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PA Bulletin, Doc. No. 99-1119

THE COURTS

Title 201--RULES OF JUDICIAL ADMINISTRATION

[201 PA. CODE CH. 3]

Amendment of Rules 301, 302 and 311; No. 209 Judicial Administration Doc. No. 1

[29 Pa.B. 3713]

Order

Per Curiam:

   And Now, this 29th day of June, 1999, Rules 301, 302 and 311 of the Pennsylvania Rules of Judicial Administration are amended to read as follows.

   To the extent that notice of proposed rulemaking would be required by Rule 103 of the Pennsylvania Rules of Judicial Administration or otherwise, the immediate amendment of Rule 702 is hereby found to be required in the interest of justice and efficient administration.

   This Order shall be effective immediately and shall be processed in accordance with Rule 103(b) of the Pennsylvania Rules of Judicial Administration.

Annex A

TITLE 201.  RULES OF JUDICIAL ADMINISTRATION

CHAPTER 3.  JUDICIAL COUNCIL OF PENNSYLVANIA

JUDICIAL COUNCIL OF PENNSYLVANIA

Rule 301.  Judicial Council of Pennsylvania.

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   (b)  Composition. The Judicial Council shall consist of [27 members as follows] the following members:

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   (11)  Three non-judge members of the bar of the Supreme Court appointed by the Supreme Court from the Civil Procedural Rules Committee, the Criminal Procedural Rules Committee and the Minor Court [Civil Procedural] Rules Committee, [and] no more than one of whom shall be from the same Committee.

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   (19)  Such ex officio members as may be appointed by the Chief Justice. Ex officio members shall not vote on matters before the Council.

   (c)  Terms, etc. [Each member of the Judicial Council who does not hold office ex officio shall hold office for a term of three years and until his successor has been selected or appointed, or until his earlier death, resignation, disqualification or removal. The terms of members shall commence on October 1. A vacancy on the Council shall be filled by the respective selecting or appointing authority for the balance of the term. A member may be selected or reappointed any number of times. A member shall be removed automatically if he shall for any reason become disqualified for original selection or appointment.]

   (1)  A member of the Council other than an ex officio member shall serve for a term of three years commencing on October 1 and may be selected or reappointed any number of times. A member shall continue to serve upon expiration of a term of membership until a successor has been selected or appointed except if the member holds membership by virtue of an office set forth in subdivision (a).

   (2)  Membership shall automatically terminate upon a member's death, resignation, removal or disqualification for original selection or appointment. A vacancy on the Council shall be filled by the respective selecting or appointing authority for the balance of the term.

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Rule 302.  Organization and procedure.

   (a)  Officers. The Chief Justice of Pennsylvania shall be [Chairman and the Court Administrator shall be Secretary of the Judicial Council. Annually the Council shall elect such other officers of the Council as it deems necessary, who shall hold office at the pleasure of the Council] Chair and the Justice of the Supreme Court with most seniority on the Council shall be Vice-Chair. The Chair shall appoint the Secretary of the Judicial Council.

   (b)  Staff. The [Court Administrator] Executive Director shall be the chief administrative officer of the Judicial Council [and shall provide staff assistance for the Council]. The Court Administrator shall provide staff assistance to the Council when called upon to do so.

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   (e)  Committees. The Chair may appoint from the Council membership one or more committees and designate one of the members of each committee as committee chair. A committee chair may appoint ex officio members to a committee but such ex officio members shall neither vote on matters before the Committee nor be members of the Council.

   (f) [(e)]  Procedure. Except as otherwise [provided] prescribed by these rules, the proceedings of the Judicial Council shall be governed by internal regulations adopted by the Council.

POWERS OF THE JUDICIAL COUNCIL

Rule 311.  Recommendations to the Supreme Court.

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   (b)  Council-originated matters. The Judicial Council may [from time to time] make recommendations to the Supreme Court on matters relating to court administration.

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[Pa.B. Doc. No. 99-1119. Filed for public inspection July 16, 1999, 9:00 a.m.]


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