1387 Amendment to the internal operating procedures of the Court of Judicial Discipline; doc. No. 1 JD 94

Title 207—JUDICIAL CONDUCT

PART IV. COURT OF JUDICIAL DISCIPLINE

[ 207 PA. CODE CH. 21 ]

Amendment to the Internal Operating Procedures of the Court of Judicial Discipline; Doc. No. 1 JD 94

[46 Pa.B. 4951]
[Saturday, August 13, 2016]

Order

 And Now, this 3rd day of August, 2016, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having adopted amendments to the Internal Operating Procedures, Sections 101 and 102, on March 29, 2016, as more specifically hereinafter set forth, it is hereby ordered:

 That said Internal Operating Procedures became effective March 29, 2016.

Per Curiam

JACK A. PANELLA, 
President Judge

Annex A

TITLE 207.  JUDICIAL CONDUCT

PART IV. COURT OF JUDICIAL DISCIPLINE

ARTICLE IV. INTERNAL OPERATING PROCEDURES

CHAPTER 21. INTERNAL OPERATING PROCEDURES

GENERAL PROVISIONS

§ 101. Classification of Judges.

 (A) Judges who are serving a term of office which has not expired shall be classified as Active Members or Judges. Those Judges whose terms have expired, but who must continue to participate in a hearing in accordance with Article V, § 18(b)(2), shall be classified as Participating Former Members or Judges.

 (B) The phrase ''any hearing in progress'' as used in Article V, § 18(b)(2) refers to a trial on the merits (not a pretrial matter) in which the Court has heard testimony from at least the first witness.

 (C) The requirement that a judge continue to participate in ''any hearing in progress'' as used in Article V, (b)(2) does not apply to any matter on remand from the Pennsylvania Supreme Court. In the event of a remand, the then Active Members or Judges shall preside over the matter.

§ 102. Composition of Court or Panel.

 (A) En banc or full Court proceedings shall be conducted by the entire Court. The President Judge shall preside unless he or she is unavailable to participate, in which case, the empaneled Judge most senior shall preside.

 (B) Panels appointed to conduct a trial pursuant to C.J.D.R.P. No. 501 shall be composed of no fewer than three Judges of the Court, one of whom shall be the Conference Judge[, and at least one of whom shall be a non-lawyer elector in accordance with C.J.D.R.P. No. 501(B)]. [The Judge who has seniority shall preside over three-member panel proceedings.]

[Pa.B. Doc. No. 16-1387. Filed for public inspection August 12, 2016, 9:00 a.m.]