Subchapter C. FINAL DISPOSITION WITHOUT
FORMAL PROCEEDINGS
Sec.
87.51. Notification of disposition of complaint.
87.52. Informal admonition.
87.53. Private reprimand or public reprimand without formal hearing.
87.54. Demand by respondent-attorney for formal proceedings.§ 87.51. Notification of disposition of complaint.
(a) General rule. Upon completion of the procedures prescribed by Subchapter B (relating to review of recommended disposition of complaint), the Executive Office or the Office of Disciplinary Counsel, as appropriate, shall:
(1) Notify in writing the complainant, as to the final disposition of each disciplinary matter promptly after the matter has been concluded, notwithstanding provisions elsewhere in these Rules relating to confidentiality. Such notice shall specify whether the matter has been dismissed, or whether the matter has resulted in the imposition of a disciplinary sanction, and if so, a description of the sanction imposed. Unless the sanction imposed is public as provided pursuant to the Enforcement Rules and these Rules, the complainant shall be notified that all records and proceedings shall be private and confidential and shall not be subject to production in any later proceedings before any tribunal except future disciplinary proceedings involving the respondent-attorney before the Board or the Court where such prior proceedings may be relevant.
(2) Unless the disposition involves the institution of formal proceedings, notify the respondent-attorney:
(i) that the complaint has been dismissed; or
(ii) that the respondent-attorney shall appear in person before the Chief Disciplinary Counsel for the purpose of receiving an informal admonition or before the Board for the purpose of receiving a private or public reprimand. The respondent-attorney shall also be notified of the place and date to appear. The date fixed shall be not earlier than 20 days after the date of the notice to the respondent-attorney of the disposition of the complaint.
(b) Contents of notice.
(1) The notice to appear for public reprimand shall be on Form DB-12.2(IP) (Notice to Appear for Public Reprimand Following Informal Proceedings) and shall contain the statement required by § 89.205(c)(1) (relating to notice to appear).
(2) The notice to appear for private reprimand shall be on Form DB-12(IP) (Notice to Appear for Private Reprimand Following Informal Proceedings) and shall contain the statement required by § 89.205(c)(2) (relating to notice to appear).
(3) The notice to appear for informal admonition shall be given by the Office of Disciplinary Counsel on Form DB-12.1(IP) (Notice to Appear for Informal Admonition Following Informal Proceedings) and shall contain the statement required by § 89.205(c)(3) (relating to notice to appear).
(4) The notice to appear for informal admonition or private reprimand shall advise the respondent-attorney of:
(i) The right of the respondent-attorney under § 87.54 (relating to demand by respondent-attorney for formal proceedings) to demand the institution of formal proceedings.
(ii) The limited availability of the record of informal admonition or private reprimand under § 93.104(d) (relating to restrictions on available information).
(5) The notice to appear for public reprimand shall advise the respondent-attorney of the right of the respondent-attorney under § 87.54 (relating to demand by respondent-attorney for formal proceedings) to demand the institution of formal proceedings.
Source The provisions of this § 87.51 amended May 4, 1984, effective May 5, 1984, 14 Pa.B. 1547; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 952; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 4449; amended December 7, 1990, effective immediately, 20 Pa.B. 6042; amended February 24, 2006, effective immediately, 36 Pa.B. 929; amended August 11, 2012, effective immediately, 42 Pa.B. 5156; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552; amended April 29, 2022, effective in 30 days from date of publication, 52 Pa.B. 2581. Immediately preceding text appears at serial pages (397808) to (397809).
§ 87.52. Informal admonition.
(a) General rule. A respondent-attorney who is given notice of informal admonition pursuant to § 87.51 (relating to notification of disposition of complaint) and who does not timely demand the institution of a formal proceeding pursuant to § 87.54 (relating to demand by respondent-attorney for formal proceedings) shall appear in person before Disciplinary Counsel, at the time and place fixed for the administration of the informal admonition. A record (Form DB-38) (Record of Informal Admonition) shall be made of the fact of and basis for the informal admonition, which record shall be available only as provided in § 93.104(d) (relating to restrictions on available information).
(b) Failure to appear. The neglect or refusal of the respondent-attorney to appear for the purposes of informal admonition without good cause shall (as provided by Enforcement Rule 203(b)(2)) constitute an independent act of professional misconduct and shall automatically result in the institution of formal proceedings relating to such act of misconduct and to the grievance upon which such informal admonition was to relate.
Source The provisions of this § 87.52 amended July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 952; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 4449; amended February 24, 2006, effective immediately, 36 Pa.B. 929. Immediately preceding text appears at serial page (312759).
§ 87.53. Private reprimand or public reprimand without formal hearing.
(a) General rule relating to private reprimand. A respondent-attorney who is given notice of private reprimand pursuant to § 87.51 (relating to notification of disposition of complaint) and who does not timely demand the institution of a formal proceeding pursuant to § 87.54 (relating to demand by respondent-attorney for formal proceedings) shall appear in person before the Board, at the time and place fixed for the administration of the private reprimand. A record shall be made of the fact of and basis for the private reprimand, which record shall be available only as provided in § 93.104(d) (relating to restrictions on available information).
(b) General rule relating to public reprimand. A respondent-attorney who is given notice of public reprimand pursuant to § 87.51 (relating to notification of disposition of complaint) and who does not timely demand the institution of a formal proceeding pursuant to § 87.54 (relating to demand by respondent-attorney for formal proceedings) shall appear in person before the Board, at the time and place fixed for the administration of the public reprimand, which proceeding shall be open to the public as provided in § 93.102(a) (relating to access to disciplinary information and confidentiality). A record shall be made of the fact of and basis for the public reprimand, which record shall be public.
(c) Failure to appear. The neglect or refusal of the respondent-attorney to appear for the purposes of private or public reprimand without good cause shall (as provided by Enforcement Rule 203(b)(2)) constitute an independent act of professional misconduct and shall automatically result in the institution of formal proceedings relating to such act of misconduct and to the grievance upon which such private or public reprimand was to relate.
Source The provisions of this § 87.53 amended August 30, 1985, effective August 31, 1985, 15 Pa.B. 3080; amended March 10, 1989, effective March 11, 19 Pa.B. 952; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 4449; amended February 24, 2006, effective immediately, 36 Pa.B. 929; amended August 11, 2012, effective immediately, 42 Pa.B. 5156. Immediately preceding text appears at serial pages (317713) to (317714).
§ 87.54. Demand by respondent-attorney for formal proceedings.
(a) General rule. Enforcement Rule 208(a)(6) provides that in cases where no formal proceeding has been conducted, a respondent-attorney shall not be entitled to appeal an informal admonition, a private reprimand, a public reprimand, or any conditions attached thereto, but may demand as of right that a formal proceeding be instituted against such attorney in the appropriate disciplinary district; and that in the event of such demand, the respondent-attorney need not appear for the administration of the informal admonition, private reprimand, or public reprimand, and the matter shall be disposed of in the same manner as any other formal proceeding, but any expenses of the proceeding taxed against the respondent-attorney shall be paid as required by § 89.205(b) (relating to taxation of expenses).
(b) Procedure. A demand under subsection (a) of this section shall be in writing, shall be filed with the Board Prothonotary within 20 days after the date of the notice of the disposition of the complaint required by § 87.51 (relating to notification of disposition of complaint), which time limit is jurisdictional, and shall be accompanied by proof of service of a copy thereof upon the Office of Disciplinary Counsel.
Source The provisions of this § 87.54 adopted July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended October 12, 1984, effective October 13, 1984, 14 Pa.B. 3749; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 952; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 4449; amended November 14 and 17, 1989 and December 6 and 20, 1989, effective April 14, 1990, 20 Pa.B. 2009; amended August 11, 2012, effective immediately, 42 Pa.B. 5156; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552. Immediately preceding text appears at serial pages (363139) to (363140).
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