Section 702. Divisional assignments of judges

1. Each judge appointed or elected to fill a vacancy in a court of common pleas having more than two divisions shall be initially assigned by the president judge of the court to be a member of a division of the court. Unless previously approved by the Supreme Court, such assignment shall be temporary only until such approval has been received.

2. The president judge of a court of common pleas which consists of more than two divisions may make temporary assignments of judges from one division to another division of the court when required in order to expedite the business of the court. He shall not make any permanent re-assignment of a judge from one division to another division without the approval of the Supreme Court.

3. For the purpose of transacting the business of a division for which a vote may be required, only those judges who have been permanently assigned to a division shall have the right to vote. A judge who is temporarily assigned to a division other than the division to which he is permanently assigned shall be entitled to vote only in the latter division.

4. Where approval of the Supreme Court is required under this rule, it shall be requested by a petition by the president judge of the court of common pleas. Such request may be made prior to or subsequent to the making of an initial assignment or a re-assignment. If made after assignment or re-assignment, the petition shall be filed with the prothonotary within ten (10) days from the date thereof. Such petition shall state the reasons the assignment or re-assignment is deemed necessary and proper in the interest of the effective administration of the business of the court. The Supreme Court on its own motion may make divisional assignments of judges as it deems appropriate.

5. In courts of common pleas where the only division is an orphans’ court division, the judge or judges not assigned to that division shall for purposes of this rule be considered as constituting a separate division.

The provisions of this Rule 702 adopted November 10, 1970, effective November 10, 1970; renumbered from Supreme Court Rule 82 by Order dated March 15, 1972; amended May 9, 1990, effective immediately, 20 Pa.B. 2893; amended November 6, 1998, effective immediately, 28 Pa.B. 5849. Immediately preceding text appears at serial pages (52102) to (243876) and (225783).