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Pennsylvania Code



CHAPTER 103. JUDICIAL COUNCIL ORGANIZATION AND PROCEDURE

Sec.


103.1.    Membership.
103.2.    Members Ex Officio.
103.3.    Officers.
103.4.    Meetings.
103.5.    Committees.

Authority

   The provisions of this Chapter 103 issued under Pa.R.J.A. Nos. 302 and 303, unless otherwise noted.

Source

   The provisions of this Chapter 103 amended August 31, 1999, effective immediately, 29 Pa.B. 4941, unless otherwise noted.

§ 103.1. Membership.

 (a)  The membership of the Judicial Council shall be as provided by Pa.R.J.A. 301(b).

 (b)  If a member who is the president judge of a court is unable to attend a meeting of the Council, the member shall appoint another judge of that court to attend the meeting and be the member’s proxy on all matters, including voting.

§ 103.2. Members Ex Officio.

 (a)  Each Justice of the Supreme Court who is not a member of the Judicial Council shall be an ex officio member and have the right to attend meetings of the Council and to be heard upon any question or matter under consideration. The Executive Director of the Council shall furnish each Justice who is an ex officio member with a copy of all documents distributed to the Council at the time they are distributed and notice of all meetings of the Council including the agenda and supporting papers.

 (b)  The Judicial Council may appoint ex officio members, including members of the General Assembly, who may attend and participate in the meetings and the work of the Council. Ex officio members shall serve in such capacity and for such time as the Council may determine, but they shall not have a vote on matters before the Council.

§ 103.3. Officers.

 (a)  The chair, vice-chair and secretary of the Judicial Council shall be as provided by Pa.R.J.A. 301(b).

   Official Note

   Section 103.3(a) is derived from Pa.R.J.A. 302(a).

 (b)  In the absence or disability of the chair, the vice-chair shall exercise the powers and perform the duties of the chair.

 (c)  The chair and vice-chair of the Judicial Council shall be ex officio members of all committees of the Council.

§ 103.4. Meetings.

 (a)  As provided by Pa.R.J.A. 302(c), the Judicial Council shall meet at such times as may be specified by the Chief Justice.

 (b)  The Executive Director shall prepare a proposed agenda for each meeting of the Council and distribute it to the members two weeks prior to the meeting for comments and additions. The Executive Director shall then prepare a final agenda, to be approved by the Chief Justice, and distribute it, together with supporting papers, to the members of the Council in advance of the meeting.

   Official Note

   Rule 103.2(a) requires the Executive Director to distribute the Council materials to Justices of the Supreme Court who are ex officio members.

§ 103.5. Committees.

 (a)  The Judicial Council may appoint from its membership one or more committees as the Council deems necessary to assist in its functions.

 (b)  Each committee shall meet on the day of the meeting of the Judicial Council and at such other times as the committee’s chair may require.

 (c)(1) Each committee may appoint one or more ex officio members, including members of the General Assembly, who may attend and participate in the meetings and the work of the committee. Ex officio members shall serve in such capacity and for such time as the particular committee may determine, but ex officio members shall not have a vote on matters before the committee.

   (2)  Each committee may appoint an advisory committee to assist the committee in its assigned function. An advisory committee shall serve in such capacity and for such time as the particular committee may determine. Members of an advisory committee shall not by virtue of membership on an advisory committee be deemed members of the Council or of the appointing committee.


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