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 87 - INVESTIGATIONS AND INFORMAL PROCEEDINGS
Subchapter A - PRELIMINARY PROVISIONS
COMPLAINTS
Section 87.8 - District office action or recommendation
Current through Register Vol. 54, No. 44, November 2, 2024
(a) General rule. Enforcement Rule 208(a)(2) provides that upon the conclusion of an investigation, Disciplinary Counsel may dismiss the complaint as frivolous, as falling outside the jurisdiction of the Board, or on the basis of Board policy or prosecutorial discretion. Disciplinary Counsel may recommend:
(b) District office procedure. Following completion of any investigation of the complaint and after consideration of any statement of position filed by the respondent-attorney pursuant to § 87.7 (relating to notification to respondent of complaint), the Disciplinary Counsel assigned to the district office shall promptly complete the appropriate form specified in subsection (c). The action taken or disposition recommended shall be one of the following:
(c) Selection of form. Action under paragraphs (b)(1), (2), (3), (4), or (5) of this section may be recommended by the assigned Disciplinary Counsel and taken with the written concurrence of the Disciplinary Counsel-in-Charge, any other Disciplinary Counsel designated to serve in his or her absence or unavailability, the Chief Disciplinary Counsel, or any Disciplinary Counsel designated by the Chief Disciplinary Counsel to review such recommendations. In such cases the district office shall prepare and attach to the file Form DB-4 (Final Disposition of Complaint). In other cases where disposition under subsection (b)(1), (2), (3), (4), or (5) may be appropriate, the assigned Disciplinary Counsel shall prepare a Form DB-5 (Recommendation on Final Disposition of Complaint) and forward such form and the related file to Chief Disciplinary Counsel or his or her designee for review and action. In all other cases, Disciplinary Counsel shall prepare and attach to the file Form DB-3 (Referral of Complaint to Reviewing Hearing Committee Member).
