Subchapter A. PRELIMINARY PROVISIONS
Rule
101. Title and Citation of Rules.
102. Definitions.
103. Authority for and Effect of Rules; Designation of Board.
104. Pennsylvania Judicial Ethics Advisory Board.
105. Confidentiality.
106. Civil Immunity of the Board, Its Members, Employees and Agents Regarding Advice by the Board.Rule 101. Title and Citation of Rules.
These rules shall be known as the Pennsylvania Rules of the Judicial Ethics Advisory Board and may be cited as ‘‘Pa.R.J.E.A.B’’
Rule 102. Definitions.
(a) General Rule. Subject to additional definitions contained in subsequent provisions of these rules which are applicable to specific provisions of these rules, the following words and phrases when used in these rules shall have, unless the context clearly indicates otherwise, the meanings given to them in this rule:
‘‘Administrative Office.’’ The Administrative Office of Pennsylvania Courts.
‘‘Board.’’ The Pennsylvania Judicial Ethics Advisory Board.
‘‘Codes.’’ The Code of Judicial Conduct and the Rules Governing Standards of Conduct of Magisterial District Judges.
‘‘Judicial Officer.’’ Any individual within the ‘‘Application’’ language of either of the Codes, including judicial candidates.
(b) Number; Tense. In these rules the singular shall contain the plural, and the plural, the singular; and words used in the past or present tense shall include the future.
Rule 103. Authority for and Effect of Rules; Designation of Board.
(a) Authority for and Effect of Rules. Pursuant to its constitutional, statutory and inherent authority as set forth in Section 10(c) of Article V of the Constitution of Pennsylvania and in 42 Pa.C.S. Sections 1722 and 1723, the Supreme Court hereby establishes a Judicial Ethics Advisory Board (‘‘the Board’’). The purpose of the Board is to provide advice and guidance to judicial officers about ethical matters that may arise in the ordinary course of judicial service, or in the elective or appointive process.
(b) Designation of Board. The Board is hereby designated as the approved body to render advisory opinions regarding ethical concerns involving all judicial officers and candidates for all judicial offices, superseding the prior designations of committees of the Pennsylvania Conference of State Trial Judges (‘‘PCSTJ’’) and the Special Court Judges Association of Pennsylvania (‘‘SCJAP’’). Advice provided under this subchapter shall not be binding upon the Judicial Conduct Board, the Court of Judicial Conduct, or the Supreme Court, but shall be entitled to such weight as provided in these rules.
Source The provisions of this Rule 103 amended January 14, 2022, effective July 1, 2022, 52 Pa.B. 680; by adding subsection (b).
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.
(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.
(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. Immediately preceding text appears at serial pages (410558) and (409773).
Rule 105. Confidentiality.
(a) General Rule. Except for publication of redacted opinions as prescribed in these rules, or as otherwise required by law, the actions and records of the Board, including all requests for ethics advisory opinions, Panel advice, Board opinions, circulated drafts, records, documents, files, internal communications, deliberations and other proceedings of the Board, any Panel thereof, and any members, agents and employees relating to the business of the Board, shall be confidential and shall not be disclosed to or open to inspection by the public.
(b) Limited Waiver. Notwithstanding the general rule, a judicial officer may waive confidentiality as to the advice of the Panel and the unredacted opinion of the Board, either by express written waiver or by invoking any rule of reliance in a disciplinary proceeding relating to the conduct in question. Such limited waiver shall not affect the confidentiality of all other matters protected under subsection (a) of this rule.
Rule 106. Civil Immunity of the Board, Its Members, Employees and Agents Regarding Advice by the Board.
The Board and its members, employees, and agents are immune from all civil liability for conduct and communications occurring in the performance of Board-related duties.
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