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PA Bulletin, Doc. No. 96-205

THE COURTS

Title 207--JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

Rules of Procedure; Court of Judicial Discipline Doc. No. 1 JD 94

[26 Pa.B. 661]

Per Curiam:

Order

   And Now, this 6th day of February, 1996, the Court of Judicial Discipline hereby enters the following Order:

   1.  Pursuant to Article V, Section 18(b)(4) of the Constitution of Pennsylvania, the Court of Judicial Discipline proposes: (1) to amend C.J.D.R.P.No. 502 by adopting new subsections (D)--(F) and (2) to adopt new Rule 112, in the following form.

   2.  The Court of Judicial Discipline requests that interested persons submit suggestions, comments or objections not later than 30 days from the date of publication of this Order in the Pennsylvania Bulletin to Wanda W. Sweigart, Court Administrator, 200 North Third Street, P. O. Box 1106, Harrisburg, PA 17108-1106.

Annex A

TITLE 207.  JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

ARTICLE I.  PRELIMINARY PROVISIONS

Rule 112.  Photocopies.

   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.

ARTICLE II. PROCEEDINGS BASED ON THE FILING OF FORMAL CHARGES

Rule 502.  Trial. Stipulations of Fact. Conclusions of Law. Withdrawal of Counts.

   (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. If the notes of testimony are transcribed, it shall be the duty of the court reporter to file the original transcript with the Clerk.

   (C)  Any witnesses shall have the right to be represented by counsel, but the witness' counsel shall not participate in the trial except by permission of the Court.

   (D)  Stipulations of Fact.

   (1)  In lieu of a trial, the parties may submit to the Court an agreed statement of all facts necessary to a decision of the issues in the case. Said statement as submitted shall be binding upon the parties and shall be adopted by the Court as the facts of the case upon which the decision shall be rendered. When submitted, any such statement shall include a signed waiver of any right to trial granted under the Constitution and the Rules of this Court.

   (2)  The parties may submit stipulations as to issues of fact to which they agree, but which do not resolve all relevant issues of fact. In such case, the parties shall be bound by the stipulations as submitted and the Court shall proceed to trial on all other remaining factual issues.

   (E)  Conclusions of Law.

   At the close of the evidence, the parties may submit suggested Conclusions of Law which the Court may consider in rendering the decision, however, said conclusions when submitted are not binding upon the Court.

   (F)  Withdrawal of Counts.

   The Board may file a motion to withdraw counts in a Complaint which shall be supported by a change in circumstances such as the loss of evidence or the unavailability of a necessary witness, or other justifiable reason.

[Pa.B. Doc. No. 96-205. Filed for public inspection February 16, 1996, 9:00 a.m.]


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