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PA Bulletin, Doc. No. 09-188

THE COURTS

Title 207--JUDICIAL CONDUCT

PART II.  CONDUCT STANDARDS

[ 207 PA. CODE CH. 51 ]

Order Amending Rules 19 and 21 of the Rules Governing Standards of Conduct of Magisterial District Judges; No. 254; Magisterial Doc. No. 1

[39 Pa.B. 675]
[Saturday, February 7, 2009]

Order

Per Curiam:

   And Now, this 21st day of January, 2009, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, Rules 19 and 21 of the Rules Governing Standards of Conduct of Magisterial District Judges are amended to read as follows.

   To the extent that notice of proposed rulemaking would be required by Rule 103 of the Pennsylvania Rules of Judicial Administration or otherwise, the immediate amendment of Rules 19 and 21 is hereby found to be required in the interests of justice and efficient administration.

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

Annex A

TITLE 207.  JUCIDIAL CONDUCT

PART II.  CONDUCT STANDARDS

CHAPTER 51.  STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES

PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES

Rule 19.  Certification requirements of interested persons.

   (a)  Magisterial district judges, [bail commissioners] arraignment court magistrates, and judges of the Philadelphia Traffic Court who are not members of the bar of this Commonwealth must complete a course of training and instruction in the duties of their respective offices and pass an examination and be certified by the Administrative Office of Pennsylvania Courts prior to assuming office.

   (b)(1)   Any interested individual may apply to the [Administrative Office of Pennsylvania Courts] Minor Judiciary Education Board to be enrolled in the course of training and instruction and take the examination to be certified.

   (2)  Any individual who has successfully completed the course of training and instruction and passed the examination, but who has not served as a magisterial district judge, [bail commissioner] arraignment court magistrate, or judge of the Philadelphia Traffic Court shall be certified for only a two year period, and must complete the continuing education course every year in order to maintain his or her certification.

   (c)  Any individual certified under paragraph (b) who has not served as a magisterial district judge, [bail commissioner] arraignment court magistrate, or judge of the Philadelphia Traffic Court within two years will be required to take a review course as defined by the Minor Judiciary Education Board and pass an examination in order to maintain certification by the Administrative Office of Pennsylvania Courts as qualified to perform duties as required by the Constitution of Pennsylvania.

   Official Note:  This rule was amended in 2006 to limit to two years the period of certification for individuals who have successfully completed the certification course and examination but have not served as judges or [bail commissioners] arraignment court magistrates. The rule permits individuals who are certified to serve as judges or [bail commissioners] arraignment court magistrates but who have not done so within two years of certification to take a review course and pass an examination to maintain their certification for an additional two year period. Admission to the review course and recertification examination under paragraph (c) may be limited by the availability of space. In addition, the rule requires that all certified individuals must attend the annual continuing education course to maintain certification.

   Added and effective November 14, 1990. Amended January 6, 2005, effective January 29, 2005; November 21, 2005, immediately effective; March 8, 2006, effective July 1, 2006; January 21, 2009, immediately effective.

Rule 21.  Continuing Education Requirement: Senior Magisterial District Judges.

   (a)  Any magisterial district judge who has been certified by the Administrative Office of Pennsylvania Courts as eligible to serve as a senior magisterial district judge shall be admitted to the continuing education program sponsored by the Minor Judiciary Education Board every year as required by Rule 20.

   (b)  In the event that the Court Administrator of Pennsylvania notifies the Minor Judiciary Education Board that a senior magisterial district judge has not accepted an assignment for a continuous period of two years, the Minor Judiciary Education Board may refuse to enroll the senior magisterial district judge in the continuing education program.

   Official Note:  With regard to certification of senior judges, see Pa.R.J.A. No. 701.

   This rule was amended in 2006 to delete the provision relating to the continuing education of persons who have successfully completed the course of training and instruction and examination but have not served as judges or [bail commissioners] arraignment court magistrates. The continuing education requirement of those persons is governed by Rule 19.

   Added and effective November 14, 1990. Amended April 12, 1995, immediately effective; January 6, 2005, effective January 29, 2005; November 21, 2005, immediately effective; March 8, 2006, effective July 1, 2006; January 21, 2009, immediately effective.

[Pa.B. Doc. No. 09-188. Filed for public inspection February 6, 2009, 9:00 a.m.]


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