Disciplinary Board Proposes Clarification of Open System Rule
The Disciplinary Board has also proposed an amendment to Rule 402 of the Pennsylvania Rules of Disciplinary Enforcement, dealing with the extent to which disciplinary proceedings are open to the public. The proposal is published at 37 Pa.B. 520 [February 3, 2007]. The narrative describes the proposed changes concisely:
The Board is considering proposing that in the case of a formal proceeding in which it is decided to impose private discipline or in which all of the charges against the respondent-attorney are dismissed, the record of the proceeding be closed.
Although the Board is proposing that a formal proceeding that becomes open to the public will subsequently be closed if it results in the imposition of private discipline or dismissal of all the charges, the closing of the proceeding cannot change the fact that the proceeding was open to the public for a period of time. Thus, the Board is also proposing to make clear that the respondent-attorney may request that the record of the proceeding remain open to demonstrate that the charges were dismissed or only private discipline was imposed.
Comments will be accepted until March 9, 2007. They should be addressed to Office of the Secretary, The Disciplinary Board of the Supreme Court of Pennsylvania, First Floor, Two Lemoyne Drive, Lemoyne, PA 17043.