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PA Bulletin, Doc. No. 98-2014

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART II.  GENERAL ADMINISTRATION

[204 PA. CODE CH. 29]

Prohibited Political Activity by Court-Appointed Employees; No. 201 Judicial Administration Doc. No. 1

[28 Pa.B. 6068]

Order

Per Curiam

   And Now, this 24th day of November, 1998, the prohibition against political activity by court-appointed employees is hereby reaffirmed, and the following guidelines, as amended this date, are intended to clarify the policy which was previously approved by this Court. These guidelines, as amended, shall be effective immediately.

   Mr. Justice Castille files a dissenting statement which is joined by Mr. Justice Nigro and Madame Justice Newman.

Dissenting Statement

MR. JUSTICE CASTILLE

   I respectfully dissent to this amendment to the Guidelines regarding political activity by Court-appointed employees. I believe that allowing court-appointed employees to participate in elective partisan political activity presents, at a minimum, the appearance of impropriety. By not requiring court-appointed employees to resign their respective positions in order to campaign on a partisan basis, this amendment gives rise to the inescapable conclusion that the judicial system itself is involved in partisan electoral politics, thereby raising an appearance of bias. I believe that the better practice is to require the resignation of any court-appointed employee who wishes to seek elective office, as the Guidelines presently require.

   Mr. Justice Nigro and Madame Justice Newman join in this dissenting statement.

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART II.  GENERAL ADMINISTRATION

CHAPTER 29.  MISCELLANEOUS PROVISIONS

Subchapter M.  PROHIBITED POLITICAL ACTIVITY BY COURT-APPOINTED EMPLOYEES

GUIDELINES REGARDING POLITICAL ACTIVITY BY COURT-APPOINTED EMPLOYEES

1.  Definitions.

   (a)  The term ''partisan political activity'' shall include, but is not limited to, running for public office, serving as a party committee-person, working at a polling place on Election Day, performing volunteer work in a political campaign, soliciting contributions for political campaigns, and soliciting contributions for a political action committee or organization, but shall not include involvement in non-partisan or public community organizations or professional groups.

   (b)  The term ''court-appointed employees'' shall include, but is not limited to, all employees appointed to and who are employed in the court system, statewide and at the county level, employees of the Administrative Office of Pennsylvania Courts, Court Administrators and their employees and assistants, court clerks, secretaries, data processors, probation officers, and such other persons serving the judiciary.

2.  Prohibition of Partisan Political Activity.

   (a)  Court-appointed employees shall not be involved in any form of partisan political activity.

   (b)  This prohibition shall not apply to court-appointed employees who are duly sworn Court-appointed full-time masters and members of Board of Viewers, who are attorneys in good standing admitted to the practice of law in this Commonwealth, who may become candidates for higher judicial office. Said employees shall, during such candidacy, be subject to the provisions of the Code of Judicial Conduct and, particularly, Canon 7, which governs judicial campaigns.

3.  Termination of Employment.

   Except as provided in paragraph 2(b), above, henceforth, a court-appointed employee engaging in partisan political activity shall cease such partisan political activity at once or shall be terminated from his or her position. In the event an employee chooses to become a candidate for any office, such employee shall be terminated, effective the close of business on the first day of circulating petitions for said office.

4.  President Judge.

   The President Judge of each appellate court or county court of common pleas shall be responsible for the implementation of these guidelines and shall be subject to the review of the Judicial Inquiry and Review Board for failure to enforce.

[Pa.B. Doc. No. 98-2014. Filed for public inspection December 11, 1998, 9:00 a.m.]


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