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Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

[ 204 PA. CODE CH. 83 ]

Amendments of Pennsylvania Rules of Disciplinary Enforcement 203, 214 and 216; No. 79; Disciplinary Rules Docket

[39 Pa.B. 4887]
[Saturday, August 15, 2009]

Order

Per Curiam:

   And Now, this 29th day of July, 2009, Rules 203, 214 and 216 of the Pennsylvania Rules of Disciplinary Enforcement are amended to read as set forth in Annex A.

   This Order shall be processed in accordance with Rule 103(b) of the Pennsylvania Rules of Judicial Administration. The amendments adopted hereby shall take effect in thirty days.

PATRICIA NICOLA,   
Chief Clerk
Supreme Court of Pennsylvania

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

Subpart B.  DISCIPLINARY ENFORCEMENT

CHAPTER 83.  PENNSYLVLANIA RULES OF DISCIPLINARY ENFORCEMENT

Subchapter B.  MISCONDUCT

Rule 203.  Grounds for discipline.

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   (b)  The following shall also be grounds for discipline:

   (1)  Conviction of a crime [which under Enforcement Rule 214 (relating to attorneys convicted of crimes) may result in suspension].

*      *      *      *      *

Rule 214.  Attorneys convicted of crimes.

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   (d)(1)  Upon the filing with the Supreme Court of a certified copy of an order demonstrating that an attorney has been convicted of a serious crime, the Court may enter a rule directing the respondent-attorney to show cause why the respondent-attorney should not be placed on temporary suspension, which rule shall be returnable within ten days.

*      *      *      *      *

   (5)  At any time before a plea or verdict or after a guilty plea or verdict of guilt in the criminal proceeding, Disciplinary Counsel and the respondent-attorney may file with the Court a joint petition for temporary suspension of the respondent-attorney on the ground that the respondent-attorney's temporary suspension is in the best interest of the respondent and the legal system.

   (e)  A certificate of conviction of an attorney for a [serious] crime [filed under subdivision (b) or (c)] shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against the attorney based upon the conviction.

*      *      *      *      *

Rule 216.  Reciprocal discipline.

   (a)  Upon receipt of a certified copy of an order, judgment or disciplinary directive of another court, a federal government agency or a military tribunal demonstrating that an attorney admitted to practice in this Commonwealth has been disciplined by suspension, [or] disbarment, or 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, the Supreme Court shall forthwith issue a notice directed to the respondent-attorney containing:

   (1)  a copy of said order, judgment or directive from the other [jurisdiction] court, federal government agency or military tribunal; and

*      *      *      *      *

   (b)  In the event the discipline imposed in the other [jurisdiction] court, federal government agency or military tribunal has been stayed there, any reciprocal discipline imposed in the Commonwealth shall be deferred until such stay expires.

*      *      *      *      *

   (e)  An attorney who has been disciplined in another court or by a federal government agency or a military tribunal, by suspension, [or] 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 suspension, [or] disbarment, revocation or resignation to the Secretary of the Board within 20 days after the date of the order, judgment or directive imposing or confirming the discipline.

[Pa.B. Doc. No. 09-1452. Filed for public inspection August 14, 2009, 9:00 a.m.]



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