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PA Bulletin, Doc. No. 98-209

THE COURTS

Title 207--JUDICIAL CONDUCT

PART III.  JUDICIAL CONDUCT BOARD

[207 PA. CODE CH. 119]

Proposed Adoption of Rule 35

[28 Pa.B. 646]

   The Judicial Conduct Board proposes to adopt Rule 35 to the Rules of Procedure that govern practice before the Board. All communications in reference to the proposed amendments should be sent not later than March 27, 1998 to Vincent J. Quinn, Esquire, Chief Counsel, Judicial Conduct Board, 225 Market Street, Harrisburg, PA 17101.

Annex A

TITLE 207.  JUDICIAL CONDUCT

PART III.  JUDICIAL CONDUCT BOARD

CHAPTER 119.  SPECIAL PROCEDURES FOR CASES INVOLVING MENTAL OR PHYSICAL DISABILITY

Rule 35.  Intervention.

   (A)  During the course of an investigation, upon the good faith belief that the alleged misconduct was caused by mental illness, drug dependency, addiction to alcohol, or temporary mental infirmity, the Board shall take one or more of the following actions:

   (1)  request that the judicial officer resign from office;

   (2)  request that the judicial officer seek appropriate treatment;

   (3)  request that the judicial officer take a leave of absence from his or her judicial office until such time that the Board and the judicial officer agree that it is appropriate for the judicial officer to return to office;

   (4)  upon application of the judicial officer, the Board may approve an appropriate treatment program.

   (B)  Action taken by a judicial officer in response to any action taken by the Board pursuant to Paragraph A, shall be considered by the Board in making a determination pursuant to Rule 31.

   (C)  The judicial officer's entrance into and participation in a rehabilitation program approved by the Board shall constitute good cause under Rule 31(C) for the Board to continue any full investigation beyond 180-days.

[Pa.B. Doc. No. 98-209. Filed for public inspection February 6, 1998, 9:00 a.m.]


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