Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter A - PRELIMINARY PROVISIONS › Rule 104 - Pennsylvania Judicial Ethics Advisory Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule.
The Supreme Court shall appoint a board
											  to be known as the "Pennsylvania Judicial Ethics Advisory Board" (the Board), which shall consist of thirteen
											  members: one judge of the Superior Court; one judge of the Commonwealth Court; four judges of the courts of
											  common pleas; one judge of the Philadelphia Municipal Court; four magisterial district judges who must be
											  members of the Pennsylvania bar; one member of the Pennsylvania bar who is not a judicial officer; and one
											  retired judge from any level of the judiciary. A majority of the Board shall constitute a quorum; action of
											  the Board shall be by majority vote of members attending. No member of the Board may be a member of the
											  Judicial Conduct Board or the Court of Judicial Discipline. The Supreme Court shall designate one member to
											  serve as Chair and another to serve as Vice-Chair. Chair and Vice-Chair appointments shall be for two-year
											  periods unless otherwise stated; eligible appointees for Chair and Vice-Chair positions shall have served as
											  Board members for at least one year.
(b)
Submissions from
											  Representative Courts and Judicial Organizations.
The President Judges of the Superior and
											  Commonwealth Courts shall submit to the Chief Justice the names of three candidates for each Board position
											  to be filled by a judge of their respective courts. The PCSTJ shall submit to the Chief Justice the names of
											  three candidates for each Board position to be filled by a judge of a common pleas court or a judge of the
											  Philadelphia Municipal Court. The SCJAP shall submit to the Chief Justice the names of three candidates for
											  each Board position to be filled by a magisterial district judge. The Supreme Court shall select appointees
											  for those positions from the names submitted. In the absence of submissions, the Supreme Court shall proceed
											  to fill the Board positions.
(c)
Terms and
											  Vacancies.
The first nine appointments to the Board shall be for staggered terms as follows: three
											  members appointed for six years, three members for four years, and three members for two years. The four
											  members appointed to expand the Board to thirteen members will be appointed to staggered terms as follows:
											  one member for six years, two members for four years, and one member for two years. Thereafter, a new
											  appointment to the Board shall be for a single six-year term. A vacancy shall be filled from the same
											  membership category using the same process from which the vacating member was appointed. Appointments to fill
											  a vacancy shall be for the balance of the term vacated.
Members who were appointed for an initial term of less than six
													 years, or who were appointed to fill a vacancy, shall be eligible for reappointment. However, no member shall
													 be reappointed more than once or serve as a member for more than 10 years.
(d)
Powers and Duties.
The Board shall have the authority
											  to:
(1) Render advisory opinions regarding proper judicial conduct under the
											  Codes. The Board may not issue an advisory opinion interpreting a judicial officer's obligations under any
											  provision of law that does not relate to judicial ethics.
(2)
											  Appoint an Executive Director and such other staff and experts as may from time to time be required to
											  perform properly the functions prescribed by orders of the Supreme Court and these rules.
(3) Adopt regulations pertaining to its processes, which regulations shall
											  not be inconsistent with these rules and shall be subject to approval by the Supreme Court.
(4) Develop a course of training in judicial ethics, which course shall be
											  subject to approval by the Judicial Education Board, and which must be completed by every Board member prior
											  to beginning service on the Board.
(5) Make recommendations to
											  the Supreme Court regarding amendments to the Codes and these rules.
(6) Make recommendations to the Continuing Judicial Education Board and the
											  Minor Judiciary Education Board regarding topics for judicial education.
(7) Undertake such other related duties as may be requested of the Board by
											  the Supreme Court.