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PA Bulletin, Doc. No. 01-1952

THE COURTS

Title 207--JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

[207 PA. CODE CHS. 1 AND 7]

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

[31 Pa.B. 6031]

Order

Per Curiam:

   And Now, this 23rd day of October, 2001, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having adopted proposed amendments to Rules of Procedure No. 102, 701, and 704--708, as more specifically hereinafter set forth, It Is Hereby Ordered:

   That Court Administrator Wanda W. Sweigart provide for the publication of the Amendment in the Pennsylvania Bulletin, and

   That interested parties shall submit suggestions, comments, or objections no later than thirty days from the publication of this Order in that Bulletin.

Annex A

TITLE 207.  JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

ARTICLE I.  PRELIMINARY PROVISIONS

CHAPTER 1.  GENERAL PROVISIONS
IN GENERAL

Rule 102.  Definitions.

   The following words and phrases when used in these rules shall have the following meanings, unless the context or subject matter otherwise requires:

*      *      *      *      *

   Conference Judge is a Court member appointed by the President Judge following the filing of a Board Complaint, to preside at the pre-trial conference, to rule on the omnibus motion, and, during a panel hearing, to make evidentiary rulings. A Conference Judge may also be appointed by the President Judge to rule on [preliminary motions] petitions filed in proceedings other than those initiated by the filing of a Board Complaint.

ARTICLE III.  OTHER PROCEEDINGS

CHAPTER 7.  OTHER RELIEF

Rule 701.  Other Relief Generally.

   Whenever the Board [or a Judicial Officer] seeks relief [on grounds] other than by the filing of formal charges pursuant to Article V, § 18(b)(5) of the Pennsylvania Constitution, it shall be initiated by a Petition for Relief as provided in this Chapter.

*      *      *      *      *

Rule 704.  [Motion to Dismiss] Conference Judge.

   [Any party may file a motion to dismiss the petition on any legal ground within 14 days after the service of the petition unless the Court shortens or lengthens the time for filing such motion.

   The motion shall state with particularity the grounds for the motion and the facts and legal principles which support each ground. The motion shall be divided into consecutively numbered paragraphs, each containing only one material allegation as far as practicable.] The President Judge may appoint a member of the Court to serve as Conference Judge on the case as provided by the rules of this Chapter 7.

Rule 705.  [Reply to Motion to Dismiss] Hearing or Argument.

   (A)  [Any party may file a reply to the motion to dismiss within 10 days of the filing of the motion unless the Court shortens or lengthens the time for filing such reply.] The Conference Judge may schedule argument or an evidentiary hearing on the petition.

   (B)  [The reply shall be divided into consecutively numbered paragraphs corresponding to the numbered paragraphs of the motion. The reply shall meet the allegations of the motion.] The President Judge may schedule argument before the full Court on the petition.

   (C)  Any decision on the petition shall be made by the full Court.

Rule 706.  [Preliminary Motions.

   (A)  Preliminary motions in a matter other than one commenced by the filing of formal charges may be decided by a Conference Judge appointed by the President Judge for that purpose. The Conference Judge may schedule a hearing or argument on the motion, as is appropriate, or may defer any ruling to be decided by the Court. No ruling on a preliminary motion shall constitute a final order for the purpose of appeal.

   (B)  A decision by the Conference Judge which has the effect of terminating a proceeding based on a Petition for Relief shall be reviewed by the full Court. A majority vote shall be required to sustain such a decision.

Rule 707.]  Verification.

   A petition[,] or answer [, motion or reply] which sets forth facts which do not already appear of record, shall be verified by the party filing it or by counsel for the Board, subject to penalties for unsworn falsification to authorities under the Crimes Code, 18 Pa.C.S. § 4904.

[Rule 708.  Hearing or Argument.

   The Court may schedule argument or an evidentiary hearing on the petition.]

[Pa.B. Doc. No. 01-1952. Filed for public inspection November 2, 2001, 9:00 a.m.]


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