THE COURTS
[207 PA. CODE CH. 21]
Internal Operating Procedures; Doc. No. 1 JD 94
[31 Pa.B. 6918] Per Curiam:
Order And Now, this 5th day of December, 2001, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having decided to eliminate Sections 402--405 of the Internal Operating Procedures, said Sections following hereto, It Is Hereby Ordered that the elimination of Sections 402--405 of the Internal Operating Procedures shall become effective immediately.
Annex A
TITLE 207. JUDICIAL COURT
PART IV. COURT OF JUDICIAL DISCIPLINE
ARTICLE IV. INTERNAL OPERATING PROCEDURES
CHAPTER 21. INTERNAL OPERATING PROCEDURES
REQUESTS FOR OTHER RELIEF [§ 402. Conference Judge.
As provided under C.J.D.R.P. No. 706, the President Judge may appoint a Conference Judge or Judges to preside over preliminary motions arising in a matter commenced under Chapter 7. The President Judge, at his or her discretion, may appoint two other members to serve as Co-conference Judges. In such a case, the Conference Judge and Co-conference Judges shall serve as a panel in the performance of all duties to be performed by a Conference Judge under the Court's Rules of Procedure and these Internal Operating Procedures. When the Conference Judge or Judges deem that a ruling regarding a preliminary motion should be deferred to the judgment of the full Court, they shall forward to the President Judge a memorandum describing the issue to be resolved by the full Court.
§ 403. Preliminary Motions Deferred to the Full Court.
When a Conference Judge defers to the full Court a preliminary motion under C.J.D.R.P. No. 706, the President Judge shall set a date for hearing or argument before the full Court, if the matter requires the presentation of evidence or warrants oral argument, or may convene the Court by teleconference, if the matter does not require the presentation of evidence or oral argument.
§ 404. Hearing and Oral Argument Requested.
When a Petition for Relief filed by the Judicial Conduct Board under C.J.D.R.P. No. 702 indicates that an evidentiary hearing or oral argument is required, the President Judge shall review the request. If following the filing of a judicial officer's response, the President Judge concludes that the presentation of evidence or oral argument is required, he or she shall set a date for hearing or oral argument.
§ 405. Deliberation and Decision.
Following the receipt of the judicial officer's answer to the Judicial Conduct Board's Petition, or, if the Court has elected to convene for a formal hearing or oral argument under I.O.P. No. 404, following the hearing or oral argument, the Court shall deliberate upon the issues and relief requested. If a formal written decision requiring findings of fact and conclusions of law is warranted, the President Judge shall designate a Judge to draft said findings of fact and conclusions of law. Drafting of such findings and conclusions, circulation, voting and filing, shall be accomplished in the same manner in which such decisions are processed under Section 2 of these Internal Operating Procedures, relating to Formal Complaints. If the full Court deems that an Order only is warranted, the President Judge shall direct Counsel to prepare an Order that incorporates the decision of the Court, which shall be approved by the President Judge for circulation and approval by the full Court.]
[Pa.B. Doc. No. 01-2265. Filed for public inspection December 21, 2001, 9:00 a.m.]
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