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PA Bulletin, Doc. No. 23-484

THE COURTS

Title 207—JUDICIAL CONDUCT

PART V. JUDICIAL ETHICS ADVISORY BOARD

[207 PA. CODE CH. 1]

Order Amending Rule 104 of the Pennsylvania Rules of the Judicial Ethics Advisory Board; No. 591 Judicial Administration Docket

[53 Pa.B. 2039]
[Saturday, April 15, 2023]

Order

Per Curiam

 And Now, this 31st day of March, 2023, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, It Is Ordered that:

 Rule 104 of the Pennsylvania Rules of the Judicial Ethics Advisory Board is amended in the attached form.

 This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

 Additions to the rules are shown in bold and are underlined.

 Deletions from the rules are shown in bold and in brackets.

Annex A

TITLE 207. JUDICIAL CONDUCT

PART V. JUDICIAL ETHICS ADVISORY BOARD

CHAPTER 1. RULES OF THE JUDICIAL ETHICS ADVISORY BOARD

Subchapter A. PRELIMINARY PROVISIONS

Rule 104. Pennsylvania Judicial Ethics Advisory Board.

 (a) General Rule. The Supreme Court shall appoint a board to be known as the ''Pennsylvania Judicial Ethics Advisory Board'' (''the Board''), which shall consist of [nine] thirteen members: one judge of the Superior Court; one judge of the Commonwealth Court; [three] four judges of the courts of common pleas; one judge of the Philadelphia Municipal Court; [two] four magisterial district judges who must be members of the Pennsylvania bar; [and] one member of the Pennsylvania bar who is not a judicial officer; and one retired judge from any level of the judiciary. A majority of the Board shall constitute a quorum; action of the Board shall be by majority vote of members attending. No member of the Board may be a member of the Judicial Conduct Board or the Court of Judicial Discipline. The Supreme Court shall designate one member to serve as Chair and another to serve as Vice-Chair.

 (b) Submissions from Representative Courts and Judicial Organizations. The President Judges of the Superior and Commonwealth Courts shall submit to the Chief Justice the names of three candidates for each Board position to be filled by a judge of their respective courts. The PCSTJ shall submit to the Chief Justice the names of three candidates for each Board position to be filled by a judge of a common pleas court or a judge of the Philadelphia Municipal Court. The SCJAP shall submit to the Chief Justice the names of three candidates for each Board position to be filled by a magisterial district judge. The Supreme Court shall select appointees for those positions from the names submitted. In the absence of submissions, the Supreme Court shall proceed to fill the Board positions.

 (c) Terms and Vacancies. The first nine appointments to the Board shall be for staggered terms as follows: three members appointed for six years, three members for four years, and three members for two years. The four members appointed to expand the Board to thirteen members will be appointed to staggered terms as follows: one member for six years, two members for four years, and one member for two years. Thereafter, a new appointment to the Board shall be for a single six-year term. A vacancy shall be filled from the same membership category using the same process from which the vacating member was appointed. Appointments to fill a vacancy shall be for the balance of the term vacated.

*  *  *  *  *

[Pa.B. Doc. No. 23-484. Filed for public inspection April 14, 2023, 9:00 a.m.]


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