Section 101.9. Formation of Special Tribunal

(a) Upon the filing of a notice of appeal requiring the formation of a Special Tribunal pursuant to PA. CONST. Art. V, § 18(c)(1) or (3), the Clerk of the Court of Judicial Discipline shall promptly notify the Court Administrator of Pennsylvania.

(b) Notice to the Court Administrator of Pennsylvania shall include the name of any judge of the Superior or Commonwealth Court who is:

(1) a member of the Judicial Conduct Board or the Court of Judicial Discipline; and/or

(2) a complainant, a party, or a witness in the underlying case on appeal.

(c) Upon receipt of notice from the Clerk of the Court of Judicial Discipline, the Court Administrator of Pennsylvania shall immediately set a date, time and location for the selection of the Special Tribunal, which selection shall take place no later than twenty (20) days after notice from the Court of Judicial Discipline. The selection proceeding shall be open to the public.

(d) The seven (7) members of the Special Tribunal shall be chosen by lot from a list of the judges of the Superior and Commonwealth Courts who are on regular and active duty. The list shall not include those judges specified in paragraphs b(1) and (2).

The provisions of this § 101.9 amended June 17, 1994, effective immediately, 24 Pa.B. 3358.