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PA Bulletin, Doc. No. 18-133

THE COURTS

Title 201—RULES OF JUDICIAL ADMINISTRATION

[ 201 PA. CODE CH. 7 ]

Amendment of Rules 701 and 706 of the Rules of Judicial Administration; No. 495 Judicial Administration Doc.

[48 Pa.B. 595]
[Saturday, January 27, 2018]

Order

Per Curiam:

 And Now, this 12th day of January, 2018, Rules 701 and 706 of the Pennsylvania Rules of Judicial Administration are amended to read as follows.

 To the extent that notice of proposed rulemaking would be required by Rule 103 of the Pennsylvania Rules of Judicial Administration or otherwise, the amendment of Rule 701 and 706 is hereby found to be required in the interest of justice and efficient administration.

 This Order shall be effective immediately and shall be processed in accordance with Rule 103(b) of the Pennsylvania Rules of Judicial Administration.

Annex A

TITLE 201. RULES OF JUDICIAL ADMINISTRATION

CHAPTER 7. ASSIGNMENT OF JUDGES

ASSIGNMENT AND TRANSFER OF JUDGES

Rule 701. Assignment of judges to courts.

 (A) Conditions Applicable for the Certification of Senior Magisterial District Judges, Judges or Justices.

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 (2) In addition to paragraph (1), any duly elected magisterial district judge, judge or justice, having an aggregate of five years of judicial service, who is required to retire [at age seventy] due to mandatory retirement age, shall be eligible for certification.

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SUPERVISION AND ASSIGNMENT OF JUDGES

Rule 706. Determination or selection of Chief Justice and president and administrative judges.

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 (b) Courts of eight or more judges. The president judge of all courts with eight or more judges shall be selected for five-year terms by the members of their respective courts. In the event of a tie vote for the office of president judge, the Supreme Court shall appoint as president judge for a five-year term one of the judges receiving the highest number of votes. Upon the occurrence of a vacancy in the office of president judge of a court subject to this subdivision by reason of death, resignation, removal, retirement or otherwise, his successor shall be selected for a five-year term. No president judge may succeed himself or herself after a full elected term without an intervening full elected term.

 [(1)] Upon the vacation of the office of President Judge or Administrative Judge by death, resignation, termination of term of office or removal by the Supreme Court, all personal staff members of said judge shall be reassigned to a general pool for a period of sixty (60) days to be assigned to other judges or terminated, except as follows:

 [(a)] (1) Those employees (i.e., secretary, tipstaff, law clerk) retained by the outgoing judge who continues serving as a trial or appellate court judge shall be compensated at a level commensurate with other trial and appellate court staff members, taking into consideration their total years of service, where applicable;

 [(b)] (2) Those employees of the outgoing judge chosen by other judges of the same court to serve on their staffs may be retained and shall be compensated at a level commensurate with that staff position, taking into consideration their total years of service, where applicable.

*  *  *  *  *

 (f) Selection procedures.

 (1) Each court selecting a president judge pursuant to this rule shall do so at a meeting held pursuant to this subdivision. Except as otherwise prescribed in this paragraph, the court shall meet for such purpose in the chambers of the [senior judge] commissioned judge with the greatest seniority, as determined by Rule 705, who is [under age 70 and] entitled to participate in the selection, or in a courtroom designated by him, at noon on the tenth day (Sundays excepted) preceding the expiration of the term of office of the incumbent president judge, or on the tenth day (Sundays excepted) next following the death, resignation, removal, retirement or reassignment of the president judge for whom a successor is to be selected. A majority of the judges entitled to participate in the selection of a president judge may fix another time and place for the selection of a president judge consistent with the requirements of this paragraph, upon giving all other judges entitled to participate therein at least 72 [hours] hours' prior written notice of the time and place fixed for the meeting. Whenever a vacancy occurs or will occur in the office of president judge between February 1 of any odd-numbered year and the first Monday of January next following, the meeting for the purpose of selecting a president judge shall not be held before noon on such first Monday of January, but a meeting may be held during such period for the purpose of selecting an acting president judge.

 (2) At the meeting the [senior judge] commissioned judge with the greatest seniority, as determined by Rule 705, who is [under age 70 and] present, shall preside. Ballots shall be prepared and distributed containing the name of each judge of the court. Voting shall be by secret ballot and the judge receiving a plurality of the votes cast shall be declared selected.

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[Pa.B. Doc. No. 18-133. Filed for public inspection January 26, 2018, 9:00 a.m.]


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