reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 311 - STATE PAROLE RECOMMITMENT RANGES › Section 311.5 - Convicted parole violator recommitment ranges

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				provisions.
(1) Recommitment ranges
				shall be considered by the Board when a paroled person is convicted of a new
				offense committed while on parole and the Board orders recommitment as a
				convicted parole violator after the necessary violation hearing(s).
(2) As provided in
				61 Pa.C.S. §
											6138(a) (relating to
				violation of terms of parole), the Board may, at its discretion, revoke the
				parole of a paroled person convicted of a crime committed while on parole, and
				including certain enumerated summary offenses.
(i) If the paroled person's parole is
				revoked, the person shall be recommitted to a correctional facility to serve
				the remainder of the term which the person would have been compelled to serve
				had the parole not been granted, and the Board shall determine whether any
				credit shall be granted for time at liberty on parole.
(ii) The Board may, in its discretion,
				reparole a convicted parole violator whenever the best interests of the person
				justify or require the person's release on parole and it does not appear that
				the interests of the Commonwealth will be injured.
(iii) The period of time for which the
				paroled person is required to serve shall be computed by the
				Board.
(3) The Board
				shall consider the applicable recommitment ranges described in subsection
				(b).
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VIII - CRIMINAL SENTENCING › Chapter 311 - STATE PAROLE RECOMMITMENT RANGES › Section 311.6 - Parole violator tables

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Table
				1-Technical parole violator recommitment ranges.
Correctional Facility Recommitments
Non-violent (NV) recommitment
						  range
Violent (V) recommitment
						  range
Disciplinary Infractions
						  61 Pa.C.S. §
															6138(d)(5)
														61 Pa.C.S. §
															6138(e)(3)
1st violation
ts-6 months
3-6
						  months
12 months maximum
2nd violation
ts-9 months
6-9
						  months
18 months maximum
3rd/subseq. violation
ts-12 months
9-12 months
24 months maximum
CCC/CCF/PVC Recommitments
ts-6 months
3-6 months
12 months maximum
TS = time served
(b) Table 2-Convicted parole violator
				recommitment ranges.
Sentencing Level
New
						  Conviction
Non-violent (NV) recommitment
						  range
Violent (V) recommitment
						  range
Agg/Mit
A
OGS 1-OGS 3
1-6 months
1-6
						  months
+3
B
OGS 4-OGS 7
6-12 months
6-12
						  months
+/- 6
C
OGS 8-OGS 12
12-18
						  months
12-18 months
+/- 6
D
OGS 13-OGS 16
18-30 months
24-36 months
+/- 12
E
OGS 17-OGS 26
24-36 months
36-48 months
+/- 12
F
OGS 27-OGS 30
N/A
60-unserved
						  balance
- 24
G
OGS G-1and OGS G-2
N/A
60-unserved balance
- 24
H
OGS H-1-OGS H-6
N/A
Maximum/unserved balance
N/A
N/A = not applicable
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part IX - ACCESS TO JUSTICE ACT REGULATIONS › Chapter 401 - ELIGIBILITY REGULATIONS APPLICABLE TO ACCESS TO JUSTICE ACT FUNDING › Section 401.1 - Definition of Terms

Current through Register Vol. 54, No. 28, July 13, 2024
"Act"
means the Access to Justice Act, Title 42,
				  Chapter 49 of the
Pennsylvania Consolidated Statutes
, and as
				  it may be amended.
"Applicant"
is the person who voluntarily
				  requests legal assistance, or on whose behalf service is requested. The
				  Applicant is the determining factor in defining "individual or family status"
				  for eligibility determination purposes.
"Fee-generating case"
means any case or matter
				  which, if undertaken on behalf of a client by an attorney in private practice,
				  reasonably may be expected to result in a fee for legal services from an award
				  to a client, from public funds, or from the opposing party.
"Eligible Legal Services Provider"
is a
				  not-for-profit entity incorporated in this Commonwealth, tax exempt under
				  section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514,
				  26 U.S.C. §
										501(c)(3)), or any successor
				  provision, which operates within this Commonwealth for the primary purpose of
				  providing civil legal services without charge, and which operates to provide
				  such civil legal services to eligible clients and victims of abuse under
				  contract or subcontract with the Department of Public Welfare for the
				  expenditure of funds appropriated by the General Assembly for the provision of
				  legal services.
"Emancipated Minor"
(a) An emancipated minor is a person under 21
				years of age (irrespective of whether he/she is receiving services designed for
				adults or children) who either:
(1) is
				married, whether he/she lives within, or away from, his/her parent's household;
				or
(2) has left the parental
				household or has established himself/herself as a separate entity within the
				parental household; and
(i) is acting for
				himself/herself independent of control by his/her parents, or persons acting as
				loco parentis; and
(ii) is
				financially independent of his/her parents, although he/she may be receiving
				financial assistance or benefits to which he/she is entitled in his/her own
				right.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part IX - ACCESS TO JUSTICE ACT REGULATIONS › Chapter 401 - ELIGIBILITY REGULATIONS APPLICABLE TO ACCESS TO JUSTICE ACT FUNDING › Section 401.2 - Application for Legal Assistance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				individual eligibility determination requires completion of a dated application
				form containing information which enables the Recipient to determine an
				Applicant's eligibility to receive the requested service.
(b) A written application is not required for
				general non-legal information and referral service.
(c) Application forms for extended services
				and in-person advice and brief services must be signed by the Applicant. The
				application form need not be signed by the Applicant for telephone advice and
				brief services.
(d) The application
				form must be completed by the Recipient from the information given by the
				Applicant, his/her authorized representative, or, by someone, including
				Recipient's staff, acting responsibly for the Applicant if he/she is physically
				incapable of completing an application form, or in an emergency
				situation.
(e) The Recipient shall
				ensure that the Applicant, or the person responsible for giving the
				information, receives all the help necessary to provide accurate and complete
				information. Arrangements must be made for an interpreter to assist non-English
				speaking, deaf, and visually handicapped Applicants, on an as-needed basis in
				those individual cases for whom no alternative methods for communication can be
				substituted effectively.
(f)
				Individual eligibility determinations are made using the declaration method.
				The declaration method is the acceptance of an Applicant's statements that
				he/she meets the applicable eligibility criteria. This does not preclude the
				requirement to obtain documentation when needed to comply with requirements of
				funding sources of the grant Recipient organization. Documentation also can be
				required and obtained if there is substantial reason to doubt the accuracy or
				completeness of the information provided by the Applicant, but such
				documentation must be obtained in a manner that promotes the development of
				trust between the attorney and client.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part IX - ACCESS TO JUSTICE ACT REGULATIONS › Chapter 401 - ELIGIBILITY REGULATIONS APPLICABLE TO ACCESS TO JUSTICE ACT FUNDING › Section 401.3 - Eligibility Criteria

Current through Register Vol. 54, No. 28, July 13, 2024
Those financially eligible for civil legal assistance
				  are:
(a) applicants whose family
				monthly gross income does not exceed 125% of the Federal Poverty Guidelines, as
				published annually in the
Federal Register
by the Department
				of Health and Human Services, adjusted according to family size.
(b) The Commonwealth of Pennsylvania
				authorizes the issuance of medical assistance based upon the combination of
				income and certain public policy circumstances. When an Applicant has a current
				medical access card for a category for which eligibility is based upon 125% of
				poverty income, no additional eligibility determination is needed for legal
				assistance.
(c) The Applicant must
				be a resident of Pennsylvania. No requirements as to citizenship or length of
				residence in the State may be imposed as a condition of eligibility. Temporary
				absences from Pennsylvania, with subsequent returns, or with a plan to return
				when the purpose of the absence, such as a trip or a visit, has been
				accomplished, do not interrupt residence. Out-of-State students and foreign
				students who are living in Pennsylvania while attending an education or
				job-training institution in Pennsylvania are considered residents of
				Pennsylvania. Migrant workers who are seasonally employed or seeking seasonal
				employment in Pennsylvania are considered residents of Pennsylvania.
(d) Legal assistance may be provided without
				regard to income when the Applicant is in need of protective services under the
				Protection from Abuse Act.
(e)
				Authorized Exceptions to Income Eligibility. The governing body of the
				recipient may adopt policies for the provision of legal assistance under the
				Act to an applicant whose family, monthly gross income, does not exceed 150
				percent of the 125% of poverty eligibility income level (i.e. 187.5% of poverty
				income level). The determination of family, monthly gross income shall be made
				pursuant to the income inclusions and exclusions defined within Sections
				401.4 and
				401.5 except that the definition
				of medical expenses is modified as included below in (f)(2). When a recipient's
				policies provide for authorized exceptions to income eligibility, legal
				assistance can be provided when:
(1) The
				Applicant's circumstances require that eligibility should be allowed on the
				basis of one or more of the factors set forth in Section 401.3(f); or
(2) The person is seeking legal assistance to
				secure benefits provided by a governmental program for the poor.
In the event that a recipient determines to serve a person
				  whose family, monthly gross income exceeds 125% of poverty, the factual basis
				  for the decision shall be documented and retained by the recipient.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part IX - ACCESS TO JUSTICE ACT REGULATIONS › Chapter 401 - ELIGIBILITY REGULATIONS APPLICABLE TO ACCESS TO JUSTICE ACT FUNDING › Section 401.6 - Change in Circumstances

Current through Register Vol. 54, No. 28, July 13, 2024
If an eligible client becomes financially ineligible through
				  a change in circumstances, a Recipient shall discontinue representation if the
				  change in circumstances is sufficiently likely to continue such that the client
				  could afford private legal assistance, and discontinuation is not inconsistent
				  with the attorney's professional responsibilities.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part IX - ACCESS TO JUSTICE ACT REGULATIONS › Chapter 401 - ELIGIBILITY REGULATIONS APPLICABLE TO ACCESS TO JUSTICE ACT FUNDING › Section 401.7 - Grievance Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Complaints about legal assistance.
(1) A
				Recipient shall establish procedures for determining the validity of a
				complaint about the manner or quality of legal assistance that has been
				rendered.
(2) The procedures shall
				provide at least:
(i) Information to a client
				at the time of the initial visit about how to make a complaint, and
(ii) Prompt consideration of each complaint
				by the director of the Recipient, or the director's designee, and, if the
				director of the Recipient is unable to resolve the matter,
(iii) An opportunity for complainant to
				submit an oral and written statement to a member(s) of the Recipient's
				grievance committee established by the governing body, preferably a board
				member who is himself/herself client eligible.
(3) A file containing every complaint and a
				statement of its disposition shall be preserved for examination. The file shall
				include any written statement submitted by the complainant.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part IX - ACCESS TO JUSTICE ACT REGULATIONS › Chapter 401 - ELIGIBILITY REGULATIONS APPLICABLE TO ACCESS TO JUSTICE ACT FUNDING › Section 401.8 - Prohibited Use

Current through Register Vol. 54, No. 28, July 13, 2024
Recipients of funds under this Act are prohibited from using
				  them for the following purposes:
(a)
Political and Lobbying Activities.
Funds shall not be used to
				contribute to or be made available to any political party or association, or
				the campaign of any candidate for public or party office or similar political
				activities or to support or oppose candidates from public or party office or to
				support or oppose candidates for public or party office or to support or oppose
				any ballot questions or to engage in lobbing activities, except that:
(1) A Recipient of funds may engage in
				lobbying activities in response to a request from a governmental agency,
				legislative body, committee, member or staff thereof made to the recipient,
				consistent with the Rules of Professional Conduct.
(2) A Recipient may engage in lobbying
				activities in the provision of legal services to an eligible client on a
				particular application, claim or case, which directly involves that client's
				legal rights and responsibilities, however this shall not be construed to a
				permit a Recipient to solicit a client, in violation of the Rules of
				Professional Conduct, for the purpose of making such representation
				possible.
Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part IX - ACCESS TO JUSTICE ACT REGULATIONS › Chapter 401 - ELIGIBILITY REGULATIONS APPLICABLE TO ACCESS TO JUSTICE ACT FUNDING › Section 401.9 - Priorities in Allocation of Resources

Current through Register Vol. 54, No. 28, July 13, 2024
Recipients daily must make decisions concerning what cases to
				  handle, what area of client need to pursue, what models of delivery of services
				  to choose, what communities to serve, and related issues. A high quality
				  Recipient program responds effectively to changing client needs and integrates
				  its priority setting process into its daily operations. This section is
				  intended to assure that Recipients plan and perform services provided under the
				  Act in a way that responds to existing and changing client and community needs,
				  promptly and strategically.
(a) The
				governing body of a Recipient shall adapt procedures for establishing
				priorities in the allocation of its resources. The procedures adopted shall:
(1) Include an effective appraisal of the
				needs of eligible clients in the geographic areas served by the
				Recipient;
(2) Insure an
				opportunity for participation by representatives of all significant segments of
				the client community and the Recipient's employees in the setting of
				priorities.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part I - PRELIMINARY PROVISIONS › Chapter 1 - GENERAL PROVISIONS › Section 1.1 - Filing Office

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All
				business of the Court of Judicial Discipline, except as otherwise provided by
				law, by rule, or by order of court shall be administered through its
				administrative office located at 200 North Third Street, 12th Floor,
				Harrisburg, Pennsylvania, with a mailing address of 200 North Third Street, P.
				O. Box 1106, Harrisburg, Pennsylvania, 17108-1106.
(b) All matters within the jurisdiction of
				the Court of Judicial Discipline may be filed with the Office of the Clerk of
				Court located at the address set forth in subsection (a). Writs or other
				process issuing out of the Court of Judicial Discipline shall exit only from
				the principal Office of the Clerk of the Court of Judicial Discipline and shall
				be returnable there until further Order of this Court.
(c) The Court's docket, seal and records of
				all pending cases shall be transferred to the administrative office of the
				Court of Judicial Discipline.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 1 - A 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 judge shall comply with the law, including the Code of
						Judicial Conduct.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 1 - A 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 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 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 1 - A 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 judge shall not abuse the prestige of judicial office
						to advance the personal or economic interests of the judge or others, or allow
						others to do so.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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 judge's personal and extrajudicial
						activities.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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 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 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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
					 judge shall perform the duties of judicial office, including administrative
					 duties, without bias or prejudice.
(B) A 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 judge's direction and control to do
					 so.
(C) A 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 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 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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 judge shall not be swayed by public
					 clamor or fear of criticism.
(B) A
					 judge shall not permit family, social, political, financial, or other interests
					 or relationships to influence the judge's judicial conduct or
					 judgment.
(C) A judge shall not
					 convey or permit others to convey the impression that any person or
					 organization is in a position to influence the judge.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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 judge shall perform judicial and administrative duties competently and
					 diligently.
(B) A judge shall
					 cooperate with other judges and court officials in the administration of court
					 business.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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
					 judge shall accord to every person or entity who has a legal interest in a
					 proceeding, or that person or entity's lawyer, the right to be heard according
					 to law.
(B) A judge may encourage
					 parties to a proceeding and their lawyers 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 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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 judge shall hear and decide matters assigned to the
						judge, except where the 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 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A judge shall perform the duties of judicial office impartially, competently, and diligently › Rule 2.8 - Decorum, Demeanor, and Communication with Jurors

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A judge shall require order and decorum
					 in proceedings before the court.
(B) A judge shall be patient, dignified, and
					 courteous to litigants, jurors, witnesses, lawyers, court staff, court
					 officials, and others with whom the judge deals in an official capacity, and
					 shall require similar conduct of lawyers, court staff, court officials, and
					 others subject to the judge's direction and control.
(C) A judge shall not commend or criticize
					 the verdict of the jury other than in a court order or opinion in a proceeding.
					 This Rule does not prohibit a judge from expressing appreciation to the jurors
					 for their service to the judicial system and to the community. Judges are
					 expected to maintain their supervisory role over a deliberating jury.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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 judge shall not initiate, permit, or
					 consider
ex parte
communications, or consider other
					 communications made to the judge outside the presence of the parties or their
					 lawyers, 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 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 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.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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 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 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 judge shall require
					 court staff, court officials, and others subject to the judge's direction and
					 control to refrain from making statements that the judge would be prohibited
					 from making by paragraphs (A) and (B).
(D) Notwithstanding the restrictions in
					 paragraph (A), a judge may make public statements in the course of official
					 duties, may explain court procedures, and may comment on any proceeding in
					 which the judge is a litigant in a personal capacity.
(E) Subject to the requirements of paragraph
					 (A), a judge may respond directly or through a third party to allegations in
					 the media or elsewhere concerning the judge's conduct in a matter.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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) A
					 judge shall require court staff, court officials, and others subject to the
					 judge's direction and control to act in a manner consistent with the judge's
					 obligations under this Code.
(B) A
					 judge with supervisory authority for the performance of other judges shall take
					 reasonable measures to ensure that those judges properly discharge their
					 judicial responsibilities, including the prompt disposition of matters before
					 them.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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 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 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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 judge having a reasonable belief that the performance
						of a lawyer or another 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 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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 judge having knowledge that another
					 judge has committed a violation of this Code that raises a substantial question
					 regarding the judge's honesty, trustworthiness, or fitness as a judge shall
					 inform the appropriate authority.
(B) A 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 judge who receives
					 information indicating a substantial likelihood that another judge has
					 committed a violation of this Code shall take appropriate action.
(D) A 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 33 - CODE OF JUDICIAL CONDUCT › Subchapter A - CANONS › 2 - A 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 judge shall cooperate and be candid and
					 honest with judicial and lawyer disciplinary agencies.
(B) A judge shall not retaliate, directly or
					 indirectly, against a person known or suspected to have assisted or cooperated
					 with an investigation of a judge or a lawyer.
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 3.1 - Extrajudicial Activities in General

Current through Register Vol. 54, No. 28, July 13, 2024
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 judge shall not:
(A) participate in activities that will
					 interfere with the proper performance of the judge's judicial duties;
(B) participate in activities that will lead
					 to frequent disqualification of the judge;
(C) participate in activities that would
					 reasonably appear to undermine the 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 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 3.2 - Appearances Before Governmental Bodies and Consultation with Government Officials

Current through Register Vol. 54, No. 28, July 13, 2024
A 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 judge acquired knowledge or expertise in the course of
					 the judge's judicial duties; or
(C)
					 when the judge is acting
pro se
in a matter involving the
					 judge's legal or economic interests, or when the judge is acting in a fiduciary
					 capacity.
(D) a 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 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 3.3 - Testifying as a Character Witness

Current through Register Vol. 54, No. 28, July 13, 2024
Reserved.
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 3.4 - Appointments to Governmental Positions and Other Organizations

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A 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 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 judge shall not personally solicit funds but may attend
					 fundraising events for such organizations.
(C) Senior 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.
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 3.5 - Use of Nonpublic Information

Current through Register Vol. 54, No. 28, July 13, 2024
Nonpublic information acquired by judges in their
						judicial capacity shall not be used or disclosed by them in financial dealings
						or for any other purpose not related to their judicial duties.
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 3.6 - Affiliation with Discriminatory Organizations

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A judge shall not hold membership in any
					 organization that practices invidious discrimination on the basis of race, sex,
					 gender identity or expression, 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.
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 3.7 - Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
Avocational activities
. Judges may write, lecture, teach, and
					 speak on non-legal subjects and engage in the arts, sports, and other social
					 and recreational activities, if such avocational activities do not detract from
					 the dignity of their office or interfere with the performance of their judicial
					 duties.
(B)
Civic and
					 Charitable Activities
. Judges may participate in civic and charitable
					 activities that do not reflect adversely upon their impartiality or interfere
					 with the performance of their judicial duties. Judges may serve as an officer,
					 director, trustee, or nonlegal advisor of an educational, religious,
					 charitable, fraternal, or civic organization not conducted for the economic or
					 political advantage of its members, subject to the following limitations:
(1) A judge shall not serve if it is likely
					 that the organization will be engaged in proceedings that would ordinarily come
					 before the judge or will be regularly engaged in adversary proceedings in any
					 court.
(2) A judge shall not
					 personally solicit funds for any educational, religious, charitable, fraternal,
					 or civic organization, or use or permit the use of the prestige of the judicial
					 office for that purpose, but may be listed as an officer, director, or trustee
					 of such an organization. A judge shall not be a speaker or the guest of honor
					 at an organization's fundraising events that are not for the advancement of the
					 legal system, but may attend such events.
(3) A judge shall not give investment advice
					 to such an organization.
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 3.8 - Fiduciary Activities

Current through Register Vol. 54, No. 28, July 13, 2024
A judge shall not serve as the executor, administrator,
						trustee, guardian, attorney in fact, or other personal representative or other
						fiduciary, except for the estate, trust, or person of a member of the judge's
						family, and then only if such service will not interfere with the proper
						performance of judicial duties. As family fiduciaries judges are subject to the
						following restrictions:
(A) They shall
					 not serve if it is likely that as fiduciaries they will be engaged in
					 proceedings that would ordinarily come before them, or if the estate, trust, or
					 ward becomes involved in adversary proceedings in the court on which they serve
					 or one under its appellate jurisdiction.
(B) While acting as fiduciaries judges are
					 subject to the same restrictions on financial activities that apply to them in
					 their personal capacity.
(C) If a
					 person who is serving in a fiduciary position becomes a judge, he or she must
					 comply with this Rule as soon as reasonably practicable, but in no event later
					 than one year after becoming a judge.
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 3.9 - Service as Arbitrator or Mediator

Current through Register Vol. 54, No. 28, July 13, 2024
A judge shall not act as an arbitrator or a mediator or
						perform other judicial functions apart from the judge's official duties unless
						expressly authorized by law.
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 3.10 - Practice of Law

Current through Register Vol. 54, No. 28, July 13, 2024
A judge shall not practice law. A judge may act
pro se
in a legal action in which he or she is personally
						involved, and may, without compensation, give legal advice to and draft or
						review documents for a member of the judge's family, but is prohibited from
						serving as the family member's lawyer in any forum. Such limited practice is
						also subject to the disclosure of employment within the Unified Judicial System
						to the parties and the court in which the judge represents himself or herself.
						A judge is not prohibited from practicing law pursuant to military service, 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 › 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 3.11 - Financial Activities

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
					 judge may hold and manage investments of the judge and members of the judge's
					 family.
(B) A judge shall not serve
					 as an officer, director, manager, general partner, advisor, or employee of any
					 business entity except that a judge may manage or participate in:
(1) a business closely held by the judge or
					 members of the judge's family; or
(2) a business entity primarily engaged in
					 investment of the financial resources of the judge or members of the judge's
					 family.
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 3.12 - Compensation for Extrajudicial Activities

Current through Register Vol. 54, No. 28, July 13, 2024
A judge may accept reasonable compensation for
						extrajudicial activities permitted by this Code or other law unless such
						acceptance would appear to a reasonable person to undermine the judge's
						independence, integrity, or impartiality.
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 3.13 - Acceptance of Gifts, Loans, Bequests, Benefits, or Other Things of Value

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A judge shall
					 not accept any gifts, loans, bequests, benefits, or other things of value, if
					 acceptance is prohibited by law or would appear to a reasonable person to
					 undermine the judge's independence, integrity, or impartiality.
(B) Unless otherwise prohibited by law, or by
					 paragraph (A), a judge may accept the following without publicly reporting such
					 acceptance:
(1) items with little intrinsic
					 value, such as plaques, certificates, trophies, and greeting cards;
(2) gifts, loans, bequests, benefits, or
					 other things of value from friends, relatives, or other persons, including
					 lawyers, whose appearance or interest in a proceeding pending or impending
					 before the judge would in any event require disqualification of the judge under
					 Rule 2.11;
(3) ordinary social
					 hospitality;
(4) commercial or
					 financial opportunities and benefits, including special pricing and discounts,
					 and loans from lending institutions in their regular course of business, if the
					 same opportunities and benefits or loans are made available on the same terms
					 to similarly situated persons who are not judges;
(5) rewards and prizes given to competitors
					 or participants in random drawings, contests, or other events that are open to
					 persons who are not judges;
(6)
					 scholarships, fellowships, and similar benefits or awards, if they are
					 available to similarly situated persons who are not judges, based upon the same
					 terms and criteria;
(7) books,
					 magazines, journals, audiovisual materials, and other resource materials
					 supplied by publishers on a complimentary basis for official use; or
(8) gifts, awards, or benefits associated
					 with the business, profession, or other separate activity of a spouse, a
					 domestic partner, or other family member of a judge residing in the judge's
					 household, but that incidentally benefit the judge.
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 3.14 - Reimbursement of Expenses and Waivers of Fees or Charges

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Unless otherwise prohibited by Rules
					 3.1 and
					 3.13(A) or other
					 law, a judge may accept reimbursement of necessary and reasonable expenses for
					 travel, food, lodging, or other incidental expenses, or a waiver or partial
					 waiver of fees or charges for registration, tuition, and similar items, from
					 sources other than the judge's employing entity, if the expenses or charges are
					 associated with the judge's participation in extrajudicial activities permitted
					 by this Code.
(B) Reimbursement of
					 expenses for necessary travel, food, lodging, or other incidental expenses
					 shall be limited to the actual costs reasonably incurred by the judge and, when
					 appropriate to the occasion, by the judge's spouse, domestic partner, or
					 guest.
(C) A judge who accepts
					 reimbursement of expenses, waivers, partial waivers of fees or charges on
					 behalf of the judge or the judge's spouse, domestic partner, or guest shall
					 publicly report such acceptance as required by Rule
					 3.15.