THE COURTS
PART II. INTERNAL OPERATING PROCEDURES
[ 210 PA. CODE CH. 69 ]
Revised Internal Operating Procedures of the Commonwealth Court
[43 Pa.B. 7074]
[Saturday, December 7, 2013]The Commonwealth Court has approved changes to its Internal Operating Procedures § 69.112, § 69.256, § 69.258, § 69.301, § 69.312, § 69.412, § 69.414, § 69.416 and § 69.502 found in 210 Pa. Code Chapter 69. As revised, these sections now read as follows. The amendments are effective immediately, November 21, 2013.
Annex A
TITLE 210. APPELLATE PROCEDURE
PART II. INTERNAL OPERATING PROCEDURES
CHAPTER 69. INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA
ORGANIZATION AND ASSIGNMENT OF JUDGES § 69.112. Courts En Banc and Panels; Composition.
(a) The president judge shall structure the judicial membership of en banc courts and panels to provide for rotation of judges. Before the day of argument, court personnel shall not identify the judicial membership of en banc courts and of panels to any other persons.
(b) The president judge may designate judges to serve on a special court en banc or panel to hear election law matters, appellate or original jurisdiction, on an expedited basis.
APPELLATE JURISDICTION § 69.256. Decisions; Effect of Disagreements.
(a) If a draft opinion in circulation in any case produces any combination of four or more proposed dissents, objections, or concurring opinions, the opinion-writing judge shall not file the opinion but shall notify the president judge to list the case for consideration at the next judicial conference. For purposes of this subsection the notation ''concur in result only'' shall not be considered in the foregoing combination. If, pursuant to vote after judicial conference consideration, a majority of all of the judges, as well as a majority of the judges who heard the case or to whom it was submitted on briefs, favor the result reached in the circulated draft opinion, that opinion, together with any concurring or dissenting opinions and notations of concurrences or dissents, shall be filed. Otherwise, if judicial conference consideration and vote does not warrant reassignment in accordance with § 69.254, the president judge shall list the case for reargument before the court en banc.
(b) When there exists a vacancy or a recusal among the commissioned judges that results in an even number of commissioned judges voting on a circulating panel opinion or en banc opinion, and when the vote of all participating commissioned judges results in a tie, the opinion shall be filed as circulated. The opinion shall contain a footnote on the first page indicating that the opinion is filed pursuant to this paragraph. Unless there is a majority vote of the participating commissioned judges to report, the opinion shall not be reported.
§ 69.258. Decisions; Election Law Appeals.
The procedures of §§ 69.252—69.257 shall not apply to election law appeals heard by a special court en banc or panel. The members of a special court en banc or panel, under the supervision of the president judge or presiding judge, shall reach and file their decision, together with concurrences and dissents, if any, as soon as possible, without circulation to, or participation by, the judges not sitting on the respective special court en banc or panel.
ORIGINAL JURISDICTION § 69.301. General; Applicability of Appellate Jurisdiction Procedures.
Sections 69.221 through 69.262, inclusive, of these Internal Operating Procedures under Appellate Jurisdiction, shall govern proceedings in original jurisdiction matters when those proceedings are before courts en banc and panels. Election law matters assigned to a special court en banc or panel shall be subject to § 69.258.
§ 69.312. Pretrial Matters; Subpoenas.
Subpoenas of the court may issue from the principal office of the prothonotary in Harrisburg.
DECISIONS § 69.412. Reporting of Opinions; Determination as to Reporting.
(a) Each judge who is the author of an opinion of a panel or the court en banc shall indicate, in circulating the opinion to the other members of the court, the authoring judge's recommendation as to whether the opinion shall be reported. A decision generally should be reported when it:
(1) establishes a new rule of law;
(2) applies an existing rule of law to facts significantly different than those stated in prior decisions;
(3) modifies or criticizes an existing rule of law;
(4) resolves an apparent conflict of authority;
(5) involves a legal issue of continuing public interest; or
(6) constitutes a significant, non-duplicative contribution to law because it contains:
(i) an historical review of the law,
(ii) a review of legislative history,
(iii) a review of conflicting decisions among the courts of other jurisdictions.
The recommendation shall govern the determination as to reporting, unless a majority of the commissioned members of the court disagrees with it.
(b) Except as provided in subsection (c) (relating to single judge opinions in election law matters), opinions of a single judge shall be filed but not reported unless, because of the unique character of the case, the prothonotary or the authoring judge shall recommend that the opinion be reported and a two-thirds majority of the commissioned members of the court shall concur with the recommendation.
(c) Opinions of a single judge or a special court en banc or panel in election law matters, original and appellate jurisdiction, shall be filed but not reported. Thereafter, the prothonotary or authoring judge may recommend that the opinion be reported. The recommendation shall be transmitted to the court, together with a copy of the unreported opinion and order, requesting the judges to indicate (1) their agreement or disagreement with the opinion and order, and (2) any disagreement as to the writer's recommendation concerning reporting. If a two-thirds majority of the commissioned members of the court agrees with the opinion and order and the recommendation concerning reporting, the unreported opinion and order shall be reported.
§ 69.414. Citing Judicial Opinions.
(a) An unreported opinion of this court may be cited and relied upon when it is relevant under the doctrine of law of the case, res judicata or collateral estoppel. Parties may also cite an unreported panel decision of this court issued after January 15, 2008, for its persuasive value, but not as binding precedent.
(b) Except as provided in subsection (d) (relating to single judge opinions in election law matters), a single-judge opinion of this court, even if reported, shall be cited only for its persuasive value and not as a binding precedent.
(c) A reported opinion of the Court en banc or panel may be cited as binding precedent.
(d) A reported opinion of a single judge filed after October 1, 2013, in an election law matter may be cited as binding precedent in an election law matter only.
§ 69.416. Reporting of Unreported Opinions.
After an opinion has been filed as unreported, the court, at any time on its own motion or on the motion of any person, may order the opinion to be reported. Motions to report unreported opinions shall be filed within 30 days after the filing of the opinion, and, except as otherwise provided in § 69.412(c), may be granted by majority vote of the commissioned judges.
MISCELLANEOUS § 69.502. Pennsylvania Cable Network (PCN) Guidelines
(a) General Provisions
* * * * * (7) All coverage must be gavel-to-gavel, including any rebroadcasts, with the exceptions of (a)(3) and (a)(4).
* * * * *
[Pa.B. Doc. No. 13-2251. Filed for public inspection December 6, 2013, 9:00 a.m.]
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