Rule 3.11. Financial Activities.
(A) A magisterial district judge may hold and manage investments of the magisterial district judge and members of the magisterial district judge’s family.
(B) Except as provided in Rule 3.10, a magisterial district judge may serve as an officer, director, manager, general partner, advisor, or employee of any business entity.
(C) A magisterial district judge shall not engage in financial activities permitted under paragraphs (A) and (B) if they will:
(1) interfere with the proper performance of judicial duties;
(2) lead to frequent disqualification of the magisterial district judge;
(3) involve the magisterial district judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the magisterial district judge; or
(4) result in violation of other provisions of these Conduct Rules.
Comment: (1) Magisterial district judges are generally permitted to engage in financial activities, including managing real estate and other investments for themselves or for members of their families. Participation in these activities, like participation in other extrajudicial activities, is subject to the requirements of these Conduct Rules. For example, it would be improper for a magisterial district judge to spend so much time on business activities that it interferes with the performance of judicial duties. See Rule 2.1. Similarly, it would be improper for a magisterial district judge to use his or her official title or appear in judicial robes in business advertising, or to conduct his or her business or financial affairs in such a way that disqualification is frequently required. See Rules 1.3 and 2.11.
(2) As soon as practicable without serious financial detriment, the magisterial district judge must divest himself or herself of investments and other financial interests that might require frequent disqualification or otherwise violate this Rule. Alternatively, a magisterial district judge may place such investments or other financial interests in a blind trust or similarly protective financial vehicle. So long as continuation will not interfere with the proper performance of judicial duties, a magisterial district judge serving as an officer or director otherwise precluded by this Rule may complete the term of service if such may be accomplished in twelve months or less.
(3) Pursuant to the authority granted by Article V, Section 10 of the Pennsylvania Constitution, the Supreme Court adopted the Rules Governing Standards of Conduct of Magisterial District Judges as the exclusive means of regulating the conduct of magisterial district judges under the supervision of the Supreme Court. Disqualification from proceedings is the most appropriate means of ensuring judicial integrity and impartiality in proceedings, including, but not limited to, those arising from the Pennsylvania Race Horse Development and Gaming Act (4 Pa.C.S. § 1101 et seq.) and the Medical Marijuana Act (35 P.S. § 10231.101 et seq.).
Additionally, the Supreme Court on June 1, 2006, issued Order No. 231, Magisterial Docket No. 1, which provides that no magisterial district judge shall have a financial interest, as defined by Section 1512(b) of the Pennsylvania Race Horse Development and Gaming Act (4 Pa.C.S. § 1512(b)), in or be employed, directly or indirectly, by any licensed racing entity or licensed gaming entity, or by any holding, affiliate, intermediary or subsidiary company thereof or any such applicant, or engage in the active ownership or participate in the management of any such entities and related companies.
Also, on February 11, 2020, the Supreme Court issued an Order, at No. 530 Judicial Administration Docket, providing that no magisterial district judge shall have a financial interest, as defined by Section 2101.1(e) of the Medical Marijuana Act (35 P.S. § 10231.2101.1(e)), in or be employed, directly or indirectly, by a medical marijuana organization, or by any holding company, affiliate, intermediary or subsidiary thereof.
Rule 2.11 of these Conduct Rules continues to govern the disqualification of magisterial district judges where the interest in or relationship with a licensed racing or licensed gaming entity or related company thereto, or any such applicant therefor, of the magisterial district judge or a family member is at issue. Similarly, Rule 2.11 continues to govern the disqualification of magisterial district judges where the interest in or relationship to a medical marijuana organization, or any holding company, affiliate, intermediary or subsidiary thereof, of the magisterial district judge or a family member is at issue.
Source The provisions of this Rule 3.11 amended December 14, 2016, effective April 1, 2017, 46 Pa.B. 8171; amended February 11, 2020, effective September 1, 2020, 50 Pa.B. 1239. Immediately preceding text appears at serial pages (385464) to (385465).
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