Administrative Law and Procedure, Title 6 Pa.C.S.A. (a)General rule. Disciplinary actions are to be corrective and, where 5412; amended September 9, 2004, effective September 25, 2004, 34 Pa.B. (4)Upon original admission to the bar of this Commonwealth, licensure as a foreign legal consultant, issuance of a Limited In-House Corporate Counsel License, limited admission as an attorney participant in defender or legal services programs, or limited admission as an attorney spouse of an active-duty service member, a person shall concurrently file a form under this section for the current registration year, but no annual fee shall be payable for the registration year in which originally admitted or licensed. of Pa., State Board of Medicine, 529 Pa. 535, 605 A.2d 1204 (1992), the Office of Disciplinary Counsel is charged with the duty of investigating and prosecuting all disciplinary matters subject to adjudication by the Board. Unofficial Purdon's Pennsylvania Statutes - Westlaw 929. The presence of members who are disqualified from participating in one or more matters to be considered at a meeting shall nonetheless be counted for purposes of determining the existence of a quorum for the consideration of all matters on the agenda. 1838; amended August 5, 2005, effective September 1, 2005, 35 Pa.B. 2138; amended August 7, 2009, effective immediately, 39 Pa.B. Corporations and Unincorporated Associations, Title15 P.S. 4301; amended May 29, 2009, effective May 30, 2009, 39 Pa.B. 1838; amended May 19, 2006, effective May 20, 2006, 36 Pa.B. 5552. Search Supreme Court and Disciplinary Board Opinions. 4202; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. (ii)that upon entry of the order of administrative suspension, the attorney shall comply with Chapter 91 Subchapter E (relating to formerly admitted attorneys). 827; amended May 29, 2009, effective May 30, 2009, 39 Pa.B. Rev 5 20 2016 4 44 43 PM 2015 CHAPTER 2209; amended December 18, 2019, effective in 30 days, 50 Pa.B. (vi)A certification reading as follows: I certify that all Trust Accounts that I maintain are in financial institutions approved by the Supreme Court of Pennsylvania for the maintenance of such accounts pursuant to Pennsylvania Rule of Disciplinary Enforcement 221 (relating to mandatory overdraft notification) and that each Trust Account has been identified as such to the financial institution in which it is maintained.. 3127; amended June 4, 2012, effective in 30 days, 42 Pa.B. 3749; amended May 19, 2006, effective May 20, 2006, 36 Pa.B. Enforcement Rule 219(d) provides that on or before July 1 of each year all attorneys required by the rule to pay an annual fee shall file electronically with the Attorney Registration Office an electronically endorsed form prescribed by the Attorney Registration Office in accordance with the following procedures: (i)The date on which the attorney was admitted to practice, licensed as a foreign legal consultant, granted limited admission as an attorney participant in defender or legal services programs, issued a Limited In-House Corporate Counsel License, or granted limited admission as an attorney spouse of an active-duty service member, and a list of all courts (except courts of this Commonwealth) and jurisdictions in which the person has ever been licensed to practice law, with the current status thereof. (a)General rule. 827; amended September 11, 1992, effective with respect to assessment years commencing July 1, 1992 and thereafter, 22 Pa.B. The provisions of this 93.51 amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 2687; amended August 11, 2012, effective immediately, 42 Pa.B. (2)Payment of the annual fee shall be made in one of two ways: a) electronically by credit or debit card at the time of electronic transmission of the form through the online system of the Attorney Registration Office, which payment shall include a nominal fee to process the electronic payment; or b) by check or money order drawn on a U.S. bank, in U.S. dollars using a printable, mail-in voucher. Weights, Measures and Standards [Repealed and Transferred], Title 76 Pa.C.S.A. 3706; amended March 11, 2005, effective immediately, 35 Pa.B. 6041; amended June 11, 1993, effective immediately, 23 Pa.B. Both processes are detailed on our website. A party seeking a protective order is encouraged to apply for the order at the prehearing conference to allow time for a potential appeal to the Board. Environmental Resources, Title 28 P.S. Judiciary and Judicial Procedure, Pennsylvania Rules of Disciplinary Enforcement, Court of Judicial Discipline Rules of Procedure, Rules Governing Appeals from the Court of Judicial Discipline, Rules Governing the Conduct of Members of the Court of Judicial Discipline, Judicial Conduct Board Rules of Procedure, Judicial Conduct Board Members Conduct Rules, Pennsylvania Rules of the Judicial Ethics Advisory Board, Pennsylvania Regulations of the Judicial Ethics Advisory Board, Pennsylvania Rules for Continuing Legal Education, Pennsylvania Continuing Legal Education Board Regulations, Internal Operating Procedures of the Supreme Court, Operating Procedures of the Superior Court, Internal Operating Procedures of the Commonwealth Court, Pennsylvania Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges, Pennsylvania Rules of Judicial Administration, Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, Pennsylvania Rules of Appellate Procedure, Title 44 P.S. BPOA Disciplinary Actions - Pennsylvania Department of State (c)Reinstatement upon payment of taxed costs. 2193; amended January 6, 2010, effective immediately, 40 Pa.B. This paragraph shall not be construed to require the permanent retention of correspondence, transcripts, briefs and other similar documents which underlie the final disposition of a matter by the Board, but shall include the findings of any hearing committee or special master and the action and any related opinion or opinions of the Board with respect thereto, and any other information which these rules expressly require to be made a matter of record. 2037; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5108 (relating to compounding) and that otherwise Disciplinary Counsel may be in the anomalous position of violating Rule 8.4 of the Pennsylvania Rules of Professional Conduct. Judiciary and Judicial Procedure, Title42 P.S. 3431; amended April 18, 2019, effective in 30 days, 49 Pa.B. (10)To review, through a single member designated by the Board Chair, and approve or reject a certification filed by Disciplinary Counsel under Enforcement Rule 218(d)(2)(ii) indicating that Disciplinary Counsel has determined that there is no impediment to reinstatement of the petitioner, and to issue the report and recommendation required by subdivision (d) of Enforcement Rule 218. Enforcement Rule 206(e) provides that a special master shall have the power and duty: (1)To conduct investigatory hearings and hearings into formal charges of misconduct upon assignment by the Board. (b)Enforcement Rule 402(j)(2) provides that public access to a public proceeding before a hearing committee, special master or the Board shall consist of or be supplemented by livestream technology, which access shall cease upon the conclusion of the proceeding. 2687; amended May 22, 2015, effective immediately, 45 Pa.B. 242; amended August 5, 2005, effective immediately, 35 Pa.B. The Attorney Registration Office shall refuse to accept a form that sets forth only a post office box number for either required address. 538; amended March 15, 1994, effective immediately, 24 Pa.B. (d)The Board shall, to the extent it deems feasible, consult with officers of local bar associations in the counties affected concerning any appointment which it is authorized to make under these rules. part v. professional ethics and conduct. At least one of the members of the hearing committee shall be a senior hearing committee member, and another member shall be either a senior hearing committee member or an experienced hearing committee member; the terms of hearing committee members shall be three years; no member shall serve for more than two consecutive three-year terms; a hearing committee member who has served two consecutive three-year terms may be reappointed after the expiration of one year; and the terms of members shall commence on July 1. Enforcement Rule 205(a) provides that the Supreme Court shall designate the Board Chair and the Board Vice Chair. Immediately preceding text appears at serial pages (396673) to (396674). Financial hardship shall be determined by reference to the federal poverty guidelines. 5156; amended January 30, 2015, effective March 2, 2015, 45 Pa.B. January 2023All Board Disciplinary Actions[PDF], February 2023All Board Disciplinary Actions[PDF], March 2023All Board Disciplinary Actions[PDF], April 2023All Board Disciplinary Actions[PDF]. However, it should be noted that the names of persons listed may be similar to the names of persons who have not had disciplinary or corrective measures taken against them. The provisions of this Rule 205 amended through April 1, 1983, effective April 2, 1983, 13 Pa.B. (d)Permitted uses of otherwise confidential information. No statutes or acts will be found at this website. 1980; amended April 16, 2009, effective May 1, 2009, 39 Pa.B. Immediately preceding text appears at serial pages (363186) to (363187). 1656. 4624; amended April 12, 2002, effective immediately, 32 Pa.B. 6864; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552; amended October 2, 2019, effective in 30 days from date of publication, 50 Pa.B. (3)Administrative Change in Status from Inactive Status to Active Status: An attorney on inactive status may request a resumption of active status by filing Form DB-29 (Application for Resumption of Active Status) with the Attorney Registration Office. Disciplinary action is any action that corrects, molds, strengthens or perfects an employees performance. 5552. These Rules supplement and implement the Rules of Disciplinary Enforcement, and govern proceedings before the Disciplinary If the annual fee form, voucher or payment is incomplete or if a payment of the annual fee has been returned to the Board unpaid, the annual fee shall not be deemed to have been paid until a collection fee shall also have been paid. (4)To appear at hearings conducted with respect to petitions for reinstatement by formerly admitted attorneys, to cross-examine witnesses testifying in support of the petition and to marshal available evidence, if any, in opposition thereto. (a) The Supreme Court shall appoint a board to be known as The Disciplinary Board of the Supreme Court of 929; amended November 4, 2022, effective in 30 days from date of publication, 52 Pa.B. files its Report and Recommendation with the Supreme Court of Pennsylvania recommending Probation, Public Censure, Suspension, or Disbarment. 2581. (a)General rule. (g)Requests for documents. Immediately preceding text appears at serial pages (397905) to (397906). changes effective through 53 Pa.B. WebRecommendations of the Disciplinary Board, John William Eddy is suspended from the Bar of this Commonwealth for a period of three years, retroactive to September 6, 2019. (c)Incomplete documents. The provisions of this 93.145 amended through October 12, 1984, effective October 13, 1984, 14 Pa.B. (b)Numbering. (a)Action by Attorney Registration Office. Immediately preceding text appears at serial page (203550). (3)The Disciplinary Board for good cause shown, may reduce the penalty or waive it in its entirety. 4448; amended November 14 and 17, 1989 and December 6 and 20, 1989, 20 Pa.B. Immediately preceding text appears at serial page (333782). The exemption created by subdivision (b)(1) does not include Pittsburgh Municipal Court judges, magisterial district judges, arraignment court magistrates or administrative law judges. 86 DB 2020 : : : Attorney Registration No. Legal Holidays and Observances, Title 49 Pa.C.S.A. 2457. 601 Commonwealth Ave, Suite 5600 (b)Notice to respondent-attorney. Electronic filing may be accomplished by accessing the electronic filing system available on the Disciplinary Board website. Disciplinary Board Rules, Chapter 89, Subchapter B, Institution of Proceedings. P.O. The Counties of Adams, Bradford, Cameron, Carbon, Centre, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming and York. 375; amended March 11, 2005, effective immediately, 35 Pa.B. 5552. All communications shall include the address of the person communicating, the party such person represents, and how response should be sent to such person if not by first class mail. (16)To decide, through the Board Chair, the Vice-Chair, or a designated lawyer-member of the Board, an interlocutory appeal to the Board when such appeal is permitted by the Enforcement Rules, the Board Rules, or other law. 2729; amended July 29, 1994, effective July 30, 1994, 24 Pa.B. The attorney shall file either the annual form required by 93.142(b) and request inactive status or file Form DB-28 (Notice of Voluntary Assumption of Inactive Status). (4)To assign special masters pursuant to Enforcement Rule 206(d). (c)Petitions for reinstatement. Public notice of such administrative suspension shall clearly state that suspension was ordered for failure to file the required annual form and pay the required annual fee, or for failure to comply with 93.112 (relating to failure to pay taxed expenses). (14)To petition the Court under Enforcement Rule 301(d) (relating to proceedings where an attorney is declared to be incompetent or is alleged to be incapacitated) to determine whether an attorney is incapacitated from continuing the practice of law by reason of mental infirmity or illness or because of addiction to drugs or intoxicants, and to retain counsel other than Disciplinary Counsel to represent the Board in such proceedings when the Board considers such separate representation to be appropriate. Immediately preceding text appears at serial pages (400492) and (397901). Fax - (717) 787-7769. (b)Certain informal proceedings. 2729; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 929; amended May 29, 2009, effective May 30, 2009, 39 Pa.B. The Disciplinary Board will make the information regarding insurance available to the public upon written or oral request and on its website. View an attorneys contact information and disciplinary history. (b)Pleadings. A matter may be dismissed at any point prior to review by a Hearing Committee Member or at Disposition points only. The provisions of this 93.143 amended March 6, 1981, effective March 7, 1981, 11 Pa.B. of Pa., State Board of Medicine, 529 Pa. 535, 605 A.2d 1204 (1992), the Office of Disciplinary Counsel is charged with the duty of investigating and prosecuting all disciplinary matters subject to adjudication by the Board. The provisions of this 93.61 amended March 11, 2005, effective immediately, 35 Pa.B. 4725; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. Savings Associations [Reserved], Title72 P.S. Immediately preceding text appears at serial page (397930). Legal Ethics & Professional Conduct Finding Pennsylvania Disciplinary Board Rules Free Online Resources Onsite Print & Electronic Rules of Disciplinary Witness testimony may be presented via ACT upon motion for cause shown. 2216; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. Weights, Measures and Standards [Reserved], Title77 Pa.C.S.A. Immediately preceding text appears at serial page (397917). 5325; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. 1656. The grant of a waiver under this subdivision (a) shall include waiver of the additional annual fees. (5)To assign formal charges or the conduct of an investigatory hearing to a hearing committee or special master, and to assign a reinstatement petition to a hearing committee. Petitioner v. ALAN KANE, Respondent : : : No. 4624; amended August 7, 2009, effective immediately, 39 Pa.B. The Member may approve or modify ODCs recommended disposition, or direct dismissal of the complaint. 2009; amended March 1, 1991, effective March 2, 1991, 21 Pa.B. 5365; amended November 26, 1990, effective December 15, 1990, 20 Pa.B. Municipalities Generally, Title61 P.S. Enforcement Rule 402(g) provides that, except as provided in subsection (c), if nonpublic information is requested pursuant to subsection (a) and the respondent-attorney has not signed an applicable waiver of confidentiality, the respondent-attorney shall be notified in writing at the last known address of the respondent-attorney of what information has been requested and by whom, together with a copy of the information proposed to be released to the requesting agency or board. Harrisburg, PA 17106-2625, Phone: 717.231.3380 Upon application of any person during a conference or hearing under Chapter 89 Subchapter C (relating to hearing procedures) and for good cause shown, the senior or experienced hearing committee member conducting the conference or the hearing committee or special master conducting the hearing may issue a protective order prohibiting the disclosure of specific information otherwise privileged or confidential, and may direct that a hearing be conducted in such a way as to preserve the confidentiality of the information that is the subject of the protective order. Workmen's Compensation [Reserved], Title78 Pa.C.S.A. 827; amended August 7, 2020, effective in 30 days, 50 Pa.B. (b)Organization. 4725; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. Mechanics' Liens [Reserved], Title 50 Pa.C.S.A. 7250; amended August 17, 2018, effective in 30 days, 48 Pa.B. (1)Failure to pay taxed expenses within thirty days of the assessment becoming final in accordance with subdivisions (g)(1) and (g)(2) of Enforcement Rule 208 and subdivision (f)(3) of Enforcement Rule 218, and/or failure to pay administrative fees assessed in accordance with subdivision (g)(4) of Enforcement Rule 208 within thirty days of notice transmitted to the respondent-attorney shall result in the assessment of a penalty, levied monthly at the rate of 0.8% of the unpaid principal balance, or such other rate as established by the Supreme Court of Pennsylvania, from time to time.

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