Current through Register Vol. 54, No. 45, November 9, 2024
Section 93.112 - Failure to pay taxed expenses(a)Action by Board. Enforcement Rule 208(g)(4) provides that where the respondent-attorney fails to pay taxed expenses and administrative fees within 30 days after the date of the entry of the order taxing such expenses in cases other than a suspension that is not stayed in its entirety or disbarment, the Board shall: (1) Transmit by certified mail, return receipt requested, to the attorney who fails to pay any taxed expenses under § 89.205(b) (relating to taxation of expenses), or § 89.209 (relating to expenses of formal proceedings), addressed to the last known address of the attorney, a notice stating: (i) that unless the attorney shall pay all such expenses within 30 days after the date of the notice, such failure to pay will be deemed a request to be administratively suspended, and at the end of such period the name of the attorney will be certified to the Supreme Court, which will enter an order administratively suspending the attorney; and(ii) that upon entry of the order of administrative suspension, the attorney shall comply with Chapter 91 Subchapter E (relating to formerly admitted attorneys). A copy of Enforcement Rule 217 (relating to formerly admitted attorneys) shall be enclosed with the notice.
(2) Certify to the Supreme Court the name of the attorney who has failed to comply with the notice issued pursuant to paragraph (a)(1) of this section within the 30-day period provided therein.(b)Action by Supreme Court. Enforcement Rule 219(g) provides that upon certification to the Supreme Court of the name of any attorney pursuant to paragraph (a)(2) of this section, the Court shall enter an order administratively suspending the attorney.(c)Reinstatement upon payment of taxed costs. Enforcement Rule 219(m) provides that upon payment of all expenses taxed under 89.205(b) and 89.209 by a formerly admitted attorney on administrative suspension solely for failure to comply with paragraph (a)(1), the Board shall so certify to the Supreme Court; and that unless such person is subject to another outstanding order of suspension or disbarment or the order has been in effect for more than 3 years, the filing of the certification from the Board with the Court Prothonotary shall operate as an order reinstating the person to active status.The provisions of this §93.112 adopted April 8, 1983, effective 4/9/1983, 13 Pa.B. 1244; amended October 12, 1984, effective 10/13/1984, 14 Pa.B. 3749; amended May 19, 2006, effective 5/20/2006, 36 Pa.B. 2368; amended August 7, 2009, effective immediately, 39 Pa.B. 4725; amended April 21, 2017, effective 6/3/2017, 47 Pa.B. 3075; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552.Amended by Pennsylvania Bulletin, Vol 53, No. 50. December 16, 2023, effective 12/16/2023