Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Scope. At the conclusion of the hearing, it may be obvious to
all participants that no showing of misconduct has been made or that there has
been adequate proof of a violation of
85.7 (relating to grounds for
discipline) and that some form of private discipline or a public reprimand
would be appropriate. In such circumstances the cost and delay of the
preparation of a formal transcript is unnecessary and the preparation of a
detailed report as provided by
89.172 (relating to contents of
report) is an unnecessary and time-consuming burden on the hearing committee
and others. Where the participants can stipulate to an acceptable determination
the procedures of this section minimize cost, effort and time for all
participants. This section may be applicable to combined reinstatement and
disciplinary hearings conducted before a hearing committee pursuant to
89.273(b)(4)
(relating to combined hearings in reinstatement matters where formal
disciplinary proceedings are then pending or have been authorized against the
formerly admitted attorney).
(b)
General rule. The respondent-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 committee may submit to the
Board a summary determination of the committee and stipulation of
discipline.
(c)
Procedures.
(1) Immediately
after the conclusion of the hearing the members of the hearing committee shall,
if practicable and if neither the respondent-attorney nor staff counsel object
to proceeding under this section, temporarily recess the proceedings and meet
in private to determine whether a finding of misconduct should be
made.
(2) The Committee shall
immediately reconvene the proceedings and announce their conclusion on the
issue of misconduct.
(3) If a
violation of
85.7 has been found the hearing
committee shall immediately:
(i) receive
evidence pursuant to
89.151 (relating to separate
consideration of evidence relevant to type of discipline);
(ii) temporarily recess the
proceedings;
(iii) meet in private
to determine the type of discipline which the committee will recommend to the
Board; and
(iv) reconvene the
proceedings and announce the discipline which the committee will recommend to
the Board.
(4)
Immediately after announcing that a violation of
85.7 has not been found or the
discipline that the committee will recommend to the Board, as the case may be,
the committee shall deliver to the participants Form DB-43 (Hearing Committee
Determination Under Abbreviated Procedure) setting forth the summary
determination of the committee. The official reporter shall be directed by the
hearing committee not to prepare a transcript until receipt from the committee
of specific instructions to do so.
(5) The participants shall be conclusively
deemed to have accepted the summary determination of, and (if a violation of
85.7 has been found) to have
stipulated that the Board shall impose the type of discipline recommended by,
the committee unless either the respondent-attorney or staff counsel shall,
within five days after receipt of the Form DB-43 as provided in paragraph (4),
file a copy of such Form DB-43 with objections to the summary determination of
the hearing committee indicated thereon.
(6) If a timely objection is made as provided
in paragraph (5) the participants may file briefs, the official reporter shall
be directed to prepare a transcript and the hearing committee shall submit to
the Board formal findings and recommendations in the manner and within the time
otherwise provided by these rules.
(7) If no timely objection is made no briefs
shall be filed, no formal findings and recommendations shall be prepared by the
hearing committee and the official reporter shall not prepare a transcript. The
chair of the hearing committee 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
respondent-attorney and staff counsel copies of the brief summary of the case
filed by the chair of the hearing committee.
(8) Thereafter the Board shall either:
(i) affirm the finding that no violation of
85.7 has been shown and dismiss
the proceeding;
(ii) impose or
cause to be imposed the type of private discipline, stipulated by the
participants;
(iii) impose the
public reprimand, stipulated by the participants; or
(iv) remand the record to the hearing
committee with instructions to fix a briefing schedule and to proceed as
provided in paragraph (6), if for any reason the type of discipline stipulated
by the parties is not accepted by the Board.
(9) Where the proceeding is disposed of as
provided by paragraph (8)(i), (ii), or (iii), the official reporter shall
preserve the untranscribed notes or recording of testimony in the manner and
for the duration specified by the Executive Office.
