Section 85.9. Immunity

(a) Board personnel. Enforcement Rule 209(a) provides that members of the Board, members of hearing committees, special masters, Disciplinary Counsel and staff shall be immune from civil suit for any conduct in the course of their official duties; and that, for purposes of this subsection, the staff of the Board shall be deemed to include conservators and sobriety, financial or practice monitors appointed pursuant to these rules.

(b) Other persons. Enforcement Rule 209(a) further provides that all communications to the Board, a hearing committee, special master, or Disciplinary Counsel relating to misconduct by a respondent-attorney and all testimony given in a proceeding conducted pursuant to these rules shall be absolutely privileged and the person making the communication or giving the testimony shall be immune from civil suit based upon such communication or testimony.

Official Note

The Note to Enforcement Rule 209 provides that the provisions of this rule recognize that the submission and receipt of complaints against attorneys, and the investigation, hearing decision and disposition of such complaints, are all parts of a judicial proceeding conducted pursuant to the inherent power of the Supreme Court. The immunity from civil suit recognized to exist in this rule is that which exists for all participants in judicial proceedings under Pennsylvania law, so long as their statements and actions are pertinent, material and during the regular course of a proceeding.

The provisions of this § 85.9 amended November 14 and 17, 1989 and December 6 and 20, 1989, 20 Pa.B. 2009, effective April 14, 1990, 20 Pa.B. 2009; amended June 29, 1990, effective June 30, 1990, 20 Pa.B. 3576; amended July 29, 1994, effective July 30, 1994, 24 Pa.B. 3706; amended February 24, 2006, effective immediately, 36 Pa.B. 929; amended August 6, 2011, effective immediately, 41 Pa.B. 4202. Immediately preceding text appears at serial page (344895).