RULE 601. MENTAL OR PHYSICAL DISABILITY.

Whenever a Board Complaint alleges that a Judicial Officer is physically or mentally disabled, or whenever, after the filing of a Board Complaint, an issue is raised concerning a Judicial Officer's physical or mental disability, the Court may take one or more of the following actions:

(A) The Court may appoint a lawyer to represent the Judicial Officer if the Judicial Officer is without representation.

(B) Upon the Court's own motion or upon motion of the Board or counsel for the Judicial Officer, the Court may order a physical, psychiatric, or psychological examination of the Judicial Officer. The Court may appoint one or more professionals to examine the Judicial Officer and prepare a report. A copy of the Report shall be given to the Judicial Officer. The Judicial Officer's unexplained failure to submit to a physical, psychiatric, or psychological examination required by the Court may be considered as evidence of physical or mental disability.

(C) If, after hearing, the Court determines that the Judicial Officer's physical or mental disability renders him or her unable to defend against the Board Complaint, the Court may defer any further proceedings until the Court determines, after hearing, that the Judicial Officer is able to defend against the Board Complaint. The Court may also enter an order transferring the Judicial Officer to judicial inactive status.

(D) If the Board Complaint includes a certified copy of another court's order declaring the Judicial Officer incompetent, or involuntarily committing a Judicial Officer, the Court shall enter an order immediately transferring the Judicial Officer to judicial inactive status. The Court shall serve a copy of the transfer order upon the Judicial Officer, any guardian, and the director of any institution to which the Judicial Officer may be committed.

(E) The Judicial Officer transferred to inactive status pursuant to this rule must file a petition with the Court requesting permission to resume active status.

NOTE: This rule is derived from former interim Rule 29.

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

 
RULE 701. OTHER RELIEF GENERALLY.

Whenever the Board or a Judicial Officer seeks relief on grounds other than by the filing of formal charges pursuant to Article V, .18(b)(5) of the Pennsylvania Constitution, it shall be initiated by a Petition for Relief as provided in this Chapter.

NOTE: This rule is derived from former interim Rule 30.

Adopted May 31, 1994, effective May 31, 1994. Amended November 1, 1994, effective January 1, 1995. Amended October 23, 2001, effective December 5, 2001.

 
RULE 702. CONTENTS OF PETITION.

A Petition for Relief filed with the Court shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. A copy of the petition shall be served on the opposing party concurrently with the filing of the petition. A petition may be made in the alternative and pray for such alternative relief as may be appropriate. A request for more than one type of relief may be combined in the same petition. The petition shall state whether an evidentiary hearing or oral argument before the Court is requested.

NOTE: This rule is derived from former interim Rule 30.

Adopted May 31, 1994, effective May 31, 1994. Amended November 1, 1994, effective January 1, 1995.

 
RULE 703. ANSWER.

Any party may file an answer to the petition within 14 days after service of the petition unless the Court shortens or lengthens the time for answering such petition.

NOTE: This rule is derived from former interim Rule 30(B).

Adopted May 31, 1994, effective May 31, 1994. Amended March 23, 1998, effective June 3, 1998.

 
RULE 704. CONFERENCE JUDGE.

The President Judge may appoint a member of the Court to serve as Conference Judge on the case as provided by the rules of Chapter 3.

Adopted October 23, 2001, effective December 5, 2001. Amended October 16, 2002, effective October 16, 2002.

 
RULE 705. HEARING OR ARGUMENT

(A) The Conference Judge may schedule argument or an evidentiary hearing on the petition.

(B) The President Judge may schedule argument before the full Court on the petition.

(C) Any decision on the petition shall be made by the full Court.

Adopted October 23, 2001, effective December 5, 2001.

 
RULE 706. VERIFICATION.

A petition or answer which sets forth facts which do not already appear of record, shall be verified by the party filing it or by counsel for the Board, subject to penalties for unsworn falsification to authorities under the Crimes Code, 18 Pa.C.S.§4904.