STRUCTURE OF THE DISCIPLINARY SYSTEM
The substantive law enforced by the disciplinary system is the Pennsylvania Rules of Professional Conduct, which were promulgated by the Supreme Court effective April 1, 1988, and amended many times since then. Prior to 1988, mandatory standards for attorneys admitted to the bar in Pennsylvania were found in the Disciplinary Rules of the Pennsylvania Code of Professional Responsibility.
The disciplinary system is created and governed by the Pennsylvania Rules of Disciplinary Enforcement, a broad set of rules by which the Supreme Court of Pennsylvania carries out its constitutional authority to regulate the practice of law in Pennsylvania. These rules are promulgated by the Supreme Court of Pennsylvania.
Operations of the disciplinary system are governed by the Pennsylvania Disciplinary Board Rules and Procedures. These rules are promulgated by the Disciplinary Board and set very detailed and specific requirements for the administration of the disciplinary process.
ROLE OF THE SUPREME COURT
The Constitution of Pennsylvania grants the Supreme Court of Pennsylvania exclusive jurisdiction over all matters of attorney discipline in Pennsylvania. The Supreme Court promulgates and, in its discretion, may amend the Rules of Disciplinary Enforcement and the Rules of Professional Conduct. The Supreme Court also exercises ultimate authority over the Disciplinary Board, its members, and the staff housed in both the Office of Disciplinary Counsel and the Office of the Secretary. The Supreme Court appoints all members of the Disciplinary Board and designates those who shall serve as Board Chair and Vice-Chair.
Only the Supreme Court can impose public discipline (i.e. public censure, probation under supervision provided by the Board, suspension for a period not exceeding five years and disbarment). All filings with the Supreme Court are made with the Prothonotary.
ROLE OF THE DISCIPLINARY BOARD
The Disciplinary Board has the powers and duties:
- To appoint a Secretary, a Chief Disciplinary Counsel and such Disciplinary Counsel and staff as may, from time to time, be required.
- To appoint Hearing Committee Members within each disciplinary district.
- To review, through a designated panel of three members, and approve or modify a determination by a Reviewing Hearing Committee Member that a matter should be concluded by a private reprimand.
- To administer private reprimands to attorneys.
- To adopt and amend Disciplinary Board Rules and Procedures not inconsistent with the Enforcement Rules.
The Disciplinary Board meets to consider both administrative and executive matters. During its executive session, the Board considers all disciplinary and reinstatement matters that come to it upon recommendation by a Hearing Committee. All matters are considered de novo. If oral argument is requested by either Respondent or Office of Disciplinary Counsel, the Board Chair designates a panel of at least three members for the purpose of hearing argument. When the Disciplinary Board recommends that an attorney be disbarred, suspended or be subjected to public censure or probation by the Supreme Court, a Board Member assigned to that case prepares a formal report and recommendation which is submitted to the Supreme Court following circulation to all Board members.