13-26 Appeal From Board Determinations
- 13-1 Definitions
- 13-1.1 Burden of Proof
- 13-2 Authority of the Courts
- 13-3 General Administrative Authority of Council
- 13-4 Establishment of District Committees
- 13-5 Authority and Duties of COLD
- 13-6 Disciplinary Board
- 13-7 District Committees
- 13-8 Bar Counsel
- 13-9 Clerk of the Disciplinary System
- 13-10 Processing of Complaints by Bar Counsel
- 13-11 Limited Right to Discovery
- 13-12 Substantial Compliance, Notice and Evidentiary Rulings
- 13-13 Participation and Disqualification of Counsel
- 13-14 Disqualification of District Committee Member or Board Member
- 13-15 Subcommittee Action
- 13-16 District Committee Proceedings
- 13-17 Perfecting an Appeal of a District Committee Determination by the Respondent
- 13-18 Board Proceedings Upon Certification
- 13-19 Board Proceedings Upon Appeal
- 13-20 Board Proceedings Upon Certification for Sanction Determination
- 13-21 Board Proceedings Upon a First Offender Plea
- 13-22 Board Proceedings Upon a Guilty Plea or an Adjudication of a Crime
- 13-23 Board Proceedings Upon Impairment
- 13-24 Board Proceedings Upon Disbarment, Revocation or Suspension in Another Jurisdiction
- 13-25 Board Proceedings for Reinstatement
- 13-26 Appeal from Board Determinations
- 13-27 Resignation
- 13-28 Consent to Revocation
- 13-29 Duties of Disbarred or Suspended Respondent
- 13-30 Confidentiality of Disciplinary Records and Proceedings
- 13-31 Dismissal of Complaints and Charges of Misconduct Upon Revocation Without Consent, or Upon Death
- Right of Appeal. As a matter of right any Respondent may appeal to this Court from an order of Admonition, Public Reprimand, Suspension, or Disbarment imposed by the Board, except for any sanction to which Respondent has agreed, using the procedures outlined in Rule 5:21(b) of the Rules of this Court. An appeal shall lie once the Memorandum Order described in this Paragraph has been served on the Respondent. No appeal shall lie from a Summary Order or Agreed Disposition. If a Respondent appeals to this Court, then the Bar may file assignments of cross-error pursuant to Rule 5:28 of the Rules of this Court.
- Determination. This Court shall hear the case and make such determination in connection therewith as it shall deem right and proper.
- Office of the Attorney General. In all appeals to this Court, the Office of the Attorney General, or the Bar Counsel, if so requested by the Attorney General, shall represent the interests of the Commonwealth and its citizens as appellees.
The amendments effective December 1, 2019, revised Paragraph 13-26 to clarify and simplify language.
The amendments effective January 31, 2014, revised Paragraph 13-26 regarding appeals from Disciplinary Board determinations.
Updated: November 26, 2019