reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter A - PRELIMINARY PROVISIONS › Rule 105 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  Rule.
Except for publication of redacted opinions as prescribed in
				  these rules, or as otherwise required by law, the actions and records of the
				  Board, including all requests for ethics advisory opinions, Panel advice, Board
				  opinions, circulated drafts, records, documents, files, internal
				  communications, deliberations and other proceedings of the Board, any Panel
				  thereof, and any members, agents and employees relating to the business of the
				  Board, shall be confidential and shall not be disclosed to or open to
				  inspection by the public.
(b)
Limited Waiver.
Notwithstanding the general rule, a judicial
				  officer may waive confidentiality as to the advice of the Panel and the
				  unredacted opinion of the Board, either by express written waiver or by
				  invoking any rule of reliance in a disciplinary proceeding relating to the
				  conduct in question. Such limited waiver shall not affect the confidentiality
				  of all other matters protected under subsection (a) of this rule.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter A - PRELIMINARY PROVISIONS › Rule 106 - Civil Immunity of the Board, Its Members, Employees and Agents Regarding Advice by the Board

Current through Register Vol. 54, No. 28, July 13, 2024
The Board and its members, employees, and agents are immune
					 from all civil liability for conduct and communications occurring in the
					 performance of Board-related duties.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter B - REQUESTS FOR JUDICIAL ADVISORIES; ACTIONS BY THE BOARD; RULES OF RELIANCE › Rule 201 - Standards and Timing for Requests

Current through Register Vol. 54, No. 28, July 13, 2024
Any judicial officer may request an ethics advisory opinion
					 ("Request"). A Request must be submitted to the Board in writing, which may
					 include an email to an address designated by the Board. A Request must contain
					 a statement of the facts regarding the intended conduct and a concise question
					 of judicial ethics, with references to the relevant section(s) of the Codes,
					 case law and other authority the inquiring judicial officer has already
					 consulted. A Request must relate to the inquiring judicial officer's own
					 prospective conduct or conduct of the inquiring judicial officer that has
					 occurred in the past and is ongoing. A Request may not relate to hypothetical
					 situations or to facts that are the subject of past or pending litigation,
					 disciplinary investigation or disciplinary proceedings.
A Request must be submitted at least 14 days prior to the
					 event or action giving rise to the question. The Board Chair or the Chair's
					 designee may, in his or her discretion, waive the 14-day requirement if the
					 Chair or the Chair's designee determines that the circumstances giving rise to
					 the Request were not reasonably foreseeable and that the inquiry can be
					 addressed in the time available.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter B - REQUESTS FOR JUDICIAL ADVISORIES; ACTIONS BY THE BOARD; RULES OF RELIANCE › Rule 202 - Assignment to Panel; Composition of Panel

Current through Register Vol. 54, No. 28, July 13, 2024
Every Request shall be assigned an identifying number. The Chair or
													 the Chair's designee will assign the Request to a three-member panel of the Board ("Panel"). At least one
													 member of the Panel shall be a judicial officer from the same level of the judicial system as the inquiring
													 judicial officer. If the inquiring judicial officer is from the Philadelphia Municipal Court, at least one
													 member of the Panel shall be either a judge of the Municipal Court or a judge of any court of common pleas.
													 If the inquiring judicial officer is a Justice of the Supreme Court, at least one member of the Panel shall
													 be a judge of the Superior Court or Commonwealth Court.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter B - REQUESTS FOR JUDICIAL ADVISORIES; ACTIONS BY THE BOARD; RULES OF RELIANCE › Rule 203 - Provisional Advice

Current through Register Vol. 54, No. 28, July 13, 2024
The Panel shall issue its advisory opinion ("Advice") in
					 writing, which shall set forth the facts upon which the Advice is based. The
					 Panel's Advice is provisional until acted upon by the Board. The inquiring
					 judicial officer shall be promptly notified of the Panel's decision.
If the Panel finds that the Request contains insufficient
					 detail to enable the Panel to render Advice, the Panel may request supplemental
					 information from the inquiring judicial officer. If supplemental information is
					 not provided, or is insufficient, the Panel shall decline on that basis to
					 render Advice, and the inquiring judicial officer shall be so notified.
If the Panel determines that responding to the Request
					 would not aid the judge, benefit the judiciary as a whole, or serve the public
					 interest, the Panel may decline to render Advice, and the inquiring judicial
					 officer shall be notified of the basis for the Panel's determination.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter B - REQUESTS FOR JUDICIAL ADVISORIES; ACTIONS BY THE BOARD; RULES OF RELIANCE › Rule 204 - Board Action and Publication of Opinions and Guidance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Review
				  of Panel Advice.
The Board shall review all Panel Advice as soon as
				  practicable. The Board may adopt the Panel's Advice as the opinion of the Board
				  ("Opinion"), or may determine that the Advice should be modified or reversed by
				  the Board. The inquiring judicial officer shall be promptly notified of the
				  Board's decision.
(b)
Publication of Board Opinions.
Opinions of the Board shall be
				  published on an area of the Board's web page available only to judicial
				  officers, and shall be redacted to remove information that might tend to
				  identify the inquiring judicial officer or any other person. The redacted
				  Opinions shall be posted in searchable form, and shall be indexed by the
				  relevant provisions of the applicable Code. The Board may exempt an Opinion
				  from publication if the Board finds that the identity of the requester cannot
				  be protected to the Board's satisfaction through redaction.
(c)
General Ethics Guidance.
The Board may, in its discretion, issue general ethics advisory guidance
				  ("General Guidance") on relevant topics. Such General Guidance may be published
				  on a public area of the Board's web page.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter B - REQUESTS FOR JUDICIAL ADVISORIES; ACTIONS BY THE BOARD; RULES OF RELIANCE › Rule 205 - Informational Discussions

Current through Register Vol. 54, No. 28, July 13, 2024
Board members and Board staff may engage in informal or
					 informational discussions in response to inquiries from judicial
					 officers.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter B - REQUESTS FOR JUDICIAL ADVISORIES; ACTIONS BY THE BOARD; RULES OF RELIANCE › Rule 206 - Rules of Reliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where a judicial officer complies with Advice that is subsequently
											  adopted as a Board Opinion, such compliance shall be entitled to substantial weight in determining whether
											  discipline should be recommended or imposed.
(b) Where a judicial
											  officer complies with Advice that is subsequently reversed or modified by the Board, compliance prior to the
											  time the judicial officer is notified of the Board's action shall be entitled to substantial weight in
											  determining whether discipline should be recommended or imposed.
(c) Where a judicial officer complies with General Guidance, such
											  compliance may be taken into account in determining whether discipline should be recommended or
											  imposed.
(d) Informal or informational discussions with Board
											  members or Board staff shall not be afforded consideration in determining whether discipline should be
											  recommended or imposed.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter B - REQUESTS FOR JUDICIAL ADVISORIES; ACTIONS BY THE BOARD; RULES OF RELIANCE › Rule 207 - Reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
The inquiring judicial officer may submit a written request
					 for reconsideration within twenty days of the date of the Board's Opinion
					 adopting, modifying or reversing the provisional Advice. A request for
					 reconsideration shall not alter the effect of the Board's decision unless the
					 Opinion is withdrawn or modified by the Board.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter B - REQUESTS FOR JUDICIAL ADVISORIES; ACTIONS BY THE BOARD; RULES OF RELIANCE › Rule 208 - Records of Board Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to the requirement of confidentiality set forth in
					 these rules, the Board shall retain records of all Requests, Advice, and
					 unredacted Opinions for an appropriate period of time, no less than ten years,
					 to be determined by the Board in regulations.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter C - MISCELLANEOUS PROVISIONS › Rule 301 - Conflict of Interest

Current through Register Vol. 54, No. 28, July 13, 2024
No Board member shall participate in any matter involving
					 the Board member's own inquiry, or in any matter in which the Board member's
					 impartiality might reasonably be questioned.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter C - MISCELLANEOUS PROVISIONS › Rule 302 - Expenses and Staff

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Board
				  members shall not be compensated, but shall be entitled to reimbursement for
				  actual expenses incurred in the performance of Board duties.
(b) Administrative costs and personnel
				  expenses deemed necessary for the Board's operation shall be fixed by the Court
				  Administrator of Pennsylvania and paid out of funds available
				  therefor.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 1.0 - Preamble

Current through Register Vol. 54, No. 28, July 13, 2024
1.1.
Purpose.
The Judicial Ethics Advisory Board is the designated and approved body to
											  render advice, opinions, and guidance regarding appropriate ethical conduct involving all judicial officers
											  and candidates for all judicial offices who are subject to the Code of Judicial Conduct and/or the Rules
											  Governing Standards of Conduct of Magisterial District Judges (collectively, the
											  "Codes").1
1.2.
Mission
										Statement.
To ensure the continued integrity and public trust of Pennsylvania's
											  judiciary, the Judicial Ethics Advisory Board shall, upon request, provide Advice and/or Opinions to any
											  Judicial Officer or judicial candidate based on the Codes.
1 The Judicial Ethics Advisory Board
											  supersedes the prior designations of committees of the Pennsylvania Conference of State Trial Judges and the
											  Special Court Judges Association of Pennsylvania to render such advice or opinions.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 2.0 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
All terms used in these Regulations shall have their ordinary meanings
											  unless noted otherwise or as defined by the Pennsylvania Rules of the Judicial Ethics Advisory Board or these
											  Regulations.
"
Advice/Panel Advice
" or "
Advisory
											  Opinion
"-A Panel's written advisory opinion issued in response to a written Request received from a
											  Judicial Officer.
"
Attendance
" or "
Attending
"-Board
											  Members present at a Board meeting either in person or by electronic or other means permitting interaction
											  between the Members.
"
Board
"-The Judicial Ethics Advisory Board.
"
Codes
"-Collectively, the Code of Judicial Conduct and
											  the Rules Governing Standards of Conduct of Magisterial District Judges.
"
Essential Member
"-The Member of a Panel who is of the
											  same judicial level as the inquiring Judicial Officer.
"
General Ethics Guidance
"-A written opinion by the Board
											  that the Board may, in its discretion, issue to address general ethics advisory guidance on any relevant
											  topic under the Codes. General Ethics Guidance is not in response to a specific written request from a
											  Judicial Officer.
"
Issuance
" or "
Issued
"-The act of
											  communicating the written decision of a Panel or the Board to a Judicial Officer as provided for under these
											  Regulations.
"
Judicial Officer
"-Any individual within the Application
											  of the Codes, including judicial candidates.
"
Member
"-An individual appointed to the Board.
"
Opinion
"-A decision by the Board, as provided for under
											  these Regulations, to either adopt, modify, or overrule the Advice of a Panel interpreting an inquiring
											  Judicial Officer's duties and obligations under the Codes, in response to a specific, factual scenario
											  submitted for that purpose.
"
Panel
"-Three Members of the Board whom staff appoints
											  to render Advice in response to a Request from a Judicial Officer.
"
Request
"-A written submission by a Judicial Officer to
											  the Board seeking an Advisory Opinion under Section 8.0 of these Regulations.
"
Regulations
"-These Judicial Ethics Advisory Board
											  Regulations as adopted by the Board and approved by the Supreme Court.
"Rule" or "Rules"-Unless otherwise indicated, rule citations herein refer
											  to t he Pennsylvania Rules of the Judicial Ethics Advisory Board (Pa.R.J.E.A.B.).
"
Served or Service
"-The transmission of an Advice or
											  Opinion of the Board whether by mail, email, fax, or some other authorized manner of secure delivery as
											  provided for under these Regulations.
"
Staff
"-The Executive Director of the Board and any
											  other full-time and part-time personnel appointed by the Board under Rule 104(d)(2).
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 3.0 - Board Membership

Current through Register Vol. 54, No. 28, July 13, 2024
3.1.
Officers.
In accordance with Rule 104(a), the Supreme Court shall designate one
											  Member to serve as Chair and another to serve as Vice-Chair.
3.2. The Chair shall:
3.2.1. With the
										assistance of the Executive Director, set the meeting agenda and determine the order in which Board business
										is addressed.
3.2.2. Preside over the Board at all Board
										meetings.
3.2.3. Exercise any other prerogatives or duties
										specifically delegated by the Board or referenced in these Regulations.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 4.0 - Board Meetings

Current through Register Vol. 54, No. 28, July 13, 2024
4.1.
Board Calendar.
For reporting purposes, the Board shall operate on a calendar year
											  beginning January 1st and ending December 31st.
4.2.
Meeting Dates.
The Board shall meet at least quarterly. At or prior to the last meeting
											  of the Board for the calendar year, the Chair shall establish fixed meeting dates for the next Board
											  Calendar. The Board may convene meetings at such other times as the Chair or a majority of the Members
											  determine. Staff shall provide all Members due and timely notice of all Board meetings.
4.3.
Member Participation.
Board Decisions are enhanced by the participation of all Members;
											  therefore, Members are encouraged to attend each meeting in person and to participate in all Board
											  discussions and decisions.
4.4.
Quorum.
4.4.1. A majority of the Members of the Board shall constitute a
										quorum.
4.4.2. When less than a quorum of Members is in
										Attendance, it shall be the duty of the Chair or Vice-Chair to adjourn the meeting.
4.4.3. In the absence of the Chair and Vice-Chair, it shall be the duty of
										the Executive Director to adjourn the meeting when less than a quorum is in Attendance.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 5.0 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
Communications to and from the Board are confidential except as described
											  here. Establishing the confidentiality of Board proceedings and communications to and from the Board is
											  critical to encourage Judicial Officers to seek ethics opinions and advice from the Board. Encouraging
											  Judicial Officers to seek ethics opinions and advice from the Board will promote ethical conduct and the fair
											  administration of justice. The need for preserving confidentiality outweighs the need for disclosure in the
											  interest of justice. Therefore, to implement Rule 105 (Confidentiality), and to promote ethical conduct by
											  Judicial Officers and to encourage them to seek ethics opinions and advice from the Board, the following
											  confidentiality requirements and exceptions apply to Requests and other matters before the Board:
5.1.
Confidentiality.
With the exception of Opinions and General Ethics Guidance published by
											  the Board under Rules 204(b) (Publication of Board Opinions) and (c) (General Ethics Guidance), all Opinions,
											  inquiries, replies, circulated drafts, records, documents, writings, files, communications with Staff, work
											  product of the Board or Staff, and deliberations and proceedings of the Board are
											  confidential.
5.2.
Members and Staff.
Members of the Board and Staff may not disclose (outside the Board or
											  Staff) any confidential information, including identifying information, obtained by the Board or
											  Staff.
5.3.
Waiver of Confidentiality by Judicial
										Officer.
A Judicial Officer may waive confidentiality, and such a waiver must be
											  in writing. If a Judicial Officer making a request for an Opinion or Advice waives confidentiality or asserts
											  reliance on an Opinion or Advice in judicial or attorney discipline proceedings, such Opinion or Advice no
											  longer is confidential under these Rule. Notwithstanding any such waiver, Board deliberations and all other
											  records concerning the Request shall remain confidential.
5.4.
Conclusion of Service by Members of the Board.
Board Members shall return to Staff or destroy any records in their
											  possession at the end of their terms of service.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 6.0 - Board Contact Information

Current through Register Vol. 54, No. 28, July 13, 2024
Any Judicial Officer may request an Advisory Opinion by submitting a
											  Request to the Board in writing. Requests may be submitted via United States Mail, special courier, fax, or
											  email.
6.1.
Mailing Address.
The designated mailing address for any communications addressed to the
											  Board, including Requests for Advisory Opinions, shall be:
Judicial Ethics Advisory Board
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 6100
PO Box 62333
Harrisburg, PA 17106-2333
6.2.
Email Address.
The designated email address for any communications sent to the Board,
											  including Requests for Advisory Opinions, shall be:
JEAB@pacourts.us
6.3.
Fax Number.
The designated fax number for any communications sent to the Board,
											  including Requests for Advisory Opinions, shall be:
717-231-9594
6.4.
Electronic Mail.
Any Board action required to be communicated in writing may be sent by
											  electronic mail, provided such electronic mail includes the following language:
Confidentiality Statement: This electronic mail transmission (including
											  attachments) is covered by the Electronics Communications Privacy Act,  18 U.S.C. §§
											2510- 2521, is
											  confidential, and/or may be legally privileged. The information is intended only for the use of the
											  individual or entity named in this transmission. If you are not the intended recipient, you are hereby
											  notified that any retention, dissemination, distribution, or copying, or the taking of any action in reliance
											  on the contents of this transmission, is strictly prohibited. Please reply to the sender that you have
											  received the message in error, and then delete it.
6.5.
Public Media.
All requests for commentary or interview by the news media regarding the
											  Board or Board business should be referred to either the Executive Director or to the Supreme Court's Press
											  and Communications Office at 717-231-3324.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 9.0 - Service of Decisions

Current through Register Vol. 54, No. 28, July 13, 2024
When an inquiring Judicial Officer authorizes Service of Decisions
											  through electronic means, Service shall be through email address confirmed by the inquiring Judicial Officer.
											  Any electronic service of a decision through email shall be by pdf attachment.
If the inquiring Judicial Officer does not authorize electronic service,
											  Service of Decisions shall be by First Class Mail. Service occurs upon deposit of the item with the U.S. Mail
											  (First Class).
Staff shall serve an Opinion that reverses or modifies an Advice by
											  Certified Mail, Return Receipt requested, in addition to any electronic Service.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 10.0 - Docketing/Numbering

Current through Register Vol. 54, No. 28, July 13, 2024
10.1.
Request
										Number.
Regardless of format (paper correspondence, email, fax,
etc.
), Staff will assign every written Request a sequential Request Number as required by
											  Rule 202 (Assignment to Panel; Composition of Panel). The Request Number will be formatted as the letter "R"
											  followed by a sequential number and the two-digit calendar year (Rx-YY).
10.2.
Advice Number.
Once Staff determines that a Request will be assigned to a Panel, Staff
											  will assign the file an Advice Number. The Advice Number will be formatted as the last two digits of the
											  calendar year followed by a sequential number beginning with 101 (YY-1xx).
10.3.
Opinion Number.
Staff shall assign every Opinion of the Board an Opinion Number. The
											  Opinion Number will be formatted as a sequential number followed by JEAB and the four-digit calendar year
											  (x-JEAB-YYYY).
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 11.0 - General Ethics Guidance

Current through Register Vol. 54, No. 28, July 13, 2024
The Board, at its discretion, may issue general ethics advisory guidance
											  (General Guidance) on topics of interest and concern to persons subject to the Codes. A subsequent Opinion of
											  the Board regarding the same subject matter of General Guidance shall be deemed to supersede the prior
											  General Guidance.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 12.0 - Exigent Circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
Under Rule 201 (Standards and Timing for Requests), a Judicial Officer
											  may submit a Request to the Board in writing at least 14 days prior to the event or action giving rise to the
											  question. The Chairperson may waive this requirement for good cause shown if exigent circumstances exist and
											  a Panel can responsibly and meaningfully address the Request in the time available. In those instances, the
											  following procedures shall apply:
12.1.
Exigent
										Intake.
An inquiring Judicial Officer may initiate a Request by contacting Staff
											  by telephone at 717-705-1785, by email to JEAB@pacourts.us, or by the most expedient means available to the
											  Judicial Officer. The Request should include all information required under these Regulations. If the
											  Judicial Officer relays the information orally, the Judicial Officer shall immediately commit the Request to
											  writing directed to Staff. The inquiring Judicial Officer's failure to reduce the Request to writing shall
											  preclude the Board from issuing an Advice.
12.2.
Exigent Panel Assignment.
Upon receiving an exigent Request, Staff shall docket the Request, assign
											  the Request a number as provided for under Section 10.0 of these Regulations, and forward the Request to a
											  Panel for an Advisory Opinion.
12.3.
Exigent
										Advice.
Unless the Panel declines to issue an Advisory Opinion because it cannot
											  responsibly and meaningfully provide an Advice (which decision shall be immediately communicated to the
											  Judicial Officer), the Panel shall expeditiously proceed to render an Advice that shall be communicated by
											  Staff to the Judicial Officer. Where the Panel Advice is initially communicated orally, the Panel shall
											  promptly commit the Advice to writing, and Staff shall promptly Serve the written Advice on the Judicial
											  Officer.
12.4.
Exigent Board
										Consideration.
Once the Panel issues a written Advice, the Board shall then consider the
											  Advice as provided for under Sections 8.10 through 8.13 of these Regulations.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 13.0 - Waiver

Current through Register Vol. 54, No. 28, July 13, 2024
The Chair may, in its discretion, waive any administrative provision of
											  these Regulations when, in the Chair's judgment, the proper interests of the Board and/or the interests of an
											  inquiring Judicial Officer require such action by the Chair. Waiver of any confidentiality provision
											  pertaining to a Judicial Officer shall not be allowed unless agreed to by the Judicial Officer.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 14.0 - Amendments

Current through Register Vol. 54, No. 28, July 13, 2024
These Regulations may be amended by a majority of the Board after giving
											  at least 30 days advance written notice of proposed changes to each Member.
14.1.
Court Approval.
Under Rule 104(d)(3), Regulations are subject to approval by the Supreme
											  Court. Any amendment shall take effect immediately upon approval by the Supreme Court or as otherwise ordered
											  by the Supreme Court.
14.2.
Pending
										Amendments.
Until the Court approves a proposed amendment, the Regulations as last
											  adopted and approved shall remain in effect.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 101 - Title and Citation of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall be known as the Pennsylvania Rules of
						Appellate Procedure and may be cited as "Pa. R.A.P."
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 103 - Scope of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
These rules govern practice and procedure in the Supreme
						Court, the Superior Court and the Commonwealth Court, including procedure in
						appeals to such courts from lower courts and the procedure for direct review in
						such courts of determinations of government units.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 104 - Rules of Court

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-Each appellate court may from time to time make
					 and amend rules of court governing its practice:
(1) On any subject within the scope of
					 Chapter 23 (sessions and arguments) notwithstanding any inconsistent provision
					 of such chapter.
(2) On any subject
					 covered by these rules where these rules expressly authorize the adoption of a
					 rule of court inconsistent with a provision of these rules applicable to
					 appellate courts generally.
(3) On
					 any other subject, if such rule of court is not inconsistent with these rules.
					 All rules of court and changes therein adopted pursuant to this rule shall be
					 promulgated as amendments to Chapters 33, 35 or 37, as appropriate. In all
					 cases not provided for by rule, the appellate courts may regulate their
					 practice in any manner not inconsistent with these rules.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 105 - Application of Rules and Enlargement of Time

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Application. These rules shall be liberally applied to secure the just, speedy, and
					 inexpensive determination of every matter to which they are applicable. In the
					 interest of expediting decision, or for other good cause shown, an appellate court
					 may, except as otherwise provided in subdivision (b), disregard the requirements or
					 provisions of any of these rules in a particular case on application of a party or
					 on its own motion and may order proceedings in accordance with its
					 direction.
(b) Enlargement of Time. An
					 appellate court for good cause shown may upon application enlarge the time
					 prescribed by these rules or by its order for doing any act, or may permit an act to
					 be done after the expiration of such time, but the court may not enlarge the time
					 for filing a notice of appeal, a petition for allowance of appeal, a petition for
					 permission to appeal, a petition for review, or a petition for specialized
					 review.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 106 - Original Jurisdiction Matters

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise prescribed by these rules the practice
						and procedure in matters brought before an appellate court within its original
						jurisdiction shall be in accordance with the appropriate general rules
						applicable to practice and procedure in the courts of common pleas, so far as
						they may be applied.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 107 - Construction of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
In the construction of the Pennsylvania Rules of Appellate
						Procedure, the principles set forth in Pa.R.J.A. 104 to 115 shall be
						observed.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 108 - Date of Entry of Orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.
(1) Except as
					 otherwise prescribed in this rule, in computing any period of time under these
					 rules involving the date of entry of an order by a court or other government
					 unit, the day of entry shall be the day the clerk of the court or the office of
					 the government unit mails or delivers copies of the order to the parties, or if
					 such delivery is not otherwise required by law, the day the clerk or office of
					 the government unit makes such copies public. The day of entry of an order may
					 be the day of its adoption by the court or other government unit, or any
					 subsequent day, as required by the actual circumstances.
(2) When pursuant to law a determination of a
					 government unit other than a court is deemed to have been made by reason of the
					 expiration of a specified period of time after submission of a matter to the
					 government unit or after another prior event, any person affected may treat the
					 expiration of such period as equivalent to the entry of an order for the
					 purposes of appeal (in which event the notice of appeal or other document
					 seeking review shall set forth briefly facts showing the applicability of this
					 paragraph) and shall so treat the expiration of the period where the person has
					 actual knowledge (other than knowledge of the mere lapse of time) that the
					 implied determination has occurred.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 120 - Entry of Appearance

Current through Register Vol. 54, No. 28, July 13, 2024
Any counsel filing papers required or permitted to be
						filed in an appellate court must enter an appearance with the prothonotary of
						the appellate court unless that counsel has been previously noted on the docket
						as counsel pursuant to Pa.R.A.P. 907(b), 1112(f), 1311(d), 1514(d), or 1602(d).
						New counsel appearing for a party after docketing pursuant to Pa.R.A.P. 907(b),
						1112(f), 1311(d), 1514(d), or 1602(d) shall file an entry of appearance
						simultaneously with or prior to the filing of any papers signed by new counsel.
						The entry of appearance shall specifically designate each party the attorney
						represents, and whether the attorney is entering an appearance as substitute or
						additional counsel. The attorney shall file a certificate of service pursuant
						to paragraph (d) of Pa.R.A.P. 121 and to Pa.R.A.P. 122. If an attorney enters
						an appearance as substitute counsel for a party, the original counsel of record
						for that party may withdraw by
praecipe
, without filing an
						application for permission to withdraw.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 121 - Filing and Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Filing
.-Papers required or permitted to be filed in an
					 appellate court shall be filed with the prothonotary. Filing may be
					 accomplished by mail addressed to the prothonotary, but except as otherwise
					 provided by these rules, filing shall not be timely unless the papers are
					 received by the prothonotary within the time fixed for filing. If an
					 application under these rules requests relief which may be granted by a single
					 judge, a judge in extraordinary circumstances may permit the application and
					 any related papers to be filed with that judge. In that event the judge shall
					 note thereon the date of filing and shall thereafter transmit such papers to
					 the clerk.
(b)
Service of
					 all papers required
.-Copies of all papers filed by any party and not
					 required by these rules to be served by the prothonotary shall, concurrently
					 with their filing, be served by a party or person acting on behalf of that
					 party or person on all other parties to the matter. Service on a party
					 represented by counsel shall be made on counsel.
(c)
Manner of
					 service
.-Service may be:
(1) by
					 personal service, which includes delivery of the copy to a clerk or other
					 responsible person at the office of the person served, but does not include
					 inter-office mail;
(2) by first
					 class, express, or priority United States Postal Service mail, which service is
					 complete upon mailing;
(3) by
					 commercial carrier with delivery intended to be at least as expeditious as
					 first class mail if the carrier can verify the date of delivery to it;
					 or
(4) by facsimile or e-mail with
					 the agreement of the party being served as stated in the certificate of
					 service.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 122 - Content and Form of Proof of Service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Content
.-A proof of service shall contain a statement of the
					 date and manner of service and of the names of the persons served.
(b)
Form
.-Each name and
					 address shall be separately set forth in the form of a mailing address,
					 including applicable zip code, regardless of the actual method of service
					 employed. The proof of service shall also show the telephone number, the party
					 represented, and, where applicable, an e-mail or facsimile address. The name,
					 address and telephone number of the serving party shall be similarly set forth,
					 followed by the attorney's registration number. A proof of service may be in
					 substantially the following form:
I hereby certify that I am this day serving the foregoing
						document upon the persons and in the manner indicated below, which service
						satisfies the requirements of Pa.
R.A.P. 121:
Service by first class mail addressed as follows:
Name Telephone number
Mailing address
(Party represented)
Acceptance of service endorsed by the following:
Name, Telephone number
Mailing address
(Party represented)
Service in person as follows:
Name, Telephone number
Street Address
Mailing address (if different)
(Party represented)
Service by commercial carrier as follows:
Name of commercial carrier
Addressee's name, Telephone number
Street address
Mailing Address (if different)
(Party represented)
Service by e-mail at following:
E-mail address, with agreement of:
Name, Telephone number
Mailing address
(Party represented)
Service by facsimile at following:
Fax number with the agreement of:
Name, Telephone number
Mailing address
(Party represented)
Date:
(S) ____________________
Name, Telephone number
(Attorney Registration No. 00000)
Mailing address
(Party represented)
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 124 - Form of Documents. Number of Copies to be Filed

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Size and other physical
					 characteristics
.-All documents filed in an appellate court shall be on
					 8 1/2 inch by 11 inch pages and shall comply with the following requirements:
(1) The documents shall be prepared on white
					 background.
(2) The first page
					 shall contain a three-inch space from the top of the document for all court
					 stampings, filing notices, etc.
(3)
					 Text must be double spaced, but quotations more than two lines long may be
					 indented and single spaced. Footnotes may be single spaced. Except as provided
					 in paragraph (a)(2), margins must be at least one inch on all four
					 sides.
(4) Lettering shall be clear
					 and legible and no smaller than 14 point in the text and 12 point in footnotes.
					 Lettering shall be on only one side of a page, except that exhibits and similar
					 supporting documents, briefs and reproduced records may be lettered on both
					 sides of a page.
(5) Any metal
					 fasteners or staples must be covered. Originals must be unbound. Copies must be
					 firmly bound.
(6) No backers shall
					 be necessary.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 125 - Electronic Filing

Current through Register Vol. 54, No. 28, July 13, 2024
Electronic filing of documents in the appellate courts
						shall be through the PACFile appellate court electronic filing system.
						Electronic filing of documents shall be governed by Administrative Orders of
						the Supreme Court of Pennsylvania, which may be found at
http://ujsportal.pacourts.us/refdocuments/judicialorder.pdf
.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 126 - Citations of Authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
					 citing authority, a party should direct the court's attention to the specific
					 part of the authority on which the party relies. A party citing authority that
					 is not readily available shall attach the authority as an appendix to its
					 filing. If a party cites a decision as authorized in paragraph (b), (c), or
					 (d), the party shall indicate the value or basis for such citation in a
					 parenthetical following the citation.
(b)
Non-Precedential
					 Decisions
.
(1) As used in this rule,
					 "non-precedential decision" refers to an unpublished non-precedential
					 memorandum decision of the Superior Court filed after May 1, 2019 or an
					 unreported memorandum opinion of the Commonwealth Court filed after January 15,
					 2008.
(2) Non-precedential
					 decisions as defined in (b)(1) may be cited for their persuasive
					 value.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 127 - Confidential Information and Confidential Documents. Certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless public
					 access is otherwise constrained by applicable authority, any attorney or any
					 unrepresented party who files a document pursuant to these rules shall comply
					 with the requirements of Sections 7.0 and 8.0 of the
Case Records
					 Public Access Policy of the Unified Judicial System of Pennsylvania
("Public Access Policy"). In accordance with the Policy, the filing shall
					 include a certification of compliance with the Policy and, as necessary, a
					 Confidential Information Form or a Confidential Document Form.
(b) Unless an appellate court orders
					 otherwise, case records or documents that are sealed by a court, government
					 unit, or other tribunal shall remain sealed on appeal.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 3 - ORDERS FROM WHICH APPEALS MAY BE TAKEN › IN GENERAL › Rule 301 - Requisites for an Appealable Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Entry upon docket below
.
(1)
					 Except as provided in subparagraph (2) of this paragraph, no order of a court
					 shall be appealable until it has been entered upon the appropriate docket in
					 the trial court. Where under the applicable practice below an order is entered
					 in two or more dockets, the order has been entered for the purposes of appeal
					 when it has been entered in the first appropriate docket.
(2) In a criminal case in which no
					 post-sentence motion has been filed, a judgment of sentence is appealable upon
					 the imposition of sentence in open court.
Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article I - PRELIMINARY PROVISIONS › Chapter 3 - ORDERS FROM WHICH APPEALS MAY BE TAKEN › IN GENERAL › Rule 302 - Requisites for Reviewable Issue

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
.-Issues not raised in the trial court are waived
					 and cannot be raised for the first time on appeal.
(b)
Charge to jury
.-A
					 general exception to the charge to the jury will not preserve an issue for
					 appeal. Specific exception shall be taken to the language or omission
					 complained of.
Pa.R.A.P.
						2117(c) (statement of place of raising or preservation of issues) and Pa.R.A.P.
						2119(e) (statement of place of raising or preservation of issues) require that
						the brief, in both the statement of the case and in the argument, expressly
						refer to the place in the record where the issue presented for decision on
						appeal has been raised or preserved below. See Pa.R.A.P. 1551 (scope of review)
						as to requisites for reviewable issues on
						petition.