Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part II - CONDUCT STANDARDS › Chapter 51 - STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES › PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES › Terminology

Current through Register Vol. 54, No. 28, July 13, 2024
Aggregate
-In relation to contributions
					 for a candidate, includes contributions in cash or kind made directly to a
					 candidate's campaign committee or indirectly with the understanding that they
					 will be used to support the election of a candidate or to oppose the election
					 of the candidate's opponent.
Appropriate authority
-The authority
					 having responsibility for initiation of disciplinary process in connection with
					 the violation to be reported.
Contribution
-Both financial and in-kind
					 contributions, such as professional or volunteer services, advertising, and
					 other assistance, which if otherwise obtained, would require a financial
					 expenditure.
Domestic partner
-A person with whom
					 another person maintains a household and an intimate relationship, other than a
					 person to whom he or she is legally married.
Economic interest
-More than a
de
					 minimis
legal or equitable ownership interest. Except for situations
					 in which the magisterial district judge participates in the management of such
					 a legal or equitable interest, or the interest could be substantially affected
					 by the outcome of a proceeding before a magisterial district judge, it does not
					 include:
(1) an interest in the
				  individual holdings within a mutual or common investment fund;
(2) an interest in securities held by an
				  educational, religious, charitable, fraternal, or civic organization in which
				  the magisterial district judge or the magisterial district judge's spouse,
				  domestic partner, parent, or child serves as a director, an officer, an
				  advisor, or other participant;
(3)
				  a deposit in a financial institution or deposits or proprietary interests the
				  magisterial district judge may maintain as a member of a mutual savings
				  association or credit union, or similar proprietary interests; or
(4) an interest in the issuer of government
				  securities held by the magisterial district judge.
Fiduciary
-Includes relationships such as
					 executor, administrator, trustee, or guardian.
Impartial, impartiality,
					 impartially
-Absence of bias or prejudice in favor of, or against,
					 particular parties or classes of parties, as well as maintenance of an open
					 mind in considering issues that may come before a magisterial district judge.
Impending matter
-A matter that is
					 imminent or expected to occur in the near future.
Impropriety
-Includes conduct that
					 violates the law, court rules, or provisions of these Conduct Rules, and
					 conduct that undermines a magisterial district judge's independence, integrity,
					 or impartiality.
Independence
-A magisterial district
					 judge's freedom from influence or controls other than those established by law
					 or Rule.
Integrity
-Probity, fairness, honesty,
					 uprightness, and soundness of character.
Judicial candidate
-Any person, including
					 a sitting magisterial district judge, who is seeking appointment or election to
					 judicial office. A person becomes a candidate for judicial office as soon as he
					 or she makes a public announcement of candidacy, declares or files as a
					 candidate with the appointment or election authority, or where permitted,
					 engages in solicitation or acceptance of contributions or support, or is
					 nominated for appointment or election to office.
Knowingly, knowledge, known, and
					 knows
-Actual knowledge of the fact in question. A person's knowledge
					 may be inferred from the circumstances.
Law
-Refers to constitutional provisions,
					 statutes, decisional law, Supreme Court Rules and directives, including these
					 Conduct Rules and the Unified Judicial System Policy of Non-Discrimination and
					 Equal Opportunity, and the like which may have an effect upon judicial conduct.
Member of the candidate's family
-The
					 spouse, domestic partner, child, grandchild, parent, grandparent, or other
					 relative or person with whom the candidate maintains a close familial
					 relationship.
Member of the magisterial district judge's
					 family
-The spouse, domestic partner, child, grandchild, parent,
					 grandparent, or other relative or person with whom the magisterial district
					 judge maintains a close familial relationship.
Member of the magisterial district judge's family
					 residing in the magisterial district judge's household
-Any relative of
					 a magisterial district judge by blood or marriage, or a person treated by a
					 magisterial district judge as a member of the magisterial district judge's
					 family, who resides in the magisterial district judge's household.
Nonpublic information
-Information that is
					 not available to the public. Nonpublic information may include, but is not
					 limited to, information that is sealed by statute or court order or impounded
					 or communicated in camera, and information offered in grand jury proceedings,
					 presentence reports, dependency cases, or psychiatric reports.
Party
-A person or entity who has a legal
					 interest in a court proceeding.
Pending matter
-A matter that has
					 commenced and continuing on until final disposition.
Personally solicit
-A direct request made
					 by a magisterial district judge or a judicial candidate for financial support
					 or in-kind services, whether made by letter, telephone, or any other means of
					 communication.
Political organization
-A political party
					 or group sponsored by or affiliated with a political party or candidate, the
					 principal purpose of which is to further the election or appointment of
					 candidates for political office, excluding a judicial candidate's campaign
					 committee created as authorized by these Conduct Rules.
Public election
-Includes primary,
					 municipal, and general elections, partisan elections, and nonpartisan
					 elections.
Third degree of relationship
-Includes the
					 following persons: great-grandparent, grandparent, parent, uncle, aunt,
					 brother, sister, child, grandchild, great-grandchild, nephew, and niece.