Pennsylvania Code
Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS
Part V - PROFESSIONAL ETHICS AND CONDUCT
Subpart C - DISCIPLINARY BOARD OF THE SUPREME COURT OF PENNSYLVANIA
Chapter 85 - GENERAL PROVISIONS
Section 85.10 - Stale matters
Universal Citation: 204 PA Code ยง 85.10
Current through Register Vol. 54, No. 44, November 2, 2024
(a) General rule. The Office of Disciplinary Counsel or the Board shall not entertain any complaint arising out of acts or omissions occurring more than four years prior to the date of the complaint, except as provided in subsection (b).
(b) Exceptions.
(1) The four
year limitation in subsection (a) shall not apply in cases involving theft or
misappropriation, conviction of a crime or a knowing act of
concealment.
(2) When litigation
has resulted in a finding that the subject acts or omissions involved civil
fraud, ineffective assistance of counsel or prosecutorial misconduct by the
respondent-attorney, a complaint may be entertained if filed or opened within:
(i) four years of the subject acts or
omissions; or
(ii) two years after
the litigation in which the finding was made becomes final, whichever date is
later.
(c) Litigation "becomes final" within the meaning of subsection (b)(2)(ii) at the conclusion of direct or collateral review, including discretionary review in the Supreme Court of the United States and the highest state court, or at the expiration of time for seeking the review.
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