§ 69.412. Reporting of Opinions; Determination as to Reporting.
(a) Each Judge who is the author of an opinion of a panel or the Court en banc shall indicate, in circulating the opinion to the other members of the Court, the authoring Judge’s recommendation as to whether the opinion shall be reported. A decision generally should be reported when it:
(1) establishes a new rule of law;
(2) applies an existing rule of law to facts significantly different than those stated in prior decisions;
(3) modifies or criticizes an existing rule of law;
(4) resolves an apparent conflict of authority;
(5) involves a legal issue of continuing public interest; or
(6) constitutes a significant, non-duplicative contribution to law because it contains:
(i) an historical review of the law,
(ii) a review of legislative history, or
(iii) a review of conflicting decisions among the courts of other jurisdictions.
The recommendation shall govern the determination as to reporting, unless a majority of the Commissioned Judges disagrees with it.
(b) Except as provided in subsection (c) (relating to single Judge opinions in election law matters), opinions of a single Judge shall be filed but not reported unless, because of the unique character of the case, the Chief Legal Counsel or the authoring Judge shall recommend that the opinion be reported. The recommendation shall be transmitted to the Court, together with a copy of the opinion and order, requesting the Judges to indicate any disagreement as to the writer’s recommendation concerning reporting. If two-thirds of the Commissioned Judges vote to agree with the recommendation concerning reporting, the opinion and order shall be reported.
(c) Opinions of a single Judge or a special Court en banc or panel in election law matters, original and appellate jurisdiction, shall be filed but not reported. Thereafter, the Chief Legal Counsel or authoring Judge may recommend that the opinion be reported. The recommendation shall be transmitted to the Court, together with a copy of the opinion and order, requesting the Judges to indicate (1) their agreement or disagreement with the opinion and order, and (2) any disagreement as to the writer’s recommendation concerning reporting. If two-thirds of the Commissioned Judges vote to agree with the opinion and order and the recommendation concerning reporting, the opinion and order shall be reported.
Source The provisions of this § 69.412 amended November 21, 2013, effective immediately, 43 Pa.B. 7074; amended January 17, 2020, effective immediately, 50 Pa.B. 657; amended March 1, 2023, effective immediately, 53 Pa.B. 1397. Immediately preceding text appears at serial pages (400553) to (400554).
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