Pennsylvania Code
Title 201 - RULES OF JUDICIAL ADMINISTRATION
Chapter 19 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS
CONTINUITY OF OPERATIONS, EMERGENCY ACTIONS, EMERGENCY UNITS AND JUDICIAL SECURITY
Rule 1952 - Emergency actions, duties and authorities
Universal Citation: 201 PA Code ยง 1952
Current through Register Vol. 54, No. 12, March 23, 2024
(a) Role of Supreme Court.
(1) In the event of an emergency that affects
court operations in the Commonwealth or in one or more judicial districts, the
Supreme Court shall have the authority to declare a judicial emergency
generally or in any judicial district affected by the emergency.
(2) By the declaration of a judicial
emergency, the Supreme Court may:
(A) suspend
or modify statewide or local procedural or administrative court
rules;
(B) suspend time
calculations for the purposes of time computation relevant to court cases or
other judicial business;
(C) direct
a court to sit in a location other than its normal place of operations,
including outside of its judicial district;
(D) assign judges or court personnel from
outside the affected judicial district;
(E) authorize additional uses of advanced
communication technology to conduct court proceedings;
(F) take any action listed in paragraph
(b)(2)(A)-(R) for an individual or multiple judicial districts; and
(G) take any other necessary administrative
action regarding judicial staff, court facilities and
operations.
(b) Role of the President Judge.
(1) In the event of an emergency, the
president judge may request authorization from the Supreme Court to declare a
judicial emergency in the judicial district. Such declaration shall remain in
effect until such time as it is amended, rescinded, modified or superseded by
order of the Supreme Court.
(2) If
the Supreme Court authorizes the president judge to declare a judicial
emergency in the judicial district, and unless limited by the Supreme Court,
the president judge shall have the authority to:
(A) order the closure of court facilities
until safe operations of the court and its offices can be restored;
(B) order the evacuation of court
facilities;
(C) direct the
relocation of court operations to safe locations;
(D) take necessary action to provide for (i)
the safety of court personnel, court users and the public, and (ii) the
security of court facilities, financial and cash operations, equipment and
records;
(E) establish a telephone
hotline or website to provide the bench, bar and the public with court and
emergency information;
(F) reassign
judges or court personnel within the judicial district as needed to ensure the
continuation of operations;
(G)
expand the duties and work hours of staff to handle emergency
matters;
(H) cancel or modify court
calendars, subpoenas or other court orders;
(I) cancel or suspend jury and non-jury
trials;
(J) cancel or suspend jury
duty;
(K) suspend or modify local
rules of court and administrative rules or procedures, including personnel
policies;
(L) suspend or modify the
time requirements and limitations established by local rule;
(M) make application to the Supreme Court to
temporarily suspend or modify statewide court rules as applied to any case or
cases in the judicial district;
(N)
provide for alternative signing, delivery and service of court documents and
orders;
(O) extend the duration of
any emergency or temporary order (for example, protection from abuse order)
issued by a judge or magisterial district judge in the judicial
district;
(P) assign custodial
responsibility for court funds;
(Q)
ensure compliance with any Federal, State or local emergency
declarations;
(R) order the full or
partial implementation of the continuity of operations plan established
pursuant to Pa.R.J.A. No. 1951; and
(S) request additional emergency judicial
orders from the Supreme Court as the needs of justice require.
(3) The president judge shall
immediately notify the Court Administrator of any emergency occurring within
his or her court or judicial district that causes the closure of court
facilities, causes the temporary suspension of court operations or causes the
full or partial implementation of the court's continuity of operations
plan.
(4) Requests for emergency
judicial orders pursuant to paragraphs (b)(1) or (b)(2)(S) shall be made to the
Court Administrator on a form substantially similar to the one appended to this
Rule. Upon receiving a request for an emergency judicial order, the Court
Administrator shall immediately transmit said request to (1) the Chief Justice
of Pennsylvania or another Justice designated by the Chief Justice and (2) to
the Supreme Court Prothonotary. Emergency judicial orders may be signed by the
Chief Justice or another Justice designated by the Chief Justice to handle
emergency applications for relief. Facsimile signatures may be used in lieu of
original signatures on emergency judicial orders. Objections to emergency
judicial orders from the Supreme Court shall be transmitted to the Supreme
Court Prothonotary in a manner prescribed by the Supreme Court.
(5) During an emergency, the provisions of
any statewide procedural rules that require submission of local rules,
including administrative orders, to the Supreme Court, the Administrative
Office of Pennsylvania Courts, a statewide procedural rules committee, or the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin, shall not apply to any local rules or administrative orders
issued in response to the emergency. The president judge of the affected
judicial district shall inform the Supreme Court of any local rule or
administrative order issued under this paragraph as soon as practicable.
(c) Role of the Court Administrator.
(1) The Court
Administrator shall render such assistance as practicable and proper to
judicial districts affected by an emergency and to assist in the continuity of
operations.
(2) The Court
Administrator shall coordinate efforts of the Unified Judicial System to
provide relief to judicial districts affected by an emergency, including
providing available resources and personnel from other judicial
districts.
(3) The Court
Administrator shall provide information concerning the emergency to appropriate
governmental and non-governmental entities in a timely manner.
(4) In the event the Court Administrator is
notified of an emergency that causes the temporary closure of court operations,
the Court Administrator shall immediately advise the Chief Justice of
Pennsylvania, the Governor, the President Pro Tempore of the Pennsylvania
Senate and the Speaker of the Pennsylvania House of Representatives of such
emergency.
(5) All requests for
emergency judicial orders submitted to the Supreme Court, all emergency
judicial orders issued by the Supreme Court, and all emergency judicial orders
issued by president judges shall, to the extent possible and practical under
the circumstances, be promptly and conspicuously posted on the Unified Judicial
System website.
(d) Role of the District Court Administrator.
(1) The district court administrator shall
assist the president judge in planning for emergencies and for the continuation
of court operations in the event of an emergency.
(2) In the event of an emergency, the
district court administrator shall assist the president judge in implementing
continuity of operations plans.
(3)
In the event of an emergency, unless otherwise specified in the continuity of
operations plan, the district court administrator shall:
(A) gather information from state and local
officials, health and safety personnel, and any other relevant individuals or
information sources to advise the president judge if the continuity of
operations plan should be activated;
(B) prepare the continuity of operations plan
notification for approval by the president judge and disseminate the
notification;
(C) coordinate court
personnel and resource deployment to an alternate facility;
(D) assist the sheriff and courthouse
security in the movement of jurors, prisoners and the public, and assist with
the general security of court and alternate facilities;
(E) ensure that all emergency judicial orders
are promptly posted conspicuously in the affected judicial district and that
they are transmitted to the Court Administrator in as prompt a manner as
circumstances permit;
(F) manage
alternate facility operations;
(G)
provide timely information to the president judge and Court Administrator on
the performance of court operations;
(H) ensure personnel issues are addressed and
resolved; and
(I) confirm and
communicate to the president judge when the emergency situation has
ended.
(4) Once normal
court operations are resumed, the district court administrator shall
communicate with judges, staff and other appropriate individuals and entities
to develop an after-action report to be transmitted to the Court Administrator
and in conjunction with the continuity of operations plan review mandated in
Pa.R.J.A. No. 1951(b)(4).
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