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 › 2 - A magisterial district judge shall perform the duties of judicial office impartially, competently, and diligently › Rule 2.11 - Disqualification

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A magisterial
					 district judge shall disqualify himself or herself in any proceeding in which
					 the magisterial district judge's impartiality might reasonably be questioned,
					 including but not limited to the following circumstances:
(1) The magisterial district judge has a
					 personal bias or prejudice concerning a party or a party's lawyer, or personal
					 knowledge of facts that are in dispute in the proceeding.
(2) The magisterial district judge knows that
					 the magisterial district judge, the magisterial district judge's spouse or
					 domestic partner, or a person within the third degree of relationship to either
					 of them, or the spouse or domestic partner of such a person is:
(a) a party to the proceeding, or an officer,
					 director, general partner, managing member, or trustee of a party;
(b) acting as a lawyer in the
					 proceeding;
(c) a person who has
					 more than a de minimis interest that could be substantially affected by the
					 proceeding; or
(d) likely to be a
					 material witness in the proceeding.
(3) The magisterial district judge knows that
					 he or she, individually or as a fiduciary, or the magisterial district judge's
					 spouse, domestic partner, parent, or child, or any other member of the
					 magisterial district judge's family residing in the magisterial district
					 judge's household, has an economic interest in the subject matter in
					 controversy or is a party to the proceeding.
(4) The magisterial district judge knows or
					 learns that a party, a party's lawyer, or the law firm of a party's lawyer has
					 made a direct or indirect contribution(s) to the magisterial district judge's
					 campaign in an amount that would raise a reasonable concern about the fairness
					 or impartiality of the magisterial district judge's consideration of a case
					 involving the party, the party's lawyer, or the law firm of the party's lawyer.
					 In doing so, the magisterial district judge should consider the public
					 perception regarding such contributions and their effect on the magisterial
					 district judge's ability to be fair and impartial. There shall be a rebuttable
					 presumption that recusal or disqualification is not warranted when a
					 contribution or reimbursement for transportation, lodging, hospitality or other
					 expenses is equal to or less than the amount required to be reported as a gift
					 on a magisterial district judge's Statement of Financial Interest.
(5) The magisterial district judge, while a
					 magisterial district judge or a judicial candidate, has made a public
					 statement, other than in a court proceeding, judicial decision, or opinion,
					 that commits the magisterial district judge to reach a particular result or
					 rule in a particular way in the proceeding or controversy.
(6) The magisterial district judge:
(a) served as a lawyer in the matter in
					 controversy, or was associated with a lawyer who participated substantially as
					 a lawyer or was a material witness in the matter during such
					 association;
(b) served in
					 governmental employment, and in such capacity participated personally and
					 substantially as a lawyer or public official concerning the proceeding, or has
					 publicly expressed in such capacity an opinion concerning the merits of the
					 particular matter in controversy; or
(c) was a material witness concerning the
					 matter.