Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Scope. This section is
applicable to formal proceedings for reinstatement of formerly admitted
attorneys who have been on inactive status and who have never been on
administrative suspension, retired status or suspended for disciplinary reasons
or disbarred. See
89.273(b)(4)
(relating to hearing before a single senior or experienced hearing committee
member). This section shall not be available at any hearing conducted after
review by a designated Board Member pursuant to
89.273(b)(6)(i)
(relating to hearing scheduled at the direction of the designated Board
Member).
(b)
General
rule. The formerly admitted 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 hearing committee member may submit to
the Board a summary determination of the hearing committee member.
(c)
Procedures.
(1) Immediately after the conclusion of the
hearing the hearing committee member shall, if practicable and if neither the
formerly admitted attorney nor staff counsel object thereto, determine the
findings and recommendations of the hearing committee member.
(2) The hearing committee member shall
deliver to the participants Form DB-46 (Hearing Committee Determination Under
Abbreviated Reinstatement Procedure) setting forth in summary the findings and
recommendations of the hearing committee member. The official reporter shall be
directed by the hearing committee not to prepare a transcript until receipt
from the hearing committee member of specific instructions to do so.
(3) The participants shall be conclusively
deemed to have accepted and to have stipulated that the Board shall recommend
to the Supreme Court the findings and recommendations of the hearing committee
member unless either the formerly admitted attorney or staff counsel shall,
within five days after receipt of the Form DB-46 as provided in paragraph (2)
file a copy of such Form DB-46 with objections to the findings and
recommendations of the hearing committee member.
(4) If a timely objection is made as provided
in paragraph (3) the participants may file briefs, the official reporter shall
be directed to prepare a transcript and the hearing committee member shall
submit to the Board formal findings and recommendations in the manner and
within the time otherwise provided by these rules.
(5) If no timely objection is made no briefs
shall be filed, no formal findings and recommendations shall be prepared by the
hearing committee member and the official reporter shall not prepare a
transcript. The hearing committee member 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 formerly admitted attorney and staff counsel copies of the
brief summary of the case filed by the hearing committee member.
(6) Thereafter the Board shall either:
(i) recommend to the Supreme Court the
disposition stipulated by the participants; or
(ii) remand the record to the hearing
committee member with instructions to fix a briefing schedule and to proceed as
provided in paragraph (4), if for any reason the disposition stipulated by the
parties is not accepted by the Board.
(7) Where the proceeding is disposed of as
provided by paragraph (6)(i) of this subsection, the official reporter shall
preserve the untranscribed notes or recording of testimony in the manner and
for the duration specified by the Executive Office.
