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THE COURTS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CHS. 91 AND 93]

Amendments to Rules of Organization and Procedure of The Disciplinary Board of the Supreme Court of Pennsylvania; Order No. 64

[36 Pa.B. 1490]

   Section 91.3 of the rules of the Board designates the person who is to hear a challenge to a subpoena, but does not provide any time limits for the filing or service of motions and answers, or the scheduling of a hearing. The Board has adopted the amendments to its rules set forth in Annex A to address those timing issues. A Notice of Proposed Rulemaking regarding the amendments was published at 35 Pa.B. 6494 and no comments were received in response.

   The Disciplinary Board of the Supreme Court of Pennsylvania finds that the amendments to the Rules of Organization and Procedure of the Board adopted hereby are not inconsistent with the Pennsylvania Rules of Disciplinary Enforcement and are necessary and appropriate for the administration of the affairs of the Board.

   The Board, acting pursuant to Pa.R.D.E. 205(c)(10), orders:

   (1)  Title 204 of the Pennsylvania Code is hereby amended as set forth in Annex A hereto.

   (2)  The Secretary of the Board shall duly certify this Order, and deposit the same with the Administrative Office of Pennsylvania Courts as required by Pa.R.J.A. 103(c).

   (3)  The amendments adopted hereby shall take effect upon publication in the Pennsylvania Bulletin.

   (4)  This Order shall take effect immediately.

By The Disciplinary Board of the
Supreme Court of Pennsylvania

ELAINE M. BIXLER,   
Secretary

Annex A

TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

Subpart C. DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA

CHAPTER 91. MISCELLANEOUS MATTERS

Subchapter A. SERVICE, SUBPOENAS, DEPOSITIONS AND RELATED MATTERS

IN GENERAL

§ 91.3. Determination of validity of subpoena.

   (a)  In general. Enforcement Rule 213(d) provides that any attack on the validity of a subpoena issued under these rules shall be handled as follows:

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   (b)  Procedure.

   (1)  A motion attacking a subpoena must be filed with the Office of the Secretary within ten days after service of the subpoena. A copy of the motion must be served on the other party to the investigation or proceeding.

   (2)  Any answer to the motion must be filed with the Office of the Secretary within five days after service of the motion on the other party under paragraph (1).

   (3)  The Office of the Secretary must transmit the motion and any answer to the person designated in subsection (a)(1) or (2) to hear the motion, who must schedule a hearing on the motion within ten days after the date by which an answer must be filed. A report with findings of fact and conclusions of law must be filed with the Office of the Secretary within ten days after the conclusion of the hearing.

CHAPTER 93. ORGANIZATION AND ADMINISTRATION

Subchapter B. THE DISCIPLINARY BOARD

§ 93.23. Powers and duties.

   (a)  General rule. Enforcement Rule 205(c) provides that the Board shall have the power and duty:

*      *      *      *      *

   (7)  To assign periodically, through its Secretary, senior or experienced hearing committee members within each disciplinary district to:

*      *      *      *      *

   (ii)  hear and determine attacks on the validity of subpoenas issued pursuant to § 91.2 (relating to subpoenas and investigations), as provided in § [91.3(2)] 91.3(a)(2) (relating to determination of validity of subpoena); or

*      *      *      *      *

[Pa.B. Doc. No. 06-525. Filed for public inspection March 31, 2006, 9:00 a.m.]



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