Pa. Code tit. 207, pt. II, ch. 51, PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES, Terminology

Current through Register Vol. 54, No. 49, December 7, 2024
Terminology

Aggregate-In relation to contributions for a candidate, includes contributions in cash or kind made directly to a candidate's campaign committee or indirectly with the understanding that they will be used to support the election of a candidate or to oppose the election of the candidate's opponent.

Appropriate authority-The authority having responsibility for initiation of disciplinary process in connection with the violation to be reported.

Contribution-Both financial and in-kind contributions, such as professional or volunteer services, advertising, and other assistance, which if otherwise obtained, would require a financial expenditure.

Domestic partner-A person with whom another person maintains a household and an intimate relationship, other than a person to whom he or she is legally married.

Economic interest-More than a de minimis legal or equitable ownership interest. Except for situations in which the magisterial district judge participates in the management of such a legal or equitable interest, or the interest could be substantially affected by the outcome of a proceeding before a magisterial district judge, it does not include:

(1) an interest in the individual holdings within a mutual or common investment fund;
(2) an interest in securities held by an educational, religious, charitable, fraternal, or civic organization in which the magisterial district judge or the magisterial district judge's spouse, domestic partner, parent, or child serves as a director, an officer, an advisor, or other participant;
(3) a deposit in a financial institution or deposits or proprietary interests the magisterial district judge may maintain as a member of a mutual savings association or credit union, or similar proprietary interests; or
(4) an interest in the issuer of government securities held by the magisterial district judge.

Fiduciary-Includes relationships such as executor, administrator, trustee, or guardian.

Impartial, impartiality, impartially-Absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before a magisterial district judge.

Impending matter-A matter that is imminent or expected to occur in the near future.

Impropriety-Includes conduct that violates the law, court rules, or provisions of these Conduct Rules, and conduct that undermines a magisterial district judge's independence, integrity, or impartiality.

Independence-A magisterial district judge's freedom from influence or controls other than those established by law or Rule.

Integrity-Probity, fairness, honesty, uprightness, and soundness of character.

Judicial candidate-Any person, including a sitting magisterial district judge, who is seeking appointment or election to judicial office. A person becomes a candidate for judicial office as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the appointment or election authority, or where permitted, engages in solicitation or acceptance of contributions or support, or is nominated for appointment or election to office.

Knowingly, knowledge, known, and knows-Actual knowledge of the fact in question. A person's knowledge may be inferred from the circumstances.

Law-Refers to constitutional provisions, statutes, decisional law, Supreme Court Rules and directives, including these Conduct Rules and the Unified Judicial System Policy of Non-Discrimination and Equal Opportunity, and the like which may have an effect upon judicial conduct.

Member of the candidate's family-The spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the candidate maintains a close familial relationship.

Member of the magisterial district judge's family-The spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the magisterial district judge maintains a close familial relationship.

Member of the magisterial district judge's family residing in the magisterial district judge's household-Any relative of a magisterial district judge by blood or marriage, or a person treated by a magisterial district judge as a member of the magisterial district judge's family, who resides in the magisterial district judge's household.

Nonpublic information-Information that is not available to the public. Nonpublic information may include, but is not limited to, information that is sealed by statute or court order or impounded or communicated in camera, and information offered in grand jury proceedings, presentence reports, dependency cases, or psychiatric reports.

Party-A person or entity who has a legal interest in a court proceeding.

Pending matter-A matter that has commenced and continuing on until final disposition.

Personally solicit-A direct request made by a magisterial district judge or a judicial candidate for financial support or in-kind services, whether made by letter, telephone, or any other means of communication.

Political organization-A political party or group sponsored by or affiliated with a political party or candidate, the principal purpose of which is to further the election or appointment of candidates for political office, excluding a judicial candidate's campaign committee created as authorized by these Conduct Rules.

Public election-Includes primary, municipal, and general elections, partisan elections, and nonpartisan elections.

Third degree of relationship-Includes the following persons: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece.

Pa. Code tit. 207, pt. II, ch. 51, PENNSYLVANIA RULES FOR MAGISTERIAL DISTRICT JUDGES, Terminology