2265 Amendments to the Pennsylvania Bar admission rules and the Pennsylvania rules of disciplinary enforcement relating to misstatements or omissions in licensure applications

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV. ADMISSION TO PRACTICE OF LAW

[204 PA. CODE CH. 71]

Amendments to the Pennsylvania Bar Admission Rules and the Pennsylvania Rules of Disciplinary Enforcement Relating to Misstatements or Omissions in Licensure Applications

[35 Pa.B. 6639]

   Notice is hereby given that The Pennsylvania Board of Law Examiners and The Disciplinary Board of the Supreme Court of Pennsylvania are considering recommending to The Supreme Court of Pennsylvania that it amend the Pennsylvania Bar Admission Rules and the Pennsylvania Rules of Disciplinary Enforcement to make clear that a material misstatement or omission by an applicant for a license to practice law may be grounds to revoke the applicant's license.

   Pennsylvania Rules of Disciplinary Enforcement 203(b) and 204(a) are proposed to be amended to provide expressly that a material misstatement or omission in an application submitted to the Board of Law Examiners constitutes grounds for discipline. The Disciplinary Board would have the authority to revoke the applicant's license or to impose some other form of discipline. Pennsylvania Bar Admission Rule 201(c) is proposed to be amended to provide notice to applicants that a material misstatement or omission in an application will be grounds for discipline.

   Interested persons are invited to submit written comments regarding the proposed amendments to the Office of the Executive Director, Pennsylvania Board of Law Examiners, 5070A Ritter Road, Suite 500, Mechanicsburg, PA 17055, and to the Office of the Secretary, The Disciplinary Board of the Supreme Court of Pennsylvania, First Floor, Two Lemoyne Drive, Lemoyne, PA 17043, on or before January 13, 2006.

By Pennsylvania Board of Law Examiners

MARK S. DOWS,   
Executive Director

By The Disciplinary Board of the Supreme Court of Pennsylvania

ELAINE M. BIXLER,   
Secretary of the Board

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV.  ADMISSION TO PRACTICE OF LAW

CHAPTER 71.  PENNSYLVANIA BAR ADMISSION RULES

Subchapter B.  ADMISSION TO THE BAR GENERALLY

IN GENERAL

Rule 201. Bar of the Commonwealth of Pennsylvania.

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   (c)  Changes in status under Enforcement Rules. An attorney admitted to the bar or issued a limited license to practice law as an in-house corporate counsel, military attorney, or foreign legal consultant:

   (1)  may be disbarred, suspended or transferred to inactive status and may be readmitted or otherwise reinstated pursuant to the Enforcement Rules [administered by The Disciplinary Board of the Supreme Court of Pennsylvania.];

   (2)  may have such admission to the bar or limited license to practice law revoked or another appropriate sanction imposed pursuant to the Enforcement Rules when the attorney made a material misrepresentation of fact or deliberately failed to disclose a material fact in connection with an application submitted under these rules that is not discovered prior to the attorney being admitted to the bar or issued a limited license to practice law.

   (d)  Certification of good standing. Upon written request and the payment of a fee of $25.00 the Prothonotary shall issue a certificate of good standing to any member of the bar of this Commonwealth or limited licensed attorney entitled thereto. The certificate shall be one appropriate for admission to the bar of the federal courts and other state courts. A certificate of good standing shall not be issued to a member of the bar of this Commonwealth or limited licensed attorney who currently is the subject of:

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   (3)  a petition for transfer to inactive status pursuant to Enforcement Rule 301 (relating to proceedings where an attorney is declared to be incompetent or is alleged to be incapacitated).

   Official Note: If a person's admission to practice law or limited license to practice law as an in-house corporate counsel or foreign legal consultant is revoked for a material misrepresentation or omission, the person will be required to reapply de novo. Any such persons who are seeking admission to practice law must meet all of the requirements for admission to the bar, including the taking and passing of the current bar examination if more than three years have passed since the prior certificate recommending the person's admission to the bar was issued by the Board. At the time of reapplication, the Board will make a determination as to the applicant's character and fitness to practice law, taking into account all of the existing character issues, including the prior misrepresentation or omission.

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Annex B

PART V.  PROFESSIONAL ETHICS AND CONDUCT

Subpart B.  DISCIPLINARY ENFORCEMENT

CHAPTER 83.  PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT

Subchapter B.  MISCONDUCT

Rule 203. Grounds for discipline.

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   (b)  The following shall also be grounds for discipline:

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   (6)  Making a material misrepresentation of fact or deliberately failing to disclose a material fact in connection with an application submitted under the Pennsylvania Bar Admission Rules.

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Rule 204. Types of discipline.

   (a)  Misconduct shall be grounds for:

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   (7)  Revocation of an attorney's admission or license to practice law in the circumstances provided in Rule 203(b)(6) (relating to grounds for discipline).

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[Pa.B. Doc. No. 05-2265. Filed for public inspection December 9, 2005, 9:00 a.m.]