Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › GENERAL PROVISIONS › Section 107 - Opinions and Orders of Court

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
					 Opinions.
(1)
Assignment.
The President Judge, or the Presiding Judge, shall assign to the Conference
					 Judge the duty to draft a majority opinion, unless, following preliminary
					 deliberations by the Judges, the Conference Judge does not agree with the
					 majority of Judges with regard to disposition of the matter. In such case, the
					 President Judge, or the Presiding Judge, shall assign one of the Judges in the
					 majority to draft the majority opinion.
(2)
Circulation.
When the
					 Judge to whom a matter has been assigned for opinion writing has prepared an
					 opinion, the Judge shall direct the Court Administrator to forward the draft
					 opinion to the other Judges participating in the decision-making process. The
					 draft shall bear a cover sheet that shall include a standardized form
					 requesting the responding Judges to inform the Court Administrator of their
					 agreement or disagreement with the opinion as well as any suggestions they
					 desire to make with regard to the draft opinion. The form shall provide a
					 choice for response as follows: Join, Concur in Result, Will Write a Concurring
					 Opinion, Dissent, Will Write a Dissenting Opinion.
(3)
Responding.
Judges shall
					 respond to a circulating opinion within 14 days, unless the responding Judge
					 requests and obtains from the authoring Judge an extension of time to
					 respond.
(4)
Concurrences
					 and Dissents.
(a) When a Judge
					 responds to a circulating opinion by stating he or she concurs or dissents and
					 intends to write a concurring or dissenting opinion, the Court Administrator
					 shall hold the draft majority opinion until all Judges have responded to the
					 concurring or dissenting opinion.
(b) The concurring or dissenting Judge shall
					 submit a draft concurring or dissenting opinion to the Court Administrator for
					 circulation to all Judges within 14 days from the date of the concurring or
					 dissenting Judge's response.
(c)
					 The concurring or dissenting opinion shall bear a cover sheet with a
					 standardized form for response, including the following options:
(1) "Concurring/Dissenting Opinion Noted,"
					 which shall indicate that the responding Judge does not alter any previously
					 submitted votes, and
(2) "I join in
					 the Concurring/Dissenting Opinion." Judges shall respond to concurring or
					 dissenting opinions within 14 days of circulation, unless the responding Judge
					 requests and obtains from the author of the draft majority opinion an extension
					 of time to respond.
(d)
					 The author of the draft majority opinion may consider the reasoning of the
					 concurring or dissenting opinion, as well as suggestions offered by any other
					 Judge, and revise his or her draft for recirculation.
(e) Any recirculation shall boldly note on
					 the cover sheet the date of circulation, and a reasonable time period for
					 response shall also be noted. However, if an authoring Judge, whether it be the
					 majority, concurrence or dissent, deems that the alterations are not
					 substantive, no cover sheet shall be required, but the author shall attach a
					 memorandum indicating the nature of the changes and that no further response is
					 required. In all cases, an authoring Judge shall advise all Judges that a draft
					 has been revised.
(5)
Reassignment.
When draft opinions have been circulated and a
					 majority of Judges either (1) dissent to the draft majority opinion or (2) vote
					 in accordance with a concurring or dissenting opinion, the author of the
					 original draft majority opinion shall request the President Judge, or Presiding
					 Judge to reassign the matter to a Judge whose vote is in the majority or to the
					 author of the draft opinion that has garnered a majority of votes, who shall
					 submit his or her draft to the Court Administrator as the new majority opinion,
					 to be circulated in accordance with these provisions.
(6)
Revisions of Opinions after
					 Filing.
When, after the filing of an opinion, whether the opinion is a
					 majority or concurring or dissenting opinion, the authoring Judge determines
					 that a change to the opinion is warranted, the authoring Judge shall circulate
					 a proposed order to the members who participated in the decision-making process
					 which shall:
(a) in the case of revisions
					 that alter a significant portion of the filed opinion, with the concurrence of
					 the members who joined in the original opinion, indicate that the original
					 opinion has been revoked and withdrawn, and replaced with a new opinion,
					 or
(b) in the case of revisions
					 that are not substantial in nature, indicate the alterations made to the
					 original. When this alternative is used, the revisions shall be incorporated
					 into the original and the Court Administrator shall ensure that the new revised
					 opinion thereafter shall be distributed to whomever the original had been
					 distributed.
(7)
Notations of concurring or dissenting Judges.
Whenever a Judge
					 concurs in the result of a majority opinion or dissents to the majority
					 opinion, said notation shall be indicated at the bottom of the last page of the
					 majority opinion in the following exemplary style: Judge Smith dissents/concurs
					 in the result; Judge Smith files a dissenting/concurring opinion. The
					 accompanying concurring or dissenting opinion shall begin in the following
					 exemplary style: Judge Smith dissenting/concurring.
(8)
Panel Decisions.
(a) The assignment and circulation of draft
					 opinions of panels shall follow the procedure applicable to decisions of the
					 full Court.
(b) After the majority
					 or concurring or dissenting opinions of the Panel are in final form, they shall
					 be circulated to the full Court in accordance with these provisions.