2136 Proposed amendment to Rule 111 of the rules of conduct, office standards and civil procedure for district justices

Title 246--MINOR COURT CIVIL RULES

PART I. GENERAL

[246 PA.  CODE CH. 100]

Proposed Amendment to Rule 111 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices

[32 Pa.B. 5875]

   The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rule 111 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices to provide for the use of a facsimile or preprinted seal in lieu of an original seal, to make other minor technical changes, and to add an official Committee Note to the Rule. The Committee has not submitted this proposal for review by the Supreme Court of Pennsylvania.

   The following explanatory Report highlights the Committee's considerations in formulating this proposal. The Committee's Report should not be confused with the official Committee Notes to the rules. The Supreme Court does not adopt the Committee's Notes or the contents of the explanatory Reports.

   The text of the proposed changes precedes the Report. Additions are shown in bold; deletions are in bold and brackets.

   We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel,

Michael F. Krimmel, Counsel
Supreme Court of Pennsylvania
Minor Court Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055
 

or e-mail to: [e-mail] no later than Monday, January 6, 2003.

By the Minor Court Rules Committee:

THOMAS E. MARTIN, Jr.,   
Chair

Annex A

TITLE 246.  MINOR COURT CIVIL RULES

PART I.  GENERAL

CHAPTER 100.  RULES AND STANDARDS WITH RESPECT TO OFFICES OF DISTRICT JUSTICES

Rule 111.  Seal.

   A.  Each magisterial district shall have and use a seal, which shall be in the custody of the district justice elected or appointed for [such] the magisterial district. The official acts of [said] the district justice shall be authenticated therewith. There shall be engraved on [such] the seal the same device as is engraved on the great seal of the State, and the words ''Commonwealth of Pennsylvania,'' the name of the county, the number of the magisterial district, and the words ''District Justice.''

   B.  A facsimile or preprinted seal may be used for all purposes in lieu of the original seal.

   Official Note:  This rule was amended in 2002 to provide for the use of a facsimile or preprinted seal in lieu of an original seal. See 42 Pa.C.S. § 1512.

   Adopted Nov. 28, 1969, effective Jan. 1, 1970[. Amended]; amended June 30, 1982, effective 30 days after July 17, 1982; amended and Note added _____ , effective _____ .

REPORT

Proposed Amendment to Rule 111 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices

FACSIMILE SEAL

   I.  Background

   The Committee reviewed Rule 111 at the request of the Special Court Judges Association of Pennsylvania (SCJAP) and in response to the passage of Act 2002-86.¹ Act 86, inter alia, amended Section 1512 of the Judicial Code, 42 Pa.C.S. § 1512, to provide for the use of a facsimile or preprinted seal in lieu of an original seal on documents signed by a district justice.

   In 2001, the SCJAP had contacted the Committee and suggested that Rule 111 of the Rules and Standards with Respect to Offices of District Justices be amended to provide for the use of a facsimile seal on documents produced by the District Justice Automated System (DJS), similar to the automated facsimile signature provided for in Rule 113. The SCJAP noted that facsimile or preprinted seals are routinely used on documents originating in the courts of common pleas. In addition, the SCJAP asserted that the use of a facsimile seal would increase the efficiency of the district justice courts and would save money by reducing the number of costly engraved seals needed in the courts. While the Committee saw merit in the SCJAP's suggestion, the Committee, at that time, declined to propose such an amendment to Rule 111 because the statutory scheme relating to judicial seals did not appear to allow the use of a facsimile seal at the district justice level.

   Specifically, the Committee noted that district justice seals are governed by statute, Section 1512 of the Judicial Code, 42 Pa.C.S. § 1512 (Seal), and by court rule, Rule 111 of the Rules and Standards with Respect to Offices of District Justices (Seal). Section 1512, at that time, stated, ''[e]ach magisterial district shall have a seal, which shall be in the custody of the district justice elected or appointed for such district. The official acts of the district justice shall be authenticated therewith. There shall be engraved on the seal such inscription as may be specified by general rule.'' 42 Pa.C.S. § 1512 (West 1981) (emphasis added).

   Rule 111 is based on the statute and, as currently written, states:

Each magisterial district shall have and use a seal, which shall be in the custody of the district justice elected or appointed for such district. The official acts of said district justice shall be authenticated therewith. There shall be engraved on such seal the same device as is engraved on the great seal of the State, and the words ''Commonwealth of Pennsylvania,'' the name of the county, the number of the magisterial district, and the words ''District Justice.''

   Rule 111 of the Rules and Standards with Respect to Offices of District Justices (emphasis added).

   The Committee believed that the use of the word ''engraved'' in both the statute and the rule suggested that the legislature and the Supreme Court contemplated the use of an engraved, embossed seal.

   As noted above, however, the legislature subsequently amended Section 1512 by adding the language, ''[a] facsimile or preprinted seal may be used for all purposes in lieu of the original seal.'' 42 Pa.C.S. § 1512, as amended by Act 86.

   Accordingly, the Committee now proposes that Rule 111 be amended to provide for the use of a facsimile or preprinted seal in lieu of an original seal.

   II.  Discussion of Proposed Rule Changes

   To provide for the use of a facsimile or preprinted seal, the Committee proposes that Rule 111 be divided in two subdivisions. Subdivision A would contain the existing language of the rule, with only minor editorial changes. A new subdivision B would incorporate into the Rule the language from Section 1512 allowing the use of the facsimile or preprinted seal. Finally, the Committee proposes the addition of an official Committee Note to the Rule to explain the 2002 amendment and to cross-reference Section 1512.

[Pa.B. Doc. No. 02-2136. Filed for public inspection November 27, 2002, 9:00 a.m.]

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¹ The Act of June 28, 2002 (P. L. 518, No. 86, § 1) (hereinafter Act 86).