Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 3 - REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD › Rule 8.0 - Panel Advice and Board Review

Current through Register Vol. 54, No. 28, July 13, 2024
Judicial Officers must submit Requests to the Board in writing under
											  Section 6.0. A Request must contain a statement of the facts regarding the intended conduct and a concise
											  question of judicial ethics, with references to the relevant section(s) of the Codes, case law, and other
											  authority the inquiring Judicial Officer already has consulted. A Request must relate to the inquiring
											  Judicial Officer's own prospective conduct or conduct of the inquiring Judicial Officer that has occurred in
											  the past and is ongoing. The Board will not consider a Request by the inquiring Judicial Officer relating to
											  the conduct or prospective conduct of another Judicial Officer except as necessary to address a Judicial
											  Officer's obligations pursuant to Rule 2.12 (Supervisory Duties) of the applicable Code. A Request may not
											  relate to hypothetical situations or to facts that are the subject of past or pending litigation,
											  disciplinary investigation, or disciplinary proceedings. Judicial Officers must submit Requests at least 14
											  days prior to the event or action giving rise to the question. The Board Chair or the Chair's designee may,
											  in his or her discretion, waive this 14-day requirement for good cause and if the inquiry can be addressed in
											  the time available.
8.1.
Request Intake.
The Executive Director is designated and authorized to receive any and
											  all Requests seeking an Advisory Opinion.
8.2.
Jurisdictional Closure.
Any request for an Advisory Opinion from someone other than a Judicial
											  Officer may be closed by the Executive Director for lack of jurisdiction without Board approval.
8.3.
Insufficient Request.
If the Board receives a jurisdictionally appropriate Request but lacks
											  sufficient information to render Advice, Staff will obtain additional facts from the inquiring Judicial
											  Officer. Staff may close the Request without Board approval if the inquiring Judicial Officer fails or
											  refuses to provide the requested information within 14 days.
8.4.
Panel Determination and Assignment.
Following receipt of a Request, the Executive Director shall identify the
											  level of the judicial system of the inquiring Judicial Officer. The Executive Director shall assign the
											  Request to a Panel.
8.5.
Panel Member
										Assignment.
Each Member will rotate Panel assignments. Each Panel shall contain at
											  least one Member of the same judicial level as the inquiring Judicial Officer. Panel makeup shall be
											  confidential and shall not be disclosed except to Board Members and Staff.
8.5.1.
Philadelphia Municipal Court Essential Member
.
For Requests originating from Judicial Officers of the Philadelphia
											  Municipal Court, a Board member from the Municipal Court or any common pleas court shall be qualified to
											  serve as an Essential Member of the Panel.