THE COURTS
Title 237—JUVENILE RULES
PART I. RULES
[ 237 PA. CODE CHS. 1 AND 11 ]
Order Amending the Comments to Rules 150 and 1150 of the Rules of Juvenile Court Procedure; No. 619 Supreme Court Rules Doc.
[43 Pa.B. 7547]
[Saturday, December 28, 2013]
Order Per Curiam
And Now, this 10th day of December, 2013, the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of efficient administration:
It Is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the Comments to Rules 150 and 1150 of the Pennsylvania Rules of Juvenile Court Procedure are amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective February 10, 2014.
Annex A
TITLE 237. JUVENILE RULES
PART I. RULES
Subpart A. DELINQUENCY MATTERS
CHAPTER 1. GENERAL PROVISIONS
PART B(2). COUNSEL Rule 150. Attorneys—Appearances and Withdrawals.
* * * * *
Comment * * * * * Under Rule 800, the Public Defender Act, 16 P. S. § 9960.1 et seq., was suspended only to the extent that the Public Defender Act conflicts with this rule and that separate counsel is to be appointed for juveniles when there is a conflict of interest. See Pa.R.P.C. Rules 1.7 and 1.9.
For admission pro hac vice, see Pa.B.A.R. 301.
Official Note: Rule 150 adopted April 1, 2005, effective October 1, 2005[; amended]. Amended February 26, 2008, effective April 1, 2008. Amended December 10, 2013, effective February 10, 2014.
Committee Explanatory Report:
* * * * * Final Report explaining the amendments to Rule 150 published with the Court's Order at 43 Pa.B. 7547 (December 28, 2013).
Subpart B. DEPENDENCY MATTERS
CHAPTER 11. GENERAL PROVISIONS
PART B(2). COUNSEL Rule 1150. Attorneys—Appearances and Withdrawals.
* * * * *
Comment See the Comment to Rule 1634 for assisting children in filing resumption of jurisdiction motions. It is best practice for the court to appoint the guardian ad litem or legal counsel who was previously assigned to the child as legal counsel in the re-opened case. If there are extenuating circumstances preventing the attorney from representing the child, the attorney should make this known at the time of the filing of the motion for resumption of jurisdiction so the court can assign a new attorney.
For admission pro hac vice, see Pa.B.A.R. 301.
Official Note: Rule 1150 adopted August 21, 2006, effective February 1, 2007. Amended October 21, 2013, effective December 1, 2013. Amended December 10, 2013, effective February 10, 2014.
Committee Explanatory Report:
* * * * * Final Report explaining the amendments to Rule 1150 published with the Court's Order at 43 Pa.B. 7547 (December 28, 2013).
EXPLANATORY REPORT
December 2013 The Supreme Court of Pennsylvania has adopted revisions of the Comments to Rules 150 and 1150. These revisions are effective February 10, 2014.
Concomitantly with this revision, Pennsylvania Bar Admission Rule 301 will be amended to incorporate the motion procedure set forth in Pennsylvania Rule of Civil Procedure 1012.1, as amended, for all candidates seeking admission pro hac vice in Pennsylvania. This amendment is intended to create a uniform statewide procedure for the pro hac vice admission process.
The scope of the Comment revisions is to add a cross-reference to Pennsylvania Bar Admission Rule 301 concerning pro hac vice admissions.
[Pa.B. Doc. No. 13-2422. Filed for public inspection December 27, 2013, 9:00 a.m.]
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