RULE 301. INITIATING FORMAL CHARGES; CONFERENCE JUDGE; SCHEDULING.

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

(B) Appointment of Conference Judge. Within 10 days after a Board Complaint is filed pursuant to paragraph (A), the President Judge shall appoint a member of the Court to serve as Conference Judge on the case as provided in these rules.

(C) Duties of Conference Judge Following the Filing of Formal Complaint. In addition to the other duties of Conference Judge set forth in these rules, the Conference Judge shall:

(1) dispose of all pre-trial motions;

(2) schedule and conduct a pre-trial conference, in accordance with C.J.D.R.P. No. 421; and

(3) upon disposition of all pre-trial matters, certify to the President Judge notice that the matter is ready for trial.

(D) The Clerk shall serve certified copies of orders scheduling pre-trial conferences and trials to the Board and the Judicial Officer.

NOTE: This rule is derived from former interim Rule 16.

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995; amended February 13, 1997, effective April 4, 1997. Amended November 4, 2000, effective December 12, 2000; amended July 26, 2006, effective September 6, 2006.

 
RULE 302. CONTENTS OF BOARD COMPLAINT.

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

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

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

(B) The Board Complaint shall give notice to the Judicial Officer of the time period within which the Judicial Officer must file an omnibus motion pursuant to Rule 411.

(C) The Board Complaint shall be signed and verified by counsel for the Board.

NOTE: This rule is derived from former interim Rule 17.

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995. Amended November 4, 2000, effective December 12, 2000; amended December 13, 2006, effective February 1, 2007.

 
RULE 303. BOARD COMPLAINTS; AMENDMENT AND CONSOLIDATION.

(A) Amendments. Upon motion of the Board, the Conference Judge may, in his or her discretion, permit substantive amendments to a Board Complaint with the written consent of the Judicial Officer or after a hearing on the motion in open court.

(B) Consolidation.

(1) The Conference Judge may, for purposes of trial, upon his or her own motion, after notice to the Board and the Judicial Officer, or upon motion of the Board or the Judicial Officer, consolidate some or all of the charges against an individual Judicial Officer contained in separate Board Complaints filed pursuant to Rule 301(A).

(2) The Conference Judge may, on his or her own motion, and after notice to the Board and the Judicial Officer, consolidate two or more Board Complaints against an individual Judicial Officer for purposes of imposing sanctions pursuant to Rule 504.

(3) In matters pending before the Court which involve a common question of law or fact or which arise from the same transaction or occurrence, a Conference Judge may, for any purpose, upon his or her own motion, after notice to the Board and the Judicial Officers, or upon motion of the Board or a Judicial Officer, order the matters consolidated, and may make orders which avoid unnecessary costs or delay.

NOTE: This rule is derived from former interim Rule 18.

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995; amended March 23, 1998, effective May 5, 1998.

 
RULE 401. DISCOVERY GENERALLY.

(A) All discovery shall be completed within 60 days of the service of the Board Complaint, unless extended by the Conference Judge for good cause shown.

(B) Any challenges or objections raised during discovery shall be resolved at the pre-trial conference.

(C) The Conference Judge shall, before the pre-trial conference, set a date for the exchange of the names and addresses of all witnesses whom the parties intend to call at the trial.

(D) Other Evidence. The Board and the Judicial Officer shall exchange:

(1) Non-privileged evidence relevant to the charges contained in the Board Complaint, documents to be presented at the trial and statements of witnesses who will be called to testify; and

(2) Other material, in the Conference Judge's discretion, upon cause shown.

(E) Disclosure by the Board. Upon filing of the Board Complaint, the Board shall provide the Judicial Officer with any exculpatory evidence relevant to the charges contained in the Board Complaint.

NOTE: This rule is derived from former interim Rule 19.

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995; amended May 31, 2002, effective July 16, 2002.

 
RULE 402. DEPOSITIONS.

Upon Motion of the Judicial Officer or the Board, after notice and hearing, the Conference Judge may order the deposition of any person, when due to exceptional circumstances, the interests of justice require that the person's testimony be preserved.

NOTE: This rule is derived from former interim Rule 19(B).

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.

 
RULE 403. RESOLUTION OF DISPUTES.

Disputes concerning discovery shall be determined by the Conference Judge. Decisions concerning discovery shall not constitute a final Order for purposes of appeal.

NOTE: This rule is derived from former interim Rule 19(C).

Adopted March 16, 1994, effective March 16, 1994.

 
RULE 404. CONTINUING DUTY TO DISCLOSE.

The Board and the Judicial Officer have a continuing duty to supplement information required to be exchanged or disclosed under Rule 401 until the trial is concluded and the record is closed.

NOTE: This rule is derived from former interim Rule 19(D).

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.

 
RULE 405. REMEDY.

If at any time during the course of the proceedings it is brought to the attention of the Conference Judge that a party has failed to comply with Rules 401 through 404 relating to discovery, the Conference Judge may order compliance, grant a continuance, prohibit the party from introducing the evidence not disclosed, other than testimony of the Judicial Officer, or the Conference Judge may enter any other order as is just.

NOTE: This rule is derived from former interim Rule 19(G).

Adopted March 16, 1994, effective March 16, 1994. Amended November 1, 1994, effective January 1, 1995.

 
RULE 411. OMNIBUS MOTION.

(A) All motions, challenges, and applications or requests for an order or relief on behalf of the Judicial Officer shall be consolidated in one written motion, except as otherwise provided in these rules, or as permitted by the Conference Judge. The omnibus motion shall be filed no later than 30 days of service of the Board Complaint.

(B) The motion shall state with particularity the grounds for the motion, the facts that support each ground, and the type of relief or order requested. The motion shall be divided into consecutively numbered paragraphs, each containing only one material allegation as far as practicable.

(C) If the motion sets forth facts that do not already appear of record, it shall be verified by the Judicial Officer subject to the penalties for unsworn falsification to authorities under the Crimes Code, 18 Pa.C.S. §4904.

(D) The Judicial Officer may challenge the validity of the charges on any legal ground including:

(1) that the facts charged do not constitute misconduct;

(2) that the Board or the Court is without jurisdiction;

(3) that the Board violated the procedures governing it; or

(4) that the charges do not provide sufficient notice of the allegations to be defended against.

(E) The failure, in any motion, to request a type of relief or order, or to state a ground therefor, may constitute a waiver of such relief, order, or ground.

NOTE: This rule is derived from former interim Rule 20(A).

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended December 5, 2001, effective January 24, 2002; amended May 31, 2002, effective July 16, 2002.

 
RULE 412. REPLY.

(A) Within 10 days of the filing of the omnibus motion, the Board shall file a reply.

(B) The reply shall be divided into consecutively numbered paragraphs corresponding to the numbered paragraphs of the motion. The reply shall meet the allegations of the motion.

(C) If the reply sets forth facts that do not already appear of record, it shall be verified by Counsel for the Board subject to the penalties for unsworn falsification to authorities under the Crimes Code, 18 Pa.C. S. .4904.

(D) Failure to file a reply as required by this rule shall constitute an admission of the facts alleged in the omnibus motion.

NOTE: This rule is derived from former interim Rule 20(B).

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994.

 
RULE 413. ANSWER.

Within 30 days after the service of a Board Complaint, if no omnibus motion is filed, or within 20 days after the dismissal of all or part of the omnibus motion, the Judicial Officer may file an answer admitting or denying the allegations contained in the Board Complaint. Failure to file an answer shall be deemed a denial of all factual allegations contained in the Board Complaint. Unless otherwise ordered by the Court, no additional pleading will be accepted.

NOTE: This rule is derived from former interim Rule 20(C).

Adopted May 31, 1994, effective May 31, 1994. Amended August 26, 2002, effective October 16, 2002.

 
RULE 414. DISPOSITION OF OMNIBUS MOTION.

(A) The Conference Judge may schedule hearing or argument on the motion, as is appropriate, and shall rule upon the motion. The Conference Judge may defer any ruling, as necessary, to be decided by the Court before the time of the pre-trial conference.

(B) No ruling on the motion shall constitute a final order for the purpose of appeal.

(C) A decision which dismisses a charge or terminates the case shall be reviewed and voted upon by the full Court. A majority vote shall be required to sustain such a decision.

NOTE: This rule is derived from former interim Rule 21.

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.

 
RULE 421. PRE-TRIAL CONFERENCE.

(A) At the Pre-Trial Conference the following administrative matters shall be considered:

(1) clarification of the issues;

(2) amendments to the pleadings;

(3) stipulations and agreements to admit documents or other physical evidence;

(4) limitations on the number of expert and character witnesses;

(5) any disputes concerning discovery not previously resolved; and

(6) any other matters which may aid in the prompt disposition of the matter.

(B) The Pre-Trial Conference shall be conducted by the Conference Judge, and shall be attended by counsel for the Board, counsel of record for the Judicial Officer, if any, and the Judicial Officer.

(C) Where the Judicial Officer is represented by counsel, the Judicial Officer may file with the Clerk a waiver of his or her presence at the Pre-Trial Conference. The waiver shall include a statement authorizing the Judicial Officer's counsel to act on the Judicial Officer's behalf as to all matters considered at the Pre-Trial Conference.

(D) At the conclusion of the Pre-Trial Conference, the Conference Judge shall on the record enter an order stating the agreements and objections made by the parties, and rulings made by the Conference Judge on any matter considered during the Pre-Trial Conference. The order shall control subsequent proceedings before the Court on the record, unless modified by the Court or a panel of the Court on the record. The parties shall have the right to file objections to any part of the Order within 15 days of its entry.

NOTE: This rule is derived from former interim Rule 22.

Adopted Mach 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995; amended May 6, 2003, effective June 25, 2003.

 
RULE 501. APPOINTMENT OF PANEL.

(A) The President Judge may appoint a Panel which shall be authorized to act on behalf of the Court. The Panel shall conduct the trial on the Board Complaint.

(B) The Panel shall consist of no fewer than three members of the Court, one of whom shall be the Conference Judge, appointed pursuant to Rule 301(B), and, whenever possible, one of whom shall be a non-lawyer elector.

NOTE: This rule is derived from former interim Rule 24.

Adopted March 16, 1994, effective March 16, 1994. Amended November 1, 1994, effective January 1, 1995. Amended December 3, 1999, effective January 19, 2000.

 
RULE 502.TRIAL. STIPULATIONS OF FACT. CONCLUSIONS OF LAW. WITHDRAWAL OF COMPLAINTS OR WITHDRAWAL OF COUNTS.

(A) The trial shall be held before the Court and shall be open to the public.

(B) Conduct of Trial.

(1) All testimony shall be under oath.

(2)The Board and the Judicial Officer shall be permitted to present evidence and examine and cross-examine witnesses. The Judicial Officer may, but shall not be required to, testify.

(3) At the conclusion of the trial, the Board and the Judicial Officer may, at the request of the Court, present oral argument and shall submit proposed findings of fact and conclusions of law.

(4)The trial shall be recorded verbatim. Requests and orders for transcripts shall be governed by Pa.R.J.A. 5000.5. Any party requesting notes of testimony shall bear the cost of transcription. When the notes of testimony have been transcribed, the court reporter shall first submit the transcript to the Clerk. Following receipt and review of the transcript, the Clerk shall lodge the transcript and shall inform the court reporter of said lodging. In no instance shall the court reporter provide a version of the transcript to a requesting party until the transcript is lodged, and the Clerk has informed the court reporter and the parties that the transcript has been lodged.

(C) Any witness shall have the right to be represented by counsel, but the witness' counsel shall not participate in the trial except by permission of the Court.

(D) Stipulations of Fact.

(1) In lieu of a trial, the parties may submit to the Court an agreed statement of all facts necessary to a decision of the issues in the case. Said statement as submitted shall be binding upon the parties and shall be adopted by the Court as the facts of the case upon which the decision shall be rendered. When submitted, any such statement shall include a signed waiver of any right to trial granted under the Constitution and the Rules of this Court.

(2) The parties may submit stipulations as to issues of fact to which they agree, but which do not resolve all relevant issues of fact. In such case, the parties shall be bound by the stipulations as submitted and the Court shall proceed to trial on all other remaining factual issues.

(E) Conclusions of Law.

At the close of the evidence, the parties may submit suggested Conclusions of Law which the Court may consider in rendering the decision, however, said conclusions when submitted are not binding upon the Court.

(F) Withdrawal of Complaints or Withdrawal of Counts.

The Board may file a motion to withdraw a Complaint or any of the Counts in a Complaint, which, in either case, shall be supported by good cause.

NOTE: This rule is derived from former interim Rule 25.

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995; amended April 12, 1995, effective May 24, 1995; amended February 6, 1996, effective April 17, 1996; amended February 13, 1997, effective April 4, 1997; amended October 6, 1998, effective November 24, 1998; amended March 5, 1999, effective March 5, 1999.

RULE 503. POST-TRIAL PROCEEDINGS.

(A) Findings of Fact and Conclusions of Law. Following the trial, the Court shall file its findings of fact and conclusions of law which shall be served on the Board and the Judicial Officer.

(B) Objections.

(1) The Board and the Judicial Officer may elect to file written objections which shall include the basis for the objections to the Court's findings and conclusions.

(2) Any objections shall be filed with the Court within 10 days of the entry of the findings and conclusions. The President Judge may for cause shown extend the time for filing objections.

(3) The Court may permit the Judicial Officer and the Board to present oral argument on any objections filed.

(C) Disposition of Objections.

(1) Findings of fact and conclusions of law shall become final:

(a) When no objections have been filed within the applicable time period; or

(b) When objections have been timely filed and the Court, either with or without oral argument, has ruled on the objections.

(2) In any case where objections have been filed, the Court shall enter an order disposing of the objections by affirming, modifying or vacating the findings and conclusions of law.

NOTE: This rule is derived from former interim Rule 26.

 
RULE 504. SANCTIONS.

(A) After findings of fact and conclusions of law become final pursuant to Rule 503, the Court shall hold a hearing in open court on the issue of sanctions.

(B) Following the sanction hearing, the Court shall enter a decision in writing containing the final findings of fact and conclusions of law and the sanction imposed. This decision shall constitute a final order of discipline pursuant to Article V, .18 of the Pennsylvania Constitution.

NOTE: This rule is derived from former interim Rule 27.

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995.

 
RULE 505. POST SANCTION PROCEEDINGS.

(A) When the Court includes as part of an order of discipline a period and conditions of probation, the Court shall retain the power to reconsider the sanction imposed if, after hearing, the Court determines that a judicial officer has violated the terms of probation.

(B) When the Board finds that the judicial officer has violated the conditions of probation, the Board shall file a Petition with the Court alleging such a violation. This Petition shall request a hearing and request the Court to provide the Board with any relevant material or other written information in possession of the Court.

(C) At any hearing held pursuant to Section B of this Rule:

(1) The Board shall have the burden of proving by clear and convincing evidence that the judicial officer failed to comply with one or more of the terms of probation.

(2) All testimony shall be under oath.

(3) The Board and the judicial officer shall be permitted to present evidence and examine and cross-examine witnesses.

(4) The judicial officer shall have the right to counsel.

(5) All hearings shall be public proceedings conducted pursuant to the Rules of this Court and in accordance with the principles of due process and the laws of evidence.

(D) When the Court learns that the judicial officer may not be in compliance with the conditions of said probation, and the Judicial Conduct Board has not already filed a Petition alleging failure to comply with a condition of probation, the Court may ask the Board to undertake an inquiry to determine whether a violation has occurred. If upon investigation the Board finds that the judicial officer has violated the terms of probation, the Board may file a Petition and the matter shall proceed pursuant to Sections B and C of this Rule. If after investigation the Board finds that the judicial officer has not violated the terms of probation, the Board may file a Report stating in detail the basis for that conclusion, and requesting the Court to order the inquiry concluded, ended, and terminated. Notwithstanding the Board's conclusion that no violation of probation has occurred, the Court may order a hearing to determine whether a violation has occurred.

(E) If, after hearing, the Court determines that the judicial officer has violated the terms of probation, the Court may reconsider the original sanction imposed, revoke probation, and impose any sanction it could have ordered initially in its discretion under Article V, .18(d)(1). If, after hearing, the Court concludes that the judicial officer has not violated the terms of probation, the Court shall enter an Order dismissing the allegation of violation.

(F) The Board and judicial officer shall serve each other with copies of any pleading filed with this Court under the provisions of this Rule.

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 1, 1994, effective January 1, 1995; amended November 21, 1997, effective January 6, 1998.

 
RULE 506. APPELLATE REVIEW.

Appellate review shall be governed pursuant to Rules promulgated by the Supreme Court.

NOTE: This rule is derived from former interim Rule 28.

Adopted March 16, 1994, effective March 16, 1994. Amended May 31, 1994, effective May 31, 1994; amended November 21, 1997, effective January 6, 1998.