204 Pa. Code § 91.51 - Reciprocal discipline
Enforcement Rule 216 provides as follows:
(1) Upon receipt of a certified copy of a
final adjudication of any court or any body authorized by law or by rule of
court to conduct disciplinary proceedings against attorneys by any state or
territory of the United States or of the District of Columbia, a United States
court, or a federal administrative agency or a military tribunal demonstrating
that an attorney admitted to practice in this Commonwealth has been disciplined
by suspension, disbarment, revocation of license or pro hac vice admission, or
has resigned from the bar or otherwise relinquished his or her license to
practice while under disciplinary investigation in another jurisdiction or has
been transferred to disability inactive status, the Supreme Court shall
forthwith issue a notice (Form DB-19) (Notice of Reciprocal Discipline)
directed to the respondent-attorney containing:
(i) A copy of the final adjudication
described in subdivision (1).
(ii)
An order directing that the respondent-attorney inform the Court within 30 days
from service of the notice, of any claim by the respondent-attorney that the
imposition of the identical or comparable discipline or disability inactive
status in the Commonwealth would be unwarranted, and the reasons therefore. The
Executive Office shall cause this notice to be served upon the
respondent-attorney by mailing it to the address furnished by the
respondent-attorney in the last registration form filed by such person in
accordance with §
93.142 (relating to filing of
annual registration form by attorneys) or, in the case of a foreign legal
consultant, by serving it pursuant to the designation filed by the foreign
legal consultant under Pennsylvania Bar Admission Rule 341 (relating to
licensing of foreign legal consultants).
(2) In the event the discipline imposed in
the original jurisdiction has been stayed there, any reciprocal discipline
imposed in the Commonwealth shall be deferred until such stay
expires.
(3) Upon the expiration of
30 days from service of the notice issued pursuant to the provisions of
subdivision (1), the Supreme Court may impose the identical or comparable
discipline or transfer to disability inactive status unless Disciplinary
Counsel or the respondent-attorney demonstrates, or the Court finds that upon
the fact of the record upon which the discipline is predicated it clearly
appears:
(i) that the procedure was so
lacking in notice or opportunity to be heard as to constitute a deprivation of
due process;
(ii) that there was
such an infirmity of proof establishing the misconduct as to give rise to the
clear conviction that the Court could not consistently with its duty accept as
final the conclusion on that subject or
(iii) that the imposition of the same or
comparable discipline would result in grave injustice, or be offensive to the
public policy of this Commonwealth.
Where the Court determines that any of said elements exist, the Court shall enter such other order as it deems appropriate.
(4)
In all other respects, a final adjudication in another jurisdiction that an
attorney, whether or not admitted in that jurisdiction, has been guilty of
misconduct shall establish conclusively the misconduct for purposes of a
disciplinary proceeding in the Commonwealth.
(5) An attorney who has been transferred to
disability inactive status or disciplined in another court or by any body
authorized by law or by rule of court to conduct disciplinary proceedings
against attorneys by any state or territory of the United States or of the
District of Columbia, a United States court, or by a federal administrative
agency or a military tribunal, by suspension, disbarment, or revocation of
license or pro hac vice admission, or who has resigned from the bar or
otherwise relinquished his or her license to practice while under disciplinary
investigation in another jurisdiction, shall report the fact of such transfer,
suspension, disbarment, revocation or resignation to the Executive Office
within 20 days after the date of the order, judgment or directive imposing or
confirming the discipline or transfer to disability inactive
status.
Notes
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