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 85 - GENERAL PROVISIONS › Section 85.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject to
				  additional definitions contained in subsequent provisions of this subpart which
				  are applicable to specific chapters, subchapters or other provisions of this
				  subpart, the following words and phrases, when used in the subpart shall have,
				  unless the context clearly indicates otherwise, the meanings given to them in
				  this section:
Absent attorney
-An attorney or formerly
					 admitted attorney for whom a conservator has been sought or appointed under the
					 Enforcement Rules.
Active status
-The license status of an
					 attorney who is admitted in Pennsylvania and is registered as active under
					 Enforcement Rule 219 (relating to annual registration and assessment). An
					 attorney on active status is eligible to practice law in Pennsylvania.
Administrative Office
-The Administrative
					 Office of Pennsylvania Courts.
Administrative suspension
-The license
					 status of an attorney, after Court order under Enforcement Rule 219(g), who:
					 failed to pay the annual assessment and file the form required by subdivisions
					 (b) and (c) of Enforcement Rule 219; failed to satisfy the requirements of the
					 Pennsylvania Rules for Continuing Legal Education and was reported to the Court
					 by the Pennsylvania Continuing Legal Education Board under Rule 111(b),
					 Pa.R.C.L.E.; failed to pay any costs and fees pursuant to Enforcement Rule
					 208(g); or failed to meet the requirements for maintaining a limited law
					 license as a Limited In-House Corporate Counsel, a foreign legal consultant, an
					 attorney participant in defender or legal services programs, a military
					 attorney, or attorney spouse of an active-duty service member. An attorney on
					 administrative suspension status is ineligible to practice law in
					 Pennsylvania.
Attorney
-Includes any person subject to
					 these rules.
Attorney participant in defender or legal services
					 programs
-An attorney or the license status of an attorney holding a
					 limited admission to practice under Pennsylvania Bar Admission Rule 311
					 (relating to limited admission of participants in defender or legal services
					 programs).
Attorney Registration Office
-The
					 administrative division of the Disciplinary Board which governs the annual
					 registration of every attorney admitted to, or engaging in, the practice of law
					 in this Commonwealth, with the exception of attorneys admitted to practice pro
					 hac vice under Pennsylvania Bar Admission Rule 301.
Attorney spouse of an active-duty service
					 member
-An attorney or the license status of an attorney holding a
					 limited admission to practice under Pennsylvania Bar Admission Rule 304
					 (relating to limited admission of spouses of active-duty members of the United
					 States Uniformed Services).
Board
-The Disciplinary Board of the
					 Supreme Court of Pennsylvania.
Board Chair
-The Chair of the Disciplinary
					 Board of the Supreme Court of Pennsylvania.
Board Prothonotary
-The Prothonotary of
					 the Disciplinary Board.
Board Rule
-Any provision of this
					 subpart.
Censure
-Public censure by the Supreme
					 Court under Enforcement Rule 204(a)(3) (relating to types of
					 discipline).
Chief Disciplinary Counsel
-The Chief
					 Disciplinary Counsel appointed by the Board or, in the absence of such Chief
					 Disciplinary Counsel, the Disciplinary Counsel designated by the Chief
					 Disciplinary Counsel to serve in his absence. In the case of vacancy in office,
					 absence or inability of such Chief Disciplinary Counsel, the Disciplinary
					 Counsel designated by the Board.
Complaint
-A grievance concerning an
					 attorney communicated to the Office of Disciplinary Counsel or considered by
					 the Office of Disciplinary Counsel on its own motion.
Conservator
-A conservator appointed under
					 91.121 (relating to appointment
					 of conservator to protect interests of clients of absent attorney).
Court
-The Supreme Court of
					 Pennsylvania.
Court Prothonotary
-The Prothonotary of
					 the Supreme Court of Pennsylvania.
Disability inactive status
-The license
					 status of an attorney who: has been transferred to this status by order of the
					 Court under Enforcement Rule 301(c) after having been judicially declared
					 incapacitated by another court; has been declared incapacitated by order of the
					 Court under Enforcement Rule 301(d) from continuing the practice of law; is
					 transferred to disability inactive status by order of the Court under
					 Enforcement Rule 301(e) after contending during a pending disciplinary
					 proceeding that he or she is suffering from a disability by reason of physical
					 or mental infirmity or illness that makes it impossible for the attorney to
					 prepare an adequate defense; or has been placed on disability inactive status
					 in another jurisdiction and is transferred to disability inactive status by
					 reciprocal order of the Court under Enforcement Rule 216. The term "disability
					 inactive status" includes any transfer to inactive status based on disability
					 under Rule 216 or 301. An attorney on disability inactive status is ineligible
					 to practice law in Pennsylvania.
Disbarment
-A type of discipline in which
					 the Court withdraws the offending attorney's privilege to practice law for an
					 unspecified period of at least five years with no basis for an expectation to
					 resume the practice of law.
Disciplinary Counsel
-The Chief
					 Disciplinary Counsel and Disciplinary Counsel within the Office of Disciplinary
					 Counsel.
Disciplinary District
-One of the four
					 districts into which this Commonwealth is divided for disciplinary purposes as
					 set forth in
					 93.1 (relating to disciplinary
					 districts).
Disciplinary Rules
-The provisions of the
					 Code of Professional Responsibility, as adopted by the Supreme Court of
					 Pennsylvania on May 20, 1970, 438 Pa. XXV, as amended from time to time by
					 special order of the Court and governing lawyer conduct occurring or beginning
					 on or before March 31, 1988, as well as the provisions of the Rules of
					 Professional Conduct, as adopted by the Supreme Court of Pennsylvania on
					 October 16, 1987, 515Pa.LXIX, and effective on April 1, 1988, as amended from
					 time to time by special order of the Court. See Chapter 81 (relating to Rules
					 of Professional Conduct).
Emeritus status
-The license status of an
					 attorney admitted in Pennsylvania who has elected emeritus status, pursuant to
					 Enforcement Rule 403, in order to provide the type of pro bono services
					 authorized by Enforcement Rule 403 (relating to emeritus status) and is current
					 on all registration requirements under that rule.
Enforcement Rule
-Any provision of Chapter
					 83 (relating to Pennsylvania rules of disciplinary enforcement).
Executive Office
-The Office of the
					 Disciplinary Board established by
					 93.51 (relating to Executive
					 Office), referred herein as the "Executive Office."
Experienced hearing committee member
-An
					 attorney who at the time is a member of the panel of hearing committee members
					 in a disciplinary district and who has served on at least one hearing committee
					 that has conducted a hearing into formal charges of misconduct by a
					 respondent-attorney or a hearing on a petition for reinstatement from
					 discipline by a petitioner-attorney.
Foreign legal consultant
-A person or the
					 license status of a person who holds a current license as a foreign legal
					 consultant issued under Pennsylvania Bar Admission Rule 341 (relating to the
					 licensing of foreign legal consultants).
Formal Proceedings
-Proceedings that
					 commence with the filing of a petition for discipline. A formal proceeding does
					 not include any of the submissions or documents generated during an informal
					 proceeding unless they are made part of the record at the formal proceeding by
					 motion, by stipulation, or by admission as an exhibit during a hearing.
					 Pursuant to Enforcement Rule 402(a), formal proceedings are open to the public,
					 except as provided in Enforcement Rules 402(b) and 402(k).
Formerly admitted attorney
-A disbarred,
					 suspended, temporarily suspended, administratively suspended, permanently
					 resigned, retired, inactive, or disability inactive attorney.
Grievance
-Alleged misconduct.
Hearing Committee
-A hearing committee
					 designated under
					 93.81 (relating to hearing
					 committees).
Inactive status
-The license status of an
					 attorney who is admitted in Pennsylvania and has either elected inactive status
					 under Enforcement Rule 219 (relating to annual registration and assessment) or
					 has sold his or her practice by reason of disability pursuant to Rule
					 1.17(f) of the
					 Pennsylvania Rules of Professional Conduct. An attorney on inactive status is
					 ineligible to practice law in Pennsylvania.
Informal admonition-
A type of private
					 discipline administered by Disciplinary Counsel.
Informal Proceedings
-Proceedings that
					 commence with the submission of a complaint to the Office of Disciplinary
					 Counsel or an investigation initiated by the Office of Disciplinary Counsel. An
					 informal proceeding includes all proceedings up to the filing of a petition for
					 discipline. Informal proceedings are not open to the public.
Inquiry
-Information concerning an
					 attorney communicated to the Office of Disciplinary Counsel which does not
					 amount to a complaint.
Investigation
-Fact finding under the
					 direction of the Office of Disciplinary Counsel with respect to alleged
					 misconduct or to reinstatement.
Investigator
-Any person designated by the
					 Office of Disciplinary Counsel to assist it in investigation of alleged
					 misconduct or of reinstatement.
Judge status
-The license status of a
					 justice or judge serving on the following Pennsylvania courts of record:
					 Supreme, Superior, Commonwealth, Common Pleas, and Philadelphia Municipal; and
					 a justice or judge serving on the following federal courts: Supreme, Court of
					 Appeals, Bankruptcy, and District Court, including full-time and part-time
					 magistrate judges not otherwise engaged in the practice of law. This status
					 includes a justice or judge who served on one of these courts and is granted
					 senior status. An attorney on judge status is exempt from annual registration
					 under Enforcement Rule 219(a)(2).
Legal Counsel
-Counsel to the Board and
					 Special Counsel.
Limited In-House Corporate Counsel
-An
					 attorney or the license status of an attorney holding a limited admission to
					 practice under Pennsylvania Bar Admission Rule 302 (relating to limited
					 admission of in-house corporate counsel ).
Military attorney
-An attorney or the
					 license status of an attorney holding a limited admission to practice under
					 Pennsylvania Bar Admission Rule 303 (relating to limited admission of military
					 attorneys).
Notarial officer
-An officer authorized
					 under 91.14 (relating to officer before
					 whom deposition is taken) to take depositions for use before a hearing
					 committee.
Office of Disciplinary Counsel
-The Office
					 of Disciplinary Counsel established by
					 93.61 (relating to Office of
					 Disciplinary Counsel).
Participant
-The respondent-attorney, any
					 other person admitted by the Board to limited participation in a proceeding,
					 and staff counsel.
Petition
-A formal pleading filed by the
					 Office of Disciplinary Counsel with the Board requesting action by the Board
					 under the Disciplinary Rules, the Enforcement Rules or these rules.
Permanent resignation
-The license status
					 of an attorney who has elected to permanently resign from the Pennsylvania bar
					 under Enforcement Rule 404. An attorney on permanent resignation status is
					 ineligible to practice law in Pennsylvania.
Petitioner-attorney
-Includes any person
					 subject to these rules who has filed a petition for reinstatement to the
					 practice of law.
Practice of law
-Includes the provision of
					 legal services as a foreign legal consultant, military attorney, attorney
					 spouse of an active-duty service member, attorney participant in defender or
					 legal services programs, or pursuant to a Limited In-House Corporate Counsel
					 License.
Private reprimand
-A type of private
					 discipline imposed by the Board.
Proof of service
-A certificate of service
					 complying with
					 89.26 (relating to form of
					 certificate of service).
Public reprimand
-A type of discipline
					 imposed by the Board.
Respondent-attorney
-Includes any person
					 subject to the Enforcement Rules (See
					 85.3(a)
					 (relating to jurisdiction)).
Retired status
-The license status of an
					 attorney admitted in Pennsylvania who elects this status after having ceased
					 the practice of law in Pennsylvania. An attorney on retired status is
					 ineligible to practice law in Pennsylvania.
Reviewing hearing committee member
-A
					 hearing committee member designated under these rules to review the disposition
					 of a complaint recommended by the Office of Disciplinary Counsel.
Rules
-The provisions of this
					 subpart.
Senior hearing committee member
-An
					 attorney who at the time is a member of the panel of hearing committee members
					 in a disciplinary district and who has served (i) either as a member of the
					 Board, or (ii) on at least two hearing committees that have conducted hearings
					 into formal charges of misconduct by respondent-attorneys or hearings on
					 petitions for reinstatement from discipline by petitioner-attorneys.
Special Master
-Assigned under
					 93.91 (relating to special
					 masters), includes former Board members, former or retired justices or judges
					 not on senior status, Special Counsel, and former senior hearing committee
					 members.
Staff counsel
-The attorneys constituting
					 the Office of Disciplinary Counsel and, where appropriate, the attorney or
					 attorneys of the Office of Disciplinary Counsel who are assigned to a
					 particular investigation or proceeding.
Suspension
-A type of discipline in which
					 the Court withdraws the offending attorney's privilege to practice law for a
					 period not exceeding five years. A suspended attorney may resume the practice
					 of law only upon the entry of an order of the Court reinstating the attorney to
					 active status.
Verified statement
-A document filed with
					 the Board or the Court under the Enforcement Rules or these rules containing
					 statements of fact and a statement by the signatory that it is made subject to
					 the penalties of
					 18 Pa.C.S. §
												4904
					 (relating to unsworn falsification to authorities).
(b)
Number; tense.
In these
				  rules the singular shall include the plural, and the plural, the singular; and
				  words used in the past or present tense shall include the
				  future.