Subchapter C. RECIPROCAL DISCIPLINE

§ 91.51. Reciprocal discipline.

 Enforcement Rule 216 provides as follows:

   (1)  Upon receipt of a certified copy of an order demonstrating that an attorney admitted to practice in this Commonwealth has been disciplined by suspension or disbarment in another jurisdiction, the Supreme Court shall forthwith issue a notice (Form DB-19) (Notice of Reciprocal Discipline) directed to the respondent-attorney containing:

     (i)   A copy of said order from the other jurisdiction.

     (ii)   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 in this Commonwealth would be unwarranted, and the reasons therefor.

 The Office of the Secretary 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 §  93.142(b) (relating to filing of annual statement by 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) (relating to licensing of foreign legal consultants).

   (2)  In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal discipline imposed in the Commonwealth shall be deferred until such stay expires.

   (3)  Upon the expiration of 30 days from service of the Form DB-19 the Supreme Court may impose the identical or comparable discipline 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:

     (i)   that the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process;

     (ii)   that 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

     (iii)   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.

   (4)  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 the Commonwealth.

   (5)  An attorney who has been disciplined by suspension or disbarment in another jurisdiction shall report the fact of such suspension or disbarment to the Secretary of the Board within 20 days after the date of the order imposing discipline.

   The provisions of this §  91.51 amended July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended September 23, 1995, effective September 23, 1995, 25 Pa.B. 3967; amended September 10, 2004, effective September 11, 2004, 34 Pa.B. 5013; amended August 5, 2005, effective September 1, 2005, 35 Pa.B. 4301. Immediately preceding text appears at serial pages (305727) to (305728).