reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 3 - A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.15 - Reporting Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
					 judge shall publicly report the amount or value of:
(1) compensation received for extrajudicial
					 activities as permitted by Rule 3.12;
(2) gifts and other things of value as
					 permitted by Rule
					 3.13(C), unless
					 the value of such items, alone or in the aggregate with other items received
					 from the same source in the same calendar year, does not exceed $250;
					 and
(3) reimbursement of expenses
					 and waiver of fees or charges permitted by Rule
					 3.14(A), unless
					 the amount of reimbursement or waiver, alone or in the aggregate with other
					 reimbursements or waivers received from the same source in the same calendar
					 year, does not exceed $650.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 4 - A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary › Rule 4.1 - Political and Campaign Activities of Judges and Judicial Candidates in General

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
					 Except as permitted by Rules
					 4.2,
					 4.3, and
					 4.4, a judge or a judicial
					 candidate shall not:
(1) act as a leader in,
					 or hold an office in, a political organization;
(2) make speeches on behalf of a political
					 organization or a candidate for any public office;
(3) publicly endorse or publicly oppose a
					 candidate for any public office;
(4) solicit funds for, pay an assessment to,
					 or make a contribution to a political organization or a candidate for public
					 office;
(5) attend or purchase
					 tickets for dinners or other events sponsored by a political organization or a
					 candidate for public office;
(6)
					 use or permit the use of campaign contributions for the private benefit of the
					 judge or others;
(7) personally
					 solicit or accept campaign contributions other than through a campaign
					 committee authorized by Rule 4.4;
(8) use court staff, facilities, or other
					 court resources in a campaign for judicial office;
(9) knowingly or with reckless disregard for
					 the truth make any false or misleading statement;
(10) make any statement that would reasonably
					 be expected to affect the outcome or impair the fairness of a matter pending in
					 any court;
(11) engage in any
					 political activity on behalf of a political organization or candidate for
					 public office except on behalf of measures to improve the law, the legal
					 system, or the administration of justice; or
(12) in connection with cases, controversies
					 or issues that are likely to come before the court, make pledges, promises, or
					 commitments that are inconsistent with the impartial performance of the
					 adjudicative duties of judicial office.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 4 - A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary › Rule 4.2 - Political and Campaign Activities of Judicial Candidates in Public Elections

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A judicial
					 candidate in a public election shall:
(1) act
					 at all times in a manner consistent with the independence, integrity, and
					 impartiality of the judiciary;
(2)
					 comply with all applicable election, election campaign, and election campaign
					 fundraising laws and regulations of this jurisdiction;
(3) review and approve the content of all
					 campaign statements and materials produced by the candidate or his or her
					 campaign committee, as authorized by 4.4, before their dissemination;
					 and
(4) take reasonable measures to
					 ensure that other persons do not undertake on behalf of the candidate
					 activities, other than those described in 4.4, that the candidate is prohibited
					 from doing by this Rule.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 4 - A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary › Rule 4.3 - Activities of Candidates for Appointive Judicial Office

Current through Register Vol. 54, No. 28, July 13, 2024
A candidate for appointment to judicial office
						may:
(A) communicate with the
					 appointing or confirming authority, including any selection, screening, or
					 nominating commission or similar agency; and
(B) seek endorsements for the appointment
					 from any person or organization.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 4 - A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary › Rule 4.4 - Campaign Committees

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
					 judicial candidate subject to public election may establish a campaign
					 committee to manage and conduct a campaign for the candidate, including
					 seeking, accepting, and using endorsements from any person or organization,
					 subject to the provisions of this Code. The candidate shall take reasonable
					 steps to cause his or her campaign committee to comply with applicable
					 provisions of this Code and other applicable law.
(B) A judicial candidate subject to public
					 election shall take reasonable steps to cause the judge's campaign committee:
(1) to solicit and accept only such campaign
					 contributions as are permitted by law or Rule;
(2) not to solicit or accept contributions
					 earlier than immediately after the General Election in the year prior to the
					 calendar year in which a person may become a candidate for such office, and all
					 fundraising activities in connection with such judicial campaign shall
					 terminate no later than the last calendar day of the year in which the judicial
					 election is held; and
(3) to comply
					 with all applicable statutory requirements for disclosure and divestiture of
					 campaign contributions, and to file with the Secretary of the Commonwealth a
					 report stating the name, address, occupation, and employer of each person who
					 has made campaign contributions to the committee in an aggregate value
					 exceeding $250 and the name and address of each person who has made campaign
					 contributions to the committee in an aggregate value exceeding $50. The report
					 must be filed not later than thirty days following an election, or within such
					 other period as is provided by law.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 4 - A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary › Rule 4.5 - Activities of Judges Who Become Candidates for Nonjudicial Office

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Upon becoming a candidate for a
					 nonjudicial elective office, a judge shall resign from judicial office, unless
					 permitted by law to continue to hold judicial office.
(B) Upon becoming a candidate for a
					 nonjudicial appointive office, a judge is not required to resign from judicial
					 office, provided that the judge complies with the other provisions of this
					 Code.
(C) Notwithstanding Rule
					 4.5(A) and (B) a
					 judge may continue to hold a judicial office while being a candidate for
					 election to serve or while serving as a delegate to a state constitutional
					 convention if the judge is otherwise permitted by law to do so.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › Application

Current through Register Vol. 54, No. 28, July 13, 2024
(1) The provisions
				  of this Code shall apply to all judges as defined in paragraph (2)
infra
.
(2) A judge
				  within the meaning of this Code is any one of the following judicial officers
				  who perform judicial functions, whether or not a lawyer: all Supreme Court
				  Justices; all Superior Court Judges; all Commonwealth Court Judges; all Common
				  Pleas Court Judges; all judges of the Philadelphia Municipal Court, except for
				  Traffic Division; and all senior judges as set forth in (3)
infra
.1
(3) All senior judges, active or eligible for
				  recall to judicial service, shall comply with the provisions of this Code;
				  provided however, a senior judge may accept extra-judicial appointments which
				  are otherwise prohibited by Rule
				  3.4 (Appointments to Governmental
				  Positions and Other Organizations); and incident to such appointments a senior
				  judge is not required to comply with Rule
				  3.2 (Appearances Before
				  Governmental Bodies and Consultation with Government Officials). However,
				  during the period of such extrajudicial appointment the senior judge shall
				  refrain from judicial service.
(4)
				  Canon 4 (governing political and campaign activities) applies to all judicial
				  candidates.
(5) This Code shall not
				  apply to magisterial district judges and judges of the Philadelphia Municipal
				  Court, Traffic Division.2
1  Though not covered by this
					 Code, there is a Code of Conduct for Employees of the Unified Judicial System
					 ("Employee Code"). It applies to "employees" defined as, "Employees of the
					 Unified Judicial System" and includes 1) all state-level court employees, and
					 2) all county-level court employees who are under the supervision and authority
					 of the President Judge of a Judicial District of Pennsylvania, unless otherwise
					 indicated by Supreme Court order or rule. This Code and the Employee Code do
					 not apply to nonemployee special masters, commissioners, and judges
pro
					 tem
.
2 Specific rules governing
					 standards of conduct of magisterial district judges, and judges of the
					 Philadelphia Municipal Court, Traffic Division, are set forth in the Supreme
					 Court Rules Governing Standards of Conduct of Magisterial District
					 Judges.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter B - FORMAL OPINIONS › Section 99-2 - Reporting Suspected Tax Evasion

Current through Register Vol. 54, No. 28, July 13, 2024
What, if any, is the responsibility of a trial judge to
					 report suspected tax evasion to the appropriate tax authority?
This question was asked of the Committee by the
					 administrative judge of a large metropolitan family court on behalf of the
					 judges of that court. Recognizing the statewide implications of the inquiry,
					 the Committee has decided to issue a formal opinion in this matter.
The Code of Judicial Conduct does not mandate reports of
					 suspected tax evasion to tax authorities. The only mandatory reporting
					 provision in the Code provides that:
A judge should take or initiate appropriate disciplinary
					 measures against a judge or lawyer for unprofessional conduct of which the
					 judge may become aware.
Clearly, this provision of the Canons does not apply to
					 suspected tax evasion or fraud. The court is not an agent of the tax
					 authorities.
In cases of obvious and egregious fraud, a judge should
					 consider the possibility that his or her failure to report the fraud may
					 undermine confidence in the integrity of the judiciary.
Canon 2 provides that:
A judge should respect . . . the law and should conduct
					 himself at all times in a manner that promotes public confidence in the
					 integrity . . . of the judiciary.
The decision as to whether and when a case rises to such a
					 level must be made by the judge on a case-by-case basis.
If a judge makes a decision to report such facts to the
					 appropriate tax authority, it is the recommendation of the Committee that the
					 judge do simply that-report the facts without judgment.
At the end of the Code of Judicial Conduct is a section
					 entitled "Reliance on Advisory Opinions" which provides that although the
					 advisory opinions of the Judicial Ethics Committee are not binding upon the
					 [Judicial Conduct Board and the Court of Judicial Discipline] and the Supreme
					 Court of Pennsylvania, the opinions shall be taken into account in determining
					 whether discipline should be recommended or imposed. The "rule of reliance"
					 applies to this Formal Opinion. However, before engaging in contemplated
					 conduct, any judge who, out of an abundance of caution, desires a Committee
					 opinion which will provide advice about the judge's particular set of facts and
					 to which the "rule of reliance" will also apply, may submit an inquiry to a
					 member of the Committee, ordinarily, a member serving in the judge's Conference
					 zone.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter B - FORMAL OPINIONS › Section 00-1 - Signing Nominating Petitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Majority Opinion
.
The Committee has received several requests for advice
					 asking whether it is permissible for a judge to sign a candidate's nomination
					 petition. Because of the importance of this issue throughout the Commonwealth,
					 the Committee issues this Formal Opinion. A bare majority of the Committee is
					 of the opinion that signing a nomination petition is prohibited; a minority of
					 the Committee is of the opinion that signing a nomination petition is
					 permitted.
Candidates for elective office who wish to have their names
					 placed on the ballot for the primary election of a major political party must
					 obtain a certain number of signatures of the voters of the party on a
					 nomination petition.
See generally
25
					 P. S. sec 2862,
					 2869.
Code of Judicial Conduct 7A (1)(b) prohibits a judge or
					 candidate for judicial office from publicly endorsing a candidate for public
					 office except as authorized by section 7A (2). Code of Judicial Conduct 7A (2)
					 permits a judge holding an office filled by public election between competing
					 candidates, or a candidate for such office, among other things, "to speak on
					 behalf of any other judicial candidate for the same office."
Code of Judicial Conduct 7A (4) prohibits a judge from
					 engaging "in other political activity except on behalf of measures to improve
					 the law, the legal system, or the administration of justice."
A majority of the Committee joins the Florida Committee and
					 concludes that a judge may not sign a candidate's nomination petition. Florida
					 Committee on Standards of Conduct for Judges Opinion 92-32. A majority of the
					 Committee declines to follow other committees which have permitted
					 signing.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter B - FORMAL OPINIONS › Section 15-2 - Affiliation with Discriminatory Organizations

Current through Register Vol. 54, No. 28, July 13, 2024
A function of the Ethics Committee of the Pennsylvania
					 Conference of State Trial Judges ("the Committee") is to provide guidance
					 regarding ethical concerns to judicial officers subject to the Code of Judicial
					 Conduct. The Code of Judicial Conduct that became effective on July 1, 2014,
					 addressed, specifically, a judge's affiliation with organizations that
					 discriminate invidiously on the basis of race, sex, gender, religion, national
					 origin, ethnicity, disability or sexual orientation. The Committee issues this
					 Formal Advisory Opinion to assist judges on a matter of general importance to
					 judicial officers subject to the Code. This Formal Advisory Opinion is general
					 in nature. It does not address a particular entity or group of persons, and is
					 not in response to a specific request for an advisory opinion from a judicial
					 officer. Therefore, the "rule of reliance" set forth in Preamble (8) of the new
					 Code does not apply to this Formal Advisory
					 Opinion.1
I.
Prior to July 1, 2014, the Code of Judicial Conduct then in
					 effect simply encouraged judges to promote "public confidence in the integrity
					 and impartiality of the judiciary" and permitted judges to "participate in
					 civic and charitable activities that do not reflect adversely upon their
					 impartiality. . . ."2 It did not specifically
					 address membership in any organization or the use of its facilities.
However, the new Code, which became effective on July 1,
					 2014, addresses, specifically, a judge's affiliation with organizations that
					 discriminate invidiously on the basis of race, sex, gender, religion, national
					 origin, ethnicity, disability or sexual orientation. Rule
					 3.6 of the Code provides:
Affiliation with Discriminatory
					 Organizations.
(A) A judge
				  shall not hold membership in any organization that practices invidious
				  discrimination on the basis of race, sex, gender, religion, national origin,
				  ethnicity, disability or sexual orientation.
(B) A judge shall not use the benefits or
				  facilities of an organization if the judge knows or should know that the
				  organization practices invidious discrimination on one or more of the bases
				  identified in paragraph (A). A Judge's attendance at an event in a facility of
				  an organization that the judge is not permitted to join is not a violation of
				  this Rule when the judge's attendance is an isolated event that could not
				  reasonably be perceived as an endorsement of the organization's practices.
And Comment (3) to the Rule states:
When a judge learns that an organization to which the judge
					 belongs engages in invidious discrimination, the judge must resign immediately
					 from the organization.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 39 - GUIDELINES FOR ETHICAL CONDUCT IN JUDICIAL CAMPAIGNS › Section 39.1 - Basic guideline

Current through Register Vol. 54, No. 28, July 13, 2024
A basic guideline for judicial campaign conduct is honesty.
				  No candidate should knowingly state an untruth, or, through carelessness or
				  innuendo, misrepresent a fact. The candidate must be personally responsible for
				  the truth and propriety of campaign literature and he should first approve all
				  campaign advertisements, handbills, posters, releases to news media, scripts
				  for television and radio broadcasts and any other forms of literature issued by
				  others on his behalf.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 39 - GUIDELINES FOR ETHICAL CONDUCT IN JUDICIAL CAMPAIGNS › Section 39.2 - Qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The election of
				a candidate to judicial office should be based on individual competency and
				qualifications. Therefore, except for those seeking reelection on retention
				basis, it would be inappropriate to allow two candidates for judicial office to
				run joint campaigns. To do so would convey to the electorate the impression
				that, if voting for one, the voter should also vote for the other, or that the
				two candidates, if elected, will also share a unity of judicial thought and
				action. This is not to suggest that the candidate's party organization may not
				advertise the entire slate of candidates, including judges, but that the
				candidate's own campaign committee may not join forces with another judicial
				candidate's committee in the election campaign.
(b) The faithful and proper performance of
				his duties if elected being material, a candidate may discuss his
				qualifications and the qualifications of his opponent. He may pledge the
				faithful and proper performance of his duties, but should make no other
				promises of conduct in office. He should not state his views on disputed legal
				or political issues. He may discuss and criticize, in a dignified manner, the
				capabilities and experience of his opponent and his conduct in carrying out
				judicial duties. A judge must approach each case before him with an open mind
				and decide it on the basis of the evidence, the law and precedent. Thus, a
				candidate should not indicate what his decision would be should a particular
				case or type of case come before him, or what sentence he would pass on a
				defendant charged with a particular crime.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 39 - GUIDELINES FOR ETHICAL CONDUCT IN JUDICIAL CAMPAIGNS › Section 39.3 - Campaign methods

Current through Register Vol. 54, No. 28, July 13, 2024
The campaign should be conducted with the dignity and
				  integrity required of the office. There should be no references to ethnic
				  groups, religions, sex, political or other issues, which tend to stir up the
				  emotions or impugn the candidate's capabilities for functioning impartially and
				  without bias. There should be no dramatized presentations, either verbal or
				  pictorial, using props such as jail doors, guns, or any other indicia of
				  sensationalism. A candidate, who is an incumbent judge, may use his picture in
				  campaign material in judicial robes and may be pictured sitting on the Bench.
				  However, such a picture may be used only in campaign material limited to
				  statements of his candidacy and his qualifications for
				  office.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 39 - GUIDELINES FOR ETHICAL CONDUCT IN JUDICIAL CAMPAIGNS › Section 39.4 - Public appearances and endorsements

Current through Register Vol. 54, No. 28, July 13, 2024
A candidate may appear and speak in support of his candidacy
				  before civic, religious, ethnic, social and political groups, alone or in the
				  company of other candidates for elective office. However, he may not endorse or
				  speak on behalf of any other candidate for elective office, unless such
				  candidate is a candidate for a post in the same court.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 39 - GUIDELINES FOR ETHICAL CONDUCT IN JUDICIAL CAMPAIGNS › Section 39.5 - Financial aspects

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				financial aspects of a judicial campaign, other than those defined under
				Statute, are to be found in Canon 7B(2). Briefly, it proscribes solicitation
				and acceptance of funds personally by the candidate. All funds should be
				solicited and handled by committees appointed for the purpose. Solicitation may
				begin no earlier than thirty days before:
(1)
				The first day for filing nominating petitions; or
(2) the last day for filing a declaration of
				intention to seek re-election on a retention basis.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 39 - GUIDELINES FOR ETHICAL CONDUCT IN JUDICIAL CAMPAIGNS › Section 39.8 - Partison political activity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Judges who are not candidates for
				retention or election are also subject to restrictions of political conduct.
				Canon 7 states that "A Judge Should Refrain from Political Activity
				Inappropriate to His Judicial Office." A judge should not engage in partisan
				political activity because it creates the appearance of partiality and is
				inappropriate to judicial office. He may not hold office in a political
				organization, make speeches for a political party or candidate unless the
				candidate is seeking the same office, or publicly endorse a candidate for
				office.
(b) He may not solicit
				funds, make contributions or pay assessments to a political organization or
				candidate. He may not attend political gatherings or purchase tickets for party
				functions.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 39 - GUIDELINES FOR ETHICAL CONDUCT IN JUDICIAL CAMPAIGNS › Section 39.9 - Candidates for retention

Current through Register Vol. 54, No. 28, July 13, 2024
Candidates for retention are subject to Canon 7B(3), which is
				  quoted as follows:
(3) An incumbent
				judge who is a candidate retention in or reelection to office without a
				competing candidate may campaign and may obtain publicly stated support and
				campaign funds in the manner provided in subsection B(2).
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 › 1 - A magisterial district judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety › Rule 1.1 - Compliance with the Law

Current through Register Vol. 54, No. 28, July 13, 2024
A magisterial district judge shall comply with the law,
						including the Rules Governing Standards of Conduct of Magisterial District
						Judges.
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 › 1 - A magisterial district judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety › Rule 1.2 - Promoting Confidence in the Judiciary

Current through Register Vol. 54, No. 28, July 13, 2024
A magisterial district judge shall act at all times in a
						manner that promotes public confidence in the independence, integrity, and
						impartiality of the judiciary, and shall avoid impropriety and the appearance
						of impropriety.
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 › 1 - A magisterial district judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety › Rule 1.3 - Avoiding Abuse of the Prestige of Judicial Office

Current through Register Vol. 54, No. 28, July 13, 2024
A magisterial district judge shall not abuse the prestige
						of judicial office to advance the personal or economic interests of the
						magisterial district judge or others, or allow others to do so.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 2 - A magisterial district judge shall perform the duties of judicial office impartially, competently, and diligently › Rule 2.1 - Giving Precedence to the Duties of Judicial Office

Current through Register Vol. 54, No. 28, July 13, 2024
The duties of judicial office, as prescribed by law,
						shall ordinarily take precedence over a magisterial district judge's personal
						and extrajudicial activities.
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 2.2 - Impartiality and Fairness

Current through Register Vol. 54, No. 28, July 13, 2024
A magisterial district judge shall uphold and apply the
						law, and shall perform all duties of judicial office fairly and
						impartially.
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 2.3 - Bias, Prejudice, and Harassment

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
					 magisterial district judge shall perform the duties of judicial office,
					 including administrative duties, without bias or prejudice.
(B) A magisterial district judge shall not,
					 in the performance of judicial duties, by words or conduct manifest bias or
					 prejudice, or engage in harassment, including but not limited to bias,
					 prejudice, or harassment based upon race, sex, gender identity or expression,
					 religion, national origin, ethnicity, disability, age, sexual orientation,
					 marital status, socioeconomic status, or political affiliation, and shall not
					 permit court staff, court officials, or others subject to the magisterial
					 district judge's direction and control to do so.
(C) A magisterial district judge shall
					 require lawyers in proceedings before the court to refrain from manifesting
					 bias or prejudice, or engaging in harassment, based upon attributes including
					 but not limited to race, sex, gender identity or expression, religion, national
					 origin, ethnicity, disability, age, sexual orientation, marital status,
					 socioeconomic status, or political affiliation, against parties, witnesses,
					 lawyers, or others.
(D) The
					 restrictions of paragraphs (B) and (C) do not preclude magisterial district
					 judges or lawyers from making legitimate reference to the listed factors, or
					 similar factors, when they are relevant to an issue in a proceeding.
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 2.4 - External Influences on Judicial Conduct

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A magisterial district judge shall not be
					 swayed by public clamor or fear of criticism.
(B) A magisterial district judge shall not
					 permit family, social, political, financial, or other interests or
					 relationships to influence the magisterial district judge's judicial conduct or
					 judgment.
(C) A magisterial
					 district judge shall not convey or permit others to convey the impression that
					 any person or organization is in a position to influence the magisterial
					 district judge.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 2 - A magisterial district judge shall perform the duties of judicial office impartially, competently, and diligently › Rule 2.5 - Competence, Diligence and Cooperation

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
					 A magisterial district judge shall perform judicial and administrative duties
					 competently and diligently.
(B) A
					 magisterial district judge shall cooperate with other magisterial district
					 judges and court officials in the administration of court business.
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 2.6 - Ensuring the Right to Be Heard

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
					 magisterial district judge shall accord to every person or entity who has a
					 legal interest in a proceeding, or that person or entity's lawyer or authorized
					 representative, the right to be heard according to law.
(B) A magisterial district judge may
					 encourage parties to a proceeding and their lawyers or authorized
					 representatives to settle matters in dispute but shall not act in a manner that
					 coerces any party into settlement.
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 2.7 - Responsibility to Decide

Current through Register Vol. 54, No. 28, July 13, 2024
A magisterial district judge shall hear and decide
						matters assigned to the magisterial district judge, except where the
						magisterial district judge has recused himself or herself or when
						disqualification is required by Rule 2.11 or other law.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 2 - A magisterial district judge shall perform the duties of judicial office impartially, competently, and diligently › Rule 2.8 - Decorum, Demeanor, and Communication in an Official Capacity

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A magisterial district judge shall
					 require order and decorum in proceedings before the court. They shall wear
					 judicial robes while conducting hearings and trials.
(B) A magisterial district judge shall be
					 patient, dignified, and courteous to litigants, witnesses, lawyers, authorized
					 representatives, court staff, court officials, and others with whom the
					 magisterial district judge deals in an official capacity, and shall require
					 similar conduct of lawyers, court staff, court officials, and others subject to
					 the magisterial district judge's direction and control.
(C) Magisterial district judges shall
					 prohibit broadcasting, televising, recording or taking photographs in the
					 courtroom and areas immediately adjacent thereto during sessions or recesses
					 between sessions, except that magisterial district judges may authorize:
(1) the use of electronic or photographic
					 means for the presentation of evidence, for the perpetuation of a record or for
					 other purposes of judicial administration; and
(2) the broadcasting, televising, recording
					 or photographing of investitive or ceremonial proceedings.
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 2.9 - Ex parte Communications

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
					 A magisterial district judge shall not initiate, permit, or consider
ex
					 parte
communications, or consider other communications made to the
					 magisterial district judge outside the presence of the parties or their lawyers
					 or authorized representatives, concerning a pending or impending matter, except
					 as follows:
(1) When circumstances require it,
ex parte
communication for scheduling, administrative, or
					 emergency purposes, which does not address substantive matters, is permitted,
					 provided:
(a) the magisterial district judge
					 reasonably believes that no party will gain a procedural, substantive, or
					 tactical advantage as a result of the
ex parte
communication;
					 and
(b) the magisterial district
					 judge makes provision promptly to notify all other parties of the substance of
					 the
ex parte
communication, and gives the parties an
					 opportunity to respond whenever the circumstances reasonably permit.
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 2.10 - Judicial Statements on Pending and Impending Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A magisterial district judge shall not
					 make any public statement that might reasonably be expected to affect the
					 outcome or impair the fairness of a matter pending or impending in any court,
					 or make any nonpublic statement that might substantially interfere with a fair
					 trial or hearing.
(B) A magisterial
					 district judge shall not, in connection with cases, controversies, or issues
					 that are likely to come before the court, make pledges, promises, or
					 commitments that are inconsistent with the impartial performance of the
					 adjudicative duties of judicial office.
(C) A magisterial district judge shall
					 require court staff, court officials, and others subject to the magisterial
					 district judge's direction and control to refrain from making statements that
					 the magisterial district judge would be prohibited from making by paragraphs
					 (A) and (B).
(D) Notwithstanding
					 the restrictions in paragraph (A), a magisterial district judge may make public
					 statements in the course of official duties, may explain court procedures, and
					 may comment on any proceeding in which the magisterial district judge is a
					 litigant in a personal capacity.
(E) Subject to the requirements of paragraph
					 (A), a magisterial district judge may respond directly or through a third party
					 to allegations in the media or elsewhere concerning the magisterial district
					 judge's conduct in a matter.
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 2.12 - Supervisory Duties

Current through Register Vol. 54, No. 28, July 13, 2024
A magisterial district judge should require court staff,
						court officials, and others subject to the magisterial district judge's
						direction and control to act in a manner consistent with the magisterial
						district judge's obligations under these Conduct Rules.
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 2.13 - Administrative Appointments

Current through Register Vol. 54, No. 28, July 13, 2024
(A) In
					 making administrative appointments and hiring decisions, a magisterial district
					 judge or President Judge:
(1) shall exercise
					 the power of appointment impartially and on the basis of merit; and
(2) shall avoid nepotism, favoritism, and
					 unnecessary appointments.
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 2.14 - Disability and Impairment

Current through Register Vol. 54, No. 28, July 13, 2024
A magisterial district judge having a reasonable belief
						that the performance of a lawyer or another magisterial district judge is
						impaired by drugs or alcohol, or by a mental, emotional, or physical condition,
						shall take appropriate action, which may include a confidential referral to a
						lawyer or judicial assistance program.
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 2.15 - Responding to Judicial and Lawyer Misconduct

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A magisterial district judge having
					 knowledge that another magisterial district judge has committed a violation of
					 this Code that raises a substantial question regarding the magisterial district
					 judge's honesty, trustworthiness, or fitness as a magisterial district judge
					 shall inform the appropriate authority.
(B) A magisterial district judge having
					 knowledge that a lawyer has committed a violation of the Pennsylvania Rules of
					 Professional Conduct that raises a substantial question regarding the lawyer's
					 honesty, trustworthiness, or fitness as a lawyer shall inform the appropriate
					 authority.
(C) A magisterial
					 district judge who receives information indicating a substantial likelihood
					 that another magisterial district judge has committed a violation of this Code
					 shall take appropriate action.
(D)
					 A magisterial district judge who receives information indicating a substantial
					 likelihood that a lawyer has committed a violation of the Pennsylvania Rules of
					 Professional Conduct shall take appropriate action.
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 2.16 - Cooperation with Disciplinary Authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A magisterial district judge shall
					 cooperate and be candid and honest with judicial and lawyer disciplinary
					 agencies.
(B) A magisterial
					 district judge shall not retaliate, directly or indirectly, against a person
					 known or suspected to have assisted or cooperated with an investigation of a
					 magisterial district judge or a lawyer.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.1 - Extrajudicial Activities in General

Current through Register Vol. 54, No. 28, July 13, 2024
Magisterial district judges shall regulate their
						extrajudicial activities to minimize the risk of conflict with their judicial
						duties and to comply with all provisions of this Canon. However, a magisterial
						district judge shall not:
(A)
					 participate in activities that will interfere with the proper performance of
					 the magisterial district judge's judicial duties;
(B) participate in activities that will lead
					 to frequent disqualification of the magisterial district judge;
(C) participate in activities that would
					 reasonably appear to undermine the magisterial district judge's independence,
					 integrity, or impartiality;
(D)
					 engage in conduct that would reasonably appear to be coercive; or
(E) make use of court premises, staff,
					 stationery, equipment, or other resources, except for incidental use for
					 activities that concern the law, the legal system, or the administration of
					 justice, or unless such additional use is permitted by
					 law.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.2 - Appearances Before Governmental Bodies and Consultation with Government Officials

Current through Register Vol. 54, No. 28, July 13, 2024
A magisterial district judge shall not make a
						presentation to a public hearing before, or otherwise consult with, an
						executive or legislative body or official, except:
(A) in connection with matters concerning the
					 law, the legal system, or the administration of justice;
(B) in connection with matters about which
					 the magisterial district judge acquired knowledge or expertise in the course of
					 the magisterial district judge's judicial duties; or
(C) when the magisterial district judge is
					 acting
pro se
in a matter involving the magisterial district
					 judge's legal or economic interests, or when the magisterial district judge is
					 acting in a fiduciary capacity.
(D)
					 a magisterial district judge may consult with and make recommendations to
					 public and private fund-granting agencies on projects and programs concerning
					 the law, the legal system, or the administration of justice.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.3 - Testifying as a Character Witness (Reserved)

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › 3 - A magisterial district judge shall conduct the magisterial district judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office › Rule 3.4 - Appointments to Governmental Positions and Other Organizations

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A magisterial district judge shall not
					 accept appointment to a governmental committee, board, commission, or other
					 governmental position, unless it is one that concerns the law, the legal
					 system, or the administration of justice.
(B) A magisterial district judge may serve as
					 a member, officer, or director of an organization or governmental agency
					 devoted to the improvement of the law, the legal system, or the administration
					 of justice. A magisterial district judge shall not personally solicit funds but
					 may attend fundraising events for such organizations.
(C) Senior magisterial district judges
					 eligible for recall to judicial service may accept extrajudicial appointments
					 not permitted by Rule
					 3.4(B) but
					 during the term of such appointment shall refrain from judicial
					 service.