reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.5 - Use of Nonpublic Information

Current through Register Vol. 54, No. 28, July 13, 2024
Nonpublic information acquired by magisterial district
						judges in their judicial capacity shall not be used or disclosed by them in
						financial dealings or for any other purpose not related to their judicial
						duties.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.6 - Affiliation with Discriminatory Organizations

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A magisterial district judge shall not
					 hold membership in any organization that practices invidious discrimination on
					 the basis of race, sex, gender identity or expression, religion, national
					 origin, ethnicity, disability or sexual orientation.
(B) A magisterial district judge shall not
					 use the benefits or facilities of an organization if the magisterial district
					 judge knows or should know that the organization practices invidious
					 discrimination on one or more of the bases identified in paragraph (A). A
					 magisterial district judge's attendance at an event in a facility of an
					 organization that the magisterial district judge is not permitted to join is
					 not a violation of this Rule when the magisterial district judge's attendance
					 is an isolated event that could not reasonably be perceived as an endorsement
					 of the organization's practices.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.7 - Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
Avocational activities
. magisterial district Judges may write,
					 lecture, teach, and speak on non-legal subjects and engage in the arts, sports,
					 and other social and recreational activities, if such avocational activities do
					 not detract from the dignity of their office or interfere with the performance
					 of their judicial duties.
(B)
Civic and Charitable Activities
. magisterial district Judges
					 may participate in civic and charitable activities that do not reflect
					 adversely upon their impartiality or interfere with the performance of their
					 judicial duties. magisterial district Judges may serve as an officer, director,
					 trustee, or nonlegal advisor of an educational, religious, charitable,
					 fraternal, or civic organization not conducted for the economic or political
					 advantage of its members, subject to the following limitations:
(1) A magisterial district judge shall not
					 serve if it is likely that the organization will be engaged in proceedings that
					 would ordinarily come before the magisterial district judge or will be
					 regularly engaged in adversary proceedings in any court.
(2) A magisterial district judge shall not
					 personally solicit funds for any educational, religious, charitable, fraternal,
					 or civic organization, or use or permit the use of the prestige of the judicial
					 office for that purpose, but may be listed as an officer, director, or trustee
					 of such an organization. A magisterial district judge shall not be a speaker or
					 the guest of honor at an organization's fundraising events that are not for the
					 advancement of the legal system, but may attend such events.
(3) A magisterial district judge shall not
					 give investment advice to such an organization.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.8 - Fiduciary Activities

Current through Register Vol. 54, No. 28, July 13, 2024
A magisterial district judge shall not serve as the
						executor, administrator, trustee, guardian, attorney in fact, or other personal
						representative or other fiduciary, except for the estate, trust, or person of a
						member of the magisterial district judge's family, and then only if such
						service will not interfere with the proper performance of judicial duties. As
						family fiduciaries magisterial district judges are subject to the following
						restrictions:
(A) They shall not serve
					 if it is likely that as fiduciaries they will be engaged in proceedings that
					 would ordinarily come before them, or if the estate, trust, or ward becomes
					 involved in adversary proceedings in the court on which they serve or one under
					 its appellate jurisdiction.
(B)
					 While acting as fiduciaries magisterial district judges are subject to the same
					 restrictions on financial activities that apply to them in their personal
					 capacity.
(C) If a person who is
					 serving in a fiduciary position becomes a magisterial district judge, he or she
					 must comply with this Rule as soon as reasonably practicable, but in no event
					 later than one year after becoming a magisterial district judge.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.9 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.10 - Incompatible Practices and Limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Magisterial district judges shall not
					 engage, directly or indirectly, in any activity or act incompatible with the
					 expeditious, proper, and impartial discharge of their duties, including, but
					 not limited to, any of the following:
(1) any
					 activity prohibited by law;
(2) any
					 activity related to the collection of a claim or judgment for money;
					 or
(3) in the acceptance of any
					 premium or fee for any judicial bond.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.11 - Financial Activities

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
					 magisterial districtjudge may hold and manage investments of the magisterial
					 district judge and members of the magisterial district judge's
					 family.
(B) A magisterial district
					 judge shall not serve as an officer, director, manager, general partner,
					 advisor, or employee of any business entity except that a magisterial district
					 judge may manage or participate in:
(1) a
					 business closely held by the magisterial district judge or members of the
					 magisterial district judge's family; or
(2) a business entity primarily engaged in
					 investment of the financial resources of the magisterial district judge or
					 members of the magisterial district judge's family.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.12 - Compensation for Extrajudicial Activities

Current through Register Vol. 54, No. 28, July 13, 2024
A magisterial district judge may accept reasonable
						compensation for extrajudicial activities permitted by this Code or other law
						unless such acceptance would appear to a reasonable person to undermine the
						magisterial district judge's independence, integrity, or impartiality.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.13 - Acceptance of Gifts, Loans, Bequests, Benefits, or Other Things of Value

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A magisterial
					 district judge shall not accept any gifts, loans, bequests, benefits, or other
					 things of value, if acceptance is prohibited by law or would appear to a
					 reasonable person to undermine the magisterial district judge's independence,
					 integrity, or impartiality.
(B)
					 Unless otherwise prohibited by law, or by paragraph (A), a magisterial district
					 judge may accept the following without publicly reporting such acceptance:
(1) items with little intrinsic value, such
					 as plaques, certificates, trophies, and greeting cards;
(2) gifts, loans, bequests, benefits, or
					 other things of value from friends, relatives, or other persons, including
					 lawyers, whose appearance or interest in a proceeding pending or impending
					 before the magisterial district judge would in any event require
					 disqualification of the magisterial district judge under Rule 2.11;
(3) ordinary social hospitality;
(4) commercial or financial opportunities and
					 benefits, including special pricing and discounts, and loans from lending
					 institutions in their regular course of business, if the same opportunities and
					 benefits or loans are made available on the same terms to similarly situated
					 persons who are not magisterial district judges;
(5) rewards and prizes given to competitors
					 or participants in random drawings, contests, or other events that are open to
					 persons who are not magisterial district judges;
(6) scholarships, fellowships, and similar
					 benefits or awards, if they are available to similarly situated persons who are
					 not magisterial district judges, based upon the same terms and
					 criteria;
(7) books, magazines,
					 journals, audiovisual materials, and other resource materials supplied by
					 publishers on a complimentary basis for official use; or
(8) gifts, awards, or benefits associated
					 with the business, profession, or other separate activity of a spouse, a
					 domestic partner, or other family member of a magisterial district judge
					 residing in the magisterial district judge's household, but that incidentally
					 benefit the magisterial district judge.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.14 - Reimbursement of Expenses and Waivers of Fees or Charges

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Unless otherwise prohibited by Rules
					 3.1 and
					 3.13(A) or other
					 law, a magisterial district judge may accept reimbursement of necessary and
					 reasonable expenses for travel, food, lodging, or other incidental expenses, or
					 a waiver or partial waiver of fees or charges for registration, tuition, and
					 similar items, from sources other than the magisterial district judge's
					 employing entity, if the expenses or charges are associated with the
					 magisterial district judge's participation in extrajudicial activities
					 permitted by this Code.
(B)
					 Reimbursement of expenses for necessary travel, food, lodging, or other
					 incidental expenses shall be limited to the actual costs reasonably incurred by
					 the magisterial district judge and, when appropriate to the occasion, by the
					 magisterial district judge's spouse, domestic partner, or guest.
(C) A magisterial district judge who accepts
					 reimbursement of expenses, waivers, partial waivers of fees or charges on
					 behalf of the magisterial district judge or the magisterial district judge's
					 spouse, domestic partner, or guest shall publicly report such acceptance as
					 required by Rule
					 3.15.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.15 - Reporting Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
					 magisterial district judge shall publicly report the amount or value of:
(1) compensation received for extrajudicial
					 activities as permitted by Rule 3.12;
(2) gifts and other things of value as
					 permitted by Rule
					 3.13(C), unless
					 the value of such items, alone or in the aggregate with other items received
					 from the same source in the same calendar year, does not exceed $250;
					 and
(3) reimbursement of expenses
					 and waiver of fees or charges permitted by Rule
					 3.14(A), unless
					 the amount of reimbursement or waiver, alone or in the aggregate with other
					 reimbursements or waivers received from the same source in the same calendar
					 year, does not exceed $650.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 4 - A magisterial district judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary › Rule 4.1 - Political and Campaign Activities of Judges and Judicial Candidates in General

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
					 Except as permitted by Rules
					 4.2,
					 4.3, and
					 4.4, a magisterial district judge
					 or a judicial candidate shall not:
(1) act as
					 a leader in, or hold an office in, a political organization;
(2) make speeches on behalf of a political
					 organization or a candidate for any public office;
(3) publicly endorse or publicly oppose a
					 candidate for any public office;
(4) solicit funds for, pay an assessment to,
					 or make a contribution to a political organization or a candidate for public
					 office;
(5) attend or purchase
					 tickets for dinners or other events sponsored by a political organization or a
					 candidate for public office;
(6)
					 use or permit the use of campaign contributions for the private benefit of the
					 magisterial district judge or others;
(7) personally solicit or accept campaign
					 contributions other than through a campaign committee authorized by Rule
					 4.4;
(8) use court staff,
					 facilities, or other court resources in a campaign for judicial
					 office;
(9) knowingly or with
					 reckless disregard for the truth make any false or misleading
					 statement;
(10) make any statement
					 that would reasonably be expected to affect the outcome or impair the fairness
					 of a matter pending in any court;
(11) engage in any political activity on
					 behalf of a political organization or candidate for public office except on
					 behalf of measures to improve the law, the legal system, or the administration
					 of justice; or
(12) in connection
					 with cases, controversies or issues that are likely to come before the court,
					 make pledges, promises, or commitments that are inconsistent with the impartial
					 performance of the adjudicative duties of judicial office.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 4 - A magisterial district judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary › Rule 4.2 - Political and Campaign Activities of Judicial Candidates in Public Elections

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A judicial
					 candidate in a public election shall:
(1) act
					 at all times in a manner consistent with the independence, integrity, and
					 impartiality of the judiciary;
(2)
					 comply with all applicable election, election campaign, and election campaign
					 fundraising laws and regulations of this jurisdiction;
(3) review and approve the content of all
					 campaign statements and materials produced by the candidate or his or her
					 campaign committee, as authorized by 4.4, before their dissemination;
					 and
(4) take reasonable measures to
					 ensure that other persons do not undertake on behalf of the candidate
					 activities, other than those described in 4.4, that the candidate is prohibited
					 from doing by this Rule.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 4 - A magisterial district judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary › Rule 4.3 - Activities of Candidates for Appointive Judicial Office

Current through Register Vol. 54, No. 28, July 13, 2024
A candidate for appointment to judicial office
						may:
(A) communicate with the
					 appointing or confirming authority, including any selection, screening, or
					 nominating commission or similar agency; and
(B) seek endorsements for the appointment
					 from any person or organization.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 4 - A magisterial district judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary › Rule 4.4 - Campaign Committees

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
					 judicial candidate subject to public election may establish a campaign
					 committee to manage and conduct a campaign for the candidate, including
					 seeking, accepting, and using endorsements from any person or organization,
					 subject to the provisions of this Code. The candidate shall take reasonable
					 steps to cause his or her campaign committee to comply with applicable
					 provisions of this Code and other applicable law.
(B) A judicial candidate subject to public
					 election shall take reasonable steps to cause the magisterial district judge's
					 campaign committee:
(1) to solicit and accept
					 only such campaign contributions as are permitted by law or Rule;
(2) not to solicit or accept contributions
					 earlier than immediately after the General Election in the year prior to the
					 calendar year in which a person may become a candidate for such office, and all
					 fundraising activities in connection with such judicial campaign shall
					 terminate no later than the last calendar day of the year in which the judicial
					 election is held; and
(3) to comply
					 with all applicable statutory requirements for disclosure and divestiture of
					 campaign contributions, and to file with the Secretary of the Commonwealth a
					 report stating the name, address, occupation, and employer of each person who
					 has made campaign contributions to the committee in an aggregate value
					 exceeding $250 and the name and address of each person who has made campaign
					 contributions to the committee in an aggregate value exceeding $50. The report
					 must be filed not later than thirty days following an election, or within such
					 other period as is provided by law.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 4 - A magisterial district judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary › Rule 4.5 - Activities of Judges Who Become Candidates for Nonjudicial Office

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Upon becoming a candidate for a
					 nonjudicial elective office, a magisterial district judge shall resign from
					 judicial office, unless permitted by law to continue to hold judicial
					 office.
(B) Upon becoming a
					 candidate for a nonjudicial appointive office, a magisterial district judge is
					 not required to resign from judicial office, provided that the magisterial
					 district judge complies with the other provisions of these Conduct
					 Rules.
(C) Notwithstanding Rule
					 4.5(A) and (B) a
					 magisterial district judge may continue to hold a judicial office while being a
					 candidate for election to serve or while serving as a delegate to a state
					 constitutional convention if the magisterial district judge is otherwise
					 permitted by law to do so.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › Rule 23 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Rule 23, as adopted by the Supreme Court, was incorrectly
						codified in the Pennsylvania Code as 246 Pa. Code Rule
						114.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › Application

Current through Register Vol. 54, No. 28, July 13, 2024
(1) The provisions
				  of these Conduct Rules shall apply to all magisterial district judges as
				  defined in paragraph (2)
infra
.
(2) A magisterial district judge within the
				  meaning of these Conduct Rules is a magisterial district judge, whether or not
				  a lawyer; a magisterial district judge of the Philadelphia Municipal Court,
				  Traffic Division; and all senior judges as set forth in (3)
infra
.1
(3) All senior magisterial district judges,
				  active or eligible for recall to judicial service, shall comply with the
				  provisions of these Conduct Rules; provided however, a senior magisterial judge
				  may accept extra-judicial appointments which are otherwise prohibited by Rule
				  3.4 (Appointments to Governmental
				  Positions and Other Organizations); and incident to such appointments a senior
				  magisterial district judge is not required to comply with Rule
				  3.2 (Appearances Before
				  Governmental Bodies and Consultation with Government Officials). However,
				  during the period of such extrajudicial appointment the senior magisterial
				  district judge shall refrain from judicial service.
(4) Canon 4 (governing political and campaign
				  activities) applies to all judicial candidates.
1 Though not covered by these
					 Conduct Rules, there is a Code of Conduct for Employees of the Unified Judicial
					 System ("Employee Code"). It applies to "employees" defined as, "Employees of
					 the Unified Judicial System" and includes 1) all state-level court employees,
					 and 2) all county-level court employees who are under the supervision and
					 authority of the President Judge of a Judicial District of Pennsylvania, unless
					 otherwise indicated by Supreme Court order or rule.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 61 - RULES GOVERNING THE CONDUCT OF MEMBERS OF THE COURT OF JUDICIAL DISCIPLINE › Rule 1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
Code of Judicial Conduct
-The Code adopted by
				  the Supreme Court of Pennsylvania to govern the conduct of officers of the
				  judicial system.
Court
-The Court of Judicial
				  Discipline.
Magisterial District Judge member
-that
				  member of the court appointed by the Supreme Court, who is a magisterial
				  district judge.
Judicial member
-a member of the court who is
				  also a judge of a court of common pleas, the Superior Court or the Commonwealth
				  Court.
Non-judicial member
-a member of the court
				  who is a non-judge member of the bar of the Supreme Court or a non-lawyer
				  elector.
Rules Governing Standards of Conduct of Magisterial
				  District Judges
-The Rules adopted by the Supreme Court of Pennsylvania
				  to govern the conduct of Magisterial District Judges.
Rules of Professional Conduct
-The Rules
				  adopted by the Supreme Court of Pennsylvania to govern the conduct of
				  attorneys.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 61 - RULES GOVERNING THE CONDUCT OF MEMBERS OF THE COURT OF JUDICIAL DISCIPLINE › Rule 2 - Scope of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
Judicial members of the Court are subject primarily to the
				  Canons of the Code of Judicial Conduct and are subject to these Rules only to
				  the extent that no conflict arises with the Code of Judicial Conduct. The
				  Magisterial District Judge member of the Court is subject primarily to the
				  Rules Governing Standards of Conduct of Magisterial District Judges and is
				  subject to these Rules only to the extent that no conflict arises with the
				  Rules Governing Standards of Conduct of Magisterial District Judges.
				  Non-judicial members of the Court are subject to these Rules.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 61 - RULES GOVERNING THE CONDUCT OF MEMBERS OF THE COURT OF JUDICIAL DISCIPLINE › Rule 3 - Integrity and Independence of the Judiciary; Construction

Current through Register Vol. 54, No. 28, July 13, 2024
An independent and honorable judiciary is indispensable to
				  justice in our society. As the Court of Judicial Discipline is charged with
				  maintaining the integrity and independence of the judiciary, a member should
				  participate in establishing, maintaining, and enforcing, and should personally
				  observe high standards of conduct. The provisions of these Rules should be
				  construed and applied to further that objective.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 61 - RULES GOVERNING THE CONDUCT OF MEMBERS OF THE COURT OF JUDICIAL DISCIPLINE › Rule 4 - Avoidance of Impropriety and the Appearance of Impropriety

Current through Register Vol. 54, No. 28, July 13, 2024
A. A member should
				respect and comply with the law and should conduct the member's personal and
				professional business at all times in a manner that promotes public confidence
				in the integrity and impartiality of the judiciary.
B. A member should not allow the member's
				family, social, or other relationships to influence the member's judicial
				conduct or judgment. A member should not lend the prestige of the member's
				office to advance the private interests of others; nor convey or knowingly
				permit others to convey the impression that they are in a special position to
				influence the member. A member should not testify voluntarily as a character
				witness.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 61 - RULES GOVERNING THE CONDUCT OF MEMBERS OF THE COURT OF JUDICIAL DISCIPLINE › Rule 5 - Impartial and Diligent Performance of Duties

Current through Register Vol. 54, No. 28, July 13, 2024
The judicial duties of members should take precedence over
				  all other activities, so far as is practicable. A member's judicial duties
				  include all the duties of office prescribed by law. In the performance of these
				  duties, the following standards apply:
A.
Adjudicative
				Responsibilities
.
(1) A member should
				be faithful to the law and should be unswayed by partisan interests, public
				clamor, or fear of criticism.
(2) A
				member should maintain order and decorum in proceedings before the
				member.
(3) A member should be
				patient, dignified, and courteous to litigants, witnesses, lawyers, and others
				with whom the member deals in his or her official capacity, and should require
				similar conduct of lawyers, court staff and officials, and others subject to
				the member's direction and control.
(4) A member should accord to every person
				who is legally interested in a proceeding, or to the person's lawyer, full
				right to be heard according to law, and, except as authorized by law, must not
				consider ex parte communications concerning a pending proceeding. Members of
				the Court and Court staff shall not initiate nor, to the extent possible,
				engage in ex parte communications concerning a case pending before the
				Court.
(5) A member should dispose
				promptly of the business of the Court.
(6) Members and Court staff should abstain
				from public comment about a pending proceeding in the Court or a matter which
				may come before the Court. This subsection does not prohibit members or Court
				staff specifically authorized by the Court from making public statements in the
				course of their official duties or from explaining for public information the
				procedures of the Court.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 61 - RULES GOVERNING THE CONDUCT OF MEMBERS OF THE COURT OF JUDICIAL DISCIPLINE › Rule 6 - Extra-Judicial Activities of Members

Current through Register Vol. 54, No. 28, July 13, 2024
A. Judicial members shall be governed by
				Canons 4, 5 and 6 of the Code of Judicial Conduct and not by this
				Rule.
B. The magisterial district
				judge member shall be governed by Rules 11, 13 and 14 of the Rules Governing
				Standards of Conduct of Magisterial District Judges and not by this
				Rule.
C. Non-judicial members may
				engage in extra-judicial vocational, civic, charitable and financial activities
				subject to the following restrictions:
(1)
				Non-judicial members should refrain from engaging in non-judicial activities
				which interfere with the performance of judicial duties.
(2) Non-judicial members should not use or
				permit the use of the prestige of the judicial office to solicit funds for
				educational, religious, charitable, fraternal, or civic
				organizations.
(3) Non-judicial
				members may not, during the member's term of service, hold a compensated public
				office or appointment under this Commonwealth.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 61 - RULES GOVERNING THE CONDUCT OF MEMBERS OF THE COURT OF JUDICIAL DISCIPLINE › Rule 7 - Political Activity

Current through Register Vol. 54, No. 28, July 13, 2024
A.
				Judicial members shall be governed by Canon 7 of the Code of Judicial Conduct
				and not by this Rule.
B. The
				magisterial district judge member shall be governed by Rule 15 of the Rules
				Governing Standards of Conduct of Magisterial District Judges and not by this
				Rule.
C. Non-judicial members of
				the Court shall not hold office in any political party or political
				organization during the member's term of service.
(1) Non-judicial members should not act in
				any capacity in any political organization of a candidate for judicial office
				or judicial appointment.
(2)
				Non-judicial members should not publicly endorse a candidate for judicial
				office or judicial appointment and should not solicit or contribute funds for a
				candidate for judicial office.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 61 - RULES GOVERNING THE CONDUCT OF MEMBERS OF THE COURT OF JUDICIAL DISCIPLINE › Rule 8 - Subsequent Employment of Members and Legal Staff

Current through Register Vol. 54, No. 28, July 13, 2024
Subsequent employment of Court members and staff who are
				  members of the bar of the Supreme Court of Pennsylvania shall be governed by
				  Rule 1.12 of the Rules of Professional
				  Conduct.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 61 - RULES GOVERNING THE CONDUCT OF MEMBERS OF THE COURT OF JUDICIAL DISCIPLINE › Rule 9 - Amendments; Publication

Current through Register Vol. 54, No. 28, July 13, 2024
A. These
				rules may only be amended by the affirmative vote of a majority of the Court,
				after notice of the proposed amendment to the members of the Court.
B. Upon adoption, these rules and any
				amendments shall be available for public inspection and shall be forwarded to:
(1) The Legislative Reference Bureau for
				publication in the
Pennsylvania Bulletin
; and
(2) West Publishing Company for publication
				in the
Pennsylvania Reporter.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 71 - MEMBERS CONDUCT RULES › Section M.C.R. 1 - Attendance

Current through Register Vol. 54, No. 28, July 13, 2024
Decisions of the Board are enhanced by the participation of
				  all members; therefore, members are encouraged to set aside time for each
				  meeting and to participate during the entire meeting.
(1) Prior to the beginning of the calendar
				year, the Chair shall set a full schedule of meetings. A member shall not be
				absent for more than 20% of the scheduled meetings, nor shall a member miss
				three consecutive meetings without just cause. If a member is absent for more
				than three consecutive meetings, the member shall be requested to show cause as
				to why the member should not be removed from the Board. The member shall have
				an opportunity to respond and the procedures of Rule 9 shall apply.
(2) Members shall not participate in
				regularly scheduled meetings by telephone on more than two occasions per
				year.
(3) The limitation in section
				(2), above, can be waived by the Chair and a member shall be permitted to
				participate by telephone if that member's participation is necessary to
				establish a quorum for the purpose of conducting Board business.
(4) All members of the Board shall be
				governed by these Rules of Conduct with respect to their duties as Board
				members.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 71 - MEMBERS CONDUCT RULES › Section M.C.R. 2 - Standards for Judge and Lawyer Members

Current through Register Vol. 54, No. 28, July 13, 2024
(1)
				Judge-members of the Board shall be bound by the Canons of the Code of Judicial
				Conduct.
(2) Magisterial district
				judge members of the Board shall be bound by the rules governing Standards of
				Conduct for Magisterial District Judges.
(3) Lawyer-members of the Board shall be
				bound by the rules of Professional Conduct.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 71 - MEMBERS CONDUCT RULES › Section M.C.R. 3 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
All proceedings before the Board are confidential. Board
				  members and staff must maintain that confidentiality. Each member shall
				  instruct personal staff about the requirement of
				  confidentiality.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 71 - MEMBERS CONDUCT RULES › Section M.C.R. 4 - Affiliations

Current through Register Vol. 54, No. 28, July 13, 2024
Board members shall report the following to the Board, the
				  appointing authority and the Chief Counsel:
(1) Change of political party
				affiliation.
(2) Non-judicial Board
				members shall notify the appointing authority if the member assumes a
				compensated public office or appointment.
(3) A change in status as resident of the
				Commonwealth.
(4) Judicial members
				shall report a termination or change of a judicial office.
(5) Lawyer members shall report a change in
				their status as members of the Bar of the Supreme Court.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 71 - MEMBERS CONDUCT RULES › Section M.C.R. 5 - Political Activity by Members

Current through Register Vol. 54, No. 28, July 13, 2024
A member of the Board involved in a political campaign shall
				  not make reference to the member's affiliation with the Judicial Conduct Board
				  in any way that may indicate support for the candidate by the
				  Board.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 71 - MEMBERS CONDUCT RULES › Section M.C.R. 6 - Financial Disclosures

Current through Register Vol. 54, No. 28, July 13, 2024
(1) A Board member
				should refrain from financial and business dealings that directly or indirectly
				reflect adversely on the member's impartiality, interfere with the proper
				performance of Judicial Conduct Board duties, or exploit the person's position
				as a Judicial Conduct Board member.
(2) Information acquired by a Board member
				while serving as a Judicial Conduct Board member shall not be used or disclosed
				in financial dealings or for any other purpose not related to the member's
				Conduct Board duties.
(3) A member
				of the Board shall not financially profit as a result of any confidential
				information submitted to the Board. If a member has any financial interest that
				could be affected by the disposition of a matter pending before the Board, the
				member should not participate in its resolution.
(4) The Chief Counsel and professional staff
				designated by Chief Counsel must file financial disclosure statements in the
				form filed by members of the judiciary. The forms shall be filed by May 1, of
				each year, at the Board office.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 71 - MEMBERS CONDUCT RULES › Section M.C.R. 7 - Lawyer-Member Practicing Before a Judge Subject to Judicial Conduct Board Investigation or Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(1) When a
				lawyer-member is appearing before a Judicial Officer for pretrial or trial
				proceedings and learns the Judicial Officer is the subject of a complaint, or
				investigation by the Board, the lawyer-member shall refrain from voting at any
				time on any Board action with regard to the Judicial Officer on that matter.
				However, because a lawyer-member may have pertinent information concerning the
				Judicial Officer under scrutiny, the member may participate in discussions
				before the Board concerning the Judicial Officer.
(2) If a lawyer-member is assigned to a
				Judicial Officer against whom the Board has filed formal charges, the member
				must seek the Judicial Officer's recusal, and, if recusal is refused, the
				member shall refrain from voting on matters involving those charges that may
				come before the Board.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 71 - MEMBERS CONDUCT RULES › Section M.C.R. 8 - Recusal or Disqualification

Current through Register Vol. 54, No. 28, July 13, 2024
(1) General Rule. A
				member of the Board shall withdraw from participating in a matter or proceeding
				where there is a substantial showing that the member cannot participate in a
				fair and reasonable manner, including but not limited to instances where the
				member:
(a) has a fixed bias or prejudice for
				or against the Judicial Officer, or personal knowledge of disputed evidentiary
				facts relating to the matter or proceeding;
(b) is a lawyer, and served as a lawyer in
				connection with any events relating to the matter or proceeding which is the
				subject of the complaint, or a lawyer with whom the member practices or
				previously practiced law served during such association as a lawyer concerning
				the matter, or the member or such lawyer has been a material witness concerning
				it;
(c) or the spouse of the member
				or the member's child has a financial interest in any events relating to the
				matter or proceeding, individually or as a fiduciary;
(d) has instituted the charges or is in any
				manner involved in a case which may be a subject of the charges before the
				Board or involve a person who is related to the member within the ninth degree
				by consanguinity or within the fifth degree by affinity.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 71 - MEMBERS CONDUCT RULES › Section M.C.R. 9 - Abstentions Not Permitted

Current through Register Vol. 54, No. 28, July 13, 2024
A member qualified to vote at a meeting of the Board must
				  vote in favor of or in opposition to each motion brought to a vote during that
				  meeting, unless grounds exist for that member's recusal pursuant to Rule
				  .
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 71 - MEMBERS CONDUCT RULES › Section M.C.R. 10 - Removal of Member from the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(1)
				Within ten days after it is learned that a member of the Board has breached the
				confidentiality of the Board or violated any other provisions of these rules,
				written charges against such member shall be prepared and signed by Chief
				Counsel and filed with the Board. Within five days after receipt of charges,
				the Board shall determine, by majority vote of the remaining members, whether
				there is probable cause for removal. If the determination is in the
				affirmative, a written statement specifying the charges in detail shall be
				forwarded to the accused member within five days by certified mail. Within ten
				days after receipt of the statement of charges, the member shall notify the
				Board in writing whether a hearing is desired on the charges. The failure of
				the member to notify the Board of his desire to have a hearing within such
				period of time shall be deemed a waiver of the right to a hearing. If the
				hearing has been waived, the Board shall proceed, within ten days after such
				waiver, by a vote of eight members of the Board, to determine whether the
				member shall be removed.
(2) Upon
				receipt of a request for a hearing, the Board shall schedule a hearing, to be
				held at the Board offices, within twenty days after receipt of the request
				therefor, and shall immediately notify in writing the member of the time and
				place thereof.
(3) The Board shall
				have the power to establish necessary rules and procedures for the conduct of
				hearings under this section. Such rules shall not require compliance with
				technical rules of evidence. Each hearing shall be conducted by the Chairman of
				the Board. The member shall have a reasonable opportunity to defend and testify
				on his or her own behalf. The member shall also have the right to be
				represented by counsel, to subpoena witnesses and to cross-examine witnesses.
				All testimony taken shall be under oath which the Chairman of the panel is
				hereby authorized to administer. A record of the proceedings shall be made and
				a copy of the transcript of the hearing shall, upon written request, be
				furnished without charge to the member involved.
(4) At the conclusion of the hearing a vote
				shall be taken. Removal shall become effective immediately where a vote of
				eight members indicates that the accused member has engaged in conduct
				justifying removal.
(5) All
				proceedings involving the removal of a member shall remain confidential. If a
				member is removed, the fact of removal shall become public and the authority
				appointing that member shall be notified a vacancy exists.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 71 - MEMBERS CONDUCT RULES › Section M.C.R. 11 - Service of Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(1) Under these
				rules, service of notice or any other document shall be accomplished by:
(a) personal delivery, or
(b) any process providing restricted delivery
				to and returned receipt from the named addressee.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 71 - MEMBERS CONDUCT RULES › Section M.C.R. 12 - Amendment of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(1) The rules may
				only be amended or rescinded, or new rules adopted, by the affirmative vote of
				a majority of the members of the Board.
(2) Notice of any Board action on these rules
				shall be given to all members of the Board at least 30 days before the meeting
				at which such action will be taken, unless the time period is shortened by
				unanimous vote of the Board.
(3)
				Upon adoption, these rules and any amendments shall be available for public
				inspection and shall be forwarded to:
(a) The
				Legislative Reference Bureau for publication in the
Pennsylvania
				Bulletin;
and
(b) West
				Publishing Company for publication in the
Pennsylvania
				Reporter.