reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 201 - UNIFIED JUDICIAL SYSTEM › Section 201.7 - Sheriffs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				rule.
Except as provided in subsection (b) of this section, the
				functions of sheriff under
				42 Pa.C.S. §
										2921
				(relating to powers and duties of the sheriff) are performed by the Sheriff of
				the county elected as provided by statute.
(b)
Home rule counties.
Under Article IX of the Constitution of Pennsylvania the elected office of
				sheriff may be abolished. The following unofficial summary of local law is
				provided for the general information of the public and system and related
				personnel and shall not be construed as an authoritative interpretation of any
				provision of law:
Northampton County.
Article III of the
				  charter provides for an elected County Executive. Section 1303 of the charter
				  abolishes the elected office of Sheriff effective the first Monday of January
				  1980. Section 1304(b)(3) of the charter transfers the duties, functions and
				  powers of such office to the County Executive or to his subordinate as provided
				  by law. Article X of the County Administrative Code provides for an Office of
				  the Sheriff headed by a Sheriff who is responsible to the County Executive and
				  sets forth the duties of the Sheriff.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 201 - UNIFIED JUDICIAL SYSTEM › Section 201.8 - Register of wills

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Except as provided in subsection (b) of this
				section, the functions and duties of register of wills under the Probate,
				Estates and Fiduciaries Code (20 Pa.C.S.) are performed by the Register of
				Wills of the county elected as provided by statute.
(b)
Home rule counties.
Under Article IX of the Constitution of Pennsylvania the elected office of
				Register of Wills may be abolished. The following unofficial summary of local
				law is provided for the general information of the public and system and
				related personnel and shall not be construed as an authoritative interpretation
				of any provision of law:
(1)
Erie
				County.
Section 1 of Article IV of the charter provides for an elected
				Clerk of Records, who has and exercises all powers and duties conferred by law
				upon the Register of Wills.
(2)
Northampton County.
Article III of the charter provides for an
				elected County Executive. Section 1303 of the charter abolishes the elected
				office of Register of Wills effective the first Monday of January 1980. Section
				1304(b)(3) of the charter transfers the duties, functions and powers of such
				office to the County Executive or to his subordinate as provided by law.
				Article X of the County Administrative Code provides that the Department of
				Court Services will perform all functions formerly performed by the Register of
				Wills.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 205 - ELECTRODATA PROCESSING OPERATIONS › Section 205.2 - Planning Committee on Uniformity in EDP Operations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Administrative Office of Pennsylvania
				Courts has appointed a "Planning Committee on Uniformity in EDP Operations."
				The Committee will develop and maintain conformity and compatibility in the
				design, planning, function, and operation of computerized systems of record
				keeping in the Judicial Branch of the Commonwealth of Pennsylvania.
(b) Persons desiring further information
				concerning the activities of the Committee may communicate, in writing, with
				the Administrative Office of Pennsylvania Courts, 1414 Three Penn Center Plaza,
				Philadelphia, Pennsylvania 19102.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 207 - TRANSMITTING REMITTANCES › Section 207.1 - Authorization by Supreme Court

Current through Register Vol. 54, No. 28, July 13, 2024
The Supreme Court, pursuant to Art. 5 § 10 of the
				  Pennsylvania Constitution, and
				  42 Pa.C.S. §
										1721, hereby
				  authorizes the Court Administrator of Pennsylvania to adjust the level of
				  fines, costs, fees and other remittances as otherwise fixed by law so as to
				  facilitate the transmission of remittances through or by a financial
				  intermediary pursuant to such regulations without net cost to any government
				  unit, pursuant to
				  42 Pa.C.S. §
										3502(c)(3).
For purposes of
				  42 Pa.C.S. §
										3502(c) and this regulation,
				  the term financial intermediary shall include credit card issuers, ticket
				  processing service organizations, and other institutions providing services
				  relating to the collection of fines, costs and other
				  remittances.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 207 - TRANSMITTING REMITTANCES › Section 207.2 - Philadelphia Municipal Court Traffic Division-Adjustment of Fines, Costs, Fees and Other Remittances

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Pursuant to
				42 Pa.C.S. §
										3502(c)(3), the Court
				Administrator of Pennsylvania hereby adjusts the level of fines, costs, fees
				and other remittances in all cases under the Motor Vehicle Code (Title 75,
Pennsylvania Consolidated Statutes
) and local ordinances
				prosecuted in the Philadelphia Municipal Court Traffic Division by increasing
				such costs, fees and other remittances to the amount of twenty-five dollars
				($25.00) per citation or traffic violation report. Said amount shall be paid to
				a contracting financial intermediary and shall be added to the fines, costs,
				fees and other remittances at such time as the Philadelphia Municipal Court
				Traffic Division sends or causes to be served a written notice other than a
				summons to a defendant.
(b) This
				regulation shall become effective April 1, 2006, and shall apply to all
				citations and traffic violation reports filed prior to that date.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 207 - TRANSMITTING REMITTANCES › Section 207.3 - Online Payment Convenience Fee-Adjustment of Fines, Costs, Fees, and Other Remittances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Pursuant to
				42 Pa.C.S. §
										3502(c)(3), the Court
				Administrator of Pennsylvania hereby adjusts the level of fines, costs, fees,
				and other remittances by assessing a non-refundable 2.75 percent (%)
				convenience fee for online credit/debit card payments of court costs, fines,
				fees, and restitution associated with pre-existing cases, cases initiated
				within the Magisterial District Judge, Common Pleas, and Appellate Court Case
				Management Systems of the Pennsylvania Courts, or filings submitted via the
				Guardianship Tracking System. The 2.75 % convenience fee shall also be assessed
				on any other online credit/debit card payments initiated through the AOPC's UJS
				Portal. Said amount shall be paid through a contracted financial intermediary
				and shall be added at the time of the payment.
(b) This regulation shall become effective
				April 1, 2024, and shall apply to all online credit/debit card payments
				initiated through the AOPC's UJS Portal.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 209 - PENNSYLVANIA APPELLATE COURTS RECORDS RETENTION SCHEDULE › Section 209.1 - Establishment

Current through Register Vol. 54, No. 28, July 13, 2024
In order to establish procedures and guidance for the various
				  records custodians of the appellate courts of Pennsylvania, the appellate court
				  records retention schedule in Appendix A has been approved by the Supreme Court
				  of Pennsylvania and originally promulgated by the Administrative Office of
				  pennsylvania courts (aopc)on April 6, 1990.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 209 - PENNSYLVANIA APPELLATE COURTS RECORDS RETENTION SCHEDULE › Section 209.2 - Procedure for the Destruction or Transfer of Appellate Court Records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Records may be
				disposed of in accordance with the retention periods listed on the Appellate
				Court Records Retention Schedule (Schedule) in Appendix a. The schedule is
				"permissive" in that court personnel may continue to hold records beyond the
				stated retention requirements. Records need not be kept in their original form,
				particularly those requiring long term or permanent retention. Microfilm or
				PDF/A copies that meet the micrographics or PDF/A standards and the quality
				control guidelines and related policies approved by the Commonwealth's County
				Records Committee set forth in the County Records Manual are acceptable
				substitutes and shall be followed to the extent practicable. When scanning
				documents there must be an individual responsible for quality control. Copying
				onto any other media must be approved in advance by the AOPC.
(b) Records not listed for permanent
				retention may be disposed of in accordance with the schedule. A record of the
				destruction, containing the record series titles, date spans, approximate
				quantities of the records, and date destroyed must be submitted to AOPC. AOPC
				need not approve destruction of these records. A sample Records Disposal form
				can be found in Appendix B.
(c)
				Records listed for permanent retention may not be disposed of without approval
				by AOPC. Records listed for permanent retention and archival review may not be
				disposed of without approval by both AOPC and the Pennsylvania Historical and
				Museum Commission (PHMC).
(1) AOPC approval
				must be obtained before destroying original records scheduled for permanent
				retention that have been microfilmed or converted to PDF/A format.
(2) If the records are marked for archival
				review on the schedule, approval must also be obtained from both aopc and the
				PHMC prior to destruction. Records series marked with an asterisk in the
				Archival Review column on the schedule have potential historical value and the
				phmc State Archives may be interested in maintaining original, microfilm and/or
				pdf/a copies of these series. One form, the form attached in Appendix C, is to
				be used to obtain approvals.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 209 - PENNSYLVANIA APPELLATE COURTS RECORDS RETENTION SCHEDULE › Appendix C - Court Records Disposal Certification Request

Current through Register Vol. 54, No. 28, July 13, 2024
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Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 211 - CONSUMER PRICE INDEX AND JUDICIAL SALARIES › Section 211.1a - Consumer Price Index-judicial salaries

Current through Register Vol. 54, No. 28, July 13, 2024
The Court Administrator of Pennsylvania reports that the
				  percentage change in the Philadelphia-Wilmington-Atlantic City, PA-DE-NJ-MD,
				  Consumer Price Index for All Urban Consumers (CPI-U) for the 12-month period
				  ending October 2023, was 3.5 percent (3.5%). (See U.S. Department of Labor,
				  Bureau of Labor Statistics, Consumer Price Index, Tuesday, November 14,
				  2023.)
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 211 - CONSUMER PRICE INDEX AND JUDICIAL SALARIES › Section 211.2 - Judicial salaries effective January 1, 2024

Current through Register Vol. 54, No. 28, July 13, 2024
The annual judicial salaries for calendar year beginning
				  January 1, 2024 will be adjusted by a cost-of-living factor.
(a)
Supreme Court.
(1) The annual salary of a justice of the
				Supreme Court shall be $253,361.
(2) The annual salary of the Chief Justice of the Supreme Court
				shall be $260,734.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 213 - COURT RECORDS POLICIES › Subchapter B - RECORDS RETENTION › Section 213.51 - Record Retention & Disposition Schedule with Guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
Supreme Court of Pennsylvania Administrative Office
					 of Pennsylvania Courts
Record Retention & Disposition Schedule with
					 Guidelines For Courts of Common Pleas, Magisterial District Courts,
					 Philadelphia Municipal
Court, and the Pittsburgh Municipal
					 Court
1.
Record Retention
				  Program
1.1
Background
Pennsylvania Rule of Judicial Administration 507
					 establishes three categories of offices for purposes of record retention and
					 disposition:
1) offices scheduled by
				  the County Records Committee (that must dispose of records in conformity with
				  the applicable retention schedules established by the
				  Committee)1;
2) offices scheduled by the Supreme Court
				  (that must dispose of records in conformity with the applicable retention
				  schedules established by the Supreme Court)2; and
3) non-scheduled offices (that can
				  only dispose of records upon request to the Pennsylvania Historical and Museum
				  Commission and the Administrative Office of Pennsylvania Courts and with
				  approval by the AOPC).3
The record retention and disposition schedules set forth
					 hereunder have been adopted by the Supreme Court. This document contains
					 guidelines and procedures for storing and archiving records, as well as the
					 disposal of both permanent and non-permanent records.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 213 - COURT RECORDS POLICIES › Subchapter C - ELECTRONIC CASE RECORD PUBLIC ACCESS POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA › Section 213.71 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
Section 1.00.
A. "CPCMS" means the Common Pleas Case
				  Management System.
B. "Custodian"
				  is the person, or designee, responsible for the safekeeping of electronic case
				  records held by any court or office and for processing public requests for
				  access to electronic case records.
C. "Electronic Case Record" means information
				  or data created, collected, received, produced, or maintained by a court or
				  office in connection with a particular case that exists in the PACMS, CPCMS,
				  GTS, or MDJS and that appears on web docket sheets or is provided in response
				  to bulk distribution requests, regardless of format. This definition does not
				  include images of documents filed with, received, produced, or maintained by a
				  court or office which are stored in PACMS, CPCMS, GTS, MDJS, or any other
				  automated system maintained by the Administrative Office of Pennsylvania
				  Courts.
D. "GTS" means the
				  Guardianship Tracking System.
E.
				  "MDJS" means the Magisterial District Judge System.
F. "Office" is any entity that is using one
				  of the following automated systems: PACMS; CPCMS; GTS; or MDJS.
G. "PACMS" means the Pennsylvania Appellate
				  Court Case Management System.
H.
				  "Party" means one by or against whom a civil or criminal action is
				  brought.
I. "Public" includes any
				  person, business, non-profit entity, organization, or association.
"Public" does not include:
(1) UJS officials or employees, including
				  employees of the office of the clerk of courts, prothonotary, the office of the
				  clerk of the orphans' court division, and any other office performing similar
				  functions;
(2) people or entities,
				  private or governmental, who assist the UJS or related offices in providing
				  court services; and
(3) any
				  federal, state, or local governmental agency or an employee or official of such
				  an agency when acting in his/her official capacity.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 213 - COURT RECORDS POLICIES › Subchapter C - ELECTRONIC CASE RECORD PUBLIC ACCESS POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA › Section 213.72 - Statement of General Policy

Current through Register Vol. 54, No. 28, July 13, 2024
Section 2.00.
A. This policy covers all electronic case
				  records.
B. The public may inspect
				  and obtain electronic case records, except as provided by law or as set forth
				  in this policy.
C. A court or
				  office may not adopt for electronic case records a more restrictive access
				  policy or provide greater access than that provided for in this
				  policy.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 213 - COURT RECORDS POLICIES › Subchapter C - ELECTRONIC CASE RECORD PUBLIC ACCESS POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA › Section 213.73 - Electronic Case Record Information Excluded from Public Access

Current through Register Vol. 54, No. 28, July 13, 2024
Section 3.00.
The following information in an electronic case record is
					 not accessible by the public:
A.
				  Social Security Numbers;
B. Driver
				  License Numbers;
C. victim
				  information, including name, address, and other contact information;
D. informant information, including name,
				  address, and other contact information;
E. juror information, including name,
				  address, and other contact information;
F. a party's street address, except the city,
				  state, and ZIP code may be released;
G. witness information, including name,
				  address, and other contact information;
H. SID (State Identification)
				  Numbers;
I. financial institution
				  account numbers, credit card numbers, PINS or passwords used to secure
				  accounts;
J. notes, drafts, and
				  work products related to court administration or any office that is the primary
				  custodian of an electronic case record;
K. information sealed or protected pursuant
				  to court order;
L. information to
				  which access is otherwise restricted by federal law, state law, or state court
				  rule;
M. information regarding
				  arrest warrants and supporting affidavits until execution;
N. information maintained in GTS, except
				  aggregate, statistical, or other data that does not identify an incapacitated
				  person, as determined by the Administrative Office of Pennsylvania Courts, may
				  be released; and
O. information
				  presenting a risk to personal security, personal privacy, or the fair,
				  impartial, and orderly administration of justice, as determined by the Court
				  Administrator of Pennsylvania with the approval of the Chief Justice.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 213 - COURT RECORDS POLICIES › Subchapter C - ELECTRONIC CASE RECORD PUBLIC ACCESS POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA › Section 213.74 - Requests for Bulk Distribution of Electronic Case Records

Current through Register Vol. 54, No. 28, July 13, 2024
Section 3.10.
A. To the extent that adequate resources and
				  technical capabilities exist, a request for bulk distribution of electronic
				  case records shall be permitted for data that is not excluded from public
				  access as set forth in this policy.
B. To the extent that adequate resources and
				  technical capabilities exist, a request for bulk distribution of electronic
				  case records not publicly accessible under §
											213.73 of this Policy may be
				  fulfilled where: the information released does not identify specific
				  individuals; the release of the information will not present a risk to personal
				  security or privacy; and the information is being requested for a scholarly,
				  journalistic, governmental-related, research, or case preparation purpose.
(1) Requests of this type will be reviewed on
				  a case-by-case basis.
(2) In
				  addition to the request form, the requestor shall submit in writing:
a. the purpose/reason for the
				  request;
b. identification of the
				  information sought;
c. explanation
				  of the steps that the requestor will take to ensure that the information
				  provided will be secure and protected;
d. certification that the information will
				  not be used, except for the stated purposes; and
e. whether relevant Institutional Review
				  Board approval has been received, if applicable.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 213 - COURT RECORDS POLICIES › Subchapter C - ELECTRONIC CASE RECORD PUBLIC ACCESS POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA › Section 213.75 - Requests for Electronic Case Record Information from Another Court or Office

Current through Register Vol. 54, No. 28, July 13, 2024
Section 3.20.
Any request for electronic case record information from
					 another court or office should be referred to the proper record custodian in
					 the court or office where the electronic case record information originated.
					 Any request for electronic case record information concerning multiple
					 magisterial district judge courts or judicial districts should be referred to
					 the Administrative Office of the Pennsylvania Courts.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 213 - COURT RECORDS POLICIES › Subchapter C - ELECTRONIC CASE RECORD PUBLIC ACCESS POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA › Section 213.76 - Responding to a Request for Access to Electronic Case Records

Current through Register Vol. 54, No. 28, July 13, 2024
Section 4.00.
A. Within 10 business days of receipt of a
				  written request for electronic case record access, the respective court or
				  office shall respond in one of the following manners:
(1) fulfill the request, or if there are
				  applicable fees and costs that must be paid by the requestor, notify the
				  requestor that the information is available upon payment of the same;
(2) notify the requestor in writing that the
				  requestor has not complied with the provisions of this policy;
(3) notify the requestor in writing that the
				  information cannot be provided; or
(4) notify the requestor in writing that the
				  request has been received and the expected date that the information will be
				  available. If the information will not be available within 30 business days,
				  the court or office shall notify the Administrative Office of Pennsylvania
				  Courts and the requestor simultaneously.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 213 - COURT RECORDS POLICIES › Subchapter C - ELECTRONIC CASE RECORD PUBLIC ACCESS POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA › Section 213.77 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
Section 5.00.
A. Reasonable fees may be imposed for
				  providing public access to electronic case records pursuant to this
				  policy.
B. A fee schedule shall be
				  in writing and publicly posted.
C.
				  A fee schedule in any judicial district, including any changes thereto, shall
				  not become effective and enforceable until:
(1) a copy of the proposed fee schedule is
				  submitted by the president judge to the Administrative Office of Pennsylvania
				  Courts; and
(2) the Administrative
				  Office of Pennsylvania Courts has approved the proposed fee schedule.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 213 - COURT RECORDS POLICIES › Subchapter C - ELECTRONIC CASE RECORD PUBLIC ACCESS POLICY OF THE UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA › Section 213.79 - Continuous Availability of Policy

Current through Register Vol. 54, No. 28, July 13, 2024
Section 7.00.
A copy of this policy shall be continuously available for
					 public access in every court or office that is using PACMS, CPCMS, GTS, or
					 MDJS.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 217 - SEARCH WARRANT

Current through Register Vol. 54, No. 28, July 13, 2024
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This chapter is printed under 1 Pa. Code §
										3.1(a)(9) as a
				  document which the Legislative Reference Bureau has found to be general and
				  permanent in nature.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 219 - CLERK OF COURTS; WAIVER › Section 219.1 - Notice of transfer of clerk of courts functions and duties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a clerk of
				courts files a waiver of any functions or duties ordinarily incident to the
				office under
				42 Pa.C.S. §
										2756(b)(2) (relating to
				exceptions), the order of court appointing another officer or person to perform
				its functions shall not be valid for any purpose until filed in the
				Administrative Office of Pennsylvania Courts (AOPC) under
				42 Pa.C.S. §
										2703
				(relating to notice of transfer).
(b) The AOPC shall cause all such orders to
				be published in the
Pennsylvania Code
.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 219 - CLERK OF COURTS; WAIVER › Section 219.2 - Lancaster County-Road Matter Documents

Current through Register Vol. 54, No. 28, July 13, 2024
Pursuant to
				  42 Pa.C.S. §
										2756(b)(2) and in
				  consideration of the Waiver of the Clerk of Courts effective July 1, 2001, the
				  filing of all applications for relief or other documents relating to road
				  matters must be in the Office of the Prothonotary and all existing records,
				  which relate to such matters and which are filed in the Office of the Clerk of
				  Courts, must be transferred to the Office of the
				  Prothonotary.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 1 - GENERAL PROVISIONS › Section 101 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
These regulations are enacted under the Language Access
					 Plan for the Unified Judicial System (UJS-LAP) and
					 42 Pa.C.S. §§
											4411 and
					 4431 (relating to duties
					 of Court Administrator) and shall govern the appointment and use of
					 interpreters for persons with limited English proficiency and persons who are
					 deaf or hard of hearing in all court proceedings within the Unified Judicial
					 System (UJS).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 1 - GENERAL PROVISIONS › Section 102 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
For purposes of these regulations:
(a)
Appellate Court
				  Prothonotary
means the prothonotary responsible for the appellate
				  court in which the judicial proceeding is conducted or his or her
				  designee.
(b)
Certified
				  Interpreter
means a person who is certified in accordance with this
				  chapter.
(c)
Court
				  Administrator
means the Court Administrator of Pennsylvania.
(d)
Deaf or hard of hearing
means a hearing loss or impairment of speech that creates an inability to
				  understand or communicate the spoken English language.
(e)
Direct victim
means an
				  individual against whom a crime has been committed or attempted and who, as a
				  direct result of the criminal act or attempt, suffers physical or mental
				  injury, death, or the loss of earnings.
(f)
District Court
				  Administrator
means the court administrator responsible for the
				  administration of the courts of the judicial district in which the judicial
				  proceeding is conducted or his or her designee.
(g)
Immediate family member
means a person other than a principal party in interest who is a spouse, child,
				  parent, grandparent, or guardian of a principal party in interest.
(h)
Interpret
means either:
(1) within the context of court interpreters
				  for persons with limited English proficiency, to convey spoken and written
				  English into the language of the person with limited English proficiency and to
				  convey spoken and written statements by that person into spoken English;
				  or
(2) within the context of court
				  interpreters for persons who are deaf or hard of hearing, to convey spoken
				  English in a manner understood by the deaf or hard of hearing person through,
				  but not limited to, American Sign Language and transliteration or any other
				  process, procedure, or means of communication used to convey the communications
				  made by the deaf or hard of hearing person into spoken English.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 1 - GENERAL PROVISIONS › Section 103 - Confidentiality of Communications

Current through Register Vol. 54, No. 28, July 13, 2024
As provided in
					 42 Pa.C.S. §§
											4415 and
					 4436 (relating to
					 confidential communications in presence of court interpreter), an interpreter
					 appointed pursuant to these regulations shall not be permitted or compelled to
					 testify in any judicial proceeding as to any interpreted statements made by the
					 person for whom he or she is interpreting when that person is engaged in a
					 confidential communication as provided by any statute or general rule,
					 including, but not limited to:
(a)
										42 Pa.C.S. §
											5916
				  (relating to confidential communications to attorney);
(b)
										42 Pa.C.S. §
											5928
				  (relating to confidential communications to attorney);
(c)
										42 Pa.C.S. §
											5942
				  (relating to confidential communications to news reporters);
(d)
										42 Pa.C.S. §
											5943
				  (relating to confidential communications to clergymen);
(e)
										42 Pa.C.S. §
											5944
				  (relating to confidential communications to psychiatrists or licensed
				  psychologists);
(f)
										42 Pa.C.S. §
											5945
				  (relating to confidential communications to school personnel);
(g)
										42 Pa.C.S. §
											5945.1
				  (relating to confidential communications with sexual assault
				  counselors);
(h)
										42 Pa.C.S. §
											5945.2
				  (relating to confidential communications to crime stopper or similar anticrime
				  program);
(i)
										42 Pa.C.S. §
											5945.3
				  (relating to confidential communications to human trafficking caseworkers);
				  and
(j)
										23 Pa.C.S. §
											6116
				  (relating to confidential communications to domestic violence
				  counsel/advocates).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 1 - GENERAL PROVISIONS › Section 105 - Waiver of Interpreter

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Waiver
				  by a principal party in interest.-A principal party in interest with limited
				  English proficiency or who is deaf or hard of hearing may waive the right to an
				  interpreter, provided the waiver is conducted in the presence of the presiding
				  judicial officer and the party seeking to waive is represented by counsel or
				  has knowingly waived the right to counsel. The presiding judicial officer shall
				  ascertain from the principal party in interest with limited English proficiency
				  or who is deaf or hard of hearing whether the waiver is knowing, voluntary and
				  intelligent and that the waiver will not impede the party's communication with
				  the court and the fact finder. If the judicial proceeding is conducted in a
				  court of record, the foregoing determination shall be made on the record. The
				  principal party in interest with limited English proficiency or who is deaf or
				  hard of hearing must be provided with an interpreter during the waiver process.
				  In addition, the waiver shall be in writing signed by the principal party in
				  interest with limited English proficiency or who is deaf or hard of hearing,
				  with a representation that the party was told of the right to an interpreter
				  and that the party chose not to have an interpreter at the judicial proceeding.
				  The written waiver shall be on the form provided by the Court Administrator for
				  this purpose and shall be made part of the record of the judicial proceeding.
				  If the presiding judicial officer subsequently determines that an interpreter
				  is necessary, he or she shall proceed pursuant to § 204(b) (relating to
				  determination of need for interpreter).
(b) Waiver by a non-party.-When a non-party
				  who is entitled to an interpreter under these regulations seeks to waive the
				  right to an interpreter, the provisions of subsection (a) above should be
				  followed, with the exception that counsel need not be present.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 1 - GENERAL PROVISIONS › Section 106 - Oath for Interpreters

Current through Register Vol. 54, No. 28, July 13, 2024
Before commencement of interpreter duties, an interpreter
					 shall take the following oath:
Do you solemnly swear or affirm that you will make an
					 accurate, complete, and impartial interpretation from the English language into
					 the (target language), and vice-versa, of all communication during this
					 proceeding using your best skill, judgment, and ability and that you will abide
					 by the Rules of Professional Conduct for Judiciary Interpreters, and so you do
					 swear or affirm?
Once the oath is administered, the interpreter becomes an
					 officer of the court for the duration of his or her appointment.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 1 - GENERAL PROVISIONS › Section 107 - Cost of Providing Interpreters for Persons with Limited English Proficiency

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  rule
.-An interpreter appointed pursuant to § 205 (relating to
				  appointment of interpreters) for a principal party in interest or a witness is
				  entitled to a reasonable fee for interpreter services and shall be reimbursed
				  for actual and reasonable expenses by the county of the court or the appellate
				  court that has jurisdiction over the judicial proceeding in accordance with the
				  compensation schedule approved by the Court Administrator pursuant to
				  42 Pa.C.S. §
											4411(d). In no event shall
				  the costs of providing interpreter services be the responsibility of the person
				  who is limited English proficient (LEP).
(b)
Assignment of costs
.-In
				  those cases where appointment of an interpreter is discretionary as specified
				  in § 205(d) regarding appointment of interpreters for immediate family members,
				  the presiding judicial officer may order reimbursement by the family member to
				  the county of the court or the appellate court that has jurisdiction over the
				  judicial proceeding for which the interpreter was appointed for its
				  responsibilities under this chapter. In determining the amount of actual and
				  reasonable expenses to be paid to the interpreter, the presiding judicial
				  officer shall follow the fee schedule for interpreters established by the Court
				  Administrator.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 1 - GENERAL PROVISIONS › Section 108 - Costs of Providing Interpreters for Persons who are Deaf or Hard of Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
General rule.-an interpreter appointed in accordance with §
					 205 is entitled to a reasonable fee for his or her services and shall be
					 reimbursed for actual and reasonable expenses by the county of the court that
					 has jurisdiction over the judicial proceeding in accordance with the
					 compensation schedule approved by the Court Administrator pursuant to
					 42 Pa.C.S. §
											4431(d). expenses related to
					 interpreters appointed for appellate judicial proceedings shall be the
					 responsibility of the appellate court. In no event shall the cost of providing
					 interpreter services be the responsibility of the person who is deaf or hard of
					 hearing.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 2 - PROCEDURES FOR NOTIFICATION AND DETERMINATION OF THE NEED FOR, AND FOR THE PROCUREMENT AND APPOINTMENT › Section 201 - Notices to be Provided Concerning Right to an Interpreter

Current through Register Vol. 54, No. 28, July 13, 2024
(a) District Court Administrators, presiding
				  judicial officers, judicial staff, and filing offices must ensure that a Notice
				  of Language Rights is provided to named parties and witnesses for all judicial
				  proceedings.
(b) Every hearing
				  notice or subpoena for any judicial proceeding must include a Notice of
				  Language Rights. This notice shall inform the recipient of the right to a
				  court-appointed interpreter at no cost and the process for requesting
				  one.
(c) Information concerning
				  language rights and services available must be conspicuously displayed on
				  posters, cards, and brochures throughout court facilities, posted on court
				  websites, and provided to the public, justice partners, legal aid agencies, and
				  community-based organizations.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 2 - PROCEDURES FOR NOTIFICATION AND DETERMINATION OF THE NEED FOR, AND FOR THE PROCUREMENT AND APPOINTMENT › Section 202 - Persons to Notify Court Concerning Need for Interpreters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following persons shall give notice
				  to the court when a person has limited English proficiency or is deaf or hard
				  of hearing and requires an interpreter for any judicial proceeding:
(1) For a principal party in interest in a
				  judicial proceeding, either the principal party in interest or his or her
				  attorney, without delay.
(2) For a
				  witness in a judicial proceeding, the party that intends to call the person as
				  a witness as soon as is practicable after learning of the need for an
				  interpreter.
(3) For a crime victim
				  whose presence is anticipated at a judicial proceeding, the affiant, law
				  enforcement officer, or the attorney for the Commonwealth, as soon as is
				  practicable after learning of the need.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 2 - PROCEDURES FOR NOTIFICATION AND DETERMINATION OF THE NEED FOR, AND FOR THE PROCUREMENT AND APPOINTMENT › Section 203 - Procurement of Certified or Otherwise Qualified Interpreters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Once the Appellate Court Prothonotary/
				  District Court Administrator or his or her designee is made aware of the need
				  for an interpreter, he or she shall procure a certified interpreter in the
				  manner provided by the guidelines established by the Court Administrator for
				  the appointment of certified interpreters.
(b) If the Appellate Court
				  Prothonotary/District Court Administrator or his or her designee cannot procure
				  a certified interpreter in the manner set forth in subsection (a), he or she
				  shall procure an otherwise qualified interpreter in the manner provided by the
				  guidelines established by the Court Administrator for the appointment of
				  otherwise qualified interpreters.
(c) Courts shall utilize existing mechanisms
				  available in statewide case management systems and shall develop mechanisms in
				  conjunction with their filing offices to track the need for an interpreter
				  throughout the life cycle of a case.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 2 - PROCEDURES FOR NOTIFICATION AND DETERMINATION OF THE NEED FOR, AND FOR THE PROCUREMENT AND APPOINTMENT › Section 204 - Determination of Need for Interpreter

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Proceedings to determine need for an inter-preter
.-Ordinarily,
				  the presiding judicial officer must appoint an interpreter after notice of need
				  for an interpreter is given or a request for an interpreter is made. If, after
				  considering the notice of need, the presiding judicial officer requires
				  additional information in order to make the determination that the person is
				  limited English proficient or deaf or hard of hearing, or of the appropriate
				  language or means of communication with the interpreter, he or she may request
				  any additional filings from the parties or conduct any proceedings he or she
				  deems necessary including, but not limited to, conducting the
voir
				  dire
for determination of need for an interpreter for persons with
				  limited English proficiency or who are deaf or hard of hearing established by
				  the Court Administrator. If the Appellate Court Prothonotary/District Court
				  Administrator or his or her designee requires additional information, he or she
				  may request additional information and may request that the presiding judicial
				  officer conduct proceedings to determine the need for an interpreter.
(b) If, during the course of the judicial
				  proceeding, and without regard to whether notice of need for an interpreter was
				  given, the presiding judicial officer determines that a principal party in
				  interest is a person with limited English proficiency or that a principal party
				  in interest, witness, direct victim, or juror is deaf or hard of hearing and is
				  in need of an interpreter, he or she shall give notice to the Appellate Court
				  Prothonotary/District Court Administrator or his or her designee as provided in
				  § 202(d) (relating to persons to notify court concerning need for
				  interpreters).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 2 - PROCEDURES FOR NOTIFICATION AND DETERMINATION OF THE NEED FOR, AND FOR THE PROCUREMENT AND APPOINTMENT › Section 205 - Appointment of Interpreters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appointment of a certified interpreter
.-The presiding judicial
				  officer shall appoint the certified interpreter procured pursuant to § 203(a)
				  (relating to procurement of certified interpreters) unless a certified
				  interpreter is unavailable.
(b)
Appointment of an otherwise qualified interpreter
.-
(1) An otherwise qualified interpreter shall
				  be appointed by the presiding judicial officer if the presiding judicial
				  officer determines that the Appellate Court Prothonotary/District Court
				  Administrator or his or her designee made a good faith effort to procure a
				  certified interpreter and a certified interpreter was not available and that
				  the otherwise qualified interpreter was properly procured pursuant to § 203(b).
				  Otherwise qualified interpreters should also be chosen, if available, from the
				  roster. In making the foregoing determinations, the presiding judicial officer
				  shall consider the efforts made by the Appellate Court Prothonotary/District
				  Court Administrator or his or her designee and whether these efforts complied
				  with the requirements of § 203.
(i)
Persons with limited English proficiency
.-
Prior to the appointment of the otherwise qualified
					 interpreter for a person with limited English proficiency, the presiding
					 judicial officer shall determine the interpreter's qualifications by:
(A) verifying that the otherwise qualified
				  interpreter is listed in the interpreter roster published by the Court
				  Administrator. This can be accomplished in a number of ways, including but not
				  limited to asking the interpreter to present their Interpreter Certification
				  Program card issued by AOPC. Where the interpreter is on the roster, steps (B)
				  and (C) below are not necessary.
(B) conducting the
voir dire
for qualifying interpreters for persons with limited English proficiency;
				  and
(C) ascertaining that the
				  otherwise qualified interpreter has read, understands, and agrees to abide by
				  the Rules of Professional Conduct for Judiciary Interpreters.
See
Schedule F of these regulations.