PART V. PROFESSIONAL ETHICS AND CONDUCT [204 PA. CODE CH. 89] Amendment to the Rules of Organization and Procedure of the Board; Order No. 53; Doc. R-124 [28 Pa.B. 3504] In this Order, the Disciplinary Board of the Supreme Court of Pennsylvania is adopting a technical correction to its Rules of Organization and Procedure relating to the procedure for reinstatement of suspended or disbarred attorneys.
Rule 218(b) of the Rules of Disciplinary Enforcement provides that a person who has been disbarred may not apply for reinstatement until the expiration of at least five years from the date of disbarment. The Rules of Disciplinary Enforcement, however, do not restrict when a person who has been suspended may apply for reinstatement. The rules of the Board provide in § 89.272(b) that the Board will entertain a petition for reinstatement filed within nine months prior to the expiration of a suspension or disbarment, which is inconsistent with Pa.R.D.E. 218(b). The Board is accordingly amending § 89.272(b) to conform to Pa.R.D.E. 218(b) with respect to persons applying for reinstatement after disbarment. No change is being proposed with respect to persons applying for reinstatement after a suspension because the Board rule is not inconsistent with the Rules of Disciplinary Enforcement in that respect.
The Disciplinary Board of the Supreme Court of Pennsylvania hereby finds that the amendment to the Rules of Organization and Procedure of the Board adopted hereby is not inconsistent with the Pennsylvania Rules of Disciplinary Enforcement and is necessary and appropriate for the administration of the affairs of the Board.
The Board, acting pursuant to Rule 205(c)(10) of the Pennsylvania Rules of Disciplinary Enforcement, orders:
(1) Title 204 of the Pennsylvania Code is hereby amended as set forth in Annex A hereto.
(2) The Secretary of the Board shall duly certify this Order and deposit the same with the Administrative Office of Pennsylvania Courts as required by Pa.R.J.A. 103(c).
(3) The amendments adopted hereby shall take effect upon publication in the Pennsylvania Bulletin and shall apply to petitions for reinstatement filed on or after that date.
(4) This Order shall take effect immediately.
By The Disciplinary Board of the
Supreme Court of PennsylvaniaELAINE M. BIXLER,
Executive Director & SecretaryAnnex A TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS PART V. PROFESSIONAL ETHICS AND CONDUCT CHAPTER 89. FORMAL PROCEEDINGS Subchapter F. REINSTATEMENT AND RESUMPTION OF PRACTICE REINSTATEMENT OF FORMERLY ADMITTED ATTORNEYS § 89.272. Waiting period.
* * * * * (b) Premature petitions. Unless otherwise provided in an order of suspension or disbarment, the Board will not entertain a petition for reinstatement filed [more than nine months] prior to the expiration of the period set forth in subsection (a), or more than nine months prior to the expiration of the term of suspension, as the case may be. The Board will also not entertain a petition for reinstatement filed before the formerly admitted attorney has paid in full any costs taxed under § 89.209 (relating to expenses of formal proceedings) or under § 89.278 (relating to expenses of reinstatement proceedings) with respect to any previous reinstatement proceeding and has made any required restitution to the Lawyers Fund for Client Security under Enforcement Rule 531 (relating to restitution a condition for reinstatement).
* * * * * [Pa.B. Doc. No. 98-1182. Filed for public inspection July 24, 1998, 9:00 a.m.]
