212 Amendments to the Pennsylvania rules of disciplinary enforcement relating to reinstatement procedures

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 83]

Amendments to the Pennsylvania Rules of Disciplinary Enforcement Relating to Reinstatement Procedures

[33 Pa.B. 744]

   Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania is considering recommending to the Pennsylvania Supreme Court that it amend the Pennsylvania Rules of Disciplinary Enforcement as set forth in Annex A to clarify the procedure to be followed when a formerly admitted attorney files a petition for reinstatement.

   Pa.R.D.E. 218(c)(2) currently provides that when a reinstatement petition is filed with the Board it is to be immediately assigned to a hearing committee. Pa.R.D.E. 218(c)(3) then requires the hearing committee to promptly schedule a hearing on the petition. Since the Office of Disciplinary Counsel typically does not have time to investigate the matter before the hearing, the routine practice is to continue the hearing until the necessary investigation has been completed. The board is considering recommending an amendment to Pa.R.D.E. 218(c)(2) that would give Disciplinary Counsel a period of 60 days to conduct an investigation and prepare a response before the petition is referred to a hearing committee.

   Interested persons are invited to submit written comments regarding the proposed amendments 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 March 18, 2003.

By The Disciplinary Board of the
   Supreme Court of Pennsylvania

ELAINE M. BIXLER,   
Executive Director and Secretary

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 218.  Reinstatement.

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   (c)(1)  Petitions for reinstatement by formerly admitted attorneys shall be filed with the Board.

   (2)  Within 60 days after the filing of a petition for reinstatement, Disciplinary Counsel shall file a response thereto with the Board and serve a copy on the formerly admitted attorney. Upon receipt of the [petition] response, the Board shall refer the petition and response to a hearing committee in the disciplinary district in which the [respondent-attorney] formerly admitted attorney maintained an office at the time of the disbarment, suspension or transfer to inactive status. If any other formal disciplinary proceedings are then pending or have been authorized against the formerly admitted attorney, the reinstatement and disciplinary matters may be heard by the same hearing committee. In such case the combined hearing shall be held not later than 45 days after receipt by the Board of the response to the petition for reinstatement.

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[Pa.B. Doc. No. 03-212. Filed for public inspection February 7, 2003, 9:00 a.m.]