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