204 Pa. Code r. 83.207 - Disciplinary Counsel

(a) Disciplinary Counsel shall not be permitted to engage in private practice except that the Board may agree to a reasonable period of transition after appointment.

(b) Disciplinary Counsel shall have the power and duty:

(1) To investigate all matters involving alleged misconduct called to their attention whether by complaint or otherwise.

(2) To dispose of any matter that is governed by Enforcement Rules 214 (Attorneys convicted of crimes), 215 (Discipline on Consent), and 216 (Reciprocal discipline) in accrodance with the substantive and procedural provisions of those rules, and to dispose of all other matters involving alleged misconduct by dismissal or (subject to review by a member of a hearing committee) by recommendation for informal admonition, private reprimand or public or the prosecution of formal charges before a hearing committee or special master. Except in matters requiring dismissal because the complaint is frivolous or falls outside the jurisdiction of the Board, no disposition shall be recommended or undertaken by Disciplinary Counsel until the respondent attorney has been notified of the allegations and the time for response under Enforcement Rule 208(b) (relating to formal hearing), if applicable, has expired.

(3) To request the appointment of a special master, where appropriate, and to prosecute all disciplinary proceedings before hearing committees, special masters, the Board and the Supreme Court.

(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.

(5) To maintain permanent records of all matters processed and the disposition thereof.

(6) To exercise the powers and perform the duties vested in and imposed upon Disciplinary Counsel by law.

(c) Disciplinary Counsel:

(1) Shall be a party to all proceedings and other matters before the Board or the Supreme Court under these rules.

(2) May urge in the Supreme Court a position inconsistent with any recommendation of the Board where in the judgment of Disciplinary Counsel a different disposition of the matter is warranted by the law or the facts.

(3) May within the time and in the manner prescribed by the Pennsylvania Rules of Appellate Procedure obtain in the Supreme Court judicial review of any final determination of the Board, except a determination to conclude a matter by dismissal, informal admonition, private reprimand, or public reprimand.

(4) May within the time and in the manner prescribed by the Pennsylvania Rules of Appellate Procedure petition the Supreme Court for allowance of an appeal from any final determination of the Board to conclude a matter by dismissal, informed admonition private reprimand, or public reprimand.

Notes

204 Pa. Code r. 83.207

The provisions of this Rule 207 amended April 1, 1983, effective 4/2/1983, 13 Pa.B. 1179; amended October 21, 1988, effective 11/12/1988, 18 Pa.B. 5070; amended December 6, 1989, effective 12/23/1989, 19 Pa.B. 5421; amended September 19, 2003, effective 10/4/2003, 33 Pa.B. 4891; amended May 17, 2012, effective in 30 days, 42 Pa.B. 3127.