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 › Preamble

Current through Register Vol. 54, No. 28, July 13, 2024
(1) These Rules
				  Governing Standards of Conduct (''Conduct Rules'') shall constitute the ''canon
				  of . . . judicial ethics'' referenced in Article V, Section 17(b) of the
				  Pennsylvania Constitution, which states, in pertinent part: ''Justices of the
				  peace (now magisterial district judges) shall be governed by rules or canons
				  which shall be prescribed by the (Pennsylvania) Supreme Court.''
(2) An independent, fair, honorable and
				  impartial judiciary is indispensable to our system of justice. The Pennsylvania
				  legal system is founded upon the principle that an independent, fair,
				  impartial, and competent judiciary, composed of persons of integrity, will
				  interpret and apply the law that governs our society. The judiciary
				  consequently plays a fundamental role in ensuring the principles of justice and
				  the rule of law. The rules contained in these Conduct Rules necessarily require
				  magisterial district judges, individually and collectively, to treat and honor
				  the judicial office as a public trust, striving to preserve and enhance
				  legitimacy and confidence in the legal system.
(3) Magisterial district judges should uphold
				  the dignity of judicial office at all times, avoiding both impropriety and the
				  appearance of impropriety in their professional and personal lives. They should
				  at all times conduct themselves in a manner that garners the highest level of
				  public confidence in their independence, fairness, impartiality, integrity, and
				  competence.
(4) The Conduct Rules
				  denote standards for the ethical behavior of magisterial district judges and
				  judicial candidates. It is not an all-encompassing model of appropriate conduct
				  for magisterial district judges and judicial candidates, but rather a
				  complement to general ethical standards and other rules, statutes and laws
				  governing such persons' judicial and personal conduct. The Conduct Rules are
				  designed to assist magisterial district judges in practicing the highest
				  standards of judicial and personal conduct and to establish a basis for
				  disciplinary agencies to regulate magisterial district judges' conduct.
(5) The Conduct Rules are rules of
				  reason that should be applied consistently with constitutional requirements,
				  statutes, other court rules, and decisional law, and with due regard for all
				  relevant circumstances. The Conduct Rules are to be construed so as not to
				  impinge on the essential independence of magisterial district judges in making
				  judicial decisions.
(6) Where a
				  Rule contains a permissive term, such as ''may'' or ''should,'' the conduct
				  being addressed is committed to the personal and professional discretion of the
				  magisterial district judge or candidate in question, and no disciplinary action
				  should be taken for action or inaction within the bounds of such discretion.
				  Moreover, it is not intended that disciplinary action would be appropriate for
				  every violation of the Conduct Rules' provisions. Whether disciplinary action
				  is appropriate, and the degree of discipline to be imposed, should be
				  determined through a reasonable application of the text and should depend on
				  such factors as the seriousness of the violation, the intent of the magisterial
				  district judge, whether there is a pattern of improper activity, and the effect
				  of the improper activity on others or on the judicial system.
(7) These Conduct Rules are not designed or
				  intended as a basis for civil or criminal liability. Neither are they intended
				  to be the basis for litigants to seek collateral remedies against each other or
				  to obtain tactical advantages in proceedings before a court.
(8) The Pennsylvania Judicial Ethics Advisory
				  Board is designated as the approved body to render advisory opinions and
				  general guidance regarding ethical concerns involving magisterial district
				  judges and judicial candidates subject to the Conduct Rules. action taken in
				  reliance thereon and pursuant thereto shall be treated as set forth in Rules
				  103 and 206 of the Pennsylvania Judicial Ethics Advisory Board in determining
				  whether discipline should be recommended or imposed.
(9) In 2014, these Conduct Rules were
				  reformatted and revised in material respects, upon guidance taken from the 2011
				  edition of the American Bar Association's Model Code of Judicial Conduct, other
				  states' codes, and experience.