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PA Bulletin, Doc. No. 96-718

THE COURTS

Title 207--JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

Rules of Procedure; Doc. No. 1 JD 94

[26 Pa.B. 2097]

Order

   And Now, this 17th day of April, 1996, pursuant to Article V, Section 18(b)(4) of the Pennsylvania Constitution, and in accordance with this Court's Order of February 6, 1996, proposing to amend C.J.D.R.P. No. 502, by adopting new subsections (D)--(F) and to adopt New Rule 112, the Court of Judicial Discipline hereby adopts the amendment to C.J.D.R.P. No. 502 Subsection (D)--(F) and Rule 112 in the following form, effective immediately.

Annex A

TITLE 207.  JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

ARTICLE I.  PRELIMINARY PROVISIONS

CHAPTER I.  GENERAL PROVISIONS

IN GENERAL

Rule 112.  Photocopies.

   Upon the request of any resident of Pennsylvania, the Administrative Office of the Court of Judicial Discipline shall provide free of charge a copy of any Opinion or Order issued by the Court. The Administrative Office will provide photocopies of any other documents listed in the official docket at a cost of $.50 per page.

ARTICLE II.  PROCEEDINGS BASED ON THE FILING OF FORMAL CHARGES

CHAPTER 5.  TRIAL PROCEDURES

Rule 502.  Trial. Stipulations of Fact. Conclusions of Law. Withdrawal of Counts.

*      *      *      *      *

   (D)  Stipulations of Fact.

   (1)  In lieu of a trial, the parties may submit to the Court an agreed statement of all facts necessary to a decision of the issues in the case. Said statement as submitted shall be binding upon the parties and shall be adopted by the Court as the facts of the case upon which the decision shall be rendered. When submitted, any such statement shall include a signed waiver of any right to trial granted under the Constitution and the Rules of this Court.

   (2)  The parties may submit stipulations as to issues of fact to which they agree, but which do not resolve all relevant issues of fact. In such case, the parties shall be bound by the stipulations as submitted and the Court shall proceed to trial on all other remaining factual issues.

   (E)  Conclusions of Law.

   At the close of the evidence, the parties may submit suggested Conclusions of Law which the Court may consider in rendering the decision, however, said conclusions when submitted are not binding upon the Court.

   (F)  Withdrawal of Counts.

   The Board may file a motion to withdraw counts in a Complaint, which shall be supported by a change in circumstances such as the loss of evidence or the unavailability of a necessary witness, or other justifiable reason.

By the Court

JOSEPH F. MCCLOSKEY,   
President Judge

[Pa.B. Doc. No. 96-718. Filed for public inspection May 3, 1996, 9:00 a.m.]


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