Pennsylvania Code
Title 210 - APPELLATE PROCEDURE
Part III - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE
Chapter 101 - APPEALS FROM THE COURT OF JUDICIAL DISCIPLINE
SPECIAL TRIBUNALS
Section 101.10 - Vacancy on Special Tribunal
Universal Citation: 210 PA Code ยง 101.10
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Whenever a vacancy on a Special Tribunal occurs, all proceedings in and any consideration of the matter on appeal shall be stayed until the vacancy is filled.
(b) Procedure
(1) Whenever a vacancy occurs on a Special
Tribunal while the appeal before that Tribunal is pending, the Special Tribunal
shall immediately notify the Court Administrator of Pennsylvania.
(2) Upon receiving notice of a vacancy, the
Court Administrator of Pennsylvania shall immediately set a date, time and
location for the selection of a judge to fill the vacancy, which selection
shall take place no later than twenty (20) days after notice from the Special
Tribunal. The selection proceeding shall be open to the public.
(3) The judge shall be chosen by lot from a
list of the judges of the Superior and Commonwealth Courts who are on regular
and active duty. The list shall not include the seven (7) judges originally
selected or those judges specified in Section 101.8(b)(1) and (2).
(4) If, for whatever reason, less than seven
(7) judges of the Superior and Commonwealth Courts are available to serve on a
Special Tribunal, then those judges available to serve shall serve on the
Special Tribunal. Decisions shall be by majority vote of those serving. An
evenly divided Special Tribunal shall result in an affirmance of the decision
and Order of the court below.
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