Current through Register Vol. 54, No. 45, November 9, 2024
(a)Purpose. The purpose of this rule is to establish standards and procedures under which the Court Administrator shall determine whether a judge may be reimbursed for the expense of attorney's fees incurred in connection with a criminal, disciplinary, or civil matter.(b) Requirements, Standards, and Decisions. (1)Mandatory requirements. A judge may be reimbursed for legal fees paid in the defense of a criminal action, disciplinary matter, or civil litigation only if the following criteria are met: (i) Notice must be given to the Administrative Office within a reasonable time after charges are filed or civil litigation is commenced.(ii) The criminal charges, allegations of judicial misconduct, or civil litigation must arise directly from the judge's performance of official duties.(iii) for criminal and disciplinary matters, the judge must be acquitted of the crimes or misconduct charged or the charges must have been dismissed or nolle prossed. In civil litigation, the judge must have received a favorable adjudication on the merits or a favorable settlement, or must otherwise have prevailed on account of a withdrawal of the proceedings.(iv) The legal expenses must be reasonable and necessary.(2)Decision of the Court Administrator.(i)Standard. If the mandatory requirements prescribed by subdivision (1) have been met, a request for reimbursement of attorney's fees may be approved only if the Court Administrator determines that the judge's conduct giving rise to the criminal charges, disciplinary matter, or civil litigation did not prejudice the proper administration of justice or bring the judicial office into disrepute.(ii)Factors to be Considered. In making the determination under subdivision (i), the Court Administrator shall consider the following: (A) Whether the allegations made against the judge had a reasonable basis in law and fact.(B) The quantity and quality of the evidence supporting allegations made against the judge.(C) Whether the conduct giving rise to the charges or litigation might properly subject the judge to discipline under Pa. Const. art. V, § 18(d)(1), irrespective of whether the judge's conduct prejudiced the proper administration of justice or brought the judicial office into disrepute.(D) Whether other charges or claims have been or are reasonably anticipated to be advanced against the judge arising out of the same conduct involved in the criminal, disciplinary, or civil matter and, if so, the nature and disposition of those proceedings.(iii)Procedural Requirements.(A) Under no circumstances shall the Court Administrator act upon a request for reimbursement of counsel fees incurred by a judge until he or she has determined that all possible criminal and disciplinary issues related to the matters involved in the case have been finally concluded in all for a having proper jurisdiction over the judge and a full evaluation of any such additional criminal or disciplinary matter has been made.(B) A judge who seeks reimbursement of attorney's fees shall be required to waive confidentiality so that the Judicial Conduct Board and other proper authorities are able to share with the Court Administrator all information relating to actual or potential disciplinary action against the judge. If the judge does not waive confidentiality, the Court Administrator shall deny the judge's request for reimbursement.(C) In determining under this part whether a judge should be reimbursed attorney's fees incurred in the successful defense against criminal or disciplinary charges, the Court Administrator may rely upon the same information that was available to the Judicial Conduct Board and other proper authority and may consider the evaluation of that information and its determination by the Judicial Conduct Board or other proper authority, as well as any determination made by the Court of Judicial Discipline or other tribunal.(c) Subject to review and approval by the Supreme Court, the Court Administrator shall establish and periodically revise a maximum hourly rate for counsel fee reimbursement and shall develop policies necessary to implement the provisions of this Rule.(d) If a claim for reimbursement is denied in whole or in part, a judge shall have the right to be heard by a hearing examiner designated by the Court Administrator. The hearing examiner shall issue findings of fact and conclusions of law. Findings of fact by the hearing examiner shall be made based on the standard of preponderance of the evidence. Appeals from the decision of a hearing examiner shall be as provided by law.The provisions of this Rule 1922 adopted June 23, 2011, effective immediately, 41 Pa.B. 3719; amended December 29, 2015, effective immediately, 46 Pa.B. 330.Amended by Pennsylvania Bulletin, Vol 53, No. 31. August 5, 2023, effective 8/5/2023