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 ON TYPE OF DISCIPLINE › Section 89.151 - Separate consideration of evidence relevant to type of discipline

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
						rule.
The receipt of evidence which is relevant solely on the issue of
						the type of discipline to be imposed shall be deferred until after the hearing
						committee or special master has found that the evidence establishes a prima
						facie violation of at least one of the disciplinary rules or enforcement rules
						alleged in the petition for discipline to have been violated. However, the
						hearing committee or special master need not specify the rule or rules found to
						have been violated before proceeding with the receipt of evidence under this
						rule.
(b)
Type of evidence
						desired.
While the participants may offer any evidence which is
						relevant and material on the issue of the type of discipline to be imposed,
						experience has shown that information concerning the respondent-attorney on the
						following subjects will be particularly helpful to the Board:
(1) Address, age and residence.
(2) Name, address, age and residence and
						relationship of dependents.
(3)
						Schools attended and degrees obtained.
(4) Date of admission in each jurisdiction to
						which admitted, and general history of the occupation of the
						respondent-attorney, with the names of all partners, associates in business and
						employers, if any, the dates and duration of all such relationships and
						employments during at least the preceding ten years.
(5) If during the period covered by the
						response to paragraph (4) the respondent-attorney was, while admitted to the
						practice of law, also engaged in any other occupation, the approximate number
						of hours per week devoted to each type of occupation and the approximate
						proportion of income derived therefrom, stated separately for each period
						during which the information materially differs from such information
						applicable to other periods.
(6) In
						cases involving charges of mishandling or misuse of funds of clients or others,
						a financial net worth statement of respondent-attorney summarizing assets and
						liabilities.
(7) A statement
						showing the dates, general nature and final disposition of every civil action
						during at least the preceding ten years in which the respondent-attorney was or
						is a party defendant and which placed in issue his or her conduct or competency
						or charged a violation of any disciplinary rule.
(8) A statement showing the dates, general
						nature and ultimate disposition of every matter involving the arrest or
						prosecution of the respondent-attorney during the preceding ten
						years.
(9) A statement of every
						disciplinary proceeding or procedure of inquiry concerning the standing of the
						respondent-attorney as a member of any profession or organization, or holder of
						any license or office, which involved the censure, removal, suspension,
						revocation of license or discipline of the respondent-attorney; and as to each,
						the dates, facts and disposition thereof, except that no evidence shall be
						received of proceedings and dispositions under these rules where the official
						records thereof are under §
													93.104(d)
						(relating to restrictions on available information) not available for use
						against the respondent-attorney.
(10) Any history of substance abuse by the
						respondent-attorney, and any rehabilitation programs currently or previously
						participated in by the respondent-attorney.