reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 101 - GENERAL PROVISIONS › Rule 1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Definitions
When used in these rules, unless the context otherwise
				  requires:
Board
means the Judicial Conduct
				  Board.
Board Complaint
is the document setting
				  forth the formal charges and filed by the Board to initiate proceedings in the
				  Court of Judicial Discipline.
Board Counsel
means any lawyer hired by the
				  Board as staff counsel, including Chief Counsel, or any lawyer appointed as
				  special counsel, to perform those duties as directed by the Board.
Chief Counsel
is the lawyer in charge of the
				  screening and investigation of complaints, the prosecution of formal charges,
				  and the performance of other duties as directed by the Board.
Chair
means the Chair of the Board or a
				  member authorized to act on the Chair's behalf.
Complaint
means a document setting forth
				  information alleging conduct within the jurisdiction of the Judicial Conduct
				  Board pursuant to PA. CONST. Art. V, § 18.
Court
means the Court of Judicial
				  Discipline.
Dismissal
is a Board determination which
				  terminates a case against a Judicial Officer.
Judicial Officer
includes magisterial
				  district judges, judges of the Philadelphia Municipal and Traffic Courts,
				  judges of the Pittsburgh Magistrates Court, judges of the Common Pleas,
				  Commonwealth, and Superior Courts, and Justices of the Supreme Court.
Probable Cause to File Formal Charges
means
				  probable cause to believe that conduct by a Judicial Officer has occurred for
				  which a Judicial Officer should be suspended, removed from office, or otherwise
				  disciplined pursuant to PA. CONST. Art. V, § 18(d)(1).
Rules of Professional Conduct
means rules of
				  professional responsibility for attorneys.
Staff
includes employees of the Board and
				  persons retained or appointed by the Board, or individual Board members'
				  employees when engaged in the business of the Board.
Verification
is a written statement of fact
				  by the signer, supported by oath or affirmation or made subject to the
				  penalties of
				  18 Pa.C.S. §
											4904 relating
				  to unsworn falsification to authorities.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 101 - GENERAL PROVISIONS › Rule 2 - Rules of Construction

Current through Register Vol. 54, No. 28, July 13, 2024
(A) As
				used in these rules, unless the context otherwise requires:
(1) Words in the singular number include the
				plural, and words in the plural include the singular.
(2) The word "person" shall include
				corporations, societies, associations, partnerships, and
				organizations.
(3) "Shall" is
				mandatory and "may" is permissive.
(4) "Knowingly" includes reckless disregard
				for the truth or falsity of a statement.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 101 - GENERAL PROVISIONS › Rule 3 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(A) These rules
				shall govern the conduct of all Judicial Conduct Board proceedings.
(B) The Board shall receive and investigate
				complaints concerning judicial conduct filed by individuals or initiated by the
				Board, including allegations that a Judicial Officer has violated the Rules of
				Professional Conduct.
(C) When the
				Board receives a complaint against a magisterial district judge admitted to the
				practice of law, the Board shall refer the complaint to the Disciplinary Board
				of the Supreme Court of Pennsylvania if the Board determines that:
(1) The conduct occurred only in the context
				of the magisterial district judge's practice of law;
(2) The allegations do not involve any
				conduct for which the magisterial district judge would otherwise be subject to
				discipline as a Judicial Officer pursuant to PA. CONST. Art. V, § 18(d)(1);
				and
(3) The conduct of the
				magisterial district judge is not likely to result in disbarment or suspension
				of the right to practice law.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 103 - BUSINESS OF THE BOARD › Rule 4 - Meetings; Officers

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The
				Board shall meet periodically as determined by the Board. Meetings other than
				periodic meetings may be called by the Chair on the Chair's own motion, and
				shall be called by the Chair upon the written request of five members of the
				Board.
(B) At the first meeting of
				each calendar year, the Board shall elect a member to serve as Chair, a member
				to serve as Vice-Chair, and a member to serve as Secretary. The Vice-Chair
				shall perform the duties of the Chair whenever the Chair is absent or unable to
				act.
(C) The Chair may appoint a
				Board member, who shall be a judge or lawyer, to rule on all evidentiary issues
				and objections.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 103 - BUSINESS OF THE BOARD › Rule 5 - Board Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The
				Board shall appoint an attorney to serve as Chief Counsel, who shall not engage
				in the practice of law except as authorized by the Board, and who shall not
				serve in a judicial capacity.
(B)
				Chief Counsel shall investigate and present to the Board any matters within the
				Board's jurisdiction and shall perform other duties as the Board may
				direct.
(C) The Board may hire
				staff counsel and appoint special counsel to perform duties as the Board may
				direct.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 103 - BUSINESS OF THE BOARD › Rule 6 - Seal

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The Board shall
				have a seal.
(B) The seal shall
				contain the words "Judicial Conduct Board of Pennsylvania" on the upper circle
				and the word "1993" on the lower area circling arms similar to those appearing
				on the state seal.
(C) Chief
				Counsel shall retain the seal and affix it to appropriate documents.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 103 - BUSINESS OF THE BOARD › Rule 7 - Panels

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The Chair may
				appoint a Panel to take testimony and to summarize that testimony in a report
				to the Board.
(B) A Panel shall
				consist of at least three members of the Board, one of whom shall be a lawyer
				and one of whom shall be a non-lawyer elector.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 103 - BUSINESS OF THE BOARD › Rule 8 - Rule-Making Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Modification Procedures
(1) The rules may only
				be amended or rescinded, or new rules adopted, by the affirmative vote of a
				majority of the members of the Board.
(2) Notice of any Board action on these rules
				shall be given to all members of the Board at least 30 days before the meeting
				at which such action will be taken, unless the time period is shortened by
				unanimous vote of the Board.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 103 - BUSINESS OF THE BOARD › Rule 10 - Disqualification

Current through Register Vol. 54, No. 28, July 13, 2024
No member of the Board shall participate in a proceeding in
				  which the member is a complainant, the subject of the complaint, a party, or a
				  material witness.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 103 - BUSINESS OF THE BOARD › Rule 11 - Voting

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The affirmative
				vote of a majority of the members of the Board eligible to vote shall be
				required for the dismissal of a complaint or the filing of formal charges with
				the Court of Judicial Discipline.
(B) Except as provided in paragraph (A),
				Board decisions concerning all other actions and business of the Board shall be
				made by the affirmative vote of a majority of the Board members present at the
				meeting where the vote is taken.
(C) The affirmative vote of a majority of the
				members of the Board shall be required to change the Rules of
				Procedure.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 103 - BUSINESS OF THE BOARD › Rule 12 - Records

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The Board shall
				keep a record of all proceedings concerning a Judicial Officer.
(B) Chief Counsel shall be the official
				custodian of Board records and shall maintain them in accordance with retention
				policies adopted by the Board.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 105 - INTERIM SUSPENSION; SPECIAL NOTICE TO SUPREME COURT OR COURT OF JUDICIAL DISCIPLINE › Rule 13 - Interim Suspension

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The
				Board may direct Chief Counsel to file with the Court a motion for the interim
				suspension of a Judicial Officer, with or without pay, following the filing of
				a Board Complaint or when an indictment or information charging the Judicial
				Officer with a felony has been filed.
(B) The motion for interim suspension shall
				be promptly served upon the Judicial Officer and the matter shall proceed as
				provided in the rules of procedure governing the Court of Judicial
				Discipline.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 105 - INTERIM SUSPENSION; SPECIAL NOTICE TO SUPREME COURT OR COURT OF JUDICIAL DISCIPLINE › Rule 14 - Special Notice to the Supreme Court, the Court of Judicial Discipline, or a President Judge

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Whenever the Board becomes aware of an indictment or information charging a
				felony against a Judicial Officer, the Board may file appropriate notice with
				the Court of Judicial Discipline.
(B) Whenever the Board becomes aware of
				information related to a Judicial Officer which may, as provided by law,
				require or permit the exercise of the Supreme Court's inherent power over the
				unified judicial system, the Board may file appropriate notice with the Supreme
				Court.
(C) Whenever the Board
				becomes aware of information related to a Judicial Officer which may, as
				provided by law, require or permit the exercise of a president judge's
				supervisory or administrative power over a Judicial Officer, the Board may
				provide appropriate notice to the president judge.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 107 - LIMITATIONS ON BOARD ACTION; EXCEPTIONS › Rule 15 - Time Limitations

Current through Register Vol. 54, No. 28, July 13, 2024
Except where the Board determines otherwise for good cause,
				  the Board shall not consider complaints arising from acts or omissions
				  occurring more than four years prior to the date of the complaint, provided,
				  however, that when the last episode of an alleged pattern of recurring judicial
				  misconduct arises within the four-year period, the Board may consider all prior
				  acts or omissions related to such an alleged pattern of
				  conduct.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 107 - LIMITATIONS ON BOARD ACTION; EXCEPTIONS › Rule 16 - Use of Allegations from Dismissed Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(A) If the Board dismisses a complaint
				pursuant to Rule 31(A)(1) or (2), the allegations in the complaint shall not be
				used against the Judicial Officer for any purpose in any other judicial
				disciplinary or lawyer disciplinary proceeding.
(B) If, within two years of a Board
				dismissal, additional complaints are filed alleging similar conduct, the Board
				may direct that the original allegations be reinvestigated.
(C) At any time after a Board dismissal, if
				it becomes known that the Judicial Officer knowingly made a material
				misrepresentation of fact, or knowingly concealed evidence or otherwise
				obstructed a Board investigation, the Board may direct that the allegations in
				the complaint be reinvestigated.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 109 - CONFIDENTIALITY; PRIVILEGE › Rule 17 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in Rule 18, all information and
				  proceedings relating to a complaint and records of the Board's deliberations
				  shall be confidential.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 109 - CONFIDENTIALITY; PRIVILEGE › Rule 18 - Disclosure

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Waiver
(1) A Judicial Officer who is the subject of
				a complaint made pursuant to these rules may request in writing that the matter
				be made public, or may waive confidentiality for a particular purpose specified
				in writing.
(2) Upon receipt of a
				written request or waiver pursuant to paragraph (A)(1) or (B), the Board may
				make those disclosures it deems appropriate.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 109 - CONFIDENTIALITY; PRIVILEGE › Rule 19 - Privilege and Immunity

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Members of the Board, Board Counsel, and Staff shall be absolutely immune from
				suit for all conduct in the course of their official duties.
(B) All communications to the Board, a Panel,
				or Board Counsel, relating to conduct for which a Judicial Officer could be
				suspended, removed from office, or otherwise disciplined pursuant to PA. CONST.
				Art. V, § 18(d)(1), and all testimony given in a proceeding conducted pursuant
				to these rules, shall be absolutely privileged, and the person making the
				communication or giving the testimony shall be immune from suit based upon such
				communication or testimony, except that such immunity shall not extend to any
				action that violates Rule 17 (Confidentiality).
(C) For purposes of this rule, the Staff of
				the Board shall be deemed to include those persons examining, or participating
				in the treatment or counseling of, a Judicial Officer pursuant to these rules,
				and/or conservators and sobriety, financial, or practice monitors appointed
				pursuant to the Rules of Professional Conduct or the Rules of Disciplinary
				Enforcement.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 111 - COUNSEL; SERVICE › Rule 20 - Entry of Appearance of Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Counsel for a Judicial Officer shall file
				an entry of appearance with Chief Counsel.
(B) The entry of appearance shall include
				counsel's name, address, phone number, and Pennsylvania Supreme Court
				Identification Number.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 111 - COUNSEL; SERVICE › Rule 21 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Under these
				rules, service of notice or any other document shall be accomplished by:
(1) personal delivery, or
(2) any process providing restricted delivery
				to and returned receipt from the named addressee.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 113 - TESTIMONY; DEPOSITIONS; SUBPOENAS › Rule 22 - Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(A) All testimony
				presented to the Board shall be taken under oath or affirmation administered by
				any member of the Board, by Chief Counsel, or by any other person authorized by
				law.
(B) A contemporaneous verbatim
				record of all testimony shall be made and preserved.
(C) The Board may permit testimony to be
				submitted by affidavit.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 113 - TESTIMONY; DEPOSITIONS; SUBPOENAS › Rule 23 - Depositions: Preservation of Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
Upon request of the Judicial Officer or Board Counsel, after
				  notice to the opposing party, the Chair may permit the deposition of any
				  witness who may be unavailable to testify at any proceeding. The deposed
				  testimony shall be taken and preserved pursuant to Rule 22(A) and
				  (B).
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 113 - TESTIMONY; DEPOSITIONS; SUBPOENAS › Rule 24 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The Board, by
				its Chair, the Chair's designee, or Chief Counsel, may issue subpoenas to
				compel the testimony under oath of witnesses, including the Judicial Officer
				who is the subject of a complaint, and to compel the production of relevant
				documents, books, accounts, and other records.
(B) Content
(1) The subpoena shall indicate on its face
				that it is issued in connection with a confidential proceeding of the Judicial
				Conduct Board.
(2) The subpoena
				shall give notice that it shall not be a breach of confidentiality for a
				subpoenaed person to consult with an attorney or to provide notice as required
				by law.
(3) The subpoena shall
				order the witness to appear before person or persons named at a specified date,
				time, and place, and to bring any items described.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 115 - COMPLAINTS; SCREENING; PRELIMINARY BOARD ACTION › Rule 25 - Complaint Preparation

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When
				the Board receives information that a Judicial Officer may be subject to
				sanction pursuant to PA. CONST. Art. V, § 18, the Board shall refer the matter
				to Chief Counsel.
(1) When the Board receives
				information from a named individual, Board Counsel shall obtain a written,
				verified complaint from each individual containing:
(a) The allegations upon which the complaint
				is based;
(b) The complainant's
				name and address;
(c) The name of
				the Judicial Officer against whom the complaint is made;
(d) if applicable, the name of the court and
				the term and/or number of the proceedings during which the complaint
				arose;
(e) The name and address of
				the complainant's lawyer, if any.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 115 - COMPLAINTS; SCREENING; PRELIMINARY BOARD ACTION › Rule 26 - Screening

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Board Counsel
				may conduct interviews and examine evidence to determine whether grounds exist
				to believe the allegations in the information received.
(B) Jurisdiction
Prior to submitting a complaint for preliminary Board review,
				  Chief Counsel shall determine whether the subject of the allegations is within
				  the jurisdiction of the Board.
(1) If
				Chief Counsel determines that the person against whom a complaint has been
				filed is not within the jurisdiction of the Board, Chief Counsel shall notify
				the complainant, and refer the complainant to the agency having jurisdiction,
				where appropriate.
(2) If Chief
				Counsel determines that the Board has jurisdiction, Chief Counsel shall submit
				the complaint for preliminary Board review.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 115 - COMPLAINTS; SCREENING; PRELIMINARY BOARD ACTION › Rule 27 - Recommendation of Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
When Chief Counsel submits a complaint for preliminary Board
				  review, Chief Counsel shall report on the results of any preliminary inquiry,
				  and recommend that the Board take one of the following actions:
(A) dismiss the complaint;
(B) proceed with a full investigation;
				or
(C) defer action during the
				pendency of a criminal matter, if appropriate.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 115 - COMPLAINTS; SCREENING; PRELIMINARY BOARD ACTION › Rule 28 - Preliminary Board Review and Action

Current through Register Vol. 54, No. 28, July 13, 2024
After reviewing the complaint, Chief Counsel's
				  recommendation, and the results of any preliminary inquiry, the Board shall
				  take one or more of the following actions:
(A) dismiss the complaint;
(B) request Chief Counsel to conduct
				additional preliminary inquiries;
(C) direct Chief Counsel to proceed with a
				full investigation;
(D) defer
				further action during the pendency of a criminal matter, if appropriate;
				or
(E) refer the matter to another
				agency.
The Board's decision shall be in writing and made part of the
				  record.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 115 - COMPLAINTS; SCREENING; PRELIMINARY BOARD ACTION › Rule 29 - Reliance on Advisory Opinions

Current through Register Vol. 54, No. 28, July 13, 2024
Action taken by a Judicial Officer in reliance on and
				  pursuant to a written advisory opinion by the Ethics Committee of the
				  Pennsylvania Conference of State Trial Judges, or by the Ethics and
				  Professionalism Committee of the Special Court Judges Association of
				  Pennsylvania, as long as that opinion was issued before the conduct occurred,
				  shall be considered by the Board in making a determination under these rules,
				  but such advisory opinions shall not be binding on the Board.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 115 - COMPLAINTS; SCREENING; PRELIMINARY BOARD ACTION › Rule 30 - Notice of Board Action

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Notice of Dismissals or Referrals
(1) If the
				Board dismisses a complaint or refers the matter to another agency, the Board
				may notify the complainant.
(2) If
				the Judicial Officer has become aware of the complaint and notifies the Board,
				or if the matter has become public information, the Board may notify the
				Judicial Officer of the dismissal or the referral to another agency.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 119 - SPECIAL PROCEDURES FOR CASES INVOLVING MENTAL OR PHYSICAL DISABILITY › Rule 32 - Appointment of Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
In any case in which the allegations involve a Judicial
				  Officer's mental disability, the Board may petition the Court to appoint a
				  lawyer to represent the Judicial Officer if the Judicial Officer is without
				  representation.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 119 - SPECIAL PROCEDURES FOR CASES INVOLVING MENTAL OR PHYSICAL DISABILITY › Rule 33 - Examinations

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may require a physical, psychiatric, or
				  psychological examination of the Judicial Officer, and may appoint one or more
				  professionals to make an examination and prepare a report, a copy of which
				  shall be given to the Judicial Officer. The Judicial Officer's unjustified
				  failure to submit to a physical, psychiatric, or psychological examination
				  required by the Board may be considered as evidence of physical or mental
				  disability.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 119 - SPECIAL PROCEDURES FOR CASES INVOLVING MENTAL OR PHYSICAL DISABILITY › Rule 34 - Disposition

Current through Register Vol. 54, No. 28, July 13, 2024
(A) If the Board
				finds probable cause to file a Board Complaint alleging mental or physical
				disability, the Board shall promptly notify the Judicial Officer and provide
				the Judicial Officer with an opportunity to resign from judicial office or,
				when appropriate, to enter a rehabilitation program acceptable to the Board
				prior to the filing of the Board Complaint.
(B) When a Judicial Officer enters a
				rehabilitation program pursuant to paragraph (C), the Board may defer filing a
				Board Complaint for a reasonable period of time to permit the completion of the
				program, provided that the Judicial Officer:
(1) actively participates in the
				rehabilitation program;
(2)
				consents in writing to the release of information and records relating to his
				or her participation in the program; and
(3) when determined necessary by the Board,
				agrees to a voluntary suspension of some or all of the Judicial Officer's
				duties.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 119 - SPECIAL PROCEDURES FOR CASES INVOLVING MENTAL OR PHYSICAL DISABILITY › Rule 35 - Intervention

Current through Register Vol. 54, No. 28, July 13, 2024
(A) During the
				course of an investigation, upon the good faith belief that the alleged
				misconduct was caused by mental illness, drug dependency, addiction to alcohol,
				or temporary mental infirmity, the Board shall take one or more of the
				following actions:
(1) request that the
				judicial officer resign from office;
(2) request that the judicial officer seek
				appropriate treatment;
(3) request
				that the judicial officer take a leave of absence from his or her judicial
				office until such time that the Board and the judicial officer agree that it is
				appropriate for the judicial officer to return to office;
(4) upon application of the judicial officer,
				the Board may approve an appropriate treatment program.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 121 - SPECIAL PROCEDURES FOR CASES INVOLVING SUBSTANCE ABUSE › Rule 36 - Petition for Rehabilitative Diversion

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When the Board finds probable cause to
				investigate a Complaint alleging misconduct involving substance abuse, the
				Board may notify the Judicial Officer of its investigation and provide the
				Judicial Officer with an opportunity to petition the Board for permission to
				enter a rehabilitative diversion program acceptable to the Board prior to the
				filing of formal charges with the Court of Judicial Discipline.
(B) Such petition shall be filed with the
				Board promptly. Absent Board approval, a petition shall not be considered if
				filed after the Judicial Officer's response to the Board's Notice of Full
				Investigation (see Rules of Procedure of the Judicial Conduct Board outlined in
				Rule 30B).
(C) The petition for
				rehabilitative diversion shall contain
(1)
				The Judicial Officer's verified statement that he/she desires to participate in
				a qualified treatment program;
(2)
				a release giving Board Counsel access to all information and records bearing on
				the rehabilitative program, including information concerning the applicant's
				past substance abuse and treatment, as well as the proposed rehabilitative
				program;
(3) a stipulation as to
				facts which are agreed to by the Judicial Officer and Board Counsel relevant to
				the formal charges; and agreement of the admissibility of such stipulation in
				any future proceeding before the Court of Judicial Discipline;
(4) a waiver by the Judicial Officer of the
				right to file pre-trial motions based on grounds then known to the applicant
				unless specifically modified as exceptions to the waiver; and
(5) The Judicial Officer's consent to submit
				to testing for drug or alcohol consumption during any probationary period later
				imposed.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 121 - SPECIAL PROCEDURES FOR CASES INVOLVING SUBSTANCE ABUSE › Rule 37 - Evaluations

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When any
				Judicial Officer under investigation applies for diversion under Rule 36 on the
				ground of his or her substance abuse, the Board may require the applicant to
				submit to such medical evaluations as it deems necessary. The Board shall
				appoint one or more healthcare professionals to examine the applicant and
				report their findings to the Board. A copy of any such report will be shared
				with the applicant. Failure to submit to examination will be considered by the
				Board in its disposition of any pending complaint.
(B) All expenses incurred for such
				evaluations and reports shall be assessed against the Judicial Officer and
				shall be his or her sole responsibility.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part III - JUDICIAL CONDUCT BOARD › Chapter 121 - SPECIAL PROCEDURES FOR CASES INVOLVING SUBSTANCE ABUSE › Rule 38 - Diversion Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When
				a Judicial Officer enters a rehabilitation diversion program pursuant to this
				Chapter, the Board may defer filing formal charges with the Court of Judicial
				Discipline for a reasonable period of time to permit the completion of the
				program, provided that the Judicial Officer consents in writing to the release
				of treatment information and records relating to his or her participation in
				the program.
(B) When a Judicial
				Officer satisfactorily completes an approved inpatient rehabilitation program,
				the Board shall continue the matter for a twelve (12) month probationary
				period, which may be conditioned on the Officer's continued participation in a
				recommended recovery program.
(C)
				If the rehabilitative intervention and the probationary period are deemed by
				the Board to have been satisfactorily completed, the Board will refrain from
				filing charges in the Court of Judicial Discipline and will dismiss the
				Complaint through the letter of counsel procedure outlined in J.C.B.R.P.
				31(A)(2).
(D) If the Board
				determines that the applicant Judicial Officer has abandoned the recovery
				program, or has violated the terms in any substantial way, the Board may direct
				the filing of charges before the Court of Judicial Discipline, or take such
				other action as may be appropriate in the circumstances.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 101 - Title and Citation of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall be known as the Court of Judicial
						Discipline Rules of Procedure and may be cited as "C.J.D.R.P. No.
-
."
Adopted November 1, 1994, effective January 1,
						1995.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 102 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and phrases when used in these rules
						shall have the following meanings, unless the context or subject matter
						otherwise requires:
Board
is the Judicial Conduct
						Board.
Board Complaint
is the formal charging
						document filed by the Board to initiate proceedings in the Court pursuant to
						Article V, § 18(b)(5) of the Pennsylvania Constitution.
Charges
are the formal charges
						contained in the Board Complaint filed with the Court by the Board alleging
						that a judicial officer has been convicted of a felony, violated Article V, §
						17 of the Pennsylvania Constitution, engaged in misconduct in office, neglected
						or failed to perform the duties of office or engaged in conduct which
						prejudiced the proper administration of justice or brought the judicial office
						into disrepute, violated a canon of legal or judicial ethics or standards of
						conduct or a rule of the Supreme Court, or that the judicial officer is
						mentally or physically disabled.
Clerk
is the person appointed by the
						Court to serve as Clerk of the Court.
Conference Judge
is a Court member
						appointed by the President Judge following the filing of a Board Complaint, to
						preside at the pre-trial conference, to rule on the omnibus motion, and, during
						a panel hearing, to make evidentiary rulings. A Conference Judge may also be
						appointed by the President Judge to rule on petitions filed in proceedings
						other than those initiated by the filing of a Board Complaint.
Court
is the Court of Judicial
						Discipline. Unless the context clearly indicates otherwise, the term shall
						include a panel.
Full Court
is at least a quorum of the
						Court.
Judicial Officer
includes magisterial
						district judges, judges of the Philadelphia Municipal and Traffic Courts,
						judges of the Pittsburgh Magistrates Court, judges of the courts of common
						pleas, the Commonwealth Court, and the Superior Court, justices of the Supreme
						Court and senior judges or magisterial district judges of any court.
Majority
is a majority of the members
						of the Court qualified to vote.
Panel
is a group of no fewer than three
						members of the Court appointed by the President Judge.
Petition for Relief
is a document filed
						pursuant to these Rules to initiate proceedings other than formal charges in
						the Court.
President Judge
is a member of the
						Court elected by the Court to act as the President Judge.
Quorum
is five members of the
						Court.
Verification
is a written statement of
						fact by the signer, supported by oath or affirmation or made subject to the
						penalties of
						18 Pa.C.S. §
												4904 relating
						to unsworn falsification of authorities.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 103 - Scope of Rules; Amendments; Publication

Current through Register Vol. 54, No. 28, July 13, 2024
(A) These rules shall govern the conduct of
					 all proceedings before the Court.
(B) The rules may only be amended by the
					 affirmative vote of a majority of the Court, after notice of the proposed
					 amendment to the members of the Court.
(C) Upon adoption, these rules and any
					 amendments shall be available for public inspection and shall be forwarded to:
(1) The Legislative Reference Bureau for
					 publication in the
Pennsylvania Bulletin
; and
(2) West Publishing Company for publication
					 in the
Pennsylvania Reporter
.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 104 - Rules of Construction

Current through Register Vol. 54, No. 28, July 13, 2024
Chapter 19 of Title 1 of the
Pennsylvania
						Consolidated Statues
so far as not inconsistent with any express
						provision of these rules, shall be applicable to the interpretation of these
						rules and all amendments hereto to the same extent as if these rules were
						enactments of the General Assembly.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 105 - Organization; Seal

Current through Register Vol. 54, No. 28, July 13, 2024
(A) At the
					 first meeting of the Court, and annually thereafter, the Court shall elect from
					 its membership a President Judge. If the President Judge is temporarily unable
					 to perform his or her duties, these duties shall be performed by the next
					 senior member of the Court who is able to perform these duties.
(B) The President Judge shall annually
					 establish a calendar specifying the dates for meeting of the Court. When
					 necessary, other dates for meetings may be set as the need arises.
(C) Hearings and trials shall be held at the
					 seat of government unless the Court provides otherwise.
(D) The Court shall have a seal.
(1) The seal shall contain the words "Court
					 of Judicial Discipline" on the upper circle and the word "Pennsylvania" on the
					 lower arc circling arms similar to those appearing on the state seal.
(2) The Clerk shall be the custodian of the
					 seal and is authorized to affix it to such documents as may be
					 appropriate.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 106 - Proceedings before the Court Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The President Judge, each member of the
					 Court, the Clerk, and any person otherwise authorized by law shall have the
					 power to administer an oath or affirmation.
(B) All testimony presented to the Court
					 shall be taken under oath or affirmation.
(C) The Court may address unprofessional
					 conduct and other breaches of order as permitted by law.
(D) Whenever the full Court takes action, a
					 majority of members of the Court qualified to vote shall be required.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 107 - Seniority of Judges

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The
					 seniority of the members of the Court shall be computed from the dates of the
					 members' appointments to the Court.
(B) Should any two members be appointed to
					 the Court at the same time, at the first meeting of the Court after their
					 appointment, they shall cast lots for seniority. A record of the determination
					 shall be maintained by the Clerk.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 108 - Immunity

Current through Register Vol. 54, No. 28, July 13, 2024
Members of the Court and the Court's staff shall be
						absolutely immune from suit for all conduct in the course of their official
						duties, and no civil action or disciplinary compliant predicated on testimony
						before the Court may be maintained against any witness or
						counsel.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 109 - Right to Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
The Judicial Officer shall be entitled to retain counsel
						and to have the assistance of such counsel at every stage of these
						proceedings.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 110 - Entry of Appearance

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
					 Counsel for a Judicial Officer shall file an entry of appearance with the Clerk
					 of the Court and shall serve a copy of the entry on the Board
					 Counsel.
(B) The entry of
					 appearance shall include counsel's name, address, phone number, and
					 Pennsylvania Supreme Court Identification Number. Admission Pro Hoc Vice shall
					 be in accordance with the Pennsylvania Bar Admission Rules.
(C) An attorney's appearance for a Judicial
					 Officer may not be withdrawn without leave of Court unless another attorney has
					 entered or simultaneously enters an appearance for the Judicial Officer and the
					 change of attorneys does not delay any stage of the proceedings.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 111 - Clerk of the Court

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The Clerk
					 shall be the custodian of the records and docket of the Court, which shall be
					 preserved.
(B) The Clerk is
					 empowered to perform those duties ordinarily performed by a clerk of a court of
					 record and such other duties as the Court may assign.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 112 - Photocopies

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the request of any resident of Pennsylvania, the
						Administrative Office of the Court of Judicial Discipline shall provide free of
						charge a copy of any Opinion or Order issued by the Court. The Administrative
						Office will provide photocopies of any other documents listed in the official
						docket at a cost of $.50 per page.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › IN GENERAL › Rule 113 - Lodging of Transcripts

Current through Register Vol. 54, No. 28, July 13, 2024
When the Court or a party direct the court reporter to
						transcribe the notes of testimony taken at a hearing or trial, the Clerk, upon
						receiving the transcript, shall notify the parties that the transcript has been
						lodged with the Court. The parties shall have 30 days from the date of
						notification to file objections to the transcript. The parties shall serve
						copies of objections upon the other party. The Court may conduct a hearing on
						the objections. If no objections or exceptions are filed, the transcript will
						be approved by the Court as of course.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 121 - Filing; Docketing

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
					 Papers required or permitted to be filed with the Court shall be filed:
(1) with the Clerk; or
(2) by mail addressed to the Clerk, but
					 filing by mail shall be timely only when received by the Clerk within the time
					 fixed for filing.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 122 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When service is
					 required under these rules, service shall be made concurrently with
					 filing.
(B) Original process shall
					 be served by a competent adult:
(1) by handing
					 a copy to the Judicial Officer; or
(2) by handing a copy
(i) at the residence of the Judicial Officer
					 to an adult member of the family with whom he resides; but if no adult member
					 of the family is found, then to an adult person in charge of such
					 residence;
(ii) at any office or
					 usual place of business of the Judicial Officer to his agent or to the person
					 for the time being in charge thereof.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 123 - Return of Service

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When
					 service of original process has been made, the person making service shall make
					 a return of service forthwith. If service has not been made, a return of no
					 service shall be made.
(B) A return
					 of service shall set forth the date, time, place and manner of service, the
					 identity of the person served and any other facts necessary for the Court to
					 determine whether proper service has been made.
(C) Return of service or no service by mail
					 under Rule 122 (C)(i) shall include a return receipt.
(D) The return of service or no service shall
					 be filed with the Clerk.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 124 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The Court may
					 compel by subpoena the attendance of witnesses and the production of books,
					 papers, documents, and other physical evidence at a deposition, hearing or
					 trial held pursuant to these rules.
(B) Upon the request of a party, the Clerk
					 shall issue a subpoena under the seal of the Court, signed by the Clerk but
					 otherwise blank, substantially in the form prescribed by Pa.R.C.P. No. 234.6 or
					 Pa.R.C.P. No. 234.8.
(C) Subpoenas
					 shall be served as provided in Rule 122.
(D) If a witness fails to comply with a
					 subpoena, the court may issue a bench warrant and if the failure to comply is
					 willful may adjudge the witness to be in contempt.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 125 - Designation of Officials for Execution of Bench Warrants of Arrest

Current through Register Vol. 54, No. 28, July 13, 2024
By order in a particular case, the Court may designate
						the Pennsylvania State Police or the Sheriff of Dauphin County as the official
						agency for the execution of a bench warrant of arrest. The Sheriff of Dauphin
						County may act either directly, within Dauphin County, or by deputizing
						sheriffs of other counties.
Adopted November 1, 1994, effective January 1,
						1995.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 126 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
A request for a continuance shall be made by filing an
						original motion and one copy with the Clerk, and serving a copy of the motion
						on the opposing party. The opposing party shall file its answer to the motion
						within 10 days of service of the motion. The motion shall be decided by the
						Conference Judge, who may grant the motion, but only for exceptional cause
						shown.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 1 - GENERAL PROVISIONS › DOCUMENTS GENERALLY › Rule 127 - Other Motions

Current through Register Vol. 54, No. 28, July 13, 2024
Other motions not specifically governed by a Rule of this
						Court shall be served in accordance with Rule 122(E) and (F). The opposing
						party shall file its answer to the motion within 10 days of service of the
						motion.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 2 - DECISIONS › Rule 201 - Reporting of Opinions; Publication

Current through Register Vol. 54, No. 28, July 13, 2024
Official reported opinions of the Court are published by
					 the West Publishing Company,
Atlantic Reporter
.
Adopted November 1, 1994, effective January 1,
					 1995.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article I - Preliminary Provisions › Chapter 2 - DECISIONS › Rule 202 - Citing of Opinions of Other Courts

Current through Register Vol. 54, No. 28, July 13, 2024
Reported opinions of the Supreme Court, Superior Court and
					 Commonwealth Court may be cited as binding precedent on Pennsylvania law.
					 Reported opinions of the courts of common pleas, federal courts and courts of
					 other jurisdictions may be cited for their persuasive value. Unreported
					 opinions of other courts shall not be cited in any brief of argument addressed
					 to the Court. The Court may, however, upon request of a party, take judicial
					 notice of unreported opinions of other courts involving facts or parties
					 relevant to the matter before the Court.
Adopted November 1, 1994, effective January 1,
					 1995.