204 Pa. Code r. 83.216 - Reciprocal discipline and disability
(a) 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 court or 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, 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 or has been transferred to disability
inactive status, the Supreme Court shall forthwith issue a notice directed to
the respondent-attorney containing:
(1) a copy
of the final adjudication described in paragraph (a); and
(2) 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 this Commonwealth would
be unwarranted, and the reasons therefor.
The Board 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 Enforcement Rule 219(c) (relating to annual registration and assessment) 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(b)(8).
(b) 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.
(c) Upon the expiration of
30 days from service of the notice issued pursuant to the provisions of
subdivision (a) of this rule, 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 face of the record upon which the discipline is predicated
it clearly appears:
(1) that the procedure
was so lacking in notice or opportunity to be heard as to constitute a
deprivation of due process;
(2)
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
(3) 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.
(d) 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 this Commonwealth.
(e) 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 Board 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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