Opinion
No. 366.
June 23, 2011.
Judicial Administration Docket.
ORDER
AND NOW, this 23rd day of June, 2011, IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 1920-1922 of the Pennsylvania Rules of Judicial Administration are adopted in the attached form.
To the extent that notice of proposed rulemaking may be required by Pa.R.J.A. No. 103, the immediate promulgation of Pa.R.J.A. Nos. 1920-1922 is found to be in the interests of justice and efficient administration.
This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective immediately.
PENNSYLVANIA RULES OF JUDICIAL ADMINISTRATION CRIMINAL AND DISCIPLINARY MATTERS AGAINST JUDGES
RULE 1920. DEFINITIONS
"Disciplinary matter." Any matter arising under Pa. Const. Art. V, § 18.
"Judge." Includes any appointed or elected justice, judge or magisterial district judge of the unified judicial system.
RULE 1921. NOTICE TO THE CHIEF JUSTICE
Whenever a judge receives notice that he or she is the subject of any federal or state criminal investigation or prosecution through a target letter, a subject letter, a presentment, an indictment, an arrest, a summons, a complaint, or by any other legal process, the judge must report the receipt of such notice in writing to the Chief Justice within five (5) days.
RULE 1922. COUNSEL FEES
(A) Criminal matters
A judge may be reimbursed for legal fees paid in the defense of a criminal action only if the following criteria are met:
Note: See Yurgosky v. Commonwealth of Pa., Administrative Office of Pa. Courts, 554 Pa. 533, 722 A.2d 631 (1998).
(1) Notice must be given to the Administrative Office of Pennsylvania Courts within a reasonable time after the charges are filed.
(2) The criminal charges must arise directly from the judge's performance of his or her official duties.
(3) The judge must be acquitted of the crimes charged or the charges must have been dismissed or nolle prossed.
Note: Reimbursement of counsel fees is not permitted in cases resolved through participation in pre-trial diversionary programs, through negotiated pleas, or by participation in Accelerated Rehabilitative Disposition (ARD) programs. See Yurgosky, 554 Pa. at 545 n. 15, 722 A.2d at 637 n. 15.
(4) The legal expenses must be reasonable and necessary.
(B) Disciplinary matters
A judge may be reimbursed for legal fees paid in the defense of a judicial disciplinary matter only if the following criteria are met:
(1) Notice must be given to the Administrative Office of Pennsylvania Courts within a reasonable time after the charges are filed.
(2) The allegations of judicial misconduct must arise directly from the judge's performance of his or her official duties.
(3) The judge must be acquitted of the misconduct charges, or the charges must have been dismissed or nolle prossed.
Note: This does not include any rehabilitative or other diversionary programs, or resolution through a "letter of counsel."
(4) The legal expenses must be reasonable and necessary.
(C) The Court Administrator shall establish and periodically revise a maximum hourly rate for counsel fee reimbursement and shall develop policies necessary to implement the provisions of this Rule.
(D) If a claim for reimbursement is denied in whole or in part, a judge shall have the right to be heard by a hearing examiner designated by the Court Administrator. The hearing examiner shall issue findings of fact and conclusions of law. Appeals from the decision of a hearing examiner shall be as provided by law.
Note: See Yurgosky, 554 Pa. at 546, 722 A.2d at 637; 42 Pa.C.S. § 763(a)(1).Comment: In disciplinary matters, judges should contact the Administrative Office of Pennsylvania Courts before retaining counsel if a Notice of Full Investigation by the Judicial Conduct Board has not been issued.