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PA Bulletin, Doc. No. 01-496

THE COURTS

Title 201--RULES OF JUDICIAL ADMINISTRATION

[201 PA. CODE CH. 3]

Amendment of Rules 301 and 302; No. 228 Judicial Administration Doc. No. 1

[31 Pa.B. 1555]

Order

Per Curiam

   And Now, this 12th day of March, 2001, Rules 301 and 302 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 Rules 301 and 302 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.

   (a)  Establishment and Status. There shall be a Judicial Council of Pennsylvania. All actions of the Judicial Council shall be subject to the supervision and approval of the Supreme Court.

   (b)  Composition. The Judicial Council shall consist of the following members:

   (1)  The Chief Justice of Pennsylvania

   (2)  Two Justices of the Supreme Court selected by the Supreme Court

   (3)  The Court Administrator of Pennsylvania

   (4)  The President Judge of the Superior Court

   (5)  The President Judge of the Commonwealth Court

   (6)  The President Judge of the Court of Common Pleas of Philadelphia County

   (7)  The President Judge of the Court of Common Pleas of Allegheny County

   (8)  The President of the Pennsylvania Conference of State Trial Judges

   (9)  Three judges of the Courts of Common Pleas appointed by the Supreme Court from judicial districts other than the First and the Fifth judicial districts and no more than one of whom shall be from the same judicial district

   (10)  One member appointed by the Supreme Court from judges of courts other than the appellate courts and the courts of common pleas

   (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 Rules Committee, no more than one of whom shall be from the same Committee

   (12)  One non-judge member of the bar of the Supreme Court appointed by the Supreme Court

   (13)  Three non-lawyer electors appointed by the Chief Justice of Pennsylvania each of whom shall be selected from a different geographical area of the Commonwealth

   (14)  One member of the Senate of Pennsylvania, appointed by the President Pro Tempore of the Senate

   (15)  One member of the House of Representatives, appointed by the speaker of the House of Representatives

   (16)  Three members appointed by the Governor

   (17)  One member of the Senate of Pennsylvania, appointed by the Minority Leader of the Senate

   (18)  One member of the House of Representatives, appointed by the Minority Leader of the House of Representatives

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

   (c)  Terms, etc.

   (1)  A member of the Council other than the [ex officio] advisory 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 [filed] filled by the respective selecting or appointing authority for the balance of the term.

   (d)  Expenses.  All members of the Council shall be reimbursed for expenses necessarily incurred in the discharge of their official duties.

Rule 302.  Organization and procedure.

   (a)  Officers.  The Chief Justice of Pennsylvania shall be 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 Executive Director shall be the chief administrative officer of the Judicial Council. The Court Administrator shall provide staff assistance to the Council when called upon to do so.

   (c)  Meetings. Meetings of the Council shall be held at such times as may be specified by the Chief Justice.

   (d)  Quorum. A majority of the members of the Judicial Council in office shall be a Quorum.

   (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] advisory members to a committee but such [ex officio] advisory members shall neither vote on matters before the committee nor be members of the Council.

   (f)  Procedure. Except as otherwise prescribed by these rules, the proceedings of the Judicial Council shall be governed by internal regulations adopted by the Council. Amended October 10, 1979, effective October 20, 1979; amended June 29, 1999, immediately effective.

[Pa.B. Doc. No. 01-496. Filed for public inspection March 23, 2001, 9:00 a.m.]


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