207 Pa. Code | Title 207 Pa. Code — Judicial Conduct

Partial collection: 73 of 86 listed publisher documents are included. 13 missing or unavailable documents and their reasons are recorded in the collection metadata.

Part I PRELIMINARY PROVISIONS

Chapter 1 GENERAL PROVISIONS

207 Pa. Code § 1.1 Filing Office.

(a) All business of the Court of Judicial Discipline, except as otherwise provided by law, by rule, or by order of court shall be administered through its administrative office located at 200 North Third Street, 12th Floor, Harrisburg, Pennsylvania, with a mailing address of 200 North Third Street, P. O. Box 1106, Harrisburg, Pennsylvania, 17108-1106.

(b) All matters within the jurisdiction of the Court of Judicial Discipline may be filed with the Office of the Clerk of Court located at the address set forth in subsection (a). Writs or other process issuing out of the Court of Judicial Discipline shall exit only from the principal Office of the Clerk of the Court of Judicial Discipline and shall be returnable there until further Order of this Court.

(c) The Court’s docket, seal and records of all pending cases shall be transferred to the administrative office of the Court of Judicial Discipline.

The provisions of this § 1.1 adopted February 10, 1994, effective February 10, 1994, 24 Pa.B. 1085; amended May 25, 1994, effective June 1, 1994, 24 Pa.B. 3358. Immediately preceding text appears at serial page (188719).

History

Source: The provisions of this § 1.1 adopted February 10, 1994, effective February 10, 1994, 24 Pa.B. 1085; amended May 25, 1994, effective June 1, 1994, 24 Pa.B. 3358. Immediately preceding text appears at serial page (188719).

Part II CONDUCT STANDARDS

Chapter 39 GUIDELINES FOR ETHICAL CONDUCT IN JUDICIAL CAMPAIGNS

207 Pa. Code § 39.1 Basic guidelines.

A basic guideline for judicial campaign conduct is honesty. No candidate should knowingly state an untruth, or, through carelessness or innuendo, misrepresent a fact. The candidate must be personally responsible for the truth and propriety of campaign literature and he should first approve all campaign advertisements, handbills, posters, releases to news media, scripts for television and radio broadcasts and any other forms of literature issued by others on his behalf.

History

Source: The provisions of this Chapter 39 adopted September 2, 1977, 7 Pa.B. 2487, unless otherwise noted.

207 Pa. Code § 39.2 Qualifications.

(a) The election of a candidate to judicial office should be based on individual competency and qualifications. Therefore, except for those seeking reelection on retention basis, it would be inappropriate to allow two candidates for judicial office to run joint campaigns. To do so would convey to the electorate the impression that, if voting for one, the voter should also vote for the other, or that the two candidates, if elected, will also share a unity of judicial thought and action. This is not to suggest that the candidate’s party organization may not advertise the entire slate of candidates, including judges, but that the candidate’s own campaign committee may not join forces with another judicial candidate’s committee in the election campaign.

(b) The faithful and proper performance of his duties if elected being material, a candidate may discuss his qualifications and the qualifications of his opponent. He may pledge the faithful and proper performance of his duties, but should make no other promises of conduct in office. He should not state his views on disputed legal or political issues. He may discuss and criticize, in a dignified manner, the capabilities and experience of his opponent and his conduct in carrying out judicial duties. A judge must approach each case before him with an open mind and decide it on the basis of the evidence, the law and precedent. Thus, a candidate should not indicate what his decision would be should a particular case or type of case come before him, or what sentence he would pass on a defendant charged with a particular crime.

History

Source: The provisions of this Chapter 39 adopted September 2, 1977, 7 Pa.B. 2487, unless otherwise noted.

207 Pa. Code § 39.3 Campaign methods.

The campaign should be conducted with the dignity and integrity required of the office. There should be no references to ethnic groups, religions, sex, political or other issues, which tend to stir up the emotions or impugn the candidate’s capabilities for functioning impartially and without bias. There should be no dramatized presentations, either verbal or pictorial, using props such as jail doors, guns, or any other indicia of sensationalism. A candidate, who is an incumbent judge, may use his picture in campaign material in judicial robes and may be pictured sitting on the Bench. However, such a picture may be used only in campaign material limited to statements of his candidacy and his qualifications for office.

History

Source: The provisions of this Chapter 39 adopted September 2, 1977, 7 Pa.B. 2487, unless otherwise noted.

207 Pa. Code § 39.4 Public appearances and endorsements.

A candidate may appear and speak in support of his candidacy before civic, religious, ethnic, social and political groups, alone or in the company of other candidates for elective office. However, he may not endorse or speak on behalf of any other candidate for elective office, unless such candidate is a candidate for a post in the same court.

History

Source: The provisions of this Chapter 39 adopted September 2, 1977, 7 Pa.B. 2487, unless otherwise noted.

207 Pa. Code § 39.5 Financial aspects.

(a) The financial aspects of a judicial campaign, other than those defined under Statute, are to be found in Canon 7B(2). Briefly, it proscribes solicitation and acceptance of funds personally by the candidate. All funds should be solicited and handled by committees appointed for the purpose. Solicitation may begin no earlier than thirty days before:

(1) the first day for filing nominating petitions; or

(2) the last day for filing a declaration of intention to seek re-election on a retention basis.

(b) Practically, funding is necessary for campaigns, and the foregoing requirement tends to insulate the judge from suspicion of partiality were he to directly request and receive funds from lawyers, persons likely to be involved as plaintiffs and defendants in court proceedings, and political organizations.

History

Source: The provisions of this Chapter 39 adopted September 2, 1977, 7 Pa.B. 2487, unless otherwise noted.

207 Pa. Code § 39.6 Actions by others.

The judicial candidate may not do through others, including his family and relatives, what he may not do himself.

History

Source: The provisions of this Chapter 39 adopted September 2, 1977, 7 Pa.B. 2487, unless otherwise noted.

207 Pa. Code § 39.7 Compliance with election laws.

The candidate must obey all election laws and must require those working for him to do the same.

History

Source: The provisions of this Chapter 39 adopted September 2, 1977, 7 Pa.B. 2487, unless otherwise noted.

207 Pa. Code § 39.8 Partisan political activity.

(a) Judges who are not candidates for retention or election are also subject to restrictions of political conduct. Canon 7 states that ‘‘A Judge Should Refrain from Political Activity Inappropriate to His Judicial Office.’’ A judge should not engage in partisan political activity because it creates the appearance of partiality and is inappropriate to judicial office. He may not hold office in a political organization, make speeches for a political party or candidate unless the candidate is seeking the same office, or publicly endorse a candidate for office.

(b) He may not solicit funds, make contributions or pay assessments to a political organization or candidate. He may not attend political gatherings or purchase tickets for party functions.

History

Source: The provisions of this Chapter 39 adopted September 2, 1977, 7 Pa.B. 2487, unless otherwise noted.

207 Pa. Code § 39.9 Candidates for retention.

Candidates for retention are subject to Canon 7B(3), which is quoted as follows:

(3) An incumbent judge who is a candidate retention in or reelection to office without a competing candidate may campaign and may obtain publicly stated support and campaign funds in the manner provided in subsection B(2).

History

Source: The provisions of this Chapter 39 adopted September 2, 1977, 7 Pa.B. 2487, unless otherwise noted.

Chapter 51 STANDARDS OF CONDUCT OF MAGISTERIAL DISTRICT JUDGES … Rule 1

207 Pa. Code Canon 1 A magisterial district judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

Rule

History

Source: The provisions of this Rule 23 adopted February 18, 2010, effective March 20, 2010, 40 Pa.B. 1146; reserved September 18, 2014, effective December 1, 2014, 44 Pa.B. 6205. Immediately preceding text appears at serial pages (348315) to (348316). (Editor’s Note: Rule 23, as adopted by the Supreme Court, was incorrectly codified in the Pennsylvania Code as 246 Pa. Code Rule 114.)

207 Pa. Code Canon 2 A magisterial district judge shall perform the duties of judicial office impartially, competently, and diligently.

Rule

History

Source: The provisions of this Rule 23 adopted February 18, 2010, effective March 20, 2010, 40 Pa.B. 1146; reserved September 18, 2014, effective December 1, 2014, 44 Pa.B. 6205. Immediately preceding text appears at serial pages (348315) to (348316). (Editor’s Note: Rule 23, as adopted by the Supreme Court, was incorrectly codified in the Pennsylvania Code as 246 Pa. Code Rule 114.)

207 Pa. Code Canon 3 A magisterial district judge shall conduct the magisterial district judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.

Rule

History

Source: The provisions of this Rule 23 adopted February 18, 2010, effective March 20, 2010, 40 Pa.B. 1146; reserved September 18, 2014, effective December 1, 2014, 44 Pa.B. 6205. Immediately preceding text appears at serial pages (348315) to (348316). (Editor’s Note: Rule 23, as adopted by the Supreme Court, was incorrectly codified in the Pennsylvania Code as 246 Pa. Code Rule 114.)

207 Pa. Code Canon 4 A magisterial district judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.

Rule

History

Source: The provisions of this Rule 23 adopted February 18, 2010, effective March 20, 2010, 40 Pa.B. 1146; reserved September 18, 2014, effective December 1, 2014, 44 Pa.B. 6205. Immediately preceding text appears at serial pages (348315) to (348316). (Editor’s Note: Rule 23, as adopted by the Supreme Court, was incorrectly codified in the Pennsylvania Code as 246 Pa. Code Rule 114.)

Chapter 61 RULES GOVERNING THE CONDUCT OF MEMBERS OF THE COURT OF JUDICIAL DISCIPLINE … Rule 1

207 Pa. Code Rule 1 Definitions.

Code of Judicial Conduct—The Code adopted by the Supreme Court of Pennsylvania to govern the conduct of officers of the judicial system.

Court—The Court of Judicial Discipline.

Magisterial District Judge member—that member of the court appointed by the Supreme Court, who is a magisterial district judge.

Judicial member—a member of the court who is also a judge of a court of common pleas, the Superior Court or the Commonwealth Court.

Non-judicial member—a member of the court who is a non-judge member of the bar of the Supreme Court or a non-lawyer elector.

Rules Governing Standards of Conduct of Magisterial District Judges—The Rules adopted by the Supreme Court of Pennsylvania to govern the conduct of Magisterial District Judges.

Rules of Professional Conduct—The Rules adopted by the Supreme Court of Pennsylvania to govern the conduct of attorneys.

History

Source: The provisions of this Rule 7 amended March 18, 2008, effective immediately, 38 Pa.B. 1445. Immediately preceding text appears at serial page (309846).

207 Pa. Code Rule 2 Scope of Rules.

Judicial members of the Court are subject primarily to the Canons of the Code of Judicial Conduct and are subject to these Rules only to the extent that no conflict arises with the Code of Judicial Conduct. The Magisterial District Judge member of the Court is subject primarily to the Rules Governing Standards of Conduct of Magisterial District Judges and is subject to these Rules only to the extent that no conflict arises with the Rules Governing Standards of Conduct of Magisterial District Judges. Non-judicial members of the Court are subject to these Rules.

History

Source: The provisions of this Rule 7 amended March 18, 2008, effective immediately, 38 Pa.B. 1445. Immediately preceding text appears at serial page (309846).

207 Pa. Code Rule 3 Integrity and Independence of the Judiciary; Construction.

An independent and honorable judiciary is indispensable to justice in our society. As the Court of Judicial Discipline is charged with maintaining the integrity and independence of the judiciary, a member should participate in establishing, maintaining, and enforcing, and should personally observe high standards of conduct. The provisions of these Rules should be construed and applied to further that objective.

History

Source: The provisions of this Rule 7 amended March 18, 2008, effective immediately, 38 Pa.B. 1445. Immediately preceding text appears at serial page (309846).

207 Pa. Code Rule 4 Avoidance of Impropriety and the Appearance of Impropriety.

A. A member should respect and comply with the law and should conduct the member’s personal and professional business at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

B. A member should not allow the member’s family, social, or other relationships to influence the member’s judicial conduct or judgment. A member should not lend the prestige of the member’s office to advance the private interests of others; nor convey or knowingly permit others to convey the impression that they are in a special position to influence the member. A member should not testify voluntarily as a character witness.

History

Source: The provisions of this Rule 7 amended March 18, 2008, effective immediately, 38 Pa.B. 1445. Immediately preceding text appears at serial page (309846).

207 Pa. Code Rule 5 Impartial and Diligent Performance of Duties.

The judicial duties of members should take precedence over all other activities, so far as is practicable. A member’s judicial duties include all the duties of office prescribed by law. In the performance of these duties, the following standards apply:

A. Adjudicative Responsibilities.

(1) A member should be faithful to the law and should be unswayed by partisan interests, public clamor, or fear of criticism.

(2) A member should maintain order and decorum in proceedings before the member.

(3) A member should be patient, dignified, and courteous to litigants, witnesses, lawyers, and others with whom the member deals in his or her official capacity, and should require similar conduct of lawyers, court staff and officials, and others subject to the member’s direction and control.

(4) A member should accord to every person who is legally interested in a proceeding, or to the person’s lawyer, full right to be heard according to law, and, except as authorized by law, must not consider ex parte communications concerning a pending proceeding. Members of the Court and Court staff shall not initiate nor, to the extent possible, engage in ex parte communications concerning a case pending before the Court.

(5) A member should dispose promptly of the business of the Court.

(6) Members and Court staff should abstain from public comment about a pending proceeding in the Court or a matter which may come before the Court. This subsection does not prohibit members or Court staff specifically authorized by the Court from making public statements in the course of their official duties or from explaining for public information the procedures of the Court.

B. Administrative Responsibilities. A member should diligently discharge his or her administrative responsibilities and facilitate the performance of the administrative responsibilities of other members and Court staff. Court staff should perform their duties with diligence and fidelity.

C. Disqualification.

(1) A member shall not participate in the adjudication of any matter in which the member is a complainant, the subject of a Board complaint, a party or a witness.

(2) A member should not participate in a proceeding in which the member’s impartiality might reasonably be questioned, including but not limited to instances where:

(a) the member has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

(b) the member served as a lawyer in the matter in controversy, or a lawyer with whom the member practices or previously practiced law served during such association as a lawyer concerning the matter, or the member or such lawyer has been a material witness concerning it; or

(c) the member or the member’s spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:

(i) is a party to the proceeding, or an employee of a party;

(ii) is acting as a lawyer in the proceeding;

(iii) is known by the member to have a substantial financial interest in the outcome of the proceeding or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; or

(iv) is to the member’s knowledge likely to be a material witness in the proceeding.

(3) A member should inform himself or herself about that member’s personal interests and make a reasonable effort to be informed about the personal or financial interests of the member’s spouse and persons within the third degree of relationship to either of them or their spouses.

(4) For the purposes of this section, the degree of relationship is calculated according to the civil law system.

History

Source: The provisions of this Rule 7 amended March 18, 2008, effective immediately, 38 Pa.B. 1445. Immediately preceding text appears at serial page (309846).

207 Pa. Code Rule 6 Extra-Judicial Activities of Members.

A. Judicial members shall be governed by Canons 4, 5 and 6 of the Code of Judicial Conduct and not by this Rule.

B. The magisterial district judge member shall be governed by Rules 11, 13 and 14 of the Rules Governing Standards of Conduct of Magisterial District Judges and not by this Rule.

C. Non-judicial members may engage in extra-judicial vocational, civic, charitable and financial activities subject to the following restrictions:

(1) Non-judicial members should refrain from engaging in non-judicial activities which interfere with the performance of judicial duties.

(2) Non-judicial members should not use or permit the use of the prestige of the judicial office to solicit funds for educational, religious, charitable, fraternal, or civic organizations.

(3) Non-judicial members may not, during the member’s term of service, hold a compensated public office or appointment under this Commonwealth.

History

Source: The provisions of this Rule 7 amended March 18, 2008, effective immediately, 38 Pa.B. 1445. Immediately preceding text appears at serial page (309846).

207 Pa. Code Rule 7 Political Activity.

A. Judicial members shall be governed by Canon 7 of the Code of Judicial Conduct and not by this Rule.

B. The magisterial district judge member shall be governed by Rule 15 of the Rules Governing Standards of Conduct of Magisterial District Judges and not by this Rule.

C. Non-judicial members of the Court shall not hold office in any political party or political organization during the member’s term of service.

(1) Non-judicial members should not act in any capacity in any political organization of a candidate for judicial office or judicial appointment.

(2) Non-judicial members should not publicly endorse a candidate for judicial office or judicial appointment and should not solicit or contribute funds for a candidate for judicial office.

The provisions of this Rule 7 amended March 18, 2008, effective immediately, 38 Pa.B. 1445. Immediately preceding text appears at serial page (309846).

History

Source: The provisions of this Rule 7 amended March 18, 2008, effective immediately, 38 Pa.B. 1445. Immediately preceding text appears at serial page (309846).

207 Pa. Code Rule 8 Subsequent Employment of Members and Legal Staff.

Subsequent employment of Court members and staff who are members of the bar of the Supreme Court of Pennsylvania shall be governed by Rule 1.12 of the Rules of Professional Conduct.

History

Source: The provisions of this Rule 7 amended March 18, 2008, effective immediately, 38 Pa.B. 1445. Immediately preceding text appears at serial page (309846).

207 Pa. Code Rule 9 Amendments; Publication.

A. These rules may only be amended by the affirmative vote of a majority of the Court, after notice of the proposed amendment to the members of the Court.

B. Upon adoption, these rules and any amendments shall be available for public inspection and shall be forwarded to:

(1) The Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and

(2) West Publishing Company for publication in the Pennsylvania Reporter.

History

Source: The provisions of this Rule 7 amended March 18, 2008, effective immediately, 38 Pa.B. 1445. Immediately preceding text appears at serial page (309846).

Part III JUDICIAL CONDUCT BOARD

Chapter 101 GENERAL PROVISIONS

207 Pa. Code Rule 1 Definitions.

(a) Definitions

When used in these rules, unless the context otherwise requires:

Board means the Judicial Conduct Board.

Board Complaint is the document setting forth the formal charges and filed by the Board to initiate proceedings in the Court of Judicial Discipline.

Board Counsel means any lawyer hired by the Board as staff counsel, including Chief Counsel, or any lawyer appointed as special counsel, to perform those duties as directed by the Board.

Chief Counsel is the lawyer in charge of the screening and investigation of complaints, the prosecution of formal charges, and the performance of other duties as directed by the Board.

Chair means the Chair of the Board or a member authorized to act on the Chair’s behalf.

Complaint means a document setting forth information alleging conduct within the jurisdiction of the Judicial Conduct Board pursuant to PA. CONST. Art. V, § 18.

Court means the Court of Judicial Discipline.

Dismissal is a Board determination which terminates a case against a Judicial Officer.

Judicial Officer includes magisterial district judges, judges of the Philadelphia Municipal and Traffic Courts, judges of the Pittsburgh Magistrates Court, judges of the Common Pleas, Commonwealth, and Superior Courts, and Justices of the Supreme Court.

Probable Cause to File Formal Charges means probable cause to believe that conduct by a Judicial Officer has occurred for which a Judicial Officer should be suspended, removed from office, or otherwise disciplined pursuant to PA. CONST. Art. V, § 18(d)(1).

Rules of Professional Conduct means rules of professional responsibility for attorneys.

Staff includes employees of the Board and persons retained or appointed by the Board, or individual Board members’ employees when engaged in the business of the Board.

Verification is a written statement of fact by the signer, supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

The provisions of this Rule 1 amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial pages (188721) to (188722).

History

Source: The provisions of this Rule 3 amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial pages (188723) to (188724).

207 Pa. Code Rule 2 Rules of Construction.

(A) As used in these rules, unless the context otherwise requires:

(1) Words in the singular number include the plural, and words in the plural include the singular.

(2) The word “person” shall include corporations, societies, associations, partnerships, and organizations.

(3) “Shall” is mandatory and “may” is permissive.

(4) “Knowingly” includes reckless disregard for the truth or falsity of a statement.

(B) These rules shall be construed to secure just and reliable determinations of probable cause in all matters considered by the Board.

The provisions of this Rule 2 amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404; amended April 22, 1996, effective immediately, 26 Pa.B. 2782. Immediately preceding text appears at serial page (196328).

History

Source: The provisions of this Rule 3 amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial pages (188723) to (188724).

207 Pa. Code Rule 3 Scope.

(A) These rules shall govern the conduct of all Judicial Conduct Board proceedings.

(B) The Board shall receive and investigate complaints concerning judicial conduct filed by individuals or initiated by the Board, including allegations that a Judicial Officer has violated the Rules of Professional Conduct.

(C) When the Board receives a complaint against a magisterial district judge admitted to the practice of law, the Board shall refer the complaint to the Disciplinary Board of the Supreme Court of Pennsylvania if the Board determines that:

(1) the conduct occurred only in the context of the magisterial district judge’s practice of law;

(2) the allegations do not involve any conduct for which the magisterial district judge would otherwise be subject to discipline as a Judicial Officer pursuant to PA. CONST. Art. V, § 18(d)(1); and

(3) the conduct of the magisterial district judge is not likely to result in disbarment or suspension of the right to practice law.

The provisions of this Rule 3 amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial pages (188723) to (188724).

History

Source: The provisions of this Rule 3 amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial pages (188723) to (188724).

Chapter 103 BUSINESS OF THE BOARD

207 Pa. Code Rule 4 Meetings; Officers.

(A) The Board shall meet periodically as determined by the Board. Meetings other than periodic meetings may be called by the Chair on the Chair’s own motion, and shall be called by the Chair upon the written request of five members of the Board.

(B) At the first meeting of each calendar year, the Board shall elect a member to serve as Chair, a member to serve as Vice-Chair, and a member to serve as Secretary. The Vice-Chair shall perform the duties of the Chair whenever the Chair is absent or unable to act.

(C) The Chair may appoint a Board member, who shall be a judge or lawyer, to rule on all evidentiary issues and objections.

The provisions of this Rule 4 adopted November 4, 1993, effective November 4, 1993, 23 Pa.B. 5786; amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial page (188724).

History

Source: The provisions of this Rule 12 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404.

207 Pa. Code Rule 5 Board Counsel.

(A) The Board shall appoint an attorney to serve as Chief Counsel, who shall not engage in the practice of law except as authorized by the Board, and who shall not serve in a judicial capacity.

(B) Chief Counsel shall investigate and present to the Board any matters within the Board’s jurisdiction and shall perform other duties as the Board may direct.

The provisions of this Rule 5 adopted February 28, 1994, effective immediately, 24 Pa.B. 1941; amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial pages (188724) to (188725).

History

Source: The provisions of this Rule 12 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404.

207 Pa. Code Rule 6 Seal.

(A) The Board shall have a seal.

(B) The seal shall contain the words ‘‘Judicial Conduct Board of Pennsylvania’’ on the upper circle and the word ‘‘1993’’ on the lower area circling arms similar to those appearing on the state seal.

The provisions of this Rule 6 adopted November 4, 1993, effective November 4, 1993, 23 Pa.B. 5786; amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial pages (188725) to (188726).

History

Source: The provisions of this Rule 12 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404.

207 Pa. Code Rule 7 Panels.

(A) The Chair may appoint a Panel to take testimony and to summarize that testimony in a report to the Board.

(B) A Panel shall consist of at least three members of the Board, one of whom shall be a lawyer and one of whom shall be a non-lawyer elector.

The provisions of this Rule 7 adopted November 4, 1993, effective November 4, 1993, 23 Pa.B. 5786; amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial pages (188726) to (188727).

History

Source: The provisions of this Rule 12 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404.

207 Pa. Code Rule 8 Rule-Making Procedures.

(A) Modification Procedures

(1) The rules may only be amended or rescinded, or new rules adopted, by the affirmative vote of a majority of the members of the Board.

(2) Notice of any Board action on these rules shall be given to all members of the Board at least 30 days before the meeting at which such action will be taken, unless the time period is shortened by unanimous vote of the Board.

(B) Publication of Proposed Changes

(1) Except as provided in paragraph (B)(2), any proposed change to these rules shall be forwarded to the Pennsylvania Bulletin for publication with a notice requesting comment.

(2) A proposed rule change may be promulgated without publication where exigent circumstances require the immediate adoption of the proposal or where the proposed change is of a typographical or perfunctory nature.

These rules and any subsequent changes to them shall be available for public inspection upon adoption and shall be forwarded to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

The provisions of this Rule 8 adopted November 4, 1993, effective November 4, 1993, 23 Pa.B. 5786; amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial pages (188727) to (188728).

History

Source: The provisions of this Rule 12 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404.

207 Pa. Code Rule 9 Quorum.

A quorum is a majority of the members of the Board.

The provisions of this Rule 9 adopted November 4, 1993, effective November 4, 1993, 23 Pa.B. 5786; amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial page (188728).

History

Source: The provisions of this Rule 12 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404.

207 Pa. Code Rule 10 Disqualification.

No member of the Board shall participate in a proceeding in which the member is a complainant, the subject of the complaint, a party, or a material witness.

The provisions of this Rule 10 adopted November 4, 1993, effective November 4, 1993, 23 Pa.B. 5786; amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial pages (188728) to (188729).

History

Source: The provisions of this Rule 12 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404.

207 Pa. Code Rule 11 Voting.

(A) The affirmative vote of a majority of the members of the Board eligible to vote shall be required for the dismissal of a complaint or the filing of formal charges with the Court of Judicial Discipline.

(B) Except as provided in paragraph (A), Board decisions concerning all other actions and business of the Board shall be made by the affirmative vote of a majority of the Board members present at the meeting where the vote is taken.

The provisions of this Rule 11 adopted November 4, 1993, effective November 4, 1993, 23 Pa.B. 5786; amended March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404. Immediately preceding text appears at serial page (188729).

History

Source: The provisions of this Rule 12 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404.

207 Pa. Code Rule 12 Records.

(A) The Board shall keep a record of all proceedings concerning a Judicial Officer.

(B) Chief Counsel shall be the official custodian of Board records and shall maintain them in accordance with retention policies adopted by the Board.

The provisions of this Rule 12 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404.

History

Source: The provisions of this Rule 12 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404.

Chapter 105 INTERIM SUSPENSION; SPECIAL NOTICE TO SUPREME COURT OR COURT OF JUDICIAL DISCIPLINE

207 Pa. Code Rule 13 Interim Suspension.

(A) The Board may direct Chief Counsel to file with the Court a motion for the interim suspension of a Judicial Officer, with or without pay, following the filing of a Board Complaint or when an indictment or information charging the Judicial Officer with a felony has been filed.

(B) The motion for interim suspension shall be promptly served upon the Judicial Officer and the matter shall proceed as provided in the rules of procedure governing the Court of Judicial Discipline.

History

Source: The provisions of this Rule 14 amended April 4, 2016, effective immediately, 46 Pa.B. 2167; amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial pages (380621) to (380624).

207 Pa. Code Rule 14 Special Notice to the Supreme Court, the Court of Judicial Discipline, or a President Judge.

(A) Whenever the Board becomes aware of an indictment or information charging a felony against a Judicial Officer, the Board may file appropriate notice with the Court of Judicial Discipline.

(B) Whenever the Board becomes aware of information related to a Judicial Officer which may, as provided by law, require or permit the exercise of the Supreme Court’s inherent power over the unified judicial system, the Board may file appropriate notice with the Supreme Court.

(C) Whenever the Board becomes aware of information related to a Judicial Officer which may, as provided by law, require or permit the exercise of a president judge’s supervisory or administrative power over a Judicial Officer, the Board may provide appropriate notice to the president judge.

Adopted March 20, 1995, imd. effective.

The provisions of this Rule 14 amended April 4, 2016, effective immediately, 46 Pa.B. 2167; amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial pages (380621) to (380624).

History

Source: The provisions of this Rule 14 amended April 4, 2016, effective immediately, 46 Pa.B. 2167; amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial pages (380621) to (380624).

Chapter 107 LIMITATIONS ON BOARD ACTION; EXCEPTIONS

207 Pa. Code 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.

History

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

207 Pa. Code 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.

History

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

Chapter 109 CONFIDENTIALITY; PRIVILEGE

207 Pa. Code Rule 17 Confidentiality.

Except as provided in Rule 18, all information and proceedings relating to a complaint and records of the Board’s deliberations shall be confidential.

History

Source: The provisions of this Chapter 109 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404, unless otherwise noted.

207 Pa. Code Rule 18 Disclosure.

(A) Waiver

(1) A Judicial Officer who is the subject of a complaint made pursuant to these rules may request in writing that the matter be made public, or may waive confidentiality for a particular purpose specified in writing.

(2) Upon receipt of a written request or waiver pursuant to paragraph (A)(1) or (B), the Board may make those disclosures it deems appropriate.

(B) Upon a determination by the Chair that independent of any action by the Board, the fact that an investigation by the Board is in progress has become a matter of public record, the Board may, at the written request of the Judicial Officer, issue a statement:

(1) to confirm that the investigation is in progress;

(2) to clarify the procedural aspects of the proceedings;

(3) to explain the rights of the subject of the investigation to a fair hearing without prejudgment; or

(4) to provide the Judicial Officer’s response to the complaint.

(D) Information related to violations of rules of professional conduct may be disclosed to the appropriate agency.

(E) If the Board dismisses a complaint about which information has been made public pursuant to paragraph (B), the Board may issue a statement that the matter has been dismissed.

(F) At the request of the Judicial Officer, in the discretion of the Chair, the Board may provide relevant information to:

(1) authorized governmental agencies investigating the qualifications of judicial candidates;

(2) the Court of Judicial Discipline or the Supreme Court;

(3) other jurisdictions investigating qualifications for admission to practice; or

(4) law enforcement agencies investigating qualifications for government employment.

(G) Review

If the Chair makes a determination pursuant to paragraph (B) not to disclose information, that determination shall be reviewed by the Board at the request of the Judicial Officer.

(H) Work Product

Board Counsel’s work product and the investigative files shall not be disclosed unless disclosure is required by these rules.

History

Source: The provisions of this Chapter 109 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404, unless otherwise noted.

207 Pa. Code Rule 19 Privilege and Immunity.

(A) Members of the Board, Board Counsel, and Staff shall be absolutely immune from suit for all conduct in the course of their official duties.

(B) All communications to the Board, a Panel, or Board Counsel, relating to conduct for which a Judicial Officer could be suspended, removed from office, or otherwise disciplined pursuant to PA. CONST. Art. V, § 18(d)(1), and all testimony given in a proceeding conducted pursuant to these rules, shall be absolutely privileged, and the person making the communication or giving the testimony shall be immune from suit based upon such communication or testimony, except that such immunity shall not extend to any action that violates Rule 17 (Confidentiality).

(C) For purposes of this rule, the Staff of the Board shall be deemed to include those persons examining, or participating in the treatment or counseling of, a Judicial Officer pursuant to these rules, and/or conservators and sobriety, financial, or practice monitors appointed pursuant to the Rules of Professional Conduct or the Rules of Disciplinary Enforcement.

History

Source: The provisions of this Chapter 109 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404, unless otherwise noted.

Chapter 111 COUNSEL; SERVICE

207 Pa. Code Rule 20 Entry of Appearance of Counsel.

(A) Counsel for a Judicial Officer shall file an entry of appearance with Chief Counsel.

(B) The entry of appearance shall include counsel’s name, address, phone number, and Pennsylvania Supreme Court Identification Number.

History

Source: The provisions of this Chapter 111 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404, unless otherwise noted.

207 Pa. Code Rule 21 Service.

(A) Under these rules, service of notice or any other document shall be accomplished by:

(1) personal delivery, or

(2) any process providing restricted delivery to and returned receipt from the named addressee.

(B) Whenever counsel enters an appearance pursuant to Rule 20, service shall be made on counsel, and may be made by first class mail.

(C) In appropriate circumstances, the Chair may authorize any other method of service reasonably designed to accomplish service, including service to a Judicial Officer’s last known address.

History

Source: The provisions of this Chapter 111 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404, unless otherwise noted.

Chapter 113 TESTIMONY; DEPOSITIONS; SUBPOENAS

207 Pa. Code Rule 22 Testimony.

(A) All testimony presented to the Board shall be taken under oath or affirmation administered by any member of the Board, by Chief Counsel, or by any other person authorized by law.

(B) A contemporaneous verbatim record of all testimony shall be made and preserved.

History

Source: The provisions of this Chapter 113 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404, unless otherwise noted.

207 Pa. Code Rule 23 Depositions: Preservation of Testimony.

Upon request of the Judicial Officer or Board Counsel, after notice to the opposing party, the Chair may permit the deposition of any witness who may be unavailable to testify at any proceeding. The deposed testimony shall be taken and preserved pursuant to Rule 22(A) and (B).

History

Source: The provisions of this Chapter 113 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404, unless otherwise noted.

207 Pa. Code Rule 24 Subpoenas.

(A) The Board, by its Chair, the Chair’s designee, or Chief Counsel, may issue subpoenas to compel the testimony under oath of witnesses, including the Judicial Officer who is the subject of a complaint, and to compel the production of relevant documents, books, accounts, and other records.

(B) Content

(1) The subpoena shall indicate on its face that it is issued in connection with a confidential proceeding of the Judicial Conduct Board.

(2) The subpoena shall give notice that it shall not be a breach of confidentiality for a subpoenaed person to consult with an attorney or to provide notice as required by law.

(3) The subpoena shall order the witness to appear before person or persons named at a specified date, time, and place, and to bring any items described.

A subpoena shall be served in person or by any process providing restricted delivery to and returned receipt from the named addressee.

(D) Challenges

Any challenge to the validity of a subpoena shall be decided by a member or members of the Board appointed by the Chair.

(E) Enforcement

The Board, by its Chair or the Chair’s designee, may enforce a subpoena by initiating proceedings in the Commonwealth Court pursuant to 42 Pa.C.S. § 761(a)(2).

History

Source: The provisions of this Chapter 113 adopted March 20, 1995, effective March 20, 1995, 25 Pa.B. 1404, unless otherwise noted.

Chapter 115 COMPLAINTS, SCREENING; PRELIMINARY BOARD ACTION

207 Pa. Code Rule 25 Complaint Preparation.

(A) When the Board receives information that a Judicial Officer may be subject to sanction pursuant to PA. CONST. Art. V, § 18, the Board shall refer the matter to Chief Counsel.

(1) When the Board receives information from a named individual, Board Counsel shall obtain a written, verified complaint from each individual containing:

(a) the allegations upon which the complaint is based;

(b) the complainant’s name and address;

(d) if applicable, the name of the court and the term and/or number of the proceedings during which the complaint arose;

(e) the name and address of the complainant’s lawyer, if any.

(2) When the Board receives information from any other source, if Chief Counsel concludes that the matter should be investigated, Chief Counsel shall prepare a written complaint and notify the Board at its next periodic meeting.

History

Source: The provisions of this Rule 29 amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial page (276552).

207 Pa. Code Rule 26 Screening.

(A) Board Counsel may conduct interviews and examine evidence to determine whether grounds exist to believe the allegations in the information received.

(B) Jurisdiction

Prior to submitting a complaint for preliminary Board review, Chief Counsel shall determine whether the subject of the allegations is within the jurisdiction of the Board.

(1) If Chief Counsel determines that the person against whom a complaint has been filed is not within the jurisdiction of the Board, Chief Counsel shall notify the complainant, and refer the complainant to the agency having jurisdiction, where appropriate.

(2) If Chief Counsel determines that the Board has jurisdiction, Chief Counsel shall submit the complaint for preliminary Board review.

History

Source: The provisions of this Rule 29 amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial page (276552).

207 Pa. Code Rule 27 Recommendation of Counsel.

When Chief Counsel submits a complaint for preliminary Board review, Chief Counsel shall report on the results of any preliminary inquiry, and recommend that the Board take one of the following actions:

(A) dismiss the complaint;

(B) proceed with a full investigation; or

History

Source: The provisions of this Rule 29 amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial page (276552).

207 Pa. Code Rule 28 Preliminary Board Review and Action.

After reviewing the complaint, Chief Counsel’s recommendation, and the results of any preliminary inquiry, the Board shall take one or more of the following actions:

(A) dismiss the complaint;

(B) request Chief Counsel to conduct additional preliminary inquiries;

(D) defer further action during the pendency of a criminal matter, if appropriate; or

(E) refer the matter to another agency.

The Board’s decision shall be in writing and made part of the record.

History

Source: The provisions of this Rule 29 amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial page (276552).

207 Pa. Code Rule 29 Reliance On Advisory Opinions.

Action taken by a Judicial Officer in reliance on and pursuant to a written advisory opinion by the Ethics Committee of the Pennsylvania Conference of State Trial Judges, or by the Ethics and Professionalism Committee of the Special Court Judges Association of Pennsylvania, and requested prior to July 1, 2022, shall be considered by the Board in making a determination under these rules, but such advisory opinions shall not be binding on the Board. Action taken by a Judicial Officer in reliance on and pursuant to a written advisory opinion by the Judicial Ethics Advisory Board, as long as that opinion was issued before the conduct occurred and on or subsequent to July 1, 2022, shall be considered by the Board in making a determination under these rules, but such advisory opinions shall not be binding on the Board.

Adopted March 20, 1995, imd. effective.

The provisions of this Rule 29 amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial page (276552).

History

Source: The provisions of this Rule 29 amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial page (276552).

207 Pa. Code Rule 30 Notice of Board Action.

(A) Notice of Dismissals or Referrals

(1) If the Board dismisses a complaint or refers the matter to another agency, the Board may notify the complainant.

(2) If the Judicial Officer has become aware of the complaint and notifies the Board, or if the matter has become public information, the Board may notify the Judicial Officer of the dismissal or the referral to another agency.

(B) Notice to Judicial Officer of Investigation

(1) Promptly after a Board decision to proceed with a full investigation, the Board shall notify the Judicial Officer that an investigation by the Board will be conducted.

(2) The notice shall contain:

(a) the specific allegations under investigation;

(b) the specific provisions of the Constitution, statute, or disciplinary code which the Board has determined may have been violated, including but not limited to, the Code of Judicial Conduct, the Rules of Professional Conduct, and the Rules Governing Standards of Conduct of District Justices;

(c) the Judicial Officer’s right to provide a written response or other information within 20 days of the receipt of the notice;

(d) the fact that the ongoing investigation may reveal facts concerning the allegations that could change the violations charged;

(e) that the Board may consider, in making its final determination, any unjustified failure of the Judicial Officer to appear or testify if directed; and

(f) at the discretion of the Board, the identity of the complainant.

History

Source: The provisions of this Rule 29 amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial page (276552).

Chapter 119 SPECIAL PROCEDURES FOR CASES INVOLVING MENTAL OR PHYSICAL DISABILITY

207 Pa. Code Rule 32 Appointment of Counsel.

In any case in which the allegations involve a Judicial Officer’s mental disability, the Board may petition the Court to appoint a lawyer to represent the Judicial Officer if the Judicial Officer is without representation.

History

Source: The provisions of this Rule 35 adopted April 20, 1998, effective immediately, 28 Pa.B. 2131.

207 Pa. Code Rule 33 Examinations.

The Board may require a physical, psychiatric, or psychological examination of the Judicial Officer, and may appoint one or more professionals to make an examination and prepare a report, a copy of which shall be given to the Judicial Officer. The Judicial Officer’s unjustified failure to submit to a physical, psychiatric, or psychological examination required by the Board may be considered as evidence of physical or mental disability.

History

Source: The provisions of this Rule 35 adopted April 20, 1998, effective immediately, 28 Pa.B. 2131.

207 Pa. Code Rule 34 Disposition.

(A) If the Board finds probable cause to file a Board Complaint alleging mental or physical disability, the Board shall promptly notify the Judicial Officer and provide the Judicial Officer with an opportunity to resign from judicial office or, when appropriate, to enter a rehabilitation program acceptable to the Board prior to the filing of the Board Complaint.

(B) When a Judicial Officer enters a rehabilitation program pursuant to paragraph (C), the Board may defer filing a Board Complaint for a reasonable period of time to permit the completion of the program, provided that the Judicial Officer:

(1) actively participates in the rehabilitation program;

(2) consents in writing to the release of information and records relating to his or her participation in the program; and

(3) when determined necessary by the Board, agrees to a voluntary suspension of some or all of the Judicial Officer’s duties.

(1) dismiss the complaint; or

(2) continue the matter pending a reevaluation after a period of judicial service specified by the Board.

History

Source: The provisions of this Rule 35 adopted April 20, 1998, effective immediately, 28 Pa.B. 2131.

207 Pa. Code Rule 35 Intervention.

(A) During the course of an investigation, upon the good faith belief that the alleged misconduct was caused by mental illness, drug dependency, addiction to alcohol, or temporary mental infirmity, the Board shall take one or more of the following actions:

(1) request that the judicial officer resign from office;

(2) request that the judicial officer seek appropriate treatment;

(3) request that the judicial officer take a leave of absence from his or her judicial office until such time that the Board and the judicial officer agree that it is appropriate for the judicial officer to return to office;

(4) upon application of the judicial officer, the Board may approve an appropriate treatment program.

(B) Action taken by a judicial officer in response to any action taken by the Board pursuant to Paragraph A, shall be considered by the Board in making a determination pursuant to Rule 31.

(C) The judicial officer’s entrance into and participation in a rehabilitation program approved by the Board shall constitute good cause under Rule 31(C) for the Board to continue any full investigation beyond 180-days.

The provisions of this Rule 35 adopted April 20, 1998, effective immediately, 28 Pa.B. 2131.

History

Source: The provisions of this Rule 35 adopted April 20, 1998, effective immediately, 28 Pa.B. 2131.

Chapter 121 SPECIAL PROCEDURES FOR CASES INVOLVING SUBSTANCE ABUSE

207 Pa. Code Rule 36 Petition for Rehabilitative Diversion.

(A) When the Board finds probable cause to investigate a Complaint alleging misconduct involving substance abuse, the Board may notify the Judicial Officer of its investigation and provide the Judicial Officer with an opportunity to petition the Board for permission to enter a rehabilitative diversion program acceptable to the Board prior to the filing of formal charges with the Court of Judicial Discipline.

(B) Such petition shall be filed with the Board promptly. Absent Board approval, a petition shall not be considered if filed after the Judicial Officer’s response to the Board’s Notice of Full Investigation (see Rules of Procedure of the Judicial Conduct Board outlined in Rule 30B).

(1) the Judicial Officer’s verified statement that he/she desires to participate in a qualified treatment program;

(2) a release giving Board Counsel access of all information and records bearing on the rehabilitative program, including information concerning the applicant’s past substance abuse and treatment, as well as the proposed rehabilitative program;

(3) a stipulation as to facts which are agreed to by the Judicial Officer and Board Counsel relevant to the formal charges; and agreement of the admissibility of such stipulation in any future proceeding before the Court of Judicial Discipline;

(4) a waiver by the Judicial Officer of the right to file pre-trial motions based on grounds then known to the applicant unless specifically modified as exceptions to the waiver; and

(5) the Judicial Officer’s consent to submit to testing for drug or alcohol consumption during any probationary period later imposed.

Adopted March 21, 2003, effective March 22, 2003.

The provisions of this Rule 36 amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial page (296597).

History

Source: The provisions of this Rule 36 amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial page (296597).

207 Pa. Code Rule 37 Evaluations.

(A) When any Judicial Officer under investigation applies for diversion under Rule 36 on the ground of his or her substance abuse, the Board may require the applicant to submit to such medical evaluations as it deems necessary. The Board shall appoint one or more healthcare professionals to examine the applicant and report their findings to the Board. A copy of any such report will be shared with the applicant. Failure to submit to examination will be considered by the Board in its disposition of any pending complaint.

(B) All expenses incurred for such evaluations and reports shall be assessed against the Judicial Officer and shall be his or her sole responsibility.

History

Source: The provisions of this Rule 36 amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial page (296597).

207 Pa. Code Rule 38 Diversion Procedure.

(A) When a Judicial Officer enters a rehabilitation diversion program pursuant to this Chapter, the Board may defer filing formal charges with the Court of Judicial Discipline for a reasonable period of time to permit the completion of the program, provided that the Judicial Officer consents in writing to the release of treatment information and records relating to his or her participation in the program.

(B) When a Judicial Officer satisfactorily completes an approved inpatient rehabilitation program, the Board shall continue the matter for a twelve (12) month probationary period, which may be conditioned on the Officer’s continued participation in a recommended recovery program.

(C) If the rehabilitative intervention and the probationary period are deemed by the Board to have been satisfactorily completed, the Board will refrain from filing charges in the Court of Judicial Discipline and will dismiss the Complaint through the letter of counsel procedure outlined in J.C.B.R.P. 31(A)(2).

(D) If the Board determines that the applicant Judicial Officer has abandoned the recovery program, or has violated the terms in any substantial way, the Board may direct the filing of charges before the Court of Judicial Discipline, or take such other action as may be appropriate in the circumstances.

History

Source: The provisions of this Rule 36 amended June 9, 2025, effective June 9, 2025, 55 Pa.B. 6825. Immediately preceding text appears at serial page (296597).

Part V JUDICIAL ETHICS ADVISORY BOARD

Chapter 6003 REGULATIONS OF THE JUDICIAL ETHICS ADVISORY BOARD

207 Pa. Code Rule 1.0 Preamble.

1.1. Purpose.

The Judicial Ethics Advisory Board is the designated and approved body to render advice, opinions, and guidance regarding appropriate ethical conduct involving all judicial officers and candidates for all judicial offices who are subject to the Code of Judicial Conduct and/or the Rules Governing Standards of Conduct of Magisterial District Judges (collectively, the ‘‘Codes’’).1

1.2. Mission Statement.

To ensure the continued integrity and public trust of Pennsylvania’s judiciary, the Judicial Ethics Advisory Board shall, upon request, provide Advice and/or Opinions to any Judicial Officer or judicial candidate based on the Codes.

The provisions of this Rule 1.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial page (410561).

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

207 Pa. Code Rule 2.0 Definitions.

All terms used in these Regulations shall have their ordinary meanings unless noted otherwise or as defined by the Pennsylvania Rules of the Judicial Ethics Advisory Board or these Regulations.

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

207 Pa. Code Rule 3.0 Board Membership.

3.1. Officers.

In accordance with Rule 104(a), the Supreme Court shall designate one Member to serve as Chair and another to serve as Vice-Chair.

3.2. The Chair shall:

3.2.1. With the assistance of the Executive Director, set the meeting agenda and determine the order in which Board business is addressed.

3.2.2. Preside over the Board at all Board meetings.

3.2.3. Exercise any other prerogatives or duties specifically delegated by the Board or referenced in these Regulations.

3.3. The Vice-Chair shall assume the prerogatives and duties of the Chair if the Chair position is vacant or the Chair is absent or unable to act.

3.4. Standards of Member Conduct.

3.4.1. Appellate and Trial Court Judge Members shall be bound by the Code of Judicial Conduct.

3.4.2. Magisterial District Judge Members shall be bound by the Rules Governing Standards of Conduct of Magisterial District Judges.

3.4.3. Attorney Members of the Board shall be bound by the Rules of Professional Conduct.

3.4.4. Rule 105 (Confidentiality) and Section 5.0 hereof evidence a strong commitment to encourage Judicial Officers to seek ethics advisory opinions and that all such communications to and from the Board are to be confidential. In light of these objectives, Members are relieved of any obligation under the Codes to report to an appropriate authority conduct of a Judicial Officer that is the subject of a Request permitted under these Regulations.

3.5. Conflicts.

Members shall refrain from participating in the work of either a Panel or Board that pertains to their own Request or in any other matter where a Member’s impartiality might reasonably be questioned.

3.6. Board Member Training.

3.6.1. The Board shall develop a course of training on judicial ethics, as regulated by the Codes, which course of training will be subject to approval by the Continuing Judicial Education Board.

3.6.2. Every Board member shall complete the approved training prior to engaging in service on the Board.

3.6.3. A member may complete the required training either by attending in-person training or via a pre-recorded training program.

The provisions of this Rule 3.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410562) to (410563).

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

207 Pa. Code Rule 4.0 Board Meetings.

4.1. Board Calendar.

For reporting purposes, the Board shall operate on a calendar year beginning January 1st and ending December 31st.

4.2. Meeting Dates.

The Board shall meet at least quarterly. At or prior to the last meeting of the Board for the calendar year, the Chair shall establish fixed meeting dates for the next Board Calendar. The Board may convene meetings at such other times as the Chair or a majority of the Members determine. Staff shall provide all Members due and timely notice of all Board meetings.

4.3. Member Participation.

Board Decisions are enhanced by the participation of all Members; therefore, Members are encouraged to attend each meeting in person and to participate in all Board discussions and decisions.

4.4. Quorum.

4.4.1. A majority of the Members of the Board shall constitute a quorum.

4.4.2. When less than a quorum of Members is in Attendance, it shall be the duty of the Chair or Vice-Chair to adjourn the meeting.

4.4.3. In the absence of the Chair and Vice-Chair, it shall be the duty of the Executive Director to adjourn the meeting when less than a quorum is in Attendance.

4.5. Voting and Decisions.

Members must be in Attendance to vote. Proxy votes are not permitted. Votes or opinions expressed prior to discussion at a meeting of the Board shall not be considered for purposes of determining Board action.

4.5.1. Board Decisions shall be determined as follows:

a. A majority vote by the Members Attending a duly called Meeting of the Board shall be required to adopt, modify or reverse any Advice.

b. A majority vote of all Members shall be required to modify or reverse a previously issued Opinion of the Board.

c. A majority vote of all Members shall be required to modify, reverse, or adopt the issuance of a General Guidance.

The provisions of this Rule 4.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410563) to (410564).

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

207 Pa. Code Rule 5.0 Confidentiality.

Communications to and from the Board are confidential except as described here. Establishing the confidentiality of Board proceedings and communications to and from the Board is critical to encourage Judicial Officers to seek ethics opinions and advice from the Board. Encouraging Judicial Officers to seek ethics opinions and advice from the Board will promote ethical conduct and the fair administration of justice. The need for preserving confidentiality outweighs the need for disclosure in the interest of justice. Therefore, to implement Rule 105 (Confidentiality), and to promote ethical conduct by Judicial Officers and to encourage them to seek ethics opinions and advice from the Board, the following confidentiality requirements and exceptions apply to Requests and other matters before the Board:

5.1. Confidentiality.

With the exception of Opinions and General Ethics Guidance published by the Board under Rules 204(b) (Publication of Board Opinions) and (c) (General Ethics Guidance), all Opinions, inquiries, replies, circulated drafts, records, documents, writings, files, communications with Staff, work product of the Board or Staff, and deliberations and proceedings of the Board are confidential.

5.2. Members and Staff.

Members of the Board and Staff may not disclose (outside the Board or Staff) any confidential information, including identifying information, obtained by the Board or Staff.

5.3. Waiver of Confidentiality by Judicial Officer.

A Judicial Officer may waive confidentiality, and such a waiver must be in writing. If a Judicial Officer making a request for an Opinion or Advice waives confidentiality or asserts reliance on an Opinion or Advice in judicial or attorney discipline proceedings, such Opinion or Advice no longer is confidential under these Rule. Notwithstanding any such waiver, Board deliberations and all other records concerning the Request shall remain confidential.

5.4. Conclusion of Service by Members of the Board.

Board Members shall return to Staff or destroy any records in their possession at the end of their terms of service.

The provisions of this Rule 5.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410564) to (410565).

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

207 Pa. Code Rule 6.0 Board Contact Information.

Any Judicial Officer may request an Advisory Opinion by submitting a Request to the Board in writing. Requests may be submitted via United States Mail, special courier, fax, or email.

6.1. Mailing Address.

The designated mailing address for any communications addressed to the Board, including Requests for Advisory Opinions, shall be:

Judicial Ethics Advisory Board Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 6100 PO Box 62333 Harrisburg, PA 17106-2333

6.2. Email Address.

The designated email address for any communications sent to the Board, including Requests for Advisory Opinions, shall be:

JEAB@pacourts.us

6.3. Fax Number.

The designated fax number for any communications sent to the Board, including Requests for Advisory Opinions, shall be:

717-231-9594

6.4. Electronic Mail.

Any Board action required to be communicated in writing may be sent by electronic mail, provided such electronic mail includes the following language:

Confidentiality Statement: This electronic mail transmission (including attachments) is covered by the Electronics Communications Privacy Act, 18 U.S.C. § § 2510—2521, is confidential, and/or may be legally privileged. The information is intended only for the use of the individual or entity named in this transmission. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying, or the taking of any action in reliance on the contents of this transmission, is strictly prohibited. Please reply to the sender that you have received the message in error, and then delete it.

6.5. Public Media.

All requests for commentary or interview by the news media regarding the Board or Board business should be referred to either the Executive Director or to the Supreme Court’s Press and Communications Office at 717-231-3324.

The provisions of this Rule 6.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410565) to (410566).

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

207 Pa. Code Rule 7.0 Records and Files.

7.1. Security.

All records, papers, files, etc. of the JEAB shall be confidential and shall remain confidential. Staff shall adequately secure all files and records of the Board, regardless of format (i.e., paper and/or electronic), to ensure confidentiality.

7.2. Storage Format.

Paper documents shall be converted to an electronic format.

7.3. Paper File Retention Schedule.

All paper documents shall be maintained for one calendar year after conversion to an electronic format. Upon expiration of one year, paper records may be destroyed in a secure manner.

7.4. Electronic File Retention Schedule.

Electronic files shall be maintained according to the following schedule, or as otherwise required by law:

7.5. Conflict with Other Retention Schedules.

These schedules are intended to be consistent with those set forth in the Supreme Court of Pennsylvania Administrative Office of Pennsylvania Courts (AOPC) Record Retention & Disposition Schedule. Unless otherwise required by law, AOPC schedules shall govern.

7.6. Mandatory Minimum Retention Periods.

The record retention periods set forth herein are minimum retention terms, after which the files may be destroyed. The files may also be retained for longer than the established retention periods.

7.7. Methods of Record Destruction.

7.7.1. Confidential Records.

When confidential information may be contained in the records, shredding is the preferred method of destruction. Regardless of manner, destruction of records shall be by such a means as to permanently prevent the disclosure of the contents thereof.

7.7.2. Non-Confidential Records.

Records that do not contain confidential information may be shredded, incinerated, or otherwise destroyed according to general practice.

The provisions of this Rule 7.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410566) to (410568).

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

207 Pa. Code Rule 8.0 Panel Advice and Board Review.

Judicial Officers must submit Requests to the Board in writing under Section 6.0. A Request must contain a statement of the facts regarding the intended conduct and a concise question of judicial ethics, with references to the relevant section(s) of the Codes, case law, and other authority the inquiring Judicial Officer already has consulted. A Request must relate to the inquiring Judicial Officer’s own prospective conduct or conduct of the inquiring Judicial Officer that has occurred in the past and is ongoing. The Board will not consider a Request by the inquiring Judicial Officer relating to the conduct or prospective conduct of another Judicial Officer except as necessary to address a Judicial Officer’s obligations pursuant to Rule 2.12 (Supervisory Duties) of the applicable Code. A Request may not relate to hypothetical situations or to facts that are the subject of past or pending litigation, disciplinary investigation, or disciplinary proceedings. Judicial Officers must submit Requests at least 14 days prior to the event or action giving rise to the question. The Board Chair or the Chair’s designee may, in his or her discretion, waive this 14-day requirement for good cause and if the inquiry can be addressed in the time available.

8.1. Request Intake.

The Executive Director is designated and authorized to receive any and all Requests seeking an Advisory Opinion.

8.2. Jurisdictional Closure.

Any request for an Advisory Opinion from someone other than a Judicial Officer may be closed by the Executive Director for lack of jurisdiction without Board approval.

8.3. Insufficient Request.

If the Board receives a jurisdictionally appropriate Request but lacks sufficient information to render Advice, Staff will obtain additional facts from the inquiring Judicial Officer. Staff may close the Request without Board approval if the inquiring Judicial Officer fails or refuses to provide the requested information within 14 days.

8.4. Panel Determination and Assignment.

Following receipt of a Request, the Executive Director shall identify the level of the judicial system of the inquiring Judicial Officer. The Executive Director shall assign the Request to a Panel.

8.5. Panel Member Assignment.

Each Member will rotate Panel assignments. Each Panel shall contain at least one Member of the same judicial level as the inquiring Judicial Officer. Panel makeup shall be confidential and shall not be disclosed except to Board Members and Staff.

8.5.1. Philadelphia Municipal Court Essential Member.

For Requests originating from Judicial Officers of the Philadelphia Municipal Court, a Board member from the Municipal Court or any common pleas court shall be qualified to serve as an Essential Member of the Panel.

8.6. Identity Redaction.

The Judicial Officer’s Request shall be redacted by Staff so the identity of the Judicial Officer shall not be known to the Panel or Board. Only Staff will have access to the identity of the inquiring Judicial Officer. The identity of an inquiring Judicial Officer may be disclosed to the Chair when, in the Chair’s opinion, there is a clear and convincing need to know. At no time shall the Chair or Staff intentionally disclose the identity of the inquiring Judicial Officer absent an explicit and express waiver by the inquiring Judicial Officer in writing, or the Chair believes disclosure is necessary for a clear and convincing reason.

8.7. Advice.

A Panel determination shall be deemed achieved upon a two-thirds or greater consensus of the Panel. Once a determination is reached, the determination of the Panel shall constitute the Advice, and Staff shall communicate the Advice to the inquiring Judicial Officer in writing.

8.7.1. All members of the Panel must respond before a Panel determination is reached.

8.7.2. The Panel membership shall remain confidential to the Requesting Judicial Officer.

8.8. Reconsideration of Advice.

After a Panel issues an Advice following a Request by a Judicial Officer, the Judicial Officer may seek reconsideration of the Panel Advice.

8.8.1. Timing.

A request for reconsideration of Panel Advice must be in writing and must be received by Staff within five days of Service of the Panel Advice.

8.9. Board Review.

After issuing Advice to the inquiring Judicial Officer, Staff shall circulate the Advice to the Board for review. Members shall respond in writing within twenty days of circulation by sending any agreement, disagreement, or comment to Staff, and by sending a copy of any substantive comment or disagreement to each Member of the Board. A Member who does not respond within the stated timeframe shall be presumed to agree with the Advice rendered. If there is no disagreement with the Advice, the Advice shall be deemed the Board Opinion, so long as no request for reconsideration is pending. A deemed Opinion shall be ratified by vote of the Board at the next meeting.

If a majority of the Board (seven or more Members) register disagreement with an Advice, Staff shall notify the inquiring Judicial Officer promptly, and the matter shall be timely scheduled for Board resolution. The Board shall reach a Board Decision as to the Advice as soon as possible.

8.10. Opinion Publication.

The Board may adopt, modify, or reverse any Advice. Once a Board Decision has been reached under Regulation 4.5.1, the Board Decision shall constitute the Opinion of the Board. Staff shall promptly serve the Opinion of the Board upon the inquiring Judicial Officer. Publication by the Board of any Opinion shall occur only after the period for Board Reconsideration has expired.

8.11. Dissenting Members.

Any Member of the Panel or Board shall retain the right to dissent from the majority decision of either a Panel or the Board. Dissenting votes may be recorded and retained internally for future reference by the Board, but shall not be reflected on the issued Advice or Opinion.

8.12. Reasoned Advice/Opinion.

8.12.1. The Panel Advice and Board Opinion shall be reasoned, in that they shall reference the relevant section(s) of the Codes, case law, and other authority consulted in reaching the conclusions contained therein and apply the same to the facts as set forth in the Request. The Board may also consider for their persuasive value publicly available advice or opinions from other state judicial ethics advisory bodies or courts on the subject of the Request.

8.12.2. Nothing in the Rules or these Regulations shall prohibit either the Board, a Panel, an individual Member, or Staff from citing, referencing, or considering any previously issued opinion or findings of the Ethics Committees of the Pennsylvania Conference of State Trial Judges and/or the Special Court Judges Association of Pennsylvania as persuasive authority in reaching a decision on a Request or in offering General Guidance.

8.12.3. The Panel Advice and/or Board Opinion shall set forth a conclusion as to whether facts regarding the intended conduct set forth in the Request give rise to a violation of any section(s) of the Code(s). Where possible and appropriate, the Panel Advice and/or the Board Opinion may provide a qualified response with accompanying advice on how the Judicial Officer may engage in the proposed conduct without violating the Code(s).

8.13. Reconsideration.

8.13.1. Under Rule 207 (Reconsideration), an inquiring Judicial Officer may submit a written request for reconsideration within twenty days of the Board’s Opinion adopting, modifying, or reversing an Advice. The inquiring Judicial Officer shall present a detailed explanation setting forth the reason(s) why the Board should reconsider the Opinion.

8.13.2. If the Board declines to issue an Opinion, the inquiring Judicial Officer may seek reconsideration of the inaction within 20 days of Service of notice of the Board’s inaction.

8.13.3. A Request for reconsideration must be in writing and must be received by Staff before 5:00 p.m. (EST) on the twentieth day following Service of an Opinion or Notice of Inaction. The 20-day period shall be calculated from the date of Service upon the inquiring Judicial Officer and shall be so computed as to exclude the first and include the last day of such period. Whenever the last day of any such period shall fall on Saturday or Sunday, or on any day made a legal holiday by the laws of the Commonwealth or of the United States, such day shall be omitted from the computation.

8.13.4. A request for reconsideration filed with the Board will delay the publication of an Opinion but will not affect the Rule of Reliance unless the Board grants reconsideration.

8.13.5. If the Board grants reconsideration, the Board may take one or more of the following actions:

(a) Adopt the Advice as originally issued.

(b) Modify the issued Opinion.

(d) Other action as the Board deems appropriate.

The provisions of this Rule 8.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410568) to (410571).

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

207 Pa. Code Rule 10.0 Docketing/Numbering.

10.1. Request Number.

Regardless of format (paper correspondence, email, fax, etc.), Staff will assign every written Request a sequential Request Number as required by Rule 202 (Assignment to Panel; Composition of Panel). The Request Number will be formatted as the letter ‘‘R’’ [Request] followed by a sequential number and the two-digit calendar year (Rx-YY).

10.2. Advice Number.

Once Staff determines that a Request will be assigned to a Panel, Staff will assign the file an Advice Number. The Advice Number will be formatted as the last two digits of the calendar year followed by a sequential number beginning with 101 (YY-1xx).

10.3. Opinion Number.

Staff shall assign every Opinion of the Board an Opinion Number. The Opinion Number will be formatted as a sequential number followed by JEAB and the four-digit calendar year (x-JEAB-YYYY).

The provisions of this Rule 10.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial page (410571).

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

207 Pa. Code Rule 11.0 General Ethics Guidance.

The Board, at its discretion, may issue general ethics advisory guidance (General Guidance) on topics of interest and concern to persons subject to the Codes. A subsequent Opinion of the Board regarding the same subject matter of General Guidance shall be deemed to supersede the prior General Guidance.

The provisions of this Rule 11.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial page (410571).

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

207 Pa. Code Rule 12.0 Exigent Circumstances.

Under Rule 201 (Standards and Timing for Requests), a Judicial Officer may submit a Request to the Board in writing at least 14 days prior to the event or action giving rise to the question. The Chairperson may waive this requirement for good cause shown if exigent circumstances exist and a Panel can responsibly and meaningfully address the Request in the time available. In those instances, the following procedures shall apply:

12.1. Exigent Intake.

An inquiring Judicial Officer may initiate a Request by contacting Staff by telephone at 717-705-1785, by email to JEAB@pacourts.us, or by the most expedient means available to the Judicial Officer. The Request should include all information required under these Regulations. If the Judicial Officer relays the information orally, the Judicial Officer shall immediately commit the Request to writing directed to Staff. The inquiring Judicial Officer’s failure to reduce the Request to writing shall preclude the Board from issuing an Advice.

12.2. Exigent Panel Assignment.

Upon receiving an exigent Request, Staff shall docket the Request, assign the Request a number as provided for under Section 10.0 of these Regulations, and forward the Request to a Panel for an Advisory Opinion.

12.3. Exigent Advice.

Unless the Panel declines to issue an Advisory Opinion because it cannot responsibly and meaningfully provide an Advice (which decision shall be immediately communicated to the Judicial Officer), the Panel shall expeditiously proceed to render an Advice that shall be communicated by Staff to the Judicial Officer. Where the Panel Advice is initially communicated orally, the Panel shall promptly commit the Advice to writing, and Staff shall promptly Serve the written Advice on the Judicial Officer.

12.4. Exigent Board Consideration.

Once the Panel issues a written Advice, the Board shall then consider the Advice as provided for under Sections 8.10 through 8.13 of these Regulations.

The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

207 Pa. Code Rule 13.0 Waiver.

The Chair may, in its discretion, waive any administrative provision of these Regulations when, in the Chair’s judgment, the proper interests of the Board and/or the interests of an inquiring Judicial Officer require such action by the Chair. Waiver of any confidentiality provision pertaining to a Judicial Officer shall not be allowed unless agreed to by the Judicial Officer.

The provisions of Rule 13.0 deleted and Rule 14.0 renumbered as Rule 13.0, February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial page (410572).

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

207 Pa. Code Rule 14.0 Amendments.

These Regulations may be amended by a majority of the Board after giving at least 30 days advance written notice of proposed changes to each Member.

14.1. Court Approval.

Under Rule 104(d)(3), Regulations are subject to approval by the Supreme Court. Any amendment shall take effect immediately upon approval by the Supreme Court or as otherwise ordered by the Supreme Court.

14.2. Pending Amendments.

Until the Court approves a proposed amendment, the Regulations as last adopted and approved shall remain in effect.

The provisions of Rule 15.0 renumbered as Rule 14.0, February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial page (410572).

History

Source: The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).