Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Enforcement Rule 218(c) provides that the procedure for petitioning for
reinstatement from disability inactive status, suspension for a period
exceeding one year or disbarment is as follows:
(1) Petitions for reinstatement shall be
filed with the Board.
Note: The Board will not treat a
petition for reinstatement as properly filed for purposes of commencing the
procedures set forth in this section unless and until the petition is
accompanied by a completed reinstatement questionnaire as required by §
89.275 (relating to completion of
questionnaire by petitioner-attorney).
(2) Within 60 days after the filing of a
petition for reinstatement, Disciplinary Counsel shall file a response thereto
with the Board and serve a copy on the formerly admitted attorney. Upon receipt
of the response, the Board shall refer the petition and response to a hearing
committee appointed by the Board Prothonotary pursuant to §
93.81(c)
(relating to hearing committees) in the disciplinary district in which the
formerly admitted attorney maintained an office at the time of the transfer to
disability inactive status, disbarment or suspension. If any other formal
disciplinary proceedings are then pending against the formerly admitted
attorney at the time the Board refers the matter to a hearing committee or are
authorized after the referral and at any time prior to the hearing, the
reinstatement and disciplinary matters may be heard by the same hearing
committee. In such case the combined hearing shall be held not later than 45
days after receipt by the Board of the response to the petition for
reinstatement.
Note: If Disciplinary Counsel objects
to reinstatement of the formerly admitted attorney, the response to the
petition for reinstatement should explain in reasonable detail the reasons for
the objection.
(3) The
hearing committee shall promptly schedule a hearing at which a disbarred or
suspended attorney shall have the burden of demonstrating by clear and
convincing evidence that such person has the moral qualifications, competency
and learning in law required for admission to practice law in this Commonwealth
and that the resumption of the practice of law within the Commonwealth by such
person will be neither detrimental to the integrity and standing of the bar or
the administration of justice nor subversive of the public interest. When the
petitioner-attorney is seeking reinstatement from disbarment, the threshold
inquiry articulated in
Office of Disciplinary Counsel v.
Keller, 509 Pa. 573, 579, 506 A.2d 872, 875 (1986) and its progeny
applies.
See
§
91.78 for burden of proof
applicable to disability inactive attorney seeking reinstatement.
Note: The requirement that a hearing
be scheduled "promptly" means that a hearing should ordinarily be held within
60 days after the petition for reinstatement has been filed with the Board and
the response from Disciplinary Counsel has been received, unless the chair of
the hearing committee extends that time for good cause shown.
(4) At conclusion of the hearing, the hearing
committee shall promptly file a report containing its findings and
recommendations and transmit same to the Board.
(5) The Board shall review the report of the
hearing committee and the record and shall promptly file its own findings and
recommendations, together with the briefs, if any, before the Board along with
the entire record, with the Supreme Court. See
89.208 (relating to participation
by the Board before the Supreme Court).
(6) In the event the Board recommends
reinstatement and the Supreme Court, after consideration of that
recommendation, is of the view that a rule to show cause should be served upon
the petitioner-attorney why an order denying reinstatement should not be
entered, the same shall be issued setting forth the areas of the Court's
concern. A copy of the rule shall be served on Disciplinary Counsel (see
89.27 (relating to service upon
Disciplinary Counsel)). Within 20 days after service of the rule,
petitioner-attorney, as well as Disciplinary Counsel, may submit to the Supreme
Court a response thereto. Unless otherwise ordered, matters arising under
Enforcement Rule 218 will be considered without oral
argument.
(b) Enforcement
Rule 218(d) provides that the procedure for petitioning for reinstatement from
retired status for more than three years; inactive status for more than three
years; administrative suspension for more than three years; retired status,
inactive status or administrative suspension if the formerly admitted attorney
has not been on active status at any time within the past three years; or after
transfer to inactive status as a result of the sale of a law practice pursuant
to Rule 1.17 of the Pennsylvania Rules of
Professional Conduct, is as follows:
(1)
Petitions for reinstatement shall be filed with the Board.
(2) Within 60 days after the filing of a
petition for reinstatement, Disciplinary Counsel shall either:
(i) file a response thereto with the Board
and serve a copy on the formerly admitted attorney; or
(ii) file a certification with the Board
Prothonotary stating that after a review of the petition for reinstatement and
reasonably diligent inquiry, Disciplinary Counsel has determined that there is
no impediment to reinstatement and that the petitioner-attorney will meet his
or her burden of proof under subsection (3) if the petition were to proceed to
hearing under (4).
(3) A
formerly admitted attorney who has been on retired status, inactive status or
administrative suspension shall have the burden of demonstrating that such
person has the moral qualifications, competency and learning in the law
required for admission to practice in the Commonwealth.
(4) Upon receipt of a response under
(b)(2)(i), the Board shall refer the petition and response to a single senior
or experienced hearing committee member in the disciplinary district in which
the formerly admitted attorney maintained an office at the time of transfer to
or assumption of retired or inactive status, or transfer to administrative
suspension; the single senior or experienced hearing committee member shall
promptly schedule a hearing during which the hearing committee member shall
perform the functions of a hearing committee under this subsection (b). If any
other formal disciplinary proceedings are then pending against the formerly
admitted attorney at the time the Board refers the matter to a hearing
committee or are authorized after the referral and at any time prior to the
hearing, the reinstatement and disciplinary matters may be heard by the same
hearing committee. In such case the combined hearing shall be held not later
than 45 days after receipt by the Board of the response to the petition for
reinstatement.
(5) At the
conclusion of the hearing, the hearing committee member shall promptly file a
report containing the member's findings and recommendations and transmit same,
together with the record, to the Board. Thereafter, the matter will proceed in
accordance with the provisions of paragraphs (a)(5) and (a)(6) of this
section.
(6) Upon receipt of a
certification filed by Disciplinary Counsel under paragraph (b)(2)(ii) of this
section, the Board Chair shall designate a single member of the Board to review
the record and certification and to issue a report and recommendation.
(i) If the Board Member decides that
reinstatement should be denied or that a hearing on the petition is warranted,
the designated Board Member shall issue a report setting forth the areas of the
designated Board Member's concern and direct that the matter be scheduled for
hearing pursuant to paragraph (b)(4) of this section.
(7) Upon receipt of a report and
recommendation for an order of reinstatement, the Court may enter an order
reinstating the formerly admitted attorney to active status; the Chief Justice
may delegate the processing and entry of orders under this paragraph (b)(7) to
the Court Prothonotary.
(c) Enforcement Rule 218(e) provides that in
all proceedings upon a petition for reinstatement, cross-examination of the
petitioner-attorney's witnesses and the submission of evidence, if any, in
opposition to the petition shall be conducted by Disciplinary
Counsel.
(d)
Attorneys
suspended for less than one year. Enforcement Rule 218(g) provides
that:
(1) Upon the expiration of any term of
suspension not exceeding one year and upon the filing thereafter by the
formerly admitted attorney with the Board of a verified statement showing
compliance with all the terms and conditions of the order of suspension and of
Chapter 91 Subchapter E (relating to formerly admitted attorneys), along with
the payment of a non-refundable filing fee of $250, the Board shall certify
such fact to the Supreme Court, which shall immediately enter an order
reinstating the formerly admitted attorney to active status, unless such person
is subject to another outstanding order of temporary suspension, suspension or
disbarment.
(2) Paragraph (1) of
this subsection shall not be applicable and a formerly admitted attorney shall
be subject instead to the other provisions of this rule requiring the filing of
a petition for reinstatement, if:
(i) other
formal disciplinary proceedings are then pending or have been authorized
against the formerly admitted attorney;
(ii) the formerly admitted attorney has been
on retired status, inactive status or administrative suspension for more than
three years;
(iii) the formerly
admitted attorney has not been on active status for more than three years due
to a combination of retired status, inactive status, administrative suspension,
temporary suspension and/or a term of suspension not exceeding one year and had
not been on active status at any time within the three-year period preceding
the entry of the order; or
(iv) the
order of suspension has been in effect for more than three
years.
(3) A verified
statement may not be filed under paragraph (1) until the formerly admitted
attorney has paid in full any costs taxed under 89.209 (relating to expenses of
formal proceedings) and has made any required restitution to the Lawyers Fund
for Client Security under Enforcement Rule 531 (relating to restitution a
condition for reinstatement).
