Current through Register Vol. 54, No. 12, March 23, 2024
(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.
