Section 1036. Philadelphia Municipal Court Traffic Division Hearing Officers

(A) As provided in this rule, Philadelphia Municipal Court Traffic Division hearing officers may be appointed to hear cases and issue adjudications in connection with prosecutions for summary offenses arising under Title 75 (relating to vehicles) and ordinances enacted pursuant to Title 75.

(1) Hearing officers are ‘‘issuing authorities’’ only for purposes of conducting summary trials, accepting pleas, conducting trials in absentia, setting collateral, and conducting post-trial proceedings, including but not limited to, establishing or re-establishing payment plans, monitoring compliance with payment plans, holding warrant hearings, and performing additional duties as may be identified by local rule.

(2) Hearing officers shall not conduct summary trials or hearings if there is a likelihood that imprisonment will be imposed at the conclusion of a summary traffic proceeding.

(B) The Philadelphia Municipal Court Traffic Division by local rule shall establish the qualifications and educational requirements for the position of Traffic Division hearing officer.

(C) The Code of Conduct for Employees of the Unified Judicial System shall be applicable to the Philadelphia Municipal Court Traffic Division hearing officers.

Comment

The position of ‘‘Philadelphia Municipal Court Traffic Division hearing officer’’ was established by legislation in 2013 as part of the transfer of jurisdiction and functions from the Philadelphia Traffic Court to the Philadelphia Municipal Court Traffic Division. See Act 17 of 2013, P. L. 55, No. 17 (June 19, 2013) and 42 Pa.C.S. § § 102, 325, 1121, 1127, 1302, 1321.

Official Note

New Rule 1036 adopted May 7, 2014, effective immediately.

Committee Explanatory Reports:

Final Report explaining new Rule 1036 concerning hearing officers of the Philadelphia Municipal Court Traffic Division published with the Court’s Order at 44 Pa.B. 3065 (May 24, 2014).

The provisions of this Rule 1036 adopted May 7, 2014, effective immediately, 44 Pa.B. 3056.