THE COURTS
Title 207--JUDICIAL CONDUCT
PART II. CONDUCT STANDARDS
[207 PA. CODE CH. 51]
Authority, Powers and Responsibilities of President Judges
[32 Pa.B. 3882]
Introduction The District Justice Task Force Ad Hoc Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rule 17 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices to further define the authority, powers, and responsibilities of the president judges of the courts of common pleas with regard to administration of the district justice system; and to make other technical or ''housekeeping'' amendments to this rule.
The following explanatory Report highlights the Ad Hoc Committee's considerations in formulating this proposal. The Ad Hoc Committee's Report should not be confused with the official Notes to the rules. The Supreme Court does not adopt the Notes or the contents of the explanatory Reports.
The text of the proposed changes precedes the Report. Unless otherwise specified, additions are shown in bold; deletions are in bold and brackets.
We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel,
Michael F. Krimmel, Staff Counsel
Supreme Court of Pennsylvania
District Justice Task Force Ad Hoc Committee
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055or e-mail to: minorcourt.rules@supreme.court.state.pa.us
no later than Wednesday, September 4, 2002.By the D.J. Task Force Ad Hoc Committee
BOB YANICH,
Chair
Annex A
TITLE 207. JUDICIAL CONDUCT
PART II. CONDUCT STANDARDS
CHAPTER 51. STANDARDS OF CONDUCT OF DISTRICT JUSTICES
PENNSYLVANIA RULES FOR DISTRICT JUSTICES Rule 17. Supervision of District Justices by President Judges.
(A) The president judge of the court of common pleas of a judicial district shall exercise general supervision and administrative [control] authority over district justices within [his] the judicial district.
(B) The president judge's administrative authority over district justices within the judicial district includes but is not limited to, and shall be governed by, the following:
(1) Records--The president judge shall have authority to designate a person to maintain personnel and other records in such form as directed by the president judge or required by general or local rule.
(2) Meetings with District Justices--The president judge shall have authority to require the attendance of district justices in the judicial district, individually or collectively, at meetings with the president judge or his or her representative.
(3) Personnel in the District Justice Courts--
(a) Except where minimum job qualifications for employees in the district justice courts are prescribed by the Supreme Court of Pennsylvania, the president judge shall have authority to prescribe minimum job qualifications for the district justice court employees in the judicial district.
(b) The president judge shall have authority to establish procedures regarding the hiring, firing, supervision, and discipline of all employees in the district justice courts in the judicial district.
(c) Subject to subparagraphs (a) and (b) above, a district justice shall have authority to fix the duties of all authorized staff and to select one as personal staff.
(d) In the interest of efficient administration of the judicial district, the president judge shall have authority to
(i) transfer or reassign a staff member, other than personal staff who may be transferred or reassigned only with the consent of the district justice, from one district justice court in the judicial district to another, and;
(ii) hire and assign as appropriate temporary or floater personnel.
(e) The president judge shall have authority to establish a system of performance evaluation for employees in the district justice courts in the judicial district.
(f) The president judge shall have authority to prescribe initial and ongoing training for employees in the district justice courts in the judicial district.
(4) District Justice Leave; Coverage During Leave--
(a) The president judge shall have authority to coordinate leave for district justices in the judicial district to assure access to judicial resources.
(b) Subject to the provisions of subparagraph (a) above, district justices shall enjoy autonomy with respect to choosing when to take leave, subject to reasonable coordination by the president judge with the schedules of the other district justices in the judicial district.
(5) Office Hours--The president judge shall have authority to designate the ordinary hours of district justice courts in the judicial district in accordance with Rule 103 of the Rules and Standards with Respect to Offices of District Justices.
(6) Temporary Assignments; Transfer of Cases--The president judge shall have authority to order temporary assignments of district justices or reassignment of cases or certain classes of cases to other magisterial districts within the judicial district or to central courts within the judicial district.
(7) Conduct of District Justices--When a complaint is received with respect to the conduct of a district justice, the president judge may in his or her discretion, review the matter with the affected district justice and may take any action that the president judge deems appropriate. Contemporaneous notice of any action taken by the president judge resulting in reassignment of cases or otherwise affecting the duties of the district justice shall be given to the Supreme Court of Pennsylvania and the Court Administrator of Pennsylvania.
(8) Procedural Audits--The president judge shall have authority to direct that procedural audits of a district justice court be conducted to assure compliance with general and local rules, administrative policies and procedures, and the District Justice Automated Office Clerical Procedures Manual. Such procedural audits shall be separate from the fiscal audits conducted by the county controller or state Auditor General, which shall be limited in scope to the accounts of the district justice. Such procedural audits may be conducted by the district court administrator, an outside independent auditor, or such other person as the president judge may designate.
Official Note: [The striking of constables from the heading and body of Rule 17 is pursuant to the Pennsylvania Supreme Court holding in Rosenwald v. Barbieri, 501 Pa. 563, 462 A.2d 644 (1983).] All references to constables were stricken from this Rule pursuant to the Pennsylvania Supreme Court's holding in Rosenwald v. Barbieri, 501 Pa. 563, 462 A.2d 644 (1983).
This Rule was amended in 2002 to more specifically outline the authority, powers, and responsibilities of the president judges with regard to management of the district justice system. In so doing, however, it was not intended that this be an exclusive list of powers and responsibilities, nor was it intended to limit the president judges' authority to the areas listed. Given the diverse needs of judicial districts throughout Pennsylvania, how president judges exercise this authority will recognizably be varied. In general, president judges have broad authority with regard to management of the district justice courts, but it seemed advisable that certain areas of authority and responsibility be specifically defined.
With regard to paragraph (B)(2), president judges or their representatives are encouraged to meet regularly with the district justices in the judicial district to foster and maintain open lines of communication regarding the management of the district justice system.
Subparagraphs (B)(3)(c) and (B)(4)(b) limit the president judges' authority in certain areas that are within the district justices' discretion. With regard to subparagraph (B)(3)(c), see 42 Pa.C.S. §§ 102 and 2301(a)(1), and Rule 5C. With regard to subparagraph (B)(4)(b), see Rule 3A.
Subparagraph (B)(3)(d)(i) gives president judges authority to transfer or reassign district justice court personnel as needed, except for personal staff as provided in subparagraph (B)(3)(c), who may be transferred or reassigned only with the consent of the affected district justice. It is contemplated that president judges would give sufficient notice to the affected district justices and employees before making transfers.
Nothing in subparagraph (B)(3)(f) is intended to circumvent any training program established or required by the Supreme Court of Pennsylvania or the Court Administrator of Pennsylvania.
As to paragraph (B)(6), compare Pa.R.Crim.P. 131(B) relating to central locations for preliminary hearings and summary trials. In addition, if the judicial district is part of a regional administrative unit, district justices may be assigned to any other judicial district in the unit. See Pa.R.J.A. No. 701(E).
Nothing in paragraph (B)(7) is intended to contradict or circumvent the constitutionally established process for the suspension, removal, and discipline of district justices. See Pa. Const. art. V, § 18; see also 207 Pa. Code chs. 101--119 (Judicial Conduct Board rules of procedure). President judges do not have authority to suspend or discipline district justices.
Adopted, effective Feb. 1, 1973. Amended and effective April 3, 1973; amended April 25, 1979, effective in 30 days; June 30, 1982, effective 30 days after July 17, 1982; amended and effective June 20, 1985; amended ______ , effective ______ .
REPORT
Proposed Amendment to Rule 17 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices
DEFINING THE AUTHORITY, POWERS, AND RESPONSIBILITIES OF THE PRESIDENT JUDGES OF THE COURTS OF COMMON PLEAS WITH REGARD TO ADMINISTRATION OF THE DISTRICT JUSTICE SYSTEM I. Background
The District Justice Task Force Ad Hoc Committee (hereinafter Ad Hoc Committee) was established by the Supreme Court of Pennsylvania to follow up on and develop implementation strategies regarding certain recommendations contained in the Report of the Intergovernmental Task Force to Study the District Justice System.1 One of the Ad Hoc Committee's specific assignments was to develop implementation strategies for Recommendation No. 1 of the Special Courts Administration Subcommittee of the Task Force (hereinafter Recommendation No. 1). Recommendation No. 1 relates to the authority, powers, and responsibilities of the president judges of the courts of common pleas with regard to administration of the district justice system, as defined in Rule 17 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices (hereinafter Rule 17).2 As is noted in the Comment to Recommendation No. 1, the Special Courts Administration Subcommittee found that Rule 17,3 ''broadly states that the president judge of the judicial district has general supervisory authority and administrative control over the district justices in the judicial district, but fails to specifically define the president judge's authority in major administrative areas. Accordingly, the Subcommittee determined that Rule 17 should be amended and expanded to specifically outline the authority, powers, and responsibilities of the president judge with regard to management of the district justice system.''4 The Special Courts Administration Subcommittee enumerated eight major areas in which the president judges' authority should be defined, including record keeping, meetings with district justices, personnel, district justice leave time, office hours, temporary assignments of district justices and transfer of cases, conduct of district justices, and procedural audits.5 As further noted in the Comment to Recommendation No. 1, ''[i]n enumerating the authority, powers, and responsibilities of the president judge, however, it was not the Subcommittee's intention to create an exclusive list of powers and responsibilities, nor was it the Subcommittee's intention to limit the president judges' authority to the areas listed. The Subcommittee agreed that the president judges should have broad authority with regard to management of the district justice courts, but it further determined that certain areas of authority and responsibility should be specifically defined.''6 It was against this backdrop that the Ad Hoc Committee went about the task of formulating an implementation strategy for Recommendation No. 1.
The Ad Hoc Committee considered two options to implement Recommendation No. 1. The first option would have substantially left Rule 17 as it is currently written and would have added the enumerated list of president judge powers and responsibilities as clarifying language in the Note to the rule. However, after considerable discussion and the recognition that the Supreme Court does not adopt the language of the committee Notes to the rules, the Ad Hoc Committee agreed on the second option that would incorporate the enumerated list into the body of Rule 17, with additional clarifying language added to the Note.
II. Discussion of Rule Changes
As discussed above, the Ad Hoc Committee agreed on a proposed amendment to Rule 17 that would incorporate the substance of Recommendation No. 1 into the body of the rule. To accomplish this, the Ad Hoc Committee proposes that Rule 17 be divided into two subdivisions. Subdivision (A) would retain the existing, broad language of the rule granting general supervisory and administrative authority to the president judge. A new subdivision (B) would incorporate the enumerated list from Recommendation No. 1. In keeping with its charge to implement the recommendation substantially as it was approved by the Intergovernmental Task Force, the Ad Hoc Committee made only minor editorial changes to the language of Recommendation No. 1 and made no major substantive changes to the list of president judge powers and responsibilities.
The Ad Hoc Committee further proposes substantial revisions to and expansion of the Note to Rule 17 to add clarifying language about the rule. Significantly, the proposed Note would make clear that the rule was amended ''to more specifically outline the authority, powers, and responsibilities of the president judges,'' but that ''it was not intended that this be an exclusive list of powers and responsibilities, nor was it intended to limit the president judges' authority to the areas listed.'' The proposed Note would further state that, ''[g]iven the diverse needs of judicial districts throughout Pennsylvania, how president judges exercise this authority will recognizably be varied.'' The proposed Note would also include a number of cross-references to other rules, and constitutional and statutory provisions.
In addition to the substantive changes to Rule 17 to implement Recommendation No. 1, the Ad Hoc Committee also proposes minor technical amendments to the rule and Note to address gender neutrality issues and to correct citation form.
______1 The Intergovernmental Task Force to Study the District Justice System was convened on May 30, 2001 ''to examine the current state of the district justice court system'' and to ''propose clear standards for the decenial magisterial district reestablishment, identify immediate and long-term system problems and needs, and formulate solutions to ensure the prudent and effective administration of the district justice courts.'' Report of the Intergovernmental Task Force to Study the District Justice System vii (October 2001) (available online at http://www.courts.state.pa.us/) [hereinafter Task Force Report].
2I d. at 29.
3 Rule 17, as currently written, states, ''[t]he president judge of the court of common pleas of a judicial district shall exercise general supervision and administrative control over district justices within his judicial district.''
4 Task Force Report, supra note 1, at 31.
5 Id. at 29-31.
6 Task Force Report, supra note 1, at 32.
[Pa.B. Doc. No. 02-1364. Filed for public inspection August 9, 2002, 9:00 a.m.]
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