Current through Register Vol. 54, No. 45, November 9, 2024
Section 87.33 - Appeal by Office of Disciplinary Counsel from modification of recommendation(a)General rule. Enforcement Rule 208(a)(4) provides that Disciplinary Counsel may appeal the recommended disposition directed by a reviewing hearing committee member to a reviewing panel composed of three members of the Board. The appeal shall be set forth on Form DB-8 (Appeal from Determination of Reviewing Member), shall state briefly the grounds relied upon by the Office of Disciplinary Counsel for recommending modification of the determination of the reviewing hearing committee member. The appeal shall be filed with the Board Prothonotary within 30 days after the determination of the reviewing hearing committee member has become effective. The preceding sentence is not applicable to a motion made by the Office of Disciplinary Counsel to dismiss formal charges, which motion may be made at any time.(b)Appeal administrative. The appeal under subsection (a) shall be administrative and not adversary in nature. Copies of the appeal shall be available only to the Board and neither the respondent-attorney nor the reviewing hearing committee member shall be deemed a party to the appeal or have any right to be heard with respect thereto. See also § 93.103 (relating to identity of reviewing hearing committee member).(c)Action by Board. The Executive Office shall transmit the Form DB-8 and related file to a panel of three members of the Board designated by the Chair, who shall consider the appeal and, as provided by Enforcement Rule 208(a)(4), order that the matter be concluded by dismissal, conditional or unconditional informal admonition or conditional or unconditional private reprimand, or conditional or unconditional public reprimand, or direct that a formal proceeding be instituted before a hearing committee or special master in the appropriate disciplinary district.(d)Notice of Board action. The Executive Office shall return the Form DB-8 and related file, showing the action of the reviewing panel of the Board on the appeal, to the Office of Disciplinary Counsel and shall notify the reviewing hearing committee member of the action taken by the Board.The provisions of this §87.33 amended July 8, 1983, effective 7/9/1983, 13 Pa.B. 2138; amended January 15, 1988, effective 1/16/1988, 18 Pa.B. 241; amended March 10, 1989, effective 3/11/1989, 19 Pa.B. 952; amended November 14 and 17, 1989 and December 6 and 20, 1989, effective 4/14/1990, 20 Pa.B. 2009; amended March 11, 2005, effective immediately, 35 Pa.B. 1656; amended August 11, 2012, effective immediately, 42 Pa.B. 5156; amended November 2, 2012, effective 11/3/2012, 42 Pa.B. 6864; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552.