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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 statement by attorneys.
93.143. Issue of certificate as evidence of compliance.
93.144. Transfer to inactive status for failure to comply.
93.145. Reinstatement.
93.146. Voluntarily retired or inactive attorneys.
93.147. Notification of suspension or inactivation.
93.148. [Reserved].
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 (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.
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. 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 § § 93.14193.147 (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, 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.
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. Immediately preceding text appears at serial pages (312789) to (312790) and (319339).
§ 93.143. Issue of certificate as evidence of compliance.
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).
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. Immediately preceding text appears at serial pages (312791) to (312792).
§ 93.145. Reinstatement.
(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 § § 93.14193.147 (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.
Source The provisions of this § 93.145 amended through October 12, 1984, effective October 13, 1984, 14 Pa.B. 3749; amended September 11, 1992, effective with respect to assessment years commencing July 1, 1992 and thereafter, 22 Pa.B. 4624. Immediately preceding text appears at serial pages (164161) to (164162).
§ 93.146. Voluntarily retired or inactive attorneys.
(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).
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. Immediately preceding text appears at serial pages (312793) to (312794).
§ 93.147. Notification of suspension or inactivation.
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.
Source The provisions of this § 93.147 amended July 8, 1983, effective July 1, 1983, 13 Pa.B. 2138. Immediately preceding text appears at serial page (81661).
§ 93.148. [Reserved].
Source 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).
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