THE COURTS

PART I. RULES

[ 237 PA. CODE CHS. 1 AND 11 ]

Order Amending Rules 120 and 1120 of the Rules of Juvenile Court Procedure; No. 603 Supreme Court Rules Doc.

[43 Pa.B. 3941]
[Saturday, July 13, 2013]

Order

Per Curiam

 And Now, this 24th day of June, 2013, upon the recommendation of the Juvenile Court Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3); and an Explanatory Report to be published with this Order:

 It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the modifications to Rules 120 and 1120 of the Rules of Juvenile Court Procedure are approved in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective January 1, 2014.

Annex A

TITLE 237. JUVENILE RULES

PART I. RULES

Subpart A. DELINQUENCY MATTERS

CHAPTER 1. GENERAL PROVISIONS

PART A. BUSINESS OF COURTS

Rule 120. Definitions.

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 CLERK OF COURTS is that official in each judicial district who has the responsibility and function under state law or local practice to maintain the official court record and docket, without regard to that person's official title. A party to the proceedings shall not function as the clerk of courts.

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Comment

 A party to the proceedings is not to function as the clerk of courts. Because the clerk of courts maintains the official court record, this person is to remain neutral and unbiased by having no personal connection to the proceedings.

 ''Clerk of courts'' is the person given the power under state law or local practice to maintain the official court record. See Rule 166 for additional responsibilities of the clerk of courts.

*  *  *  *  *

 Official Note: Rule 120 adopted April 1, 2005, effective October 1, 2005. Amended December 30, 2005, effective immediately. Amended March 23, 2007, effective August 1, 2007. Amended February 26, 2008, effective June 1, 2008. Amended July 28, 2009, effective immediately. Amended December 24, 2009, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 20, 2011, effective July 1, 2011. Amended September 7, 2011, effective immediately. Amended September 20, 2011, effective November 1, 2011. Amended May 21, 2012, effective August 1, 2012. Amended June 24, 2013, effective January 1, 2014.

Committee Explanatory Reports:

*  *  *  *  *

 Final Report explaining the amendments to Rule 120 published with the Court's Order at 43 Pa.B. 3941 (July 13, 2013).

Subpart B. DEPENDENCY MATTERS

CHAPTER 11. GENERAL PROVISIONS

PART A. BUSINESS OF COURTS

Rule 1120. Definitions.

*  *  *  *  *

 CLERK OF COURTS is that official in each judicial district who has the responsibility and function under state law or local practice to maintain the official court record and docket, without regard to that person's official title. A party to the proceedings shall not function as the clerk of courts.

*  *  *  *  *

 PARTY is a person [who is legally entitled] or the county agency who has standing to participate in the proceedings but nothing in these Rules confers standing upon a person.

*  *  *  *  *

Comment

 A party to the proceedings is not to function as the clerk of courts. Because the clerk of courts maintains the official court record, this person is to remain neutral and unbiased by having no personal connection to the proceedings. The county agency is a party to the proceeding and [should not] is not to function as the ''Clerk of Courts.''

*  *  *  *  *

 Official Note: Rule 1120 adopted August 21, 2006, effective February 1, 2007. Amended March 19, 2009, effective June 1, 2009. Amended December 24, 2009, effective immediately. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 20, 2011, effective July 1, 2011. Amended June 24, 2013, effective January 1, 2014.

Committee Explanatory Reports:

*  *  *  *  *

 Final Report explaining the amendments to Rule 1120 published with the Court's Order at 43 Pa.B. 3941 (July 13, 2013).

Explanatory Report
June 2013

 The Supreme Court of Pennsylvania has adopted the amendments to Rules 120 and 1120. The amendments are effective January 1, 2014.

 The Committee recommended that a party, including the county agency, be prohibited from acting as clerk of courts.

 It has always been understood that a party to the proceeding should not serve as clerk of courts. The clerk of courts is to be an unbiased and neutral person. The revisions to the Rules clarify the intent of the Rules.

 Additionally, the county agency is being added to the definition of ''party'' because they are not technically a ''person.''

[Pa.B. Doc. No. 13-1242. Filed for public inspection July 12, 2013, 9:00 a.m.]

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