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PA Bulletin, Doc. No. 98-2015

THE COURTS

Title 207--JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

[207 PA. CODE CH. 5]

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

[28 Pa.B. 6068]

Per Curiam

Order

   And Now, this 24th day of November, 1998, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having adopted a proposed amendment to Rule of Procedure No. 502(F), as more specifically hereinafter set forth, It Is Hereby Ordered:

   That Rule of Procedure 502(F) shall become effective immediately.

Annex A

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.

   (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 court 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.

   (C)  Any witness 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 Complaints or Withdrawal of Counts.

   The Board may file a motion to withdraw a Complaint or any of the Counts in a Complaint, which, in either case, shall be supported by good cause.

[Pa.B. Doc. No. 98-2015. Filed for public inspection December 11, 1998, 9:00 a.m.]


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