THE COURTS
Title 237—JUVENILE RULES
PART I. RULES
[ 237 PA. CODE CHS. 1 AND 11 ]
Order Approving the Revision of Comments to Rule 136 and Rule 1136 of the Rules of Juvenile Court Procedure; No. 695 Supreme Court Rules Doc.
[46 Pa.B. 2411]
[Saturday, May 14, 2016]
Order Per Curiam
And Now, this 29th day of April, 2016, 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):
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the Comments to Rule 136 and Rule 1136 of the Pennsylvania Rules of Juvenile Court Procedure are revised in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective immediately.
Annex A
TITLE 237. JUVENILE RULES
PART I. RULES
Subpart A. DELINQUENCY MATTERS
CHAPTER 1. GENERAL PROVISIONS
PART A. BUSINESS OF COURTS Rule 136. Ex Parte Communication.
* * * * *
Comment No ex parte communications with the court are to occur. Communications should include all parties, such as the filing of a motion, or conducting a conference or a hearing.
Attorneys are bound by the Rules of Professional Conduct. See Rules of Professional Conduct Rule 3.5(b). Judges are bound by the Code of Judicial Conduct. See Code of Judicial Conduct [Canon 3(A)(4)] Rule 2.9.
Attorneys and judges understand the impropriety of ex parte communications regarding matters pending before the court but many participants, such as probation officers and service providers, are not attorneys or judges. This rule ensures that all parties have received the same information that is being presented to the court so that it may be challenged or supplemented.
Administrative matters are not considered ex parte communications.
Official Note: Rule 136 adopted April 29, 2011, effective July 1, 2011. Amended April 29, 2016, effective immediately.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 136 published with the Court's Order at 41 Pa.B. 2413 (May 14, 2011).
Final Report explaining the amendment of Rule 136 published with the Court's Order at 46 Pa.B. 2411 (May 14, 2016).
Subpart B. DEPENDENCY MATTERS
CHAPTER 11. GENERAL PROVISIONS
PART A. BUSINESS OF COURTS Rule 1136. Ex Parte Communication.
* * * * *
Comment No ex parte communications with the court are to occur. Communications should include all parties, such as the filing of a motion, or conducting a conference or a hearing.
Attorneys are bound by the Rules of Professional Conduct. See Rules of Professional Conduct Rule 3.5(b). Judges are bound by the Code of Judicial Conduct. See Code of Judicial Conduct [Canon 3(A)(4)] Rule 2.9.
Attorneys and judges understand the impropriety of ex parte communications regarding matters pending before the court but many participants are not attorneys or judges. This rule ensures that all parties have received the same information that is being presented to the court so that it may be challenged or supplemented.
Administrative matters are not considered ex parte communications.
Official Note: Rule 1136 adopted April 29, 2011, effective July 1, 2011. Amended April 29, 2016, effective immediately.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1136 published with the Court's Order at 41 Pa.B. 2413 (May 14, 2011).
Final Report explaining the amendment of Rule 1136 published with the Court's Order at 46 Pa.B. 2411 (May 14, 2016).
FINAL REPORT1
Revision of the Comments to Juvenile Court Procedural Rules 136 & 1136 On January 8, 2014, the Court rescinded the then-existing provisions of the Code of Judicial Conduct effective July 1, 2014, and adopted new Canons 1 through 4 of the Code of Judicial Conduct of 2014, also effective July 1, 2014. See 44 Pa.B. 455 (January 25, 2014). At the direction of the Court, the Juvenile Court Procedural Rules Committee identified and updated references to the Code of Judicial Conduct in the Comments to Rule 136 and 1136.
[Pa.B. Doc. No. 16-815. Filed for public inspection May 13, 2016, 9:00 a.m.] _______
1 The Committee's Final Report should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the Committee's explanatory Final Reports.
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