Current through Register Vol. 54, No. 45, November 9, 2024
Rule 706 - Designation of Chief Justice and President Judges(a)Courts of Seven or Less Judges. The Chief Justice and president judges shall be the judges longest in continuous service.(b)Courts of Eight or More Judges. President judges shall be selected for five-year terms by the members of their respective courts. No president judge may serve more than one term without an intervening full elected term served by another president judge.(c)Changes in Size of Court.(1)Increasing to Eight or More Judges. The incumbent president judge shall continue in the leadership role for a period of five years from the effective date of an expansion.(2)Decreasing to Seven or Less Judges. The incumbent president judge shall continue in the leadership role throughout the unexpired portion of that judge's term as president judge. Any vacancy during that time or at the conclusion of that term shall be filled by the judge longest in continuous service on the court, per subdivision (a).(d)Leadership Resignation. The Chief Justice or a president judge may resign from the leadership role and remain a member of the court.(e)Temporary Inability.(1) If the Chief Justice or a president judge is temporarily unable to perform the leadership duties, those duties shall be performed by the next-most senior judge as determined by Rule 705.(2) Alternatively, a president judge may designate an acting president judge for a period of not more than 90 calendar days. This appointment shall lapse when the president judge is able to resume the leadership duties. If the president judge remains unable to perform those duties after the period of the acting president judge's appointment: (i)Courts of Seven or Less Judges. The judge next greater in seniority shall become (or continue to serve as) acting president judge until the president judge is able to resume the leadership duties.(ii)Courts of Eight or More Judges. An election shall be held for an acting president judge to serve until the president judge is able to resume the leadership duties. Should the president judge's inability to perform the leadership duties remain unresolved, the acting president judge shall serve until the end of the president judge's term.(f)Selection Procedures. Each court selecting a president judge shall do so at a meeting. (1)Time of Meeting. In the following circumstances, the time of the meeting shall be as provided below. (i)Expiration of Incumbent President Judge's Five-Year Term. The court shall meet on the tenth day (Sundays excepted) preceding the expiration of the term of office of the incumbent president judge.(ii)Interim Vacancies. The court shall meet on the tenth day (Sundays excepted) immediately following the death, resignation, removal, or mid-term retirement of the president judge.(2)Place of Meeting.(i) The court shall meet in a courtroom or meeting room designated by the commissioned judge with the greatest seniority, as determined by Rule 705.(ii) Alternatively, another time and place may be fixed by a majority of the commissioned judges. All commissioned judges must be given at least 72 hours' prior written notice of the time and place of the meeting.(3)Certificate of Results. The judge presiding at the meeting shall execute a certificate of the results of the balloting on a form provided by the Administrative Office. This judge shall file a copy in the office of the clerk or prothonotary of the court and shall transmit the original, showing evidence of such filing, to the Administrative Office.(4)Tie Vote. Upon receipt of a certificate reflecting a tie vote, the Administrative Office shall forward the certificate to the Supreme Court. The Supreme Court will select a president judge from among the judges receiving the highest number of votes. The Supreme Court will then indicate its choice on the certificate and will return that document to the Administrative Office. The Administrative Office shall transmit a copy of the completed certificate to the office of the appropriate clerk or prothonotary for filing as provided in subdivision (3).(g)Maintenance of Records. The Administrative Office shall maintain records of the designation of the Chief Justice and president judges, the term of years if any, and all other pertinent, related information. The Administrative Office shall also: (1) notify the judges of a court of the fact of the expiration of the term of office of a president judge at least 30 days prior to the expiration; and(2) furnish the Department of State with such information as may be required to enable the Governor to duly commission a Chief Justice or president judges in the manner provided by the Constitution of Pennsylvania and this Rule.The provisions of this Rule 706 adopted January 18, 1973, 3 Pa.B. 157; amended April 25, 1980, effective 4/25/1980, 10 Pa.B. 1859; amended May 9, 1990, effective immediately, 20 Pa.B. 2893 and 20 Pa.B. 2894; amended May 8, 1991, effective immediately, 21 Pa.B. 2453; amended January 12, 2018, effective immediately, 48 Pa.B. 595; amended June 14, 2018, effective immediately, 48 Pa.B. 3847.Amended by Pennsylvania Bulletin, Vol 53, No. 31. August 5, 2023, effective 8/5/2023