Current through Register Vol. 54, No. 45, November 9, 2024
Rule 701 - Assignment of Judges to Courts(a)Conditions Applicable for the Certification of Senior Magisterial District Judges, Judges , or Justices.(1) To be eligible for senior certification, a magisterial district judge, judge , or justice: (i) shall have served as a magisterial district judge, judge , or justice, whether or not continuously or on the same court, by election or appointment for an aggregate period equaling ten years;(ii) shall not have been defeated for reelection or retention; and(iii) shall be at least sixty-five years of age on the date on which he or she begins senior service, or have a combination of years of judicial service plus age that totals at least seventy for magisterial district judges or at least eighty for judges and justices. However, this subdivision shall not apply to those serving in senior status as of January 4, 2010.(2) In addition to subdivision (a)(1), any duly elected magisterial district judge, judge , or justice, having an aggregate of five years of judicial service, who is required to retire due to mandatory retirement age, shall be eligible for certification.(3) Judges seeking senior status must apply for such status immediately upon retirement. Thereafter, requests for senior status shall be granted only upon application to and approval by the Supreme Court, which approval will be granted only upon a showing of compelling and exceptional circumstances.(4) Senior status shall end on the last day of the calendar year in which a magisterial district judge, judge , or justice attains age seventy-eight.(5) For certification of senior status, a magisterial district judge, judge , or justice shall verify such additional information as required by the application for certification forms authorized under subdivision (b) below.(6) A magisterial district judge, judge , or justice may only be certified for senior status for a maximum of ten years from the date on which the judge became eligible to serve , absent extraordinary circumstances, as determined by the Chief Justice. However, those serving in senior status as of January 1, 2008 may continue to serve until subject to the age limit of subdivision (4) above.(7) Certification of a magisterial district judge, judge , or justice for senior status shall be subject to the pleasure of the Supreme Court. The Supreme Court at any time, in the exercise of its sole discretion, may rescind or revoke a senior certification.(b)Certification of Senior Magisterial District Judges, Judges , and Justices. The Administrative Office shall promulgate application forms, as approved by the Supreme Court, for certification of senior magisterial district judges, judges , and justices. A former or retired magisterial district judge, judge , or justice who requests assignment to temporary judicial service shall file the application for certification form with the Administrative Office, and, upon approval, shall be eligible for judicial assignment. Failure to comply with the provisions contained in the application form may result in the immediate revocation of senior certification. (c)Request for the Assignment of Additional Magisterial District Judges or Judges.(1)Request for Assignment. Whenever a president judge deems additional judicial assistance necessary for the prompt and proper disposition of court business, the president judge's proxy shall transmit a formal request for judicial assistance to the Administrative Office. The request may be made in writing or it may be transmitted electronically. An electronic request for judicial assistance shall be accomplished through a secure program developed by the Administrative Office for this purpose.(2)Recommendation by the Court Administrator and Action by Chief Justice. Upon the recommendation of the Court Administrator, the Chief Justice may, by order, assign any retired, former, or active magisterial district judge, judge , or justice to temporary judicial service on any court to fulfill a request by a president judge, or to reduce case inventories, or to serve the interest of justice. The order entered by the Chief Justice may be electronically transmitted to the Administrative Office for processing. Orders entered pursuant to this subdivision may be transmitted by the Administrative Office to the Supreme Court prothonotary in hard copy or electronically. Electronically transmitted orders shall be docketed by the Supreme Court prothonotary in the same manner as hard copy orders. Electronically transmitted orders need not be printed by the Supreme Court prothonotary unless a request for public review is made.(3)Duration of Assignment. Unless otherwise provided in the order of assignment, the order shall continue in effect after its stated expiration date until unfinished business pending before the assigned judge is completed.(4)Certification of Service. The president judge of a district to which a magisterial district judge or judge has been temporarily assigned under this rule shall certify to the Administrative Office, on a certificate completed and signed by the assigned magisterial district judge or judge, the number of days of temporary judicial service and the amount of any compensation to which the assigned judge is entitled.(5)Expenses of Assigned Judges. All judges assigned to duties outside of their judicial districts may, in addition to any per diem payment authorized by law, be reimbursed with the approval of the Court Administrator for necessary expenses, including hotel accommodations and meals, incident to such duties.(6)Temporary Judicial Assignments to the Supreme Court. Requests for temporary judicial assistance to the Supreme Court shall be governed by Section 13 of the Supreme Court's Internal Operating Procedures, Temporary Judicial Assignments to the Supreme Court, as amended from time to time.(d)Judicial Assignment Records. The Administrative Office shall maintain records of certification applications and assignments to temporary judicial service.(e)Regional Administrative Units.(1) Judicial districts through their president judges may petition the Supreme Court for approval to combine with other districts to form regional administrative units that provide for the assignment of magisterial district judges and judges to any other judicial district in the unit. Upon annual approval by the Supreme Court, magisterial district judges and judges, when so assigned, shall exercise the same power and authority as vested in a magisterial district judge or judge of that judicial district.(2) In cases where a judge serving in a Regional administrative unit has been disqualified , the assignment of another judge to the case generally should be made through the Regional Administrative Unit, but in no case shall a recusing judge select the replacement. In exceptional cases where the president judge of the judicial district in which the case arises has determined that the interests of justice require the appointment of a judge from outside of the Regional Administrative Unit, a request shall be made to the Administrative Office for the appointment of a judge.(3) Each regional administrative unit shall file with the Administrative Office a quarterly report of all assignments that occurred within the unit for that period.(4) Each regional administrative unit shall have an administrative judge who shall be responsible for coordinating the unit assignments, scheduling meetings of the unit, and submitting the quarterly reports.(f)Suitable Facilities and Staffing for Senior Common Pleas Judges. Suitable facilities and adequate staff are to be provided for senior judges, the parameters of which are to be determined and promulgated by the Administrative Office.The provisions of this Rule 701 adopted and effective 10/10/1966; renumbered from Supreme Court Rule 79 by Order dated March 15, 1972; amended and effective 2/20/1975; amended October 5, 1977, effective 10/5/1977, 7 Pa.B. 3056; amended August 1, 1980, effective 8/2/1980, 10 Pa.B. 3164; amended April 29, 1998, effective immediately, 28 Pa.B. 2283; amended December 8, 1998, effective 1/1/1999, 28 Pa.B. 6290; amended May 28, 1999, effective 5/29/1999, 29 Pa.B. 2766; amended April 18, 2002, effective 1/6/2003, 32 Pa.B. 2196; amended January 10, 2003, effective immediately 33 Pa.B. 634; amended November 20, 2007, effective immediately, 37 Pa.B. 6385; amended December 27, 2007, effective 1/1/2008, 38 Pa.B. 220; amended December 17, 2009, effective 1/1/2010, 40 Pa.B. 19; amended June 10, 2013, effective immediately, 43 Pa.B. 3327; amended March 17, 2016, effective immediately, 46 Pa.B. 1781; amended January 12, 2018, effective immediately, 48 Pa.B. 595; amended June 18, 2019, effective immediately, 49 Pa.B. 3469; amended May 23, 2019, effective 1/6/2020, 49 Pa.B. 2911; amended April 1, 2020, effective immediately, 50 Pa.B. 2012.Amended by Pennsylvania Bulletin, Vol 53, No. 31. August 5, 2023, effective 8/5/2023