Section 87.8. District office action or recommendation

(a) General rule. Enforcement Rule 208(a)(2) provides that upon the conclusion of an investigation, Disciplinary Counsel may dismiss the complaint as frivolous, as falling outside the jurisdiction of the Board, or on the basis of Board policy or prosecutorial discretion. Disciplinary Counsel may recommend:

(1) Dismissal of the complaint.

(2) A conditional or unconditional informal admonition of the attorney concerned.

(3) A conditional or unconditional private reprimand by the Board of the attorney concerned.

(4) A conditional or unconditional public reprimand by the Board of the attorney concerned.

(5) The prosecution of formal charges before a hearing committee or special master.

(b) District office procedure. Following completion of any investigation of the complaint and after consideration of any statement of position filed by the respondent-attorney pursuant to § 87.7 (relating to notification to respondent-attorney of complaint) the Assistant Disciplinary Counsel assigned to the district office shall promptly complete the appropriate form specified in subsection (c). The action taken or disposition recommended shall be one of the following:

(1) Dismissal for lack of jurisdiction.

(2) Dismissal because frivolous.

(3) Dismissal on the basis of prosecutorial discretion.

(4) Dismissal on the basis of Board policy.

(5) Dismissal for any other reason.

(6) Conditional or unconditional informal admonition, private reprimand, or public reprimand. An informal admonition, private reprimand, or public reprimand shall be administered in those cases in which a violation of § 85.7 (relating to grounds for discipline) is found, but which is determined to be of insufficient gravity to warrant prosecution of formal charges.

(7) Prosecution of formal charges before a hearing committee or special master.

(c) Selection of form. Action under subsection (b)(1), (2), (3), (4) or (5) of this section may be recommended by the assigned Assistant Disciplinary Counsel and taken with the written concurrence of the Assistant Disciplinary Counsel-in-Charge, any other Assistant Disciplinary Counsel designated to serve in his or her absence or unavailability, the Chief Disciplinary Counsel, or an Assistant Disciplinary Counsel designated by the Chief Disciplinary Counsel to review such recommendations. In such cases the district office shall prepare and attach to the file Form DB-4 (Final Disposition of Complaint). In other cases where disposition under subsection (b)(1), (2), (3), (4) or (5) may be appropriate, the assigned Assistant Disciplinary Counsel shall prepare a Form DB-5 (Recommendation on Final Disposition of Complaint) and forward such form and the related file to Chief Disciplinary Counsel or his or her designee for review and action. In all other cases, Assistant Disciplinary Counsel shall prepare and attach to the file Form DB-3 (Referral of Complaint to Reviewing Hearing Committee Member).

The provisions of this § 87.8 amended August 30, 1985, effective August 31, 1985, 15 Pa.B. 3080; amended January 15, 1988, effective January 16, 1988, 18 Pa.B. 241; amended November 14 and 17, 1989 and December 6 and 20, 1989, effective April 14, 1990, 20 Pa.B. 2009; amended March 11, 2005, effective immediately, 35 Pa.B. 1656; amended May 29, 2009, effective May 30, 2009, 39 Pa.B. 2687. Immediately preceding text appears at serial pages (309891) to (309892).