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PA Bulletin, Doc. No. 00-2204

THE COURTS

Title 207--JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

[207 PA. CODE CHS. 1 AND 3]

Amendment to the Rules of Procedure of the Court of Judicial Discipline; Doc. No. 1 JD 94

[30 Pa.B. 6542]

Order

Per Curiam:

   And Now, this 12th day of December 2000, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having adopted proposed amendments to Rules of Procedure 102, 110, 301 and 302, as more specifically hereinafter set forth, It Is Hereby Ordered That Rules of Procedure 102, 110, 301 and 302 shall become 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 102.  Definitions.

   The following words and phrases when used in these rules shall have the following meanings, unless the context or subject matter otherwise requires:

   Board is the Judicial Conduct Board.

   Board Complaint is the formal charging document filed by the Board to initiate proceedings in the Court pursuant to Article V, § 18(b)(5) of the Pennsylvania Constitution.

   Charges are the formal charges contained in the Board Complaint filed with the Court by the Board alleging that a judicial officer has been convicted of a felony, violated Article V, § 17 of the Pennsylvania Constitution, engaged in misconduct in office, neglected or failed to perform the duties of office or engaged in conduct which prejudiced the proper administration of justice or brought the judicial office into disrepute, violated a canon of legal or judicial ethics or standards of conduct or a rule of the Supreme Court, or that the judicial officer is mentally or physically disabled.

   Clerk is the person appointed by the Court to serve as Clerk of the Court.

   Conference Judge is a Court member appointed by the President Judge following the filing of a Board Complaint, to preside at the pre-trial conference, to rule on the omnibus motion, and, during a panel hearing, to make evidentiary rulings. A Conference Judge may also be appointed by the President Judge to rule on preliminary motions in proceedings other than those initiated by the filing of a Board Complaint.

   Court is the Court of Judicial Discipline. Unless the context clearly indicates otherwise, the term shall include a panel.

   Full Court is at least a quorum of the Court.

   Judicial Officer includes district justices, judges of the Philadelphia Municipal and Traffic Courts, judges of the Pittsburgh Magistrates Court, judges of the courts of common pleas, the Commonwealth Court, and the Superior Court, justices of the Supreme Court and senior judges or district justices of any court.

   Majority is a majority of the members of the Court qualified to vote.

   Panel is a group of no fewer than three members of the Court appointed by the President Judge.

   Petition for Relief is a document filed pursuant to these Rules to initiate proceedings other than formal charges in the Court.

   Preliminary Conference Judge is a member of the Court appointed by the President Judge when deemed appropriate to convene and preside at a preliminary conference.

   President Judge is a member of the Court elected by the Court to act as the President Judge.

   Quorum is five members of the Court.

   Verification is a written statement of fact by the signer, supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification of authorities.

Rule 110.  Entry of Appearance.

   (A)  Counsel for a Judicial Officer shall file an entry of appearance with the Clerk of the Court and shall serve a copy of the entry on the Board Counsel.

   (B)  The entry of appearance shall include counsel's name, address, phone number, and Pennsylvania Supreme Court Identification Number. Admission Pro Hoc Vice shall be in accordance with the Pennsylvania Bar Admission Rules.

   Official Note:  Counsel should file an entry of appearance within 15 days of service of the Board Complaint or a Preliminary Conference Judge will be appointed in accordance with Rule 301(B).

ARTICLE II.  PROCEEDINGS BASED ON THE FILING OF FORMAL CHARGES

CHAPTER 3.  INITIATION OF FORMAL CHARGES

Rule 301.  Initiating Formal Charges: Preliminary Conference Judge; Conference Judge; Scheduling.

   (A)  Board Complaint. Proceedings in the Court shall be commenced by the filing of a Board Complaint with the Clerk and concurrent service of the Board Complaint on the Judicial Officer.

   (B)  Appointment of Preliminary Conference Judge. If the Clerk does not receive an entry of appearance for the Judicial Officer within 15 days of service of the Complaint as specified in Rule 302(B), the Clerk shall so notify the President Judge. Within five (5) days of receipt of such notification the President Judge shall appoint a member of the Court to serve as Preliminary Conference Judge.

   (C)  Duties of Preliminary Conference Judge. As soon as practicable after appointment, the Preliminary Conference Judge shall schedule and conduct a preliminary conference at which the Judicial Officer shall be advised of his or her right to be represented by counsel.

   (D)  Appointment of Conference Judge. Within 10 days after a Board Complaint is filed pursuant to paragraph (A), the President Judge shall appoint a member of the Court to serve as Conference Judge on the case as provided in these rules.

   (E)  Duties of Conference Judge Following the Filing of Formal Complaint. In addition to the other duties of Conference Judge set forth in these rules, the Conference Judge shall:

   (1)  dispose of all pre-trial motions;

   (2)  schedule and conduct a pre-trial conference, in accordance with C.J.D.R.P. No. 421; and

   (3)  upon disposition of all pre-trial matters, certify to the President Judge notice that the matter is ready for trial.

   (F)  The Clerk shall serve certified copies of orders scheduling pre-trial conferences and trials to the Board and the Judicial Officer.

Rule 302.  Contents of Board Complaint.

   (A)  For each charge against the Judicial Officer, the Board Complaint shall:

   (1)  state in plain and specific language the nature of the charge;

   (2)  specify the allegations of fact upon which the charge is based.

   (B)  The Board Complaint shall contain a notice to the Judicial Officer advising the Judicial Officer to engage an attorney to represent him or her before the Court in connection with the charges set out in the Board Complaint and directing that the attorney shall file an entry of appearance within 15 days of the service of the Board Complaint. The notice shall be substantially in the following form:

You have an absolute right to be represented by a lawyer in all proceedings before the Court of Judicial Discipline. Your attorney should file an entry of appearance with the Court of Judicial Discipline within 15 days of the service of this Complaint in accordance with C.J.D.R.P. No. 302(B).

   (C)  If an entry of appearance is not filed within the time specified in paragraph (B), the Clerk shall immediately notify the President Judge.

   (D)  Within five (5) days of notification by the Clerk as in paragraph (C), the President Judge shall appoint a member of the Court to serve as Preliminary Conference Judge. The Preliminary Conference Judge shall then proceed in accordance with C.J.D.R.P. No. 301(C).

   (E)  The Board Complaint shall give notice to the Judicial Officer of the time period within which the Judicial Officer must file an omnibus motion pursuant to Rule 411.

   (F)  The Board Complaint shall be signed and verified by counsel for the Board.

[Pa.B. Doc. No. 00-2204. Filed for public inspection December 22, 2000, 9:00 a.m.]


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