Current through Register Vol. 54, No. 40, October 5, 2024
Section 85.10 - Stale matters(a)General rule. The Office of Disciplinary Counsel or the Board shall not entertain any complaint arising out of acts or omissions occurring more than four years prior to the date of the complaint, except as provided in subsection (b).(b)Exceptions. (1) The four year limitation in subsection (a) shall not apply in cases involving theft or misappropriation, conviction of a crime or a knowing act of concealment.(2) When litigation has resulted in a finding that the subject acts or omissions involved civil fraud, ineffective assistance of counsel or prosecutorial misconduct by the respondent-attorney, a complaint may be entertained if filed or opened within: (i) four years of the subject acts or omissions; or(ii) two years after the litigation in which the finding was made becomes final, whichever date is later.(c) Litigation "becomes final" within the meaning of subsection (b)(2)(ii) at the conclusion of direct or collateral review, including discretionary review in the Supreme Court of the United States and the highest state court, or at the expiration of time for seeking the review.The provisions of this §85.10 amended January 15, 1988, effective 1/16/1988, 18 Pa.B. 241; amended May 27, 1994, effective immediately, 24 Pa.B. 2693; amended April 12, 2002, effective immediately; amended February 12, 2021, effective in 30 days from date of publication, 51 Pa.B. 781.