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PA Bulletin, Doc. No. 02-2166

THE COURTS

PART II.  CONDUCT STANDARDS

[207 PA. CODE CH. 51]

Amendment of Rule 15D(3) of the Rules Governing Standards of Conduct of District Justices; No. 137 Magisterial Doc. No. 1, Book 2

[32 Pa.B. 5951]

Order

Per Curiam:

   And Now, this 21st day of November, 2002, Rule 15D(3) of the Rules Governing Standards of Conduct of District Justices is amended to read as set forth in Annex A.

   To the extent that notice of the proposed rulemaking would be required by Rule 103 of the Pennsylvania Rules of Judicial Administration or otherwise, the immediate amendment of Rule 15D(3) is hereby found to be required in the interest of justice and the efficient administration.

   This Order shall be effective immediately and shall be processed in accordance with Rule 103(b) of the Pennsylvania Rules of Judicial Administration.

Annex A

TITLE 207.  JUDICIAL CONDUCT

PART II.  CONDUCT STANDARDS

CHAPTER 51.  STANDARDS OF CONDUCT OF

DISTRICT JUSTICES

PENNSYLVANIA RULES FOR DISTRICT JUSTICES

Rule 15.  Public Office and Political Activity.

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   D.  With respect to his campaign conduct, a district justice or a candidate for such office shall:

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   (3)  not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office; [announce his views on disputed legal or political issues] make statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court; or misrepresent his identity, qualifications, present position, or other fact.

   Commentary: The United States Supreme Court in Republican Party of Minnesota v. White, 122 S. Ct. 2528 (2002) concluded that a canon of judicial conduct prohibiting judicial candidates from ''announcing their views on disputed legal or politicalissues'' is violative of the First Amendment of the United States Constitution.

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[Pa.B. Doc. No. 02-2166. Filed for public inspection December 6, 2002, 9:00 a.m.]


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