Rule 1952. Emergency actions, duties and authorities.
(a) Role of Supreme Court.
(1) In the event of an emergency that affects court operations in the Commonwealth or in one or more judicial districts, the Supreme Court shall have the authority to declare a judicial emergency generally or in any judicial district affected by the emergency.
(2) By the declaration of a judicial emergency, the Supreme Court may:
(A) suspend or modify statewide or local procedural or administrative court rules;
(B) suspend time calculations for the purposes of time computation relevant to court cases or other judicial business;
(C) direct a court to sit in a location other than its normal place of operations, including outside of its judicial district;
(D) assign judges or court personnel from outside the affected judicial district;
(E) authorize additional uses of advanced communication technology to conduct court proceedings;
(F) take any action listed in paragraph (b)(2)(A)—(R) for an individual or multiple judicial districts; and
(G) take any other necessary administrative action regarding judicial staff, court facilities and operations.
Official Note
See also paragraph (b)(2) for actions a president judge may take once a judicial emergency has been declared.
See Pa.R.Crim.P. 103 for the definition of advanced communication technology.
See Pa.R.Crim.P. 118 and 119 for general rules governing the use of two-way simultaneous audio-visual communications in criminal proceedings.
(b) Role of the President Judge.
(1) In the event of an emergency, the president judge may request authorization from the Supreme Court to declare a judicial emergency in the judicial district. Such declaration shall remain in effect until such time as it is amended, rescinded, modified or superseded by order of the Supreme Court.
(2) If the Supreme Court authorizes the president judge to declare a judicial emergency in the judicial district, and unless limited by the Supreme Court, the president judge shall have the authority to:
(A) order the closure of court facilities until safe operations of the court and its offices can be restored;
(B) order the evacuation of court facilities;
Official Note
Ordering the evacuation of court facilities, when practical under the circumstances, should occur after consultation with members of the local court security committee, established under Pa.R.J.A. No. 1954(a), and relevant law enforcement agencies.
(C) direct the relocation of court operations to safe locations;
(D) take necessary action to provide for (i) the safety of court personnel, court users and the public, and (ii) the security of court facilities, financial and cash operations, equipment and records;
(E) establish a telephone hotline or website to provide the bench, bar and the public with court and emergency information;
(F) reassign judges or court personnel within the judicial district as needed to ensure the continuation of operations;
Official Note
See also Pa.R.J.A. No. 1953 for requests for additional judges from within the Emergency Regional Administrative Unit.
(G) expand the duties and work hours of staff to handle emergency matters;
(H) cancel or modify court calendars, subpoenas or other court orders;
(I) cancel or suspend jury and non-jury trials;
(J) cancel or suspend jury duty;
(K) suspend or modify local rules of court and administrative rules or procedures, including personnel policies;
(L) suspend or modify the time requirements and limitations established by local rule;
(M) make application to the Supreme Court to temporarily suspend or modify statewide court rules as applied to any case or cases in the judicial district;
(N) provide for alternative signing, delivery and service of court documents and orders;
(O) extend the duration of any emergency or temporary order (for example, protection from abuse order) issued by a judge or magisterial district judge in the judicial district;
(P) assign custodial responsibility for court funds;
(Q) ensure compliance with any Federal, State or local emergency declarations;
(R) order the full or partial implementation of the continuity of operations plan established pursuant to Pa.R.J.A. No. 1951; and
(S) request additional emergency judicial orders from the Supreme Court as the needs of justice require.
(3) The president judge shall immediately notify the Court Administrator of any emergency occurring within his or her court or judicial district that causes the closure of court facilities, causes the temporary suspension of court operations or causes the full or partial implementation of the court’s continuity of operations plan.
(4) Requests for emergency judicial orders pursuant to paragraphs (b)(1) or (b)(2)(S) shall be made to the Court Administrator on a form substantially similar to the one appended to this Rule. Upon receiving a request for an emergency judicial order, the Court Administrator shall immediately transmit said request to (1) the Chief Justice of Pennsylvania or another Justice designated by the Chief Justice and (2) to the Supreme Court Prothonotary. Emergency judicial orders may be signed by the Chief Justice or another Justice designated by the Chief Justice to handle emergency applications for relief. Facsimile signatures may be used in lieu of original signatures on emergency judicial orders. Objections to emergency judicial orders from the Supreme Court shall be transmitted to the Supreme Court Prothonotary in a manner prescribed by the Supreme Court.
(5) During an emergency, the provisions of any statewide procedural rules that require submission of local rules, including administrative orders, to the Supreme Court, the Administrative Office of Pennsylvania Courts, a statewide procedural rules committee, or the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, shall not apply to any local rules or administrative orders issued in response to the emergency. The president judge of the affected judicial district shall inform the Supreme Court of any local rule or administrative order issued under this paragraph as soon as practicable.
Official Note
See Pa.R.J.A. No. 103(c) and (d) for local rule adoption procedures.
(c) Role of the Court Administrator.
(1) The Court Administrator shall render such assistance as practicable and proper to judicial districts affected by an emergency and to assist in the continuity of operations.
(2) The Court Administrator shall coordinate efforts of the Unified Judicial System to provide relief to judicial districts affected by an emergency, including providing available resources and personnel from other judicial districts.
Official Note
See also Pa.R.J.A. No. 701.
(3) The Court Administrator shall provide information concerning the emergency to appropriate governmental and non-governmental entities in a timely manner.
(4) In the event the Court Administrator is notified of an emergency that causes the temporary closure of court operations, the Court Administrator shall immediately advise the Chief Justice of Pennsylvania, the Governor, the President Pro Tempore of the Pennsylvania Senate and the Speaker of the Pennsylvania House of Representatives of such emergency.
Official Note
See paragraph (b)(4) regarding requests for emergency judicial orders.
(5) All requests for emergency judicial orders submitted to the Supreme Court, all emergency judicial orders issued by the Supreme Court, and all emergency judicial orders issued by president judges shall, to the extent possible and practical under the circumstances, be promptly and conspicuously posted on the Unified Judicial System website.
(d) Role of the District Court Administrator.
(1) The district court administrator shall assist the president judge in planning for emergencies and for the continuation of court operations in the event of an emergency.
Official Note
See Pa.R.J.A. Nos. 1951(a)(2), (b)(1), and (c)(1) for the development of continuity of operations plans and emergency action plans.
(2) In the event of an emergency, the district court administrator shall assist the president judge in implementing continuity of operations plans.
Official Note
See Pa.R.J.A. No. 1951(a)(2) for the president judge’s authority to implement continuity of operations plans.
(3) In the event of an emergency, unless otherwise specified in the continuity of operations plan, the district court administrator shall:
(A) gather information from state and local officials, health and safety personnel, and any other relevant individuals or information sources to advise the president judge if the continuity of operations plan should be activated;
(B) prepare the continuity of operations plan notification for approval by the president judge and disseminate the notification;
(C) coordinate court personnel and resource deployment to an alternate facility;
(D) assist the sheriff and courthouse security in the movement of jurors, prisoners and the public, and assist with the general security of court and alternate facilities;
(E) ensure that all emergency judicial orders are promptly posted conspicuously in the affected judicial district and that they are transmitted to the Court Administrator in as prompt a manner as circumstances permit;
(F) manage alternate facility operations;
(G) provide timely information to the president judge and Court Administrator on the performance of court operations;
(H) ensure personnel issues are addressed and resolved; and
(I) confirm and communicate to the president judge when the emergency situation has ended.
(4) Once normal court operations are resumed, the district court administrator shall communicate with judges, staff and other appropriate individuals and entities to develop an after-action report to be transmitted to the Court Administrator and in conjunction with the continuity of operations plan review mandated in Pa.R.J.A. No. 1951(b)(4).
Comment Rule of Judicial Administration No. 1952 clarifies a non-exhaustive list of actions the Supreme Court may order during an emergency. In addition to declaring a ‘‘judicial emergency’’ in one or several judicial districts, the Rule specifies numerous judicial and administrative actions the Supreme Court may order to continue and protect the judicial process, as well as the rights of litigants and the public. In addition, Pa.R.J.A. No. 1952 details the role of the president judges during and after an emergency. Under this Rule, and subject to Supreme Court approval and oversight, the president judges of each judicial district are given wide authority to order that extraordinary measures be taken to protect the public, court users and staff and to continue court operations during and after an emergency.
IN THE SUPREME COURT OF PENNSYLVANIA In Re:
Judicial District—Request for Emergency Judicial Order1.
, President Judge of the
Judicial District, hereby requests the following relief by Order of the Supreme Court:a. Authorize the president judge to declare a judicial emergency in this judicial district and take any actions authorized by Pa.R.J.A. No. 1952(B)(2).
b. Suspend or modify statewide procedural or administrative rules in this judicial district as follows:
1. Suspend time calculations for the purposes of time computation within this judicial district for the filing of documents with the court or taking other judicially mandated action. Beginning date
, ending date
.2. Authorize the expanded use of advanced communication technology to conduct court proceedings as follows:
3. Suspend or modify other statewide procedural or administrative rules as follows:
c. Grant other relief as follows:
2. The circumstances necessitating this request for an emergency judicial order are as follows:
3. To the extent possible and practical under the circumstances, notice of this request for an emergency judicial order has been or will be:
posted in the courthouse or other judicial office
posted on the court’s or county’s web site
posted on the county bar association’s web site
submitted to the Administrative Office of Pennsylvania Courts for publication pursuant to Rule of Judicial Administration No. 1952(C)(5)
published in the legal publication designated by the court for publication of legal notices
published in a newspaper of general circulation within the county4. Interested parties are advised that objections to any emergency judicial order issued by the Supreme Court should be transmitted to the Supreme Court Prothonotary.
Signed:
Dated:
Source The provisions of Rule 1952 are adopted December 28, 2009, effective immediately, 40 Pa.B. 218; amended June 28, 2016, effective August 1, 2016, 46 Pa.B. 3790; amended March 16, 2021, effective January 1, 2022, 51 Pa.B. 1644. Immediately preceding text appears at serial pages (382567) to (382571).
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