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PA Bulletin, Doc. No. 00-1901

THE COURTS

Title 207--JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

[207 PA. CODE CHS. 1 AND 3]

Amendment to the Rules of Procedure of the Court of Judicial Discipline; Doc. No. 1 JD 94

[30 Pa.B. 5732]

Per Curiam

Order

   And Now, this 24th day of October, 2000, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having adopted a proposed amendment to Rules of Procedure 102, 110, 301 and 302, as more specifically hereinafter set forth, It Is Hereby Ordered That:

   Court Administrator Wanda W. Sweigart provide for the publication of the Amendment in the Pennsylvania Bulletin, and

   Interested parties shall submit suggestions, comments, or objections no later than thirty days from the publication of this Order in that Bulletin.

Annex A

TITLE 207.  JUDICIAL CONDUCT

PART IV.  COURT OF JUDICIAL DISCIPLINE

ARTICLE I.  PRELIMINARY PROVISIONS

CHAPTER 1.  GENERAL PROVISIONS

IN GENERAL

Rule 102.  Definitions.

*      *      *      *      *

   Petition for Relief is a document filed pursuant to these Rules to initiate proceedings other than formal charges in the Court.

   Preliminary Conference Judge is a member of the Court appointed by the President Judge when deemed appropriate to convene and preside at a preliminary conference.

*      *      *      *      *

Rule 110.  Entry of Appearance.

*      *      *      *      *

   (B)  The entry of appearance shall include counsel's name, address, phone number, and Pennsylvania Supreme Court Identification Number. Admission Pro Hoc Vice shall be in accordance with the Pennsylvania Bar Admission Rules.

   Official Note:  Counsel should file an entry of appearance within 15 days of service of the Board Complaint or a Preliminary Conference Judge will be appointed in accordance with Rule 301(B).

ARTICLE II.  PROCEEDINGS BASED ON THE FILING OF FORMAL CHARGES

CHAPTER 3.  INITIATION OF FORMAL CHARGES

Rule 301.  Initiating Formal Charges; Preliminary Conference Judge; Conference Judge; Scheduling.

   (A)  Board Complaint. Proceedings in the Court shall be commenced by the filing of a Board Complaint with the Clerk and concurrent service of the Board Complaint on the Judicial Officer.

   (B)  Appointment of Preliminary Conference Judge.  If the Clerk does not receive an entry of appearance for the Judicial Officer within 15 days of service of the Complaint as specified in Rule 302(B), the Clerk shall so notify the President Judge. Within five (5) days of receipt of such notification the President Judge shall appoint a member of the Court to serve as Preliminary Conference Judge.

   (C)  Duties of Preliminary Conference Judge.  As soon as practicable after appointment, the Preliminary Conference Judge shall schedule and conduct a preliminary conference at which the Judicial Officer shall be advised of his right to be represented by counsel.

   [(B)] (D)  *  *  *

   [(C)] (E)  *  *  *

   [(D)] (F)  *  *  *

Rule 302.  Contents of Board Complaint.

   (A)  For each charge against the Judicial Officer, the Board Complaint shall:

   (1)  state in plain and specific language the nature of the charge;

   (2)  specify the allegations of fact upon which the charge is based.

   (B)  The Board Complaint shall contain a notice to the Judicial Officer advising the Judicial Officer to engage an attorney to represent him before the Court in connection with the charges set out in the Board Complaint and directing that the attorney shall file an entry of appearance within 15 days of the service of the Board Complaint. The notice shall be substantially in the following form:

You have an absolute right to be represented by a lawyer in all proceedings before the Court of Judicial Discipline. Your attorney should file an entry of appearance with the Court of Judicial Discipline within 15 days of the service of this Complaint in accordance with C.J.D.R.P. No. 302(B).

   (C)  If an entry of appearance is not filed within the time specified in paragraph (B), the Clerk shall immediately notify the President Judge.

   (D)  Within five (5) days of notification by the Clerk as in paragraph (C), the President Judge shall appoint a member of the Court to serve as Preliminary Conference Judge. The Preliminary Conference Judge shall then proceed in accordance with C.J.D.R.P. No. 301(C).

   [(B)] (E)  *  *  *

   [(C)] (F)  *  *  *

[Pa.B. Doc. No. 00-1901. Filed for public inspection November 3, 2000, 9:00 a.m.]


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