Court rules
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE:
ORDER REVISING THE
COMMENT TO RULE 621 OF THE
PENNSYLVANIA RULES OF
CRIMINAL PROCEDURE
:::::::
NO. 407
CRIMINAL PROCEDURAL RULES
DOCKET
ORDER
PER CURIAM
AND NOW, this 9th day of January, 2012, upon the recommendation of the
Criminal Procedural Rules Committee; the proposal having been submitted without
publication pursuant to Pa.R.J.A. 103(a)(3) in the interests of efficient administration,
and a Final Report to be published with this ORDER:
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of
Pennsylvania that the revision of the Comment to Pennsylvania Rule of Criminal
Procedure 621 is approved.
This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and
shall be effective February 1, 2012.
This rule change can be viewed by clicking here.
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE:
ORDER AMENDING RULE 152 OF THE
RULES OF JUVENILE COURT
PROCEDURE
:::::::
NO. 554
SUPREME COURT RULES
DOCKET
ORDER
PER CURIAM
AND NOW, this 11th day of January, 2012, upon the recommendation of the
Juvenile Court Procedural Rules Committee; the proposal having been published for
public comment before adoption at 41 Pa.B. 1013 (February 26, 2011), in the Atlantic
Reporter (Third Series Advance Sheets, Vol. 11, No. 3, March 4, 2011), and on the
Supreme Court’s web-page, and an Explanatory Report to be published with this
ORDER:
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of
Pennsylvania that the amendments to Rule 152 of the Rules of Juvenile Court
Procedure are approved.
This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and
shall be effective March 1, 2012.
This rule change can be viewed by clicking here.
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE:
AMENDMENT OF RULES 311
AND 342 OF THE
PENNSYLVANIA RULES OF
APPELLATE PROCEDURE
::::::
NO. 217
APPELLATE PROCEDURAL RULES
DOCKET
ORDER
PER CURIAM
AND NOW, this 29th day of December, 2011, upon the recommendation of the
Appellate Court Procedural Rules Committee; the proposal having been published
before adoption at 40 Pa.B. 3659 (July 3, 2010):
IT IS ORDERED, pursuant to Article V, Section 10 of the Constitution of
Pennsylvania that Rules 311 and 342 of the Pennsylvania Rules of Appellate Procedure
are amended in the attached form.
This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and
shall be effective and applicable to all Orphans’ Court orders entered forty-five days
after adoption.
This rule change can be viewed by clicking here.
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE:
AMENDMENT OF RULE
223.1 OF THE PENNSYLVANIA
RULES OF CIVIL PROCEDURE
:::::::
NO. 554
CIVIL PROCEDURAL RULES
DOCKET
ORDER
PER CURIAM
AND NOW, this 23rd day of December, 2011, upon the recommendation of the
Civil Procedural Rules Committee; the proposal having been published for public
comment at 40 Pa.B 6259 (October 30, 2010) and in the Atlantic Reporter (Third Series
Advance Sheets, Vol. 4 No. 4):
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of
Pennsylvania that Rule 223.1 of the Pennsylvania Rules of Civil Procedure is amended
in the attached form.
This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and
shall be effective February 1, 2012.
This rule change can be viewed by clicking here.
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE:
AMENDMENT OF RULES
1910.11 AND 1910.12 OF THE
PENNSYLVANIA RULES OF CIVIL
PROCEDURE
:::::::
NO. 555
CIVIL PROCEDURAL RULES
DOCKET
ORDER
PER CURIAM
AND NOW, this 23rd day of December, 2011, upon the recommendation of the
Domestic Relations Procedural Rules Committee; the proposal having been published
for public comment in the Pennsylvania Bulletin, 41 Pa.Bull. 3527 (July 2, 2011) and
West's Pennsylvania Reporter, 21 A.3d No. 3, Ct.R-3-5 (August 5, 2011):
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of
Pennsylvania that Rule 1910.16-2 and Rule 1910.16-4 of the Pennsylvania Rules of
Civil Procedure are amended in the attached form.
This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and
shall be effective on January 31, 2012.
This rule change can be viewed by clicking here.
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE:
AMENDMENT OF RULE
1910.16-4 OF THE PENNSYLVANIA
RULES OF CIVIL PROCEDURE
NO. 547
CIVIL PROCEDURAL RULES DOCKET
AMENDED ORDER
PER CURIAM
AND NOW, this 3rd day of August, 2011, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been published for public comment in the Pennsylvania Bulletin, 41 Pa.Bull. 1618 (March 26, 2011) and West's Pennsylvania Reporter, 13 A.3d No. 2 (April 1, 2011):
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1910.16-4 of the Pennsylvania Rules of Civil Procedure is amended.
This order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective in 30 days.
The rule change can be viewed by clicking here.
Appellate Court Procedural Rules Committee
The Appellate Court Procedural Rules Committee proposes to recommend adoption of new Pennsylvania Rule of Appellate Procedure 125 authorizing and enabling a pilot electronic filing program for certain legal papers in the Pennsylvania Supreme Court. This proposed new rule is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.
Proposed new material is underlined while deleted material is bracketed.
All communications in reference to the proposed amendment should be
sent no later than December 5, 2011 to:
Dean R. Phillips, Counsel
D. Alicia Hickok, Deputy Counsel
Scot Withers, Deputy Counsel
Appellate Court Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 6200
P.O. Box 62635
Harrisburg, Pennsylvania 17106-2635
or Fax to
(717) 231-9551
or E-Mail to
appellaterules@pacourts.us
An Explanatory Comment precedes the proposed amendment and has
been inserted by this Committee for the convenience of the bench and bar. It will
not constitute part of the rule nor will it be officially adopted or promulgated.
By the Appellate Court Procedural Rules Committee
Honorable Renée Cohn Jubelirer
Chair
The proposed rule can be viewed by clicking here.
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE: AMENDMENT OF FORM RW-02 (PETITION FOR |
: |
NO. 548 SUPREME COURT RULES DOCKET |
ORDER
PER CURIAM
AND NOW, this 11th day of October, 2011, upon the recommendation of the Orphans' Court Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of justice and efficient administration:
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of Pennsylvania that:
(1) Form RW-02 (Petition for Probate and Grant of Letters), adopted pursuant to Pa. O.C. Rule 1.3, is rescinded and replaced with Form RW-02 (Petition for Grant of Letters); and
(2) The Index to Appendix - Orphans’ Court and Register of Wills Forms is amended,
all in the attached form.
This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b) and shall be effective in thirty days.
In the Supreme Court of Pennsylvania
Proposed New Pa.Rs.Crim.P. 556 through 556.12, and
Proposed Correlative Changes to Pa.Rs.Crim.P. 103, 540, 542,
544, 547, 560, 573, 578, 582, 646, 648, 1003, and 1101
INTRODUCTION
The Criminal Procedural Rules Committee is planning to recommend that the
Supreme Court of Pennsylvania adopt new Rules of Criminal Procedure 556 through
556.12, amend Rules of Criminal Procedure 103, 540, 544, 547, 560, 646, 1003, and
1101, and revise the Comments to Rules of Criminal Procedure 542, 573, 578, 582, and
648. The proposed new rules and correlative rule changes have been developed at the
request of the Court and provide, inter alia, for the resumption of the use of indicting
grand juries, but only as a local option in the narrowly defined circumstance of cases in
which witness intimidation has occurred, is occurring, or is likely to occur. This proposal
has not been submitted for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee’s considerations in
formulating this proposal. Please note that the Committee’s Report should not be
confused with the official Committee Comments to the rules. Also note that the
Supreme Court does not adopt the Committee’s Comments or the contents of the
explanatory Reports.
The text of the proposed new rules and amendments to the rules precedes the Report. Additions are shown in bold and are underlined; deletions are in bold and brackets.
We request that interested persons submit suggestions, comments, or objections
concerning this proposal in writing to the Committee through counsel,
Anne T. Panfil, Counsel
Supreme Court of Pennsylvania
Criminal Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 6200, P.O. Box 62635
Harrisburg, PA 17106-2635
fax: (717) 231-9521 or e-mail: criminal.rules@pacourts.us
no later than Thursday, November 10, 2011.
September 30, 2011 BY THE CRIMINAL PROCEDURAL RULES COMMITTEE:
Risa Vetri Ferman, Chair
Anne T. Panfil, Counsel
Jeffrey M. Wasileski,Counsel
This proposed rule change can be viewed by clicking here.
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE:
AMENDMENT OF RULES
531, 2113 AND 2185 OF THE
PENNSYLVANIA RULES OF
APPELLATE PROCEDURE
:::::::
NO. 215
APPELLATE PROCEDURAL RULES
DOCKET
ORDER
PER CURIAM
AND NOW, this 3rd day of October, 2011, upon the recommendation of the Appellate
Court Procedural Rules Committee; the proposal having been published for public
comment at 40 Pa. B. 7209 (December 18, 2010):
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of
Pennsylvania that Rules 531, 2113 and 2185 of the Pennsylvania Rules of Appellate
Procedure are amended in the attached form.
This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall
be effective in thirty days.
This rule change can be viewed by clicking here.
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
IN RE: |
Temporary Closing |
) District Judge |
O R D E R O F C O U R T
AND NOW, this 19TH day of September 2011, it is hereby ORDERED that the following Courts will be temporarily closed from November 14th through November 18th 2011, due to the Administrative Office of Pennsylvania Courts mandatory training of Court personnel: Honorable Blaise Larotonda, District court 05-2-19, Honorable Gary Zyra, District Court 05-2-22, Honorable Dennis Joyce, District Court 05-2-23 and Honorable Richard King, District Court 5-3-14.
Magisterial District Judge Maureen McGraw-Desmet, District Court 05-2-21, is hereby designated to cover the above closed courts for emergency reasons only. Magisterial District Court 05-2-21 is located at 295 Millers Run Road, Bridgeville, PA 15017 (412-221-3353).
BY THE COURT:
PRESIDENT JUDGE DONNA JO MCDANIEL
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
IN RE: |
Temporary Closing |
) District Judge |
O R D E R O F C O U R T
AND NOW, this 19th day of September 2011, it is hereby ORDERED that the following Courts will be temporarily closed from November 14th through November 18th 2011, due to the Administrative Office of Pennsylvania Courts mandatory training of the Court personnel: Honorable Robert Wyda, District Court 05-2-20, Honorable John Bova, District Court 05-2-18 Honorable David Barton, District Court 05-2-17.
Magisterial District Judge Pat Capolupo, Court 05-2-16, is hereby designated to cover the above courts for emergency reasons only. Magisterial District Court 05-2-16 is located at 343 Old Curry Hollow Road, Pittsburgh, PA 15236 (412-653-2102).
BY THE COURT:
PRESIDENT JUDGE DONNA JO MCDANIEL
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
IN RE: |
Temporary Closing |
) District Judge |
O R D E R O F C O U R T
AND NOW, this 19th day of September 2011, it is hereby ORDERED that the following courts will be temporarily closed from October 31st through November 4th 2011, due to mandatory training of Court personnel: Honorable Scott Schricker, District Court 05-2-47, Honorable Ross Cioppa, District Court 05-2-09, Honorable Thomas Caulfield, District Court 05-2-08, Honorable Kim Hoots, District Court 05-2-10, Honorable James Hanley, District Court 05-2-36.
Magisterial District Judge Robert Barner, Court 05-2-11, is hereby designated to cover the above closed courts for emergency reasons only. Magisterial District Court 05-2-11 is located at 371 Lincoln Highway, North Versailles, PA 15137 (412-824-3862).
BY THE COURT:
PRESIDENT JUDGE DONNA JO MCDANIEL
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
IN RE: |
Temporary Closing |
) District Judge |
O R D E R O F C O U R T
AND NOW, this 19TH day of September 2011, it is hereby ORDERED that the following courts will be temporarily closed from October 24th through October 28th 2011, due to the Administrative Office of Pennsylvania Courts mandatory training of Court personnel: Honorable Beth Mills, District Court 05-2-26, Honorable Thomas Miller, District Court 05-3-05, Honorable Armand Martin, District Court 05-3-09, Honorable Eugene Riazzi, District Court 05-2-13, Honorable Richard Olasz, District Court 05-2-14.
Magisterial District Judge Thomas Torkowsky, Court 05-2-15, is hereby designated to cover the above closed courts for emergency reasons only. Magisterial District Court 05-2-15 is located at 510 East Eighth Avenue, Munhall, PA 15120 (412-461-5977).
BY THE COURT:
PRESIDENT JUDGE DONNA JO MCDANIEL
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
IN RE: |
Temporary Closing |
) District Judge |
O R D E R O F C O U R T
AND NOW, this 19TH day of September 2011, it is hereby ORDERED that the following courts will be temporarily closed from October 17th through October 21st 2011, due to the Administrative Office of Pennsylvania Courts mandatory training of Court personnel: Honorable Linda Zucco, District Court 05-2-32, Honorable Jeffrey Herbst, District Court 05-2-07, Honorable Anthony Ceoffe, District Court 05-3-10, Honorable Ron Costa, District Court 05-2-31, and Honorable Kevin Cooper, District Court 05-3-12.
Magisterial District Judge Leonard HRomyak, Court 05-2-06, is hereby designated to cover the above closed courts for emergency reasons only. Magisterial District Court 05-2-06 is located at 85 Universal Road, Pittsburgh, PA 15235 (412-731-0100).
BY THE COURT:
PRESIDENT JUDGE DONNA JO MCDANIEL
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
IN RE: |
Temporary Closing |
) District Judge |
O R D E R O F C O U R T
AND NOW, this 19th day of September 2011, it is hereby ORDERED that the following Courts will be temporarily closed from October 11th through October 14th 2011, due to the Administrative Office of Pennsylvania Courts mandatory training of Court personnel: Honorable Nathan Firestone, District Court 05-2-35, Honorable Eugene Ricciardi, District Court 05-2-27,Honorable James Motznick, District Court 05-2-38, Honorable Randy Martini, District Court 05-3-13, Honorable Derwin Rushing, District Court 05-2-40, Honorable Robert Ravenstahl, District Court 05-2-42.
Pittsburgh Municipal Court 05-0-03, is hereby designated to cover the above closed courts for emergency reasons only. Pittsburgh Municipal Court 05-0-03 is located at 660 First Avenue, Pittsburgh, PA 15219 (412-350-6716).
BY THE COURT:
PRESIDENT JUDGE DONNA JO MCDANIEL
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
IN RE: |
Temporary Closing |
) District Judge |
O R D E R O F C O U R T
AND NOW, this 16th day of September 2011, it is hereby ORDERED that the following courts will be temporarily closed from October 3rd through October 7th 2011, due to the Administrative Office of Pennsylvania Courts mandatory training of court personnel: Honorable Suzanne Blaschak, District Court 05-3-04, Honorable Carolyn Bengel, District Court 05-2-05, Honorable Elissa Lang, District Court 05-2-04, Honorable Robert Dzvonick, District Court 05-2-03, and Honorable Oscar Petite, District Court 05-2-28.
Magisterial District Judge David Sosovicka, Court 05-3-03, is hereby designated to cover the above closed courts for emergency reasons only. Magisterial District Court 05-3-03 is located at 721 Gulf Lab Road, Cheswick, PA 15024 (724-274-4800).
BY THE COURT:
PRESIDENT JUDGE DONNA JO MCDANIEL
SUPREME COURT OF PENNSYLVANIA
CIVIL PROCEDURAL RULES COMMITTEE
Proposed Recommendation No. 253
Proposed Amendment of Rule 3051 Governing
Relief from Judgment of Non Pros
The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 3051
governing relief from judgment of non pros be amended. The proposed
recommendation is being submitted to the bench and bar for comments and suggestions
prior to its submission to the Supreme Court of Pennsylvania.
All communications in reference to the proposed recommendation should be sent no
later than November 4, 2011 to:
Karla M. Shultz
Counsel
Civil Procedural Rules Committee
601 Commonwealth Avenue, Suite 6200
P.O. Box 62635
Harrisburg PA 17106-2635
FAX 717-231-9526
civilrules@pacourts.us
The recommendation can be viewed by clicking here.
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE:
ORDER AMENDING RULE 1010
OF THE PENNSYLVANIA RULES
OF CRIMINAL PROCEDURE
NO. 403
CRIMINAL PROCEDURAL RULES
DOCKET
ORDER
PER CURIAM
AND NOW, this 21st day of September, 2011, upon the recommendation of the
Criminal Procedural Rules Committee; the proposal having been published before adoption
at 40 Pa.B. 4150 (July 24, 2010), and in the Atlantic Reporter (Second Series Advance
Sheets, Vol. 995 No. 3 and 996 No. 1), and a Final Report to be published with this
ORDER:
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of
Pennsylvania that Pennsylvania Rule of Criminal Procedure 1010 is amended.
This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall
be effective November 1, 2011.
This rule change can be viewed by clicking here.
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE:
ORDER AMENDING RULES 120 AND
140 OF THE RULES OF JUVENILE
COURT PROCEDURE
NO. 546
SUPREME COURT RULES
DOCKET
ORDER
PER CURIAM
AND NOW, this 20th day of September, 2011, upon the recommendation of the
Juvenile Court Procedural Rules Committee; the proposal having been published for public
comment before adoption at 40 Pa.B. 5562 (October 2, 2010), in the Atlantic Reporter
(Third Series Advance Sheets, Vol. 3, No. 1, October 15, 2010), and on the Supreme
Court’s web-page, and an Explanatory Report to be published with this ORDER:
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of
Pennsylvania that the modifications to Rules 120 and 140 of the Rules of Juvenile Court
Procedure are approved.
This rule change can be viewed by clicking here.
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE:
ORDER AMENDING RULE 1736 OF
THE PENNSYLVANIA RULES OF
APPELLATE PROCEDURE
NO. 214
APPELLATE PROCEDURAL RULES
DOCKET
ORDER
PER CURIAM
AND NOW, this 20th day of September, 2011 upon the recommendation of the
Appellate Court Procedural Rules Committee; the proposal having been published at 38
Pa.B. 1445 (March 29, 2008).
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of
Pennsylvania that Pa.R.A.P. 1736 is amended.
This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and
shall be effective immediately.
This rule change can be viewed by clicking here.
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE:
AMENDMENT OF RULE
1910.19 OF THE PENNSYLVANIA
RULES OF CIVIL PROCEDURE
NO. 552
CIVIL PROCEDURAL RULES
DOCKET
ORDER
PER CURIAM
AND NOW, this 19th day of September, 2011, upon the recommendation of the
Domestic Relations Procedural Rules Committee; the proposal having been published for
public comment in the Pennsylvania Bulletin, 41 Pa.Bull. 1619 (March 26, 2011) and West's
Pennsylvania Reporter, 13 A.3d No. 2 (April 1, 2011):
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of
Pennsylvania that Rule 1910.19 of the Pennsylvania Rules of Civil Procedure is amended.
This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall
be effective on October 31, 2011.
This rule change can be viewed by clicking here.
IN THE SUPREME COURT OF PENNSYLVANIA
IN RE:
ORDER AMENDING RULE 120 OF THE
RULES OF JUVENILE COURT
PROCEDURE
NO. 543
SUPREME COURT RULES
DOCKET
ORDER
PER CURIAM
AND NOW, this 7th day of September, 2011, upon the recommendation of the
Juvenile Court Procedural Rules Committee, the proposal having been submitted without
publication pursuant to Pa.R.J.A. No. 103(a)(3); and an Explanatory Report to be published
with this ORDER:
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of
Pennsylvania that the modifications to Rule 120 of the Rules of Juvenile Court Procedure
are approved.
This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall
be effective immediately.
This rule change can be viewed by clicking here.
THE DISCIPLINARY BOARD OF THE
SUPREME COURT OF PENNSYLVANIA
[204 PA. CODE]
Proposed Amendments to Pennsylvania Rule of Disciplinary Enforcement 214 to Require an Attorney to Self-Report a Conviction of Any Crime, to Authorize Disciplinary Counsel to Request a Rule to Show Cause Why an Attorney Should Not Be Temporarily Suspended Based On a Conviction For Any Crime, and to Authorize Disciplinary Counsel to Commence an Informal or Formal Proceeding Under Enforcement Rule 208 Immediately After Filing the Certificate of Conviction With the Supreme Court
Notice of Proposed Rulemaking
Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania (“Board”) is considering recommending to the Pennsylvania Supreme Court that the Court amend Pennsylvania Rule of Disciplinary Enforcement 214 as set forth in Annex A. The primary intent of the revisions is twofold: first, to provide uniformity between those crimes that an attorney must report to the Board, and those crimes that the Board must report to the Supreme Court; and second, to streamline the process of prosecuting conviction matters by eliminating the procedural stage in which the Supreme Court refers a conviction matter to the Board.
Courts and criminal prosecutors do not always report a Pennsylvania attorney’s conviction to the Board. Consequently, the reporting requirement of subdivision (a) of Rule 214, which imposes upon attorneys a duty to self-report a criminal conviction to the Board, is integral to an effective system of attorney discipline.
Under current subdivision (a), however, only some attorneys are obligated to self-report a conviction. A self-report is required only if the conviction is for a “serious crime,” which is defined in subdivision (i) as “a crime that is punishable by imprisonment for one year or upward in this or any other jurisdiction.”
This limited duty to self-report is not compatible with subdivisions (c) and (g) of Rule 214. Under the provisions of those subdivisions, Disciplinary Counsel must notify the Court of any conviction that comes to Disciplinary Counsel’s attention, and the Court is obligated to review all conviction matters to determine whether or not disciplinary action is warranted.
The limited duty to self-report also means that only some attorneys who are convicted of a non-“serious” crime are subjected to the disciplinary process, namely, those attorneys who report their conviction to the Board even though they are not required to do so, and those attorneys whose conviction otherwise comes to the attention of Disciplinary Counsel. It is not uncommon for Disciplinary Counsel to learn of an attorney’s conviction for a non-“serious” crime years after the fact, when the salutary effect of discipline is diminished.
The disparity between reportable crimes (i.e., serious crimes) and actionable crimes (i.e., serious crimes and non-“serious” crimes) can also lead to reporting anomalies when the legislature makes changes in the criminal law. Under prior Pennsylvania law, for example, the maximum term of imprisonment for the crime of driving under the influence of alcohol or controlled substance (DUI) was not less than two years, 75 Pa.C.S. § 3731(e) (repealed), and therefore all DUI offenses satisfied the definition of a “serious crime” and were reportable under Rule 214. Effective February 1, 2004, the General Assembly replaced 75 Pa.C.S. § 3731 with 75 Pa.C.S. § 3802, which created new substantive definitions for DUI, and with § 3803, which classified or reclassified some DUI offenses as an ungraded misdemeanor carrying a term of imprisonment of not more than six months. Consequently, not all DUI offenses are currently reportable, even though all DUI offenses remain actionable under Rule 214 and typically result in discipline.
In summary, abolishing the distinction between “serious” and non-“serious” crimes, and expanding the self-reporting requirement to require attorneys to report when convicted of any crime, will enhance Rule 214’s effectiveness, make the Rule more evenhanded in its application, and eliminate reporting anomalies that result from legislative action. The practical effect of the proposed Rule is that attorneys would be obligated to report to Disciplinary Counsel those crimes that Disciplinary Counsel is obligated to report to the Court.
Under proposed subdivision (d)(1), Disciplinary Counsel would have the discretion to ask the Court to issue a rule to show cause based upon a conviction for any crime. While the Board anticipates that such a request in a non-felony matter will be rare, it may be appropriate for Disciplinary Counsel to request a rule to show cause, for example, when the respondent-attorney is taken into custody or remains incarcerated at the time of the conviction or sentence, or where the conviction is part of a pattern of criminality or disciplinary violations. The amendments to the Note after subdivision (d)(5) would eliminate any question that the Court has the discretion to consider mitigating or aggravating circumstances.
Another procedural change, which is set forth in subdivision (f)(1) of the proposed Rule, would allow Disciplinary Counsel to commence an informal or formal proceeding under Enforcement Rule 208 immediately after filing the certificate of conviction with the Court. By eliminating the Rule’s current requirement, as set forth in subdivision (f)(1) and the Note to subdivision (g), that Disciplinary Counsel take no action unless and until the Court refers the matter to the Board or to the Office of Disciplinary Counsel, the proposed change will accelerate the time from conviction to disciplinary disposition primarily in matters involving the less serious and minor offenses. In those cases where Disciplinary Counsel requests a rule to show cause because removal from practice is indicated by the nature of the criminal offense or surrounding circumstances, no disposition will occur prior to the Court’s issuing a rule or entering an order declining to do so.
Consistent with the restriction in the current Rule, new subdivision (f)(1) provides that in those instances in which Disciplinary Counsel files a petition for discipline, a hearing on the petition shall be deferred until sentencing and all appeals from the conviction have been concluded. Consistent with precedent, new subdivision (f)(1) limits the deferral to the conclusion of the “direct” appeal process. See In re Anonymous No. 69 DB 1985, 50 Pa. D.&C.3d 297, 306-307 (1988).
Interested persons are invited to submit written comments by mail or facsimile regarding the proposed amendments to the Office of the Secretary, The Disciplinary Board of the Supreme Court of Pennsylvania, 601 Commonwealth Avenue, Suite 5600, PO Box 62625, Harrisburg, PA 17106-2625, Facsimile number (717-231-3382) on or before October 12, 2011.
By The Disciplinary Board of the
Supreme Court of Pennsylvania
Elaine M. Bixler
Secretary of the Board
A copy of the proposed rule change can be found here.
SUPREME COURT OF PENNSYLVANIA
IN RE:
AMENDMENT OF RULE
1910.16-4 OF THE PENNSYLVANIA
RULES OF CIVIL PROCEDURE
NO. 547
CIVIL PROCEDURAL RULES DOCKET
ORDER
PER CURIAM
AND NOW, this 3rd day of August, 2011, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been published for public comment in the Pennsylvania Bulletin, 41 Pa.Bull. 1618 (March 26, 2011) and West's Pennsylvania Reporter, 13 A.3d No. 2 (April 1, 2011):
IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1910.16-4 of the Pennsylvania Rules of Civil Procedure is amended.
This order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective in 30 days.
To view a copy of the rule change, click here.
Supreme Court of Pennsylvania
Appellate Court Procedural Rules Committee
The Appellate Court Procedural Rules Committee proposes to amend Pennsylvania Rules of Appellate Procedure 341, 903, 904, 1701 and 1931. These amendments are being submitted for public comments and suggestions prior to their submission to the Supreme Court.
All communications in reference to the proposed amendment should be sent no later than Oct 4, 2011 to:
Dean R. Phillips, Counsel
D. Alicia Hickok, Deputy Counsel
Scot R. Withers, Deputy Counsel
Appellate Court Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 6200
PO Box 62635
Harrisburg, PA 17106-2635
or Fax to
717-231-9551
or E-Mail to
appellaterules@pacourts.us
To view a copy of the proposed rule change please click here.
