478 Order amending rules 19 and 21 of the rules of conduct, office standards and civil procedure for magisterial district judges; no. 228 magisterial doc. no. 1

Title 207--JUDICIAL CONDUCT

PART II.  CONDUCT STANDARDS

[207 PA. CODE CH. 51]

Order Amending Rules 19 and 21 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges; No. 228 Magisterial Doc. No. 1

[36 Pa.B. 1367]

   The Minor Court Rules Committee has prepared a Final Report explaining the Supreme Court of Pennsylvania's Order amending Rules 19 and 21 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges, effective July 1, 2006. These rule changes impose a two year limitation on the certification of a person who has successfully completed the course of training and instruction and passed the examination, but has not served as a magisterial district judge, bail commissioner, or judge of the Philadelphia Traffic Court. The Final Report follows the Court's Order.

Order

Per Curiam:

   And Now, this 8th day of March, 2006, upon the recommendation of the Minor Court Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3):

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 19 and 21 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges be, and hereby are, amended in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective July 1, 2006.

   Madame Justice Baldwin did not participate in the decision of this matter.

Annex A

TITLE 207.  JUDICIAL CONDUCT

PART II.  CONDUCT STANDARDS

CHAPTER 51.  STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES

PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES

Rule 19.  Certification requirements of interested persons.

   (a)  Magisterial district judges, bail commissioners, and judges of the Philadelphia Traffic Court who are not members of the bar of this Commonwealth [shall] must complete a course of training and instruction in the duties of their respective offices and pass an examination and be certified by the Administrative Office of Pennsylvania Courts prior to assuming office.

   (b)(1)  [In addition to those required to complete the course of training and instruction, any] Any interested [person] individual may apply to the Administrative Office of Pennsylvania Courts to be enrolled in the course of training and instruction and take the examination to be certified.

   (2)  Any individual who has successfully completed the course of training and instruction and passed the examination, but who has not served as a magisterial district judge, bail commissioner, or judge of the Philadelphia Traffic Court shall be certified for only a two year period, and must complete the continuing education course every year in order to maintain his or her certification.

   (c)  Any [persons successfully completing the course of training and instruction and examination, who have] individual certified under paragraph (b) who has not served as a magisterial district judge, bail commissioner, or [Judge] judge of the Philadelphia Traffic Court within two years[,] will be required to [update their certification by taking] take a review course as defined by the Minor Judiciary Education Board and [passing] pass an examination[, prior to being certified] in order to maintain certification by the Administrative Office of Pennsylvania Courts as qualified to perform [his or her] 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.]

   Official Note:  This rule was amended in 2006 to limit to two years the period of certification for individuals who have successfully completed the certification course and examination but have not served as judges or bail commissioners. The rule permits individuals who are certified to serve as judges or bail commissioners but who have not done so within two years of certification to take a review course and pass an examination to maintain their certification for an additional two year period. Admission to the review course and recertification examination under paragraph (c) may be limited by the availability of space. In addition, the rule requires that all certified individuals must attend the annual continuing education course to maintain certification.

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] Continuing Education Requirement: Senior Magisterial District Judges.

   (a)  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] a senior magisterial district judge 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] Rule 20. [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.]

   (b)  In the event that the Court Administrator of Pennsylvania notifies the Minor Judiciary Education Board that a [Senior Magisterial District Judge] senior magisterial district judge has not accepted an assignment for a continuous period of two [(2)] years, the Minor Judiciary Education Board may refuse [enrollment] to enroll the senior magisterial district judge in the continuing education [course] program.

   Official Note:  With regard to certification of senior judges, see Pa. R.J.A. No. 701.

   This rule was amended in 2006 to delete the provision relating to the continuing education of persons who have successfully completed the course of training and instruction and examination but have not served as judges or bail commissioners. The continuing education requirement of those persons is governed by Rule 19.

FINAL REPORT¹

Amendments to Rules 19 and 21 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges

Two Year Limitation on Certification of
Interested Persons

   On March 8th, 2006, effective July 1, 2006, upon recommendation of the Minor Court Rules Committee,² the Supreme Court of Pennsylvania amended Rules 19 and 21 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.³

I.  Background

   The Minor Court Rules Committee (the Committee), in consultation with the Minor Judiciary Education Board (the MJEB) and at the direction of the Supreme Court, undertook a review of Rule 19 of the Standards of Conduct of Magisterial District Judges (Certification requirements of interested persons).⁴ The MJEB had alerted the Supreme Court to concerns about a significant number of individuals who have completed the course of training and instruction and passed the examination to be certified to serve as magisterial district judges, but who have never served in office. Prior to these amendments to Rule 19, these individuals could maintain their certification so long as they attended the annual one-week continuing education course offered by the MJEB. The MJEB reported that some of these individuals have maintained certification in this manner for considerable periods of time, and some have run for office more than once without being elected.

   The MJEB raised concerns about the ability and competency of some of these individuals to perform the duties of their office if they were to be appointed or elected after so long a delay from initial certification and absence of day-to-day involvement with the law and procedure as a sitting judicial officer. The Committee and the MJEB recognized a need to require more current certification for individuals who have never served in office, beyond just the annual continuing education program. They agreed that the annual continuing education program alone is insufficient to maintain the knowledge and skills needed to serve as a judicial officer when the skills are not being practiced on a day-to-day basis as they are by sitting judicial officers.⁵

   To address the concerns raised by the MJEB, the Committee and the MJEB recommended that the Court approve amendments to Rule 19 to disallow the practice of maintaining certification merely by attending the annual continuing education program, and that the Court approve correlative amendments to Rule 21. Because of the concerns about the ability of some of the currently certified individuals to perform the duties of their office if appointed or elected, the Committee believed exigent circumstances existed that required prompt submission of the recommendation to the Supreme Court. Therefore, the Committee submitted its recommendation, and the Court adopted it, without prior publication for public comment.⁶

II.  Approved Rule Changes

A.  Rule 19

   The Committee recommended that the last sentence of existing Rule 19, which created the exception to the two-year certification period, be deleted. In addition, the Committee recommended that the rule be restructured to make clear that certification is effective for only two years for individuals who are certified but have not served in office. The amended rule does, however, permit an individual to maintain certification by completing a review course as prescribed by the MJEB and passing a recertification examination.⁷

   The amendments also require all certified individuals to attend the annual one week continuing education program. Under the rule prior to these amendments, an individual could maintain certification for up to two years without attending continuing education. Because of the constantly and rapidly changing nature of law and procedure, the Committee and the MJEB believe these annual updates are necessary for certified individuals to be informed of developments since their initial certification.

   Further, the Committee recommended that an Official Note be added to Rule 19 to explain the intent of the rule, including clarification that admission to the review course and recertification examination may be limited by the availability of space.

B.  Correlative Amendment to Rule 21

   In addition to the amendment to Rule 19, the Committee recommended that Rule 21 be amended to delete the provisions relating to continuing education of individuals who are certified but have not served in office. These provisions are rendered unnecessary by, and would be inconsistent with, the amendments to Rule 19.

   Finally, in addition to the substantive changes discussed above, the Committee recommended other edito-rial revisions to both rules to address gender neutrality issues, to conform to modern drafting style, and to enhance readability.

[Pa.B. Doc. No. 06-478. Filed for public inspection March 24, 2006, 9:00 a.m.]

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