By Order No. 106, published December 16, 2023 at 53 Pa.B. 7704, the Disciplinary Board adopted a large series of amendments to the Disciplinary Board Rules and Procedures to adapt those rules to changes made in the Pennsylvania Rules of Disciplinary Enforcement by orders of the Supreme Court of Pennsylvania dated July 19, 2023 and July 25, 2023.
Several terms added to the definitions in Pa.R.D.E. 102 are incorporated into numerous of the Board rules, including:
- “Active status”;
- “Disability inactive status”;
- “Disbarment”;
- “Emeritus status”;
- “Inactive status”;
- “Judge status”;
- “Permanent resignation”;
- “Retired status”; and
- “Suspension”.
Section 89.280(a) is amended to provide that costs of publication for a notice of reinstatement will be assessed to the attorney seeking reinstatement.
Section 89.285 now provides that an attorney on judge status who leaves judicial service shall notify the Attorney Registration Office of that change of status within twenty days and elect either active or retired status within sixty days. If no election is made within sixty days, the attorney will be administratively placed on retired status.
Sections 91.174 and 91.175 now provide that a financial institution may charge a lawyer a service fee for a report of a trust account overdraft or identifying a trust account.
A new Section 91.180 is added, setting forth requirements for reporting fiduciary accounts on the annual registration form. The rule follows and expands upon the requirements of Pa.R.D.E. 221(r) and (q). The section requires reporting:
- All accounts in which an attorney held funds of a client or third party subject to R.P.C. 1.15;
- All accounts in which the lawyer held funds of a client or a third person over which the attorney had sole or shared signature authority or authorization to transfer funds; and
- All business operating accounts maintained or utilized by the attorney in the practice of law.
Section 93.23, defining the powers of the Board, reflects amendments adopted by Pa.R.D.E. 205 to add three new sections. New Subsection (18) authorizes the Board to establish, assess, and collect expenses of investigation and prosecution, late payment penalties, and administrative fees. Subsection (19) authorizes the assessment and collection of certain fees related to disciplinary actions and status changes. Subsection (20) addresses collection fees for returned payments.
Section 93.111 also adds a paragraph allowing the Board to assess collection fees for any payment returned as unpaid.
Section 93.141 has been extensively rewritten to reflect changes in the requirements of Pa.R.D.E. 219 for annual registration. There are significant changes in the wording as to what information must be reported on the annual registration form. The rule notes that the annual registration requirement is not satisfied if the registration form is incomplete, if the payment of the annual assessment is not completed, or if payment has been returned to the Board unpaid. Subsection (d) specifically warns that payment of the annual fee must not be made using an IOLTA, trust, escrow, or other fiduciary account.
Section 93.144(a)(1) writes into the rule that a late fee of $200 will be imposed for failure to make timely payment of the annual assessment. After August 1 of each year, a second non-waivable $200 late fee will be assessed in addition to the amount of the fee and the original late fee. Previously, these fees were not written into the rule and were set annually by the Board. New subsections (b) and (c) provide for reporting to the Supreme Court the names of attorneys who have failed to comply with continuing legal education requirements or to pay assessed costs and fees. A new Subsection (e) directs the Attorney Registration Office to transmit notices of administrative suspension ordered by the Supreme Court for failure to comply with these requirements.
Section 93.145 is amended to add subsections (b) and (c), describing reinstatement procedures for attorneys returning to practice from an interval of inactive or retired status of three years or less, to conform with Pa.D.R.E. 219(h) and (i).
Amendments to Sections 93.146 and 93.148 address procedures for various changes of status between active, inactive, administrative suspension, and retired status.
The amendments take effect thirty days after publication in the Pennsylvania Bulletin, or on January 15, 2024.