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PA Bulletin, Doc. No. 01-497

THE COURTS

Title 207--JUDICIAL CONDUCT

PART II.  CONDUCT STANDARDS
[207 PA. CODE CH. 51]
Title 246--MINOR COURT CIVIL RULES

PART I.  GENERAL

[246 PA. CODE CH. 100]

Order Amending Rules 7 and 112 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices; No. 126 Magisterial Doc. No. 1; Book No. 2

[31 Pa.B. 1556]

   The Minor Court Rules Committee has prepared a Final Report explaining the amendments and revisions to Rules 7 and 112 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices, effective April 1, 2001. These rule changes correct cross-references to the newly renumbered Pennsylvania Rules of Criminal Procedure contained within the Rules of Conduct, Office Standards and Civil Procedure for District Justices. The Final Report follows the Court's Order.

Order

Per Curiam:

   Now, this 6th day of March, 2001, upon the recommendation of the Minor Court Rules Committee; the proposal having been submitted without publication in the interest of justice pursuant to Pa.R.J.A. No. 103(a)(3), and a Final Report to be published with this Order,

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 7 and 112 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices are amended in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective April 1, 2001.

Annex A

TITLE 207.  JUDICIAL CONDUCT

PART II.  CONDUCT STANDARDS

CHAPTER 51.  STANDARDS OF CONDUCT OF DISTRICT JUSTICES

Rule 7.  Broadcasting, Televising, Recording, Photography.

*      *      *      *      *

Official Note:

   This rule is derived from Canon 3A(7)(a), (b) of the American Bar Association and Pennsylvania Supreme Court Code of Judicial Conduct. With respect to proceedings before district justices, it did not seem desirable to include the authority for reproduction for educational purposes set forth in Canon 3A(7)(c). This rule is not intended to affect or limit Pa.R.Crim.P. [27] 112.

   Former Rule 6, relating to definitions, renumbered Rule 7 May 1, 1970; revoked Feb. 1, 1973. New Rule 7 adopted effective Feb. 1, 1973. Amended Oct. 17, 1975, effective in 90 days; June 30, 1982, effective 30 days after July 17, 1982; Note revised March 6, 2001, effective April 1, 2001.

TITLE 246.  MINOR COURT CIVIL RULES

PART I.  GENERAL

CHAPTER 100.  RULES AND STANDARDS WITH RESPECT TO OFFICES OF DISTRICT JUSTICES

Rule 112.  Temporary Assignments of District Justices.

   A.  The president judge of the court of common pleas of a judicial district, or in his or her absence the available judge of that court longest in continuous service, may assign temporarily the district justice of any magisterial district to any other magisterial district or the Pittsburgh Magistrates Court or the Traffic Court of Philadelphia whenever such an assignment is required for the efficient administration of justice.

   B.  [When a] A district justice [is] temporarily assigned under subdivision A of this rule [ , he] shall have the jurisdiction and authority of the office the duties of which he or she is temporarily performing and [he] may continue to exercise [his] jurisdiction and authority to his or her own magisterial district.

Official Note:

   [See the 1968 Constitution of Pennsylvania, Article V] See Pa. Const. art. V, § 10(a). This rule does not provide for temporary assignment of senior district justices by president judges. [See also Pa. R. Crim. P. 23 and 24] See also Pa.Rs.Crim.P. 132 and 133.

   Adopted June 1, 1971. Amended Oct. 17, 1975, effective in 90 days; April 25, 1979, effective in 30 days; amended March 6, 2001, effective April 1, 2001.

FINAL REPORT1

Amendments and Revisions to Rules 7 and 112 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices

   On March 6, 2001, effective April 1, 2001, upon the recommendation of the Minor Court Rules Committee, the Supreme Court of Pennsylvania amended or approved revisions to the Notes to Rules 7 (Broadcasting, Televising, Recording, Photography), and 112 (Temporary Assignments of District Justices) of the Rules of Conduct, Office Standards and Civil Procedure for District Justices.

I.  Background

   The Committee undertook a review of all cross-references to the Pennsylvania Rules of Criminal Procedure contained within the Rules of Conduct, Office Standards and Civil Procedure for District Justices in response to correspondence from Anne T. Panfil, Esq., Chief Staff Counsel to the Criminal Procedural Rules Committee. Ms. Panfil alerted the Committee that the Rules of Criminal Procedure have been reorganized and renumbered effective April 1, 2001, and suggested that the Committee review and change any cross-references to the Criminal Rules contained within the Rules of Conduct, Office Standards and Civil Procedure for District Justices before the effective date of the Criminal Rules changes.

   The Committee identified two cross-references to the Criminal Rules that required revision, contained in the Note to Rule 7 and the Note to Rule 112. The Committee recommended that these cross-references be revised, effective April 1, 2001, to reflect the new numbering scheme of the Criminal Rules.

   In conjunction with the revisions to the Criminal Rules cross-references, the Committee also recognized the need for several technical or ''housekeeping'' amendments to Rule 112.

   This recommendation was submitted to the Supreme Court in accordance with Pa.R.J.A. No. 103(a)(3), without being published for public comment, because the amendments and revisions are technical and perfunctory in nature.

II  Discussion of Rule Changes

   A.  Rule 7

   The Note to Rule 7 of the Rules Governing Standards of Conduct of District Justices (Broadcasting, Televising, Recording, Photography) contains a reference to Pa.R.Crim.P. 27 (Publicity and Recording of Proceedings). The Committee recommended that this be revised to reference the new Pa.R.Crim.P. 112, effective April 1, 2001, with no substantive changes to the rule or Note.

   B.  Rule 112

   The Note to Rule 112 of the Rules and Standards With Respect to Offices of District Justices (Temporary Assignments of District Justices) contains a reference to Pa.R.Crim.P. 23 (Continuous Availability and Temporary Assignment of Issuing Authorities) and 24 (Powers of Temporarily Assigned Issuing Authorities). The Committee recommended that this be revised to reference the new Pa.Rs.Crim.P. 132 and 133, effective April 1, 2001, with no substantive change to the rule or Note.

   C.  Other Technical and ''Housekeeping'' Amendments

   In addition to the cross-references to the Rules of Criminal Procedure, while reviewing Rule 112, the Committee identified the need for several minor changes to correct citation form and to address gender neutrality concerns, and recommended that the rule and Note be amended accordingly.

______

 1 The Committee's Final Report should not be confused with the official Committee Notes to the Rules. Also, the Supreme Court of Pennsylvania does not adopt the Committee's Notes or the contents of the Committee's explanatory Final Reports.

[Pa.B. Doc. No. 01-497. Filed for public inspection March 23, 2001, 9:00 a.m.]


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