Section 3102. Quorum and Action

(a) Quorum. A majority of the Supreme Court and, except as otherwise prescribed in this rule, a panel of three judges of any other appellate court shall be a quorum of the court.

(b) Absence from panel. If less than three members of a panel attend a session of the panel, another judge or judges shall be designated to complete the panel if reasonably possible, and if it is not reasonably possible to do so the presiding judge with the consent of the parties present may direct that the matter be heard and determined by a panel of two judges. If the two judges who so heard the matter are unable to agree upon the disposition thereof, the president judge of the court may direct either that the matter be submitted on the briefs to a third judge, or that the matter be reargued before a full panel.

(c) Commonwealth Court evidentiary hearing and election matters. A single judge of the Commonwealth Court shall be a quorum of the Court for the purposes of hearing and determining:

(1) Any matter which under the applicable law may be determined in whole or in part upon the record made before the court.

(2) Any election matter.

(3) Any enforcement proceeding under Rule 3761 (relating to enforcement proceedings).

Official Note

Subdivisions (a) and (c) are based on 42 Pa.C.S. § 326(a) and (b) (quorum). 42 Pa.C.S. § 326(c) (inability to assemble quorum) provides that where by reason of vacancy, illness, disqualification or otherwise it is impossible to assemble a quorum of a court at the time and place appropriate therefor, sufficient judges shall be temporarily assigned to the court to permit the court to hold a duly convened session and transact the business of the court. It is well-established that the Supreme Court may provide by rule for the quorum of a court whose regular complement is fixed by the Constitution. See, e.g., Rule 7 of the Special Rules for the Courts of Common Pleas of the First Judicial District and Section 6 of Article V of the Constitution of 1874. Subdivision (d) is intended as a codification of existing practice and is based in part on former Commonwealth Court Rule 42.

The provisions of this Rule 3102 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended January 28, 2002, effective January 28, 2002, 32 Pa.B. 876; amended January 28, 2002, effective January 28, 2002, 34 Pa.B. 2688; amended September 10, 2008, effective December 1, 2008, 38 Pa.B. 5257. Immediately preceding text appears at serial page (304074).