201 Pa. Code r. 607 - Acts of assembly suspended
All Acts of Assembly or parts thereof inconsistent with Rules 601 through 606 of the Rules of Judicial Administration are suspended to the extent of such inconsistency.
Official Note
The text of this rule is derived from Rule 81 of the Rules Governing Standards of Conduct of Magisterial District Judges, rescinded March 26, 2015, effective immediately.
Notes
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(a) Changes to the boundaries of a magisterial district, or the elimination or creation of a magisterial district, shall be subject to the provisions within this rule.
(b) Notice. Each of the following provisions relating to notice shall apply:
(1) Written notice of the proposed change in boundaries or elimination or creation shall be provided to all magisterial district judges in the county and to each municipality and police department contained in each of the affected districts.
(2) Notice of the proposal shall be provided to the public by posting the proposal on the court or county official website and by any additional means that the president judge deems appropriate. The notice must be placed at least 30 days before the submission of the petition to the Court Administrator and must invite members of the public to provide written comment on the proposal. Any comments received must be attached to the petition.
(3) A magisterial district judge from any district whose boundaries will change or whose district will be eliminated as a result of the proposal shall provide a written statement that indicates whether the judge supports or opposes the recommendation. These statements shall be attached to the petition. If a judge affected by the proposed realignment fails to submit such a statement to the president judge within 30 days of the distribution of the written notice in subdivision (b)(1), the president judge shall note this fact in the petition.
(c) Petition. A petition containing the proposal shall be submitted to the Court Administrator , with a copy sent to all affected magisterial district judges, and to any municipality contained in any affected magisterial district. The petition shall contain:
(1) a statement of the reasons for the proposed realignment or creation or elimination;
(2) an assessment of the impact of the realignment on public convenience and access to the court;
(3) a copy of the statements of all affected magisterial district judges as to their position regarding the realignment, or a notation that any magisterial district judge declined to provide such a statement; and
(4) a copy of the public notice that was posted regarding the proposal and copies of all comments received.
(d) Standards. The following standards are intended to guide president judges as to factors which the Supreme Court may consider in disposition of the petition:
(1) No change shall materially restrict or diminish public access to the courts.
(2) No change may create a situation such that the residence of a commissioned magisterial district judge is outside of the district from which he or she was elected.
(3) No change shall result in the court facility of a magisterial district judge being outside the boundaries of the district unless approval has been granted by the Supreme Court pursuant to Rule 606 (Establishment of Offices and Minimum Standards for Court Facilities used by a Magisterial District Judge ).
(4) Other than in connection with decennial reestablishment in the year following the reporting of the official U.S. Census, no petition for change of boundaries or creation or elimination of a district may be filed in a year in which the judgeship in a district affected by the change is scheduled to appear on the ballot.
(e) Statements in Opposition. A statement in opposition to the petition may be submitted to the AOPC by any interested party within 30 days of the submission of the original petition. Any statement should contain a concise statement of reasons why the petition should be denied and should reference the standards listed below. A copy of the statement shall be sent to the president judge .
(f) Review. The Court Administrator shall review the petition to determine if it complies with the provisions of this rule. A petition that complies with the rule will be forwarded to the Supreme Court for consideration, along with any statements of opposition submitted and a recommendation from the Court Administrator .
(g) Implementation. Following the approval of a petition, the president judge shall consult with all affected magisterial district judges to ensure that the changes are implemented without undue disruption to the business of the courts.