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PA Bulletin, Doc. No. 97-585

THE COURTS

PART IV.  COURT OF JUDICIAL DISCIPLINE

[207 PA. CODE CH. 5]

Amendment to Rules Relating to Trial Procedures; Doc. No. 1 JD 94

[27 Pa.B. 1920]

Order

Per Curiam:

   And Now, this 4th day of April, 1997, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, and in accordance with this Court's Order dated February 13, 1997, having adopted a proposed amendment to Rule of Procedure No. 502(B)(4), It Is Hereby Ordered:

   That Rule of Procedure No. 502(B)(4) shall become effective immediately.

Annex A

TITLE 207.  JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

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.

   (A)  The trial shall be held before the Court and shall be open to the public.

   (B)  Conduct of Trial.

   (1)  All testimony shall be under oath.

   (2)  The Board and the Judicial Officer shall be permitted to present evidence and examine and cross-examine witnesses. The Judicial Officer may, but shall not be required to, testify.

   (3)  At the conclusion of the trial, the Board and the Judicial Officer may, at the request of the Court, present oral argument and shall submit proposed findings of fact and conclusions of law.

   (4)  The trial shall be recorded verbatim. Requests and orders for transcripts shall be governed by Pa.R.J.A. 5000.5. Any party requesting notes of testimony shall bear the cost of transcription. [If] When the notes of testimony [are] have been transcribed, [it shall be the duty of] the court reporter [to file the original transcript with the Clerk] shall first submit the transcript to the Clerk. Following receipt and review of the transcript, the Court shall lodge the transcript and shall inform the court reporter of said lodging. In no instance shall the court reporter provide a version of the transcript to a requesting party until the transcript is lodged, and the Clerk has informed the court reporter and the parties that the transcript has been lodged.

*      *      *      *      *

[Pa.B. Doc. No. 97-585. Filed for public inspection April 18, 1997, 9:00 a.m.]


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