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PA Bulletin, Doc. No. 97-298

THE COURTS

[207 PA. CODE CH. 5]

Amendment to Rule of Procedure 502 Relating to Trial; Doc. No. 1 JD 94

[27 Pa.B. 1010]

Order

Per Curiam:

   And Now, this 13th day of February, 1997, the Court, at a meeting of the Court on January 21, 1997, and pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having adopted a proposed amendment to Rule of Procedure No. 502(B)(4), as more specifically hereinafter set forth, It Is Hereby Ordered:

   That Court Administrator Wanda W. Sweigart provide for the publication of the Amendment in the Pennsylvania Bulletin, and

   That interested parties shall submit suggestions, comments, or objections no later than thirty days from the publication of this Order in that Bulletin.

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] shall first submit the [original] transcript [with] 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. 97-298. Filed for public inspection February 28, 1997, 9:00 a.m.]


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