Subchapter G. FINANCIAL MATTERS

 (a)  General rule. Enforcement Rule 208(g)(2) provides that expenses taxable by the Board pursuant to §  89.205(b) (relating to informal admonition or private reprimand following formal hearing) shall be prescribed by these rules. See also §  89.209 (relating to expenses of formal proceedings) and §  89.278 (relating to expenses of reinstatement proceedings).

 (b)  Enumeration of expenses. Taxable expenses under these rules shall include, but not be limited to, the following:

   (1)  court reporter fees and transcript costs;

   (2)  the fees and expenses of expert and other witnesses;

   (3)  the cost of serving subpoenas, pleadings and briefs;

   (4)  the charges by banks and other institutions for production of statements, checks and other records in response to subpoenas or otherwise;

   (5)  the cost of reproducing documents introduced or offered as evidence at hearings; and

   (6)  the cost of reproducing pleadings and briefs.

 (c)  Administrative fee. Enforcement Rule 208(g)(3) provides that the expenses taxable under §  89.205(b) (relating to informal admonition or private reprimand following formal hearing) or §  89.209 (relating to expenses of formal proceedings) may include an administrative fee except that an administrative fee shall not be included where the discipline imposed is an informal admonition; and that the administrative fee shall be $250.

 (a)  Action by Board. Enforcement Rule 219(g) and (k) provide that the Board shall:

   (1)  Transmit by certified mail, return receipt requested, to every attorney who fails to pay any expenses taxed pursuant to §  89.205(b) (relating to informal admonition or private reprimand following formal hearing), or §  89.209 (relating to expenses of formal proceedings), addressed to the last known address of the attorney, a notice stating:

     (i)   That unless the attorney shall pay all such expenses within 30 days after the date of the notice, such failure to pay will be deemed a request for transfer to inactive status, and at the end of such period the name of the attorney will be certified to the Supreme Court, which will immediately enter an order transferring the attorney to inactive status.

     (ii)   That upon entry of the order transferring the attorney to inactive status, the attorney shall comply with Chapter 91 Subchapter E (relating to formerly admitted attorneys).

     A copy of Enforcement Rule 217 (relating to formerly admitted attorneys) shall be enclosed with the notice.

   (2)  Certify to the Supreme Court the name of every attorney who has failed to respond to a notice issued pursuant to paragraph (a)(1) within the 30 day period provided therein.

 (b)  Action by Supreme Court. Enforcement Rule 219(g) provides that upon certification to the Supreme Court of the name of any attorney pursuant to paragraph (a)(2), the Court shall immediately enter an order transferring such attorney to inactive status; and that the Chief Justice may delegate the processing and entry of orders under this subsection to the Prothonotary.

 (c)  Reinstatement upon payment of taxed costs. Enforcement Rule 219(1) provides that upon payment of all expenses taxed under § §  89.205(b) and 89.209 by a formerly admitted attorney transferred to inactive status solely for failure to comply with paragraph (a)(1), the Board shall so certify to the Supreme Court; and that unless such person is subject to another outstanding order of suspension or disbarment or the order has been in effect for more than 3 years, the filing of the certification from the Board with the Prothonotary of the Supreme Court shall operate as an order reinstating the person to active status.

   The provisions of this §  93.112 adopted April 8, 1983, effective April 9, 1983, 13 Pa.B. 1244; amended October 12, 1984, effective October 13, 1984, 14 Pa.B. 3749; amended May 19, 2006, effective May 20, 2006, 36 Pa.B. 2368. Immediately preceding text appears at serial pages (203561) to (203562).

EXPENSES GENERALLY

§ 93.121. Expenses.

 (a)  General. Enforcement Rule 401 provides that the salaries of the staff of the Office of the Secretary and of the Office of Disciplinary Counsel, their expenses, administrative costs, and the expenses of the members of the Board and of hearing committees shall be paid by the Board out of the funds collected under the provisions of § §  93.141—93.147 (relating to annual assessment of attorneys).

 (b)  Special masters. Enforcement Rule 205(c)(4) provides that the expenses and compensation of special masters shall be paid as a cost of disciplinary administration and enforcement. See §  93.141(a) (relating to annual assessment).

 The fiscal year of the Board shall commence July 1 of each year.

ANNUAL ASSESSMENT OF ATTORNEYS

§ 93.141. Annual assessment.

 (a)  General rule. Enforcement Rule 219(a) provides that every attorney admitted to practice law in this Commonwealth, other than a military attorney holding a limited certificate of admission issued under Pennsylvania Bar Admission Rule 303 (relating to limited admission of military attorneys), shall pay an annual fee under such rule of $130.00; that the annual fee shall be collected under the supervision of the Administrative Office, which shall send and receive, or cause to be sent and received, the notices and statements provided for in this subchapter, and that the fee shall be used to defray the costs of disciplinary administration and enforcement under the Enforcement Rules, and for such other purposes as the Board shall, with the approval of the Supreme Court, from time to time determine.

 (b)  Inapplicable to justices and judges. Enforcement Rule 219(b) provides that justices and judges shall be exempt from the annual fee for such time as they serve in office.

 (a)  Transmission of form. Enforcement Rule 219(c) provides that on or before May 15 of each year the Administrative Office shall transmit by ordinary mail to all persons required by the rule to pay an annual fee a form for completing the annual statement required by subsection (b).

 (b)  Filing of annual statement. Enforcement Rule 219(d) provides that:

   (1)  On or before July 1 of each year all persons required by the rule to pay an annual fee shall file with the Administrative Office a signed statement on the form prescribed by the Administrative Office setting forth:

     (i)   The date on which the attorney was first admitted to practice, licensed as foreign legal consultant, or issued a Limited In-House Corporate Counsel License, and a list of all courts (except courts of this Commonwealth) and jurisdictions in which the person has ever been licensed to practice law, with the current status thereof.

     (ii)   The current residence and office addresses of the attorney, each of which shall be an actual street address or rural route box number, and the Administrative Office shall refuse to accept a statement that sets forth only a post office box number for either required address. A preferred mailing address different from those addresses may also be provided on the statement and may be a post office box number. The attorney shall indicate which of the addresses, the residence, office or mailing address, will be accessible through the website of the Board (http://www.padisciplinaryboard.org/) and by written or oral request to the Board.

     (iii)   The name of each financial institution in which funds of a client are or were held by the attorney on May 1 of the current year or at any time during the preceding 12 months held funds or a third person subject to Rule 1.15 of the Pennsylvania Rules of Professional Conduct. The statement shall include the name and account number for each account in which the lawyer holds such funds, and each IOLTA Account shall be identified as such. The statement provided to a person holding a Limited In-House Corporate Counsel License need not request the information required by this subparagraph.

     (iv)   A certification reading as follows: ‘‘I certify that all Trust Accounts that I maintain are in financial institutions approved by the Supreme Court of Pennsylvania for the maintenance of such accounts pursuant to Pennsylvania Rule of Disciplinary Enforcement 221 (relating to mandatory overdraft notification) and that each Trust Account has been identified as such to the financial institution in which it is maintained.’’

     (v)   A statement that any action brought against the attorney by the Pennsylvania Lawyers Fund for Client Security for the recovery of monies paid by the Fund as a result of claims against the attorney may be brought in the Court of Common Pleas of Allegheny, Dauphin or Philadelphia County.

     (vi)   Such other information as the Administrative Office may from time to time direct.

   (2)  Payment of the annual fee shall accompany the statement. Where a check in payment of the annual fee has been returned to the Board unpaid, the annual fee shall not be deemed to have been paid until a collection fee shall also have been paid. The amount of the collection fee shall be established by the Board annually after giving due regard to the direct and indirect costs incurred by the Board during the preceding year for checks returned to the Board unpaid. On or before July 1 of each year the Office of the Secretary shall publish in the Pennsylvania Bulletin a notice of the collection fee established by the Board for the coming assessment year.

   (3)  Every person who has filed such a statement shall notify the Administrative Office in writing of any change in the information previously submitted within 30 days after such change.

   (4)  Upon original admission to the bar of this Commonwealth, licensure as a foreign legal consultant, or issuance of a Limited In-House Corporate Counsel License, a person shall concurrently file a statement under this subsection for the current assessment year, but no annual fee shall be payable for the assessment year in which originally admitted or licensed.

   Official Note

   The Note to Enforcement Rule 219(d)(1)(ii) explains that public web docket sheets will show the attorney’s address as entered on the court docket.

 Enforcement Rule 219(e) provides that within 20 days of the receipt of a statement, or notice of change of information contained therein, filed by an attorney in accordance with the provisions of §  93.142 (relating to filing of annual statement by attorneys), and of payment of any required annual fee, receipt thereof shall be acknowledged on a certificate issued by the Court Administrator of Pennsylvania, evidencing compliance with §  93.142(b).

 (a)  Action by Administrative Office. Enforcement Rule 219(f) and (g) provide that the Administrative Office shall:

   (1)  Transmit by certified mail, return receipt requested, to every attorney who fails to timely file the statement and pay the annual fee required by this subchapter, addressed to the last known address of the attorney, a notice stating:

     (i)   That unless the attorney shall comply with the requirements of §  93.142 (relating to filing of annual statement by attorneys) within 30 days after the date of the notice, such failure to comply will be deemed a request for transfer to inactive status, and at the end of such period the name of the attorney will be certified to the Supreme Court, which will immediately enter an order transferring the attorney to inactive status.

     (ii)   That upon the entry of the order transferring the attorney to inactive status the attorney shall comply with Chapter 91 Subchapter E (relating to formerly admitted attorneys), and that a copy of Enforcement Rule 217 (relating to formerly admitted attorneys) shall be enclosed with the notice.

   (2)  Certify to the Supreme Court the name of every attorney who has failed to respond to a notice issued pursuant to paragraph (a)(1) within the 30 day period provided therein, and supply a copy of such certification to the Board.

 (b)  Action by the Supreme Court. Enforcement Rule 219(g) provides that upon certification to the Supreme Court of the name of any attorney pursuant to paragraph (a)(2), the Court shall immediately enter an order transferring such attorney to inactive status; and that the Chief Justice may delegate the processing and entry of orders under this subsection to the Prothonotary.

 (a)  General rule. Enforcement Rule 219(h)(1) provides that upon compliance by a formerly admitted attorney with the provisions of §  93.142(b) (relating to filing of annual statement by attorneys), including payment of all arrears due from the date to which such person was last paid, the Administrative Office shall so certify to the Board and to the Supreme Court; and that unless such person is subject to another outstanding order of suspension or disbarment or the order has been in effect for more than 3 years, the filing of the certification from the Administrative Office with the Prothonotary of the Supreme Court shall operate as an order reinstating the person to active status.

 (b)  Late payment penalty. Enforcement Rule 219(h)(2) provides that for the purposes of § §  93.141—93.147 (relating to annual assessment of attorneys) arrearages shall include a late payment penalty payable by every attorney to whom a notice has been transmitted under §  93.144(a)(1) (relating to action by Administrative Office) plus the actual cost of any publication effected pursuant to §  91.96 (relating to publication of notice of suspension, disbarment or transfer to inactive status). The amount of the late payment penalty shall be established by the Board annually after giving due regard to such factors as it considers relevant, including the direct and indirect costs incurred by the Board during the preceding year in processing the records of attorneys who fail to timely file the statement required by §  93.142(b). On or before July 1 of each year the Office of the Secretary shall publish in the Pennsylvania Bulletin a notice of the late payment penalty established by the Board for the coming assessment year.

 (a)  General rule. Enforcement Rule 219(i) provides that:

   (1)  an attorney who has retired, is not engaged in practice or who has sold his or her practice pursuant to Rule 1.17 of the Pennsylvania Rules of Professional Conduct shall file with the Administrative Office a notice in writing (Form DB-28) (Notice of Voluntary Assumption of Inactive Status) that the attorney desires voluntarily to assume inactive status and discontinue the practice of law;

   (2)  upon the transmission of such notice from the Administrative Office to the Supreme Court, the Court shall enter an order transferring the attorney to inactive status, and the attorney shall no longer be eligible to practice law but shall continue to file the statement specified in §  93.142(b) (relating to filing of annual statement by attorneys) for six years thereafter in order that the formerly admitted attorney can be located in the event complaints are made about the conduct of such person while such person was engaged in practice;

   (3)  the formerly admitted attorney will be relieved from the payment of the fee specified in §  93.141 (relating to annual assessment);

   (4)  Chapter 91 Subchapter E (relating to formerly admitted attorneys) shall not be applicable to the formerly admitted attorney unless ordered by the Supreme Court in connection with the entry of an order of suspension or disbarment under another provision of the Enforcement Rules.

   (5)  the Chief Justice may dedegate the processing and entry of orders under this subsection to the Prothonotary.

 (b)  Reactivation. Enforcement Rule 219(j) provides that:

   (1)  Upon the filing of Form DB-28, an attorney shall be removed from the roll of those classified as active until and unless such person requests (Form DB-29) (Application for Resumption of Active Status) and is granted reinstatement to the active rolls.

   (2)  That reinstatement shall be granted, unless the formerly admitted attorney is subject to an outstanding order of suspension or disbarment or unless the order has been in effect for more than three years, automatically upon the payment of any assessment in effect for the assessment year in which the request is made and any arrears accumulated prior to transfer to inactive status. See §  93.145(b) (relating to late payment penalty).

   (3)  That disciplinary proceedings may be initiated and maintained against a formerly admitted attorney who has voluntarily assumed inactive status. See §  85.3(a)(3) (relating to jurisdiction).

 Where suspension is effected under this subchapter, the attorney shall comply with the requirements of Chapter 91 Subchapter E (relating to formerly admitted attorneys). Public notice of such suspension shall clearly state that suspension was effected for failure to file the required annual statement or for failure to pay the required annual assessment.

   The provisions of this §  93.148 reserved July 8, 1983, effective July 1, 1983, 13 Pa.B. 2138. Immediately preceding text appears at serial page (81662).