Title 207--JUDICIAL CONDUCT PART IV. COURT OF JUDICIAL DISCIPLINE New Rules of Judicial Conduct [26 Pa.B. 1677] Annex A TITLE 207. JUDICIAL CONDUCT PART IV. COURT OF JUDICIAL DISCIPLINE ARTICLE I. PRELIMINARY PROVISIONS CHAPTER 1. GENERAL PROVISIONS IN GENERAL Rule
101. Title and Citation of Rules. 102. Definitions. 103. Scope of Rules; Amendments, Publication. 104. Rules of Construction. 105. Organization; Seal. 106. Proceedings before the Court Generally. 107. Seniority of Judges. 108. Immunity. 109. Right to Counsel. 110. Entry of Appearance. 111. Clerk of the Court. Rule 101. Title and Citation of Rules.
These rules shall be known as the Court of Judicial Discipline Rules of Procedure and may be cited as ''C.J.D.R.P. No. __.''
Adopted November 1, 1994, effective January 1, 1995.
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:
Board is the Judicial Conduct Board.
Board Complaint is the formal charging document filed by the Board to initiate proceedings in the Court pursuant to Article V, § 18(b)(5) of the Pennsylvania Constitution.
Charges are the formal charges contained in the Board Complaint filed with the Court by the Board alleging that a judicial officer has been convicted of a felony, violated Article V, § 17 of the Pennsylvania Constitution, engaged in misconduct in office, neglected or failed to perform the duties of office or engaged in conduct which prejudiced the proper administration of justice or brought the judicial office into disrepute, violated a canon of legal or judicial ethics or standards of conduct or a rule of the Supreme Court, or that the judicial officer is mentally or physically disabled.
Clerk is the person appointed by the Court to serve as Clerk of the Court.
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 in proceedings other than those initiated by the filing of a Board Complaint.
Court is the Court of Judicial Discipline. Unless the context clearly indicates otherwise, the term shall include a panel.
Full Court is at least a quorum of the Court.
Judicial Officer includes district justices, judges of the Philadelphia Municipal and Traffic Courts, judges of the Pittsburgh Magistrates Court, judges of the courts of common pleas, the Commonwealth Court, and the Superior Court, justices of the Supreme Court and senior judges or district justices of any court.
Majority is a majority of the members of the Court qualified to vote.
Panel is a group of three members of the Court appointed by the President Judge to act on behalf of the Court, one of whom is a member of the bar of the Supreme Court of Pennsylvania and one of whom is a non-lawyer elector.
Petition for Relief is a document filed pursuant to these Rules to initiate proceedings other than formal charges in the Court.
President Judge is a member of the Court elected by the Court to act as the President Judge.
Quorum is five members of the Court.
Verification is a written statement of fact by the signer, supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification of authorities.
Official Note: This rule is derived from former interim Rule 1.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
Rule 103. Scope of Rules; Amendments; Publication.
(A) These rules shall govern the conduct of all proceedings before the Court.
(B) The rules may only be amended by the affirmative vote of a majority of the Court, after notice of the proposed amendment to the members of the Court.
(C) Upon adoption, these rules and any amendments shall be available for public inspection and shall be forwarded to:
(1) The Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and
(2) West Publishing Company for publication in the Pennsylvania Reporter.
Official Note: This rule is derived from former interim Rule 2.
Adopted March 16, 1994, effective March 16, 1994. Amended November 1, 1994, effective January 1, 1995.
Rule 104. Rules of Construction.
Chapter 19 of Title 1 of the Pennsylvania Consolidated Statues so far as not inconsistent with any express provision of these rules, shall be applicable to the interpretation of these rules and all amendments hereto to the same extent as if these rules were enactments of the General Assembly.
Official Note: This rule is derived from former interim Rule 1(B).
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.
Rule 105. Organization; Seal.
(A) At the first meeting of the Court, and annually thereafter, the Court shall elect from its membership a President Judge. If the President Judge is temporarily unable to perform his or her duties, these duties shall be performed by the next senior member of the Court who is able to perform these duties.
(B) The President Judge shall annually establish a calendar specifying the dates for meeting of the Court. When necessary, other dates for meetings may be set as the need arises.
(C) Hearings and trials shall be held at the seat of government unless the Court provides otherwise.
(D) The Court shall have a seal.
(1) The seal shall contain the words ''Court of Judicial Discipline'' on the upper circle and the word ''Pennsylvania'' on the lower arc circling arms similar to those appearing on the state seal.
(2) The Clerk shall be the custodian of the seal and is authorized to affix it to such documents as may be appropriate.
Official Note: This rule is derived from former interim Rule 3.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.
Rule 106. Proceedings before the Court Generally.
(A) The President Judge, each member of the Court, the Clerk, and any person otherwise authorized by law shall have the power to administer an oath or affirmation.
(B) All testimony presented to the Court shall be taken under oath or affirmation.
(C) The Court may address unprofessional conduct and other breaches of order as permitted by law.
(D) Whenever the full Court takes action, a majority of members of the Court qualified to vote shall be required.
Official Note: This rule is derived from former interim Rule 4.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
Rule 107. Seniority of Judges.
(A) The seniority of the members of the Court shall be computed from the dates of the members' appointments to the Court.
(B) Should any two members be appointed to the Court at the same time, at the first meeting of the Court after their appointment, they shall cast lots for seniority. A record of the determination shall be maintained by the Clerk.
Official Note: This rule is derived from former interim Rule 6.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.
Rule 108. Immunity.
Members of the Court and the Court's staff shall be absolutely immune from suit for all conduct in the course of their official duties, and no civil action or disciplinary compliant predicated on testimony before the Court may be maintained against any witness or counsel.
Official Note: This rule is derived from former interim Rule 8.
Adopted March 16, 1994, effective March 16, 1994.
Rule 109. Right to Counsel.
The Judicial Officer shall be entitled to retain counsel and to have the assistance of such counsel at every stage of these proceedings.
Official Note: This rule is derived from former interim Rule 9.
Adopted March 16, 1994, effective March 16, 1994.
Rule 110. Entry of Appearance.
(A) Counsel for a Judicial Officer shall file an entry of appearance with the Clerk of the Court and shall serve a copy of the entry on the Board Counsel.
(B) The entry of appearance shall include counsel's name, address, phone number, and Pennsylvania Supreme Court Identification Number. Admission Pro Hoc Vice shall be in accordance with the Pennsylvania Bar Admission Rules.
Official Note: This rule is derived from former interim Rule 10.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.
Rule 111. Clerk of the Court.
(A) The Clerk shall be the custodian of the records and docket of the Court, which shall be preserved.
(B) The Clerk is empowered to perform those duties ordinarily performed by a clerk of a court of record and such other duties as the Court may assign.
Official Note: This rule is derived from former interim Rule 11.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.
DOCUMENTS GENERALLY Rule
121. Filing; Docketing. 122. Service. 123. Return of Service. 124. Subpoenas. 125. Designation of Officials for Execution of Bench Warrants of Arrest. 126. Continuances. Rule 121. Filing; Docketing.
(A) Papers required or permitted to be filed with the Court shall be filed:
(1) with the Clerk; or
(2) by mail addressed to the Clerk, but filing by mail shall be timely only when received by the Clerk within the time fixed for filing.
(B) Whenever these rules require service, the filing shall include a verification that the service requirements have been met.
(C) Unless otherwise ordered by the Court, or as otherwise provided by these rules, a filing shall consist of the original and 10 copies.
(D) The Clerk shall stamp all documents filed with the Court to reflect the date and time of filing and shall record such information in the docket.
(E) The Clerk shall distribute copies of all filings as the Court shall direct.
Official Note: This rule is derived from former interim Rule 12.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
Rule 122. Service.
(A) When service is required under these rules, service shall be made concurrently with filing.
(B) Service may be accomplished by:
(1) personal delivery of a copy to a party or a party's attorney; or
(2) sending a copy to a party by overnight, certified, or registered mail addressed to the party's place of residence or business.
Official Note: This rule is derived from former interim Rule 13.
Adopted March 16, 1994, effective March 16, 1994.
Rule 123. Return of Service.
(A) When service of original process has been made, the person making service shall make a return of service forthwith. If service has not been made, a return of no service shall be made.
(B) A return of service shall set forth the date, time, place and manner of service, the identity of the person served and any other facts necessary for the Court to determine whether proper service has been made.
(C) Return of service or no service by mail under Rule 122(B)(2) shall include a return receipt.
(D) The return of service or no service shall be filed with the Clerk.
Adopted November 1, 1994, effective January 1, 1995.
Rule 124. Subpoenas.
(A) The Court may compel by subpoena the attendance of witnesses and the production of books, papers, documents, and other physical evidence at a deposition, hearing or trial held pursuant to these rules.
(B) Upon the request of a party, the Clerk shall issue a subpoena under the seal of the Court, signed by the Clerk but otherwise blank, substantially in the form prescribed by Pa.R.C.P. No. 234.6 or Pa.R.C.P. No. 234.8.
(C) Subpoenas shall be served as provided in Rule 122.
(D) If a witness fails to comply with a subpoena, the court may issue a bench warrant and if the failure to comply is willful may adjudge the witness to be in contempt.
Official Note: This rule is derived from former interim Rule 14.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
Rule 125. Designation of Officials for Execution of Bench Warrants of Arrest.
By order in a particular case, the Court may designate the Pennsylvania State Police or the Sheriff of Dauphin County as the official agency for the execution of a bench warrant of arrest. The Sheriff of Dauphin County may act either directly, within Dauphin County, or by deputizing sheriffs of other counties.
Adopted November 1, 1994, effective January 1, 1995.
Rule 126. Continuances.
A request for a continuance shall be made by filing an original motion and one copy with the Clerk, and serving a copy of the motion on the opposing party. The motion shall be decided by the Conference Judge, who may grant the motion, but only for exceptional cause shown.
Official Note: This rule is derived from former interim Rule 15.
Adopted March 16, 1994, effective March 16, 1994. Amended November 1, 1994, effective January 1, 1995.
CHAPTER 2. DECISIONS Rule
201. Reporting of opinions; Publication. 202. Citing of Opinions of Other Courts. Rule 201. Reporting of Opinions; Publication.
Official reported opinions of the Court are published by the West Publishing Company, Atlantic Reporter.
Adopted November 1, 1994, effective January 1, 1995.
Rule 202. Citing of Opinions of Other Courts.
Reported opinions of the Supreme Court, Superior Court and Commonwealth Court may be cited as binding precedent on Pennsylvania law. Reported opinions of the courts of common pleas, federal courts and courts of other jurisdictions may be cited for their persuasive value. Unreported opinions of other courts shall not be cited in any brief of argument addressed to the Court. The Court may, however, upon request of a party, take judicial notice of unreported opinions of other courts involving facts or parties relevant to the matter before the Court.
Adopted November 1, 1994, effective January 1, 1995.
ARTICLE II. PROCEEDINGS BASED ON THE FILING OF FORMAL CHARGES CHAPTER 3. INITIATION OF FORMAL CHARGES Rule
301. Initiating Formal Charges; Scheduling. 302. Contents of Board Complaint. 303. Board Complaints; Amendment and Consolidation. Rule 301. Initiating Formal Charges; Scheduling.
(A) Board Complaint. Proceedings in the Court shall be commenced by the filing of a Board Complaint with the Clerk and concurrent service of the Board Complaint on the Judicial Officer.
(B) Appointment of Conference Judge. Within 10 days after a Board Complaint is filed pursuant to paragraph (A), the President Judge shall appoint a member of the Court to serve as Conference Judge on the case as provided in these rules.
(C) Scheduling. After a Board Complaint is filed, the Conference Judge shall promptly schedule a date for the trial and pre-trial conference, and shall notify the Board and the Judicial Officer.
Official Note: This rule is derived from former interim Rule 16.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
Rule 302. Contents of Board Complaint.
(A) For each charge against the Judicial Officer, the Board Complaint shall:
(1) state in plain and specific language the nature of the charge;
(2) specify the allegations of fact upon which the charge is based.
(B) The Board Complaint shall give notice to the Judicial Officer of the time period within which the Judicial Officer must file an omnibus motion pursuant to Rule 411.
(C) The Board Complaint shall be signed and verified by counsel for the Board.
Official Note: This rule is derived from former interim Rule 17.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
Rule 303. Board Complaints; Amendment and Consolidation.
(A) Amendments. Upon motion of the Board, the Conference Judge may, in his or her discretion, permit substantive amendments to a Board Complaint with the written consent of the Judicial Officer or after a hearing on the motion in open court.
(B) Consolidation.
(1) Upon motion of the Board or the Judicial Officer, the Conference Judge may, for purposes of the trial, consolidate some or all of the charges against a Judicial Officer contained in separate Board Complaints filed pursuant to Rule 301(A).
(2) The Conference Judge may, on his or her own motion, and after notice to the Judicial Officer and the Board, consolidate two or more Board Complaints against an individual Judicial Officer for purposes of imposing sanctions pursuant to Rule 504.
Official Note: This rule is derived from former interim Rule 18.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
CHAPTER 4. PRE-TRIAL PROCEEDINGS DISCOVERY Rule
401. Discovery Generally. 402. Depositions. 403. Resolution of Disputes. 404. Continuing Duty to Disclose. 405. Remedy. Rule 401. Discovery Generally.
(A) All discovery shall be completed within 60 days from the filing of the Board Complaint, unless extended by the Conference Judge for good cause shown.
(B) Any challenges or objections raised during discovery shall be resolved at the pre-trial conference.
(C) The Conference Judge shall, before the pre-trial conference, set a date for the exchange of the names and addresses of all witnesses whom the parties intend to call at the trial.
(D) Other Evidence. The Board and the Judicial Officer shall exchange:
(1) Non-privileged evidence relevant to the charges contained in the Board Complaint, documents to be presented at the trial and statements of witnesses who will be called to testify; and
(2) Other material, in the Conference Judge's discretion, upon cause shown.
(E) Disclosure by the Board. Upon filing of the Board Complaint, the Board shall provide the Judicial Officer with any exculpatory evidence relevant to the charges contained in the Board Compliant.
Official Note: This rule is derived from former interim Rule 19.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
Rule 402. Depositions.
Upon Motion of the Judicial Officer or the Board, after notice and hearing, the Conference Judge may order the deposition of any person, when due to exceptional circumstances, the interests of justice require that the person's testimony be preserved.
Official Note: This rule is derived from former interim Rule 19(B).
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.
Rule 403. Resolution of Disputes.
Disputes concerning discovery shall be determined by the Conference Judge. Decisions concerning discovery shall not constitute a final Order for purposes of appeal.
Official Note: This rule is derived from former interim Rule 19(C).
Adopted March 16, 1994, effective March 16, 1994.
Rule 404. Continuing Duty to Disclose.
The Board and the Judicial Officer have a continuing duty to supplement information required to be exchanged or disclosed under Rule 401 until the trial is concluded and the record is closed.
Official Note: This rule is derived from former interim Rule 19(D).
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
Rule 405. Remedy.
If at any time during the course of the proceedings it is brought to the attention of the Conference Judge that a party has failed to comply with Rules 401 through 404 relating to discovery, the Conference Judge may order compliance, grant a continuance, prohibit the party from introducing the evidence not disclosed, other than testimony of the Judicial Officer, or the Conference Judge may enter any other order as is just.
Official Note: This rule is derived from former interim Rule 19(G).
Adopted March 16, 1994, effective March 16, 1994. Amended November 1, 1994, effective January 1, 1995.
OMNIBUS MOTION FOR RELIEF; REPLY; ANSWER Rule
411. Omnibus Motion. 412. Reply. 413. Answer. 414. Disposition of Omnibus Motion. Rule 411. Omnibus Motion.
(A) All motions, challenges, and applications or requests for an order or relief on behalf of the Judicial Officer shall be consolidated in one written motion, except as otherwise provided in these rules, or as permitted by the Conference Judge. The omnibus motion shall be filed no later than 30 days from the filing of the Board Complaint, and shall be served on the Board.
(B) The motion shall state with particularity the grounds for the motion, the facts that support each ground, and the type of relief or order requested. The motion shall be divided into consecutively numbered paragraphs, each containing only one material allegation as far as practicable.
(C) If the motion sets forth facts that do not already appear of record, it shall be verified by the Judicial Officer subject to the penalties for unsworn falsification to authorities under the Crimes Code, 18 Pa.C.S. § 4904.
(D) The Judicial Officer may challenge the validity of the charges on any legal ground including:
(1) that the facts charged do not constitute misconduct;
(2) that the Board or the Court is without jurisdiction;
(3) that the Board violated the procedures governing it; or
(4) that the charges do not provide sufficient notice of the allegations to be defended against.
(E) The failure, in any motion, to request a type of relief or order, or to state a ground therefor, may constitute a waiver of such relief, order, or ground.
Official Note: This rule is derived from former interim Rule 20(A).
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.
Rule 412. Reply.
(A) Within 10 days of the filing of the omnibus motion, the Board shall file a 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.
(C) If the reply sets forth facts that do not already appear of record, it shall be verified by Counsel for the Board subject to the penalties for unsworn falsification to authorities under the Crimes Code, 18 Pa.C.S. § 4904.
(D) Failure to file a reply as required by this rule shall constitute an admission of the facts alleged in the omnibus motion.
Official Note: This rule is derived from former interim Rule 20(B).
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.
Rule 413. Answer.
Within 30 days after the filing of a Board Complaint, if no omnibus motion is filed, or within 20 days after the dismissal of all or part of the omnibus motion, the Judicial Officer may file an answer admitting or denying the allegations contained in the Board Complaint. Failure to file an answer shall be deemed a denial of all factual allegations contained in the Board Complaint. Unless otherwise ordered by the Court, no additional pleading will be accepted.
Official Note: This rule is derived from former interim Rule 20(C).
Adopted May 31, 1994, effective May 31, 1994.
Rule 414. Disposition of Omnibus Motion.
(A) The Conference Judge may schedule hearing or argument on the motion, as is appropriate, and shall rule upon the motion. The Conference Judge may defer any ruling, as necessary, to be decided by the Court before the time of the pre-trial conference.
(B) No ruling on the motion shall constitute a final order for the purpose of appeal.
(C) A decision which dismisses a charge or terminates the case shall be reviewed and voted upon by the full Court. A majority vote shall be required to sustain such a decision.
Official Note: This rule is derived from former interim Rule 21.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
PRE-TRIAL CONFERENCE Rule
421. Pre-Trial Conference. Rule 421. Pre-Trial Conference.
(A) At the Pre-Trial Conference the following administrative matters shall be considered:
(1) clarification of the issues;
(2) amendments to the pleadings;
(3) stipulations and agreements to admit documents or other physical evidence;
(4) limitations on the number of expert and character witnesses;
(5) any disputes concerning discovery not previously resolved; and
(6) any other matters which may aid in the prompt disposition of the matter.
(B) The Pre-Trial Conference shall be conducted by the Conference Judge, and shall be attended by counsel for the Board, counsel of record for the Judicial Officer, if any, and the Judicial Officer.
(C) Where the Judicial Officer is represented by counsel, the Judicial Officer may file with the Clerk a waiver of his or her presence at the Pre-Trial Conference. The waiver shall include a statement authorizing the Judicial Officer's counsel to act on the Judicial Officer's behalf as to all matters considered at the Pre-Trial Conference.
(D) At the conclusion of the Pre-Trial Conference, the Conference Judge shall on the record enter an order stating the agreements and objections made by the parties, and rulings made by the Conference Judge on any matter considered during the Pre-Trial Conference. The order shall control subsequent proceedings before the Court on the record, unless modified by the Court or a panel of the Court on the record. The parties shall have the right to note, on the record, objections to the Order of the Conference Judge.
Official Note: This rule is derived from former interim Rule 22.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
CHAPTER 5. TRIAL PROCEDURES Rule
501. Appointment of Panel. 502. Trial. 503. Post-Trial Proceedings. 504. Sanctions 505. Appellate Review. Rule 501. Appointment of Panel.
(A) The President Judge may appoint a Panel which shall be authorized to act on behalf of the Court. The Panel shall conduct the trial on the Board Complaint.
(B) The Panel shall consist of no fewer than three members of the Court, at least one of whom shall be a non-lawyer elector, and one of whom shall be the Conference Judge appointed pursuant to Rule 301(B).
Official Note: This rule is derived from former interim Rule 24.
Adopted March 16, 1994, effective March 16, 1994. Amended November 1, 1994, effective January 1, 1995.
Rule 502. Trial.
(A) The trial shall be held before the Court and shall be open to the public.
(B) Conduct of Trial.
(1) All testimony shall be under oath.
(2) The Board and the Judicial Officer shall be permitted to present evidence and examine and cross-examine witnesses. The Judicial Officer may, but shall not be required to, testify.
(3) At the conclusion of the trial, the Board and the Judicial Officer may, at the request of the Court, present oral argument and shall submit proposed findings of fact and conclusions of law.
(4) The trial shall be recorded verbatim. Requests and orders for transcripts shall be governed by Pa.R.J.A. 5000.5. Any party requesting notes of testimony shall bear the cost of transcription. If the notes of testimony are transcribed, it shall be the duty of the court reporter to file the original transcript with the Clerk.
(C) Any witness shall have the right to be represented by counsel, but the witness' counsel shall not participate in the trial except by permission of the Court.
Official Note: This rule is derived from former interim Rule 25.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995; amended May 23, 1995, effective May 23, 1995.
Rule 503. Post-Trial Proceedings.
(A) Findings of Fact and Conclusions of Law. Following the trial, the Court shall file its findings of fact and conclusions of law which shall be served on the Board and the Judicial Officer.
(B) Objections.
(1) The Board and the Judicial Officer may elect to file written objections which shall include the basis for the objections to the Court's findings and conclusions.
(2) Any objections shall be filed with the Court within 10 days of the entry of the findings and conclusions. A copy of the objections shall be served upon the opposing party. The President Judge may for cause shown extend the time for filing objections.
(3) The Court may permit the Judicial Officer and the Board to present oral argument on any objections filed.
(C) Disposition of Objections.
(1) Findings of fact and conclusions of law shall become final:
(a) When no objections have been filed within the applicable time period; or
(b) When objections have been timely filed and the Court, either with or without oral argument, has ruled on the objections.
(2) In any case where objections have been filed, the Court shall enter an order disposing of the objections by affirming, modifying or vacating the findings and conclusions of law.
Official Note: This rule is derived from former interim Rule 26.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.
Rule 504. Sanctions.
(A) After findings of fact and conclusions of law become final pursuant to Rule 503, the Court shall hold a hearing in open court on the issue of sanctions.
(B) Following the sanction hearing, the Court shall enter a decision in writing containing the final findings of fact and conclusions of law and the sanction imposed. This decision shall constitute a final order of discipline pursuant to Article V, § 18 of the Pennsylvania Constitution.
Official Note: This rule is derived from former interim Rule 27.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
Rule 505. Appellate Review.
Appellate review shall be governed pursuant to Rules promulgated by the Supreme Court.
Official Note: This rule is derived from former interim Rule 28.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.
ARTICLE III. OTHER PROCEEDINGS CHAPTER 6. MENTAL OR PHYSICAL DISABILITY Rule
601. Mental or Physical Disability. Rule 601. Mental or Physical Disability.
Whenever a Board Complaint alleges that a Judicial Officer is physically or mentally disabled, or whenever, after the filing of a Board Complaint, an issue is raised concerning a Judicial Officer's physical or mental disability, the Court may take one or more of the following actions:
(A) The Court may appoint a lawyer to represent the Judicial Officer if the Judicial Officer is without representation.
(B) Upon the Court's own motion or upon motion of the Board or counsel for the Judicial Officer, the Court may order a physical, psychiatric, or psychological examination of the Judicial Officer. The Court may appoint one or more professionals to examine the Judicial Officer and prepare a report. A copy of the Report shall be given to the Judicial Officer. The Judicial Officer's unexplained failure to submit to a physical, psychiatric, or psychological examination required by the Court may be considered as evidence of physical or mental disability.
(C) If, after hearing, the Court determines that the Judicial Officer's physical or mental disability renders him or her unable to defend against the Board Complaint, the Court may defer any further proceedings until the Court determines, after hearing, that the Judicial Officer is able to defend against the Board Complaint. The Court may also enter an order transferring the Judicial Officer to judicial inactive status.
(D) If the Board Complaint includes a certified copy of another court's order declaring the Judicial Officer incompetent, or involuntarily committing a Judicial Officer, the Court shall enter an order immediately transferring the Judicial Officer to judicial inactive status. The Court shall serve a copy of the transfer order upon the Judicial Officer, any guardian, and the director of any institution to which the Judicial Officer may be committed.
(E) The Judicial Officer transferred to inactive status pursuant to this rule must file a petition with the Court requesting permission to resume active status.
Official Note: This rule is derived from former interim Rule 29.
Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.
CHAPTER 7. OTHER RELIEF Rule
701. Other Relief Generally. 702. Contents of Petition. 703. Answer. 704. Verification. 705. Preliminary Motions. 706. Hearing or Argument. Rule 701. Other Relief Generally.
Whenever the Board or a Judicial Officer seeks relief on grounds other than 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.
Official Note: This rule is derived from former interim Rule 30.
Adopted May 31, 1994, effective May 31, 1994. Amended November 1, 1994, effective January 1, 1995.
Rule 702. Contents of Petition.
A Petition for Relief filed with the Court shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. A copy of the petition shall be served on the opposing party concurrently with the filing of the petition. A petition may be made in the alternative and pray for such alternative relief as may be appropriate. A request for more than one type of relief may be combined in the same petition. The petition shall state whether an evidentiary hearing or oral argument before the Court is requested.
Official Note: This rule is derived from former interim Rule 30(A).
Adopted May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.
Rule 703. Answer.
Any party may file an answer to the petition within 14 days after service of the petition unless the Court shortens or lengthens the time for answering such petition.
Official Note: This rule is derived from former interim Rule 30(B).
Adopted May 31, 1994, effective May 31, 1994.
Rule 704. Verification.
A petition or answer which sets forth facts which do not already appear of record shall be verified by some person having knowledge of the facts.
Official Note: This rule is derived from former interim Rule 30(C).
Adopted May 31, 1994, effective May 31, 1994.
Rule 705. Preliminary Motions.
(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.
Adopted November 1, 1994, effective January 1, 1995.
Rule 706. Hearing or Argument.
The Court may schedule argument or an evidentiary hearing on the petition.
Official Note: This rule is derived from former interim Rule 30(D).
Adopted May 31, 1994, effective May 31, 1995.
CHAPTER 8. EMERGENCY RELIEF Rule
801. Emergency Relief. Rule 801. Emergency Relief.
(A) The Court may issue an interim order granting suspension prior to notice or a hearing. In determining whether to issue an interim order granting suspension and whether notice or hearing should be required, the Court may act on the basis of averments of the pleadings and such other evidence as the Court may require.
(B) An interim order granting suspension issued without notice or hearing shall expire unless a hearing on the continuance of the order is held within 10 days after the granting of the order or within such other time as the parties may agree or as the Court upon cause shown shall direct.
(C) After a hearing, the Court may dissolve, continue or modify the interim order of suspension.
(D) Any party may move at any time to dissolve or modify an order granted under this Rule.
Official Note: This rule is derived from former interim Rule 31.
Adopted May 31, 1994, effective May 31, 1994.
[Pa.B. Doc. No. 96-579. Filed for public inspection April 12, 1996, 9:00 a.m.]
