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PA Bulletin, Doc. No. 06-1484

THE COURTS

Title 207--JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

[207 PA. CODE CHS. 1 AND 3]

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

[36 Pa.B. 4172]
[Saturday, August 5, 2006]

Order

Per Curiam

   And Now, this 26th day of July, 2006, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having proposed amendments to Rules of Procedure Nos. 102 and 301, 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 CONDUCT

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:

*      *      *      *      *

   [Preliminary Conference Judge is a member of the Court appointed by the President Judge when deemed appropriate to convene and preside at a preliminary conference.]

*      *      *      *      *

ARTICLE II.  PROCEEDINGS BASED ON THE FILING OF FORMAL CHARGES

CHAPTER 3.  INITIATION OF FORMAL CHARGES

Rule 301.  Initiating Formal Charges; [Preliminary Conference Judge;] Conference Judge; Scheduling.

*      *      *      *      *

   [(B)  Appointment of Preliminary Conference Judge. If the Clerk does not receive an entry of appearance for the Judicial Officer within 15 days of service of the Complaint as specified in Rule 302(B), the Clerk shall so notify the President Judge. Within five (5) days of receipt of such notification the President Judge shall appoint a member of the Court to serve as Preliminary Conference Judge.

   (C)  Duties of Preliminary Conference Judge. As soon as practicable after appointment, the Preliminary Conference Judge shall schedule and conduct a preliminary conference at which the Judicial Officer shall be advised of his or her right to be represented by counsel.

   (D)] (B)  Appointment of Conference Judge. Within 10 days after a Board Complaint is filed pursuant to paragraph (A), the President Judge shall appoint a member of the Court to serve as Conference Judge on the case as provided in these rules.

   [(E)] (C)  Duties of Conference Judge Following the Filing of Formal Complaint. In addition to the other duties of Conference Judge set forth in these rules, the Conference Judge shall:

*      *      *      *      *

   [(F)] (D)  The Clerk shall serve certified copies of orders scheduling pre-trial conferences and trials to the Board and the Judicial Officer.

[Pa.B. Doc. No. 06-1484. Filed for public inspection August 4, 2006, 9:00 a.m.]


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