Rule 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 donduct 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 statue, 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 statement filed by such person in accordance with Enforcement Rule 219(d) (relating to annual registration of attorneys) 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 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 Secretary of 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.

Source

   The provisions of this Rule 216 amended April 1, 1983, effective April 2, 1983, 13 Pa.B. 1179; amended July 18, 1995, effective August 5, 1995, 25 Pa.B. 3092; amended April 30, 2004, effective upon publication, governs matters thereafter commenced and insofar as just and practicable, matters then pending, 34 Pa.B. 2537; amended March 17, 2005, effective September 1, 2005, 35 Pa.B. 1972; amended July 29, 2009, effective 30 thirty, 39 Pa.B. 4887; amended March 19, 2012, effective in 30 days, 42 Pa.B. 1639; amended June 4, 2012, effective in 30 days, 42 Pa.B. 3431. Immediately preceding text appears at serial pages (361508) and (360781).



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