Section 7.112. Trial court vacancies

(a) Judicial Advisory Commissions. When a vacancy exists or occurs on a trial court (such as a court of common pleas or the Philadelphia Municipal Court) under circumstances in which the Governor is required or empowered to fill the vacancy by appointment, the General Counsel shall perform his duties with the assistance of the Judicial Advisory Commission for the respective judicial district.

(1) Purpose of the Commissions. The Commissions shall assist the General Counsel in identifying qualified attorneys residing within a particular judicial district for consideration by the Governor for appointments to the trial courts within the judicial district.

(2) Members. Each Commission, unless otherwise provided by the Governor, shall consist of seven members appointed as follows:

(i) The General Counsel or a designee shall serve as a member and chairperson of the Commission ex offico.

(ii) Four members, appointed by the Governor, shall be members of the bar of the Supreme Court of Pennsylvania residing or practicing principally in the judicial district.

(iii) Two members, appointed by the Governor, shall be residents of the judicial district who are not lawyers.

(iv) The Governor will designate a member of the Commission as vice-chairperson to perform the duties of chair in the absence of the chairperson.

(3) Terms of membership.

(i) Members shall be appointed for terms of 1 year and continue to serve thereafter until their successors have been appointed.

(ii) If a vacancy occurs on a Commission during a member’s term, the Governor will appoint a successor to serve the remainder of the unexpired term.

(4) Expenses. Members of the Commissions will not be compensated for their services, but will be entitled to reimbursement for expenses necessarily incurred in accordance with procedures established by the Office of General Counsel.

(5) Restrictions. No member of a Commission may be considered for appointment to the court.

(b) Duties of the General Counsel and the Commissions.

(1) With the assistance of the Commissions, the General Counsel shall seek applicants to be considered by the Governor for appointments to fill vacancies on the courts of the Commonwealth and shall initiate steps to fulfill the responsibility as follows:

(i) Accept and consider applications for recommendation for appointment to fill the vacancy.

(ii) Evaluate the qualifications of the applicants and determine which of the candidates are qualified to serve on the court.

(2) The Commissions shall keep confidential their proceedings, recommendations and reports.

(3) The General Counsel shall recommend to the Governor the names of the applicants who, in the General Counsel’s judgment, are qualified for appointments to fill vacancies on the trial courts of the Commonwealth. In making the recommendations to the Governor, the General Counsel will consider the recommendations of the Commissions.

(c) Standards. No applicant may be designated as qualified unless the applicant possesses the qualifications mandated by the Constitution and laws of the Commonwealth and possesses the personal qualifications of character, integrity, experience, competence and temperament necessary to qualify for the judiciary.

(d) Nominations. For each vacancy, the Governor will submit the name of a qualified person to the Senate of Pennsylvania pursuant to the Constitution of Pennsylvania.

The provisions of this § 7.112 adopted by Executive Order No. 1979-1, dated February 6, 1979, effective February 6, 1979, 9 Pa.B. 543; amended by Executive Order No. 1987-11, dated May 13, 1987, effective May 13, 1987, 17 Pa.B. 3103; amended by Executive Order No. 1995-1, dated February 27, 1995, 25 Pa.B. 1076. Immediately preceding text appears at serial page (160998).