THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[ 204 PA. CODE CH. 81 ]

Proposed Amendments to the Rules of Professional Conduct Regarding Statements Concerning Judges and Other Adjudicatory Officers and Impartiality and Decorum of the Tribunal

[46 Pa.B. 4820]
[Saturday, August 6, 2016]

 Notice is hereby given that The Disciplinary Board of the Supreme Court of Pennsylvania is considering recommending to the Pennsylvania Supreme Court that it adopt amendments to Pennsylvania Rules of Professional Conduct (RPC) 3.5 relating to Impartiality and Decorum of the Tribunal and RPC 8.2 relating to Statements Concerning Judges and Other Adjudicatory Officers, as set forth in Annex A.

 RPC 3.5 pertains to impartiality and decorum of the tribunal and prohibits improper influence, ex parte contacts, improper contacts with jurors, and conduct disruptive to the tribunal. In furtherance of ethical practice, lawyers should be familiar with the codes regulating the judiciary. Current Comment (1) to RPC 3.5 states ''Many forms of improper influence upon a tribunal are proscribed by criminal law. Others are specified in the ABA Model Code of Judicial Conduct, with which an advocate should be familiar.'' Proposed changes to Comment (1) provide that an advocate should be familiar with the Code of Judicial Conduct and the Rules Governing Standards of Conduct of Magisterial District Justices. These sets of rules are specific to Pennsylvania and replace the reference to the ABA Model Code.

 In addition to the substantive changes, the Board takes this opportunity to make a typographical correction to RPC 3.5(c)(3).

 RPC 8.2(b) states ''A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct.'' Comment (2) explains that ''When a lawyer seeks judicial office the lawyer should be bound by applicable limitations on political activity.'' This subdivision provides a jurisdictional link to applicable codes of judicial conduct, to assure continuous authority over lawyers in transition from one status to another. In addition to the Code of Judicial Conduct, the Rules Governing Standards of Conduct of Magisterial District Justices (''MDJ Conduct Rules'') also proscribe certain conduct by candidates for the office of magisterial district judge. Proposed amendments to subdivision (b) will reflect the provisions of both the Code of Judicial Conduct and the MDJ Conduct RuIes. Specifically, the language ''or who is a candidate for magisterial district judge'' and ''and/or the Rules Governing Standards of Conduct for Magisterial District Judges, as applicable'' will be added to 8.2(b) to ensure that those lawyers who are judicial candidates comply fully with all applicable rules.

 Interested persons are invited to submit written comments by mail or facsimile regarding the proposed amendments to the Office of the Secretary, The Disciplinary Board of the Supreme Court of Pennsylvania, 601 Commonwealth Avenue, Suite 5600, PO Box 62625, Harrisburg, PA 17106-2625, Facsimile number (717-231-3382), Email address Dboard.comments@pacourts.us on or before September 16, 2016.

By the Disciplinary Board of the
Supreme Court of Pennsylvania

ELAINE M. BIXLER, 
Secretary

Annex A

TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

Subpart A. PROFESSIONAL RESPONSIBILITY

CHAPTER 81. RULES OF PROFESSIONAL CONDUCT

Subchapter A. RULES OF PROFESSIONAL CONDUCT

§ 81.4. Rules of Professional Conduct.

 The following are the Rules of Professional Conduct:

ADVOCATE

Rule 3.5. Impartiality and Decorum of the Tribunal.

 A lawyer shall not:

 (a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law;

 (b) communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order;

 (c) communicate with a juror or prospective juror after discharge of the jury if:

 (1) the communication is prohibited by law or court order;

 (2) the juror has made known to the lawyer a desire not to communicate; or

 (3) the communication involves misrepresentation, coercion, duress [of] or harassment; or

 (d) engage in conduct intended to disrupt a tribunal.

Comment:

 (1) Many forms of improper influence upon a tribunal are proscribed by criminal law. Others are specified in the [ABA Model] Code of Judicial Conduct and/or the Rules Governing Standards of Conduct for Magisterial District Judges, with which an advocate should be familiar. A lawyer is required to avoid contributing to a violation of such provisions.

*  *  *  *  *

MAINTAINING THE INTEGRITY OF THE PROFESSION

Rule 8.2. Statements Concerning Judges and Other Adjudicatory Officers.

 (a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

 (b) A lawyer who is a candidate for judicial office, or who is a candidate for magisterial district justice, shall comply with the applicable provisions of the Code of Judicial Conduct and/or the Rules Governing Standards for Magisterial District Judges, as applicable.

*  *  *  *  *

[Pa.B. Doc. No. 16-1346. Filed for public inspection August 5, 2016, 9:00 a.m.]

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