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PA Bulletin, Doc. No. 24-327

THE COURTS

Title 207—JUDICIAL CONDUCT

PART V. JUDICIAL ETHICS ADVISORY BOARD

[207 PA. CODE CH. 1]

Order Amending Rules 104, 202 and 206 of the Pennsylvania Rules of the Judicial Ethics Advisory Board; No. 613 Judicial Administration Docket

[54 Pa.B. 1296]
[Saturday, March 16, 2024]

Order

Per Curiam

 And Now, this 28th day of February, 2024, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, It Is Ordered that:

 Rules 104, 202 and 206 of the Pennsylvania Rules of the Judicial Ethics Advisory Board are amended in the attached form.

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

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

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

Annex A

TITLE 207. JUDICIAL CONDUCT

PART V. JUDICIAL ETHICS ADVISORY BOARD

CHAPTER 1. RULES OF THE JUDICIAL ETHICS ADVISORY BOARD

Subchapter A. PRELIMINARY PROVISIONS

Rule 104. Pennsylvania Judicial Ethics Advisory Board.

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

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

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

 Members who were appointed for an initial term of less than six years, or who were appointed to fill a vacancy, shall be eligible for reappointment. However, no member shall be reappointed more than once or serve as a member for more than 10 years.

 (d) Powers and Duties. The Board shall have the authority to:

 (1) Render advisory opinions regarding proper judicial conduct under the Codes. The Board may not issue an advisory opinion interpreting a judicial officer's obligations under any provision of law that does not relate to judicial ethics.

 (2) Appoint an Executive Director and such other staff and experts as may from time to time be required to perform properly the functions prescribed by orders of the Supreme Court and these rules.

 (3) Adopt regulations pertaining to its processes, which regulations shall not be inconsistent with these rules and shall be subject to approval by the Supreme Court.

 (4) Develop a course of training in judicial ethics, which course shall be subject to approval by the Judicial Education Board, and which must be completed by every Board member prior to beginning service on the Board.

 (5) Make recommendations to the Supreme Court regarding amendments to the Codes and these rules.

 (6) Make recommendations to the Continuing Judicial Education Board and the Minor Judiciary Education Board regarding topics for judicial education.

 (7) Undertake such other related duties as may be requested of the Board by the Supreme Court.

 (e) Duty to Report. The Board will provide a summary of its activities to the Supreme Court on an annual basis.

Subchapter B. REQUESTS FOR JUDICIAL ADVISORIES; ACTIONS BY THE BOARD; RULES OF RELIANCE

Rule 202. Assignment to Panel; Composition of Panel.

 Every Request shall be assigned an identifying number. The Chair or the Chair's designee will assign the Request to a three-member panel of the Board (''Panel''). At least one member of the Panel shall be a judicial officer from the same level of the judicial system as the inquiring judicial officer. If the inquiring judicial officer is from the Philadelphia Municipal Court, at least one member of the Panel shall be either a judge of the Municipal Court or a judge of any court of common pleas. If the inquiring judicial officer is a Justice of the Supreme Court, at least one member of the Panel shall be a judge of the Superior Court or Commonwealth Court.

Rule 206. Rules of Reliance.

 (a) Where a judicial officer complies with Advice that is subsequently adopted as a Board Opinion, such compliance shall be entitled to substantial weight in determining whether discipline should be recommended or imposed.

 (b) Where a judicial officer complies with Advice that is subsequently reversed or modified by the Board, compliance prior to the time the judicial officer is notified of the Board's action shall be [taken into account in determining whether discipline should be recommended or imposed] entitled to substantial weight in determining whether discipline should be recommended or imposed.

 (c) Where a judicial officer complies with General Guidance, such compliance may be taken into account in determining whether discipline should be recommended or imposed.

 (d) Informal or informational discussions with Board members or Board staff shall not be afforded consideration in determining whether discipline should be recommended or imposed.

[Pa.B. Doc. No. 24-327. Filed for public inspection March 15, 2024, 9:00 a.m.]


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