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Subchapter G. FINANCIAL MATTERS
TAXATION OF COSTS Sec.
93.111. Determination of reimbursable expenses.
93.112. Failure to pay taxed expenses.
EXPENSES GENERALLY
93.121. Expenses.
93.122. Audit.
93.123. Fiscal year.
ANNUAL ASSESSMENT OF ATTORNEYS
93.141. Annual assessment.
93.142. Filing of annual form by attorneys.
93.143. Issue of certificate as evidence of compliance.
93.144. Administrative suspension for failure to comply.
93.145. Reinstatement.
93.146. Voluntarily retired or inactive attorneys.
93.147. Notification of suspension or inactivation.
93.148. [Reserved].
93.149. Grace period.
TAXATION OF COSTS
Source The provisions of this § 93.111 adopted April 8, 1983, effective April 9, 1983, 13 Pa.B. 1244; amended July 8, 1988, effective July 9, 1988, 18 Pa.B. 3036; amended December 1, 2006, effective immediately, 36 Pa.B. 7233. Immediately preceding text appears at serial page (319337).
§ 93.112. Failure to pay taxed expenses.
(a) Action by Board. Enforcement Rule 219(g) and (l) 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 to be administratively suspended, and at the end of such period the name of the attorney will be certified to the Supreme Court, which will enter an order administratively suspending the attorney;
(ii) That upon entry of the order of administrative suspension, 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 enter an order administratively suspending the attorney; 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(m) provides that upon payment of all expenses taxed under § § 89.205(b) and 89.209 by a formerly admitted attorney on administrative suspension 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.
Source 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; amended August 7, 2009, effective immediately, 39 Pa.B. 4725. Immediately preceding text appears at serial pages (333778) and (343827).
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 § § 93.14193.147 (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).
Source The provisions of this § 93.121 amended November 14 and 17, 1989 and December 6 and 20, 1989, effective April 14, 1990, 20 Pa.B. 2009; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. 5325. Immediately preceding text appears at serial page (147100).
§ 93.122. Audit.
Enforcement Rule 401 provides that the Board shall annually obtain an independent audit by a certified public accountant of the funds entrusted to it and their disposition and shall file a copy of such audit with the Supreme Court.
§ 93.123. Fiscal Year.
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, shall pay an annual fee under such rule of $140.00; that the annual fee shall be collected under the supervision of the Attorney Registration Office, which shall send and receive, or cause to be sent and received, the notices and forms 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:
(1) Justices or judges serving in the following Pennsylvania courts of record shall be exempt for such time as they serve in office: Supreme, Superior, Commonwealth, Common Pleas, and Philadelphia Municipal; and justices or judges serving an appointment for life on any federal court;
(2) retired attorneys; and
(3) military attorneys holding a limited certificate of admission issued under Pa.B.A.R. 303 (relating to admission of military attorneys).
Official Note
The exemption created by subdivision (b)(1) does not include Philadelphia Traffic Court judges, Pittsburgh Municipal Court judges, magisterial district judges, arraignment court magistrates or administrative law judges.
Source The provisions of this § 93.141 amended through May 4, 1984, effective July 1, 1984, 14 Pa.B. 1547; amended October 13, 1989, effective July 1, 1989, 19 Pa.B. 4448; amended March 13, 1991, effective with respect to assessment years commencing July 1, 1991 and thereafter, 21 Pa.B. 5325; amended April 12, 2002, effective immediately, 32 Pa.B. 1838; amended August 5, 2005, effective September 1, 2005, 35 Pa.B. 4301; amended May 29, 2009, effective May 30, 2009, 39 Pa.B. 2687; amended August 7, 2009, effective immediately, 39 Pa.B. 4725. Immediately preceding text appears at serial pages (343827) to (343828).
§ 93.142. Filing of annual statement by attorneys.
(a) Transmission of form. Enforcement Rule 219(c) provides that on or before May 15 of each year the Attorney Registration Office shall transmit by ordinary mail to all persons required by the rule to pay an annual fee a form required by subsection (b).
(b) Filing of annual form. 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 Attorney Registration Office a signed form prescribed by the Attorney Registration 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 attorneys address as entered on the court docket.
Source The provisions of this § 93.142 amended through May 4, 1984, effective May 5, 1984, 14 Pa.B. 1547; amended March 1, 1991, effective March 2, 1991, 21 Pa.B. 827; amended September 11, 1992, effective with respect to assessment years commencing July 1, 1992 and thereafter, 22 Pa.B. 4624; amended June 11, 1993, subsection (b)(1)(ii) is effective with respect to assessment years commencing on and after July 1, 1993; amended November 4, 1995, effective immediately, 25 Pa.B. 4696; amended April 5, 1997, effective immediately, 27 Pa.B. 1643; amended July 30, 1999, effective immediately, 29 Pa.B. 4053; amended August 5, 2005, effective immediately, 35 Pa.B. 4301; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. 1812; amended August 7, 2009, effective immediately, 39 Pa.B. 4725. Immediately preceding text appears at serial pages (343828) and (333781) to (333782).
§ 93.143. Issue of certificate as evidence of compliance.
Enforcement Rule 219(e) provides that upon receipt of a form 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 form by attorneys), and of payment of any required annual fee to practice law in this Commonwealth, receipt thereof shall be acknowledged on a certificate or license.
Source The provisions of this § 93.143 amended March 6, 1981, effective March 7, 1981, 11 Pa.B. 782; amended August 7, 2009, effective immediately, 39 Pa.B. 4725. Immediately preceding text appears at serial page (333782).
§ 93.144. Administrative suspension.
(a) Action by Attorney Registration Office. Enforcement Rule 219(f) and (g) provide that the Attorney Registration Office shall:
(1) Transmit by ordinary mail to every attorney who fails to timely file the form and pay the annual fee required by this subchapter, addressed to the last known mailing 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 form by attorneys) within 30 days after the date of the notice, such failure to comply will be deemed a request to be administratively suspended and at the end of such period the name of the attorney will be certified to the Supreme Court, which will enter an order administratively suspending the attorney.
(ii) That upon the entry of the order of administrative suspension 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 enter an order administratively suspending the attorney; and that the Chief Justice may delegate the processing and entry of orders under this subsection to the Prothonotary.
Source The provisions of this § 93.144 amended through July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended May 19, 2006, effective May 20, 2006, 36 Pa.B. 2368; amended August 7, 2009, effective immediately, 39 Pa.B. 4725. Immediately preceding text appears at serial page (333782).
§ 93.145. Reinstatement.
(a) General rule. Enforcement Rule 219(h) provides that the procedure for reinstatement of an attorney who has been administratively suspended for three years or less pursuant to the provisions of § 93.144(b) is as follows:
(1) The formerly admitted attorney shall submit to the Attorney Registration Office the form required by § 93.142(b) along with payment of:
(i) the current annual fee;
(ii) the annual fee that was due in the year in which the attorney was administratively suspended;
(iii) the late payment penalty required by paragraph (b) of this section;
(iv) a reinstatement fee of $300.00.
(2) Upon receipt of the annual fee form, a verified statement showing compliance with Enforcement Rule 217 (relating to formerly admitted attorneys), and the payments required by paragraph (a)(1) of this section, the Attorney Registration Office shall so certify to the Board Secretary and to the Supreme Court; and that unless the formerly admitted attorney is subject to another outstanding order of suspension or disbarment or the order has been in effect for more than three years, the filing of the certification from the Attorney Registration 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) (3) provides that a formerly admitted attorney who is administratively suspended pursuant to § 93.142(b) must pay a late payment penalty with respect to that year. 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 form 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.
Source The provisions of this § 93.146 amended July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended September 11, 1992, effective with respect to assessment years commencing July 1, 1992 and thereafter, 22 Pa.B. 4624; amended April 12, 2002, effective immediately, 32 Pa.B. 1838; amended May 19, 2006, effective May 20, 2006, 36 Pa.B. 2368; amended August 7, 2009, effective immediately, 39 Pa.B. 4725. Immediately preceding text appears at serial pages (319341) to (319342).
§ 93.147. Notification of suspension or inactivation.
Where administrative suspension is ordered under this Subchapter, the attorney shall comply with the requirements of Chapter 91 of Subchapter E (relating to formerly admitted attorneys). Public notice of such administrative suspension shall clearly state that suspension was ordered for failure to file the required annual form and pay the required annual assessment, or for failure to comply with § 93.112 (relating to failure to pay taxed expenses).
Source The provisions of this § 93.147 amended July 8, 1983, effective July 1, 1983, 13 Pa.B. 2138; amended August 7, 2009, effective immediately, 39 Pa.B. 4725. Immediately preceding text appears at serial page (319342).
§ 93.148 [Reserved].
Source The provisions of this § 93.149 amended August 7, 2009, effective immediately, 39 Pa.B. 4725.
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