Subchapter B. ATTORNEYS CONVICTED OF CRIMES
Sec.
91.31. Notification by attorneys convicted of crimes.
91.32. Notification by clerks of conviction of attorneys.
91.33. Notification by Office of Disciplinary Counsel of conviction of attorneys.
91.34. Temporary suspension upon conviction of a crime.
91.35. Institution of formal proceedings upon conviction of a crime.
91.36. (Reserved).
91.36. Effect of reversal of conviction.
91.37. Definition of ‘‘crime.’’
91.38. Definition of ‘‘conviction.’’§ 91.31. Notification by attorneys convicted of crimes.
Enforcement Rule 214(a) provides that an attorney convicted of a crime shall report the fact of such conviction within 20 days to the Office of Disciplinary Counsel; and that the responsibility of the attorney to make such report shall not be abated because the conviction is under appeal or the clerk of the court has transmitted a certificate to Disciplinary Counsel pursuant to § 91.32 (relating to notification by clerks of conviction of attorneys).
Source The provisions of this § 91.31 amended through July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended November 14 and 17, 1989 and December 6 and 20, 1989, effective April 14, 1990, 20 Pa.B. 2009; amended August 6, 2011, effective immediately, 41 Pa.B. 4202; amended August 11, 2012, effective immediately, 42 Pa.B. 5156. Immediately preceding text appears at serial page (358069).
§ 91.32. Notification by clerks of conviction of attorneys.
Enforcement Rule 214(b) provides that the clerk of any court within the Commonwealth in which an attorney is convicted of any crime, or in which any such conviction is reversed, shall within 20 days after such disposition transmit a certificate thereof to Disciplinary Counsel, who shall file such certificate with the Supreme Court.
Source The provisions of this § 91.32 amended July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended November 14 and 17, 1989 and December 6 and 20, 1989, 20 Pa.B. 2009; amended August 11, 2012, effective immediately, 42 Pa.B. 5156. Immediately preceding text appears at serial page (358069).
§ 91.33. Notification by Office of Disciplinary Counsel of conviction of attorneys.
Enforcement Rule 214(c) provides that upon being advised that an attorney has been convicted of a crime, Disciplinary Counsel shall secure and file a certificate of such conviction with the Supreme Court.
Source The provisions of this § 91.33 amended through July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended August 11, 2012, effective immediately, 42 Pa.B. 5156. Immediately preceding text appears at serial page (358069).
§ 91.34. Temporary suspension upon conviction of a crime.
(a) Commencement of summary proceedings. Enforcement Rule 214(d)(1) provides that upon the filing with the Supreme Court of a certified copy of an order demonstrating that an attorney has been convicted of a crime, the Court may enter a rule directing the respondent-attorney to show cause why the respondent-attorney should not be placed on temporary suspension, which rule shall be returnable within ten days.
(b) Subject of summary proceeding. The Note to Enforcement Rule 214(d) provides that the subject of the summary proceedings authorized by this section will ordinarily be limited to whether the condition triggering the application of this section exists, i.e., proof that the respondent-attorney is the same person as the individual convicted of the offense charged, although the Court has the discretion to consider such subjects as mitigating or aggravating circumstances.
(c) Disposition. Enforcement Rule 214(d)(2) provides that if a rule to show cause has been issued under subsection (a), and the period for response has passed without a response having been filed, or after consideration of any response, the Court may enter an order requiring temporary suspension of the practice of law by the respondent-attorney pending further definitive action under these rules.
(d) Effect of temporary suspension. Enforcement rule 214(d)(3) provides that any order of temporary suspension issued under subsection (c) shall preclude the respondent-attorney from accepting any new cases or other client matters, but shall not preclude the respondent-attorney from continuing to represent existing clients on existing matters during the 30 days following entry of the order of temporary suspension. The Note to Enforcement Rule 214(d) provides that permitting the respondent-attorney to continue representing existing clients for 30 days is intended to avoid undue hardship to clients and to permit a winding down of matters being handled by the respondent-attorney, and the permissible activities of the respondent-attorney are intended to be limited to only those necessary to accomplish those purposes.
(e) Dissolution or modification of temporary suspension. Enforcement Rule 214(d)(4) provides that:
(1) the respondent-attorney may at any time petition the Court for dissolution or amendment of an order of temporary suspension;
(2) a copy of the petition shall be served upon Disciplinary Counsel and the Board Prothonotary (see § 89.27 (relating to service upon Disciplinary Counsel));
(3) a hearing on the petition before a member of the Board designated by the Chair of the Board shall be held within ten business days after service of the petition on the Board Prothonotary;
(4) the designated Board member shall hear the petition and submit a transcript of the hearing and a recommendation to the Court within five business days after the conclusion of the hearing; and
(5) upon receipt of the recommendation of the designated Board member and the record relating thereto, the Court shall dissolve or modify its order, if appropriate.
(f) Joint petiton for temporary suspension. Enforcement Rule 214(d)(5) provides that at any time before a plea or verdict or after a guilty plea or verdict of guilt in the criminal proceeding, Disciplinary Counsel and the respondent-attorney may file with the Court a joint petition for temporary suspension of the respondent-attorney on the ground that the respondent-attorney’s temporary suspension is in the best interest of the respondent and the legal system.
Source The provisions of this § 91.34 amended through July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended April 21, 1989, effective April 22, 1989, 19 Pa.B. 1719; amended April 13, 1990, effective April 14, 1990, 20 Pa.B. 2009; amended February 4, 1994, effective February 5, 1994, 24 Pa.B. 730; amended September 10, 2004, effective September 11, 2004, 34 Pa.B. 5013; amended August 5, 2011, effective August 6, 2011, 41 Pa.B. 4202; amended August 10, 2012, effective August 11, 2012, 42 Pa.B. 5156; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552. Immediately preceding text appears at serial pages (363175) to (363177).
§ 91.35. Institution of formal proceedings upon conviction of a crime.
(a) General rule. Enforcement Rule 214(f)(1) provides that upon the filing of a certificate of conviction of an attorney for a crime, Disciplinary Counsel may commence either an informal proceeding under Chapter 87 (relating to investigations and informal proceedings) or a formal proceeding under Chapter 89 Subchapter B (relating to institution of formal proceedings), except that Disciplinary Counsel may institute a formal proceeding before a hearing committee or special master by filing a petition for discipline under § 89.52 (relating to petition for discipline) without seeking approval for the prosecution of formal charges under Chapter 87 Subchapter B (relating to review of recommended disposition by reviewing hearing committee member). If a petition for discipline is filed, a hearing on the petition shall be deferred until sentencing and all direct appeals from the conviction have been concluded. The sole issue at the hearing shall be the extent of the discipline or, where the Court has temporarily suspended the attorney under § 91.34(c), the final discipline to be imposed.
(b) Accelerated disposition. Enforcement Rule 214(f)(2) provides that:
(1) notwithstanding the provision of subsection (a) that a hearing shall not be held until sentencing and all appeals from a conviction have been concluded, a respondent-attorney who has been temporarily suspended pursuant to § 91.34 shall have the right to request an accelerated disposition of the charges which form the basis for the temporary suspension by filing a notice with the Board Prothonotary and Disciplinary Counsel requesting accelerated disposition;
(2) within 30 days after filing of such a notice, Disciplinary Counsel shall file a petition for discipline, if such a petition has not already been filed, and the matter shall be assigned to a hearing committee for accelerated disposition;
(3) the assignment to a hearing committee shall take place within seven days after the filing of such a notice or the filing of a petition for discipline, whichever occurs later;
(4) thereafter the matter shall proceed and be concluded by the hearing committee, the Board and the Court without appreciable delay; and
(5) if a petition for discipline is not timely filed or assigned to a hearing committee for accelerated disposition under this subsection (b), the order of temporary suspension shall be automatically dissolved, but without prejudice to any pending or further proceedings under this Subchapter B.
Official Note
The Note to Enforcement Rule 214(f) provides that the ‘‘without appreciable delay’’ standard of subsection (b)(4) is derived from Barry v. Barchi, 443 U. S. 55, 99 (1979), and that appropriate steps should be taken to satisfy that requirement, such as continuous hearing sessions, procurement of daily transcript, fixing of truncated briefing schedules, conducting special sessions of the Board, etc.
(c) Evidence of conviction. Enforcement Rule 214(e) provides that a certificate of conviction of an attorney for a crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against the attorney based upon the conviction.
Source The provisions of this § 91.35 amended through July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended April 21, 1989, effective April 22, 1989, 19 Pa.B. 1719; amended April 13, 1990, effective April 14, 1990, 20 Pa.B. 2009; amended August 5, 2011, effective August 6, 2011, 41 Pa.B. 4202; amended August 10, 2012, effective August 11, 2012, 42 Pa.B. 5156; 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 pages (397875) to (397876).
§ 91.36. [Reserved].
Source The provisions of this § 91.36 amended through July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended April 13, 1990, effective April 14, 1990, 20 Pa.B. 2009; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7233; reserved August 10, 2012, effective August 11, 2012, 42 Pa.B. 5156. Immediately preceding text appears at serial page (358072).
§ 91.36. Effect of reversal of conviction.
(a) General rule. Enforcement Rule 214(g) provides that an attorney suspended under the provisions of § 91.34 (relating to temporary suspension upon conviction of a crime) may be reinstated immediately upon the filing by the Board with the Supreme Court of a certificate demonstrating that the underlying conviction has been reversed, but that the reinstatement shall not terminate any formal proceeding then pending against the attorney.
(b) Service on Board of the Pennsylvania Lawyers Fund for Client Security. A copy of the certificate filed by the Board with the Supreme Court under subdivision (a) shall be served on the Board of the Pennsylvania Lawyers Fund for Client Security.
Official Note
The purpose of service on the Board of the Pennsylvania Lawyers Fund for Client Security is to permit it to notify the Supreme Court if disbursements have been made from the Fund with respect to dishonest conduct by the attorney whose conviction has been reversed so that the Court may determine if restitution should be made a condition of reinstatement.
Source The provisions of this § 91.37 adopted through July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended February 4, 1994, effective February 5, 1994, 24 Pa.B. 731; amended and renumbered as § 91.36 August 10, 2012, effective August 11, 2012, 42 Pa.B. 5156. Immediately preceding text appears at serial pages (358072) to (358073).
§ 91.37. Definition of ‘‘crime.’’
As Enforcement Rule 214(h) provides and as used in this Subchapter B, the term ‘‘crime’’ means an offense that is punishable by imprisonment in the jurisdiction of conviction, whether or not a sentence of imprisonment is actually imposed; and, notwithstanding any other provision of subdivision (h) of Enforcement Rule 214 or this rule, the term ‘‘crime’’ shall include criminal contempt, whether direct or indirect, and without regard to the sentence that may be imposed or that is actually imposed. It does not include parking violations or summary offenses, both traffic and non-traffic, unless a term of imprisonment is actually imposed.
Source The provisions of this § 91.38 adopted April 13, 1990, effective April 14, 1990, 20 Pa.B. 2009; amended and renumbered as § 91.37 August 10, 2012, effective August 11, 2012, 42 Pa.B. 5156; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. 6864; amended June 27, 2014, effective June 28, 2014, 44 Pa.B 3927; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial page (397877).
§ 91.38. Definition of ‘‘conviction.’’
As Enforcement Rule 214(i) provides and as used in this Subchapter B, the term ‘‘conviction’’ means any guilty verdict, whether after trial by judge or jury, or finding of guilt, and any plea of guilty or nolo contendere that has been accepted by the court, whether or not sentence has been imposed.
Source The provisions of this § 91.39 adopted August 5, 2011, effective August 6, 2011, 41 Pa.B. 4202; amended and renumbered as § 91.38 August 10, 2012, effective August 11, 2012, 42 Pa.B. 5156; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial page (397877).
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