of the record any document submitted after the close of
						  testimony except as provided in §
												89.95 (relating to additional
						  evidence) or changes in the transcript as provided in §
												89.102 (relating to transcript
						  corrections). Oral argument, if any, made pursuant to §
												89.161 (relating to oral
						  argument) shall not be included in the transcript of the hearing or become a
						  part of the record unless so requested by a party after completion of the oral
						  argument.
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 C - HEARING PROCEDURES › TRANSCRIPT › Section 89.102 - Transcript corrections

Current through Register Vol. 54, No. 28, July 13, 2024
Corrections in the official transcript may be made only
						  to make it conform to the evidence presented at the hearing. No corrections or
						  physical changes shall be made in or upon the official transcript of the
						  hearing, except as provided in this section. Transcript corrections agreed to
						  by all parties may be incorporated into the record, if and when approved by the
						  hearing committee, at any time during the hearing or after the close of the
						  hearing, as may be permitted by the hearing committee, but not less than ten
						  days in advance of the time fixed for filing briefs. The hearing committee may
						  call for the submission of proposed corrections and may make disposition
						  thereof at appropriate times during the course of a
						  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 89 - FORMAL PROCEEDINGS › Subchapter C - HEARING PROCEDURES › TRANSCRIPT › Section 89.103 - Copies of transcripts

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will cause to be made a stenographic record
						  of all hearings and such copies of the transcript thereof as it requires for
						  its own purposes. A respondent-attorney desiring copies of such transcript may
						  purchase such copies from the official reporter. Any witness may purchase from
						  the official reporter a copy of the transcript, or any part thereof, relating
						  to the testimony of such witness.
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 C - HEARING PROCEDURES › EVIDENCE AND WITNESSES › Section 89.121 - Oral examination

Current through Register Vol. 54, No. 28, July 13, 2024
Witnesses shall be examined orally unless the testimony
						  is taken by deposition as provided in §§
												91.11-91.18 (relating to depositions)
						  or the facts are stipulated in the manner provided in §
												89.72 (relating to subjects which
						  may be considered at conferences to expedite hearings) or in §
												89.131 (relating to presentation
						  and effect of stipulations). Pursuant to Enforcement Rule 213(e), witnesses
						  whose testimony is to be taken shall be sworn, or shall affirm, before their
						  testimony shall be deemed evidence in the proceeding or any questions are put
						  to them.
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 C - HEARING PROCEDURES › EVIDENCE AND WITNESSES › Section 89.122 - Fees of witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
Witnesses subpoenaed by the Office of Disciplinary
						  Counsel shall be paid the same fees and mileage as are paid for like services
						  in the courts of common pleas. Witnesses subpoenaed at the instance of a
						  respondent-attorney shall be paid the same fees by the respondent-attorney at
						  whose instance the witness is subpoenaed.
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 C - HEARING PROCEDURES › EVIDENCE AND WITNESSES › Section 89.123 - Evidence by persons associated with Board

Current through Register Vol. 54, No. 28, July 13, 2024
Members and employes of the Board, hearing committee
						  members and special masters shall not testify as a character witness in any
						  proceeding under 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 89 - FORMAL PROCEEDINGS › Subchapter C - HEARING PROCEDURES › STIPULATIONS › Section 89.131 - Presentation and effect of stipulations

Current through Register Vol. 54, No. 28, July 13, 2024
Independently of the orders or rulings issued as
						  provided by §
												89.72 (relating to subjects which
						  may be considered at conferences to expedite hearings) the participants may
						  stipulate as to any relevant matters of fact or the authenticity of any
						  relevant documents. Such stipulations may be received in evidence at a hearing,
						  and when so received shall be binding on the participants with respect to the
						  matters therein stipulated.
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 C - HEARING PROCEDURES › EVIDENCE GENERALLY › Section 89.141 - Admissibility of evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
In any proceeding admissibility of evidence
						shall be governed by the rules of evidence observed by the courts of common
						pleas of this Commonwealth in nonjury civil matters at the time of the
						hearing.
(b)
Pleadings.
The petition for discipline and answer thereto, and
						similar formal documents upon which a hearing is fixed shall, without further
						action, be considered as parts of the record, but in no event shall pleadings,
						or any part thereof, be considered as evidence of any fact other than that of
						the filing thereof unless offered and received in evidence in accordance with
						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 89 - FORMAL PROCEEDINGS › Subchapter C - HEARING PROCEDURES › EVIDENCE GENERALLY › Section 89.142 - Reception and ruling on evidence

Current through Register Vol. 54, No. 28, July 13, 2024
The hearing committee or special master shall rule on
						  the admissibility of all evidence. The number of witnesses to be heard on any
						  issue may be limited appropriately as provided in §
												89.94 (relating to limiting
						  number of witnesses).
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 C - HEARING PROCEDURES › EVIDENCE GENERALLY › Section 89.143 - Form and size of documentary evidence

Current through Register Vol. 54, No. 28, July 13, 2024
Wherever practicable, all exhibits of a documentary
						  character received in evidence shall be on paper of good quality and so
						  prepared as to be plainly legible and durable, and shall conform to the
						  requirements of §
												89.5(a)
						  (relating to format of pleadings and documents) whenever
						  practicable.
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 C - HEARING PROCEDURES › EVIDENCE GENERALLY › Section 89.144 - Copies to participants

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in these rules, when
						  exhibits of a documentary character are offered in evidence, copies shall be
						  furnished to the participants present at the hearing. In the case of a hearing
						  before a hearing committee, three copies of each exhibit of documentary
						  character shall be furnished for the use of the hearing committee. In the case
						  of a hearing before a special master, one copy of each exhibit of documentary
						  character shall be furnished for the use of the special
						  master.
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 C - HEARING PROCEDURES › ORAL ARGUMENT AND BRIEFS › Section 89.161 - Oral argument

Current through Register Vol. 54, No. 28, July 13, 2024
At the close of the taking of testimony in each
						  proceeding the hearing committee or special master may hear oral argument on
						  the issues in the proceeding. As provided by §
												89.101 (relating to recording of
						  proceedings) oral argument shall be excluded from the transcript and shall not
						  become a part of the record. No other oral argument shall be heard by a hearing
						  committee or special master.
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 C - HEARING PROCEDURES › ORAL ARGUMENT AND BRIEFS › Section 89.162 - Time for filing of briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Unless waived by the participants at the close
						of the taking of testimony, or pursuant to §
												89.181 (relating to abbreviated
						procedure), briefs may be filed with the hearing committee or special master
						and served pursuant to §
												89.22 (relating to service by a
						participant) as follows:
(1) By staff counsel
						within 20 days after the filing of the transcript of the hearing.
(2) By the respondent-attorney within 20 days
						after the filing of the brief of staff 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 89 - FORMAL PROCEEDINGS › Subchapter C - HEARING PROCEDURES › ORAL ARGUMENT AND BRIEFS › Section 89.163 - Content and form of briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Briefs shall contain:
(1) A concise statement of the
						case.
(2) An abstract of the
						evidence relied upon by the participants filing, preferably assembled by
						subjects, with references to the pages of the record or exhibits where the
						evidence appears.
(3) Proposed
						findings and conclusions together with the reasons and authorities therefor,
						separately stated.
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 C - HEARING PROCEDURES › ORAL ARGUMENT AND BRIEFS › Section 89.164 - Filing and service of briefs

Current through Register Vol. 54, No. 28, July 13, 2024
Briefs not filed and served on or before the dates
						  fixed therefor shall not be accepted for filing, except by special permission
						  of the hearing committee or special master. In the case of a formal proceeding
						  that is in the hands of a hearing committee, one copy of each brief shall be
						  served on each member of the committee and one copy shall be filed with the
						  Board Prothonotary. In the case of a formal proceeding that is in the hands of
						  a special master, one copy of each brief shall be served on the special master
						  and one copy shall be filed with the Board Prothonotary. A hearing committee or
						  special master may permit or direct the service of a different number of copies
						  of a brief on the members of the hearing committee or special
						  master.
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 C - HEARING PROCEDURES › REPORT › Section 89.171 - Filing of report

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 208(c) provides that unless waived in
						  the manner provided in §
												89.181 (relating to abbreviated
						  procedure) at the conclusion of the hearing, the hearing committee or special
						  master shall submit a report to the Board containing the findings and
						  recommendations of the committee or special master. Such report shall be filed
						  with the Board Prothonotary no later than 60 days after the conclusion of the
						  hearing and submission of briefs, if any. Failure to file a report within the
						  time prescribed by this section shall not affect the validity of the report
						  when filed or of the proceedings generally.
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 C - HEARING PROCEDURES › REPORT › Section 89.172 - Contents of report

Current through Register Vol. 54, No. 28, July 13, 2024
General rule
. The report of the
						  hearing committee or special master shall be accompanied by Form DB-10
						  (Transmittal of Report of Hearing) and shall set forth:
(1) A brief summary, not to exceed one page,
						of the nature of the case, the ultimate issue or issues involved, and the
						conclusions and recommendations as to disposition of the hearing committee or
						special master.
(2) A concise
						statement of the case, including a citation of each Disciplinary Rule alleged
						or found to have been violated by the respondent-attorney.
(3) The rulings on admission of evidence and
						other procedural matters, which may be set forth by reference to the pages of
						the transcript wherein such rulings are recorded.
(4) Findings of fact.
(5) Discussion.
(6) Conclusions of law.
(7) Recommended disposition of the
						petition.
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 C - HEARING PROCEDURES › REPORT › Section 89.173 - Report a part of the record

Current through Register Vol. 54, No. 28, July 13, 2024
The report of the hearing committee or special master
						  and the record before the hearing committee or special master shall become a
						  part of the record of the proceeding on file with 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 89 - FORMAL PROCEEDINGS › Subchapter C - HEARING PROCEDURES › REPORT › Section 89.174 - Service of report

Current through Register Vol. 54, No. 28, July 13, 2024
The Board Prothonotary shall serve copies of the report
						  of the hearing committee or special master upon the respondent-attorney and
						  staff 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 89 - FORMAL PROCEEDINGS › Subchapter D - ACTION BY BOARD AND SUPREME COURT › Section 89.202 - Content and form of briefs on exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Briefs on exceptions
.
(1) Briefs on exceptions shall contain:
(i) A short statement of the case.
(ii) A summary of the basic position of the
					 party filing.
(iii) The grounds
					 upon which the exceptions rest.
(iv) The argument in support of the
					 exceptions with appropriate references to the record and legal
					 authorities.
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 D - ACTION BY BOARD AND SUPREME COURT › Section 89.203 - Action by Board

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 208(d)(2) provides that the Board shall
						either affirm or change in writing the recommendation of the hearing committee
						or special master within 60 days after the adjudication of the matter at a
						meeting 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 89 - FORMAL PROCEEDINGS › Subchapter D - ACTION BY BOARD AND SUPREME COURT › Section 89.204 - Dismissal of proceeding

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 208(d)(2)(i) provides that in the event
						that the Board determines that a proceeding should be dismissed, it shall so
						notify the respondent-attorney. In such event the Executive Office shall notify
						the respondent-attorney and staff counsel by means of Form DB-11 (Notice of
						Dismissal of Formal Proceedings). Disciplinary Counsel shall notify the
						complainant in writing of the dismissal.
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 D - ACTION BY BOARD AND SUPREME COURT › Section 89.206 - Transmission of record to Supreme Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 208(d)(2)(iii) provides that in the event that the Board shall
					 determine that the matter should be concluded by probation, censure,
					 suspension, disbarment, or by informal admonition, private reprimand, or public
					 reprimand in cases where the respondent-attorney is unwilling to have the
					 matter concluded by informal admonition, private reprimand, or public
					 reprimand, the Board shall file its findings and recommendations, together with
					 the briefs, if any, before the Board and the entire record, with the Supreme
					 Court.
(b)
Procedure
. The Board Prothonotary shall file the record, the
					 briefs on exceptions and the briefs opposing exceptions, if any, and the
					 finding and recommendations of the Board with the Supreme Court by means of
					 Form DB-13 (Request for Supreme Court Action) and an appropriate letter of
					 transmittal. Copies of such finding and recommendations and letter of
					 transmittal shall be served by the Board Prothonotary upon the
					 participants.
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 D - ACTION BY BOARD AND SUPREME COURT › Section 89.207 - Review and action in the Supreme Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Enforcement Rule 208(e)(5) provides that the Supreme Court shall review the
					 record, where appropriate consider oral argument, and enter an order.
					 Enforcement Rule 208(a)(2)(iii) provides that review by the Supreme Court shall
					 be de novo and the Court may impose a sanction greater or less than that
					 recommended by the Board.
(b)
Board recommendation of disbarment.
Enforcement Rule 208(e)(2)
					 provides that in the event the Board recommends that the matter should be
					 concluded by disbarment, the respondent-attorney may, within 20 days after
					 service of the findings and recommendations of the Board under subsection (e),
					 submit to the Supreme Court a request to present oral argument.
(c)
Board recommendations other than
					 disbarment.
Enforcement Rule 208(e)(3) provides that in the event the
					 Board recommends a sanction less than disbarment, and the Court, after
					 consideration of the recommendation, is of the view that a rule to show cause
					 should be served upon respondent-attorney, why an order of disbarment not be
					 entered, such a rule shall be issued; that a copy of the rule shall be served
					 on Disciplinary Counsel (see §
											89.27 (relating to service upon
					 Disciplinary Counsel)); that within 20 days after service of the rule either
					 party may submit to the Supreme Court a response thereto; that within 10 days
					 after service of a response, the other party may submit to the Supreme Court a
					 reply thereto; and that respondent-attorney in such case shall have the
					 absolute right upon request for oral argument.
(d)
Oral argument.
Enforcement Rule 208(e)(4) provides that, except as provided in subsections (b)
					 and (c), the respondent-attorney will not be afforded the right of oral
					 argument.
(e)
Service of
					 papers.
Enforcement Rule 208(e)(1) provides that service of the
					 findings and recommendations of the Board upon the respondent-attorney shall be
					 governed by 210 Pa. Code Rules 121 and 122 (relating to filing and service and
					 content and form of proof of service). See §
											85.12 (relating to filings 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 89 - FORMAL PROCEEDINGS › Subchapter D - ACTION BY BOARD AND SUPREME COURT › Section 89.208 - Participation by the Board before the Supreme Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
In cases
					 where Disciplinary Counsel elects to urge in the Supreme Court pursuant to §
											93.63(b)(2)
					 (relating to powers and duties of Office of Disciplinary Counsel) a position
					 inconsistent with any finding or recommendation of the Board, the Board may
					 obtain counsel, independent of the Office of Disciplinary Counsel, who shall
					 seek to support before the Court the findings and recommendations of the
					 Board.
(b)
Procedure.
Within 20 days after transmittal of the findings
					 and recommendations of the Board to the Chief Justice of Pennsylvania pursuant
					 to §
											89.206(b)
					 (relating to transmission of record to Supreme Court; confidentiality) or §
											89.273(a)(5)
					 (relating to procedures for reinstatement), Chief Disciplinary Counsel shall
					 submit to the Board a memorandum describing any position contrary to the
					 findings and recommendations of the Board which the Office of Disciplinary
					 Counsel has elected to urge in 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 89 - FORMAL PROCEEDINGS › Subchapter D - ACTION BY BOARD AND SUPREME COURT › Section 89.209 - Expenses of formal proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 208(g)(1) provides that unless otherwise
						directed by the Supreme Court, the respondent-attorney shall pay the necessary
						expenses incurred in the investigation and prosecution of a proceeding which
						results in the imposition of discipline or transfer to disability inactive
						status. All expenses so taxed pursuant to orders of suspension that are not
						stayed in their entirety or disbarment shall be paid by the respondent-attorney
						within 30 days after notice transmitted to the respondent-attorney of taxed
						expenses. In all other cases, expenses taxed under Rule 208(g)(1) shall be paid
						by the respondent-attorney within 30 days of entry of the order taxing the
						expenses against the respondent-attorney. Failure to pay such taxed expenses
						within 30 days after the date of the entry of the order will result in action
						taken by the Board pursuant to §
											93.112 (relating to failure to
						pay taxed expenses) which will result in the entry of an order placing the
						respondent-attorney on administrative suspension.
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 E - REOPENING OF RECORD › Section 89.251 - Reopening on application of party

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Petition to reopen
. At any time after the conclusion of a
					 hearing in a proceeding or adjournment thereof
sine die
, any
					 participant in the proceeding may file with the hearing committee or special
					 master, if before issuance by the hearing committee or special master of the
					 report to the Board required by §
											89.171 (relating to filing of
					 report), otherwise with the Board Prothonotary, a petition to reopen the
					 proceeding for the purpose of taking additional evidence. Such petition shall
					 set forth clearly the facts claimed to constitute grounds requiring reopening
					 of the proceedings, including material changes of fact or of law alleged to
					 have occurred since the conclusion of the hearing.
(b)
Responses
. Within ten
					 days following the service of such petition, any other participant may file
					 with the hearing committee, special master or the Board Prothonotary, an answer
					 thereto, and in default thereof shall be deemed to have waived any objection to
					 the granting of such petition.
(c)
Action on petition.
As soon as practicable after the filing of
					 responses to such petitions or default thereof, as the case may be, the hearing
					 committee, special master or the Board will grant or deny such
					 petition.
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 E - REOPENING OF RECORD › Section 89.252 - Reopening before filing of report

Current through Register Vol. 54, No. 28, July 13, 2024
At any time prior to the filing of the report to the
						Board required by §
											89.171 (relating to filing of
						report) a hearing committee or special master, after notice to the
						participants, may reopen the proceeding for the reception of further evidence
						on its own motion, if the hearing committee or special master has reason to
						believe that conditions of fact or of law have so changed as to require, or
						that the public interest requires, the reopening of such
						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 89 - FORMAL PROCEEDINGS › Subchapter E - REOPENING OF RECORD › Section 89.253 - Reopening by Board action

Current through Register Vol. 54, No. 28, July 13, 2024
At any time prior to the issuance by the Board of its
						decision in a proceeding the Board, after notice to the participants, may
						without motion reopen the proceeding and remand to a hearing committee or
						special master for the reception of further evidence, if the Board has reason
						to believe that conditions of fact or law have so changed as to require, or
						that the public interest requires, the reopening of such
						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 89 - FORMAL PROCEEDINGS › Subchapter F - REINSTATEMENT AND RESUMPTION OF PRACTICE › REINSTATEMENT OF FORMERLY ADMITTED ATTORNEYS › Section 89.271 - Reinstatement only by Court order

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 218(a) provides that an attorney may
						  not resume practice until reinstated by order of the Supreme Court after
						  petition pursuant to Rule 218 if the attorney:
(1) is on retired status, inactive status or
						administrative suspension and has not been on active status at any time within
						the preceding three years;
(2)
						assumed inactive status under Enforcement Rule 219(i)(1) in connection with the
						sale of his or her practice pursuant to Rule
						1.17(f) of the
						Pennsylvania Rules of Professional Conduct (relating to the sale of a law
						practice by reason of disability);
(3) was transferred to disability inactive
						status, except that an attorney who is on disability inactive status under
						Enforcement Rule 301(c) shall be subject to the provisions of this rule only if
						the Court so directs;
(4) was
						suspended for a period exceeding one year; or
(5) was disbarred.
Note
: Probation under §
													89.291 (relating to probation)
						  may be imposed in conjunction with a suspension which may be stayed in whole or
						  in part. If probation is imposed in any particular case in conjunction with a
						  suspension for more than one year that is not stayed and the probation runs for
						  the full period of suspension unless violated, the probation will continue
						  until the termination of any required 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 89 - FORMAL PROCEEDINGS › Subchapter F - REINSTATEMENT AND RESUMPTION OF PRACTICE › REINSTATEMENT OF FORMERLY ADMITTED ATTORNEYS › Section 89.274 - Notice of reinstatement proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
The
						Executive Office shall forward a copy of the petition for reinstatement and
						Form DB-30 (Reference for Reinstatement Hearing) to:
(1) The Office of Disciplinary
						Counsel;
(2) The president judge of
						the court of common pleas of the judicial district in which the formerly
						admitted attorney practiced;
(3)
						The chief judge of the United States district court for the district in which
						such attorney practiced;
(4) The
						executive director of the bar association of the county in which such attorney
						practiced;
(5) The Executive
						Director of the Pennsylvania Bar Association; and
(6) The Executive Director of the Lawyers
						Fund for Client Security.
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 89.275 - Completion of questionnaire by petitionerattorney

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
The
						petitioner-attorney shall attach to the petition for reinstatement a fully
						completed Form DB-36 (Reinstatement Questionnaire) or Form DB-36A (Special
						Reinstatement Questionnaire), as applicable. The petitioner-attorney shall set
						forth fully and accurately on the questionnaire, information requested
						therein.
(b)
Effect of
						questionnaire.
The questionnaire shall bear a notice under
						18 Pa.C.S. §
													4904(b) (relating to
						statement "under penalty") to the effect that false statements made therein are
						punishable, and shall become a part of the record in the reinstatement
						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 89 - FORMAL PROCEEDINGS › Subchapter F - REINSTATEMENT AND RESUMPTION OF PRACTICE › REINSTATEMENT OF FORMERLY ADMITTED ATTORNEYS › Section 89.276 - Procedures before the Board

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of these rules applicable to formal
						  proceedings shall govern the procedure for hearings before one or more hearing
						  committee members and subsequent review by the Board upon petitions 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 89 - FORMAL PROCEEDINGS › Subchapter F - REINSTATEMENT AND RESUMPTION OF PRACTICE › REINSTATEMENT OF FORMERLY ADMITTED ATTORNEYS › Section 89.278 - Expenses of reinstatement proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
Enforcement Rule 218(f)(1) provides that a
						  non-refundable reinstatement filing fee shall be assessed against a
						  petitioner-attorney. A filing fee schedule is set forth in the rule.
						  Enforcement Rule 218(f)(2) provides that unless otherwise directed by the
						  Supreme Court, the petitioner-attorney shall pay the necessary expenses
						  incurred in the investigation and processing of the petition for reinstatement
						  and in any proceeding that results in the grant, denial or withdrawal of the
						  petition. After a Supreme Court order granting reinstatement is entered, the
						  petitioner-attorney shall pay the annual assessment required by Enforcement
						  Rule 219(b).
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 89.279 - Evidence of competency and learning in law

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Except as
						provided in subsection (b), in order to permit the Board to determine under
						Enforcement Rule 218 (relating to reinstatement) whether a formerly admitted
						attorney who has been disbarred or suspended for more than one year or who has
						been on administrative suspension, retired status or inactive status for more
						than three years possesses the competency and learning in the law required for
						reinstatement to practice in this Commonwealth, such a formerly admitted
						attorney shall within one year preceding the filing of the petition for
						reinstatement take courses meeting the requirements of the current schedule
						published by the Executive Office under subsection (c).
(b)
Exceptions.
(1) If a formerly admitted attorney has
						passed the Pennsylvania Bar Examination subsequent to entry of the order of
						suspension, disbarment or administrative suspension, or assumption of retired
						or inactive status and within one year preceding the filing of the petition for
						reinstatement, the formerly admitted attorney shall be conclusively deemed to
						have proven that he or she has the competency and learning in law required
						under Enforcement Rule 218.
(2) The
						Chair of the Board may waive the requirements of subsection (a) for good cause
						shown in the case of a formerly admitted attorney who has been on
						administrative suspension, retired status or inactive status for more than
						three years.