Current through Register Vol. 54, No. 50, December 14, 2024
Rule 606 - Establishment of Offices and Minimum Standards for Court Facilities Used by a Magisterial District Judge(a) The governing body of the county shall establish a court facility for each magisterial district judge whose magisterial district is situated in the county at such locations within the county as may be approved by the president judge.(b) The governing body shall, insofar as possible, ensure that each facility meets all the following minimum standards: (1) The facility shall be located in a place that is convenient to the public and allows the business of the court to be conducted with dignity, decorum, safety, and dispatch.(2) Such facility shall not be located in or appurtenant to the residence or place of business of the magisterial district judge. It shall have a courtroom and such other rooms as may be necessary and shall be provided with necessary furniture and equipment.(3) A magisterial district judge shall be provided with such staff, forms, supplies, and equipment as shall be necessary for the proper performance of the judge's duties. To maintain the dignity of the office, the judge shall be provided with judicial robes.(c) The court facility of a magisterial district judge may, with the approval of the Supreme Court, be located outside of the boundaries of the magisterial district from which the judge is elected, upon petition of the president judge of the judicial district, subject to the following provisions: (1)Notice. Each of the following provisions relating to notice shall apply: (i) Written notice of the proposed relocation shall be provided to all magisterial district judges in the county, the local bar association, and to each municipality and police department in each of the affected districts.(ii) 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 and must invite members of the public to provide written comment on the proposal.(iii) If the relocation is to a facility to be occupied by more than one magisterial district judge, the magisterial district judge from any of the districts to be combined shall provide a written statement whether the judge supports or opposes the relocation within 30 days of the distribution of the written notice in subdivision (c)(1)(i).(2)Petition. Petitions for approval of a relocation of a magisterial district judge's court facility outside of the magisterial district from which the judge has been elected shall be submitted to the Court Administrator, with a copy sent to all affected magisterial district judges, and to any municipality contained in the affected magisterial district. The petition shall contain all the following: (i) A certification that the proposed location is more suitable or affordable than the facilities that are available within the magisterial district from which any relocated judge is elected.(ii) An assessment of the impact of the relocation on public convenience and access to the court.(iii) An assessment of the impact of the relocation on court security.(iv) An estimate of the fiscal impact of the relocation.(v) If the relocation combines more than one magisterial district judge in a single facility, the proposed floor plan of the combined court facilities.(vi) A copy of the statements of all affected magisterial district judges as to their position regarding the relocation or a notation that any magisterial district judge declined to provide such a statement.(vii) A copy of the public notice that was posted regarding the proposal and copies of any comments received.(3)Standards. The following standards are intended to guide president judges as to factors that the Supreme Court may consider in disposition of the petition:(i) Relocation of the court facility would not cause inconvenience or confusion to the public or to law enforcement.(ii) The district into which any judge's facility is relocated is adjacent to the district from which that judge is elected.(iii) If the relocation combines more than one magisterial district judge in a single facility, adequate facilities and staff shall be provided for each judge to enable them to perform the business of each court and ensure that proper fiscal controls are in place.(iv) No more than three judges shall be located in the same consolidated court facility.(v) The president judge certifies that the proposed location is more suitable or affordable than the facilities that are available within the magisterial district from which the judge is elected.(4)Statements in Opposition. Statements in opposition to the petition may be submitted to the Court Administrator 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 in subdivision (c)(3). A copy of any statement shall be sent to the president judge.(5)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.(6)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.Amended by Pennsylvania Bulletin, Vol 53, No. 31. August 5, 2023, effective 8/5/2023