Title 207--JUDICIAL CONDUCT PART IV. COURT OF JUDICIAL DISCIPLINE [207 PA. CODE CHS. 1 AND 7] Amendment to Rules of Procedure No. 102, 701 and 704--706; Doc. No. 1 JD 94 [31 Pa.B. 6917] Per Curiam:
Order And Now, this 5th day of December, 2001, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having adopted proposed amendments to Rules of Procedure No. 102, 701, and 704--706, as more specifically hereinafter set forth, It Is Hereby Ordered:
That Rules of Procedure 102, 701, and 704--706 shall become effective immediately.
Annex A TITLE 207. JUDICIAL CONDUCT PART IV. COURT OF JUDICIAL DISCIPLINE ARTICLE I. PRELIMINARY PROVISIONS CHAPTER I. GENERAL PROVISIONS IN GENERAL Rule 102. Definitions.
The following words and phrases when used in these rules shall have the following meanings, unless the context or subject matter otherwise requires:
* * * * * Conference Judge is a Court member appointed by the President Judge following the filing of a Board Complaint, to preside at the pre-trial conference, to rule on the omnibus motion, and, during a panel hearing, to make evidentiary rulings. A Conference Judge may also be appointed by the President Judge to rule on [preliminary motions] petitions filed in proceedings other than those initiated by the filing of a Board Complaint.
* * * * * ARTICLE III. OTHER PROCEEDINGS CHAPTER 7. OTHER RELIEF Rule 701. Other Relief Generally.
Whenever the Board [or a Judicial Officer] seeks relief [on grounds] other than by the filing of formal charges pursuant to Article V, § 18(b)(5) of the Pennsylvania Constitution, it shall be initiated by a Petition for Relief as provided in this Chapter.
Rule 704. [Motion to Dismiss] Conference Judge.
[Any party may file a motion to dismiss the petition on any legal ground within 14 days after the service of the petition unless the Court shortens or lengthens the time for filing such motion.
The motion shall state with particularity the grounds for the motion and the facts and legal principles which support each ground. The motion shall be divided into consecutively numbered paragraphs, each containing only one material allegation as far as practicable.]
The President Judge may appoint a member of the Court to serve as Conference Judge on the case as provided by the rules of this Chapter 7.
Rule 705. [Reply to Motion to Dismiss] Hearing or Argument.
[(A) Any party may file a reply to the motion to dismiss within 10 days of the filing of the motion unless the Court shortens or lengthens the time for filing such reply.
(B) The reply shall be divided into consecutively numbered paragraphs corresponding to the numbered paragraphs of the motion. The reply shall meet the allegations of the motion.]
(A) The Conference Judge may schedule argument or an evidentiary hearing on the petition.
(B) The President Judge may schedule argument before the full Court on the petition.
(C) Any decision on the petition shall be made by the full Court.
Rule 706. [Preliminary Motions] Verification.
[(A) Preliminary motions in a matter other than one commenced by the filing of formal charges may be decided by a Conference Judge appointed by the President Judge for that purpose. The Conference Judge may schedule a hearing or argument on the motion, as is appropriate, or may defer any ruling to be decided by the Court. No ruling on a preliminary motion shall constitute a final order for the purpose of appeal.
(B) A decision by the Conference Judge which has the effect of terminating a proceeding based on a Petition for Relief shall be reviewed by the full Court. A majority vote shall be required to sustain such a decision.]
A petition or answer which sets forth facts which do not already appear of record, shall be verified by the party filing it or by counsel for the Board, subject to penalties for unsworn falsification to authorities under the Crimes Code, 18 Pa.C.S. § 4904.
[Pa.B. Doc. No. 01-2263. Filed for public inspection December 21, 2001, 9:00 a.m.]
