Rule 104. Pennsylvania Judicial Ethics Advisory Board.
(a) General Rule. The Supreme Court shall appoint a board to be known as the ‘‘Pennsylvania Judicial Ethics Advisory Board’’ (the Board), which shall consist of thirteen members: one judge of the Superior Court; one judge of the Commonwealth Court; four judges of the courts of common pleas; one judge of the Philadelphia Municipal Court; four magisterial district judges who must be members of the Pennsylvania bar; one member of the Pennsylvania bar who is not a judicial officer; and one retired judge from any level of the judiciary. A majority of the Board shall constitute a quorum; action of the Board shall be by majority vote of members attending. No member of the Board may be a member of the Judicial Conduct Board or the Court of Judicial Discipline. The Supreme Court shall designate one member to serve as Chair and another to serve as Vice-Chair. Chair and Vice-Chair appointments shall be for two-year periods unless otherwise stated; eligible appointees for Chair and Vice-Chair positions shall have served as Board members for at least one year.
(b) Submissions from Representative Courts and Judicial Organizations. The President Judges of the Superior and Commonwealth Courts shall submit to the Chief Justice the names of three candidates for each Board position to be filled by a judge of their respective courts. The PCSTJ shall submit to the Chief Justice the names of three candidates for each Board position to be filled by a judge of a common pleas court or a judge of the Philadelphia Municipal Court. The SCJAP shall submit to the Chief Justice the names of three candidates for each Board position to be filled by a magisterial district judge. The Supreme Court shall select appointees for those positions from the names submitted. In the absence of submissions, the Supreme Court shall proceed to fill the Board positions.
(c) Terms and Vacancies. The first nine appointments to the Board shall be for staggered terms as follows: three members appointed for six years, three members for four years, and three members for two years. The four members appointed to expand the Board to thirteen members will be appointed to staggered terms as follows: one member for six years, two members for four years, and one member for two years. Thereafter, a new appointment to the Board shall be for a single six-year term. A vacancy shall be filled from the same membership category using the same process from which the vacating member was appointed. Appointments to fill a vacancy shall be for the balance of the term vacated.
Members who were appointed for an initial term of less than six years, or who were appointed to fill a vacancy, shall be eligible for reappointment. However, no member shall be reappointed more than once or serve as a member for more than 10 years.
(d) Powers and Duties. The Board shall have the authority to:
(1) Render advisory opinions regarding proper judicial conduct under the Codes. The Board may not issue an advisory opinion interpreting a judicial officer’s obligations under any provision of law that does not relate to judicial ethics.
(2) Appoint an Executive Director and such other staff and experts as may from time to time be required to perform properly the functions prescribed by orders of the Supreme Court and these rules.
(3) Adopt regulations pertaining to its processes, which regulations shall not be inconsistent with these rules and shall be subject to approval by the Supreme Court.
(4) Develop a course of training in judicial ethics, which course shall be subject to approval by the Judicial Education Board, and which must be completed by every Board member prior to beginning service on the Board.
(5) Make recommendations to the Supreme Court regarding amendments to the Codes and these rules.
(6) Make recommendations to the Continuing Judicial Education Board and the Minor Judiciary Education Board regarding topics for judicial education.
(7) Undertake such other related duties as may be requested of the Board by the Supreme Court.
(e) Duty to Report. The Board will provide a summary of its activities to the Supreme Court on an annual basis.
Source The provisions of this Rule 104 amended March 31, 2022, effective immediately, 52 Pa.B. 2208; amended March 31, 2023, effective immediately, 53 Pa.B. 2039; amended February 28, 2024, effective immediately, 54 Pa.B. 1296. Immediately preceding text appears at serial pages (414082) to (414083).
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