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PA Bulletin, Doc. No. 98-118

THE COURTS

Title 207--JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE
[207 PA. CODE CH. 5]

Amendment to the Rules of Procedure; Doc. No. 1JD94

[28 Pa.B. 359]

Per Curiam

Order

   And Now, this 6th day of January, 1998, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, and in accordance with this Court's Order dated November 21, 1997, having adopted a proposed new Rule of Procedure No. 505 and renumbering former Rule 505 as Rule 506, It Is hereby Ordered:

   That Rule of Procedure Nos. 505 and 506 shall become effective immediately.

Annex A

TITLE 207.  JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCPLINE

ARTICLE II.  PROCEEDINGS BASED ON THE FILING OF FORMAL CHARGES

CHAPTER 5.  TRIAL PROCEDURES

Rule 505.  Post Sanction Proceedings.

   (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.

   (D)  When the Court learns that the judicial officer may not be in compliance with the conditions of said probation, and the Judicial Conduct Board has not already filed a Petition alleging failure to comply with a condition of probation, the Court may ask the Board to undertake an inquiry to determine whether a violation has occurred. If upon investigation the Board finds that the judicial officer has violated the terms of probation, the Board may file a Petition and the matter shall proceed pursuant to Sections B and C of this Rule. If after investigation the Board finds that the judicial officer has not violated the terms of probation, the Board may file a Report stating in detail the basis for that conclusion, and requesting the Court to order the inquiry concluded, ended, and terminated. Notwithstanding the Board's conclusion that no violation of probation has occurred, the Court may order a hearing to determine whether a violation has occurred.

   (E)  If, after hearing, the Court determines that the judicial officer has violated the terms of probation, the Court may reconsider the original sanction imposed, revoke probation, and impose any sanction it could have ordered initially in its discretion under Article V, § 18(d)(1). If, after hearing, the Court concludes that the judicial officer has not violated the terms of probation, the Court shall enter an Order dismissing the allegation of violation.

   (F)  The Board and judicial officer shall serve each other with copies of any pleading filed with this Court under the provisions of this Rule.

Rule 506.  Appellate Review.

   Appellate review shall be governed pursuant to Rules promulgated by the Supreme Court.

[Pa.B. Doc. No. 98-118. Filed for public inspection January 23, 1998, 9:00 a.m.]


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