Pennsylvania Code
Title 207 - JUDICIAL CONDUCT
Part IV - COURT OF JUDICIAL DISCIPLINE
Article IV - INTERNAL OPERATING PROCEDURES
Chapter 21 - INTERNAL OPERATING PROCEDURES
GENERAL PROVISIONS
Section 107 - Opinions and Orders of Court

(1) Assignment. The President Judge, or the Presiding Judge, shall assign to the Conference Judge the duty to draft a majority opinion, unless, following preliminary deliberations by the Judges, the Conference Judge does not agree with the majority of Judges with regard to disposition of the matter. In such case, the President Judge, or the Presiding Judge, shall assign one of the Judges in the majority to draft the majority opinion.

(2) Circulation. When the Judge to whom a matter has been assigned for opinion writing has prepared an opinion, the Judge shall direct the Court Administrator to forward the draft opinion to the other Judges participating in the decision-making process. The draft shall bear a cover sheet that shall include a standardized form requesting the responding Judges to inform the Court Administrator of their agreement or disagreement with the opinion as well as any suggestions they desire to make with regard to the draft opinion. The form shall provide a choice for response as follows: Join, Concur in Result, Will Write a Concurring Opinion, Dissent, Will Write a Dissenting Opinion.

(3) Responding. Judges shall respond to a circulating opinion within 14 days, unless the responding Judge requests and obtains from the authoring Judge an extension of time to respond.

(4) Concurrences and Dissents.

(5) Reassignment. When draft opinions have been circulated and a majority of Judges either (1) dissent to the draft majority opinion or (2) vote in accordance with a concurring or dissenting opinion, the author of the original draft majority opinion shall request the President Judge, or Presiding Judge to reassign the matter to a Judge whose vote is in the majority or to the author of the draft opinion that has garnered a majority of votes, who shall submit his or her draft to the Court Administrator as the new majority opinion, to be circulated in accordance with these provisions.

(6) Revisions of Opinions after Filing. When, after the filing of an opinion, whether the opinion is a majority or concurring or dissenting opinion, the authoring Judge determines that a change to the opinion is warranted, the authoring Judge shall circulate a proposed order to the members who participated in the decision-making process which shall:

(7) Notations of concurring or dissenting Judges. Whenever a Judge concurs in the result of a majority opinion or dissents to the majority opinion, said notation shall be indicated at the bottom of the last page of the majority opinion in the following exemplary style: Judge Smith dissents/concurs in the result; Judge Smith files a dissenting/concurring opinion. The accompanying concurring or dissenting opinion shall begin in the following exemplary style: Judge Smith dissenting/concurring.

(8) Panel Decisions.

(1) Applicability. This provision shall govern this issuance of all orders of the Court except those issued by Conferences Judges in the exercise of the duties with which they are empowered.

(2) When the Court determines that the issuance of an order regarding a pending matter is warranted, and when the matter requires a majority vote of the full Court, the President Judge, or the Presiding Judge, shall cause to be distributed for vote by the Court a proposed per curiam order.

(3) Circulation of Proposed Per Curiam Orders. The President Judge, or the Presiding Judge, shall direct the Court Administrator to provide a response sheet with each proposed per curiam order upon which each Judge shall respond as to whether or not he or she is in agreement with the proposed order. The response sheet shall indicate the date by which a response is directed to be forwarded. Responses shall be returned to the Court Administrator, who shall keep the President Judge, or the Presiding Judge informed as to the status of votes.

(4) Whenever a Judge concurs with or dissents from an order that is not accompanied by an opinion, his or her concurrence or dissent shall be noted on the order. In such case, no concurring or dissenting opinion may be included.

(5) When a Judge concurs with or dissents from an order that is accompanied by an opinion, his or her concurrence or dissent shall be noted on the opinion as directed by subsection A(7) of this I.O.P. and shall not be noted on the order.