2267 Order revising the Code of Judicial Conduct and the rules governing standards of conduct of magisterial district judges; no. 222 magisterial docket no. 1
Title 207--JUDICIAL CONDUCT PART II. CONDUCT STANDARDS [207 PA. CODE CHS. 33 AND 51] Order Revising the Code of Judicial Conduct and the Rules Governing Standards of Conduct of Magisterial District Judges; No. 222 Magisterial Doc. No. 1 [35 Pa.B. 6647] Order Per Curiam
And Now, this 21st day of November, 2005, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, it is hereby ordered that the Code of Judicial Conduct and the Rules Governing Standards of Conduct of Magisterial District Judges are revised to address gender neutrality issues and to make other minor, technical corrections.
To the extent that notice of proposed rulemaking would be required by Rule 103 of the Pennsylvania Rules of Judicial Administration or otherwise, the immediate amendment of the Code of Judicial Conduct and Rules Governing Standards of Conduct of Magisterial District Judges is hereby found to be required in the interest of justice and efficient administration.
This Order shall be effective immediately and shall be processed in accordance with Rule 103(b) of the Pennsylvania Rules of Judicial Administration.
Annex A TITLE 207. JUDICIAL CONDUCT PART II. CONDUCT STANDARDS CHAPTER 33. CODE OF JUDICIAL CONDUCT Subchapter A. CANONS Canon 1. [A judge] Judges should uphold the integrity and independence of the judiciary.
An independent and honorable judiciary is indispensable to justice in our society. [A judge] Judges should participate in establishing, maintaining, and enforcing, and should [himself] themselves observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective.
Canon 2. [A judge] Judges should avoid impropriety and the appearance of impropriety in all [his] their activities.
A. [A judge] Judges should respect and comply with the law and should conduct [himself] themselves at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
B. [A judge] Judges should not allow [his] their family, social, or other relationships to influence [his] their judicial conduct or judgment. [He] They should not lend the prestige of [his] their office to advance the private interests of others; nor should [he] they convey or knowingly permit others to convey the impression that they are in a special position to influence [him] the judge. [He] Judges should not testify voluntarily as a character witness.
Official Note: Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. [A judge] Judges must avoid all impropriety and appearance of impropriety. [He] They must expect to be the subject of constant public scrutiny. [He] They must therefore accept restrictions on [his] their conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly.
The testimony of [a judge as a character witness] judges as character witnesses injects the prestige of [his] their office into the proceeding in which [he testifies] they testify and may be misunderstood to be official testimonial. This Canon, however, does not afford [him] them a privilege against testifying in response to an official summons.
Canon 3. [A judge] Judges should perform the duties of [his] their office impartially and diligently.
The judicial duties of [a judge] judges take precedence over all [his] their other activities. [His] Their judicial duties include all the duties of [his] their office prescribed by law. In the performance of these duties, the following standards apply:
A. Adjudicative responsibilities.
(1) [A judge] Judges should be faithful to the law and maintain professional competence in it. [He] They should be unswayed by partisan interests, public clamor, or fear of criticism.
(2) [A judge] Judges should maintain order and decorum in proceedings before [him] them.
(3) [A judge] Judges should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom [he deals in his] they deal in their official capacity, and should require similar conduct of lawyers, and of [his] their staff, court officials, and others subject to [his] their direction and control.
Official Note: The duty to hear all proceedings fairly and with patience is not inconsistent with the duty to dispose promptly of the business of the court. Courts can be efficient and businesslike while being patient and deliberate.
(4) [A judge] Judges should accord to [every person who is] all persons who are legally interested in a proceeding, or [his lawyer] their lawyers, full right to be heard according to law, and, except as authorized by law, must not consider ex parte communications concerning a pending proceeding.
(5) [A judge] Judges should dispose promptly of the business of the court.
Official Note: Prompt disposition of the court's business requires [a judge] judges to devote adequate time to [his] their duties, to be punctual in attending court and expeditious in determining matters under submission, and to insist that court officials, litigants and their lawyers cooperate with [him] them to that end.
(6) [A judge] Judges should abstain from public comment about a pending proceeding in any court, and should require similar abstention on the part of court personnel subject to [his] their direction and control. This subsection does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court.
Official Note: ''Court personnel'' does not include the lawyers in a proceeding before a judge. The conduct of lawyers is governed by DR7-107 of the Code of Professional Responsibility.
(7) [A judge] Judges should prohibit broadcasting, televising, recording or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court or recesses between sessions, except that a judge may authorize:
* * * * * B. Administrative responsibilities.
(1) [A judge] Judges should diligently discharge [his] their administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court officials.
(2) [A judge] Judges should require [his] their staff and court officials subject to [his] their direction and control to observe the standards of fidelity and diligence that apply to [him] judges.
(3) [A judge] Judges should take or initiate appropriate disciplinary measures against a judge or lawyer for unprofessional conduct of which the judge may become aware.
Official Note: Disciplinary measures may include reporting a judge's or lawyer's misconduct to an appropriate disciplinary body.
(4) [A judge] Judges should not make unnecessary appointments. [He] They should exercise [his] their power of appointment only on the basis of merit, avoiding favoritism. [He] They should not approve compensation of appointees beyond the fair value of services rendered.
Official Note: Appointees of the judge include officials such as referees, commissioners, special masters, receivers, guardians and personnel such as clerks, secretaries, and bailiffs. Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by this subsection.
C. Disqualification.
(1) [A judge] Judges should disqualify [himself] themselves in a proceeding in which [his] their impartiality might reasonably be questioned, including but not limited to instances where:
(a) [he has] they have a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(b) [he] they served as a lawyer in the matter in controversy, or a lawyer with whom [he] they previously practiced law served during such association as a lawyer[,] concerning the matter, or the judge or such lawyer has been a material witness concerning it;
Official Note: A lawyer in a governmental agency does not necessarily have an association with other lawyers employed by that agency within the meaning of this subsection; [a judge] judges formerly employed by a governmental agency, however, should disqualify [himself] themselves in a proceeding if [his] their impartiality might reasonably be questioned because of such association.
(c) [he knows that he] they know that they, individually or as a fiduciary, or [his] their spouse or minor child residing in [his] their household, [has] have a substantial financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;
(d) [he or his] they or their spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
(i) is a party to the proceeding, or an officer, director, or trustee of a party;
(ii) is acting as a lawyer in the proceeding;
Official Note: The fact that a lawyer in a proceeding is affiliated with a law firm with which a lawyer-relative of the judge is affiliated does not of itself disqualify the judge. Under appropriate circumstances, the fact that ''[his] their impartiality might reasonably be questioned'' under Canon 3C(1), or that the lawyer-relative is known by the judge to have an interest in the law firm that could be ''substantially affected by the outcome of the proceeding'' under Canon 3C(1)(d)(iii) may require [his] the judge's disqualification.
(iii) is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;
(iv) is to the judge's knowledge likely to be a material witness in the proceeding;
(2) [A judge] Judges should inform [himself about his] themselves about their personal and fiduciary financial interests, and make a reasonable effort to inform [himself] themselves about the personal financial interests of [his] their spouse and minor children residing in [his] their household.
(3) For the purposes of this section:
(a) the degree of relationship is calculated according to the civil law system;
Official Note: According to the civil law system, the third degree of relationship test would, for example, disqualify [the judge if his or his spouse's father, grandfather, uncle, brother, or niece's husband] judges if their or their spouse's parents, grandparents, aunts or uncles, siblings, nieces or nephews or their spouses were a party or lawyer in the proceeding, but would not disqualify [him] them if a cousin were a party or lawyer in the proceeding.
* * * * * Canon 4. [A judge] Judges may engage in activities to improve the law, the legal system, and the administration of justice.
[A judge] Judges, subject to the proper performance of [his] their judicial duties, may engage in the following quasi-judicial activities, if in doing so [he does] they do not cast doubt on [his] their capacity to decide impartially any issue that may come before [him] them:
A. [He] They may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice.
B. [He] They may appear at a public hearing before an executive or legislative body or official on matters concerning the law, the legal system, and the administration of justice, and [he] they may otherwise consult with an executive or legislative body or official, but only on matters concerning the administration of justice.
C. [He] They may serve as a member, officer, or director of an organization or governmental agency devoted to the improvement of the law, the legal system, or the administration of justice. [He] They may assist such an organization in raising funds and may participate in their management and investment, but should not personally participate in public fund raising activities. [He] They may make recommendations to public and private fund-granting agencies on projects and programs concerning the law, the legal system, and the administration of justice.
Official Note: As a judicial officer and person specially learned in the law, [a judge is] judges are in a unique position to contribute to the improvement of the law, the legal system, and the administration of justice. To the extent that [his] their time permits, [he is] they are encouraged to do so, either independently or through a bar association, judicial conference, or other organization dedicated to the improvement of the law.
Extra-judicial activities are governed by Canon 5.
Canon 5. [A judge] Judges should regulate [his] their extra-judicial activities to minimize the risk of conflict with [his] their judicial duties.
A. Avocational activities.
[A judge] Judges may write, lecture, teach, and speak on non-legal subjects, and engage in the arts, sports, and other social and recreational activities, if such avocational activities do not detract from the dignity of [his] their office or interfere with the performance of [his] their judicial duties.
Official Note: Complete separation of [a judge] judges from extra-judicial activities is neither possible nor wise; [he] they should not become isolated from the society in which [he lives] they live.
B. Civic and Charitable Activities.
[A judge] Judges may participate in civic and charitable activities that do not reflect adversely upon [his] their impartiality or interfere with the performance of [his] their judicial duties. [A judge] Judges may serve as an officer, director, trustee, or nonlegal advisor of an educational, religious, charitable, fraternal, or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations:
(1) [A judge] Judges should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before [him] them or will be regularly engaged in adversary proceedings in any court.
Official Note: The changing nature of some organizations and of their relationship to the law makes it necessary for [a judge] judges regularly to reexamine the activities of each organization with which [he is] they are affiliated to determine if it is proper for [him] them to continue [his] their relationship with it. For example, in many jurisdictions charitable hospitals are now more frequently in court than in the past. Similarly, the boards of some legal aid organizations now make policy decisions that may have political significance or imply commitment to causes that may come before the courts for adjudication.
(2) [A judge] Judges should not solicit funds for any educational, religious, charitable, fraternal, or civic organization, or use or permit the use of the prestige of [his] their office for that purpose, but [he] they may be listed as an officer, director, or trustee of such an organization. [He] They should not be a speaker or the guest of honor at an organization's fund raising events, but [he] they may attend such events.
(3) [A judge] Judges should not give investment advice to such an organization, but [he] they may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions.
Official Note: A judge's participation in an organization devoted to quasi-judicial activities is governed by Canon 4.
C. Financial activities.
(1) [A judge] Judges should refrain from financial and business dealings that tend to reflect adversely on [his] their impartiality, interfere with the proper performance of [his] their judicial duties, exploit [his] their judicial position, or involve [him] them in frequent transactions with lawyers or persons likely to come before the court on which [he serves] they serve.
(2) Subject to the requirement of subsection (1), [a judge] judges may hold and manage investments, including real estate, and engage in other remunerative activity including the operation of a family business.
Official Note: The Effective Date of Compliance provision of this Code qualifies this subsection with regard to a judge engaged in a family business at the time this Code becomes effective.
(3) [A judge] Judges should manage [his] their investments and other financial interests to minimize the number of cases in which [he is] they are disqualified. As soon as [he] they can do so without serious financial detriment, [he] they should divest [himself] themselves of investments and other financial interests that might require frequent disqualification.
(4) Information acquired by [a judge in his] judges in their judicial capacity should not be used or disclosed by [him] them in financial dealings or for any other purpose not related to [his] their judicial duties.
D. Fiduciary Activities.
[A judge] Judges should not serve as the executor, administrator, trustee, guardian, or other fiduciary, except for the estate, trust, or person of a member of [his] their family, and then only if such service will not interfere with the proper performance of [his] their judicial duties. ''Member of [his] their family'' includes a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship. As a family fiduciary [a judge is] judges are subject to the following restrictions:
(1) [He] They should not serve if it is likely that as a fiduciary [he] they will be engaged in proceedings that would ordinarily come before [him] them, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which [he serves] they serve or one under its appellate jurisdiction.
Official Note: The Effective Date of Compliance provision of this Code qualifies this subsection with regard to a judge who is an executor, administrator, trustee, or other fiduciary at the time this Code becomes effective.
(2) While acting as a fiduciary [a judge is] judges are subject to the same restrictions on financial activities that apply to [him in his] them in their personal capacity.
Official Note: [A judge's obligation] Judges' obligations under this Canon and [his obligation] their obligations as a fiduciary may come into conflict. For example, a judge should resign as trustee if it would result in detriment to the trust to divest it of holdings whose retention would place the judge in violation of Canon 5C(3).
E. Arbitration.
[A judge] Judges should not act as an arbitrator or mediator.
F. Practice of law.
[A judge] Judges should not practice law.
G. Extra-judicial appointments.
[A judge] Judges should not accept appointment to a governmental committee, commission, or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice. [A judge] Judges, however, may represent [his] their country, state, or locality on ceremonial occasions or in connection with historical, educational, and cultural activities.
Official Note: Valuable services have been rendered in the past to the states and the nation by judges appointed by the executive to undertake important extra-judicial assignments. The appropriateness of conferring these assignments on judges must be reassessed, however, in light of the demands on [judicial manpower] judges created by today's crowded dockets and the need to protect the courts from involvement in extra-judicial matters that may prove to be controversial. Judges should not be expected or permitted to accept governmental appointments that could interfere with the effectiveness and independence of the judiciary.
Canon 6. Compensation received for quasi-judicial and extra-judicial activities permitted by this code.
[A judge] Judges may receive compensation and reimbursement of expenses for the quasi-judicial and extra-judicial activities permitted by this Code, if the source of such payments does not give the appearance of influencing [the judge] judges in [his] their judicial duties or otherwise give the appearance of impropriety, subject to the following restrictions:
A. Compensation.
Compensation should not exceed a reasonable amount nor should it exceed what a person who is not a judge would receive for the same activity.
B. Expense reimbursement.
Expense reimbursement should be limited to the actual cost of travel, food, and lodging reasonably incurred by [the judge] judges and, where appropriate to the occasion, by [his spouse] their spouses.
Canon 7. [A judge] Judges should refrain from political activity inappropriate to [his] their judicial office.
A. Political conduct in general.
(1) A judge or a candidate for election to judicial office should not:
(a) act as a leader or hold any office in a political organization;
(b) make speeches for a political organization or candidate or publicly endorse a candidate for public office; except as authorized in subsection A(2);
Official Note: [A candidate does] Candidates do not publicly endorse another candidate for public office by having [his] their name on the same ticket.
(c) solicit funds for or pay an assessment or make a contribution to a political organization or candidate, attend political gatherings, or purchase tickets for political party dinners, or other functions, except as authorized in subsection A(2);
(2) [A judge] Judges holding an office filled by public election between competing candidates, or a candidate for such office, may, only insofar as permitted by law, attend political gatherings, speak to such gatherings on [his] their own behalf when [he is] they are a candidate for election or reelection, or speak on behalf of any judicial candidate for the same office, identify [himself] themselves as a member of a political party, and contribute to a political party or organization.
(3) [A judge] Judges should resign [his] their office when [he becomes] they become a candidate either in a party primary or in a general election for a non-judicial office, except that [he] they may continue to hold [his] their judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention, if [he is] they are otherwise permitted by law to do so.
(4) [A judge] Judges should not engage in any other political activity except on behalf of measures to improve the law, the legal system, or the administration of justice.
B. Campaign conduct.
(1) [A candidate] Candidates, including an incumbent judge, for a judicial office that is filled either by public election between competing candidates or on the basis of a merit system election:
(a) should maintain the dignity appropriate to judicial office, and should encourage members of [his] their family to adhere to the same standards of political conduct that apply to [him] them;
(b) should prohibit public officials or employees subject to [his] their direction or control from doing for [him what he is] them what judges are prohibited from doing under this Canon; and except to the extent authorized under subsection B(2) or B(3), [he] they should not allow any other person to do for [him] them what [he is] judges are prohibited from doing under this Canon;
(c) should not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office; make statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court; or misrepresent [his] their identity, qualifications, present position, or other fact.
(2) [A candidate] Candidates, including an incumbent judge, for a judicial office that is filled by public election between competing candidates should not [himself] themselves solicit or accept campaign funds, or solicit publicly stated support, but [he] they may establish committees of responsible persons to secure and manage the expenditure of funds for [his] their campaign and to obtain public statements of support for [his] their candidacy. Such committees are not prohibited from soliciting campaign contributions and public support from lawyers. [A candidate's] Candidates' committees may solicit funds for [his] their campaign no earlier than thirty days prior to the first day for filing nominating petitions or the last day for filing a declaration of intention to seek reelection on a retention basis, and all fundraising activities in connection with such judicial campaign shall terminate no later than the last calendar day of the year in which the judicial election is held. [A candidate] Candidates should not use or permit the use of campaign contributions for the private benefit of [himself] themselves or members of [his] their family.
(3) [An incumbent judge who is a candidate] Incumbent judges who are candidates for retention in or reelection to office without a competing candidate may campaign and may obtain publicly stated support and campaign funds in the manner provided in subsection B(2).
Compliance With The Code of Judicial Conduct Anyone, whether or not a lawyer, who is an officer of a judicial system performing judicial functions, including an officer such as a referee in bankruptcy, special master, court commissioner, or magistrate, is a judge for the purpose of this Code. All judges should comply with this Code except as provided below.
Senior Judge. [A senior judge who receives] Senior judges who receive the same compensation as [a] full-time [judge] judges on the court from which [he] they retired and [is] are eligible for recall to judicial service should comply with all the provisions of this Code except Canon 5G, but [he] they should refrain from judicial service during the period of an extra-judicial appointment not sanctioned by Canon 5G. All other senior judges eligible for recall to judicial service should comply with the provisions of this Code.
This Code shall not apply to [justices of the peace, police magistrates of the City of Pittsburgh] magisterial district judges and judges of the Traffic Court of the City of Philadelphia.
Official Note: Specific rules governing standards of conduct of [justices of the peace, including police magistrates of the City of Pittsburgh] magisterial district judges, and judges of the Traffic Court of the City of Philadelphia, are set forth in the Rules Governing Standards of Conduct of [Justices of the Peace] Magisterial District Judges.
Effective Date of Compliance [A person] Persons to whom this Code becomes applicable should arrange [his] their affairs as soon as reasonably possible to comply with it. If, however, the demands on [his] their time and the possibility of conflicts of interest are not substantial, [a person who holds] persons who hold judicial office on the date this Code becomes effective may:
(a) continue to act as an officer, director, or nonlegal advisor of a family business;
(b) continue to act as an executor, administrator, trustee, or other fiduciary for the estate or person of one who is not a member of [his] their family.
Reliance on Advisory Opinions The Ethics Committee of the Pennsylvania Conference of State Trial Judges is designated as the approved body to render advisory opinions regarding ethical concerns involving judges, justices and other judicial officers subject to the Code of Judicial Conduct, and, although such opinions are not per se binding upon [either the Judicial Inquiry and Review Board] the Judicial Conduct Board, the Court of Judicial Discipline or the Supreme Court of Pennsylvania, action taken in reliance thereupon and pursuant thereto shall be taken into account in determining whether discipline should be recommended or imposed.
Commentary: The United States Supreme Court in Republican Party of Minnesota v. White, 122 S. Ct. 2528 (2002), concluded that a canon of judicial conduct prohibiting judicial candidates from ''announcing their views on disputed legal or political issues'' is violative of the First Amendment of the United States Constitution.
CHAPTER 51. STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES Rule 1. Integrity and Independence of Judiciary.
An independent and honorable judiciary is indispensable to justice. [A magisterial district judge] Magisterial district judges should participate in establishing, maintaining and enforcing, and shall [himself] themselves observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. The provisions for these rules governing standards of conduct of magisterial district judges shall be construed and applied to further that objective.
Official Note: This rule is derived from Canon 1, American Bar Association Code of Judicial Conduct. This and the following rules governing standards of conduct of magisterial district judges provide a complete and exclusive code of conduct for magisterial district judges in Pennsylvania. Those canons of the Code of Judicial Conduct of the American Bar Association thought applicable to magisterial district judges have been paraphrased in these rules, and some of the former standards of conduct rules, which were thought to be more pertinent to magisterial district judges in Pennsylvania than counterpart canons of the American Bar Association Code of Judicial Conduct, have been retained. In determining the standards that apply to [him] them, the magisterial district judges need now consult only these rules and will not be required to consult other sources as was the case heretofore. When canons of the American Bar Association Code of Judicial Conduct have been paraphrased in these rules, pertinent official commentaries to those canons and those parts of the canons thought to be merely expository are set forth in the notes rather than in the rules.
Rule 2. Impropriety and Appearance of Impropriety to be Avoided; Voluntary Appearance as Character Witness Prohibited.
A. [A magisterial district judge] Magisterial district judges shall respect and comply with the law and shall conduct [himself] themselves at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. [A magisterial district judge] Magisterial district judges shall not allow [his] their family, social or other relationships to influence [his] their judicial conduct or judgment. [He] They shall not lend the prestige of [his] their office to advance the private interest of others, nor shall [he] they convey or permit others to convey the impression that they are in a special position to influence [him] the judge.
B. [A magisterial district judge] Magisterial district judges shall not testify voluntarily as [a] character [witness] witnesses.
Official Note: This rule is derived from Canon 2, American Bar Association Code of Judicial Conduct, and Pa. R.J.A. No. 1701. Public confidence in the judiciary is eroded by irresponsible or improper conduct by members of the judiciary. [A magisterial district judge] Magisterial district judges must avoid all impropriety and appearance of impropriety. [He] They must expect to be the subject of constant public scrutiny. [He] They must therefore accept restrictions on [his] their conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly.
The testimony of magisterial district [judge] judges as [a] character [witness] witnesses injects the prestige of [his] their office into the proceeding in which [he testifies] they testify and may be misunderstood to be an official testimonial. Rule 2B, however, does not afford [him] them a privilege against testifying as [a] character [witness] witnesses in response to a subpoena the issuance of which has been specifically allowed by the Supreme Court under Pa. R.J.A. No. 1701.
Rule 3. Priority of Judicial Business.
A. [A magisterial district judge] Magisterial district judges shall devote the time necessary for the prompt and proper disposition of the business of [his] their office, which shall be given priority over any other occupation, business, profession, pursuit or activity.
B. [A magisterial district judge] Magisterial district judges shall not use or permit the use of the premises established for the disposition of [his] their magisterial business for any other occupation, business, profession or gainful pursuit.
* * * * * Rule 4. Adjudicative Responsibilities.
A. [A magisterial district judge] Magisterial district judges shall be faithful to the law and maintain competence in it. [He] They shall be unswayed by partisan interests, public clamor or fear of criticism.
B. [A magisterial district judge] Magisterial district judges shall maintain order and decorum in the proceedings before [him] them. [He] They shall wear judicial robes while conducting hearings and trials.
C. [A magisterial district judge] Magisterial district judges shall be patient, dignified and courteous to litigants, witnesses, lawyers and others with whom [he deals in his] they deal in their official capacity, and shall require similar conduct of lawyers, of [his] their staff and others subject to [his] their direction and control.
D. [A magisterial district judge] Magisterial district judges shall accord to every person who is legally interested in a proceeding, or [his] their lawyer, full right to be heard according to law and, except as authorized by law, neither initiate nor consider ex parte or other communications concerning a pending or impending proceeding. [A magisterial district judge] Magisterial district judges, however, may obtain the advice of a disinterested expert on the law applicable to a proceeding before [him if he gives] them if they give notice to the parties of the person consulted and the substance of the advice and [affords] afford the parties reasonable opportunities to respond.
Official Note: This rule is derived from Canon 3A(1)-(4) of the American Bar Association and Pennsylvania Supreme Court Code of Judicial Conduct. Magisterial district judges are to be provided with the judicial robes required by subdivision B as part of the expense of operating their offices (See Rule 101(3)). The proscription against communications in subdivision D includes communications from lawyers, law teachers and other persons who are not participants in the proceeding, except to the limited extent permitted. It does not preclude [a magisterial district judge] magisterial district judges from consulting with other members of the judiciary or with court personnel whose function it is to aid the judiciary in carrying out adjudicative responsibilities.
Rule 5. Administrative Responsibilities.
A. [A magisterial district judge] Magisterial district judges shall diligently discharge [his] their administrative responsibilities, maintain competence in judicial administration and facilitate the performance of the administrative responsibilities of [his] their staff and of other members of the judiciary and court officials.
B. [A magisterial district judge] Magisterial district judges shall require [his] their staff to observe the standards of fidelity and diligence that apply to [him] them.
C. [A magisterial district judge] Magisterial district judges shall not make unnecessary appointments to [his] their staff. [He] They shall exercise any such power of appointment that [he] they may have only on the basis of merit, avoiding nepotism and favoritism.
* * * * * Rule 6. Public Comment.
[A magisterial district judge] Magisterial district judges shall abstain from public comment about a proceeding pending or impending in [his office] their offices or in any court, and shall require similar abstention on the part of [his] their staff. This rule does not prohibit magisterial district judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court.
* * * * * Rule 7. Broadcasting, Televising, Recording, Photography.
[A magisterial district judge] Magisterial district judges shall prohibit broadcasting, televising, recording or taking photographs in the courtroom and areas immediately adjacent thereto during sessions or recesses between sessions, except that [a magisterial district judge] magisterial district judges may authorize:
* * * * * Rule 8. Disqualification.
A. [A magisterial district judge] Magisterial district judges shall disqualify [himself] themselves in a proceeding in which [his] their impartiality might reasonably be questioned, including but not limited to instances where:
(1) [he has] they have a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(2) [he] they served as a lawyer in the matter in controversy, or a lawyer with whom [he] they previously practiced law served during such association as a lawyer concerning the matter, or the magisterial district judge or such lawyer has been a material witness concerning it;
(3) [he knows that he] they know that they, individually or as a fiduciary, or [his] their spouse or a minor child residing in [his] their household has a financial interest in the subject matter in controversy or is a party to the proceeding or any other interest that could be substantially affected by the outcome of the proceeding;
(4) [he or his] they or their spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
* * * * * B. [A magisterial district judge] Magisterial district judges shall inform [himself about his] themselves about their personal and fiduciary financial interests and make a reasonable effort to inform [himself] themselves about the personal financial interests of [his] their spouse and minor children residing in [his] their household.
Official Note: This rule is derived from Canon 3C, American Bar Association Code of Judicial Conduct. For the purpose of this rule, ''fiduciary'' includes such relationships as executor, administrator, trustee and guardian, and ''financial interest'' means ownership of a legal or equitable interest, however small, or a relationship as director, advisor or other active participant in the affairs of a party, except that: (1) ownership in mutual or common investment fund that holds securities is not a ''financial interest'' in such securities unless the magisterial district judge participates in the management of the fund; (2) an office in an educational, religious, charitable, fraternal or civic organization is not a ''financial interest'' in securities held by the organization; (3) the proprietary interest of a policy holder in a mutual insurance company, of a depositor in a mutual savings association or a similar proprietary interest is a ''financial interest'' in the organization only if the outcome of the proceeding could substantially affect the value of the interest; and (4) ownership of government securities is a ''financial interest'' in the issuer only if the outcome of the proceeding could substantially affect the value of the securities. ''Degree of relationship'' is calculated according to the civil law system. Thus, the third degree of relationship test would, for example, disqualify the magisterial district judge if [his or his spouse's father, grandfather, uncle, brother or niece's husband] they or their spouse's parents, grandparents, uncles or aunts, siblings, or nieces or nephews or their spouses were a party or a lawyer in the proceeding, but would not disqualify [him] them if a cousin were a party or lawyer in the proceeding.
A lawyer in a governmental agency does not necessarily have an association with other lawyers employed by that agency within the meaning of subdivision A(2). [A magisterial district judge] Magisterial district judges formerly employed by a governmental agency, however, should disqualify [himself] themselves in a proceeding if [his] their impartiality might reasonably be questioned because of such association.
The fact that a lawyer in a proceeding is affiliated with a law firm with which a lawyer-relative of the magisterial district judge is affiliated does not of itself disqualify the magisterial district judge. Under appropriate circumstances, the fact that ''[his] their impartiality might reasonably be questioned'' under subdivision A, or that the lawyer-relative is known by the magisterial district judge to have an interest in the law firm that could be ''substantially affected by the outcome of the proceeding'' under subdivision A(4)(c) may require [his] their disqualification.
Rule 9. Remittal of Disqualification; Minimizing Disqualification.
A. [A magisterial district judge] Magisterial district judges disqualified by Rule 8A(3) or (4) may, instead of withdrawing from the proceeding, disclose the basis of [his] their disqualification. If, based on such disclosure, the parties and lawyers independently of the participation of the magisterial district [judge] judges all agree in writing that the relationship of the magisterial district [judge] judges is immaterial or that [his] their financial interest is insubstantial, the magisterial district [judge is] judges are no longer disqualified and may participate in the proceeding. The agreement signed by all parties and lawyers, shall be attached to the record copy of the complaint form.
B. [A magisterial district judge] Magisterial district judges shall manage [his] their investments and other financial interests to minimize the number of cases in which [he is] they are disqualified. As soon as [he] they can do so without serious financial detriment, [he] they shall divest [himself] themselves of investments and other financial interests that might require frequent disqualification.
Official Note: Subdivision A is derived from Canon 3D, American Bar Association Code of Judicial Conduct. The procedure in this subdivision is designed to minimize the chance that a party or lawyer will feel coerced into an agreement. When a party is not immediately available, the magisterial district [judge] judges may proceed on the written assurance of the [lawyer that his party's] lawyers that their parties' consent will be subsequently filed.
* * * * * Rule 10. Information Acquired in Judicial Capacity.
Information acquired by [a magisterial district judge in his] magisterial district judges in their judicial capacity shall not be used or disclosed by [him] them in financial dealings or for any other purpose not related to [his] their judicial duties.
* * * * * Rule 11. Solicitation of Funds.
[A magisterial district judge] Magisterial district judges shall not solicit funds for any educational, religious, charitable, fraternal or civic organization, or use or permit the use of the prestige of [his] their office for that purpose, but [he] they may be listed as an officer, director or trustee of such an organization. [He] They shall not be a speaker or the guest of honor at such an organization's public fund raising events, but [he] they may attend such events.
* * * * * Rule 12. Gifts and Loans.
A. [A magisterial district judge] Magisterial district judges may accept a gift incident to a public testimonial to [him] them and books supplied by publishers on a complimentary basis for public use. [A magisterial district judge] Magisterial district judges or a member of [his] their family residing in [his] their household may accept ordinary social hospitality; a gift, bequest, favor or loan from a relative; a wedding or engagement gift; a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not magisterial district judges; or a scholarship or fellowship awarded on the same terms applied to other applicants.
B. [A magisterial district judge] Magisterial district judges or a member of [his] their family residing in [his] their household may accept any other gift, bequest, favor or loan only if the donor is not a party or other person whose interests have come or are likely to come before the magisterial district judge.
Official Note: This rule is derived from Canon [50(4)] 5C(4), American Bar Association Code of Judicial Conduct. For the purpose of this rule, ''member of [his] their family residing in [his] their household'' means any relative of the magisterial district [judge] judges by blood or marriage, or a person treated by the magisterial district [judge] judges as a member of [his] their family, who resides in [his] their household.
Rule 13. Incompatible Practices.
Magisterial district judges and all employees assigned to or appointed by magisterial district judges shall not engage, directly or indirectly, in any activity or act incompatible with the expeditious, proper and impartial discharge of their duties, including, but not limited to, (1) in any activity prohibited by law; (2) in the collection business; or (3) in the acceptance of any premium or fee for any judicial bond. [A magisterial district judge] Magisterial district judges shall not exploit [his or her] their judicial position for financial gain or for any business or professional advantage. [A magisterial district judge] Magisterial district judges shall not receive any fee or emolument for performing the duties of an arbitrator.
* * * * * Rule 14. Prohibited Practice of Attorney Magisterial District [Judge] Judges.
A. [An attorney who is a magisterial district judge] Attorneys who are magisterial district judges shall not practice before any magisterial district judge in the Commonwealth, nor shall [he] they act as a lawyer in a proceeding in which [he has] they have served as a magisterial district judge or in any other proceeding related thereto. Nor shall [he] they practice criminal law in the county within which [his] their magisterial district is located. An employer, employe, partner of office associate of such magisterial district [judge] judges shall not appear or practice before [him] them.
B. [An attorney who is a magisterial district judge] Attorneys who are magisterial district judges shall not practice before, or act as an attorney or solicitor for, any county or local municipal, governmental or quasi governmental agency, board, authority or commission operating within the Commonwealth.
* * * * * Rule 15. Public Office and Political Activity.
A. [A magisterial district judge] Magisterial district judges shall not hold another office or position of profit in the government of the United States, the Commonwealth or any political subdivision thereof, except in the armed services of the United States or the Commonwealth.
B. [A magisterial district judge] Magisterial district judges or a candidate for such office shall not:
(1) hold office in a political party or political organization or publicly endorse candidates for political office.
(2) engage in partisan political activity, deliver political speeches, make or solicit political contributions (including purchasing tickets for political party dinners or other functions) or attend political or party conventions or gatherings, except as authorized in subdivision C of this rule. Nothing herein shall prevent [a magisterial district judge or a candidate for such office] magisterial district judges or candidates for such offices from making political contributions to a campaign of a member of [his] their immediate family.
C. [A magisterial district judge or a candidate for such office] Magisterial district judges or candidates for such offices may in the year [he runs] they run for office, attend political or party conventions or gatherings, speak to such gatherings or conventions on [his] their own behalf, identify [himself] themselves as [a member] members of a political party, and contribute to [his] their own campaign, a political party or political organization (including purchasing tickets for political party dinners or other functions).
D. With respect to [his] their campaign conduct, [a magisterial district judge or a candidate] magisterial district judges or candidates for such office shall:
(1) maintain the dignity appropriate to judicial office, and shall encourage members of [his] their family to adhere to the same standards of political conduct that apply to [him] them.
(2) prohibit public officials or employes subject to [his] their direction or control from doing for [him what he is] them what they are prohibited from doing under this rule; and except to the extent authorized under subdivision D(4) of this rule shall not allow any other person to do for [him what he is] them what they are prohibited from doing under this rule.
(3) not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office; make statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court; or misrepresent [his] their identity, qualifications, present position, or other fact.
Commentary: The United States Supreme Court in Republican Party of Minnesota v. White, 122 S. Ct. 2528 (2002) concluded that a canon of judicial conduct prohibiting judicial candidates from ''announcing their views on disputed legal or political issues'' is violative of the First Amendment of the United States Constitution.
(4) not [himself] themselves solicit or accept campaign funds, or solicit publicly stated support, but [he] they may establish committees of responsible persons to secure and manage the expenditure of funds for [his] their campaign and to obtain public statements of support for [his] their candidacy. Such committees are not prohibited from soliciting campaign contributions and public support from lawyers. [A candidate's] Candidates' committees may solicit funds for [his] their campaign no earlier than thirty (30) days prior to the first day for filing nominating petitions, and all fundraising activities in connection with such campaign shall terminate no later than the last calendar day of the year in which the election is held. [A candidate] Candidates should not use or permit the use of a campaign contribution for the private benefit of [himself] themselves or members of [his] their family.
E. [A magisterial district judge] Magisterial district judges shall resign [his] their office when [he becomes a candidate] they become candidates either in a party primary or in a general election for a non-judicial office.
Official Note: This rule is derived from former Rule 15 and from Canon 7 of the American Bar Association and Pennsylvania Supreme Court Code of Judicial Conduct. [this] This rule prohibits only political activity that is partisan in nature and consequently there is no objection to [a magisterial district judge] magisterial district judges becoming engaged in political activity of a public service nature, such as, for example, political activity in behalf of measures to improve the law, the legal system or the administration of justice.
Rule 16. Transfer of Dockets and Other Papers.
A. Except for judges of [the Pittsburgh Magistrates Court and of the traffic courts of Pittsburgh and Philadelphia, every] Philadelphia Traffic Court, magisterial district [judge] judges shall on the expiration of [his] their term of office, or upon the effective date of [his] their resignation or removal from office or upon [his] their abandonment of [his] their office or its duties deliver all [his] their dockets and other official or like papers to the magisterial office established for the magisterial district in which the former or inactive magisterial district [judge] judges maintained [his] their residence.
B. If [a magisterial district judge dies] magisterial district judges die in office, [his personal representative] their personal representatives shall make any delivery required under subdivision A of this rule.
Rule 17. Supervision of Magisterial District Courts by President Judges.
* * * * * (B) The president judge's administrative authority over magisterial district courts within the judicial district includes but is not limited to, and shall be governed by, the following:
* * * * * (3) Staff in the Magisterial District Courts--
* * * * * (c) Subject to subparagraphs (a) and (b) above, [a magisterial district judge] magisterial district judges
(i) shall be responsible for the management of authorized staff in [his or her] their court;
(ii) shall assign work among authorized staff in [his or her] their court, and;
* * * * * (4) Magisterial District Judge Leave; Coverage During Leave--
* * * * * (b) Subject to the provisions of subparagraph (a) above, [a magisterial district judge] magisterial district judges shall enjoy autonomy with respect to choosing when to take leave, subject to reasonable coordination by the president judge with the schedules of the other magisterial district judges in the judicial district.
* * * * * Rule 18. Applicability to Judges [of the Pittsburgh Magistrates Court and] of the Traffic [Courts of Pittsburgh and] Court of Philadelphia.
Except for Rule 16, the above rules governing standards of conduct for magisterial district judges also apply to, and ''magisterial district judge'' as used therein additionally includes, the judges of the [Pittsburgh Magistrates Court and of the traffic courts of Pittsburgh and] Philadelphia Traffic Court.
Rule 19. Certification requirements of interested persons.
* * * * * Any [person] persons successfully completing the course of training and instruction and examination, who [has] have not served as a magisterial district judge, bail commissioner or Judge within two years, will be required to update [his] their certification by taking a review course as defined by the Minor Judiciary Education Board and passing an examination, prior to being certified by the Administrative Office of Pennsylvania Courts as qualified to perform [his or her] their duties as required by the Constitution of Pennsylvania. Individuals who have completed the continuing education course every year since being certified are exempt from this provision.
Rule 20. Continuing education requirement.
Every magisterial district judge shall complete a continuing education program each year equivalent to not less than 32 hours per year in such courses or programs as are approved by the Minor Judiciary Education Board. If a magisterial district judge fails to meet these continuing education requirements, [he or she] the judge shall be subject to suspension by the Supreme Court until such time as evidence of compliance with such requirements is submitted by the board, but in no event longer than six months at which time the failure to meet the continuing education requirements shall be grounds for the Supreme Court, after a hearing, to declare a vacancy in that district.
* * * * * Rule 21. Admission of Senior Magisterial District Judges and Those Persons Who Have Successfully Completed the Course of Training and Instruction and Examination and Who Have Not Served as a Magisterial District Judge, Bail Commissioner or Judge.
Any magisterial district judge who has left that Judicial Office for any good reason and who has been certified by the Administrative Office of Pennsylvania Courts as eligible to serve as Senior Magisterial District Judges shall be admitted to the continuing education program sponsored by the Minor Judiciary Education Board every year as required by 42 Pa.C.S.A.[,] Section 3118. Any person successfully completing the course of training and instruction and examination and who has not served as a magisterial district judge, bail commissioner or judge may apply to the Administrative Office of Pennsylvania Courts to be enrolled in the continuing education course based on the availability of space. Such enrollment will be at the expense of the party.
* * * * * Rule 22. Continuing Education Requirement: Philadelphia Traffic Court.
Every Philadelphia Traffic Court judge shall complete a continuing education program each year equivalent to not less than twenty (20) hours per year in such courses or programs as are approved by the Minor Judiciary Education Board. If a Philadelphia Traffic Court judge fails to meet these continuing education requirements [he or she] the judge shall be subject to suspension until such time as evidence of compliance with such requirements is submitted by the Minor Judiciary Education Board, but in no event for longer than six months at which time the failure to meet the continuing education requirements shall be grounds for removal and the declaration of a vacancy in the Philadelphia Traffic Court.
[Pa.B. Doc. No. 05-2267. Filed for public inspection December 9, 2005, 9:00 a.m.]
