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

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