2165 Amendment of Canon 7B(1)(c) of the code of judicial conduct; no. 246 judicial administration; doc. no. 1

Title 207--JUDICIAL CONDUCT

PART II.  CONDUCT STANDARDS

[207 PA. CODE CH. 33]

Amendment of Canon 7B(1)(c) of the Code of Judicial Conduct; No. 246 Judicial Administration; Doc. No. 1

[32 Pa.B. 5951]

Order

Per Curiam:

   And Now, this 21st day of November, 2002, Canon 7B(1)(c) of the Code of Judicial Conduct is amended to read as set forth in Annex A.

   To the extent that notice of the proposed rulemaking would be required by Rule 103 of the Pennsylvania Rules of Judicial Administration or otherwise, the immediate amendment of Canon 7B(1)(c) of the Code of Judicial Conduct is hereby found to be required in the interest of justice and the 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 7.  A judge should refrain from political activity inappropriate to his judicial office.

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   B.  Campaign Conduct.

   (1)  A candidate, 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:

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   (c)  should not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office; [announce his views on disputed legal or political issues] 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 identity, qualifications, present position, or other fact.

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   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.

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[Pa.B. Doc. No. 02-2165. Filed for public inspection December 6, 2002, 9:00 a.m.]