reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 19 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › FILLING OF VACANCIES › Rule 1908 - Filling of vacancies

Current through Register Vol. 54, No. 28, July 13, 2024
When a court of common pleas is filling a vacancy to an
				  elected office under a statutory duty, the following procedures shall
				  apply:
(a) The Court shall receive
				applications from any interested candidates for the position pursuant to a
				deadline established by the court.
(b) The names of all candidates under
				consideration and any written application materials submitted by any candidate
				are public information and shall be made available to any member of the public
				upon request. The following items included in any written application materials
				shall not be publicly released: the candidate's Social Security number; the
				candidate's home address, personal telephone number, and personal email
				address; and information pertaining to the name, home address, or date of birth
				of children under 17 years of age.
(c) Selection shall be by a vote of the
				commissioned judges of the court, including the president judge. In the event
				of a tie vote, the president judge will cast the deciding vote.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 19 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › CRIMINAL, DISCIPLINARY, AND CIVIL MATTERS AGAINST JUDGES › Rule 1920 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
"Disciplinary matter." Any matter arising under Pa. Const.
				  Art. V, § 18.
"Judge." Includes any appointed or elected justice, judge or
				  magisterial district judge of the unified judicial system.
"Civil Litigation" or "Civil Matter." Any civil court case in
				  which a judge is sued in the judge's individual capacity, whether or not the
				  judge is otherwise sued in an official capacity.
"Criminal investigation or prosecution." Includes any offense
				  listed in
				  18 Pa.C.S. §
										106(a) and any other offense
				  if a person convicted thereof may be sentenced to a term of imprisonment. It
				  does not include parking violations or summary offenses, both traffic and
				  non-traffic, unless there is a likelihood that the sentence will be
				  imprisonment.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 19 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › CRIMINAL, DISCIPLINARY, AND CIVIL MATTERS AGAINST JUDGES › Rule 1921 - Notice to the Chief Justice and to the Judicial Conduct Board

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a judge receives notice that he or she is the
				  subject of any federal or state criminal investigation or prosecution through a
				  target letter, a subject letter, a presentment, an indictment, an arrest, a
				  summons, a complaint, or by any other legal process, the judge must report the
				  receipt of such notice in writing to the Chief Justice and to the Judicial
				  Conduct Board within five (5) days.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 19 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › CRIMINAL, DISCIPLINARY, AND CIVIL MATTERS AGAINST JUDGES › Rule 1922 - Counsel Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
The purpose of this rule is to establish standards
				and procedures under which the Court Administrator shall determine whether a
				judge may be reimbursed for the expense of attorney's fees incurred in
				connection with a criminal, disciplinary, or civil matter.
(b) Requirements, Standards, and Decisions.
(1)
Mandatory requirements.
A judge may be reimbursed for legal fees paid in the defense of a criminal
				action, disciplinary matter, or civil litigation only if the following criteria
				are met:
(i) Notice must be given to the
				Administrative Office within a reasonable time after charges are filed or civil
				litigation is commenced.
(ii) The
				criminal charges, allegations of judicial misconduct, or civil litigation must
				arise directly from the judge's performance of official duties.
(iii) for criminal and disciplinary matters,
				the judge must be acquitted of the crimes or misconduct charged or the charges
				must have been dismissed or
nolle prossed
. In civil
				litigation, the judge must have received a favorable adjudication on the merits
				or a favorable settlement, or must otherwise have prevailed on account of a
				withdrawal of the proceedings.
(iv)
				The legal expenses must be reasonable and necessary.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 19 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › CONTINUITY OF OPERATIONS, EMERGENCY ACTIONS, EMERGENCY UNITS AND JUDICIAL SECURITY › Rule 1950 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
Continuity of Operations
. Continuity of
				  operations is the process, during and following an emergency, by which a court
				  maintains at least minimum levels of service.
Court Facility
. Court facility includes the
				  courtrooms, judicial chambers, witness rooms, jury deliberation rooms, attorney
				  conference rooms, court administrative offices and any other office or space
				  under the control of or supervised by the judiciary.
Emergency.
An emergency is an event that
				  causes or threatens the destruction or partial destruction of court facilities,
				  significantly interrupts the performance of court operations, or poses a threat
				  to the health or safety of court personnel, court users or the public.
Emergency Action Plan
. A written document
				  providing guidance to and expectations of employees responding to various
				  emergency situations.
President Judge
. For the purposes of these
				  Rules, "president judge" refers to the president judge of the judicial
				  district.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 19 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › CONTINUITY OF OPERATIONS, EMERGENCY ACTIONS, EMERGENCY UNITS AND JUDICIAL SECURITY › Rule 1951 - Continuity of operations and emergency action plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Responsibility for Continuity of
				Operations and Emergency Action Plans
.
(1) The Court Administrator shall establish
				minimum standards and procedures for continuity of operations and emergency
				action plans. The standards shall include procedures for periodic review,
				including the procedures for conducting exercises to ensure the efficacy of the
				plan.
(2) The president judge has
				primary responsibility for planning for the continuity of operations in the
				event of an emergency, and for implementing such plans in his or her judicial
				district.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 19 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › CONTINUITY OF OPERATIONS, EMERGENCY ACTIONS, EMERGENCY UNITS AND JUDICIAL SECURITY › Rule 1952 - Emergency actions, duties and authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Role of Supreme Court
.
(1) In the event of an emergency that affects
				court operations in the Commonwealth or in one or more judicial districts, the
				Supreme Court shall have the authority to declare a judicial emergency
				generally or in any judicial district affected by the emergency.
(2) By the declaration of a judicial
				emergency, the Supreme Court may:
(A) suspend
				or modify statewide or local procedural or administrative court
				rules;
(B) suspend time
				calculations for the purposes of time computation relevant to court cases or
				other judicial business;
(C) direct
				a court to sit in a location other than its normal place of operations,
				including outside of its judicial district;
(D) assign judges or court personnel from
				outside the affected judicial district;
(E) authorize additional uses of advanced
				communication technology to conduct court proceedings;
(F) take any action listed in paragraph
				(b)(2)(A)-(R) for an individual or multiple judicial districts; and
(G) take any other necessary administrative
				action regarding judicial staff, court facilities and
				operations.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 19 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › CONTINUITY OF OPERATIONS, EMERGENCY ACTIONS, EMERGENCY UNITS AND JUDICIAL SECURITY › Rule 1953 - Emergency Regional Administrative Units

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within sixty (60) days of the adoption of
				this Rule, the Court Administrator shall recommend to the Supreme Court the
				number and designation of "emergency regional administrative units," ensuring
				that every judicial district in the Commonwealth is included within an
				"emergency regional administrative unit" with one or more neighboring judicial
				districts.
(b) In the event of an
				emergency affecting any court's operations, causing the partial or full
				implementation of a court's continuity of operations plan under Rule 1951
				(Continuity of Operations and Emergency Action Plans), or if the Supreme Court
				or president judge declares a judicial emergency under Rule 1952 (A)(1) or
				(B)(1) (Emergency Actions, Duties and Authorities), the president judge of the
				affected judicial district or districts may activate the respective emergency
				regional administrative unit by providing notice to the Court Administrator.
				Once activated, judges, and magisterial district judges may be temporarily
				assigned to another judicial district within the emergency regional
				administrative unit as if the judicial districts were operating within a unit
				created under Pa.R.J.A. 701(e) (Assignment of Judges to Courts).
(c) All judges and magisterial district
				judges assigned to another judicial district pursuant to this Rule shall have
				the same power and authority as that vested in a judge or magisterial district
				judge of that judicial district.
(d) Whenever a judge or magisterial district
				judge is assigned to another judicial district pursuant to this Rule, notice
				shall immediately be sent to the Court Administrator.
(e) All expenses of any jurist assigned to
				another judicial district pursuant to this Rule shall be reimbursed as provided
				by law.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 19 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › CONTINUITY OF OPERATIONS, EMERGENCY ACTIONS, EMERGENCY UNITS AND JUDICIAL SECURITY › Rule 1954 - Court security

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				president judge of each judicial district shall establish a local court
				security committee that shall meet at least twice per year. The president judge
				or designee shall chair the local court security committee. Local court
				security committee membership shall include, at a minimum, a member of the
				county executive branch, the district court administrator and a magisterial
				district judge. The duties of the local court security committee shall be to:
(1) develop, review and make recommendations
				to the president judge on protocols, policies and procedures necessary to
				protect the public, court personnel and court facilities in the event of an
				emergency, including the continuity of operations plan and emergency action
				plans;
(2) communicate the approved
				protocols, policies and procedures identified in paragraph (a)(1) to all court
				employees;
(3) review and assess
				the judicial district's security incident reports specified in paragraph (b)
				and recommend to the president judge appropriate actions; and
(4) develop and recommend to the president
				judge training programs for court employees on safety and security awareness.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 21 - ALLOCATION OF BUSINESS › DISTRIBUTION OF BUSINESS WITHIN COURTS OF COMMON PLEAS › Rule 2156 - Orphans' Court Division

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to other matters which by law are to be heard and
				  determined by the orphans' court division of a court of common pleas, the
				  division shall hear and determine the following matters:
(1) Nonprofit corporations: The
				administration and proper application of property committed to charitable
				purposes held or controlled by any domestic or foreign nonprofit corporation
				and all matters arising under Title 15 of the Pennsylvania Consolidated
				Statutes (relating to corporations and unincorporated associations) or
				otherwise where is drawn in question the application, interpretation or
				enforcement of any law regulating the affairs of nonprofit corporations holding
				or controlling any property committed to charitable purposes, or of the
				members, security holders, directors, officers, employees or agents thereof, as
				such.
"Property committed to charitable purposes" means all
				  property committed to the relief of poverty, the advancement of education, the
				  advancement of religion, the promotion of health, governmental or municipal
				  purposes, and other purposes the accomplishment of which is beneficial to the
				  community, except that the term does not include the property of any inter
				  vivos trust jurisdiction of which was acquired by the court of common pleas
				  prior to January 1, 1969 unless the president judge of the court orders the
				  matter to be heard and determined in the orphans' court division.
(2) Cemetery companies: Matters
				relating to cemetery companies under Title 9 of the Pennsylvania Consolidated
				Statutes (relating to burial grounds).
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 21 - ALLOCATION OF BUSINESS › DISTRIBUTION OF BUSINESS WITHIN COURTS OF COMMON PLEAS › Rule 2157 - Proceedings pursuant to Abortion Control

Current through Register Vol. 54, No. 28, July 13, 2024
Jurisdiction in proceedings filed pursuant to Section 3206 of
				  the Act of June 11, 1982, P. L. 476, No. 138, as amended, known as the
				  "Abortion Control Act," shall be in the Orphans' Court Division of the Court of
				  Common Pleas, except in Philadelphia, where proceedings involving minors shall
				  be in the Family Court Division and except in Allegheny County where such
				  proceedings shall be heard in the Juvenile Court Section of the Family
				  Division. All proceedings under the Act shall be in conformity with Supreme
				  Court Orphans' Court Rule 16.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4001 - Scope of Rules and Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
			 These rules shall govern the making, preserving and transcribing of the record
			 of proceedings in the judicial districts within the Unified Judicial
			 System.
(B) Because complete and
			 verbatim notes of testimony and transcripts are integral to the official record
			 of court proceedings, it is the policy of the Unified Judicial System to ensure
			 that (1) qualified court reporting services are available in each judicial
			 district and that court reporters are fairly compensated, (2) transcripts are
			 timely produced and are affordable to all parties, and (3) efficient
			 technologies are employed to reduce litigation costs and conserve public
			 resources.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4004 - Qualifications of Court Reporters and Court Recorders

Current through Register Vol. 54, No. 28, July 13, 2024
(A) No person shall be employed or utilized
			 by a court as a court reporter or court recorder unless approved by the
			 president judge or his or her designee as meeting the minimum criteria set
			 forth in subdivision (B)(1), (B)(2), or (C) except:
(1) those persons already employed or
			 utilized by a court at the time of the adoption of these rules or
(2) those court reporters who hold and
			 maintain a professional certification.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4006 - Employment and Duties of Court Reporting Personnel

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The president judge or his or her
			 designee shall select, appoint, and supervise court reporting personnel for the
			 district. The number of court reporting personnel in any district shall be
			 adequate to support the full and unrestricted operation of the
			 courts.
(B) The president judge or
			 his or her designee shall assign court reporting personnel in a manner as to
(1) cover all proceedings and timely produce
			 all transcripts; and
(2)
			 substantially equalize the workload of recording testimony, and of transcript
			 production and generating fees.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4007 - Requests for Transcripts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
			 All requests for transcripts shall be set forth on a standardized form provided
			 by the Court Administrator or a form prepared by the judicial district and
			 approved by the Court Administrator. The form shall indicate the current rates
			 authorized to be charged for transcripts under these rules.
(b) For an ordinary transcript, the party
			 requesting a full or partial transcript of a trial or other proceeding shall
			 file the original request with the district court administrator or other
			 appropriate filing office of the court. The requesting party shall also serve
			 copies of the formal request to:
(1) the
			 judge presiding over the matter;
(2) the court reporter, court recorder, or
			 transcriptionist;
(3) the district
			 court administrator or the district court administrator's designee (if not
			 filed with the district court administrator); and
(4) opposing counsel, but if not represented,
			 the opposing party.
The provisions of subdivision (b) do not apply to requests by
				the Judicial Conduct Board.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4008 - Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
Costs
(1) The costs payable
			 by a requesting party, other than the Commonwealth or a subdivision thereof,
			 for an original transcript in an electronic format shall not exceed:
(a) for a transcript for which an accelerated
			 delivery is not requested, $2.50 per page;
(b) for an expedited transcript, $3.50 per
			 page;
(c) for a daily transcript,
			 $4.50 per page; and
(d) for same
			 day delivery, $6.50 per page.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4009 - Fees and Procedures. Local Rule

Current through Register Vol. 54, No. 28, July 13, 2024
Each judicial district shall promulgate and publish a local
				rule establishing the fees to be paid for all court reporting products, the
				procedure for requesting a transcript, and the procedure for requesting a full
				or partial fee waiver pursuant to Rule 4008(B).
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4010 - Format of Transcript

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
			 The format of paper transcripts shall be as follows:
(1) No fewer than 25 typed lines on standard
			 8-1/2 x 11 paper.
(2) No fewer than
			 nine or 10 characters to the typed inch.
(3) Left-hand margin to be set at no more
			 than 1-3/4 inches.
(4) Right-hand
			 margin to be set at no more than 3/8 inch.
(5) Each question and answer to begin on a
			 separate line.
(6) Each question
			 and answer to begin no more than five spaces from the left-hand margin with no
			 more than five spaces from the Q and A to the text.
(7) Carry-over Q & A lines to begin at
			 the left-hand margin.
(8) Colloquy
			 material to begin no more than 15 spaces from the left-hand margin, with
			 carry-over colloquy to the left-hand margin.
(9) Quoted material to begin no more than 15
			 spaces from the left-hand margin, with carry-over lines to begin no more than
			 10 spaces from the left-hand margin.
(10) Parentheticals and exhibit markings to
			 begin no more than 15 spaces from the left-hand margin, with carry-over lines
			 to begin no more than 15 spaces from the left-hand margin.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4011 - Deadline for Delivery of Transcript

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Unless otherwise ordered by the court,
			 the court reporter or transcriptionist shall deliver the transcript for those
			 cases under appeal within 14 days of receiving notice from the district court
			 administrator or the court's designee, as required by Pa.R.A.P.
			 1922(a).
(B) The court reporter or
			 transcriptionist shall deliver transcripts for all other requests within 30
			 calendar days of receiving notice from the district court administrator or the
			 court's designee, as provided by Rule 4007, unless an accelerated time frame is
			 mandated by court order, law or local rule.
(C) For requests made by a party required to
			 post a deposit under Rule 4007, the 30-day period for delivery of the
			 transcript shall not commence until the Rule 4007 deposit is received by the
			 court. In those cases involving economic hardship under Rule 4008, the 30-day
			 period for delivery of the transcript shall not commence until disposition of
			 the application for waiver or reduction of costs. In cases where a reduction of
			 costs is granted, the time frame commences once the reduced deposit is received
			 by the court.
(D) The court
			 reporter or transcriptionist, upon a showing of good cause to the president
			 judge, may request an extension of the deadline for a period of time not to
			 exceed an additional 30 days. In no case shall more than one extension be
			 granted.
(E) Transcripts prepared
			 pursuant to the Children's Fast Track Appeal program shall be given
			 priority.
(F) Requests for
			 transcripts unrelated to cases under appeal or in cases where no court order
			 has been entered directing transcription shall not be given priority. However,
			 in any event such transcripts shall be filed and delivered within 45 days,
			 absent an extension for good cause approved by the President Judge.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4012 - Sanctions for Delayed Transcript

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The president judge may take disciplinary
			 action against any court reporter, court recorder, or transcriptionist where
			 noncompliance with these Rules impedes the prompt administration of justice,
			 whether by protracted delinquency in a single case or by engaging in a pattern
			 of delinquency in a number of cases.
(B) The Court Administrator shall notify the
			 Supreme Court of Pennsylvania of instances of unreasonable delay in preparing
			 transcripts. The Court Administrator may recommend imposition of sanctions,
			 including disqualification of individual court reporters, court recorders or
			 transcriptionists.
(C) The
			 president judge shall ensure that the number, proficiency and organization of
			 court reporting personnel in any district are adequate to support the full and
			 unrestricted operation of the court. When transcript delay is caused by an
			 insufficient supply of qualified court reporters or other resources, or
			 inefficient management of the court reporting operation, the Supreme Court may
			 direct the president judge to take immediate corrective actions.
(D) An appellate court may enter an order to
			 compel the preparation, filing and transmission of the transcript and may take
			 disciplinary action including contempt of court or reduction of fees when the
			 failure of a court reporter, court recorder, or transcriptionist to complete
			 the transcript within the time imposed by these rules or by court order delays
			 transmission of the complete record to the appellate court.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4013 - Certification of Transcript

Current through Register Vol. 54, No. 28, July 13, 2024
Court reporting personnel who take the notes, record or
				transcribe a proceeding shall certify that the transcript of proceedings is
				true and correct and meets the format specifications established by the Supreme
				Court of Pennsylvania in Rule 4010. When more than one person was engaged in
				the production of the transcript, each shall certify as to his or her
				contribution.
(D) An appellate court
			 may enter an order to compel the preparation, filing and transmission of the
			 transcript and may take disciplinary action including contempt of court or
			 reduction of fees when the failure of a court reporter, court recorder, or
			 transcriptionist to complete the transcript within the time imposed by these
			 rules or by court order, delays transmission of the complete record to the
			 appellate court.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4014 - Redaction of Personal Data Identifiers

Current through Register Vol. 54, No. 28, July 13, 2024
(A) On its own motion, or upon motion of any
			 party, the court may order the court reporter, court recorder, or
			 transcriptionist preparing the transcript to redact confidential, personal
			 and/or financial data and other identifiers and any information listed in
			 Section 7.0 of the
Case Records
			 Public Access Policy of the Unified Judicial System of
			 Pennsylvania
.
(B)
			 Information that is redacted shall, unless otherwise directed by the court,
			 appear in transcripts that are provided to the court and to the parties, but
			 not in any transcript filed in the appropriate filing office or provided to any
			 other requestor. The unredacted version of the transcript shall be filed under
			 seal in the appropriate filing office.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4015 - Ownership of Notes

Current through Register Vol. 54, No. 28, July 13, 2024
Notes of testimony of court proceedings, stenographic notes,
				tapes, rough draft transcripts or other media used by court reporting personnel
				to record or monitor a proceeding in or for a court as well as any
				transcriptions thereof, are the exclusive property of the judicial
				district.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 40 - UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS › Rule 4016 - Storage and Retention

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
			 Each judicial district shall make provision for the archiving, storage and
			 retention of transcribed and untranscribed notes of testimony, rough draft
			 transcripts, reporter and recorder log notes, tapes, other electronic or
			 digital audio files, and any hardware, software, tools or dictionaries
			 necessary for proper transcription.
(B) Notes of testimony and other materials
			 specified in subdivision (A) shall be retained in compliance with the
Record Retention and Disposition Schedule with Guidelines
adopted by the Supreme Court.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 51 - CUSTODY OF EXHIBITS IN COURT PROCEEDINGS › Rule 5101 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
			 words and phrases when used in these rules shall have the following meanings,
			 unless the context clearly indicates otherwise, or the particular word or
			 phrase is expressly defined in the chapter in which the particular rule is
			 included:
(1) "
Court
			 Proceeding
." Any trial, hearing, argument or similar event before a
			 judge, panel, or hearing officer where evidence, if entered, is on the record.
			 It does not include a proceeding before a magisterial district court, a
			 non-record proceeding before the Philadelphia Municipal Court, a judicial
			 arbitration matter pursuant to Pa.R.Civ.P. 1301
et seq.
, a
			 hearing before a register of wills pursuant to Pa.R.O.C.P. 10.3, or any matter
			 that is not a record proceeding;
(2) "
Custodian
." The person
			 or persons designated by local rule of judicial administration to safeguard and
			 maintain exhibits offered into evidence in a court proceeding. The custodian
			 shall either be a member of court staff,
e.g.
, court
			 reporter, clerk of court, hearing officer, or the proponent of the exhibit.
			 Custodian shall also include the custodian's designee;
(3) "
Exhibit
." A document,
			 record, object, photograph, model, or similar item offered into evidence,
			 whether or not admitted, in a court proceeding;
(4) "
Judicial District
." A
			 geographic area established by the General Assembly of Pennsylvania in which a
			 court of common pleas is located;
(5) "
Local Rule
." A local
			 rule of judicial administration, however titled, adopted by a judicial district
			 pursuant to Pa.R.J.A. 103(c) or an Internal Operating Procedure adopted by an
			 appellate court;
(6)
			 "
Proponent
." A party seeking the admission of an exhibit into
			 the record in a court proceeding; and
(7) "
Records office
." The
			 entity with the responsibility and function to maintain and retain the official
			 case file and list of docket entries as required by rule or law.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 51 - CUSTODY OF EXHIBITS IN COURT PROCEEDINGS › Rule 5102 - Custody of Exhibits. General Provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
During Court
			 Proceedings.
By local rule, either a member of court staff or the
			 proponent may be designated as the custodian during a court proceeding. The
			 custodian shall secure and maintain all exhibits during a court proceeding,
			 including breaks and recesses, unless otherwise provided in Pa.R.J.A.
			 5103(c)-(d).
(b)
After
			 Court Proceedings.
By local rule, either a member of court staff or
			 the proponent may be designated as the custodian after court proceedings have
			 concluded.
(1)
Custodian.
The custodian shall:
(i) retain or take
			 custody of all documentary exhibits, photographs, and photographs of
			 non-documentary exhibits accepted or rejected during the court
			 proceeding;
(ii) file all
			 documentary exhibits, photographs, and photographs of non-documentary exhibits
			 with the records office within five business days of the conclusion of the
			 court proceeding unless otherwise directed by the court; and
(iii) secure and maintain all other
			 non-documentary exhibits as:
(A) directed by
			 the court; or
(B) agreed to by the
			 parties.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 51 - CUSTODY OF EXHIBITS IN COURT PROCEEDINGS › Rule 5103 - Custody of Exhibits. Special Provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Documentary Exhibits.
(1) If a proponent offers into evidence an
			 exhibit such as a letter, report, drawing, map, photograph, or other document
			 that is larger in size than 8-1/2 x 11 inches, the proponent shall ensure that
			 a copy of the document reduced to 8-1/2 x 11 inches (or smaller) is entered
			 into the record.
(2) A proponent
			 who provides a reduced copy of an oversized exhibit shall ensure that the
			 reproduced document is clear and capable of further reproduction or transfer to
			 digital media.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 51 - CUSTODY OF EXHIBITS IN COURT PROCEEDINGS › Rule 5104 - Local Rule. Prohibition

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Content of Local Rule.
Every judicial district shall
			 promulgate a local rule of judicial administration pursuant to Pa.R.J.A. 103(c)
			 establishing the judicial district's policies and procedures for the custody of
			 exhibits in court proceedings. The local rule shall:
(1) designate the custodian to safeguard and
			 maintain exhibits introduced in a court proceeding;
(2) establish standards to ensure exhibits
			 are filed with the records office for incorporation into the docket no later
			 than five business days after the end of the court proceeding;
(3) establish standards for the reproduction
			 of oversized or voluminous documentary exhibits; and
(4) establish standards for the maintenance
			 and security of bulky or oversized non-documentary exhibits during and after
			 the court proceeding.
Pennsylvania Code › Title 201 - RULES OF JUDICIAL ADMINISTRATION › Chapter 51 - CUSTODY OF EXHIBITS IN COURT PROCEEDINGS › Rule 5105 - Confidentiality. Exhibits Under Seal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an exhibit offered into evidence
			 contains confidential information or confidential documents as defined in the
Case Records Public Access Policy of the Unified Judicial System of
			 Pennsylvania
("Policy"), the proponent shall give a copy of the
			 exhibit and a certification prepared in compliance with the Policy and any
			 related local rule to the records office no later than five days after the
			 conclusion of the court proceeding.
(b) Any exhibit sealed by the court during
			 the court proceeding shall not be accessible to the public.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part I - PRELIMINARY PROVISIONS › Chapter 1 - CERTIFYING ORGANIZATIONS › Section 1.1 - Certifying Organizations

Current through Register Vol. 54, No. 28, July 13, 2024
The following have been accredited as certifying
				  organizations:
Name of Certifying
							 Organization
Date Order
							 Filed
Period
American Board of Certification
(creditor's rights law)
September 10,
							 1999
5
National Board of Trial Advocacy
(civil, criminal and family law
							 advocacy)
June 1, 2004
5
National Elder Law Foundation
(elder law)
January 26, 2005
5
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 101 - Title and Citation

Current through Register Vol. 54, No. 28, July 13, 2024
These Rules shall be known as the Pennsylvania Continuing
				  Judicial Education Rules ("Rules") and may be cited as "Pa.C.J.E. Rule
				  ___."
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 201 - Continuing Judicial Education Board of Judges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Continuing Judicial Education Board
				of Judges ("Board") is that body first established by the Supreme Court under
				its Order of December 9, 2016, No. 719 Supreme Court Rules Docket, and as
				hereinafter continuing under these rules.
(b) The primary purpose of the Board is to
				guide the development and delivery of continuing judicial education to judges
				serving the Commonwealth's Unified Judicial System.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 202 - Composition and Terms of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Board shall consist of twelve (12) members appointed by the Supreme Court.
				Eight (8) shall be jurists serving one of the Commonwealth's courts governed by
				these rules.
(b) The Supreme Court
				shall appoint from the members of the Board a chair and a vice chair. The Board
				may designate such other officers and form such other committees as it deems
				appropriate.
(c) The terms of the
				first Board shall be staggered so that four (4) members shall be appointed for
				three (3) year terms, four (4) members for two (2) year terms, and four (4)
				members for one (1) year terms.
(d)
				The regular term of members of the Board shall be for three (3) years, and no
				member may serve for more than two (2) consecutive three (3) year
				terms.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 203 - Compensation, Expenses, and Immunity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Board members shall receive no
				compensation for services provided under these rules, but they shall be
				reimbursed by the Board for their reasonable and necessary expenses in
				attendance at meetings and in otherwise fulfilling their
				responsibilities.
(b) The Board,
				and its members, employees and agents are immune from all civil liability for
				conduct and communications occurring in the performance of their official
				duties relating to the administration of the continuing judicial education
				requirements.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 204 - Powers and Duties of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
The Board is authorized:
(a) To administer these rules, and to act as
				ordered, directed, or requested by the Supreme Court;
(b) to adopt and administer Regulations and
				procedures consistent with these rules;
(c) to accredit providers of CJE;
(d) to approve CJE credits;
(e) to audit, examine, inspect, and review
				the operations of providers, including instructors, classes, curricula,
				teaching materials and facilities, to assure compliance with these
				rules;
(f) to determine if judges
				are in compliance with these rules and to hear appeals from determinations of
				noncom-pliance;
(g) to hear and
				decide requests from judges for waivers, extensions, or deferments from the
				requirements set forth in these rules;
(h) to extend any time period prescribed in
				these rules;
(i) to undertake all
				reasonable action to implement these rules;
(j) to delegate to the Department or Board
				staff ministerial functions as necessary and appropriate to administer these
				rules; and
(k) to vote upon all
				matters requiring action by the Board. The manner of making and debating
				motions and determining the votes necessary for Board action, shall be decided
				by the Chair, unless overridden by a majority of the members that constitute a
				quorum.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 205 - Quorum and Votes

Current through Register Vol. 54, No. 28, July 13, 2024
A minimum of seven (7) Board members participating in a
				  meeting shall constitute a quorum. The Board shall act only with a majority of
				  those participating, but no less than five (5). A quorum may be established
				  with the participation of members by teleconference. The Board may adopt rules
				  providing for the holding of teleconference meetings.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 206 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
The files, records, and proceedings of the Board shall be
				  deemed confidential and shall only be disclosed:
(a)
(1) to
				the Supreme Court;
(2) in
				furtherance of the duties of the Board;
(3) upon request of the judge
				affected;
(4) as they may be
				introduced in evidence or otherwise produced in proceedings under these rules,
				or as may be requested by the Judicial Conduct Board; or
(5) as ordered by the Board.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 301 - Continuing Judicial Education Requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each judge shall annually complete a
				minimum of three (3) hours of continuing education in judicial ethics and a
				minimum of nine (9) hours of continuing education in judicial practice and
				related areas as defined by the Board.
(b) Every newly elected or appointed judge
				serving the Commonwealth's Courts of Common Pleas and the Philadelphia
				Municipal Court shall attend New Judge School administered by the Department in
				its entirety at his or her first opportunity. This requirement shall be in
				addition to the annual requirements described herein.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 302 - Course Attendance and Alternatives

Current through Register Vol. 54, No. 28, July 13, 2024
The CJE requirement must be fulfilled by attending the
				  required number of CJE courses delivered by the Supreme Court, accredited
				  providers, approved non-accredited courses, and other teaching or alternative
				  education activities approved by the Board as sufficient to meet the annual CJE
				  requirements.
(a)
Courses
				Offered by the Department
. Four (4) of the annual credits shall be
				earned through courses developed by or under the supervision of the
				Department.
(b)
Teaching or
				Alternative Education Activity
. Four (4) of the annual credit
				requirements may be earned through Board-approved teaching or alternative
				education activities.
(c)
Distance Education
. Four of the annual credit requirements may
				be earned through approved distance education. Credits earned through courses
				presented by the Department are not subject to this annual credit
				limitation.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 303 - Standards for Approved Courses or Activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is presumed that all judges are
				competent with respect to judicial practice. Courses or activities should be
				designed to enhance a judge's knowledge base.
(b) Continuing judicial education must, to
				the greatest extent possible, address the distinct educational needs of judges
				and should ordinarily be delivered to an audience consisting exclusively or
				primarily of judges.
(c) Applicants
				seeking approval for CJE credit must be able to demonstrate to the Board how
				the course or activity enhances a judge's judicial practice through judicial
				education.
(d) Under limited
				circumstances, the Board may approve credit for attending a continuing
				education course or activity intended for both judges and others. However, a
				provider or judge who seeks approval to designate a continuing education course
				or activity for CJE credit must be able to satisfy the Board as to (1) how such
				a course or activity enhances a judge's judicial practice through judicial
				education, and (2) why the course or activity is an appropriate exception to
				the general rule that CJE courses should be delivered exclusively or primarily
				to judges.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 305 - Alternative Education Activity Accreditation Standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Alternative education activities may
				qualify for credit if they are consistent with the provisions of these rules,
				and subject to the following specific terms and conditions:
(1)
Individual Approval
				Required
. Each alternative education and teaching activity for which
				CJE credit is sought must be approved by the Board for credit.
(2)
Requests for Approval
. A
				judge should request Board approval for alternative education activities or
				teaching activities sixty (60) days prior to the activity, but in all events a
				judge must request such approval no more than thirty (30) days after completing
				the activity in order for the request to be considered.
(3)
Evaluations
. The
				provisions of Rule 402 regarding evaluations may apply to alternative education
				activities, if appropriate, as determined by the Board.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 306 - Credit for Courses or Activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Credit will be given only for completion
				of courses or activities which are accredited or approved by the
				Board.
(b) Judges must be
				physically present at a course or activity to earn credit, unless participating
				by distance education. Distance education, including, but not limited to,
				simulcast, computer-based, and teleconference may be approved for credit
				provided they meet the interactive and technical requirements of the
				Board.
(c) One (1) hour of credit
				will be awarded for each sixty (60) minutes of substantive
				programming.
(d) No provider shall
				schedule a class for less than sixty (60) minutes, but one-half hour credit
				shall be awarded for attendance of at least thirty (30) minutes but less than
				sixty (60) minutes beyond the initial sixty (60) minutes. Increments of less
				than thirty (30) minutes will not be awarded credit. However, single course
				offerings that span over a number of hours may have credit time aggregated for
				the purpose of credit calculations, excluding time for breaks.
(e)
Carry Forward Credits
. A
				judge may carry forward for one (1) year a balance of credit hours in excess of
				the current annual requirements, and they shall retain their character as such
				for that succeeding reporting year.
(f)
Excess Credits for
				Ethics
. Credits for judicial ethics in excess of the annual
				requirement may be either carried forward to the following year, or applied
				toward remaining annual CJE requirements, except they may not be substituted
				for Department-required courses.
(g) If a course or activity is approved for
				both substantive and ethics credit, a judge must be present for the entire
				course to be eligible for the ethics credit.
(h) Credit will only be given for the first
				time a course or activity is attended or taught in any compliance
				year.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 307 - Courses by the Judicial Education Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Courses offered by the Department shall
				be designed by or under the supervision of the Department with general
				oversight by the Board.
(b)
				Department courses shall be designed so as to enhance the basic program
				requirements established under these rules.
(c) The Department shall ensure that a
				sufficient number of courses and locations are reasonably available to enable
				judges to comply with Rule 302(a) (Courses Offered by the
				Department).