2106 Amendment of Rules 205(b) and (c) and 208(d) of the Pennsylvania Rules of Disciplinary Enforcement; no. 24 disciplinary rules; doc. no. 1

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendments of Rules 205(b) and (c) and 208(d) of the Pennsylvania Rules of Disciplinary Enforcement; No. 24 Disciplinary Rules; Doc. No. 1

[33 Pa.B. 5412]

Order

Per Curiam:

   And Now, this 17th day of October, 2003, it is hereby Ordered that:

   1.  Rules 205(b) and (c) and 208(d) of the Pennsylvania Rules of Disciplinary Enforcement are amended as set forth in Annex A.

   2.  To the extent that publication of a notice of proposed rulemaking would otherwise be required with respect to the amendments adopted by this Order, such publication is hereby found to be unnecessary because the immediate adoption of this Order is required in the interest of justice and efficient administration; and,

   3.  This Order shall be processed in accordance with Rule 103(b) of the Pennsylvania Rules of Judicial Administration and the amendments shall be effective immediately.

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

Subpart B.  DISCIPLINARY ENFORCEMENT

CHAPTER 83.  PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT

Subchapter B.  MISCONDUCT

Rule 205.  The Disciplinary Board of the Supreme Court of Pennsylvania.

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   (b)  The regular terms of members of the Board shall be for three years, and no member shall serve for more than two consecutive three-year terms. The terms of one-third of the members of the Board, as nearly as may be, shall expire on April 1 of each year. Except when acting under paragraphs (c)(5), (7) [and], (8) and (9) of this rule, the Board shall act only with the concurrence of not less than the lesser of:

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   (c)  The Board shall have the power and duty:

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   (9)  To administer, by the Board or through a designated panel of three members selected by the Board Chair, private reprimands to attorneys for misconduct.

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Rule 208.  Procedure.

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   (d)  Review and action by Board.

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   (2)  The Board shall either affirm or change in writing the recommendation of the hearing committee or special master by taking the following action, as appropriate, within 60 days after the adjudication of the matter at a meeting of the Board;

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   (ii)  Informal admonition or private reprimand. In the event that the Board determines that the proceeding should be concluded by informal admonition or private reprimand, it shall arrange to have the respondent-attorney appear before Disciplinary Counsel for the purpose of receiving informal admonition or before a designated panel of three members selected by the Board Chair pursuant to Pa.R.D.E. 205(c)(9), for the purpose of receiving private reprimand[, in which case the Chairman shall deliver the private reprimand].

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[Pa.B. Doc. No. 03-2106. Filed for public inspection October 31, 2003, 9:00 a.m.]