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PA Bulletin, Doc. No. 09-2058

THE COURTS

Title 246—MINOR
COURT CIVIL RULES

PART I GENERAL

[ 246 PA. CODE CH. 200 ]

Order Amending Rule 206 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges; No. 262; Magisterial Rules

[39 Pa.B. 6426]
[Saturday, November 7, 2009]

Order

Per Curiam:

 And Now, this 22nd day of October, 2009, upon the recommendation of the Minor Court Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3):

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 206 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges is amended as follows.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(a)(3), and shall be effective immediately.

Annex A

TITLE 246. MINOR COURT CIVIL RULES

CHAPTER 200. RULES OF CONSTRUCTION; GENERAL PROVISIONS

Rule 206. Costs; Proceedings In Forma Pauperis.

*  *  *  *  *

 E. Proceedings in Forma Pauperis

*  *  *  *  *

 (vi) The petition for leave to proceed in forma pauperis and affidavit shall be substantially in the following form:

[Caption]

Petition

*  *  *  *  *

 3. I represent that the information below relating to my ability to pay the costs is true and correct:

 (a)

  Name: __________
Address: __________
__________

[Social Security No. _________________]

*  *  *  *  *

FINAL REPORT

 Amendment to Rule 206 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges

REMOVAL OF SOCIAL SECURITY NUMBER IN IFP PETITION

 On October 22, 2009, effective immediately, upon recommendation of the Minor Court Rules Committee,1 the Supreme Court of Pennsylvania approved an amendment to Rule 206 of the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.

I. Background and Discussion

 In the spring of 2007, the Court Administrator of Pennsylvania convened a working group to formulate a Statewide public access policy for official case records of the magisterial district courts. The working group was asked to specifically address release of sensitive information, such as social security numbers (''SSNs''). Staff Counsel for the Minor Court Rules Committee (''Committee'') was a member of the working group.

 The working group concluded that SSNs should not be included on forms filed with magisterial district courts if that information is unnecessary for the court's adjudication of the case or collection of the information is not otherwise required by law. In light of that conclusion, the working group asked Staff Counsel if the Committee would consider removing the SSN requirement from the in forma pauperis (''IFP'') petition described in Rule 206E(vi).

 The Committee members discussed the working group's request and agreed that the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges should be consistent with any procedures adopted by the Court governing access to information in the official case records of the magisterial district courts. In addition, the Committee unanimously concurred that there was no judicial rationale for requesting SSNs. Therefore, the Committee recommended removal of the SSN requirement from the IFP petition.

II. Approved Rule Changes

 Accordingly, the Committee proposed the deletion of the line in the IFP petition that requires entry of a petitioner's SSN.

 The Committee believes this amendment to be of a perfunctory nature. Therefore, the Committee respectfully recommended that the Court adopt this recommendation in accordance with Pa.R.J.A. No. 103(a)(3), without prior publication for public comment.

[Pa.B. Doc. No. 09-2058. Filed for public inspection November 6, 2009, 9:00 a.m.]

_______

1  Minor Court Rules Committee Recommendation 1-2009.


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