Subchapter F. REINSTATEMENT AND RESUMPTION
OF PRACTICE
REINSTATEMENT OF FORMERLY ADMITTED ATTORNEYS
Sec.
89.271. Reinstatement only by Court order.
89.272. Waiting period.
89.273. Procedures for reinstatement.
89.274. Notice of reinstatement proceedings.
89.275. Completion of questionnaire by petitioner-attorney.
89.276. Procedures before the Board.
89.277. Abbreviated reinstatement procedure.
89.278. Expenses of reinstatement proceedings.
89.279. Evidence of competency and learning in law.
89.280. Notice of reinstatement.
RESUMPTION OF PRACTICE
89.285. Resumption of practice by justices and judges on Judge Status.§ 89.271. Reinstatement only by Court order.
Enforcement Rule 218(a) provides that an attorney may not resume practice until reinstated by order of the Supreme Court after petition pursuant to Rule 218 if the attorney:
(1) is on retired status, inactive status or administrative suspension and has not been on active status at any time within the preceding three years;
(2) assumed inactive status under Enforcement Rule 219(i)(1) in connection with the sale of his or her practice pursuant to Rule 1.17(f) of the Pennsylvania Rules of Professional Conduct (relating to the sale of a law practice by reason of disability);
(3) was transferred to disability inactive status, except that an attorney who is on disability inactive status under Enforcement Rule 301(c) shall be subject to the provisions of this rule only if the Court so directs;
(4) was suspended for a period exceeding one year; or
(5) was disbarred.
Note
Probation under § 89.291 (relating to probation) may be imposed in conjunction with a suspension which may be stayed in whole or in part. If probation is imposed in any particular case in conjunction with a suspension for more than one year that is not stayed and the probation runs for the full period of suspension unless violated, the probation will continue until the termination of any required reinstatement proceedings.
Source The provisions of this § 89.271 amended January 15, 1988, effective January 16, 1988, 18 Pa.B. 243; amended December 7, 1990, effective December 8, 1990, 20 Pa.B. 6041; amended March 1, 1991, effective March 2, 1991, 21 Pa.B. 827; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1838; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. 6864; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial page (397851).
§ 89.272. Waiting period.
(a) General rule relating to disbarment. Enforcement Rule 218(b) provides that a person who has been disbarred may not apply for reinstatement until the expiration of at least five years from the effective date of the disbarment, except that a person who has been disbarred pursuant to § 91.51 (relating to reciprocal discipline and disability) may apply for reinstatement at any earlier date on which reinstatement may be sought in the jurisdiction of initial discipline. Enforcement Rule 217(e)(3) and its Note, and Enforcement Rule 218(b) provide that after the entry of an order of disbarment, which order has been entered on or after February 28, 2015, the waiting period for eligibility to apply for reinstatement to the practice of law shall not begin until the formerly admitted attorney files the verified statement required by § 91.96 (relating to proof of compliance); and that if the order of disbarment contains a provision that makes the disbarment retroactive to an earlier date, the waiting period will be deemed to have begun on that earlier date.
(b) General rule relating to suspension for a period exceeding one year. Enforcement Rule 217(e)(3) and its Note provide that after the entry of an order of suspension for a period exceeding one year, which order has been entered on or after February 28, 2015, the waiting period for eligibility to apply for reinstatement to the practice of law shall not begin until the formerly admitted attorney files the verified statement required by § 91.96 (relating to proof of compliance); and that if the order of suspension contains a provision that makes the suspension retroactive to an earlier date, the waiting period will be deemed to have begun on that earlier date.
(c) Premature petitions. Unless otherwise provided in an order of suspension or disbarment, the Board will not entertain a petition for reinstatement filed prior to the expiration of the period set forth in subsection (a), or more than nine months prior to the expiration of the term of suspension, as the case may be. The Board will also not entertain a petition for reinstatement filed before the formerly admitted attorney has paid in full any costs taxed under § 89.209 (relating to expenses of formal proceedings) or under § 89.278 (relating to expenses of reinstatement proceedings) with respect to any previous reinstatement proceeding and has made any required restitution to the Lawyers Fund for Client Security under Enforcement Rule 531 (relating to restitution a condition for reinstatement).
(d) Second or subsequent petitions. Where a petition for reinstatement has been finally denied, the Board, unless otherwise ordered by the Supreme Court in a specific case, will not entertain a second or subsequent petition for reinstatement until after the expiration of at least one year after the immediately preceding petition has been finally denied.
Source The provisions of this § 89.272 amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1607; amended through July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2333; amended April 26, 1996, effective April 27, 1996, 26 Pa.B. 1984; amended April 17, 1998, effective April 18, 1998, 28 Pa.B. 1834; amended July 24, 1998, effective July 25, 1998, 28 Pa.B. 3504; amended August 10, 2012, effective August 11, 2012, 42 Pa.B. 5156; amended January 30, 2015, effective March 2, 2015, 45 Pa.B. 544. Immediately preceding text appears at serial page (364174).
§ 89.273. Procedures for reinstatement.
(a) Enforcement Rule 218(c) provides that the procedure for petitioning for reinstatement from disability inactive status, suspension for a period exceeding one year or disbarment is as follows:
(1) Petitions for reinstatement shall be filed with the Board.
Note
The Board will not treat a petition for reinstatement as properly filed for purposes of commencing the procedures set forth in this section unless and until the petition is accompanied by a completed reinstatement questionnaire as required by § 89.275 (relating to completion of questionnaire by petitioner-attorney).
(2) Within 60 days after the filing of a petition for reinstatement, Disciplinary Counsel shall file a response thereto with the Board and serve a copy on the formerly admitted attorney. Upon receipt of the response, the Board shall refer the petition and response to a hearing committee appointed by the Board Prothonotary pursuant to § 93.81(c) (relating to hearing committees) in the disciplinary district in which the formerly admitted attorney maintained an office at the time of the transfer to disability inactive status, disbarment or suspension. If any other formal disciplinary proceedings are then pending against the formerly admitted attorney at the time the Board refers the matter to a hearing committee or are authorized after the referral and at any time prior to the hearing, the reinstatement and disciplinary matters may be heard by the same hearing committee. In such case the combined hearing shall be held not later than 45 days after receipt by the Board of the response to the petition for reinstatement.
Note
If Disciplinary Counsel objects to reinstatement of the formerly admitted attorney, the response to the petition for reinstatement should explain in reasonable detail the reasons for the objection.
(3) The hearing committee shall promptly schedule a hearing at which a disbarred or suspended attorney shall have the burden of demonstrating by clear and convincing evidence that such person has the moral qualifications, competency and learning in law required for admission to practice law in this Commonwealth and that the resumption of the practice of law within the Commonwealth by such person will be neither detrimental to the integrity and standing of the bar or the administration of justice nor subversive of the public interest. When the petitioner-attorney is seeking reinstatement from disbarment, the threshold inquiry articulated in Office of Disciplinary Counsel v. Keller, 509 Pa. 573, 579, 506 A.2d 872, 875 (1986) and its progeny applies. See § 91.78 for burden of proof applicable to disability inactive attorney seeking reinstatement.
Note
The requirement that a hearing be scheduled ‘‘promptly’’ means that a hearing should ordinarily be held within 60 days after the petition for reinstatement has been filed with the Board and the response from Disciplinary Counsel has been received, unless the chair of the hearing committee extends that time for good cause shown.
(4) At conclusion of the hearing, the hearing committee shall promptly file a report containing its findings and recommendations and transmit same to the Board.
(5) The Board shall review the report of the hearing committee and the record and shall promptly file its own findings and recommendations, together with the briefs, if any, before the Board along with the entire record, with the Supreme Court. See § 89.208 (relating to participation by the Board before the Supreme Court).
(6) In the event the Board recommends reinstatement and the Supreme Court, after consideration of that recommendation, is of the view that a rule to show cause should be served upon the petitioner-attorney why an order denying reinstatement should not be entered, the same shall be issued setting forth the areas of the Court’s concern. A copy of the rule shall be served on Disciplinary Counsel (see § 89.27 (relating to service upon Disciplinary Counsel)). Within 20 days after service of the rule, petitioner-attorney, as well as Disciplinary Counsel, may submit to the Supreme Court a response thereto. Unless otherwise ordered, matters arising under Enforcement Rule 218 will be considered without oral argument.
(b) Enforcement Rule 218(d) provides that the procedure for petitioning for reinstatement from retired status for more than three years; inactive status for more than three years; administrative suspension for more than three years; retired status, inactive status or administrative suspension if the formerly admitted attorney has not been on active status at any time within the past three years; or after transfer to inactive status as a result of the sale of a law practice pursuant to Rule 1.17 of the Pennsylvania Rules of Professional Conduct, is as follows:
(1) Petitions for reinstatement shall be filed with the Board.
(2) Within 60 days after the filing of a petition for reinstatement, Disciplinary Counsel shall either:
(i) file a response thereto with the Board and serve a copy on the formerly admitted attorney; or
(ii) file a certification with the Board Prothonotary stating that after a review of the petition for reinstatement and reasonably diligent inquiry, Disciplinary Counsel has determined that there is no impediment to reinstatement and that the petitioner-attorney will meet his or her burden of proof under subsection (3) if the petition were to proceed to hearing under (4).
Official Note
If Disciplinary Counsel objects to reinstatement of the formerly admitted attorney under (b)(2)(i), the response to the petition for reinstatement should explain in reasonable detail the reasons for the objection.
(3) A formerly admitted attorney who has been on retired status, inactive status or administrative suspension shall have the burden of demonstrating that such person has the moral qualifications, competency and learning in the law required for admission to practice in the Commonwealth.
(4) Upon receipt of a response under (b)(2)(i), the Board shall refer the petition and response to a single senior or experienced hearing committee member in the disciplinary district in which the formerly admitted attorney maintained an office at the time of transfer to or assumption of retired or inactive status, or transfer to administrative suspension; the single senior or experienced hearing committee member shall promptly schedule a hearing during which the hearing committee member shall perform the functions of a hearing committee under this subsection (b). If any other formal disciplinary proceedings are then pending against the formerly admitted attorney at the time the Board refers the matter to a hearing committee or are authorized after the referral and at any time prior to the hearing, the reinstatement and disciplinary matters may be heard by the same hearing committee. In such case the combined hearing shall be held not later than 45 days after receipt by the Board of the response to the petition for reinstatement.
(5) At the conclusion of the hearing, the hearing committee member shall promptly file a report containing the member’s findings and recommendations and transmit same, together with the record, to the Board. Thereafter, the matter will proceed in accordance with the provisions of paragraphs (a)(5) and (a)(6) of this section.
(6) Upon receipt of a certification filed by Disciplinary Counsel under paragraph (b)(2)(ii) of this section, the Board Chair shall designate a single member of the Board to review the record and certification and to issue a report and recommendation.
(i) If the Board Member decides that reinstatement should be denied or that a hearing on the petition is warranted, the designated Board Member shall issue a report setting forth the areas of the designated Board Member’s concern and direct that the matter be scheduled for hearing pursuant to paragraph (b)(4) of this section.
(7) Upon receipt of a report and recommendation for an order of reinstatement, the Court may enter an order reinstating the formerly admitted attorney to active status; the Chief Justice may delegate the processing and entry of orders under this paragraph (b)(7) to the Court Prothonotary.
(c) Enforcement Rule 218(e) provides that in all proceedings upon a petition for reinstatement, cross-examination of the petitioner-attorney’s witnesses and the submission of evidence, if any, in opposition to the petition shall be conducted by Disciplinary Counsel.
(d) Attorneys suspended for less than one year. Enforcement Rule 218(g) provides that:
(1) Upon the expiration of any term of suspension not exceeding one year and upon the filing thereafter by the formerly admitted attorney with the Board of a verified statement showing compliance with all the terms and conditions of the order of suspension and of Chapter 91 Subchapter E (relating to formerly admitted attorneys), along with the payment of a non-refundable filing fee of $250, the Board shall certify such fact to the Supreme Court, which shall immediately enter an order reinstating the formerly admitted attorney to active status, unless such person is subject to another outstanding order of temporary suspension, suspension or disbarment.
(2) Paragraph (1) of this subsection shall not be applicable and a formerly admitted attorney shall be subject instead to the other provisions of this rule requiring the filing of a petition for reinstatement, if:
(i) other formal disciplinary proceedings are then pending or have been authorized against the formerly admitted attorney;
(ii) the formerly admitted attorney has been on retired status, inactive status or administrative suspension for more than three years;
(iii) the formerly admitted attorney has not been on active status for more than three years due to a combination of retired status, inactive status, administrative suspension, temporary suspension and/or a term of suspension not exceeding one year and had not been on active status at any time within the three-year period preceding the entry of the order; or
(iv) the order of suspension has been in effect for more than three years.
(3) A verified statement may not be filed under paragraph (1) until the formerly admitted attorney has paid in full any costs taxed under § 89.209 (relating to expenses of formal proceedings) and has made any required restitution to the Lawyers Fund for Client Security under Enforcement Rule 531 (relating to restitution a condition for reinstatement).
Source The provisions of this § 89.273 amended through July 8, 1983, effective July 9, 1983, with respect to assessment years commencing July 1, 1983 and thereafter, 13 Pa.B. 2138; amended April 13, 1990, effective April 14, 1990, 20 Pa.B. 2009; amended December 7, 1990, effective December 8, 1990, 20 Pa.B. 6041; amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2333; amended February 4, 1994, effective February 5, 1994, 24 Pa.B. 730; amended April 26, 1996, effective April 27, 1996, 26 Pa.B. 1984; amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3731; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1838; amended February 20, 2004, effective February 21, 2004, 34 Pa.B. 948; amended March 11, 2005, effective March 12, 2005, 35 Pa.B. 1656; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended August 10, 2012, effective August 11, 2012, 42 Pa.B. 5156; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. 6864; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552; amended May 8, 2020, effective 30 days after publication, 50 Pa.B. 2388; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (397852) to (397854) and (401569) to (401570).
§ 89.274. Notice of reinstatement proceedings.
(a) General rule. The Executive Office shall forward a copy of the petition for reinstatement and Form DB-30 (Reference for Reinstatement Hearing) to:
(1) The Office of Disciplinary Counsel;
(2) The president judge of the court of common pleas of the judicial district in which the formerly admitted attorney practiced;
(3) The chief judge of the United States district court for the district in which such attorney practiced;
(4) The executive director of the bar association of the county in which such attorney practiced;
(5) The Executive Director of the Pennsylvania Bar Association; and
(6) The Executive Director of the Lawyers Fund for Client Security.
(b) Publication of notice. The Executive Office shall cause a notice to be published in the legal journal and a newspaper of general circulation in the county in which the formerly admitted attorney practiced and in each county in Pennsylvania in which the formerly admitted attorney has resided since being disbarred or suspended for disciplinary reasons. The notice shall state and be confined to:
(1) The name of such formerly admitted attorney.
(2) That on or after a specified date (to be set forth in the notice) a hearing committee of the Board will consider a petition for reinstatement filed by such person.
(3) The address of the district office of the Office of Disciplinary Counsel that is handling the reinstatement proceeding.
Source The provisions of this § 89.274 amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2333; amended April 26, 1996, effective April 27, 1996, 26 Pa.B. 1984; amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3731; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended September 27, 2019, effective 30 days publication, 49 Pa.B. 5552. Immediately preceding text appears at serial pages (364178) to (364179).
§ 89.275. Completion of questionnaire by petitioner-attorney.
(a) General rule. The petitioner-attorney shall attach to the petition for reinstatement a fully completed Form DB-36 (Reinstatement Questionnaire) or Form DB-36A (Special Reinstatement Questionnaire), as applicable. The petitioner-attorney shall set forth fully and accurately on the questionnaire, information requested therein.
(b) Effect of questionnaire. The questionnaire shall bear a notice under 18 Pa.C.S. § 4904(b) (relating to statement ‘‘under penalty’’) to the effect that false statements made therein are punishable, and shall become a part of the record in the reinstatement proceeding.
Source The provisions of this § 89.275 amended January 15, 1982, effective January 16, 1982, 12 Pa.B. 266; amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2333; amended April 26, 1996, effective April 27, 1996, 26 Pa.B. 1984; amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3731; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552; amended April 29, 2022, effective 30 days after publication, 52 Pa.B. 2581. Immediately preceding text appears at serial pages (397857) to (397859).
§ 89.276. Procedures before the Board.
The provisions of these rules applicable to formal proceedings shall govern the procedure for hearings before one or more hearing committee members and subsequent review by the Board upon petitions for reinstatement.
Source The provisions of this § 89.276 amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1607; amended through March 6, 1981, effective March 7, 1981, 11 Pa.B. 782; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725. Immediately preceding text appears at serial page (281379).
§ 89.277. Abbreviated reinstatement procedure.
(a) Scope. This section is applicable to formal proceedings for reinstatement of formerly admitted attorneys who have been on inactive status and who have never been on administrative suspension, retired status or suspended for disciplinary reasons or disbarred. See § 89.273(b)(4) (relating to hearing before a single senior or experienced hearing committee member). This section shall not be available at any hearing conducted after review by a designated Board Member pursuant to § 89.273(b)(6)(i) (relating to hearing scheduled at the direction of the designated Board Member).
(b) General rule. The formerly admitted attorney and staff counsel in the manner provided by subsection (c) may agree to waive the preparation of a transcript and the filing of formal findings and recommendations. In such situations, unless the Board directs otherwise, the hearing committee member may submit to the Board a summary determination of the hearing committee member.
(c) Procedures.
(1) Immediately after the conclusion of the hearing the hearing committee member shall, if practicable and if neither the formerly admitted attorney nor staff counsel object thereto, determine the findings and recommendations of the hearing committee member.
(2) The hearing committee member shall deliver to the participants Form DB-46 (Hearing Committee Determination Under Abbreviated Reinstatement Procedure) setting forth in summary the findings and recommendations of the hearing committee member. The official reporter shall be directed by the hearing committee not to prepare a transcript until receipt from the hearing committee member of specific instructions to do so.
(3) The participants shall be conclusively deemed to have accepted and to have stipulated that the Board shall recommend to the Supreme Court the findings and recommendations of the hearing committee member unless either the formerly admitted attorney or staff counsel shall, within five days after receipt of the Form DB-46 as provided in paragraph (2) file a copy of such Form DB-46 with objections to the findings and recommendations of the hearing committee member.
(4) If a timely objection is made as provided in paragraph (3) the participants may file briefs, the official reporter shall be directed to prepare a transcript and the hearing committee member shall submit to the Board formal findings and recommendations in the manner and within the time otherwise provided by these rules.
(5) If no timely objection is made no briefs shall be filed, no formal findings and recommendations shall be prepared by the hearing committee member and the official reporter shall not prepare a transcript. The hearing committee member shall, however, prepare and file a brief summary of the case, in the form of a letter to the Board, which summary ordinarily should not exceed two pages in length, and the record of the proceedings shall forthwith be transmitted to the Board Prothonotary which shall serve upon the formerly admitted attorney and staff counsel copies of the brief summary of the case filed by the hearing committee member.
(6) Thereafter the Board shall either:
(i) recommend to the Supreme Court the disposition stipulated by the participants; or
(ii) remand the record to the hearing committee member with instructions to fix a briefing schedule and to proceed as provided in paragraph (4), if for any reason the disposition stipulated by the parties is not accepted by the Board.
(7) Where the proceeding is disposed of as provided by paragraph (6)(i) of this subsection, the official reporter shall preserve the untranscribed notes or recording of testimony in the manner and for the duration specified by the Executive Office.
Source The provisions of this § 89.277 adopted February 13, 1981, effective February 14, 1981, 11 Pa.B. 639; amended August 7, 2009, effective immediately, 39 Pa.B. 4725; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552; amended December 15, 2023, effective in 30 days from the date of publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (410131) to (410133).
§ 89.278. Expenses of reinstatement proceedings.
Enforcement Rule 218(f)(1) provides that a non-refundable reinstatement filing fee shall be assessed against a petitioner-attorney. A filing fee schedule is set forth in the rule. Enforcement Rule 218(f)(2) provides that unless otherwise directed by the Supreme Court, the petitioner-attorney shall pay the necessary expenses incurred in the investigation and processing of the petition for reinstatement and in any proceeding that results in the grant, denial or withdrawal of the petition. After a Supreme Court order granting reinstatement is entered, the petitioner-attorney shall pay the annual assessment required by Enforcement Rule 219(b).
Source The provisions of this § 89.278 amended February 13, 1981, effective February 14, 1981, 11 Pa.B. 639; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended February 1, 2019, effective 30 days after publication, 49 Pa.B. 443; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial page (410133).
§ 89.279. Evidence of competency and learning in law.
(a) General rule. Except as provided in subsection (b), in order to permit the Board to determine under Enforcement Rule 218 (relating to reinstatement) whether a formerly admitted attorney who has been disbarred or suspended for more than one year or who has been on administrative suspension, retired status or inactive status for more than three years possesses the competency and learning in the law required for reinstatement to practice in this Commonwealth, such a formerly admitted attorney shall within one year preceding the filing of the petition for reinstatement take courses meeting the requirements of the current schedule published by the Executive Office under subsection (c).
(b) Exceptions.
(1) If a formerly admitted attorney has passed the Pennsylvania Bar Examination subsequent to entry of the order of suspension, disbarment or administrative suspension, or assumption of retired or inactive status and within one year preceding the filing of the petition for reinstatement, the formerly admitted attorney shall be conclusively deemed to have proven that he or she has the competency and learning in law required under Enforcement Rule 218.
(2) The Chair of the Board may waive the requirements of subsection (a) for good cause shown in the case of a formerly admitted attorney who has been on administrative suspension, retired status or inactive status for more than three years.
(c) Publication of schedule. The Executive Office shall publish in the Pennsylvania Bulletin a schedule of the minimum amount, type and subjects of continuing legal education courses that will satisfy the requirements of subsection (a).
(d) Effect of taking required courses. Evidence that a formerly admitted attorney has registered for and attended required courses and lectures or has viewed videotapes of them shall be considered in determining whether the formerly admitted attorney possesses the required competency and learning in law but shall not be conclusive on the issue.
Source The provisions of this § 89.279 adopted January 15, 1982, effective January 16, 1982, 12 Pa.B. 266; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 956; amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2333; amended January 17, 1997, effective January 18, 1997, 27 Pa.B. 288; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552. Immediately preceding text appears at serial pages (395577) to (395578).
§ 89.280. Notice of reinstatement.
(a) Publication of notice. Enforcement Rule 218(h) provides that the Board may cause a notice of a reinstatement to be published in one or more appropriate legal journals and newspapers of general circulation. The cost of publication shall be assessed against the petitioner-attorney.
(b) Transmission of notice to local president judge. Enforcement Rule 218(i) provides that the Board when appropriate shall promptly transmit to the president judge of the court of common pleas in the judicial district in which the formerly admitted attorney practiced a copy of:
(1) a notice of any action by the Attorney Registration Office administratively reinstating an attorney to active status under Enforcement Rule 219(h); or
(2) Any other order of reinstatement entered under these rules.
Source The provisions of this § 89.280 adopted October 12, 1984, effective October 13, 1984, 14 Pa.B. 3749; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial page (410134).
RESUMPTION OF PRACTICE
§ 89.285. Resumption of practice by justices and judges on Judge Status.
(a) Conclusion of judicial service. Enforcement Rule 219(j)(2) provides that at the conclusion of judicial service, an attorney holding judge status as set forth in Enforcement Rule 219(j)(1) shall:
(1) within 20 days, notify the Attorney Registration Office in writing of the conclusion of judicial service; and
(2) within 60 days, elect either active status or retired status.
(b) Administrative change to active status within 60 days of conclusion of judicial service. Enforcement Rule 219(j)(3) provides that within 60 days of conclusion of judicial service, a former justice or judge on judge status who seeks to resume active status shall submit to the Attorney Registration Office:
(1) a form available through the Attorney Registration Office;
(2) a notice in writing setting forth:
(i) any discipline imposed within six years before the date of the notice upon the justice or judge by the Court of Judicial Discipline; and
(ii) any proceeding before the Judicial Conduct Board or the Court of Judicial Discipline settled within six years before the date of the notice on the condition that the justice or judge resign from judicial office or enter a rehabilitation program;
(3) a waiver available through the Attorney Registration Office and signed by the former justice or judge of the confidentiality of the record in any proceeding disclosed in the notice provided under paragraph (2), for the limited purpose of making the record available to the Board in any subsequent proceeding under these rules; and
(4) payment of the active annual assessment for the year in which the request for active status is made.
(c) Administrative Change to retired status within 60 days of conclusion of judicial service. Enforcement Rule 219(j)(4) provides that within 60 days of conclusion of service, a former justice or judge on judge status shall submit to the Attorney Registration Office a form available through that office.
(d) Failure to elect status. Enforcement Rule 219(j)(6) provides that a former justice or judge on judge status who fails to elect a new registration status within 60 days of concluding judicial service shall be placed on retired status by the Attorney Registration Office.
Source The provisions of this § 89.285 amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. 6864; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (410134) to (410135).
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