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PA Bulletin, Doc. No. 16-1801

THE COURTS

Title 201—RULES OF JUDICIAL ADMINISTRATION

[ 201 PA. CODE CH. 6 ]

Amendment of Rule 601 of the Rules of Judicial Administration; No. 469 Judicial Administration

[46 Pa.B. 6610]
[Saturday, October 22, 2016]

Order

Per Curiam

 And Now, this 4th day of October, 2016, it is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 601 of the Pennsylvania Rules of Judicial Administration is amended in the following form.

 To the extent that notice of proposed rulemaking would otherwise be required by Pa.R.J.A. No. 103, the immediate promulgation of the amendments is found to be in the interests of justice and efficient administration.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b) and shall be effective in 30 days.

Annex A

TITLE 201. RULES OF JUDICIAL ADMINISTRATION

CHAPTER 6. MAGISTERIAL DISTRICT JUDGES

Rule 601. Certification requirements of interested persons.

 (a) Magisterial district judges and arraignment court magistrates who are not members of the bar of this Commonwealth must complete a course of training and instruction in the duties of their respective offices and pass an examination and be certified by the Administrative Office of Pennsylvania Courts prior to assuming office.

 (b)(1) Any interested individual may apply to the Minor Judiciary Education Board to be enrolled in the course of training and instruction and take the examination to be certified.

 (2) Any individual who has successfully completed the course of training and instruction and passed the examination, but who has not served as a magisterial district judge or arraignment court magistrate shall be certified for only a [two-year] twenty-five-month period, and must complete the continuing education course every year in order to maintain his or her certification.

 (c) Any individual certified under paragraph (b) who has not served as a magisterial district judge or arraignment court magistrate within [two years] twenty-five months will be required to take a review course as defined by the Minor Judiciary Education Board and pass an examination in order to maintain his or her certification by the Administrative Office of Pennsylvania Courts.

 Official Note: The text of this rule is taken from Rule 19 of the Rules Governing Standards of Conduct of Magisterial District Judges, rescinded March 26, 2015, effective immediately. Rule 19 [was amended in 2006 to limit to two years] limits to twenty-five months the period of certification for individuals who have successfully completed the certification course and examination but have not served as judges or arraignment court magistrates. The rule permits individuals who are certified to serve as judges or arraignment court magistrates but who have not done so within [two years] twenty-five months of certification to take a review course and pass an examination to maintain their certification for an additional [two-year] twenty-five-month period. Admission to the review course and recertification examination under paragraph (c) may be limited by the availability of space. In addition, the rule requires that all certified individuals must attend the annual continuing education course to maintain certification.

 Act 17 of 2013, signed by the Governor and immediately effective on June 19, 2013, effectively abolished the Traffic Court of Philadelphia and transferred most of its duties to a new Traffic Division of the Philadelphia Municipal Court. See 42 Pa.C.S. § 1121. Under Act 17, the Traffic Court of Philadelphia is composed of two judges serving on the court on the effective date of the Act and whose terms expire on December 31, 2017. See 42 Pa.C.S. § 1321. Because this Rule concerns the certification and recertification of persons not yet elected to judicial office, all references to the Traffic Court of Philadelphia have been removed.

[Pa.B. Doc. No. 16-1801. Filed for public inspection October 21, 2016, 9:00 a.m.]


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