204 Pa. Code § 89.205 - Informal admonition, private reprimand or public reprimand following formal hearing
(a)
General rule. Enforcement Rule 208(d)(2)(ii) provides that in
the event that the Board determines that the proceeding should be concluded by
informal admonition, private reprimand, or public reprimand, the Board shall
arrange to have the respondent-attorney appear in person before Disciplinary
Counsel for the purpose of receiving informal admonition or before a designated
panel of three members selected by the Board Chair pursuant to Enforcement Rule
205(c)(11) for the purpose of receiving private reprimand or public reprimand,
in which case the designated member shall deliver the private reprimand or
public reprimand. If the matter is concluded by private discipline,
Disciplinary Counsel shall notify the complainant in writing of the disposition
in conformance with the provisions of 87.51(a)(1) (relating to notification of
disposition of complaint) of these Rules.
(b)
Taxation of expenses.
Enforcement Rule 208(g)(2) provides that in the event a proceeding is concluded
by informal admonition, private reprimand, or public reprimand, the Board in
its discretion may direct that the necessary expenses incurred in the
investigation and prosecution of the proceeding shall be paid by the
respondent-attorney, and that all expenses so taxed shall be paid by the
respondent-attorney within 30 days after the date of the entry of the order
taxing the expenses against the respondent-attorney. The expenses taxable under
this subsection shall be those prescribed by 93.111 (relating to determination
of reimbursable expenses).
(c)
Notice to appear.
(1) In the
event that the Board determines that the proceeding should be concluded by
public reprimand, the Executive Office shall notify the respondent-attorney and
staff counsel by means of Form DB-12.2 (FP) (Notice to Appear for Public
Reprimand Following Formal Proceedings) which shall state that Enforcement Rule
203(b)(2) and (c) expressly provides that willful failure to appear before the
Board for public reprimand shall be an independent ground for discipline and
that the Board is a "tribunal" within the meaning of the Disciplinary Rules
(see, e.g., Rules
3.3,
3.4(c), and
3.5).
(2) In the event that the Board determines
that the proceeding should be concluded by private reprimand, the Executive
Office shall notify the respondent-attorney and staff counsel by means of Form
DB-12(FP) (Notice to Appear for Private Reprimand Following Formal Proceedings)
which shall state that Enforcement Rule 203(b)(2) and (c) expressly provides
that willful failure to appear before the Board for private reprimand shall be
an independent ground for discipline and that the Board is a "tribunal" within
the meaning of the Disciplinary Rules (see, e.g., Rules
3.3,
3.4(c), and
3.5).
(3) In the event that the Board determines
that the proceeding should be concluded by informal admonition, the Office of
Disciplinary Counsel shall notify the respondent-attorney and staff counsel by
means of Form DB-12.1(FP) (Notice to Appear for Informal Admonition Following
Formal Proceedings), which shall state that Enforcement Rule 203(b)(2) and (c)
expressly provides that willful failure to appear before Disciplinary Counsel
for informal admonition shall be an independent ground for discipline and that
Disciplinary Counsel, when administering informal admonitions, constitutes a
"tribunal" within the meaning of the Disciplinary Rules (see, e.g., Rules
3.3,
3.4(c), and
3.5).
(4) The Finance Office shall notify the
respondent-attorney of the expenses of the proceeding which have been taxed
pursuant to subsection (b) by means of a Notice of Taxation of Expenses, which
shall state that if the respondent-attorney fails to pay the taxed expenses
within 30 days after the date of the entry of the order taxing such expenses,
action will be taken by the Board pursuant to 93.112 (relating to failure to
pay taxed expenses) which will result in the entry of an order placing the
respondent-attorney on administrative suspension.
(d)
Appearance. An attorney
who is given notice to appear for informal admonition or private reprimand
shall appear in person at the time and place fixed in such notice, for the
purpose of receiving such informal admonition or private reprimand. A permanent
record shall be made of the fact of and basis for such action as is taken. The
fact of receipt of such informal admonition or private reprimand shall not
affect the good standing of the respondent-attorney as an attorney and shall be
kept confidential to the extent provided in Chapter 93 Subchapter F (relating
to confidentiality). An attorney who is given notice to appear for public
reprimand shall appear in person at the time and place fixed in such notice,
for the purpose of receiving such public reprimand. The proceeding shall be
open to the public as provided in 93.102(a) (relating to access to disciplinary
information and confidentiality), and a record shall be made of the fact of and
basis for the public reprimand, which record shall be public.
(e)
Failure to appear. The
neglect or refusal of the respondent-attorney to appear before Disciplinary
Counsel for the purposes of informal admonition without good cause shall
automatically convert the decision of the Board on informal admonition into one
for private reprimand. The neglect or refusal of the respondent-attorney to
appear before the Board for the purposes of private or public reprimand without
good cause shall automatically convert the decision of the Board on private or
public reprimand into a recommendation to the Supreme Court for censure, and
the Executive Office shall notify the respondent-attorney and the Office of
Disciplinary Counsel accordingly.
(f)
Demand for Supreme Court
review.
(1) Enforcement Rule
208(d)(2)(iii) provides that a respondent-attorney who is unwilling to have the
matter concluded by an informal admonition or private reprimand must file,
within 30 days after notice of the determination of the Board, a notice of
appeal in the Supreme Court. Enforcement Rule 208(d)(2)(iii) provides that
within 30 days after notice of the determination of the Board, the
respondent-attorney must file a notice of appeal with the Supreme
Court.
(2) A respondent-attorney
who objects to an order taxing expenses in connection with a matter concluded
by informal admonition, private reprimand, or public reprimand may file a
petition for review of such order in the Supreme Court under
42 Pa.C.S. §§
725(5) and
5105(a)(2). See 210 Pa.
Code Chapter 15 (relating to judicial review of governmental determinations)
with respect to the time limits for seeking review and other applicable
procedures.
Notes
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