PRINTER'S NO. 3516
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
231
Session of
2022
INTRODUCED BY O'NEAL, MALONEY, MILLARD, RYAN, ROSSI, OWLETT AND
GILLEN, SEPTEMBER 21, 2022
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 21, 2022
A CONCURRENT RESOLUTION
Encouraging the Pennsylvania Supreme Court to make the
investigation and disciplinary process of lawyers more
transparent.
WHEREAS, Section 10 of Article V of the Constitution of
Pennsylvania gives authority to regulate the practice of law and
lawyers to the Supreme Court of Pennsylvania; and
WHEREAS, By court order dated March 21, 1972, the Supreme
Court established the Disciplinary Board of the Supreme Court of
Pennsylvania to regulate attorney conduct; and
WHEREAS, The Disciplinary Board consists of 12 members who
are appointed by the Supreme Court; and
WHEREAS, The Disciplinary Board's mission is to protect the
public, maintain the integrity of the legal profession and
safeguard the reputation of the courts; and
WHEREAS, The Supreme Court established, through the Rules of
Professional Conduct, minimum ethical standards for the practice
of law that all attorneys must follow; and
WHEREAS, The Disciplinary Board is empowered to enforce and
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investigate actions of lawyers for failure to abide by the Rules
of Professional Conduct; and
WHEREAS, The disciplinary process begins when a formal
complaint is filed with the Office of Disciplinary Counsel
(ODC), which initiate an investigation; and
WHEREAS, The ODC sends a notice of the complaint to the
respondent and requests a formal statement of the respondent's
position; and
WHEREAS, The ODC prepares a document which provides
justification and a recommended resolution which is provided to
a review hearing committee member; and
WHEREAS, The review hearing committee member reviews the
document and approves or modifies the ODC's recommendation or
directly dismisses the complaint; and
WHEREAS, If the initiation of formal charges is approved, the
ODC prepares a Petition for Discipline, which specifies the
charges of misconduct, and the respondent is given 20 days to
file a response; and
WHEREAS, A hearing is conducted in front of a three-member
hearing committee where the ODC presents evidence of the alleged
misconduct, the respondent presents any necessary defense and
briefs from both sides are filed; and
WHEREAS, The hearing committee issues a report and
recommendation, which includes findings of fact, conclusions of
law and a recommended disposition; and
WHEREAS, Either party may file a Brief of Exceptions to the
hearing committee's report with the Disciplinary Board and
request oral argument, which, if granted, is held before a panel
of three board members; and
WHEREAS, The Disciplinary Board adjudicates the matter either
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by issuing an order concluding the matter through dismissal,
informal admonition, private reprimand or public reprimand; and
WHEREAS, The Disciplinary Board may also file the report with
the Supreme Court of Pennsylvania recommending probation, public
censure, suspension or disbarment; and
WHEREAS, If the report is filed with the Supreme Court,
either party may request oral argument and the Supreme Court
shall adjudicate the matter and issue an order; and
WHEREAS, Recent concerns have arisen regarding the level of
public transparency utilized by the Disciplinary Board
throughout its investigation and discipline of lawyers;
therefore be it
RESOLVED (the Senate concurring), That the General Assembly
encourage the Pennsylvania Supreme Court to make the
investigation and disciplinary process of lawyers more
transparent; and be it further
RESOLVED, That the General Assembly encourage the
Disciplinary Board of the Supreme Court of Pennsylvania to
provide greater transparency when investigating, adjudicating
and disciplining lawyers.
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