204 Pa. Code r. 83.215 - Discipline on Consent
(a)
Voluntary resignation.-An attorney who is the subject of an
investigation into allegations of misconduct by the attorney may submit a
resignation, but only by delivering to Disciplinary Counsel or the Board a
verified statement stating that the attorney desires to resign and that:
(1) the resignation is freely and voluntarily
rendered; the attorney is not being subjected to coercion or duress; the
attorney is fully aware of the implications of submitting the resignation; and
whether or not the attorney has consulted or followed the advice of counsel in
connection with the decision to resign;
(2) the attorney is aware that there is a
presently pending investigation into allegations that the attorney has been
guilty of misconduct the nature of which the verified statement shall
specifically set forth;
(3) the
attorney acknowledges that the material facts upon which the complaint is
predicated are true;
(4) the
resignation is being submitted because the attorney knows that if charges were
predicated upon the misconduct under investigation the attorney could not
successfully defend against them;
(5) the attorney is fully aware that the
submission of the resignation statement is irrevocable and that the attorney
can only apply for reinstatement to the practice of law pursuant to the
provisions of Enforcement Rule 218(b) and (c);
(6) the attorney is aware that pursuant to
subdivision (c) of this Rule, the fact that the attorney has tendered his or
her resignation shall become a matter of public record immediately upon
delivery of the resignation statement to Disciplinary Counsel or the Board;
(7) upon entry of the order
disbarring the attorney on consent, the attorney will promptly comply with the
notice, withdrawal, resignation, trust accounting, and cease-and-desist
provisions of subdivisions (a), (b), (c) and (d) of Enforcement Rule
217;
(8) after the entry of the
order disbarring the attorney on consent, the attorney will file a verified
statement of compliance as required by subdivision (e)(1) of Enforcement Rule
217; and
(9) the attorney is aware
that the waiting period for eligibility to apply for reinstatement to the
practice of law under Enforcement Rule 218(b) shall not begin until the
attorney files the verified statement of compliance required by Enforcement
Rule 217(e)(1), and if the order of disbarment contains a provision that makes
the disbarment retroactive to an earlier date, then the waiting period will be
deemed to have begun on that earlier date.
(b)
Order of
disbarment.-Upon receipt of the required statement, the Board shall
file it with the Supreme Court and the Court shall enter an order disbarring
the attorney on consent.
(c)
Confidentiality of resignation statement. The fact that the
attorney has submitted a resignation statement to Disciplinary Counsel or the
Board for filing with the Supreme Court shall become a matter of public record
immediately upon delivery of the resignation statement to Disciplinary Counsel
or the Board. The order disbarring the attorney on consent shall be a matter of
public record. If the statement required under the provisions of subdivision
(a) of this rule is submitted before the filing and service of a petition for
discipline and the filing of an answer or the time to file an answer has
expired, the statement shall not be publicly disclosed or made available for
use in any proceeding other than a subsequent reinstatement proceeding except:
(1) upon order of the Supreme
Court,
(2) pursuant to an express
written waiver by the attorney,
(3)
upon a request of another jurisdiction for purposes of a reciprocal
disciplinary proceeding,
(4) upon a
request by the Pennsylvania Lawyers Fund for Client Security Board pursuant to
Enforcement Rule 521(a) (relating to cooperation with Disciplinary Board),
or
(5) when the resignation is
based on an order of temporary suspension from the practice of law entered by
the Court either pursuant to Enforcement Rule 208(f)(relating to emergency
temporary suspension orders and related relief) or pursuant to Enforcement Rule
214 (relating to a criminal proceeding).
(d)
Other Discipline on
Consent.-At any stage of a disciplinary investigation or proceeding, a
respondent-attorney and Disciplinary Counsel may file a joint Petition in
Support of Discipline on Consent. The Petition shall include the specific
factual allegations that the attorney admits he or she committed, the specific
Rules of Professional Conduct and Rules of Disciplinary Enforcement allegedly
violated and a specific recommendation for discipline. The Petition shall be
accompanied by an affidavit stating that the attorney consents to the
recommended discipline and that:
(1) the
consent is freely and voluntarily rendered; the attorney is not being subjected
to coercion or duress; the attorney is fully aware of the implications of
submitting the consent; and whether or not the attorney has consulted or
followed the advice of counsel in connection with the decision to consent to
discipline;
(2) the attorney is
aware that there is presently pending an investigation into, or proceeding
involving, allegations that the respondent-attorney has been guilty of
misconduct as set forth in the Petition;
(3) the attorney acknowledges that the
material facts set forth in the Petition are true; and
(4) the attorney consents because the
attorney knows that if charges predicated upon the matter under investigation
were filed, or continued to be prosecuted in the pending proceeding, the
attorney could not successfully defend against them.
(e)
Handling of
Petition.-The Petition shall be filed with the Board. The filing of
the Petition shall stay any pending proceeding before a hearing committee,
special master or the Board. The Petition shall be reviewed by a panel composed
of three members of the Board who may approve or deny.
(f)
Private discipline.-If a
panel approves a Petition consenting to an informal admonition or private
reprimand, with or without probation, the Board shall enter an appropriate
order, and the Board shall arrange to have the attorney appear before
Disciplinary Counsel for the purpose of receiving an informal admonition or
before a designated panel of three members selected by the Board Chair for the
purpose of receiving a private reprimand.
(g)
Public discipline.-
(1) If a panel approves a Petition consenting
to a public reprimand, the Board shall enter an appropriate order, and the
Board shall arrange to have the attorney appear before the Board or a
designated panel of three members selected by the Board Chair for the purpose
of receiving a public reprimand.
(2) If a panel approves a Petition consenting
to public censure or suspension, the Board shall file the recommendation of the
panel and the Petition with the Supreme Court. If the Court grants the
Petition, the Court shall enter an appropriate order disciplining the attorney
on consent.
(h)
Denial of Petition.-If either the panel of the Board or the
Supreme Court denies a Petition, the members of the Board who participated on
the reviewing panel shall not participate in further consideration of the same
matter. Any stayed proceedings shall resume as if the Petition had not been
filed and neither the Petition nor the affidavit may be used against the
attorney in any disciplinary proceeding or any other judicial
proceeding.
(i)
Costs.-All expenses taxed under this subdivision shall be paid
by the attorney in accordance with 208(g).
Notes
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