1476 Proposed amendment to rule 112 of the rules of conduct, office standards and civil procedure for magisterial district judges
Title 246--MINOR COURT CIVIL RULES PART I. GENERAL [246 PA. CODE CH. 100] Proposed Amendment to Rule 112 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges [35 Pa.B. 4306] The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rule 112 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges to further provide for availability and temporary assignments of magisterial district judges. The Committee has not yet submitted this proposal for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee's considerations in formulating this proposal. The Committee's Report should not be confused with the Committee's Official Notes to the rules. The Supreme Court does not adopt the Committee's Official Notes or the contents of the explanatory reports.
The text of the proposed changes precedes the Report. Additions are shown in bold; deletions are in bold and brackets.
We request that interested persons submit written suggestions, comments, or objections concerning this proposal to the Committee through counsel,
Michael F. Krimmel, Counsel
Minor Court Rules Committee
Supreme Court of Pennsylvania
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055
Fax 717-795-2175
or e-mail to: minorrules@pacourts.usno later than Friday, September 2, 2005.
By the Minor Court Rules Committee
THOMAS E. MARTIN, Jr.,
ChairAnnex A TITLE 246. MINOR COURT CIVIL RULES PART I. GENERAL CHAPTER 100. RULES AND STANDARDS WITH RESPECT TO OFFICES OF MAGISTERIAL DISTRICT JUDGES Rule 112. Availability and Temporary Assignments of Magisterial District Judges.
A. [The president judge of the court of common pleas of a judicial district, or in his or her absence the available judge of that court longest in continuous service, may assign temporarily the magisterial district judge of any magisterial district to any other magisterial district or the Pittsburgh Magistrates Court or the Traffic Court of Philadelphia whenever such an assignment is required for the efficient administration of justice.] The president judge of each judicial district shall be responsible for ensuring the availability during regular business hours within the judicial district of at least one magisterial district judge to handle the following matters in civil and possessory actions:
(1) The issuance of orders of execution pursuant to Pa.R.C.P.M.D.J. No. 403.
(2) The issuance of stays of execution pursuant to Pa.R.C.P.M.D.J. Nos. 410 and 413.
(3) The issuance of orders for possession pursuant to Pa.R.C.P.M.D.J. No. 516.
(4) Such other business as may require the immediate attention of a magisterial district judge.
B. (1) The president judge or his or her designee may assign temporarily the magisterial district judge of any magisterial district to serve another magisterial district whenever such assignment is needed:
(a) To satisfy the requirements of subdivision A.
(b) To ensure fair and impartial proceedings.
(c) To otherwise provide for the efficient administration of justice.
(2) Whenever a temporary assignment is made pursuant to this rule, notice of such assignment shall be conspicuously posted in the offices of all magisterial district judges affected by the temporary assignment.
(3) A party may file a motion requesting a temporary assignment pursuant to subparagraph B(1) on the ground that the assignment is needed to ensure fair and impartial proceedings. The motion shall set forth the factual basis for the request. Reasonable notice and opportunity to respond shall be provided to the parties.
C. A magisterial district judge temporarily assigned [under subdivision A of] pursuant to this rule shall have the jurisdiction and authority of the office the duties of which he or she is temporarily performing and may continue to exercise jurisdiction and authority [to] in his or her own magisterial district.
Official Note: This rule was amended in 2005 to further provide for availability and temporary assignment of magisterial district judges in civil and possessory actions similar to that provided for in criminal matters. See Pa.Rs.Crim.P. 1321 and 133. Nothing in this rule is intended to affect or conflict with the temporary assignment or coverage requirements for criminal matters as specified in the Rules of Criminal Procedure. Unlike the criminal coverage rules, subdivision A of this rule is intended to provide for availability only during regular business hours. None of the matters contemplated under subdivision A as needing immediate attention would require after-hours coverage. In addition, this rule is not intended to affect the availability requirements for emergency relief under the Protection From Abuse Act. See Pa.R.C.P.M.D.J. Nos. 1201--1211.
Examples of the matters referred to in subdivision A include the issuance of orders of execution pursuant to Pa.R.C.P.M.D.J. No. 403, stays of execution pursuant to Pa. R.C.P.M.D.J. Nos. 410 and 413, and orders for possession pursuant to Pa.R.C.P.M.D.J. No. 516, so that such matters are handled in a timely manner even in the absence of the magisterial district judge to whom the case would ordinarily be assigned. It is expected that the president judge will continue the established procedures in the judicial district or establish new procedures to ensure sufficient availability of magisterial district judges consistent with subdivision A.
Under subdivision B, one or more magisterial district judges may be temporarily assigned to serve one or more magisterial districts.
Subparagraphs B(1)(b) and (3) make explicit the authority of the president judge to assign magisterial district judges when necessary to ensure fair and impartial proceedings, and to provide a procedure for a party to request such an assignment. Temporary assignment in this situation is intended to cover what might otherwise be referred to as ''change of venue'' at the magisterial district court level.
The motion procedure in subparagraph B(3) is intended to apply when a party requests temporary assignment to ensure fair and impartial proceedings. The president judge may, of course, order a response and schedule a hearing with regard to such a motion. This provision is not intended, however, to require a formal hearing. Nothing in this rule is intended to preclude the magisterial district judge from disqualifying himself or herself from a matter at the request of a party or sua sponte. See Rule 8 of the Rules Governing Standards of Conduct of Magisterial District Judges, Pa. Code tit. 207, ch. 51. The motion procedure is not intended to apply in any of the many other situations in which the president judges make temporary assignments of magisterial district judges. In all these other situations the president judge may make temporary assignments sua sponte.
See Pa. Const. art. V, § 10(a). This rule does not provide for temporary assignments of senior magis- terial district judges by president judges. See also [Pa.Rs.Crim.P. 132 and 133] Rule 17 of the Standards of Conduct of Magisterial District Judges, Pa Code tit. 207, ch. 51. Nothing in this rule is intended to conflict with Rule 17.
REPORT Proposed Amendment to Rule 112 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges Availability and Temporary Assignment of Magisterial District Judges in Civil and Possessory Actions I. Background
The Minor Court Rules Committee (the Committee) undertook a review of Rule 112 (Temporary Assignments of Magisterial District Judges) at the direction of the Supreme Court of Pennsylvania and in response to a recommendation of the Special Courts Administration Subcommittee of the Supreme Court's Intergovernmental Task Force to Study the District Justice System (the Task Force Subcommittee).2 In its report to the Supreme Court, the Task Force Subcommittee recommended that the rules of civil procedure for magisterial district courts provide for the ''continuous availability, during regular business hours, of at least one [magisterial] district [judge] in the judicial district to handle routine civil matters, such as the issuance of orders of execution or orders for possession, so that such matters are handled in a timely manner even in the absence of the proper issuing authority.''3 In response to this recommendation, the Supreme Court referred the matter to the Committee for its consideration, and the Committee proposes that Rule 112 be amended as explained below.
II. Discussion and Proposed Rule Changes
In its report to the Supreme Court, the Task Force Subcommittee noted that ''while the continuous availability of at least one [magisterial] district [judge] in each judicial district is required by Pa.R.Crim.P. 132,4 no similar rule exist requiring availability of a [magisterial] district [judge] to handle routine civil matters in the absence of the [judge] who would normally be required to handle the matters. The [Task Force] Subcommittee was informed that parties in civil and landlord/tenant actions, particularly judgment holders, are often frustrated by delays in the issuance of judgments, orders of execution, or orders for possession when the proper issuing authority is unavailable because of vacation, illness, attendance at mandatory continuing education classes, etc.''5 The Committee generally agreed with the recommendation of the Task Force Subcommittee, noting that the rights of parties can be adversely affected when a magisterial district judge is not available to sign and issue time sensitive documents in civil and possessory matters.6
A. Availability
A new subdivision A would address the availability issue raised in the Task Force Report. Subdivision A would require that the president judge of each judicial district ensure the availability during regular business hours of at least one magisterial district judge to handle routine matters in civil and possessory matters that may require the immediate attention of a judge. The subdivision would list three specific matters that may require immediate attention: the issuance of orders of execution pursuant to Pa.R.C.P.M.D.J. No. 403, stays of execution pursuant to Pa.R.C.P.M.D.J. Nos. 410 and 413, and orders for possession pursuant to Pa. R.C.P.M.D.J. No. 516. A fourth ''catch all'' category--such other business as may require the immediate attention of a magisterial district judge--would also be included.
The proposed expanded Official Note to the rule would provide extensive explanation of new Subdivision A. The Note would compare these availability provisions with the coverage provisions in the Rules of Criminal Procedure, stressing that the civil availability provisions in Rule 112 are intended to apply only during regular business hours. The Note would also make clear that the civil availability provisions are not intended to affect the criminal coverage requirements or the coverage requirements for the issuance of emergency relief under the Protection From Abuse Act.7 In addition, recognizing that many judicial districts may already have in place sufficient systems to provide the coverage required by this subdivision, the Note would provide that the president judge may continue the established procedures in the judicial district or establish new procedures as needed.
B. Temporary Assignment
A new subdivision B would provide for and expand upon the provisions of existing subdivision A. Proposed new subdivision B(1) would provide that the president judge or his or her designee may temporarily assign a magisterial district judge to satisfy the requirements of new subdivision A, to ensure fair and impartial proceedings, or to otherwise provide for the efficient administration of justice. The references in the existing rule to temporary assignments to the Pittsburgh Magistrates Court and the Traffic Court of Philadelphia would be deleted.8 New subdivision B(2) would require that notice of temporary assignments of magisterial district judges be posted in the offices of all judges affected by the temporary assignment.
Proposed new subdivision B(3) would establish a more formal procedure for a party to request the temporary reassignment of a magisterial district judge to ensure fair and impartial proceedings. Under this provision a party may file a motion with the president judge that sets forth the factual basis for the reassignment request, and the parties would be provided with reasonable notice and opportunity to respond.
The proposed expanded Official Note to the rule would also provide extensive explanation of Subdivision B. Among other things, the Note would make clear that the president judge may order a response and schedule a hearing with regard to a motion filed pursuant to subdivision B(3), but would also make clear that this provision is not intended to require a formal hearing. In addition, the Note would make clear that a magisterial district judge may of course disqualify himself or herself from a matter at the request of a party or sua sponte, as is often the case in these matters.
C. Technical or ''Housekeeping'' Amendments
In addition to the substantive amendments discussed above, existing subdivision B would become subdivision C. Also, a cross reference to Rule 17 of the Standards of Conduct of Magisterial District Judges would be included in the Official Note, along with a statement clarifying that nothing in Rule 112 is intended to conflict with Rule 17. Rule 17 sets forth the president judges' general supervisory authority of the magisterial district courts in the judicial district. Finally, in order to properly describe the expanded content of the rule, the title of the rule would be changed to ''Availability and Temporary Assignments of Magisterial District Judges.''
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1 The after-hours coverage provisions of Pa.R.Crim.P. 132 will be removed and such matters will be governed by new Pa.R.Crim.P. 117 effective August 1, 2006. See 35 Pa.B. 3901 (July 16, 2005).
2 The Intergovernmental Task Force to Study the District Justice System was convened on May 30, 2001 ''to examine the current state of the district justice court system'' and to ''propose clear standards for the decennial magisterial district reestablishment, identify immediate and long-term system problems and needs, and formulate solutions to ensure the prudent and effective administration of the district justice courts.'' Report of the Intergovernmental Task Force to Study the District Justice System vii (October 2001) (available online at http://www.courts.state.pa.us/) (hereinafter Task Force Report).
3 Id. at 49.
4 See supra, note 1.
5 Task Force Report at 49-50.
6 The Committee notes that there are many legitimate reasons why a magisterial district judge may be unavailable to sign and issue time sensitive documents. The Task Force Report lists three reasons--''vacation, illness, attendance at mandatory continuing education classes.'' Others may include official court-related meetings and absences due to after-hours coverage duty.
7 See supra, note 1 and Pa. R.C.P.M.D.J. Nos. 1201-1211.
8 The former Pittsburgh Magistrates Court has been transitioned into the Magisterial District Judge system, and the president judge of the Fifth Judicial District (Allegheny County) has authority to assign magisterial district judges to hear cases that would formerly be heard in the Pittsburgh Magistrates Court and the Pittsburgh Housing Court. Supreme Court of Pennsylvania Order No. 212, Magisterial Docket No. 1 (November 29, 2004) (34 Pa.B. 6507) and Supreme Court of Pennsylvania Order No. 215, Magisterial Docket No. 1 (February 25, 2005) (35 Pa.B. 1662). Temporary assignments of magisterial district judges to the Traffic Court of Philadelphia are accomplished by order of the Supreme Court of Pennsylvania and coordinated by the Administrative Office of Pennsylvania Courts. Accordingly, Rule 112 need not specifically refer to either court.
[Pa.B. Doc. No. 05-1476. Filed for public inspection August 5, 2005, 9:00 a.m.]
