Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



CHAPTER 107. LIMITATIONS ON BOARD ACTION; EXCEPTIONS

Rule


15.    Time Limitations.
16.    Use of Allegations from Dismissed Complaints.

Source

   The provisions of this Chapter 107 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404, unless otherwise noted.

Rule 15. Time Limitations.

 Except where the Board determines otherwise for good cause, the Board shall not consider complaints arising from acts or omissions occurring more than four years prior to the date of the complaint, provided, however, that when the last episode of an alleged pattern of recurring judicial misconduct arises within the four-year period, the Board may consider all prior acts or omissions related to such an alleged pattern of conduct.

Rule 16. Use of Allegations from Dismissed Complaints.

 (A)  If the Board dismisses a complaint pursuant to Rule 31(A)(1) or (2), the allegations in the complaint shall not be used against the Judicial Officer for any purpose in any other judicial disciplinary or lawyer disciplinary proceeding.

 (B)  If, within two years of a Board dismissal, additional complaints are filed alleging similar conduct, the Board may direct that the original allegations be reinvestigated.

 (C)  At any time after a Board dismissal, if it becomes known that the Judicial Officer knowingly made a material misrepresentation of fact, or knowingly concealed evidence or otherwise obstructed a Board investigation, the Board may direct that the allegations in the complaint be reinvestigated.



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