reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 3 - INITIATION OF FORMAL CHARGES › Rule 301 - Initiating Formal Charges; Conference Judge; Scheduling

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
Board Complaint.
Proceedings in the Court shall be commenced by the filing of a Board Complaint
				  with the Clerk and concurrent service of the Board Complaint on the Judicial
				  Officer.
(B)
Appointment of
				  Conference Judge.
Within 10 days after a Board Complaint is filed
				  pursuant to paragraph (A), the President Judge shall appoint a member of the
				  Court to serve as Conference Judge on the case as provided in these
				  rules.
(C)
Duties of
				  Conference Judge Following the Filing of Formal Complaint.
In addition
				  to the other duties of Conference Judge set forth in these rules, the
				  Conference Judge shall:
(1) dispose of all
				  pre-trial motions;
(2) schedule and
				  conduct a pre-trial conference, in accordance with C.J.D.R.P. No. 421;
				  and
(3) upon disposition of all
				  pre-trial matters, certify to the President Judge notice that the matter is
				  ready for trial.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 3 - INITIATION OF FORMAL CHARGES › Rule 302 - Contents of Board Complaint

Current through Register Vol. 54, No. 28, July 13, 2024
(A) For
				  each charge against the Judicial Officer, the Board Complaint shall:
(1) state in plain and specific language the
				  nature of the charge;
(2) specify
				  the allegations of fact upon which the charge is based.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 3 - INITIATION OF FORMAL CHARGES › Rule 303 - Amendments to Pleadings; Consolidation; Withdrawal

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
Amendments.
Upon motion,
				  the Court or the Conference Judge may permit amendments to a Board Complaint
				  with the written consent of the Judicial Officer or after hearing in open court
				  where the Judicial Officer fails to demonstrate undue prejudice. Any party may
				  file any other amended pleading by consent of the other party or by leave of
				  court. The proposed amended pleadings shall be attached to any motion to
				  amend.
(B)
Consolidation.
(1) The
				  Conference Judge may, for purposes of trial, upon his or her own motion, after
				  notice to the Board and the Judicial Officer, or upon motion of the Board or
				  the Judicial Officer, consolidate some or all of the charges against an
				  individual Judicial Officer contained in separate Board Complaints filed
				  pursuant to Rule 301(A).
(2) The
				  Conference Judge may, on his or her own motion, and after notice to the Board
				  and the Judicial Officer, consolidate two or more Board Complaints against an
				  individual Judicial Officer for purposes of imposing sanctions pursuant to Rule
				  504.
(3) In matters pending before
				  the Court which involve a common question of law or fact or which arise from
				  the same transaction or occurrence, a Conference Judge may, for any purpose,
				  upon his or her own motion, after notice to the Board and the Judicial
				  Officers, or upon motion of the Board or a Judicial Officer, order the matters
				  consolidated, and may make orders which avoid unnecessary costs or
				  delay.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 4 - PRE-TRIAL PROCEEDINGS › DISCOVERY › Rule 401 - Discovery Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(A) All
					 discovery shall be completed within 60 days of the service of the Board
					 Complaint, unless extended by the Conference Judge for good cause
					 shown.
(B) Any challenges or
					 objections raised during discovery shall be resolved at the pre-trial
					 conference.
(C) The Conference
					 Judge shall, before the pre-trial conference, set a date for the exchange of
					 the names and addresses of all witnesses whom the parties intend to call at the
					 trial.
(D)
Other
					 Evidence
. The Board and the Judicial Officer shall exchange:
(1) Non-privileged evidence relevant to the
					 charges contained in the Board Complaint, documents to be presented at the
					 trial and statements of witnesses who will be called to testify; and
(2) Other material, in the Conference Judge's
					 discretion, upon cause shown.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 4 - PRE-TRIAL PROCEEDINGS › DISCOVERY › Rule 402 - Depositions

Current through Register Vol. 54, No. 28, July 13, 2024
Upon Motion of the Judicial Officer or the Board, after
						notice and hearing, the Conference Judge may order the deposition of any
						person, when due to exceptional circumstances, the interests of justice require
						that the person's testimony be preserved.
Adopted March 16, 1994, effective March 16, 1994.
						Amended May 31, 1994, effective May 31, 1994.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 4 - PRE-TRIAL PROCEEDINGS › DISCOVERY › Rule 403 - Resolution of Disputes

Current through Register Vol. 54, No. 28, July 13, 2024
Disputes concerning discovery shall be determined by the
						Conference Judge. Decisions concerning discovery shall not constitute a final
						Order for purposes of appeal.
Adopted March 16, 1994, effective March 16,
						1994.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 4 - PRE-TRIAL PROCEEDINGS › DISCOVERY › Rule 404 - Continuing Duty to Disclose

Current through Register Vol. 54, No. 28, July 13, 2024
The Board and the Judicial Officer have a continuing duty
						to supplement information required to be exchanged or disclosed under Rule 401
						until the trial is concluded and the record is closed.
Adopted March 16, 1994, effective March 16, 1994.
						Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994,
						effective January 1, 1995.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 4 - PRE-TRIAL PROCEEDINGS › DISCOVERY › Rule 405 - Remedy

Current through Register Vol. 54, No. 28, July 13, 2024
If at any time during the course of the proceedings it is
						brought to the attention of the Conference Judge that a party has failed to
						comply with Rules 401 through 404 relating to discovery, the Conference Judge
						may order compliance, grant a continuance, prohibit the party from introducing
						the evidence not disclosed, other than testimony of the Judicial Officer, or
						the Conference Judge may enter any other order as is just.
Adopted March 16, 1994, effective March 16, 1994. Amended
						November 1, 1994, effective January 1, 1995.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 4 - PRE-TRIAL PROCEEDINGS › OMNIBUS MOTION FOR RELIEF; REPLY; ANSWER › Rule 411 - Omnibus Motion

Current through Register Vol. 54, No. 28, July 13, 2024
(A) All
					 motions, challenges, and applications or requests for an order or relief on
					 behalf of the Judicial Officer shall be consolidated in one written motion,
					 except as otherwise provided in these rules, or as permitted by the Conference
					 Judge. The omnibus motion shall be filed no later than 30 days of the service
					 of the Board Complaint.
(B) The
					 motion shall state with particularity the grounds for the motion, the facts
					 that support each ground, and the type of relief or order requested. The motion
					 shall be divided into consecutively numbered paragraphs, each containing only
					 one material allegation as far as practicable.
(C) If the motion sets forth facts that do
					 not already appear of record, it shall be verified by the Judicial Officer
					 subject to the penalties for unsworn falsification to authorities under the
					 Crimes Code,
					 18 Pa.C.S. §
												4904.
(D) The Judicial Officer may challenge the
					 validity of the charges on any legal ground including:
(1) that the facts charged do not constitute
					 misconduct;
(2) that the Board or
					 the Court is without jurisdiction;
(3) that the Board violated the procedures
					 governing it; or
(4) that the
					 charges do not provide sufficient notice of the allegations to be defended
					 against.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 4 - PRE-TRIAL PROCEEDINGS › OMNIBUS MOTION FOR RELIEF; REPLY; ANSWER › Rule 412 - Reply

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Within 10 days
					 of the filing of the omnibus motion, the Board shall file a reply.
(B) The reply shall be divided into
					 consecutively numbered paragraphs corresponding to the numbered paragraphs of
					 the motion. The reply shall meet the allegations of the motion.
(C) If the reply sets forth facts that do not
					 already appear of record, it shall be verified by Counsel for the Board subject
					 to the penalties for unsworn falsification to authorities under the Crimes
					 Code,
					 18 Pa.C.S. §
												4904.
(D) Failure to file a reply as required by
					 this rule shall constitute an admission of the facts alleged in the omnibus
					 motion.
Adopted March 16, 1994, effective March 16, 1994. Amended
						May 31, 1994, effective May 31, 1994.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 4 - PRE-TRIAL PROCEEDINGS › OMNIBUS MOTION FOR RELIEF; REPLY; ANSWER › Rule 413 - Answer

Current through Register Vol. 54, No. 28, July 13, 2024
Within 30 days after the service of a Board Complaint, if
						no omnibus motion is filed, or within 20 days after the dismissal of all or
						part of the omnibus motion, the Judicial Officer may file an answer admitting
						or denying the allegations contained in the Board Complaint. Failure to file an
						answer shall be deemed a denial of all factual allegations contained in the
						Board Complaint. Unless otherwise ordered by the Court, no additional pleading
						will be accepted.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 4 - PRE-TRIAL PROCEEDINGS › OMNIBUS MOTION FOR RELIEF; REPLY; ANSWER › Rule 414 - Disposition of Omnibus Motion

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
					 The Conference Judge may schedule hearing or argument on the motion, as is
					 appropriate, and shall rule upon the motion. The Conference Judge may defer any
					 ruling, as necessary, to be decided by the Court before the time of the
					 pre-trial conference.
(B) No ruling
					 on the motion shall constitute a final order for the purpose of
					 appeal.
(C) A decision which
					 dismisses a charge or terminates the case shall be reviewed and voted upon by
					 the full Court. A majority vote shall be required to sustain such a decision.
Adopted March 16, 1994, effective March 16, 1994. Amended
						May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective
						January 1, 1995.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 4 - PRE-TRIAL PROCEEDINGS › PRE-TRIAL CONFERENCE › Rule 421 - Pre-Trial Conference

Current through Register Vol. 54, No. 28, July 13, 2024
(A) At
					 the Pre-Trial Conference the following administrative matters shall be
					 considered:
(1) clarification of the
					 issues;
(2) amendments to the
					 pleadings;
(3) stipulations and
					 agreements to admit documents or other physical evidence;
(4) limitations on the number of expert and
					 character witnesses;
(5) any
					 disputes concerning discovery not previously resolved; and
(6) any other matters which may aid in the
					 prompt disposition of the matter.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 4 - PRE-TRIAL PROCEEDINGS › DEFERRAL OF DISPOSITION › Rule 422 - Deferral of Disposition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Court may defer the litigation of a case where a direct criminal appeal is
					 pending and the judicial officer still holds his or her judicial office, or for
					 other good cause.
(b) In cases
					 where the judicial officer has resigned, retired, or no longer holds office,
					 including cases where the judicial office has been forfeited as a result of a
					 criminal conviction of a felony, deferral is unlikely to be granted absent
					 other substantial factors sufficient to overcome the presumption that a prompt
					 disposition of the case is in the best interests of the judicial
					 system.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 5 - TRIAL PROCEDURES › Rule 501 - Appointment of Panel

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The
				  President Judge may appoint a Panel which shall be authorized to act on behalf
				  of the Court. The Panel shall conduct the trial on the Board
				  Complaint.
(B) The Panel shall
				  consist of no fewer than three members of the Court, one of whom shall be the
				  Conference Judge, appointed pursuant to Rule 301(B). The Conference Judge shall
				  preside at the trial.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 5 - TRIAL PROCEDURES › Rule 502 - Trial. Stipulations of Fact. Conclusions of Law. Withdrawal of Complaints or Withdrawal of Counts

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The
				  trial shall be held before the Court and shall be open to the public.
(B) Conduct of Trial.
(1) All testimony shall be under
				  oath.
(2) The Board and the
				  Judicial Officer shall be permitted to present evidence and examine and
				  cross-examine witnesses. The Judicial Officer may, but shall not be required
				  to, testify.
(3) At the conclusion
				  of the trial, the Board and the Judicial Officer may, at the request of the
				  Court, present oral argument and shall submit proposed findings of fact and
				  conclusions of law.
(4) The trial
				  shall be recorded verbatim. Requests and orders for transcripts shall be
				  governed by Pa.R.J.A. 5000.5. Any party requesting notes of testimony shall
				  bear the cost of transcription. When the notes of testimony have been
				  transcribed, the court reporter shall first submit the transcript to the Clerk.
				  Following receipt and review of the transcript, the Clerk shall lodge the
				  transcript and shall inform the court reporter of said lodging. In no instance
				  shall the court reporter provide a version of the transcript to a requesting
				  party until the transcript is lodged, and the Clerk has informed the court
				  reporter and the parties that the transcript has been lodged.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 5 - TRIAL PROCEDURES › Rule 503 - Post-Trial Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
Findings of Fact and Conclusions of Law
. Following the trial,
				  the Court shall file its findings of fact and conclusions of law which shall be
				  served on the Board and the Judicial Officer.
(B)
Objections
.
(1) The Board and the Judicial Officer may
				  elect to file written objections which shall include the basis for the
				  objections to the Court's findings and conclusions.
(2) Any objections shall be filed with the
				  Court within 10 days of the entry of the findings and conclusions. The
				  President Judge may for cause shown extend the time for filing
				  objections.
(3) The Court may
				  permit the Judicial Officer and the Board to present oral argument on any
				  objections filed.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 5 - TRIAL PROCEDURES › Rule 504 - Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(A) After findings
				  of fact and conclusions of law become final pursuant to Rule 503, the Court
				  shall hold a hearing in open court on the issue of sanctions.
(B) Following the sanction hearing, the Court
				  shall enter an order in writing on the issue of sanctions. This order shall
				  constitute a final order of discipline pursuant to Article V, § 18 of the
				  Pennsylvania Constitution.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 5 - TRIAL PROCEDURES › Rule 505 - Post Sanction Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(A) When the Court includes as part of an
				  order of discipline a period and conditions of probation, the Court shall
				  retain the power to reconsider the sanction imposed if, after hearing, the
				  Court determines that a judicial officer has violated the terms of
				  probation.
(B) When the Board finds
				  that the judicial officer has violated the conditions of probation, the Board
				  shall file a Petition with the Court alleging such a violation. This Petition
				  shall request a hearing and request the Court to provide the Board with any
				  relevant material or other written information in possession of the
				  Court.
(C) At any hearing held
				  pursuant to Section B of this Rule:
(1) The
				  Board shall have the burden of proving by clear and convincing evidence that
				  the judicial officer failed to comply with one or more of the terms of
				  probation.
(2) All testimony shall
				  be under oath.
(3) The Board and
				  the judicial officer shall be permitted to present evidence and examine and
				  cross-examine witnesses.
(4) The
				  judicial officer shall have the right to counsel.
(5) All hearings shall be public proceedings
				  conducted pursuant to the Rules of this Court and in accordance with the
				  principles of due process and the laws of evidence.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article II - Proceedings Based On The Filing Of Formal Charges › Chapter 5 - TRIAL PROCEDURES › Rule 506 - Appellate Review

Current through Register Vol. 54, No. 28, July 13, 2024
Appellate review shall be governed pursuant to Rules
					 promulgated by the Supreme Court.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article III - Other Proceedings › Chapter 6 - MENTAL OR PHYSICAL DISABILITY › Rule 601 - Mental or Physical Disability

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a Board Complaint alleges that a Judicial Officer
					 is physically or mentally disabled, or whenever, after the filing of a Board
					 Complaint, an issue is raised concerning a Judicial Officer's physical or
					 mental disability, the Court may take one or more of the following
					 actions:
(A) The Court may appoint a
				  lawyer to represent the Judicial Officer if the Judicial Officer is without
				  representation.
(B) Upon the
				  Court's own motion or upon motion of the Board or counsel for the Judicial
				  Officer, the Court may order a physical, psychiatric, or psychological
				  examination of the Judicial Officer. The Court may appoint one or more
				  professionals to examine the Judicial Officer and prepare a report. A copy of
				  the Report shall be given to the Judicial Officer. The Judicial Officer's
				  unexplained failure to submit to a physical, psychiatric, or psychological
				  examination required by the Court may be considered as evidence of physical or
				  mental disability.
(C) If, after
				  hearing, the Court determines that the Judicial Officer's physical or mental
				  disability renders him or her unable to defend against the Board Complaint, the
				  Court may defer any further proceedings until the Court determines, after
				  hearing, that the Judicial Officer is able to defend against the Board
				  Complaint. The Court may also enter an order transferring the Judicial Officer
				  to judicial inactive status.
(D) If
				  the Board Complaint includes a certified copy of another court's order
				  declaring the Judicial Officer incompetent, or involuntarily committing a
				  Judicial Officer, the Court shall enter an order immediately transferring the
				  Judicial Officer to judicial inactive status. The Court shall serve a copy of
				  the transfer order upon the Judicial Officer, any guardian, and the director of
				  any institution to which the Judicial Officer may be committed.
(E) The Judicial Officer transferred to
				  inactive status pursuant to this rule must file a petition with the Court
				  requesting permission to resume active status.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article III - Other Proceedings › Chapter 7 - OTHER RELIEF › Rule 701 - Other Relief Generally

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever the Board seeks relief other than the filing of
					 formal charges pursuant to Article V, § 18(b)(5) of the Pennsylvania
					 Constitution, it shall be initiated by a Petition for Relief as provided in
					 this Chapter.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article III - Other Proceedings › Chapter 7 - OTHER RELIEF › Rule 702 - Contents of Petition

Current through Register Vol. 54, No. 28, July 13, 2024
A Petition for Relief filed with the Court shall state with
					 particularity the grounds on which it is based, and shall set forth the order
					 or relief sought. A copy of the petition shall be served on the opposing party
					 concurrently with the filing of the petition. A petition may be made in the
					 alternative and pray for such alternative relief as may be appropriate. A
					 request for more than one type of relief may be combined in the same petition.
					 The petition shall state whether an evidentiary hearing or oral argument before
					 the Court is requested.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article III - Other Proceedings › Chapter 7 - OTHER RELIEF › Rule 703 - Answer

Current through Register Vol. 54, No. 28, July 13, 2024
Any party may file an answer to the petition within 14 days
					 after service of the petition unless the Court shortens or lengthens the time
					 for answering such petition.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article III - Other Proceedings › Chapter 7 - OTHER RELIEF › Rule 704 - Conference Judge

Current through Register Vol. 54, No. 28, July 13, 2024
The President Judge may appoint a member of the Court to
					 serve as Conference Judge on the case as provided by the rules of Chapter
					 3.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article III - Other Proceedings › Chapter 7 - OTHER RELIEF › Rule 705 - Hearing or Argument

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The
				  Conference Judge may schedule argument or an evidentiary hearing on the
				  petition.
(B) The President Judge
				  may schedule argument before the full Court on the petition.
(C) Any decision on the petition shall be
				  made by the full Court.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article III - Other Proceedings › Chapter 7 - OTHER RELIEF › Rule 706 - Verification

Current through Register Vol. 54, No. 28, July 13, 2024
A petition or answer which sets forth facts which do not
					 already appear of record, shall be verified by the party filing it or by
					 counsel for the Board, subject to penalties for unsworn falsification to
					 authorities under the Crimes Code,
					 18 Pa.C.S. §
											4904.
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 101 - Classification of Judges

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Judges who are serving a term of
					 office which has not expired shall be classified as Active Members or Judges.
					 Those Judges whose terms have expired, but who must continue to participate in
					 a hearing in accordance with Article V, § 18(b)(2), shall be classified as
					 Participating Former Members or Judges.
(B)The phrase ''any hearing in
					 progress'' as used in Article V, § 18(b)(2) refers to a trial on the merits
					 (not a pretrial matter) in which the Court has heard testimony from at least
					 the first witness.
(C)The requirement that a judge
					 continue to participate in ''any hearing in progress'' as used in Article V,
					 (b)(2) does not apply to any matter on remand from the Pennsylvania Supreme
					 Court. In the event of a remand, the then Active Members or Judges shall
					 preside over the matter.
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 102 - Composition of Court or Panel

Current through Register Vol. 54, No. 28, July 13, 2024
(A) En banc or full Court proceedings
					 shall be conducted by the entire Court. The President Judge shall preside
					 unless he or she is unavailable to participate, in which case, the empaneled
					 Judge most senior shall preside.
(B) Panels appointed to conduct a trial
					 pursuant to C.J.D.R.P. No. 501 shall be composed of no fewer than three Judges
					 of the Court, one of whom shall be the Conference Judge.
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 103 - Findings of Panel

Current through Register Vol. 54, No. 28, July 13, 2024
When the trial of a case is conducted by a Panel
						appointed pursuant to C.J.D.R.P. No. 501, findings of fact made by the Panel
						shall be accepted by the full Court so long as sufficient evidence exists in
						the record which is adequate to support the findings of the Panel. Thus will
						proper dererence be paid to the fact-finders who heard the witnesses testify
						and were in the sole position to observe their demeanor and assess their
						credibility.
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 104 - Location of Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
Proceedings before the Court shall be in Harrisburg,
						unless the Court selects another location for a proceeding.
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 105 - Duty Month Judges

Current through Register Vol. 54, No. 28, July 13, 2024
Each month an Active Judge of the Court shall be
						designated the duty Judge for the month. Assignment as duty Judge shall be
						based upon reverse seniority. A new assignment schedule shall be developed by
						the Court Administrator each year, following the appointment of new members,
						and shall be approved by the Court. The schedule shall reflect any previous
						service of members by ensuring that assignments are made in an equitable
						fashion.
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 106 - Conducting Conferences by Telephone

Current through Register Vol. 54, No. 28, July 13, 2024
When a particular proceeding does not entail the creation
						of a record or public access, the Court or a Judge conducting a conference, may
						elect to proceed by teleconference.
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 108 - Judicial Conferences

Current through Register Vol. 54, No. 28, July 13, 2024
The Court shall convene regularly to address the business
						of the Court. The President Judge shall preside over conferences. The Court
						Administrator shall develop an agenda for judicial conferences in consultation
						with the President Judge, who shall approve the agenda. The Court Administrator
						shall distribute copies of the agenda and any related materials to all Judges
						before the date of the judicial conference.
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 109 - Adoption of Rules of Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
When the Court determines that it should adopt or amend
						any rule of procedure, Counsel shall draft a proposed rule for consideration by
						the full Court. When the Court determines that the rule satisfies the purpose
						or need for the adoption or amendment, it shall vote upon the new or amended
						rule. When approved by a majority of the Court, the Court Administrator shall
						forward a copy of the rule to the Legislative Reference Bureau for initial
						publication in the
Pennsylvania Bulletin
, seeking responses in
						the form of criticisms or suggestions from the public. If suggestions or
						criticisms are received during the 30-day response period, the Court shall
						consider those suggestions and criticisms before final adoption of the rule,
						and, if a majority believes that the suggestions or criticisms should be
						reflected in the rule, the approval procedure described above shall be repeated
						and the full Court must approve the new draft for republication in the
Pennsylvania Bulletin
and response as set forth above. If the
						Court rejects the suggestions and criticisms, or if the Court receives no
						suggestions or criticisms, the Court Administrator shall submit the rule for
						final publication and adoption in the
Pennsylvania Bulletin.
All proposed and final rule adoptions and changes sent to the Legislative
						Reference Bureau shall be accompanied by a Per Curiam Order stating whether the
						publication is for public response or a final rule adoption. The Court may
						forego the above procedures herein described if it determines that exigent
						circumstances warrant the immediate adoption or amendment of a
						rule.
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 110 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The amendments
					 of 1993 to Article V, § 18 of the Pennsylvania Constitution establishing this
					 Court provide that this Court shall be a court of record, that formal charges
					 filed with the Court shall be a matter of public record, and that all hearings
					 conducted by the Court shall be public proceedings. Accordingly, all documents
					 filed of record with this Court pursuant to our Rules of Procedure shall be
					 available for public inspection upon reasonable notice to the Clerk of the
					 Court. Copies of documents shall be provided in accordance with C.J.D.R.P. No.
					 112.
All other documents, such as, for example, internal
						memoranda, are confidential. Members have the responsibility to safeguard the
						confidentiality of such documents. This responsibility shall continue after a
						member completes his term or leaves the Court for any reason.
(B) All members of the Court, staff employees
					 and any contractual employees shall at all times maintain strict
					 confidentiality concerning proceedings before the Court, and shall refrain from
					 discussing with persons not a member or employee of the Court the substance of
					 deliberations concerning any matter. This provision applies to all matters
					 involving the deliberative process regardless of whether the matter still is
					 pending or has already been decided.
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 111 - Recusal

Current through Register Vol. 54, No. 28, July 13, 2024
Recusal is an official means by which a member may
						disqualify himself or herself from participating in a pending matter. In this
						regard members shall be guided by Rule 5(C) of the Rules Governing the Conduct
						of Members of the Court of Judicial Discipline, pertaining to disqualification.
						When a member determines that he or she must recuse themselves from
						participation in a pending matter, they shall submit to the Court Administrator
						a memo indicating that they have recused themselves from participating in the
						pending matter. Such memo is necessary even if the member has officially
						recused himself or herself during the course of a Court proceeding. The memo
						need not specify the reasons for recusal.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › FORMAL COMPLAINTS › Section 201 - Assignment of Conference Judge

Current through Register Vol. 54, No. 28, July 13, 2024
When the Judicial Conduct Board files a Formal Complaint
						with the Court, the Court Administrator shall immediately notify the President
						Judge that a Formal Complaint has been filed. The President Judge shall appoint
						a Conference Judge or Judges in accordance with C.J.D.R.P. No. 301(D). The
						President Judge, at his or her discretion, may appoint two other members to
						serve as Co-conference Judges. In such a case, the Conference Judge and
						Co-conference Judges shall serve as a panel in the performance of all duties to
						be performed by a Conference Judge under this Court's Rules of Procedure and
						these Internal Operating Procedures.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › FORMAL COMPLAINTS › Section 202 - Distribution of Formal Complaints and Filings Related to Formal Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
When the Judicial Conduct Board files a Formal Complaint,
						the Court Administrator shall forward copies of the Complaint to all Active
						Judges of the Court. The Court Administrator shall forward copies of all
						pleadings and filings related to a Formal Complaint to all Active Judges. When
						a former member of the Court must participate in a pending matter by virtue of
						Article V, § 18(b)(2), the Court Administrator shall forward copies of
						pleadings and filings relating to the pending matter to such Participating
						Former Members.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › FORMAL COMPLAINTS › Section 203 - Orders and Decisions of Conference Judge

Current through Register Vol. 54, No. 28, July 13, 2024
When a Conference Judge issues an order or decision
						regarding a preliminary matter which the Conference Judge has the power to
						decide in accordance with C.J.D.R.P. Nos. 301 and 421, the Court Administrator
						shall circulate copies of said orders and decisions to all Active Judges, and,
						if applicable under I.O.P. No. 101, shall circulate said copies to
						Participating Former Members of the Court.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › FORMAL COMPLAINTS › Section 204 - Deferral of Disposition of Omnibus Motion by Conference Judge to the Full Court

Current through Register Vol. 54, No. 28, July 13, 2024
When, under the authority of C.J.D.R.P. No. 414(A), a
						Conference Judge determines that the full Court should dispose of an issue or
						issues raised in an Omnibus Motion, or, when, upon consideration of an Omnibus
						Motion, a Conference Judge proposes to dismiss a charge or terminate the case,
						under C.J.D.R.P. No. 414(C), he or she shall submit a memorandum to the
						President Judge summarizing the issues to be decided. The President Judge shall
						set a date for determination of the issues by the full Court and may schedule a
						date for hearing or argument if either is necessary.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › FORMAL COMPLAINTS › Section 205 - Certification by Conference Judge That Case is Ready for Trial

Current through Register Vol. 54, No. 28, July 13, 2024
Following the filing of Stipulations of Fact in Lieu of
						Trial under C.J.D.R.P. No. 502(D), or following pre-trial conference, and when
						the Conference Judge believes that a case is ready for trial, the Conference
						Judge shall certify to the President Judge that a case is ready for
						disposition. When the Conference Judge has certified a case as ready for
						disposition or trial, the President Judge shall set a date for trial or
						deliberation on the stipulations, as required.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › FORMAL COMPLAINTS › Section 206 - Deliberation Following Trial

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise decided by the Court, the Court shall
						convene immediately following the conclusion of trial in order to develop a
						general consensus as to matters necessary for adjudication.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › FORMAL COMPLAINTS › Section 207 - Assignment to Judge

Current through Register Vol. 54, No. 28, July 13, 2024
When the Court reaches a general dispository conclusion
						as to issues raised in a trial, the President Judge shall assign the matter to
						the Conference Judge to develop a draft decision, unless the Conference Judge
						is not in agreement with the majority vote, in which case, the President Judge
						shall assign the matter to a Judge whose conclusions are in accord with the
						majority.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › FORMAL COMPLAINTS › Section 208 - Disposition of Objections to Findings of Fact and Conclusions of Law

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of objections to the Court's Findings of
						Fact and Conclusions of Law, the Court Administrator shall forward such
						objections to the members of the Court. The President Judge shall obtain
						responses of the members to the objections as to whether the objections have or
						lack merit and whether the filing of briefs and/or oral argument is warranted.
						When a majority of the Court concludes that no briefs or argument is warranted,
						the President Judge shall cause to be issued an Order disposing of the
						objections. If a majority of the Court concludes that the filing of briefs
						and/or oral argument is warranted, the President Judge shall set a date for the
						filing of briefs and/or oral argument and thereafter cause to be drafted an
						order affirming the Court's Findings and Conclusions or addressing the
						revisions warranted by a majority of the Court, as the case may
						be.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › SANCTION PHASE OF PROCEEDINGS › Section 301 - Scheduling Sanction Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
When the Court has issued Findings of Fact and
						Conclusions of Law which have become final under C.J.D.R.P. No. 503(C), and
						when such Conclusions of Law authorize the Court to impose a sanction upon a
						judicial officer, the Court shall schedule a hearing on the sanction to be
						imposed. Orders scheduling sanction hearings shall direct the judicial
						respondent and the Judicial Conduct Board to submit a list of witnesses they
						propose to call at the hearing.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › SANCTION PHASE OF PROCEEDINGS › Section 302 - Sanction Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
The President Judge shall preside at sanction hearings
						unless he or she is unavailable to participate. The Board shall proceed first
						with the presentation of testimony, if it elects to present such testimony. The
						respondent shall follow with the presentation of testimony if he or she elects
						to present such testimony.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › SANCTION PHASE OF PROCEEDINGS › Section 303 - Deliberation Following Sanction Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
The Court shall convene following sanction hearings in
						order to determine the sanction to be imposed upon a judicial officer. A
						majority of participating Judges must agree upon a particular sanction in order
						for a sanction to be imposed.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › SANCTION PHASE OF PROCEEDINGS › Section 304 - Formal Sanction Order

Current through Register Vol. 54, No. 28, July 13, 2024
The Court may enter an order of sanction or discipline in
						open Court following deliberation, or it may defer the entry of its decision
						regarding sanctions for written disposition. However, in either case, the Court
						must reduce its sanction order to written form in accordance with C.J.D.R.P.
						No. 504(B).
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part IV - COURT OF JUDICIAL DISCIPLINE › Article IV - INTERNAL OPERATING PROCEDURES › Chapter 21 - INTERNAL OPERATING PROCEDURES › REQUESTS FOR OTHER RELIEF › Section 401 - Initial Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
When the Judicial Conduct Board files a Petition for
						Relief under C.J.D.R.P. No. 701, the Court Administrator shall inform the
						President Judge of the filing, and at his or her request shall immediately mail
						or fax a copy of the filing to the President Judge. If, upon review of the
						Petition, the President Judge deems that the matter should be expedited, he or
						she may convene the Court in person or by teleconference to determine whether
						the judicial officer must respond before the normal 14-day response period
						provided under C.J.D.R.P. No. 703. If the Court concludes that an expedited
						answer is warranted, the Court shall so notify the respondent by
						Order.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter A - PRELIMINARY PROVISIONS › Rule 101 - Title and Citation of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall be known as the Pennsylvania Rules of the
					 Judicial Ethics Advisory Board and may be cited as "Pa.R.J.E.A.B"
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter A - PRELIMINARY PROVISIONS › Rule 102 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  Rule.
Subject to additional definitions contained in subsequent
				  provisions of these rules which are applicable to specific provisions of these
				  rules, the following words and phrases when used in these rules shall have,
				  unless the context clearly indicates otherwise, the meanings given to them in
				  this rule:
"Administrative Office." The Administrative Office of
					 Pennsylvania Courts.
"Board." The Pennsylvania Judicial Ethics Advisory
					 Board.
"Codes." The Code of Judicial Conduct and the Rules
					 Governing Standards of Conduct of Magisterial District Judges.
"Judicial Officer." Any individual within the "Application"
					 language of either of the Codes, including judicial
					 candidates.
(b)
Number; Tense.
In these rules the singular shall contain the
				  plural, and the plural, the singular; and words used in the past or present
				  tense shall include the future.
Pennsylvania Code › Title 207 - JUDICIAL CONDUCT › Part V - JUDICIAL ETHICS ADVISORY BOARD › Chapter 1 - RULES OF THE JUDICIAL ETHICS ADVISORY BOARD › Subchapter A - PRELIMINARY PROVISIONS › Rule 103 - Authority for and Effect of Rules; Designation of Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authority for and Effect of
				  Rules.
Pursuant to its constitutional, statutory and inherent
				  authority as set forth in Section 10(c) of Article V of the Constitution of
				  Pennsylvania and in
				  42 Pa.C.S. Sec 1722 and
				  1723, the Supreme Court
				  hereby establishes a Judicial Ethics Advisory Board ("the Board"). The purpose
				  of the Board is to provide advice and guidance to judicial officers about
				  ethical matters that may arise in the ordinary course of judicial service, or
				  in the elective or appointive process.
(b)
Designation of Board.
The Board is hereby designated as the approved body to render advisory opinions
				  regarding ethical concerns involving all judicial officers and candidates for
				  all judicial offices, superseding the prior designations of committees of the
				  Pennsylvania Conference of State Trial Judges ("PCSTJ") and the Special Court
				  Judges Association of Pennsylvania ("SCJAP"). Advice provided under this
				  subchapter shall not be binding upon the Judicial Conduct Board, the Court of
				  Judicial Conduct, or the Supreme Court, but shall be entitled to such weight as
				  provided in these rules.