THE COURTS
Title 201—RULES OF JUDICIAL ADMINISTRATION
[201 PA. CODE CHS. 1, 3, 5, 6, 7, 19 AND 40]
Title 246—MINOR COURT
CIVIL RULES
PART I. GENERAL
[246 PA. CODE CH. 100]
Omnibus Amendments to the Pennsylvania Rules of Judicial Administration
[53 Pa.B. 4361]
[Saturday, August 5, 2023]In consultation with the Supreme Court of Pennsylvania Minor Court Rules Committee, the Administrative Office of Pennsylvania Courts (''AOPC'') is considering proposing to the Supreme Court of Pennsylvania the adoption of an omnibus set of amendments to the Pennsylvania Rules of Judicial Administration, and conforming revisions to the Pennsylvania Rules and Standards With Respect to Offices of Magisterial District Judges, for the reasons set forth in the accompanying publication report. Pursuant to Pa.R.J.A. 103(a)(1), the proposal is being published in the Pennsylvania Bulletin for comments, suggestions, or objections prior to submission to the Supreme Court.
The report accompanying this proposal was prepared by a designated committee to indicate the rationale for the proposed rulemaking. The report will neither constitute a part of the rules nor be adopted by the Supreme Court.
Additions to the text of the proposal are bolded and underlined; deletions to the text are bolded and bracketed.
AOPC invites all interested persons to submit comments, suggestions, or objections in writing to:
Administrative Office of Pennsylvania Courts
Pennsylvania Judicial Center
Legal Department, Suite 6100
P.O. Box 61260
Harrisburg, PA 17106-1260
FAX: (717) 231-9581
rjacomments@pacourts.usAll communications in reference to the proposal should be received by October 5, 2023. Email is the preferred method for submitting comments, suggestions, or objections; any emailed submission need not be reproduced and resubmitted via mail. AOPC will acknowledge receipt of all submissions.
GEOFF MOULTON,
Court Administrator of Pennsylvania
Annex A
TITLE 201. RULES OF JUDICIAL ADMINISTRATION
CHAPTER 1. GENERAL PROVISIONS Rule 102. Definitions.
* * * * * Administrative Judge—The presiding judge of a division of a court determined as provided by Rule [706] 707 of these Rules [or section 5 of the Schedule to the Judiciary Article and section 5(a) of the Act of December 2, 1968 (No. 357)] and Sections 951 through 953 of the Judicial Code, 42 Pa.C.S. §§ 951—953.
* * * * * Rule 103. Procedure for [a]Adopting, [f]Filing, and [p]Publishing [r]Rules.
(a) Notice of [p]Proposed [r]Rulemaking.
(1) Except as provided in subdivision (a)(3), the initial proposal of a new or amended rule, including any commentary that is to accompany the rule text, shall be:
(i) distributed by the proposing Rules Committee to the Pennsylvania Bulletin for publication therein[.]; and
(ii) published on the Unified Judicial System's website and shared on the System's applicable social media accounts by using a hyperlink to the System website posting.
The proposal shall include a publication notice containing a statement to the effect that written responses regarding the proposed rule or amendment are invited and should be sent directly to the proposing Rules Committee within a specified period of time, and a publication report from the Rules Committee containing the rationale for the proposed rulemaking.
* * * * * (b) Rules [a]Adopted or [a]Amended by the Supreme Court.
* * * * * (c) Rules of [j]Judicial [a]Administration [a]Adopted by [o]Other [c]Courts and by [a]Agencies of the System.
* * * * *
(d) Rules of [p]Procedure [a]Adopted by [o]Other [c]Courts of the System.
* * * * *
Comment Effective October 1, 2021, ''rule'' includes the rule text and any accompanying commentary such as a note or comment. Such commentary, while not binding, may be used to construe or apply the rule text. Pursuant to subdivision (a), rulemaking proposals published seeking written responses shall be accompanied by a publication report from the Rules Committee. Any unofficial publication should direct interested parties to the Pennsylvania Bulletin, and any failure to timely post or receive any unofficial publication shall not affect the official publication schedule or comment period.
A Rules Committee may also submit a report pursuant to subdivision (b) when the Supreme Court adopts a rulemaking proposal. Any statements contained in Rules Committees' publication or adoption reports permitted by either subdivision (a) or (b) are neither part of the rule nor adopted by the Supreme Court.
* * * * *
CHAPTER 3. JUDICIAL COUNCIL OF PENNSYLVANIA
JUDICIAL COUNCIL OF PENNSYLVANIA Rule 301. Judicial Council of Pennsylvania and Advisory Bodies.
(a) Establishment and status. [There shall be a Judicial Council of Pennsylvania. All actions of the Judicial Council shall be subject to the supervision and approval of the Supreme Court.] The Supreme Court may establish a Judicial Council or other advisory body to make recommendations to the Court on any matter referred to it by the Court. All actions of such bodies shall be subject to the supervision and approval of the Court.
[(b) Composition. The Judicial Council shall consist of the following members:
(1) The Chief Justice of Pennsylvania
(2) Two Justices of the Supreme Court selected by the Supreme Court
(3) The Court Administrator of Pennsylvania
(4) The President Judge of the Superior Court
(5) The President Judge of the Commonwealth Court
(6) The President Judge of the Court of Common Pleas of Philadelphia County
(7) The President Judge of the Court of Common Pleas of Allegheny County
(8) The President of the Pennsylvania Conference of State Trial Judges
(9) Three judges of the courts of common pleas appointed by the Supreme Court from judicial districts other than the First and Fifth judicial districts and no more than one of whom shall be from the same judicial district
(10) One member appointed by the Supreme Court from judges of courts other than appellate courts and the courts of common pleas
(11) Three non-judge members of the bar of the Supreme Court appointed by the Supreme Court from the Civil Procedural Rules Committee, the Criminal Procedural Rules Committee and the Minor Court Rules Committee, no more than one of whom shall be from the same Committee
(12) One non-judge member of the bar of the Supreme Court appointed by the Supreme Court
(13) Three non-lawyer electors appointed by the Chief Justice of Pennsylvania, each of whom shall be selected from a different geographical area of the Commonwealth
(14) One member of the Senate of Pennsylvania, appointed by the President Pro Tempore of the Senate
(15) One member of the House of Representatives, appointed by the Speaker of the House of Representatives
(16) Three members appointed by the Governor
(17) One member of the Senate of Pennsylvania, appointed by the Minority Leader of the Senate
(18) One member of the House of Representatives, appointed by the Minority Leader of the House of Representatives
(19) The President of the Pennsylvania Association of Court Management.
(20) Such advisory members as may be appointed by the Chief Justice. Advisory members shall not vote on matters before the Council]
(b) Status of Other Judicial Bodies. The provisions of this rule shall not abrogate or limit the power or duties of any procedural rules committee or other body authorized by the Court to recommend to the Court procedural or other rules.
[(c) Terms, etc.
(1) A member of the Council other than the advisory member shall serve for a term of three years commencing on October 1 and may be selected or reappointed any number of times. A member shall continue to serve upon expiration of a term of membership until a successor has been selected or appointed except if the member holds membership by virtue of an office set forth in subdivision (a).
(2) Membership shall automatically terminate upon a member's death, resignation, removal or disqualification for original selection or appointment. A vacancy on the Council shall be filed by the respective selecting or appointing authority for the balance of the term.
(d) Expenses. All members of the Council shall be reimbursed for expenses necessarily incurred in the discharge of their official duties.]
Rule 302. [Organization and procedure] [Rescinded].
[(a) Officers. The Chief Justice of Pennsylvania shall be Chair and the Justice of the Supreme Court with most seniority on the Council shall be Vice-Chair. The Chair shall appoint the Secretary of the Judicial Council.
(b) Staff. The Executive Director shall be the chief administrative officer of the Judicial Council. The Court Administrator shall provide staff assistance to the Council when called upon to do so.
(c) Meetings. Meetings of the Council shall be held at such time as may be specified by the Chief Justice.
(d) Quorum. A majority of the members of the Judicial Council in office shall be a quorum.
(e) Committees. The Chair may appoint from the Council membership one or more committees and designate one of the members of each committee as committee chair. A committee chair may appoint advisory members to a committee but such advisory members shall neither vote on matters before the Committee nor be members of the Council.
(f) Procedure. Except as otherwise prescribed by these rules, the proceedings of the Judicial Council shall be governed by internal regulations adopted by the Council.]
POWERS OF THE JUDICIAL COUNCIL Rule 311. [Recommendations to the Supreme Court] [Rescinded].
[(a) Reference matters. The Judicial Council shall make recommendations to the Supreme Court on any matter referred to it by the Court.
(b) Council-originated matters. The Judicial Council may make recommendations to the Supreme Court on matters relating to court administration.
(c) Status of other judicial agencies. The provisions of subdivisions (a) and (b) of this rule shall not abrogate or limit the powers or duties of any procedural rules committee or other body authorized by the Supreme Court to recommend procedural or other rules to it.]
CHAPTER 5. ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS (Former Rule 503 is rescinded and replaced with the following text.)
(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability. It replaces Rule 503 in its entirety.)
Rule 503. Appointment and Termination of Personnel.
(a) The Supreme Court may appoint and remove the executive personnel of the Administrative Office and such other personnel of the system as may be necessary and proper for the prompt and proper disposition of business of all courts.
(b) The following provisions may be subject to administrative parameters established by the Supreme Court:
(1) Administrative Office. The Court Administrator may appoint or terminate employees of the Administrative Office as necessary and appropriate to ensure the prompt and proper disposition of court-related business.
(2) Appellate courts. Hiring and termination actions for appellate court staff positions require the approval of a Justice of the Supreme Court or the President Judge of the respective appellate courts.
(3) Judicial districts. The President Judge of a judicial district may appoint or terminate state-level court employees within the judicial district only with the written approval of the Court Administrator. In judicial districts where the President Judge's authority is specifically granted to an authorized judicial officer, administrative official, or administrative body by order of the Supreme Court or the Pennsylvania Rules of Judicial Administration, the authorized officer, official, or body may appoint or terminate state-level court employees within the judicial district only with the written approval of the Court Administrator.
Rule 505. General functions of the Administrative Office.
* * * * *
Comment: The above provisions invest the Administrative Office with powers and duties in an administrative and advisory capacity only and do not give rise to a responsibility for the management, progress, or outcomes of discrete, individual court cases. Accord Geness v. AOPC, 974 F.3d 263, 276-78 (3d Cir. 2020).
(Editor's Note: Rule 507 as printed in 201 Pa. Code reads ''Official Note'' rather than ''Note.'')
Rule 507. Record Retention Schedules.
(a) Offices Scheduled by the County Records Committee. Counties of the First Class.
(1) Offices Scheduled by the County Records Committee. Common Pleas Court Prothonotaries, Clerks of Courts, Clerks of Orphans' Courts, Registers of Wills, District Attorneys, Sheriffs, Coroners, and Jury Commissioners or their Home-Rule equivalents when disposing of records shall do so in conformity with the applicable record retention schedules and the conditions stipulated therein promulgated from time to time by the County Records Committee under the act of August 14, 1963 (P.L. 839, No. 407) (16 P.S. §§ 13001 et seq).
(2) Counties of the First Class. Prothonotaries, Clerks of Courts, Clerks of Orphans' Courts, Registers of Wills, and Jury Commissioners of counties of the first class when disposing of records shall do so in conformity with the record retention schedules and the conditions stipulated therein promulgated from time to time by the County Records Committee for counties of the second through eighth classes under the act of August 14, 1963 (P.L. 839, No. 407) (16 P.S. §§ 13001 et seq), as amended.
(b) Offices Scheduled by the Supreme Court. System and related personnel engaged in clerical functions in offices which support the offices covered by general or specific record retention and disposition schedules promulgated from time to time by the Supreme Court when disposing of records shall do so in conformity with the record retention and disposition schedules and the conditions stipulated therein.
[(c) Non-scheduled offices. System and related personnel in offices not covered under subdivisions (a) or (b) when disposing of records shall submit to the Administrative Office of Pennsylvania Courts and to the Pennsylvania Historical and Museum Commission duplicate copies of a record disposal certificate form and a written statement explaining the nature and the content of the records. After consultation with the Commission, the Administrative Office may authorize the destruction of such records, either with or without the retention of a permanent copy.]
([d]c) Disposal Certification Requests. Disposal Logs. All requests for disposition of permanent records held by offices covered under subdivisions (b) shall be made on forms adopted from time to time by the Administrative Office [of Pennsylvania Courts]. No permanent records may be disposed of unless authorization is sought, and received, utilizing the appropriate disposal certification request form. All non-permanent records disposed upon expiration of the retention period provided in the applicable record retention and disposition schedules for offices covered under subdivisions (b) shall be listed on record disposal log forms adopted from time to time by the Administrative Office [of Pennsylvania Courts]. The record disposal log forms shall be filed with the Administrative Office [of Pennsylvania Courts] on an annual basis, or as otherwise provided by the Administrative Office [of Pennsylvania Courts].
[Note:] Comment:
The record retention schedules promulgated by the County Records Committee are only applicable to county offices of counties of the second through eighth classes, since the County Records Act, as amended, is only applicable to counties of the second through eighth classes. Accordingly, none of the county offices of the counties of the first class are governed by the County Records Act. Nonetheless, many of the county offices of the counties of the first class which support the Unified Judicial System unofficially utilize the record retention schedules promulgated by the County Records Committee in disposing official records within their control. In order to foster uniformity among these offices, [subsection] subdivision (a)(2) was added, specifically listing the offices within the counties of the first class which must henceforth comply with the record retention schedules promulgated by the County Records Committee.
The Pennsylvania Appellate Courts Records Retention Schedule is codified at 204 Pa. Code §§ 209.1-209.2. The Record Retention & Disposition Schedule with Guidelines for Courts of Common Pleas, Magisterial District Courts, the Philadelphia Municipal Court, and the Pittsburgh Municipal Court is codified at 204 Pa. Code § 213.51. See subdivision (b).
The forms referenced in subdivision (c) are located on the UJS website at http://www.pacourts.us/forms/for-the-judiciary/.
(Editor's Note: The following forms that appear on serial pages (363103) to (363104) are proposed to be deleted in their entirety.)
[UNIFIED JUDICIAL SYSTEM SCHEDULED COURT RECORDS DISPOSAL CERTIFICATION REQUEST
[Pursuant to PA RJA 507(b)]
Unified Judicial System Disposal Log for Non-Permanent Records
* * * * *
CHAPTER 6. MAGISTERIAL DISTRICT JUDGES Rule 602. Continuing [e]Education [r]Requirement.
(a) Every magisterial district judge shall complete a continuing education program each year equivalent to not less than 32 hours per year in such courses or programs as are approved by the Minor Judiciary Education Board. If a magisterial district judge fails to meet these continuing education requirements, the judge shall be subject to suspension by the Supreme Court until such time as evidence of compliance with such requirements is submitted by the Board, but in no event longer than six months at which time the failure to meet the continuing education requirements shall be grounds for the Supreme Court, after a hearing, to declare a vacancy in that district.
(b) The Minor Judiciary Education Board shall conduct at least one continuing education practicum course, consisting of not less than thirty-two hours, which each magisterial district judge, or senior magisterial district judge, whether law trained or non-law trained, within twelve months of first assuming office, shall be required to attend. The Board shall approve the length of the program and the course of instruction. Practicum exercises will be a part of the course of instruction. Senior magisterial district judges may petition the Board for a waiver of this requirement.
(c) No judge who is suspended by Order of the Supreme Court [of Pennsylvania] or the Court of Judicial Discipline shall be permitted to attend any continuing education course or program approved by the Minor Judiciary Education Board during the term of suspension. Notwithstanding the attendance requirements set forth in [paragraph] subdivision (a), the judge shall be provided the opportunity to make up any required hours of continuing education once the period of suspension has expired and an Order has been issued returning the judge to active status.
(d) [Paragraph] Subdivision (c) shall not apply to any judge suspended for failure to complete the program described in [paragraph] subdivision (a).
[Official Note] Comment:
The text of this rule is taken, in part, from Rule 20 of the Rules Governing Standards of Conduct of Magisterial District Judges, Continuing Education Requirement, rescinded March 26, 2015, effective immediately.
Rule 603. Continuing [e]Education [r]Requirement: [s]Senior [m]Magisterial [d]District [j]Judges.
(a) Any magisterial district judge who has been certified by the Administrative Office [of Pennsylvania Courts] as eligible to serve as a senior magisterial district judge shall be admitted to the continuing education program sponsored by the Minor Judiciary Education Board every year as required by Rule 602.
(b) In the event the Court Administrator [of Pennsylvania] notifies the Minor Judiciary Education Board that a senior magisterial district judge has not accepted an assignment for a continuous period of two years, the Minor Judiciary Education Board may refuse to enroll the senior magisterial district judge in the continuing education program.
[Official Note] Comment:
With regard to certification of senior judges, see Pa.R.J.A. [No.] 701 (Assignment of Judges to Courts).
The text of this rule is taken from Rule 21 of the Rules Governing Standards of Conduct for Magisterial District Judges ''Continuing Education Requirement: Senior Magisterial District Judges'' rescinded March 26, 2015, effective immediately.
(Former Rule 606 is renumbered as Rule 611. New Rule 606 is a new Rule of Judicial Administration adapted from former Rule 101 of the Rules and Standard With Respect to Offices of Magisterial District Judges.)
(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)
Rule 606. Establishment of Offices and Minimum Standards for Court Facilities Used by a Magisterial District Judge.
(a) The governing body of the county shall establish a court facility for each magisterial district judge whose magisterial district is situated in the county at such locations within the county as may be approved by the president judge.
(b) The governing body shall, insofar as possible, ensure that each facility meets all the following minimum standards:
(1) The facility shall be located in a place that is convenient to the public and allows the business of the court to be conducted with dignity, decorum, safety, and dispatch.
(2) Such facility shall not be located in or appurtenant to the residence or place of business of the magisterial district judge. It shall have a courtroom and such other rooms as may be necessary and shall be provided with necessary furniture and equipment.
(3) A magisterial district judge shall be provided with such staff, forms, supplies, and equipment as shall be necessary for the proper performance of the judge's duties. To maintain the dignity of the office, the judge shall be provided with judicial robes.
(c) The court facility of a magisterial district judge may, with the approval of the Supreme Court, be located outside of the boundaries of the magisterial district from which the judge is elected, upon petition of the president judge of the judicial district, subject to the following provisions:
(1) Notice. Each of the following provisions relating to notice shall apply:
(i) Written notice of the proposed relocation shall be provided to all magisterial district judges in the county, the local bar association, and to each municipality and police department in each of the affected districts.
(ii) Notice of the proposal shall be provided to the public by posting the proposal on the court or county official website and by any additional means that the president judge deems appropriate. The notice must be placed at least 30 days before the submission of the petition and must invite members of the public to provide written comment on the proposal.
(iii) If the relocation is to a facility to be occupied by more than one magisterial district judge, the magisterial district judge from any of the districts to be combined shall provide a written statement whether the judge supports or opposes the relocation within 30 days of the distribution of the written notice in subdivision (c)(1)(i).
(2) Petition. Petitions for approval of a relocation of a magisterial district judge's court facility outside of the magisterial district from which the judge has been elected shall be submitted to the Court Administrator, with a copy sent to all affected magisterial district judges, and to any municipality contained in the affected magisterial district. The petition shall contain all the following:
(i) A certification that the proposed location is more suitable or affordable than the facilities that are available within the magisterial district from which any relocated judge is elected.
(ii) An assessment of the impact of the relocation on public convenience and access to the court.
(iii) An assessment of the impact of the relocation on court security.
(iv) An estimate of the fiscal impact of the relocation.
(v) If the relocation combines more than one magisterial district judge in a single facility, the proposed floor plan of the combined court facilities.
(vi) A copy of the statements of all affected magisterial district judges as to their position regarding the relocation or a notation that any magisterial district judge declined to provide such a statement.
(vii) A copy of the public notice that was posted regarding the proposal and copies of any comments received.
(3) Standards. The following standards are intended to guide president judges as to factors that the Supreme Court may consider in disposition of the petition:
(i) Relocation of the court facility would not cause inconvenience or confusion to the public or to law enforcement.
(ii) The district into which any judge's facility is relocated is adjacent to the district from which that judge is elected.
(iii) If the relocation combines more than one magisterial district judge in a single facility, adequate facilities and staff shall be provided for each judge to enable them to perform the business of each court and ensure that proper fiscal controls are in place.
(iv) No more than three judges shall be located in the same consolidated court facility.
(v) The president judge certifies that the proposed location is more suitable or affordable than the facilities that are available within the magisterial district from which the judge is elected.
(4) Statements in Opposition. Statements in opposition to the petition may be submitted to the Court Administrator by any interested party within 30 days of the submission of the original petition. Any statement should contain a concise statement of reasons why the petition should be denied and should reference the standards listed in subdivision (c)(3). A copy of any statement shall be sent to the president judge.
(5) Review. The Court Administrator shall review the petition to determine if it complies with the provisions of this rule. A petition that complies with the rule will be forwarded to the Supreme Court for consideration, along with any statements of opposition submitted and a recommendation from the Court Administrator.
(6) Implementation. Following the approval of a petition, the president judge shall consult with all affected magisterial district judges to ensure that the changes are implemented without undue disruption to the business of the courts.
Comment: This rule was derived from former Rule 101 of the Rules and Standards with Respect to Offices of Magisterial District Judges (Establishment of Offices. Minimum Office Standards).
Districts must comply with standards published by the Administrative Office for magisterial district court facilities.
(Former Rule 607 is renumbered as Rule 612. Rule 607 is an entirely new Rule of Judicial Administration.)
(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)
Rule 607. Realignment of Magisterial Districts.
(a) Changes to the boundaries of a magisterial district, or the elimination or creation of a magisterial district, shall be subject to the provisions within this rule.
(b) Notice. Each of the following provisions relating to notice shall apply:
(1) Written notice of the proposed change in boundaries or elimination or creation shall be provided to all magisterial district judges in the county and to each municipality and police department contained in each of the affected districts.
(2) Notice of the proposal shall be provided to the public by posting the proposal on the court or county official website and by any additional means that the president judge deems appropriate. The notice must be placed at least 30 days before the submission of the petition to the Court Administrator and must invite members of the public to provide written comment on the proposal. Any comments received must be attached to the petition.
(3) A magisterial district judge from any district whose boundaries will change or whose district will be eliminated as a result of the proposal shall provide a written statement that indicates whether the judge supports or opposes the recommendation. These statements shall be attached to the petition. If a judge affected by the proposed realignment fails to submit such a statement to the president judge within 30 days of the distribution of the written notice in subdivision (b)(1), the president judge shall note this fact in the petition.
(c) Petition. A petition containing the proposal shall be submitted to the Court Administrator, with a copy sent to all affected magisterial district judges, and to any municipality contained in any affected magisterial district. The petition shall contain:
(1) a statement of the reasons for the proposed realignment or creation or elimination;
(2) an assessment of the impact of the realignment on public convenience and access to the court;
(3) a copy of the statements of all affected magisterial district judges as to their position regarding the realignment, or a notation that any magisterial district judge declined to provide such a statement; and
(4) a copy of the public notice that was posted regarding the proposal and copies of all comments received.
(d) Standards. The following standards are intended to guide president judges as to factors which the Supreme Court may consider in disposition of the petition:
(1) No change shall materially restrict or diminish public access to the courts.
(2) No change may create a situation such that the residence of a commissioned magisterial district judge is outside of the district from which he or she was elected.
(3) No change shall result in the court facility of a magisterial district judge being outside the boundaries of the district unless approval has been granted by the Supreme Court pursuant to Rule 606 (Establishment of Offices and Minimum Standards for Court Facilities used by a Magisterial District Judge).
(4) Other than in connection with decennial reestablishment in the year following the reporting of the official U.S. Census, no petition for change of boundaries or creation or elimination of a district may be filed in a year in which the judgeship in a district affected by the change is scheduled to appear on the ballot.
(e) Statements in Opposition. A statement in opposition to the petition may be submitted to the AOPC by any interested party within 30 days of the submission of the original petition. Any statement should contain a concise statement of reasons why the petition should be denied and should reference the standards listed below. A copy of the statement shall be sent to the president judge.
(f) Review. The Court Administrator shall review the petition to determine if it complies with the provisions of this rule. A petition that complies with the rule will be forwarded to the Supreme Court for consideration, along with any statements of opposition submitted and a recommendation from the Court Administrator.
(g) Implementation. Following the approval of a petition, the president judge shall consult with all affected magisterial district judges to ensure that the changes are implemented without undue disruption to the business of the courts.
Comment: See 42 Pa.C.S.A. § 1503 (Reestablishment of districts).
(Rule 608 is a new Rule of Judicial Administration adapted from former Rule 110 of the Rules and Standard With Respect to Offices of Magisterial District Judges.)
(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)
Rule 608. Bonds of Magisterial District Judges.
(a) Each magisterial district judge is required to give bond in such sum, not less than $25,000, as shall be directed by the president judge of the court of common pleas of the judicial district in which is located the magisterial district of the magisterial district judge, with one or more sufficient sureties.
(b) The bond shall be:
(1) lodged with the prothonotary of the court of common pleas;
(2) conditioned on the faithful application of all moneys that come into the hands of the magisterial district judge as an officer; and
(3) for the benefit of the Commonwealth and its political subdivisions, and all persons who may sustain injury from the magisterial district judge in the judge's official capacity.
Comment: This rule was derived from former Rule 110 of the Rules and Standards with Respect to Offices of Magisterial District Judges (Bonds of Magisterial District Judges) and sets forth only the minimum bond amount for each magisterial district judge. The amount of money collected by the district courts varies greatly, and the president judge is free to require higher bond amounts for some or all of the courts in the judicial district.
While a bond is not required for a Senior Magisterial District Judge appointed to serve, a county wherein the Senior Magisterial District Judge is serving may consider posting a bond when the judge assumes fiscal responsibilities or is appointed to fill a vacant court.
(Rule 609 is a new Rule of Judicial Administration adapted from former Rule 111 of the Rules and Standard With Respect to Offices of Magisterial District Judges.)
(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)
Rule 609. Seal of a Magisterial District Judge.
(a) Each magisterial district shall have and use a seal, which shall be in the custody of the magisterial district judge elected or appointed for the magisterial district. The seal shall be used to authenticate the official acts of the magisterial district judge. There shall be engraved on the seal the same device as is engraved on the great seal of the State, the words ''Commonwealth of Pennsylvania,'' the name of the county, the number of the magisterial district, and the words ''Magisterial District Judge.''
(b) A facsimile or preprinted seal may be used for all purposes in lieu of the original seal.
Comment: This rule was derived from former Rule 111 of the Rules and Standards with Respect to Offices of Magisterial District Judges (Seal).
(Rule 610 is a new Rule of Judicial Administration adapted from former Rule 113 of the Rules and Standard With Respect to Offices of Magisterial District Judges.)
(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)
Rule 610. Use of Facsimile Signature by a Magisterial District Judge.
A magisterial district judge may authorize the use of a facsimile signature in lieu of an original signature on certain documents listed by the Administrative Office. Such list shall be maintained by the Administrative Office. All documents not so designated and maintained by the Administrative Office shall require an original signature.
Comment: This rule was derived from former Rule 113 of the Rules and Standards with Respect to Offices of Magisterial District Judges (Use of Facsimile Signature).
(Rule 611 is a new Rule of Judicial Administration adapted from former Pa.R.J.A. 606.)
(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)
Rule 611. Transfer of Dockets and Other Papers.
(a) Upon the expiration of a term of office, the effective date of a resignation or removal from office, or upon an abandonment of the office or its duties, a magisterial district judge shall deliver all dockets and other official or like papers to the magisterial office established for the magisterial district in which the former or inactive magisterial district judge maintained residence.
(b) If a magisterial district judge dies in office, personal representatives of the judge shall make any delivery required under subdivision (a).
Comment: This rule was formerly Pa.R.J.A. 606 but renumbered in 2023 as part of an overall reorganization of the Rules.
(Rule 612 is a Rule of Judicial Administration adapted from former Pa.R.J.A. 607.)
(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)
Rule 612. Acts of Assembly Suspended.
All Acts of Assembly or parts thereof inconsistent with Pa.R.J.A. 601—611 are suspended to the extent of such inconsistency. See Pa. Const. art. V, § 10(a), (c).
Comment: This rule was formerly Pa.R.J.A. 607 but renumbered in 2023 as part of an overall reorganization of the Rules.
CHAPTER 7. ASSIGNMENT OF JUDGES
ASSIGNMENT AND TRANSFER OF JUDGES (Editor's Note: Rule 701 as printed in 201 Pa. Code reads ''Official Note'' rather than ''Note.'')
Rule 701. Assignment of [j]Judges to [c]Courts.
([A]a) Conditions Applicable for the Certification of Senior Magisterial District Judges, Judges, or Justices.
(1) To be eligible for senior certification, a magisterial district judge, judge, or justice:
([a]i) shall have served as a magisterial district judge, judge, or justice, whether or not continuously or on the same court, by election or appointment for an aggregate period equaling ten years;
([b]ii) shall not have been defeated for reelection or retention; and
([c]iii) shall be at least sixty-five years of age on the date on which he or she begins senior service, or have a combination of years of judicial service plus age that totals at least seventy for magisterial district judges or at least eighty for judges and justices. However, this [subsection (c)] subdivision shall not apply to those serving in senior status as of [the effective date of this rule] January 4, 2010.
(2) In addition to [paragraph (1)] subdivision (a)(1), any duly elected magisterial district judge, judge, or justice, having an aggregate of five years of judicial service, who is required to retire due to mandatory retirement age, shall be eligible for certification.
(3) Judges seeking senior status must apply for such status immediately upon retirement. Thereafter, requests for senior status shall be granted only upon application to and approval by the Supreme Court, which approval will be granted only upon a showing of compelling and exceptional circumstances.
[Note: As a matter of state law passed to conform with federal law, judges who otherwise qualify for senior service but retire before age 62 cannot serve as senior judges and simultaneously receive their state pension until they have reached age 62 or have been an annuitant (retiree) for one year, whichever is earlier. See 71 Pa.C.S. § 5706(a)(1), (2) & (a.4). Such judges must choose between (1) receiving their pension but delaying senior service (accepting judicial assignments) until they reach one of those thresholds, or (2) delaying receipt of their pension (and associated retiree medical benefits) while serving as a senior judge (accepting assignments) during that period. Judges who retire before age 62 and who seek senior status must apply immediately upon retirement but may request to delay service. Delaying service will not affect the applicability of the relevant code of judicial conduct, including but not limited to those provisions regulating personal and extrajudicial activity, see Pa. Code of Jud. Conduct (Canon 3); Pa. Rules Governing Standards of Conduct of Magisterial District Judges (Canon 3), and political activity, see Pa. Code of Jud. Conduct (Canon 4); Pa. Rules Governing Standards of Conduct of Magisterial District Judges (Canon 4).]
(4) Senior status shall end on the last day of the calendar year in which a magisterial district judge, judge, or justice attains age seventy-eight.
(5) For certification of senior status, a magisterial district judge, judge, or justice shall verify such additional information as required by the application for certification forms authorized under [paragraph (B)] subdivision (b) below.
(6) A magisterial district judge, judge, or justice may only be certified for senior status for a maximum of ten years from the date on which the judge became eligible to serve, absent extraordinary circumstances, as determined by the Chief Justice. However, those serving in senior status as of [the effective date of this rule] January 1, 2008 may continue to serve until subject to the age limit of [paragraph] subdivision (4) above.
(7) Certification of a magisterial district judge, judge, or justice for senior status shall be subject to the pleasure of the Supreme Court. The Supreme Court at any time, in the exercise of its sole discretion, may rescind or revoke a senior certification.
[Note: Paragraph (7) was added in 2016 to clarify that certification of senior status is (and always has been) a matter that is subject to the pleasure of the Supreme Court.]
([B]b) Certification of Senior Magisterial District Judges, Judges, and Justices. The Administrative Office shall promulgate application forms, as approved by the Supreme Court, for certification of senior magisterial district judges, judges, and justices. A former or retired magisterial district judge, judge, or justice who requests assignment to temporary judicial service shall file the application for certification form with the Administrative Office, and, upon approval, shall be eligible for judicial assignment. Failure to comply with the provisions contained in the application form may result in the immediate revocation of senior certification.
([C]c) Request for the Assignment of Additional Magisterial District Judges or Judges.
(1) Request for Assignment. Whenever a president judge deems additional judicial assistance necessary for the prompt and proper disposition of court business, [he or his] the president judge's proxy shall transmit a formal request for judicial assistance to the Administrative Office. The request may be made in writing or it may be transmitted electronically. An electronic request for judicial assistance shall be accomplished through a secure program developed by the Administrative Office for this purpose.
(2) Recommendation by the Court Administrator [of Pennsylvania] and Action by Chief Justice. Upon the recommendation of the Court Administrator, the Chief Justice may, by order, assign any retired, former, or active magisterial district judge, judge, or justice to temporary judicial service on any court to fulfill a request by a president judge, or to reduce case inventories, or to serve the interest of justice. The order entered by the Chief Justice may be electronically transmitted to the Administrative Office [of Pennsylvania Courts] for processing. Orders entered pursuant to this [chapter] subdivision may be transmitted by the Administrative Office to the Supreme Court prothonotary in hard copy or electronically. Electronically transmitted orders shall be docketed by the Supreme Court prothonotary in the same manner as hard copy orders. Electronically transmitted orders need not be printed by the Supreme Court prothonotary unless a request for public review is made.
(3) Duration of Assignment. Unless otherwise provided in the order of assignment, the order shall continue in effect after its stated expiration date until unfinished business pending before the assigned judge is completed.
(4) Certification of Service. The president judge of a district to which a magisterial district judge or judge has been temporarily assigned under this rule shall certify to the Administrative Office, on a certificate completed and signed by the assigned magisterial district judge or judge, the number of days of temporary judicial service and the amount of any compensation to which the assigned judge is entitled.
(5) Expenses of Assigned Judges. All judges assigned to duties outside of their judicial districts may, in addition to any per diem payment authorized by law, be reimbursed with the approval of the Court Administrator for necessary expenses, including hotel accommodations and meals, incident to such duties.
[(6) Restrictions on Temporary Assignments. No judge shall be assigned under this rule to any court while any judge thereof is assigned to another court under this rule, except when required to take the place of a judge who is recused or disqualified, or is otherwise unavailable, or under other appropriate circumstances.]
([(7)]6) Temporary Judicial Assignments to the Supreme Court. Requests for temporary judicial assistance to the Supreme Court shall be governed by Section 13 of the Supreme Court's Internal Operating Procedures, Temporary Judicial Assignments to the Supreme Court, as amended from time to time.
[Note: The subject matter of former paragraph (c)(7) (relating to ceremonial functions) is now governed by 23 Pa.C.S. § 1503(a)(2) (relating to persons qualified to solemnize marriages) (as amended by the Act of July 14, 2009 (P.L. 81, No. 18)) and 42 Pa.C.S. § 327 (relating to oaths and acknowledgments) (as amended by the Act of June 30, 2012 (P.L. 666, No. 79)).]
([D]d) Judicial Assignment Records. The Administrative Office shall maintain records of certification applications and assignments to temporary judicial service.
([E]e) Regional Administrative Units.
(1) Judicial districts through their president judges may petition the Supreme Court for approval to combine with other districts to form regional administrative units that provide for the assignment of magisterial district judges and judges to any other judicial district in the unit. Upon annual approval by the Supreme Court, magisterial district judges and judges, when so assigned, shall exercise the same power and authority as vested in a magisterial district judge or judge of that judicial district.
(2) In cases where a judge serving in a Regional Administrative Unit has been disqualified [him or herself], [for any of the reasons specified in Rule 2.11 of the Code of Judicial Conduct or Rule 2.11 of the Rules Governing Standards of Conduct of Magisterial District Judges,] the assignment of another judge to the case [shall] generally should be made [through the Administrative Office. In other instances of recusal, the assignment may be made] through the Regional Administrative Unit, but in no case shall a recusing judge select [his or her] the replacement. In exceptional cases where the president judge of the judicial district in which the case arises has determined that the interests of justice require the appointment of a judge from outside of the Regional Administrative Unit, a request shall be made to the Administrative Office for the appointment of a judge.
(3) Each regional administrative unit shall file with the Administrative Office a quarterly report of all assignments that occurred within the unit for that period.
(4) Each regional administrative unit shall have an administrative judge who shall be responsible for coordinating the unit assignments, scheduling meetings of the unit, and submitting the quarterly reports.
([F]f) Suitable Facilities and Staffing for Senior Common Pleas Judges. Suitable facilities and adequate staff are to be provided for senior judges, the parameters of which are to be determined and promulgated by the Administrative Office.
[Directive: In accordance with Rule of Judicial Administration 701([F]), the Administrative Office of Pennsylvania Courts promulgates this directive establishing minimum standards for suitable facilities and adequate staff for the senior judges of the courts of common pleas. The president judge of a judicial district, in consultation with the Court Administrator of Pennsylvania as needs may require, shall provide from available resources for each senior judge formerly of the judicial district who is regularly or periodically assigned in that district and for each visiting senior judge the following facilities and staff for matters arising under the appointment:
(1) the use of judicial chambers which shall be of adequate size and appropriately furnished, afford a measure of privacy, and include office equipment and supplies as are necessary to conduct judicial business;
(2) services of a law clerk who shall provide customary assistance including legal research and drafting of legal documents; and
(3) services of a secretary who shall provide customary assistance including typing correspondence, orders and opinions, answering phone calls and taking messages, receiving and sending mail and deliveries.]
Comment: Regarding subdivision (a)(3), as a matter of state law passed to conform with federal law, judges who otherwise qualify for senior service but retire before age 62 cannot serve as senior judges and simultaneously receive their state pension until they have reached age 62 or have been an annuitant (retiree) for one year, whichever is earlier. See 71 Pa.C.S. § 5706(a)(1), (2) & (a.4). Such judges must choose between (1) receiving their pension but delaying senior service (accepting judicial assignments) until they reach one of those thresholds, or (2) delaying receipt of their pension (and associated retiree medical benefits) while serving as a senior judge (accepting assignments) during that period. Judges who retire before age 62 and who seek senior status must apply immediately upon retirement but may request to delay service. Delaying service will not affect the applicability of the relevant code of judicial conduct, including but not limited to those provisions regulating personal and extrajudicial activity, see Pa. Code of Jud. Conduct (Canon 3) (A Judge Shall Conduct the Judge's Personal and Extrajudicial Activities to Minimize the Risk of Conflict with the Obligations of Judicial Office); Pa. Rules Governing Standards of Conduct of Magisterial District Judges (Canon 3) (A Magisterial District Judge Shall Conduct the Magisterial District Judge's Personal and Extrajudicial Activities to Minimize the Risk of Conflict with the Obligations of Judicial Office), and political activity, see Pa. Code of Jud. Conduct (Canon 4) (A Judge or Candidate for Judicial Office Shall Not Engage in Political or Campaign Activity that is Inconsistent with the Independence, Integrity, or Impartiality of the Judiciary); Pa. Rules Governing Standards of Conduct of Magisterial District Judges (Canon 4) (A Magisterial District Judge or Candidate for Judicial Office Shall Not Engage in Political or Campaign Activity that is Inconsistent with the Independence, Integrity, or Impartiality of the Judiciary).
Subdivision (a)(6) was added in 2016 to clarify that certification of senior status is (and always has been) a matter that is subject to the pleasure of the Supreme Court.
Regarding subdivision (f), in 1999, the Administrative Office promulgated a directive establishing minimum standards for suitable facilities and adequate staff for the senior judges of the courts of common pleas, as follows. 29 Pa.B. 2766 (May 28, 1999).
The president judge of a judicial district, in consultation with the Court Administrator as needs may require, shall provide from available resources for each senior judge formerly of the judicial district who is regularly or periodically assigned in that district and for each visiting senior judge the following facilities and staff for matters arising under the appointment:
(1) The use of judicial chambers which shall be of adequate size and appropriately furnished, afford a measure of privacy, and include office equipment and supplies as are necessary to conduct judicial business.
(2) Services of a law clerk who shall provide customary assistance including legal research and drafting of legal documents.
(3) Services of a secretary who shall provide customary assistance including typing correspondence, orders and opinions, answering phone calls and taking messages, receiving and sending mail, and deliveries.
Rule 702. Divisional [a]Assignment of [j]Judges.
[1.] (a) Each judge appointed or elected to fill a vacancy in a court of common pleas having more than two divisions shall be initially assigned by the president judge of the court to be a member of a division of the court. Unless previously approved by the Supreme Court, such assignment shall be temporary only until such approval has been received.
[2.] (b) The president judge of a court of common pleas which consists of more than two divisions may make temporary assignments of judges from one division to another division of the court when required in order to expedite the business of the court. [He] The president judge shall not make any permanent re-assignment of a judge from one division to another division without the approval of the Supreme Court.
[3.] (c) For the purpose of transacting the business of a division for which a vote may be required, only those judges who have been permanently assigned to a division shall have the right to vote. A judge who is temporarily assigned to a division other than the division to which [he is] the judge is permanently assigned shall be entitled to vote only in the latter division.
[4.] (d) Where approval of the Supreme Court is required under this rule, it shall be requested by a petition by the president judge of the court of common pleas. Such request may be made prior to or subsequent to the making of an initial assignment or a re-assignment. If made after assignment or re-assignment, the petition shall be filed with the prothonotary within ten (10) days from the date thereof. Such petition shall state the reasons the assignment or re-assignment is deemed necessary and proper in the interest of the effective administration of the business of the court. The Supreme Court on its own motion may make divisional assignments of judges as it deems appropriate.
[5.] (e) In courts of common pleas where the only division is an orphans' court division, the judge or judges not assigned to that division shall for purposes of this rule be considered as constituting a separate division.
Comment: The divisions referred to in this rule are the formal court divisions prescribed by 42 Pa.C.S. § 951.
SUPERVISION AND ASSIGNMENT OF JUDGES (Editor's Note: Rule 703 as printed in 201 Pa. Code reads ''Official Note'' rather than ''Note.'')
Rule 703. Reports of [j]Judges.
([A]a) Policy Statement. It is the policy of the [u]Unified [j]Judicial [s]System that any matter at any stage of a proceeding be brought to a fair conclusion as promptly as possible, consistent with the character of the matter and the resources of the system. The requirements of this rule further specify and implement this policy in keeping with the Court's constitutionally mandated responsibility to oversee the prompt and proper disposition of the business of the Pennsylvania courts.
([B]b) General Rule.
(1) Every judge shall keep a record of each matter that has been submitted to the judge for decision and which remains undecided.
(2) Every judge shall compile a semi-annual report stating whether the judge has any matter that has been submitted to the judge for decision and remains undecided for ninety days or more as of the last day of the reporting period. Each report shall include matters listed on prior reports which remain undecided.
([a]i) Decision includes the grant or denial of a pretrial, post-trial, or post-sentence motion or petition, non-jury verdict or decision, entry of an order or judgment, imposition of a sentence, or the filing of an opinion. A matter is submitted for decision even though briefs, transcripts, or reports have been ordered but have not yet been filed.
([b]ii) Judge means a judge of a court of common pleas or a judge of the Philadelphia Municipal Court, active or senior, commissioned six months or longer.
(3) If there are no matters submitted to the judge which remain undecided for ninety days or more, the report shall so state.
[Note: Under this rule, judges must take inventory of matters in chambers, evaluate their status, and determine the steps needed for timely disposition. Judges must also take an active role in ensuring the timely preparation of documents, such as notes of testimony or psychiatric reports.]
([C]c) Form and Content of Report.
(1) The report shall be prepared on a form supplied by the Administrative Office [of Pennsylvania Courts] or generated by the computer system of the judge's court in the same format as the form supplied by the Administrative Office.
(2) The report shall be signed by the judge.
(3) For each matter which remains undecided ninety days or more, the report shall state:
([a]i) the type, caption, and number of the case;
([b]ii) the nature of the matter;
([c]iii) the date of submission to the judge;
([d]iv) the specific reason(s) for the delay; and
([e]v) the specific steps taken to remedy the delay.
[Note: Specific reasons for a delay might be the filing of additional briefs, a change in the representation of the parties, ongoing settlement negotiations at the request of the parties.]
([D]d) Filing.
(1) The report covering the preceding period of July 1 through December 31 shall be filed on or before January 20, and the report covering the preceding period of January 1 through June 30 shall be filed on or before July 20.
(2) Whenever January 20 or July 20 falls on Saturday or Sunday, or on any day made a legal holiday by the laws of this Commonwealth or of the United States, the date for filing shall be the next business day.
(3) The judge shall file the original report with the Court Administrator [of Pennsylvania], and shall file copies of the report with the president judge and the district court administrator of the court on which the judge serves.
[Note: The requirement that judges file copies of their reports with the president judge and district court administrator will better enable those officials to monitor their dockets in order to address problem areas promptly. If decisional delay persists, the president judge should take strong corrective action. Such action may include providing the judge with additional support or educational resources as may be reasonably available; restructuring judicial case assignments, non-decisional assignments, or work schedules; or any other supervisory action designed to assist the reporting judge in becoming current.]
(4) Senior judges or active judges serving in more than one judicial district shall file one consolidated report with the Administrative Office, and shall file copies of the consolidated report with the president judge and the district court administrator for each judicial district in which the judge has matters that have been submitted for decision.
([E]e) Supplemental Statement by President Judge.
(1) A president judge, at the request of the Court Administrator [of Pennsylvania], shall supplement a judge's report with a separate statement of any circumstances affecting the matters reported.
(2) Within thirty days of the president judge's receipt of the request from the Court Administrator [of Pennsylvania], any supplemental statement shall be filed with the Court Administrator [of Pennsylvania], the judge who filed the report, and the district court administrator.
([F]f) Public Inspection. Copies of all reports and supplemental statements filed pursuant to [paragraphs (B) and (E)] subdivisions (b) and (e) shall be made available by the Court Administrator [of Pennsylvania] and the district court administrator for public inspection and copying.
([G]g) Report to Judicial Conduct Board.
(1) The Court Administrator [of Pennsylvania] shall immediately notify the Judicial Conduct Board if a judge fails to file a timely report as required by this rule.
(2) The Court Administrator [of Pennsylvania] shall, where appropriate, forward to the Judicial Conduct Board any report which includes one or more matters which have remained undecided for one year or more.
Comment: Under subdivision (b) of this rule, judges must take inventory of matters in chambers, evaluate their status, and determine the steps needed for timely disposition. Judges must also take an active role in ensuring the timely preparation of documents, such as notes of testimony or psychiatric reports.
Regarding subdivision (c)(3), specific reasons for a delay might be the filing of additional briefs, a change in the representation of the parties, or ongoing settlement negotiations at the request of the parties.
Regarding subdivision (d)(3), the requirement that judges file copies of their reports with the president judge and district court administrator will better enable those officials to monitor their dockets in order to address problem areas promptly. If decisional delay persists, the president judge should take strong corrective action. Such action may include providing the judge with additional support or educational resources as may be reasonably available; restructuring judicial case assignments, non-decisional assignments, or work schedules; or any other supervisory action designed to assist the reporting judge in becoming current.
Regarding subdivision (f), requests for copies of reports and supplemental statements directed to the Court Administrator shall be made in writing to: AOPC Judicial District Operations and Programs Department, 601 Commonwealth Avenue, P.O. Box 61260, Suite 1500, Harrisburg, Pennsylvania 17106 or by electronic mail to Judicial.DistrictOperationsDept@pacourts.us. Requestors must provide electronic contact information, if available, and responses may be provided electronically.
Rule 705. Seniority of [j]Judges.
* * * * * (g) Certification of [s]Seniority. Where priority of commission or seniority of a judge is determined under this rule, the Chief Justice or the president judge of the court in question shall certify the same to the Administrative Office, which shall record such information [in a book maintained for such purpose].
* * * * * (Former Rule 706 is rescinded and replaced with the following text.)
(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)
Rule 706. Designation of Chief Justice and President Judges.
(a) Courts of Seven or Less Judges. The Chief Justice and president judges shall be the judges longest in continuous service.
(b) Courts of Eight or More Judges. President judges shall be selected for five-year terms by the members of their respective courts. No president judge may serve more than one term without an intervening full elected term served by another president judge.
(c) Changes in Size of Court.
(1) Increasing to Eight or More Judges. The incumbent president judge shall continue in the leadership role for a period of five years from the effective date of an expansion.
(2) Decreasing to Seven or Less Judges. The incumbent president judge shall continue in the leadership role throughout the unexpired portion of that judge's term as president judge. Any vacancy during that time or at the conclusion of that term shall be filled by the judge longest in continuous service on the court, per subdivision (a).
(d) Leadership Resignation. The Chief Justice or a president judge may resign from the leadership role and remain a member of the court.
(e) Temporary Inability.
(1) If the Chief Justice or a president judge is temporarily unable to perform the leadership duties, those duties shall be performed by the next-most senior judge as determined by Rule 705.
(2) Alternatively, a president judge may designate an acting president judge for a period of not more than 90 calendar days. This appointment shall lapse when the president judge is able to resume the leadership duties. If the president judge remains unable to perform those duties after the period of the acting president judge's appointment:
(i) Courts of Seven or Less Judges. The judge next greater in seniority shall become (or continue to serve as) acting president judge until the president judge is able to resume the leadership duties.
(ii) Courts of Eight or More Judges. An election shall be held for an acting president judge to serve until the president judge is able to resume the leadership duties. Should the president judge's inability to perform the leadership duties remain unresolved, the acting president judge shall serve until the end of the president judge's term.
(f) Selection Procedures. Each court selecting a president judge shall do so at a meeting.
(1) Time of Meeting. In the following circumstances, the time of the meeting shall be as provided below.
(i) Expiration of Incumbent President Judge's Five-Year Term. The court shall meet on the tenth day (Sundays excepted) preceding the expiration of the term of office of the incumbent president judge.
(ii) Interim Vacancies. The court shall meet on the tenth day (Sundays excepted) immediately following the death, resignation, removal, or mid-term retirement of the president judge.
(2) Place of Meeting.
(i) The court shall meet in a courtroom or meeting room designated by the commissioned judge with the greatest seniority, as determined by Rule 705.
(ii) Alternatively, another time and place may be fixed by a majority of the commissioned judges. All commissioned judges must be given at least 72 hours' prior written notice of the time and place of the meeting.
(3) Certificate of Results. The judge presiding at the meeting shall execute a certificate of the results of the balloting on a form provided by the Administrative Office. This judge shall file a copy in the office of the clerk or prothonotary of the court and shall transmit the original, showing evidence of such filing, to the Administrative Office.
(4) Tie Vote. Upon receipt of a certificate reflecting a tie vote, the Administrative Office shall forward the certificate to the Supreme Court. The Supreme Court will select a president judge from among the judges receiving the highest number of votes. The Supreme Court will then indicate its choice on the certificate and will return that document to the Administrative Office. The Administrative Office shall transmit a copy of the completed certificate to the office of the appropriate clerk or prothonotary for filing as provided in subdivision (3).
(g) Maintenance of Records. The Administrative Office shall maintain records of the designation of the Chief Justice and president judges, the term of years if any, and all other pertinent, related information. The Administrative Office shall also:
(1) notify the judges of a court of the fact of the expiration of the term of office of a president judge at least 30 days prior to the expiration; and
(2) furnish the Department of State with such information as may be required to enable the Governor to duly commission a Chief Justice or president judges in the manner provided by the Constitution of Pennsylvania and this Rule.
(Rule 707 is a new Rule of Judicial Administration adapted from the provisions of former Pa.R.J.A. 706 pertaining to administrative judges.)
(Editor's Note: The following text is proposed to be added and is printed in regular type to enhance readability.)
Rule 707. Selection of Administrative Judges.
(a) Divisions of a Court. Each division of a court having three or more judges shall be presided over and administered by an administrative judge, who shall be one of the judges of the court of which the division is a part and shall be selected by the Supreme Court to serve for a term of three years or at the pleasure of the Court. Upon the occurrence of a vacancy in the office of administrative judge, the president judge shall notify the Supreme Court immediately.
(b) Resignation and Temporary Inability. An administrative judge may resign such position and remain a member of the division.
(c) Maintenance of [Central Personnel] Records. The Administrative Office shall maintain records of the determination or selection of administrative judges, any term for which they may be selected, and all other pertinent information relating thereto.
Comment: This rule was derived from the provisions of former Pa.R.J.A. 706 pertaining to administrative judges. The scope of this rule is limited to court divisions as prescribed in 42 Pa.C.S. § 951(a) and (b) (Philadelphia and Allegheny Counties).
CHAPTER 19. MISCELLANEOUS ADMINISTRATIVE PROVISIONS
MISCELLANEOUS ADMINISTRATIVE PROVISIONS Rule 1901. Prompt [d]Disposition of [m]Matters; [t]Termination of [i]Inactive [c]Cases.
(a) [General p]Policy.—It is the policy of the [u]Unified [j]Judicial [s]System to bring each pending matter to a final conclusion as promptly as possible consistent[ly] with the character of the matter and the resources of the system. [Where a matter has been inactive for an unreasonable period of time, the tribunal, on its own motion, shall enter an appropriate order terminating the matter.]
(b) Except for actions governed by Pa.R.Civ.P. 1915.4(b) (Prompt Disposition of Custody Cases) and 230.2 (Termination of Inactive Cases), at least once a year each court of common pleas shall initiate proceedings to terminate pre-adjudication matters which have been inactive for two years or more. The court of common pleas shall also initiate proceedings for any applicable civil or criminal case pending before local magisterial district courts or the Philadelphia Municipal Court, or alternatively, the court of common pleas shall implement local rules providing for the initiation of proceedings before the minor courts. In either event, at least once a year, each court of common pleas shall provide data about the proceedings to terminate inactive cases pending before the court and the minor judiciary to the Court Administrator. The data must be in such format as requested by the Administrative Office.
[(b) Primary responsibility for implementation of policy.—
(1) Except as may be provided by paragraph (3), each court of common pleas is primarily responsible for the implementation of the policy expressed in subdivision (a) of this rule and is directed to make local rules of court for such purposes applicable to the court and to the community court or magisterial district courts of the judicial district.
(2) The Philadelphia Municipal Court is directed to make rules of court for such purposes.
(3) The policy set forth in subdivision (a) of this rule shall be implemented in actions governed by the Pennsylvania Rules of Civil Procedure pursuant to Rule of Civil Procedure 230.2.]
(c) [Minimum Standards.—Before any order terminating a matter on the ground of unreasonable inactivity is entered, the parties shall be given at least 30 days' written notice of opportunity for hearing on such proposed termination, which notice shall be given:] Notice of Proposed Termination.
(1) For each matter identified by the court pursuant to subdivision (b), the court shall serve a written notice of proposed termination on counsel of record, and on the parties if not represented, at least thirty days prior to the date of the proposed termination. The notice shall contain a brief identification of the matter to be terminated, the date of the proposed termination, and the procedure to avoid termination.
(2) The notice shall be served:
(i) electronically, when permitted by existing legal authority; [or]
([1]ii) [I]in person; or
(iii) by mail to the last address of record. [of the parties or their counsel of record and setting forth a brief identification of the matter to be terminated; or
(2) By publication in the manner provided by rule of court in the legal newspaper designated by rule of court for the publication of legal notices in any case where notice by mail cannot be given or has been returned undelivered or where the docket of the matter shows no evidence of activity during the previous two years. Any matter terminated after notice by publication pursuant to this paragraph may be reinstated by the court after dismissal upon written application for good cause shown.
(3) The policy set forth in subdivision (a) of this rule shall be implemented in actions governed by the Pennsylvania Rules of Civil Procedure pursuant to Rule of Civil Procedure 230.2.]
(3) The notice shall be in the following form:
(Caption)
NOTICE OF PROPOSED TERMINATION OF COURT CASE The court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years.
You may stop the court from terminating the case by filing a statement of intention to proceed. The statement of intention to proceed should be filed with ___________________________ at
(Appropriate Filing Office)
__________
Addresson or before _________________
Date
IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED BY THE COURT WITHOUT FURTHER NOTICE. BY THE COURT:
_________________
_________________
Date of this Notice
Officer(d) Statement of Intention to Proceed.
(1) Counsel of record, or parties if not represented, shall file a statement of intention to proceed in the following form:
(Caption)
Statement of Intention to Proceed To the Court:
_________________ intends to proceed with the above captioned matter.
Date: _________________
_________________
Attorney for __________
(2) Upon receipt of a statement of intention to proceed in accordance with subdivision (d)(1), the court may schedule a status conference and establish appropriate timelines to ensure a timely and efficient disposition of the case. If the statement of intention to proceed concerns a matter pending before a magisterial district judge, the statement shall be transmitted to the appropriate judge for further proceedings.
(3) If no statement of intention to proceed has been filed on or before the date of the proposed termination, the court shall enter an order terminating the matter.
(e) Reinstatement.
(1) If a matter has been terminated pursuant to this rule, a party may petition the court to reinstate the action.
(2) If the petition is filed within sixty days after the entry of the order of termination on the docket, the court shall grant the petition and reinstate the action.
(3) If the petition is filed more than sixty days after the entry of the order of termination on the docket, the court shall grant the petition and reinstate the action upon a showing that:
(i) the petition was timely filed following the entry of the order for termination; and
(ii) there is a reasonable explanation or a legitimate excuse for the failure to file both:
(A) the statement of intention to proceed prior to the entry of the order of termination on the docket, and
(B) the petition to reinstate the action within sixty days after the entry of the order of termination on the docket.
(f) Any case which is reinstated pursuant to subdivision (e) shall be subject to termination with prejudice upon a subsequent termination pursuant to this rule. No subsequent reinstatements shall be granted.
([d]g) Effect of [d]Disposition of [r]Records. Notwithstanding any inconsistent provision of this rule [or of any local rule of court made pursuant to this rule], a court shall not entertain any [application] petition for the reinstatement of a matter terminated pursuant to this rule if such [application] petition for reinstatement is filed after the documents relating to the matter have been disposed of pursuant to the applicable record retention schedule established by or pursuant to law.
[Note] Comment: The general policy set forth in [S]subdivision (a) is based on an administrative consideration, not substantive or procedural standards applicable to speedy trials in either civil or criminal cases. This rule is intended to supplement, not to modify or abrogate, procedural rules or substantive decisions involving the rights of defendants in criminal cases to a speedy disposition of charges. It is intended to foster elimination of stale cases from the judicial system where the parties have failed to proceed and which are carried as open matters because of the failure on the part of any party to seek dismissal or otherwise to bring the matter to a conclusion. This rule does not grant a court authority to terminate cases that have already been decided. For example, this rule does not provide for the administrative termination of inactive cases that have been adjudicated but have outstanding fines, costs, or restitution.
Pa.R.Civ.P. 230.2 governs the termination of general civil actions initiated by a complaint or writ of summons when there has been no activity of record for two years or more. Pa.R.Civ.P. 1915.4(b) governs the termination of custody actions.
This Rule previously required the promulgation of local rules for implementation but was amended in 2023 to harmonize it with the approach of Pa.R.Civ.P. 230.2 in providing a complete procedure and more uniform state practice. Accordingly, as with Pa.R.Civ.P. 230.2, local rules governing inactive cases filed in the courts of common pleas are preempted.
With respect to magisterial districts and the Philadelphia Municipal Court, however, the common pleas courts are afforded discretion either to administer termination-of-inactive-cases protocols at the common pleas level or to delegate the responsibility to the minor courts. Thus, existing or prospective local rules governing termination of inactive cases in the minor courts are not preempted unless they are inconsistent with this rule. President Judges are encouraged, however, to reevaluate existing practices in light of options authorized by the 2023 amendments to this rule.
Regarding the notice of proposed termination described in subdivision (c)(3), an ''appropriate filing office'' includes clerks of court, prothonotaries and clerks of orphans' court. The appropriate filing office is the office that holds and maintains the case record for the inactive case in question except for cases pending before the magisterial district judges and the Philadelphia Municipal Court. The statement of intention to proceed is always filed at the court of common pleas. The President Judge should consider which of the filing offices mentioned above would be the appropriate recipient of the statement regarding magisterial district court and Philadelphia Municipal Court cases, or in the alternative designate the District Court Administrator as the recipient of the statements.
Regarding subdivision (d)(3), an order terminating the action may not be entered until more than thirty days after service of the notice of proposed termination.
[Where a party objects to the termination of an inactive matter, it is intended that the court exercise its judicial discretion. For example, the dormant matter may be a protective action related to a case pending in another jurisdiction between the parties on the same cause of action, or an action involving a controversy arising from a clash of personalities which will probably be terminated upon the death of one of the parties under circumstances where the public interest will not be served by forcing the parties to a judicial resolution of their dispute, etc.]
The rule has no effect on the substantive law and thus a termination effected pursuant to the rule will not necessarily foreclose further proceedings in the matter[, e.g., in custody, support and other proceedings of an equitable nature where the parties have the substantive right to apply for the modification of a final order or decree on the basis of changed circumstances].
[The following is a suggested form of local rule:
Rule (a) The prothonotary shall list for general call at the first civil argument court held after September 1 of each year all civil matters in which no steps or proceedings have been taken for two years or more prior thereto and shall give notice thereof to counsel of record, and to the parties for whom no appearance has been entered, as provided by Pa. R.J.A. No. 1901(c). If no action is taken or no written objection is docketed in such a matter prior to the commencement of the general call, the prothonotary shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule. If no good cause for continuing a matter is shown at the general call, an order shall be entered forthwith by the court for dismissal.
(b) The clerk of courts shall list at the first criminal argument court held after September 1 of each year all criminal proceedings in which no steps or proceedings have been taken for two years or more prior thereto and shall give notice thereof to the district attorney, any private prosecutor and the defendant, as provided by Pa. R.J.A. No. 1901(c). If no good cause for continuing a proceeding is shown at the general call, an order for dismissal shall be entered forthwith by the court.
Under Rule 1901(c)(2), in those cases where it is unduly burdensome to research the captions, parties and mailing addresses of cases which have been inactive for two years or more, the moribund matters may be terminated by the adoption and publication of a general refiling requirement, without service of individual notice. Under such a localrule matters in which no paper has been filed within the previous two years would be deemed terminated without any further entry in the docket, and all such matters could be excluded from any computerized or other modern docket control system installed in the judicial district, subject to the right of the parties to reactivate the matter for good cause shown.]
The County Records Committee, established by the act of August 14, 1963 (P.L. 839, No. 407) (16 P.S. §§ 13001 et seq.), promulgates record retention and disposition schedules applicable to, [inter alia] inter alia, the prothonotary, clerk of the courts, and clerk of the orphans' court division. [Where a matter has been terminated without prejudice under the rule, i.e. subject to the right of the parties to reactivate the matter for good cause shown, and the records relating to the matter have been destroyed without microfilming under the applicable record retention and disposition schedule, this subdivision will eliminate the possibility that a party might attempt to reactivate the matter on the basis of copies of the pleadings and other documents retained by counsel (including the district attorney or public defender) or other noncourt records.]
BROADCASTING IN THE COURTROOM Rule 1910. Broadcasting, Recording, and Photography in the Courtroom.
[A.] (a) General [s]Statutory [p]Prohibition. It is unlawful and a criminal offense to use or operate a device to capture, record, transmit or broadcast a photograph, video, motion picture or audio of a proceeding or person within a judicial facility or in an area adjacent to or immediately surrounding a judicial facility without the approval of the court or presiding judicial officer or except as provided by rules of court. See 18 Pa.C.S. § 5103.1 (relating to unlawful use of an audio or video device in court).
[B.] (b) General [r]Rule. Unless otherwise provided by this rule or by the Supreme Court [of Pennsylvania], judges shall prohibit broadcasting, televising, recording, or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court or recesses between sessions, except that a judge may authorize:
(1) the use of electronic or photographic means for the presentation of evidence, for the perpetuation of a record, or for other purposes of judicial administration;
(2) the broadcasting, televising, recording, or photographing of investitive, ceremonial, or naturalization proceedings;
(3) the photographic or electronic recording and reproduction of appropriate court proceedings under the following conditions:
([a]i) the means of recording will not distract participants or impair the dignity of the proceedings;
([b]ii) the parties have consented; and the consent to being depicted or recorded has been obtained from each witness appearing in the recording and reproductions;
([c]iii) the reproduction will not be exhibited until after the proceeding has been concluded and all direct appeals have been exhausted; and
([d]iv) the reproduction will be exhibited only for instructional purposes in educational institutions.
(4) the use of electronic broadcasting, televising, recording and taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court or recesses between sessions of any trial court nonjury civil proceeding; however, for the purposes of this [subsection] subdivision, ''civil proceedings'' shall not be construed to mean a support, custody, or divorce proceeding. [Paragraphs (c) and (d) of Subsection (3)] Subdivisions 3(iii) and (iv) shall not apply to nonjury civil proceedings as heretofore defined. No witness or party who expresses any prior objection to the judge shall be photographed, nor shall the testimony of such witness or party be broadcast or telecast. Permission for the broadcasting, televising, recording, and photographing of any civil nonjury proceeding shall have first been expressly granted by the judge, and under such conditions as the judge may prescribe in accordance with the guidelines contained in this rule.
(5) A judicial district may adopt local rules or protocols regulating the use, operation, and activation of video surveillance systems with non-auditory features for purposes of security in any location and space that is controlled by the judicial district and used in the ordinary course of its business, including a courtroom. Any video surveillance recording made in a courtroom during a judicial proceeding may not be released to anyone outside the court without the express written approval of the president judge of the court. Use and dissemination of a recording made under this subdivision shall require the express written approval of the president judge.
[Note: Temperate conduct of judicial proceedings is essential to the fair administration of justice. The recording and reproduction of a proceeding should not distort or dramatize the proceeding.
See the Internal Operating Procedures of the Supreme Court of Pennsylvania and the Commonwealth Court of Pennsylvania regarding broadcasting of proceedings by the Pennsylvania Cable Network.
In implementing this rule, the following guidelines shall apply:
a. Officers of Court. The judge has the authority to direct whether broadcast equipment may be taken within the courtroom. The broadcast news person should advise the tipstaff prior to the start of a court session that he or she desires to electronically record and/or broadcast live from within the courtroom. The tipstaff may have prior instructions from the judge as to where the broadcast reporter and/or camera operator may position themselves. In the absence of any directions from the judge or tipstaff, the position should be behind the front row of spectator seats by the least used aisleway or other unobtrusive but viable location.
b. Pooling. Unless the judge directs otherwise, no more than one TV camera should be taking pictures in the courtroom at any one time. Where coverage is by both radio and TV, the microphones used by TV should also serve for radio and radio should be permitted to feed from the TV sound system. Multiple radio feeds, if any, should be provided by a junction box outside of the courtroom, such as in the adjacent public hallway. It should be the responsibility of each broadcast news representative present at the opening of each session of court to achieve an understanding with all other broadcast representatives as to who will function at any given time, or, in the alternative, how they will pool their photographic coverage. This understanding should be reached outside the courtroom and without imposing on the judge or court personnel.
Broadcast coverage outside the courtroom should be handled with care and discretion, but need not be pooled.
c. Broadcast Equipment. All running wires used should be securely taped to the floor. All broadcasting equipment should be handled as inconspicuously and quietly as reasonably possible. Sufficient file and/or tape capacities should be provided to obviate film and/or tape changes except during court recess. No camera should give any indication of whether it is or is not operating, such as the red light on some studio cameras. No additional lights should be used without the specific approval of the presiding judge, and then only as he may specifically approve.
d. Decorum. Broadcast representatives' dress should not set them apart unduly from other trial spectators. Camera operators should not move tripod-mounted cameras except during court recesses. All broadcast equipment should be in place and ready to function no less than five minutes before the beginning of each session of court.]
[C.] (c) Law Enforcement Officers, Sheriff's Department Officers, and Judicial Security Officers.
(1) Unless expressly prohibited by local rule or order of court as authorized by [Subsection (5)] subdivision (c)(5), and except as otherwise provided in this [Subdivision C] subdivision (c), officers of law enforcement agencies, sheriffs and deputy sheriffs, and judicial security officers (referred to collectively as ''Officers'') may wear body cameras as part of their standard equipment and operate them as permitted by law or by state or local court rule, and as may be further authorized under the policies of the agency with which the Officer is associated.
(2) No body camera may be activated in a courtroom during judicial proceedings except when in the professional opinion of an Officer, [in his or her professional opinion,] determines that there is an actual or imminent emergency situation warranting activation in the ordinary course of [his or her] of the Officer's duties. In such an emergency situation, an Officer may activate [his or her] the body camera until such time as, in his or her professional judgment, the emergency situation has concluded.
(3) When an Officer activates a body camera in a courtroom as permitted by [paragraph] subdivision (c)(2), [he or she] the Officer shall verbally notify the presiding judge at the first reasonable opportunity after the body camera has been activated. Also, within one business day of the emergency incident, the Officer or [his or her] Officer's supervisor shall provide to the presiding judge a written report of the circumstances surrounding the activation of the body camera, including the times of activation and deactivation and an explanation of the Officer's actions. The presiding judge shall promptly share the activation report with judicial district court administration. The activation report also shall be provided to the law enforcement agency with which the Officer is associated.
(4) Any recording made in a courtroom during a judicial proceeding may not be released to anyone outside the court and the law enforcement agency with which the Officer is associated without the express written approval of the president judge of the court. Use and dissemination of a recording made under this [Subdivision C] subdivision (c) in connection with law enforcement activity shall require the express written approval of the president judge.
(5) A judicial district may adopt local rules or protocols regulating the use, operation, and activation of body cameras in any location and space that is controlled by the judicial district and used in the ordinary course of its business, including a courtroom.
(6) A court and any law enforcement agency providing security services in the courtroom shall enter into a written agreement conforming to this rule and any local rule or protocol promulgated by the judicial district. At minimum, the agreement shall require the agency to (i) inform its officers of their responsibilities under the rule; (ii) provide training to its officers regarding the requirements of the rule, including training of new officers before they are permitted to activate a body camera in the courtroom; (iii) require annual written certification by a responsible representative of the law enforcement agency that the agency's officers have been informed of their responsibilities under the rule and have received proper training; and (iv) monitor their officers' compliance.
(7) Each law enforcement agency that provides security services to a court or judicial district shall provide to the district court administrator a copy of its current policies regarding use of body cameras, as well as a list of those Officers assigned to a court or judicial district who are qualified to wear and use body cameras.
Comment: Temperate conduct of judicial proceedings is essential to the fair administration of justice. The recording and reproduction of a proceeding should not distort or dramatize the proceeding.
See the Internal Operating Procedures of the Supreme Court and the Commonwealth Court regarding broadcasting of proceedings by the Pennsylvania Cable Network.
In implementing this rule, the following guidelines shall apply:
a. Officers of Court. The judge has the authority to direct whether broadcast equipment may be taken within the courtroom. The broadcast news person should advise the tipstaff prior to the start of a court session of the desire to electronically record and/or broadcast live from within the courtroom. The tipstaff may have prior instructions from the judge as to where the broadcast reporter and/or camera operator may position themselves. In the absence of any directions from the judge or tipstaff, the position should be behind the front row of spectator seats by the least used aisleway or other unobtrusive but viable location.
b. Pooling. Unless the judge directs otherwise, no more than one TV camera should be taking pictures in the courtroom at any one time. Where coverage is by both radio and TV, the microphones used by TV should also serve for radio and radio should be permitted to feed from the TV sound system. Multiple radio feeds, if any, should be provided by a junction box outside of the courtroom, such as in the adjacent public hallway. It should be the responsibility of each broadcast news representative present at the opening of each session of court to achieve an understanding with all other broadcast representatives as to who will function at any given time, or, in the alternative, how they will pool their photographic coverage. This understanding should be reached outside the courtroom and without imposing on the judge or court personnel. Broadcast coverage outside the courtroom should be handled with care and discretion, but need not be pooled.
c. Broadcast Equipment. All running wires used should be securely taped to the floor. All broadcasting equipment should be handled as inconspicuously and quietly as reasonably possible. Sufficient file and/or tape capacities should be provided to obviate film and/or tape changes except during court recess. No camera should give any indication of whether it is or is not operating, such as the red light on some studio cameras. No additional lights should be used without the specific approval of the presiding judge, and then only as he may specifically approve.
d. Decorum. Broadcast representatives' dress should not set them apart unduly from other trial spectators. Camera operators should not move tripod-mounted cameras except during court recesses. All broadcast equipment should be in place and ready to function no less than five minutes before the beginning of each session of court.
CRIMINAL, [AND] DISCIPLINARY, AND CIVIL MATTERS AGAINST JUDGES Rule 1920. Definitions.
''Civil Litigation'' or ''Civil Matter.'' Any civil court case in which a judge is sued in the judge's individual capacity, whether or not the judge is otherwise sued in an official capacity.
* * * * * (Editor's Note: Rule 1922 as printed in 201 Pa. Code reads ''Official Note'' rather than ''Note.'')
Rule 1922. Counsel [f]Fees.
([A]a) Purpose. The purpose of this rule is to establish standards and procedures under which the Court Administrator shall determine whether a judge may be reimbursed for the expense of attorney's fees incurred in connection with a criminal, [or a] disciplinary, or civil matter.
([B]b) [Criminal matters] Requirements, Standards, and Decisions.
(1) Mandatory requirements. A judge may be reimbursed for legal fees paid in the defense of a criminal action, disciplinary matter, or civil litigation only if the following criteria are met:
[Note: See Yurgosky v. Commonwealth of Pa, Administrative Office of Pa. Courts, 554 Pa. 533, 722 A.2d 631 (1998).]
([a]i) Notice must be given to the Administrative Office [of Pennsylvania Courts] within a reasonable time after [the] charges are filed or civil litigation is commenced.
([b]ii) The criminal charges, allegations of judicial misconduct, or civil litigation must arise directly from the judge's performance of [his or her] official duties.
([c]iii) For criminal and disciplinary matters, [T]the judge must be acquitted of the crimes or misconduct charged or the charges must have been dismissed or nolle prossed. In civil litigation, the judge must have received a favorable adjudication on the merits or a favorable settlement, or must otherwise have prevailed on account of a withdrawal of the proceedings.
[Note: Reimbursement of counsel fees is not permitted in criminal cases resolved through participation in pre-trial diversionary programs, through negotiated pleas, or by participation in Accelerated Rehabilitative Disposition (ARD) programs. See Yurgosky, 554 Pa. at 545 n.15, 722 A.2d at 637 n.15.]
([d]iv) The legal expenses must be reasonable and necessary.
(2) Decision of the Court Administrator.
([a]i) Standard. If the mandatory requirements prescribed by [paragraph] subdivision (1) have been met, a request for reimbursement of attorney's fees may be approved only if the Court Administrator determines that the judge's conduct giving rise to the criminal charges, disciplinary matter, or civil litigation did not prejudice the proper administration of justice or bring the judicial office into disrepute.
[Note: This is the same standard prescribed by Pa. Const. art. V, § 18(d)(1), for determining whether a judge may be subject to discipline.]
([b]ii) Factors to be [c]Considered. In making [his or her] the determination under [subparagraph (a)] subdivision (i), the Court Administrator shall consider the following:
([I]A) Whether the [criminal charges] allegations made against the judge had a reasonable basis in law and fact.
([II]B) The quantity and quality of the evidence supporting [the criminal charges] allegations made against the judge.
([III]C) Whether the conduct giving rise to the [criminal] charges or litigation might properly subject the judge to discipline under Pa. Const. art. V, § 18(d)(1), irrespective of whether the judge's conduct prejudiced the proper administration of justice or brought the judicial office into disrepute.
([IV]D) Whether other [criminal or disciplinary] charges or claims have been or are reasonably anticipated to be [commenced] advanced against the judge arising out of the same conduct involved in the criminal, disciplinary, or civil matter and, if so, the nature and disposition of those proceedings.
([c]iii) Procedural [r]Requirements.
([I]A) Under no circumstances shall the Court Administrator act upon a request for reimbursement of counsel fees incurred by a judge [in a criminal matter] until he or she has determined that all possible criminal and disciplinary issues related to the matters involved in the [criminal] case have been finally concluded in all fora having proper jurisdiction over the judge and a full evaluation of any such additional criminal or disciplinary matter has been made.
([II]B) A judge who seeks reimbursement of attorney's fees [in a criminal matter] shall be required to waive confidentiality so that the Judicial Conduct Board and other proper authorities are able to share with the Court Administrator all information relating to actual or potential disciplinary action against the judge. If the judge does not waive confidentiality, the Court Administrator shall deny the judge's request for reimbursement.
([III]C) In determining under this part whether a judge should be reimbursed attorney's fees incurred in the successful defense against criminal or disciplinary charges, the Court Administrator may rely upon the same information that was available to the Judicial Conduct Board and other proper authority and may consider the evaluation of that information and its determination by the Judicial Conduct Board or other proper authority, as well as any determination made by the Court of Judicial Discipline or other tribunal.
[(C) Disciplinary matters.
(1) Mandatory requirements. A judge may be reimbursed for legal fees paid in the defense of a judicial disciplinary matter only if the following criteria are met:
(a) Notice must be given to the Administrative Office of Pennsylvania Courts within a reasonable time after the charges are filed.
(b) The allegations of judicial misconduct must arise directly from the judge's performance of his or her official duties.
(c) The judge must be acquitted of the misconduct charges, or the charges must have been dismissed or nolle prossed.
Note: This does not include any rehabilitative or other diversionary programs, or resolution through a ''letter of counsel.''
(d) The legal expenses must be reasonable and necessary.
(2) Decision of the Court Administrator.
(a) Standard. If the mandatory requirements prescribed by paragraph (1) have been met, a request for reimbursement of attorney's fees may be approved only if the Court Administrator determines that the judge's conduct giving rise to the disciplinary matter did not prejudice the proper administration of justice or bring the judicial office into disrepute.
Note: This is the same standard prescribed by Pa. Const. art. V, § 18(d)(1), for determining whether a judge may be subject to discipline.
(b) Factors to be considered. In making his or her determination under subparagraph (a), the Court Administrator shall consider the following:
(I) Whether the disciplinary charges made against the judge had a reasonable basis in law and fact.
(II) The quantity and quality of the evidence supporting the disciplinary charges made against the judge.
(III) Whether the conduct giving rise to the disciplinary matter might properly subject the judge to discipline under Pa. Const. art. V, § 18(d)(1), irrespective of whether the judge's conduct prejudiced the proper administration of justice or brought the judicial office into disrepute.
(IV) Whether criminal or other disciplinary charges have been or are reasonably anticipated to be commenced against the judge arising out of the same conduct involved in the disciplinary matter and, if so, the nature and disposition of those proceedings.
(c) Procedural requirements.
(I) Under no circumstances shall the Court Administrator act upon a request for reimbursement of counsel fees incurred by a judge in a disciplinary matter until he or she has determined that all possible criminal and disciplinary issues have been finally concluded in all for a having jurisdiction over the judge and a full evaluation of all such criminal or disciplinary matters has been made.
(II) A judge who seeks reimbursement of attorney's fees shall be required to waive confidentiality so that the Judicial Conduct Board and other proper authorities are able to share with the Court Administrator all information relating to actual or potential disciplinary action against the judge. If the judge does not waive confidentiality, the Court Administrator shall deny the judge's request for reimbursement.
(III) In determining under this part whether a judge should be reimbursed attorney's fees incurred in the successful defense against disciplinary charges, the Court Administrator may rely upon the same information that was available to the Judicial Conduct Board and other proper authorities and may consider the evaluation of that information by the Judicial Conduct Board or other proper authority, as well as any determination made by the Court of Judicial Discipline or other tribunal.]
([D]c) Subject to review and approval by the Supreme Court, the Court Administrator shall establish and periodically revise a maximum hourly rate for counsel fee reimbursement and shall develop policies necessary to implement the provisions of this Rule.
([E]d) If a claim for reimbursement is denied in whole or in part, a judge shall have the right to be heard by a hearing examiner designated by the Court Administrator. The hearing examiner shall issue findings of fact and conclusions of law. Findings of fact by the hearing examiner shall be made based on the standard of preponderance of the evidence. Appeals from the decision of a hearing examiner shall be as provided by law.
[Note: See Yurgosky, 554 Pa. at 546, 722 A.2d at 637; 42 Pa.C.S. § 763(a)(1).]
Comment: In disciplinary matters, judges should contact the Administrative Office [of Pennsylvania Courts] before retaining counsel if a Notice of Full Investigation by the Judicial Conduct Board has not been issued.
Regarding subdivision (b)(1), for criminal matters, see Yurgosky v. AOPC, 722 A.2d 631 (Pa. 1998).
Regarding subdivision (b)(1)(iii), reimbursement of counsel fees is not permitted in criminal cases resolved through participation in pre-trial diversionary programs, through negotiated pleas, or by participation in Accelerated Rehabilitative Disposition (ARD) programs. See Yurgosky, 722 A.2d at 637 n.15.
Regarding subdivision (b)(2)(i), this is the same standard prescribed by Article V, Section 18(d)(1) of the Pennsylvania Constitution for determining whether a judge may be subject to discipline.
Regarding subdivision (d), see Yurgosky, 722 A.2d at 637 n.15; 42 Pa.C.S. § 763(a)(1).
CONTINUITY OF OPERATIONS, EMERGENCY ACTIONS, EMERGENCY UNITS AND JUDICIAL SECURITY Rule 1953. Emergency [r]Regional [a]Administrative [u]Units.
(a) Within sixty (60) days of the adoption of this Rule, the Court Administrator shall recommend to the Supreme Court the number and designation of ''emergency regional administrative units,'' ensuring that every judicial district in the Commonwealth is included within an ''emergency regional administrative unit'' with one or more neighboring judicial districts.
[Official Note: The units created pursuant to this rule are similar to those created pursuant to Pa.R.J.A. No. 701(E).]
(b) In the event of an emergency affecting any court's operations, causing the partial or full implementation of a court's continuity of operations plan under Rule 1951 (Continuity of Operations and Emergency Action Plans), or if the Supreme Court or president judge declares a judicial emergency under Rule 1952 (A)(1) or (B)(1) (Emergency Actions, Duties and Authorities), the president judge of the affected judicial district or districts may activate the respective emergency regional administrative unit by providing notice to the Court Administrator. Once activated, judges, and magisterial district judges may be temporarily assigned to another judicial district within the emergency regional administrative unit as if the judicial districts were operating within a unit created under Pa.R.J.A. [No.] 701([E]e) (Assignment of Judges to Courts).
(c) All judges and magisterial district judges assigned to another judicial district pursuant to this Rule shall have the same power and authority as that vested in a judge or magisterial district judge of that judicial district.
[Official Note: See also Pa.R.J.A. No. 701(E).]
(d) Whenever a judge or magisterial district judge is assigned to another judicial district pursuant to this Rule, notice shall immediately be sent to the Court Administrator [of Pennsylvania].
(e) All expenses of any jurist assigned to another judicial district pursuant to this Rule shall be reimbursed as provided by law.
Comment: Regarding subdivision (a), the units created pursuant to this rule are similar to those created pursuant to Pa.R.J.A. 701(e) (Assignment of Judges to Courts).
Regarding subdivision (c), see also Pa.R.J.A. 701(e).
Rule 1953 is designed as a companion to Rule of Judicial Administration [No.] 701([E]e). Pursuant to Rule 701([E]e), president judges may petition the Supreme Court to combine with other judicial districts and form ''regional administrative units.'' Within each regional administrative unit, judges from one judicial district may be temporarily assigned to another judicial district within the unit without first obtaining a judicial assignment order from the Supreme Court. At present, only about half of Pennsylvania's 60 judicial districts are included within a Rule 701 regional administrative unit. Rule 1953 authorizes the creation of ''Emergency Regional Administrative Units'' covering all of Pennsylvania's 60 judicial districts. Through this Rule, in the event of an emergency judges and magisterial district judges from one judicial district within an emergency regional administrative unit may be assigned to another judicial district within the unit without first obtaining a Supreme Court order authorizing the temporary assignment. The Rule directs the Court Administrator [of Pennsylvania] to recommend to the Supreme Court the number and designation of emergency regional administrative units within 60 days of the adoption of this new Rule.
CHAPTER 40. UNIFORM RULES GOVERNING COURT REPORTING AND TRANSCRIPTS Rule 4007. Requests for Transcripts.
([A]a) All requests for transcripts shall be set forth on a standardized form provided by the Court Administrator or a form prepared by the judicial district and approved by the Court Administrator. The form shall indicate the current rates authorized to be charged for transcripts under these rules.
([B]b) For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the district court administrator or other appropriate filing office of the court. The requesting party shall also serve copies of the formal request to:
(1) the judge presiding over the matter;
(2) the court reporter, court recorder, or transcriptionist;
(3) the district court administrator or [his or her] the district court administrator's designee (if not filed with the district court administrator); and
(4) opposing counsel, but if not represented, the opposing party.
The provisions of [subsection (B)] subdivision (b) do not apply to requests by the Judicial Conduct Board.
([C]c) In courts where daily, expedited, or same day transcripts are available, requests for these transcripts shall be made as provided for in local rule. In the event of an emergency, a party may request by oral motion a daily, expedited, or same day transcript.
([D]d) When a party requests a transcript[,]:
(1) [t]The party ordering a transcript shall make partial payment in an amount established by local rule. Deposit checks are to be made payable to the judicial district or county, as set by local rule, and shall be delivered to the district court administrator or other court designee. If the requesting party fails to make the partial payment within 45 days of the filing of the request, the request shall be deemed withdrawn.
(2) [t]The court reporter or transcriptionist shall prepare the transcript upon direction of the court's designee.
(3) [t]The court reporter, court recorder, or transcriptionist shall notify the ordering party and the court's designee of the completion of the transcript and deliver a copy of the transcript to the judge presiding over the matter.
(4) [u]Upon payment of any balance owed, the court reporter, court recorder, or transcriptionist shall deliver the original transcript to the appropriate filing office and copies to the parties. Checks for the final balance are to be made payable to the judicial district or county, as set by local rule, and shall be delivered to the district court administrator or other court designee.
([E]e) When a party requests a transcript, but cannot pay for the transcript because of alleged economic hardship, the court shall determine economic hardship pursuant to the procedure set forth in Rule 4008(B). In cases of economic hardship, where the matter is under appeal or a transcript is necessary to advance the litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the court. In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance the litigation, the requesting party must demonstrate reasonable need before the court shall waive or adjust the cost of obtaining the transcript.
([F]f) When a transcript is requested for which the court or county is responsible for the cost, the court reporter, court recorder, or transcriptionist shall prepare the transcript without the necessity of a deposit.
Comment: Nothing in this rule prevents a local court from adopting an electronic filing request procedure provided the request is effectively communicated to the listed persons.
Within the framework of these rules, the particular methods and logistics for receiving and accounting for costs shall be left to the discretion of the president judge and district court administration. Note, however, that deposit checks and final payment checks are to be made payable to the judicial district or county, not to the individual court reporter or transcriptionist preparing the transcript. Nevertheless, the district court administrator's designee under this Rule may be a chief court reporter or other supervisory reporter.
* * * * *
TITLE 246. MINOR COURT CIVIL RULES
PART I. GENERAL
CHAPTER 100. RULES AND STANDARDS WITH RESPECT TO OFFICES OF MAGISTERIAL DISTRICT JUDGES Rule 101. [Establishment of Offices. Minimum Office Standards] [Rescinded].
The rule text is deleted in its entirety and replaced with the following rule text.
Comment: Provisions of former Rule 101 were incorporated in Pa.R.J.A. 606.
Rule 102. [Implementation Committees] [Rescinded].
The rule text is deleted in its entirety.
Rule 110. [Bonds of Magisterial District Judges] [Rescinded].
The rule text is deleted in its entirety and replaced with the following rule text.
Comment: Provisions of former Rule 110 were incorporated in Pa.R.J.A. 608.
Rule 111. [Seal] [Rescinded].
The rule text is deleted in its entirety and replaced with the following rule text.
Comment: Provisions of former Rule 111 were incorporated in Pa.R.J.A. 609.
Rule 113. [Use of Facsimile Signature] [Rescinded].
The rule text is deleted in its entirety and replaced with the following rule text.
Comment: Provisions of former Rule 113 were incorporated in Pa.R.J.A. 610.
SUPREME COURT OF PENNSYLVANIA ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS
PUBLICATION REPORT
Omnibus Amendments to the Pennsylvania Rules of Judicial Administration In consultation with the Supreme Court of Pennsylvania Minor Court Rules Committee, the Administrative Office of Pennsylvania Courts (''AOPC'') is considering proposing to the Supreme Court the adoption of an omnibus set of amendments to the Pennsylvania Rules of Judicial Administration, as well as conforming revisions to the Pennsylvania Rules and Standards With Respect to Offices of Magisterial District Judges. The potential changes reflect matters that have been brought to AOPC's attention over the past several years. Many are clarifying in nature or entail relocation, within the Rules of Judicial Administration, of content which previously was situated elsewhere (for example, in the Rules and Standards with Respect to Offices of Magisterial District Judges). Within the parameters of the rules selected for adjustment, AOPC also suggests altering numbering and style conventions to better conform with the conventions employed by the Supreme Court of Pennsylvania's Rules Committees.
The specific recommendations AOPC is considering are as follows:
Pa.R.J.A. 102 (Definitions)—Because provisions relating to administrative judges will be moved from current Rule 706 to new Rule 707, it is proposed that the definition of ''Administrative Judge'' in Rule 102 should be correspondingly adjusted. The statutory reference has also been updated.
Pa.R.J.A. 103 (Procedure for Adopting, Filing, and Publishing Rules)—The suggested revisions would require proposed changes to Supreme Court procedural rules to be published on the UJS website and via UJS social media. Also, a clarifying note is recommended, which would direct interested parties to the Pennsylvania Bulletin and add guidance about the publication schedule and comment period.
Pa.R.J.A. 301 (Judicial Council of Pennsylvania)—The suggested amendment to Rule 301(a) would make the establishment of the Judicial Council of Pennsylvania permissive instead of mandatory, and the rule would be expanded to include other advisory boards. It is also suggested that related Rules 302 (Organization and Procedure) and 312 (Recommendations to the Supreme Court) should be rescinded.
Pa.R.J.A. 503 (Appointment and Termination of Personnel)—The proposed revisions to Rule 503 are mostly organizational in nature and are suggested to enhance clarity. The reference to a probationary period for appellate court administrators, district court administrators, deputy court administrators, and special courts administrators would be removed, as they are addressed in the UJS Personnel Policies.
Pa.R.J.A. 505 (General Functions of the Administrative Office)—A comment would be added to Rule 505 consistent with the decision of the United States Court of Appeals for the Third Circuit in Geness v. AOPC, 974 F.3d 263 (3d Cir. 2020), to reflect that AOPC's responsibilities relative to the judicial districts are in an administrative and advisory capacity and do not give rise to a responsibility for the management of individual court cases.
Pa.R.J.A. 507 (Record Retention Schedules)—The textual changes would first eliminate current Rule 507(c) since AOPC believes the rule is superfluous. They also clarify that the scope of current Rule 507(d), concerning disposal certification requests, is limited to offices scheduled by the Supreme Court. In other words, offices scheduled by the County Records Committee are excluded. References to the codification of the records retention schedules for the appellate courts, the courts of common pleas, magisterial district courts, the Philadelphia Municipal Court, and the Pittsburgh Municipal Court would be added to the comment. Additionally, the appended images of forms for records disposal certification requests and disposal logs for non-permanent records would be replaced with a reference to a UJS website link to the forms.
Chapter 6 (Magisterial District Judges)—
Rules 602 and 603 would be revised to remove the language temporarily authorizing video instruction in place of in-person continuing education for members of the Minor Judiciary.
The proposal also encompasses moving Rules and Standards With Respect to Offices of Magisterial District Judges 101 through 113, except Rule 112, into the Rules of Judicial Administration, as matters such as the establishment of Magisterial District Judges' offices and bonds are administrative in nature.
The new rule about establishment of MDJ facilities, namely Rule 606, supplements the predecessor provision with requirements for Supreme Court approval and notice and comment when a facility is to be located outside the boundaries of the district for which the judge is elected.
Finally, a new rule, Rule 607, would be added to formalize the existing procedures governing realignment of magisterial districts.
Pa.R.J.A. 701 (Assignment of Judges to Courts)—The first non-stylistic change would clarify that the ten-year limitation on senior-judge service generally commences on the date on which the judge became eligible to serve. It is recommended that a restriction on temporary assignments of senior judges be removed, as the restriction was subject to exceptions which deprived the rule of any force. Additionally, Rule 701(E)(2) would be modified to clarify that judicial reassignments within Regional Administrative Units should generally be made at the local level where this is possible. And Rule 701(E)(4) would be added to codify the existing protocol that an administrative judge coordinates assignment activities and meetings of the unit.
Pa.R.J.A. 702 (Divisional Assignment of Judges)—A comment would be added to the rule to clarify that the divisions referred to therein are those prescribed in 42 Pa.C.S. § 951.
Pa.R.J.A. 703 (Reports of judges)—The sole modification, other than to some of the conventions, would be to add commentary, with reference to Rule 703(f), specifying the manner of submitting requests for reports and supplemental statements about matters submitted to judges for decision.
Pa.R.J.A. 705 (Seniority of judges)—The reference to a book containing records of certifications of seniority would be removed, as such records are presently maintained electronically.
Pa.R.J.A. 706 (Determination or Selection of Chief Justice and President and Administrative Judges)—An overarching proposal is to rewrite Rule 706 for clarity, as suggested below. Substantively, the proposed changes would remove the subject of selection of administrative judges from the scope Rule 706 and provide for this separately in a new rule (i.e., Rule 707). The revisions would also clarify that a president judge may serve an additional term after an intervening full elected term. Reference to the treatment of personal staff of a vacating president or administrative judge would be removed as being effectively obsolete. The language of Rule 706(e) (regarding resignation and temporary inability of court leaders) would be adjusted to eliminate any ambiguity that might have arisen out of the use of the term ''senior judge.'' The 30-day limitation on the appointment of an acting president judge would be expanded to 90 days to allow greater latitude. Finally, the selection procedures for president judges would be modified in several respects, including to allow greater flexibility in the selection of the time of day and voting venue.
Pa.R.J.A. 707 (Selection of Administrative Judges)—The content formerly situated in Rule 706 pertaining to administrative judges would be reposed in new Rule 707. The suggested comment would clarify that the term ''divisions'' refers to formal ones specified by statute, as some courts maintain divisions of a less formal nature.
Pa.R.J.A. 1901 (Prompt Disposition of Matters; Termination of Inactive Cases)—The proposed amendments would establish a more uniform statewide procedure for termination of inactive cases, consistent with the procedure set forth in Pa.R.Civ.P. 230.2(b)(2) (Termination of Inactive Cases). As such, the provisions requiring the promulgation of local rules would be eliminated. Consistent with Pa.R.Civ.P. 230.2(b)(2), the newspaper publication requirement would also be eliminated. The courts of common pleas would be expressly authorized to centralize the termination-review function, thus supplanting piecemeal review by magisterial district judges within their districts as well as in the Philadelphia Municipal Court.
Pa.R.J.A. 1910 (Broadcasting, Recording and Photography in the Courtroom)—Rule 1910(b)(5) would be added to clarify that judicial districts may adopt protocols regulating the use of video surveillance systems for security purposes.
Pa.R.J.A. 1920—1922 (Counsel Fees)—The amendments would eliminate overlap and redundancies and specifically allow for reimbursement for defense costs in civil litigation when a judge must defend a lawsuit in the judge's individual capacity. Where appropriate, such reimbursement has been authorized in the past, albeit that is presently beyond the express scope of Rule 1922, which is limited to criminal and disciplinary matters.
Pa.R.J.A. 1953 (Emergency Regional Administrative Units)—The suggested changes are correlative to the proposed modifications to Rule 701(e).
Pa.R.J.A. 4007 (Requests for Transcripts)—The amendments would provide a timeframe in which a deposit is paid or the request for the transcripts is deemed withdrawn, which removes the matter from the reporter's list of due transcripts. The changes would also clarify that it is permissible for a judicial district to designate the chief or lead reporter to manage transcript requests.
[Pa.B. Doc. No. 23-1027. Filed for public inspection August 4, 2023, 9:00 a.m.]
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