RESOLUTION IN SUPPORT OF PROPOSED AMENDMENTS
TO THE PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT
(Click HERE for Comments on Proposed Amendments to the Pennsylvania Rules of Disciplinary Enforcement)
WHEREAS, our system of justice is based upon openness and accessibility for all;
WHEREAS, the public continues to hold a negative perception of the legal profession which is of increasing concern to the Association;
WHEREAS, in 1992, the Report of the Commission on Evaluation of Disciplinary Enforcement of the American Bar Association stated that, "The Commission is convinced that secrecy in discipline proceedings continues to be the greatest single source of public distrust of lawyer disciplinary systems";
WHEREAS, at the present time, Pennsylvania remains as one of only five jurisdictions in the United States with a completely closed disciplinary system;
WHEREAS, the Disciplinary Board of the Supreme Court of Pennsylvania has proposed changes (attached as "Exhibit 1") to the Pennsylvania Rules of Disciplinary Enforcement, which would result in the partial opening of the attorney disciplinary system upon the filing of a formal petition for discipline by the Office of Disciplinary Counsel.
NOW, THEREFORE, BE IT RESOLVED that conditioned upon the exceptions noted in the attached Report from the Professional Responsibility Committee, the Board of Governors supports these amendments and authorizes the Chancellor or his designee to communicate the Association's position to the Disciplinary Board and the Supreme Court of Pennsylvania.
PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: JULY 29, 2004