Subchapter B. THE DISCIPLINARY BOARD

§ 93.21. The Disciplinary Board.

 Enforcement Rule 205(a) and (b) provide that the Supreme Court shall appoint a board to be known as ‘‘The Disciplinary Board of the Supreme Court of Pennsylvania’’ which shall be composed of 14 members of the bar of this Commonwealth and two non-lawyer electors; that the regular terms of members of the Board shall be for three years; that no member shall serve for more than two consecutive three-year terms; and that the terms of one-third of the members of the Board, as nearly as may be, shall expire on April 1 of each year.

 (a)  General rule. Enforcement Rule 205(b) provides that seven members of the Board shall constitute a quorum and that, except when acting under §  93.23(a)(5), (7) and (8) (relating to power and duties), the Board shall act only with the concurrence of not less than the lesser of:

   (1)  seven members, or

   (2)  a majority of the members in office who are not disqualified from participating in the manner or proceeding.

 (b)  Determination of quorum. Enforcement Rule 205(b) further provides that the presence of members who are disqualified from participating in one or more matters to be considered at a meeting shall nonetheless be counted for purposes of determining the existence of a quorum for the consideration of all matters on the agenda.

 (a)  General rule. Enforcement Rule 205(c) provides that the Board shall have the power and duty:

   (1)  To consider and investigate the conduct of any person subject to the Enforcement Rules and may initiate any such investigation on its own motion or may undertake the same upon complaint by any person.

   (2)  To appoint a Secretary, a Chief Disciplinary Counsel, and such Assistant Disciplinary Counsel and staff as may from time to time be required to properly perform the functions prescribed in the Enforcement Rules.

   (3)  To appoint not less than 18 hearing committee members within each disciplinary district.

   (4)  To assign as special masters three or more former members of the Board or former or retired justices or judges who are not in senior judge status.

   (5)  To assign formal charges or the conduct of an investigatory hearing to a hearing committee or special master. The assignment to a hearing committee of formal charges or the conduct of an investigatory hearing may be delegated by the Board to its Secretary.

   (6)  To review the conclusions of hearing committees and special masters with respect to formal charges and to prepare and forward its own findings and recommendations, together with the record of the proceeding before the hearing committee or special master, to the Supreme Court.

   (7)  To assign periodically, through its Secretary, senior or experienced hearing committee members within each disciplinary district to:

     (i)   review and approve or modify recommendations by Disciplinary Counsel for dismissals, informal admonitions, private reprimands and institution of formal charges;

     (ii)   hear and determine attacks on the validity of subpoenas issued pursuant to §  91.2 (relating to subpoenas and investigations), as provided in §  91.3(2) (relating to determination of validity of subpoena); or

     (iii)   consider a petition for reinstatement to active status from inactive status under §  89.273(a)(7) (relating to procedures for reinstatement).

   (8)  To review, through a designated panel of three members, and approve or modify a determination by a reviewing hearing committee member that a matter should be concluded by dismissal, private informal admonition, private reprimand or the institution of formal charges before a hearing committee.

   (9)  To administer private reprimands to attorneys for misconduct.

   (10)  To adopt rules of procedure not inconsistent with the Enforcement Rules. Such rules may provide for the delegation to the Chairman or the Vice-Chairman of the power to act for the Board on administrative and procedural matters.

   (11)  To cause testimony relating to the conduct of formerly admitted attorneys to be perpetuated.

   (12)  To petition the Court under §  91.74 (relating to petition by Board for determination of professional competency) to determine whether an attorney is incapacitated from continuing the practice of law by reason of mental infirmity or illness or because of addiction to drugs or intoxicants, and to retain counsel other than Disciplinary Counsel to represent the Board in such proceedings when the Board considers such separate representation to be appropriate.

   (13)  To recommend the temporary suspension of a respondent-attorney pursuant to Rule 208(f)(5) (relating to emergency temporary suspension orders and related relief).

   (14)  To exercise the powers and perform the duties vested in and imposed upon the Board by law.

 (b)  Consultations with local bar associations. Enforcement Rule 205(d) provides that the Board shall, to the extent it deems feasible, consult with officers of local bar associations in the counties affected concerning any appointment which it is authorized to make under the Enforcement Rules.

 (a)  Chair and Vice Chair. Enforcement Rule 205(a) provides that the Supreme Court shall designate the Board Chair and the Board Vice Chair. In case of the vacancy in office, absence, disability or other unavailability of the Board Chair, the Board Vice Chair shall exercise the powers and perform the duties of the Board Chair.

 (b)  Secretary. The Secretary need not be a member of the Board and shall hold office at the pleasure of the Board.

 The official seal of the Board shall be in the form and style as follows:

 (a)  Call and notice. Meetings shall be held upon the call in writing of the Chair or of any two members of the Board at any place designated in the call or at any other place designated for such purpose by resolution of the Board or in the absence of such resolution as designated by the Chair. Notice of special meetings shall be given in person or by telephone or telegraph to each member of the Board (at the address furnished to the Office of the Secretary for that purpose) at least 24 hours prior to the time fixed for the special meeting. Notice of a special meeting may be waived in writing and shall be waived by attendance at the meeting.

 (b)  Organization. The Chair shall preside at meetings of the Board. In the absence of the Chair one of the following persons in the order stated shall preside:

   (1)  The Vice Chair;

   (2)  An acting chair selected by the Board for such purpose.

 An agenda for each meeting of the Board shall be prepared by the Office of the Secretary with the approval of the Chair.

 (a)  General rule. The Board Chair may designate panels of at least three Board members for the purpose of hearing oral argument in formal proceedings.

 (b)  Organization. The first-named member of each panel shall be the chair thereof. Except as otherwise provided by these rules, meetings and proceedings of a panel of the Board shall be governed insofar as applicable by the provisions of these rules governing meetings and proceedings of the Board.

 (c)  Quorum. A majority of the members of a panel of the Board shall constitute a quorum of the panel.

   The provisions of this §  93.29 amended March 11, 2005, effective immediately, 35 Pa.B. 1656. Immediately preceding text appears at serial page (203550).