RULES OF THE PHILADELPHIA MUNICIPAL COURT
ESTABLISHING STANDARDS AND PROCEDURES FOR THE
APPOINTMENT AND AUTHORITY OF
ARRAIGNMENT COURT MAGISTRATES
An independent and honorable judiciary is indispensable to justice. Arraignment Court Magistrates exercise important powers and responsibilities as officers of the Philadelphia Municipal Court. It is therefore imperative that only highly qualified individuals be selected and retained as Arraignment Court Magistrates.
Arraignment Court Magistrates should participate in establishing, maintaining, enforcing and observing high standards of conduct so that the integrity and independence of the judiciary may be preserved. The provisions of these Rules governing standards of conduct of Arraignment Court Magistrates shall be constructed and applied to further that objective.
To that end, and in accordance with Act 187 of 1984, the Philadelphia Municipal Court hereby promulgates these Rules for the selection and appointment of Arraignment Court Magistrates, establishing standards of conduct and the rights, responsibilities and authority of Arraignment Court Magistrates.
Joseph R. Glancey
President Judge
November 16, 1984
CITATION OF RULES
These rules may be cited as "Phila. M.C.R. CRIM. P., A.C.M., Sec."
SEAL
Each Arraignment Court Magistrate shall have and use a seal, which shall be in the custody of the Arraignment Court Magistrate. The official acts of said Arraignment Court Magistrate shall be authenticated therewith. There shall be engraved on such seal the same device as is engraved on the great seal of the State, and the words "Commonwealth of Pennsylvania," "Philadelphia Municipal Court," and the words "Arraignment Court Magistrate."
Sec. 1.00. Appointment(a) The President Judge and a majority of the Philadelphia Municipal Court may appoint six Arraignment Court Magistrates.(b) No individual may be appointed, serve, or be reappointed to serve as an Arraignment Court Magistrate under this Chapter unless he meets the following minimum qualifications: (1) He resides within Philadelphia County.(2) He is, and has been for at least four years, a member in good standing of the Bar of the Supreme Court of Pennsylvania and has been engaged in the active practice of law for that minimum period.(i) The Court may consider as substitute experience for the active practice of law the following, including any combination thereof:(a) Judge of a State Court of Record or other state judicial officer.(b) Attorney for federal or state agencies.(c) Law clerk to any Judge or judicial officer.(3) Persons who do not meet the qualifications of Subsection (2) above, but who have completed a course of training and instructions in the duties of a Arraignment Court Magistrate, and pass an examination prior to assuming office. Such course and examination shall be as provided in Title 42 Pa.C.S. § 3111 et seq.(4) He must be competent to perform the duties of the office, of good moral character, emotionally stable and mature, committed to equal justice under the law, in good health, patient, Courteous, and capable of deliberation and decisiveness when required to act on his own reason and judgment.(5) In the case of an initial appointment, he must not be seventy years of age or older, except in the case of retired or Senior Judges whose appointment as Arraignment Court Magistrates shall not be considered an initial appointment.(6) These are minimum standards and are not intended as a limitation on the appointing authority's power to impose additional requirements(c) Arraignment Court Magistrates shall not hold another office or position of profit in the government of the United States, the Commonwealth or any political subdivision thereof, except in the armed services of the United States or the Commonwealth.(d) No individual may serve under this Chapter after having attained the age of seventy (70) years; provided, however, that upon two-thirds vote of all of the Judges of the Court, an Arraignment Court Magistrate who has attained the age of seventy (70) years may continue to serve and may be reappointed under this Chapter.(e) Pursuant to 42 Pa.C.S. § 1125 (relating to appointment of substitute Arraignment Court Magistrates during an emergency), an individual shall be qualified to act as a substitute Arraignment Court Magistrate if he or she meets the following minimum qualifications: (1) He or she is an employee of the Philadelphia Municipal Court.(2) He or she is, and has been for at least one year, a member in good standing of the Bar of the Supreme Court of Pennsylvania and has been engaged in the active practice of law for that minimum period. The Court may consider membership on the Central Legal Staff of the Philadelphia Municipal Court or employment as a law clerk to the President Judge of the Municipal Court as substitute experience for the active practice of law.(3) Attorneys [persons] who do not meet the qualifications of subsection (2) above, but who have completed a course of training and instructions in the duties of Arraignment Court Magistrate, and passed an examination prior to assuming office. Such course and examination shall be as provided in 42 Pa.C.S. § 3111 (et seq.).(4) He or she must be competent to perform the duties of the office, of good moral character, emotionally stable and mature, committed to equal justice under the law, and in good health, patient. Courteous, and capable of deliberation and decisiveness when required to act on his/her own reason and judgment.Sec. 1.01.Tenure(a) The appointment of an individual as an Arraignment Court Magistrate shall be for a period of four years.(b) Upon the expiration of his term, an Arraignment Court Magistrate may, by a majority vote of the Judges of the Court, continue to perform the duties of his office until his successor is appointed, or for ninety (90) days after the date of the expiration of the Arraignment Court Magistrate's term, whichever is earlier.(c) Each individual appointed as Arraignment Court Magistrate under this Chapter shall take an oath or affirmation of his office before performing the duties of his office. (Appendix B)Sec. 1.02. Compensation(a) Arraignment Court Magistrates shall receive as full compensation for their services such salary as fixed by statute.(b) The salary of an Arraignment Court Magistrate shall not be reduced during a term in which he is serving.(c) Arraignment Court Magistrates, effective upon taking their Oath or Affirmation of office, shall be deemed to be officers and employees of the judicial branch of the government of the Commonwealth of Pennsylvania.Sec. 2.00. Establishment of Arraignment Court Magistrate Selection PanelBefore the appointment of an Arraignment Court Magistrate is made, an Arraignment Court Magistrate Selection Panel shall be appointed to recommend to the Court for nomination, individuals whose character, experience, ability and commitment to equal justice under the law fully qualify them to serve as Arraignment Court Magistrates.
Sec. 2.01. Membership(a) The Panel shall be composed of a chairman and other members appointed by the President Judge of the Philadelphia Municipal Court.(b) Members of the Panel shall not receive any compensation for their services.(c) The Panel shall consist of at least five Judges of the Philadelphia Municipal Court.Sec. 2.02.Duties(a) The chairman shall have such duties as the Court may assign.(b) All information made available to the members of the Panel in the performance of their duties, including the names of potential nominees and identity of individuals recommended by the Panel, shall be kept in strict confidence except as provided in Section 2.03 (c) of these Rules.(c) Decisions of the Panel shall be by majority vote of all the members.(d) The Panel shall examine the applications of all potential nominees and may, in its discretion, personally interview nominees. The Panel shall make an affirmative effort to identify and give due consideration to all qualified candidates, including women and members of minority groups.(e) All applicants shall file an Application for Appointment as Arraignment Court Magistrate, Philadelphia Municipal Court, and Waiver of Confidentiality addressed to the Disciplinary Board of the State Supreme Court and the appropriate Ethics Commissions (Appendix A), with the Court Administrator, who shall immediately upon receipt deliver them to the Chairman of the Panel.(f) The Panel shall then determine those individuals among the potential nominees who meet the standards set forth by these Rules for Appointment as Arraignment Court Magistrate, and shall designate those individuals whom the Panel considers best qualified to serve as Arraignment Court Magistrate.(g) The Panel shall submit a report to the Court as provided in the following section.Sec. 2.03. Panel Report(a) If an appointment is to be made to a vacant or newly created position, the Panel shall, within sixty (60) days after its creation, report to the Court the results of its activities. The report of the Panel shall specify the five persons the Panel has determined as best qualified and have attached to it all written information received by or prepared by the Panel concerning the recommended nominee. The Court may accept a list containing fewer than five names for good cause shown by the Panel in its report.(b) A separate list shall be submitted for each existing vacancy.(c) That portion of the Panel Report relating to any nominee who is actually appointed Arraignment Court Magistrate pursuant to the Rules may be publicized in whole or in part by the President Judge of the Philadelphia Municipal Court at his sole discretion.Sec. 3.00. Selection From Arraignment Court Magistrate Selection Panel ListThe Philadelphia Municipal Court shall select Arraignment Court Magistrates from the list(s) provided by the Arraignment Court Magistrate Selection Panel. If more than one list is submitted at the same time pursuant to section 2.03(b), selection may be made from any of the lists submitted. The Court may, however, by majority vote, reject the first list submitted by the Panel. If such is rejected, the Panel shall submit a second list from which the Court shall then select its Arraignment Court Magistrates.
Sec. 3.01. Majority Decision of the JudgesThe Selection of an appointee shall be by the President Judge and majority vote of all the Judges of the Philadelphia Municipal Court. In the event a majority of the Court cannot agree upon any one individual, the President Judge shall make the selection.
Sec. 4.00.ProceduresIn the event the Court desires to consider the reappointment of an incumbent Arraignment Court Magistrate, it shall employ the following procedure:
(a) Public Notice. The Court shall cause to be published a public notice stating that it is required by Rule to establish an Arraignment Court Magistrate Selection Panel to consider the reappointment of the incumbent Arraignment Court Magistrate to a new term of office and that said Panel has said appointed. The public notice shall be published in the The Legal Intelligencer. The notice shall describe the duties of the position, state the date of expiration of the incumbent's current term of office, and it shall invite comments from members of the public. A copy of the notice shall be filed and posted in the office of the Court Administrator of the Philadelphia Municipal Court.
(b) Panel. Before the reappointment of an Arraignment Court Magistrate the Court shall establish a Panel as prescribed in Chapter II of these Rules. The Panel shall review the incumbent's current service as Arraignment Court Magistrate and other experience, the comments from members of the Bar and public, and other evidence of the incumbent's good character, ability, and commitment to equal justice under the law. The Panel shall report to the Court within sixty (60) days whether or not the incumbent is recommended for reappointment.(c) Decision of the Court. After due consideration of the report of the Panel, the President Judge and the majority of all the Court shall make its determination as to whether to reappoint the incumbent or to proceed anew with the selection procedures prescribed in these Rules.Sec. 5.00.PublicationPrior to the selection of an Arraignment Court Magistrate, a public notice shall be published in the The Legal Intelligencer.
Sec. 5.01.Contents of NoticeThe public announcement shall describe the duties of the position, the pertinent qualification standards, and the procedures for submission of applications, including the name and address of the person to whom applications should be submitted. The notice should specify that applications are to be submitted only by the potential nominee personally, indicating the person's willingness to serve if selected.
Sec. 5.02.Filing of NoticeThe public notice shall be tiled and posted in the office of the Court Administrator of the Philadelphia Municipal Court.
Sec. 5.03.Form of Notice, Initial SelectionNOTICE: SELECTION OF ARRAIGNMENT COURT MAGISTRATES PHILADELPHIA MUNICIPAL COURT
The Philadelphia Municipal Court is required by Rule to establish an Arraignment Court Magistrate Selection Panel to consider the appointment of Arraignment Court Magistrates. This Panel has been established and requests that all individuals considering filing for the position make this intention known by completing and filing an Arraignment Court Magistrate's Personal Data Questionnaire with the Philadelphia Municipal Court through the Court Administrator, 1224 City Hall Annex. Only potential nominees willing to serve, if selected, are eligible to apply. The deadline for submission of this questionnaire is __________________________________________________ .
An Arraignment Court Magistrate's powers and duties include administering Oaths and Affirmations, presiding at Preliminary Arraignments, issuing Criminal Complaints, fixing Bail, appointing counsel in certain cases, scheduling Municipal Court Trials and Preliminary Hearings, and issuing Arrest Warrants and Search and Seizure Warrants.
No individual may be appointed or serve as an Arraignment Court Magistrate unless he meets the following minimum qualifications:
(1) He resides within Philadelphia County.(2) He is, and has been for at least four (4) years, a member in good standing of the Bar of the Supreme Court of Pennsylvania and has been engaged in the active practice of law for that minimum period.(i) The Court may consider as substitute experience for the active practice of law the following, including any combination thereof:(a) Judge of a State Court of Record or other state judicial officer.(b) Attorney for federal or state agencies. (c) Law clerk to any Judge or judicial officer.(3) Persons who do not meet the qualifications of Subsection (2) above but who have completed a course of training and instructions in the duties of an Arraignment Court Magistrate and pass an examination prior to assuming office as provided by Title 42 Pa.C.S. 3111 et seq.(4) He must be competent to perform the duties of the office, of good moral character, emotionally stable and mature, committed to equal justice under the law, in good health, patient, courteous, and capable of deliberation and decisiveness when required to act on his own reason and judgment.(5) He must not be seventy years of age or older except in the case of Retired or Senior Judges.(6) Arraignment Court Magistrates shall not hold another office or position of profit in the government of the United States, the Commonwealth or any political subdivision thereof, except in the armed services of the United States or the Commonwealth. Bernard A. Scally, III
Court Administrator
Philadelphia Municipal Court
Sec. 5.04. Form of Notice, ReappointmentNOTICE: REAPPOINTMENT OF ARRAIGNMENT COURT MAGISTRATES PHILADELPHIA MUNICIPAL COURT
The Philadelphia Municipal Court is required by Rule to establish an Arraignment Court Magistrate Selection Panel to consider the reappointment of its incumbent Arraignment Court Magistrate(s) to a new term of office. This Panel has been established and may be contacted through the Court Administrator, 1224 City Hall Annex.
An Arraignment Court Magistrate's powers and duties include administering Oaths and Affirmations, presiding at Preliminary Arraignments, assign counsel in certain cases, issuing Criminal Complaints, fixing Bail, scheduling Municipal Court Trials and Preliminary Hearings, and issuing Arrest Warrants and Search and Seizure Warrants.
On __________ , the current term of __________ , Arraignment Court Magistrate, will expire. Public comment is invited concerning his reappointment.
The deadline for submission of comments is __________ .
Bernard A. Scally, III
Court Administrator
Philadelphia Municipal Court
Sec. 6.00. Supervision of Arraignment Court Magistrates by President JudgeThe President Judge of the Philadelphia Municipal Court or his designee shall exercise general supervision and administrative control over all Arraignment Court Magistrates.
Sec. 6.01. Implementation CommitteeThe President Judge of the Philadelphia Municipal Court may establish one or more continuing committees to make recommendations concerning the implementation of these Rules.
Sec. 6.02. Priority of Judicial Business(a) An Arraignment Court Magistrate shall devote the time necessary for the prompt and proper disposition of the business of his office, which shall be given priority over any other occupation, business, profession, pursuit or activity.(b) An Arraignment Court Magistrate shall not use or permit the use of any premises established for the disposition of his official business for any other occupation, business, profession or sinful pursuit.Sec. 6.03. Preliminary Arraignment Schedules(a) The Court Administrator shall, in cooperation with the Arraignment Court Magistrates, establish a schedule of regular assignment sessions. The schedule shall be submitted for approval to the President Judge of the Philadelphia Municipal Court and shall be published in such manner as the President Judge shall direct.(b) The Arraignment Court Magistrates' schedule shall provide for the operation of the Preliminary Arraignment Court on a twenty-four hour, seven-days-a-week basis.Sec. 6.04. Administrative Responsibilities(a) An Arraignment Court Magistrate shall diligently discharge his administrative responsibilities and maintain competence in judicial administration.Sec. 6.05. Adjudicative Responsibilities(a) An Arraignment Court Magistrate shall be faithful to the law and maintain competence in it. He shall not be swayed by partisan interests, public clamor or fear of criticism.(b) An Arraignment Court Magistrate shall maintain order and decorum in the proceedings before him.(c) An Arraignment Court Magistrate shall be patient, dignified and Courteous to litigants, witnesses, lawyers and other with whom he deals in his official capacity, and shall require similar conduct of other parties in the Courtroom.(d) An Arraignment Court Magistrate shall accord to every person who is legally interested in a proceeding, or his lawyer, full right to be heard according to the law.Sec. 6.06. Restrictions on Inconsistent Activities(a) Arraignment Court Magistrates shall not engage, directly or indirectly, in any activity or act incompatible with the expeditious, proper and impartial discharge of their duties, including but not limited to, (1) any activity prohibited by law; (2) the collection business; or (3) the bonding business. An Arraignment Court Magistrate shall not exploit his judicial position for financial aid or for any business or professional advantage. An Arraignment Court Magistrate shall not receive any fee or emolument for performing the duties of an arbitrator.(b) Arraignment Court Magistrates shall render such service as is required by law. While so serving they may engage in the practice of law, provided, however that they may not: (1) Serve as counsel in any action criminal or civil, in the Philadelphia Municipal Court.(2) Practice criminal law in Philadelphia County.(3) Associate in the practice of law or share space with any attorney(s) whose practice involves a substantial practice of criminal law.(4) Associate in the practice of or share space with any attorney(s) whose practice involves a substantial practice, criminal or civil, in the Philadelphia Municipal Court.(c) Arraignment Court Magistrates shall at all times comply with the Code of Professional Responsibility, adopted by the Supreme Court of Pennsylvania.Sec. 7.00. Impropriety and Appearance of Impropriety to Be AvoidedAn Arraignment Court Magistrate shall respect and comply with the law and shall conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. An Arraignment Court Magistrate shall not allow his family, social or other relationships to influence his conduct or judgment. He shall not lend the prestige of his office to advance the private interest of others, nor shall he convey or permit others to convey the impression that they are in a special position to influence him.
Sec. 7.01. Voluntary Appearance as Character Witness ProhibitedArraignment Court Magistrates shall not testify voluntarily as a character witness.
Sec. 7.02. Holding Other Public Office ProhibitedArraignment Court Magistrates shall not hold another office or position of profit in the government of the United States, the Commonwealth or any political subdivision thereof, except in the armed services of the United States or the Commonwealth.
Sec. 7.03. Political Activity ProhibitedArraignment Court Magistrates and/or members of their immediate households (including, but not limited to, spouses, children, in-laws, parents and siblings) shall not:
(a) engage in partisan political activity, deliver political speeches, make or solicit political contributions (including purchasing tickets for political party dinners or other functions) or attend political or party conventions or gatherings. Nothing herein shall prevent an Arraignment Court Magistrate and/or any member(s) of his/her household from making political contributions to a campaign of a member of his/her immediate family.(b) make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office; announce his/her views on partisan political issues, or misrepresent his identity, qualifications, present position, or other fact.(c) solicit or accept campaign funds or solicit publicly stated support.Sec. 7.04. Conduct of Family and Employees ProscribedWith respect to his conduct in general an Arraignment Court Magistrate shall:
(a) maintain the dignity appropriate to judicial office and shall urge members of his/her family to adhere to the same standards of conduct that apply to him.(b) prohibit employees, if any, subject to his/her direction or control from doing for him/her that which he/she is prohibited from doing under this Rule.Sec. 7.05. Candidacy for Public Office(a) An Arraignment Court Magistrate shall resign from his office when he becomes a candidate either in a party primary or in a general election for any elected office. Sec. 7.06. Disqualification Required in Certain Cases(a) An Arraignment Court Magistrate shall disqualify himself in a proceeding in which his impartiality might reasonably be questioned.(b) An Arraignment Court Magistrate shall inform himself about his personal and fiduciary financial interests and make a reasonable effort to inform himself about the personal financial interests of his spouse and minor children residing in his household.Sec. 7.07. Remittal of Disqualification: Minimizing Disqualification(a) An Arraignment Court Magistrate disqualified by Rule 7.06 may, instead of withdrawing from the proceeding, disclose the basis of his disqualification. If, based on such disclosure, the parties and lawyers, independently of the participation of the Arraignment Court Magistrate, all agree that the relationship of the Arraignment Court Magistrate is immaterial or that his financial interest is insubstantial, the Arraignment Court Magistrate, is no longer disqualified and may participate in the proceeding.(b) An Arraignment Court Magistrate shall manage his investments and other financial interests to minimize the number of cases in which he is disqualified.Sec. 7.08. Use and Disclosure of Information Acquired in Judicial Capacity ProhibitedInformation acquired by an Arraignment Court Magistrate in his judicial capacity shall not be used or disclosed by him in financial dealings or any other purpose not related to his official duties.
Sec. 7.09. Broadcasting, Televising, Recording, Photography RestrictedAn Arraignment Court Magistrate shall prohibit broadcasting, televising, recording, or taking photographs in the Courtroom or the areas immediately adjacent thereto during sessions or recesses between sessions, except that Arraignment Court Magistrates may authorize:
(a) the use of electronic or photographic means for the presentation of evidence, for the perpetuation of a record or for other purposes of judicial administration; and(b) the broadcasting, televising, recording or photographing of investitive or ceremonial proceedings.Sec. 7.10. Public Comment RestrictedAn Arraignment Court Magistrate shall abstain from public comment about proceedings pending or impending in his office or any Court, and shall require similar abstention on the part of his staff, if any. This Rule does not prohibit Arraignment Court Magistrates from making public statements in the course of their official duties or from explaining for public information the procedures of the Court.
Sec. 7.11. Gifts and Loans Restricted(a) An Arraignment Court Magistrate may accept books supplied by publishers on a complimentary basis for public use. An Arraignment Court Magistrate or a member of his family residing in his household may accept ordinary social hospitality; a gift, bequest, favor or loan from a relative; a wedding or engagement gift; a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not Arraignment Court Magistrates; or a scholarship or fellowship award on the same terms applied to other applicants.(b) An Arraignment Court Magistrate or a member of his family residing in his household may accept any other gift, request, favor or loan only if the donor is not a party or other person whose interests have come or are likely to come before the Arraignment Court Magistrate.Sec. 7.12. Solicitation of Funds and Related Activities Regulated(a) An Arraignment Court Magistrate shall not solicit funds for any educational, religious, charitable, fraternal or civic organization, or use or permit the use of the prestige of his office for that be listed as an officer, director or trustee of such an organization. He shall not be speaker or the guest of honor at such an organization's public fund raising events, but he may attend such events.Sec. 8.00. Arraignment Court Magistrates to Fix Bail. Appeals(a) Arraignment Court Magistrate shall have the same authority to fix bail at Preliminary Arraignments as Judges of the Philadelphia Municipal Court.(b) Appeals from their decisions shall be to the Municipal Court Judge specially designated by the President Judge for that purpose.Sec. 8.01. Bail Guidelines(a) Arraignment Court Magistrates shall consider Bail Guidelines in fixing bail.(b) In a proper case, Arraignment Court Magistrates may depart from the Bail Guidelines and fix bail in an amount higher or lower than indicated in the Guideline Matrix; provided, however, that in such case the reason(s) shall be indicated in writing by the Magistrates.(c) Arraignment Court Magistrates shall have no authority to reconsider bail subsequent to a Preliminary Arraignment.Sec. 8.02. Assignment of CounselAt the Preliminary Arraignment, Arraignment Court Magistrates shall:
(a) Advise the defendant of his right to counsel, and(b) Where the defendant is indigent and entitled to Court appointed counsel pursuant to the Court's guidelines, assign the Defender Association of Philadelphia, or such other counsel as the Court by Rule or Regulation shall designate, to represent the defendant.(c) Where a conflict is found to exist, e.g., where more than one defendant in the same case indigent and entitled to Court appointed counsel, assign the Defender Association of Philadelphia in one case and direct that counsel shall be appointed for such other indigent defendant(s) from the Non-Homicide Counsel Appointment List.Sec. 9.00. Power to Issue Warrants(a) Arraignment Court Magistrates are empowered to issue Search and Seizure Warrants and Arrest Warrants based on Probable Cause.(b) Nighttime Search and Seizure Warrants shall be issued upon a showing of additional reasonable cause.Sec. 9.01. Approval of Probable Cause Affidavits(a) No Arraignment Court Magistrate shall issue any Search and Seizure Warrant or Arrest Warrant wherein the probable cause Affidavit has not been reviewed and approved by the Attorney for the Commonwealth.(b) Upon receipt of a Search and Seizure Warrant or Arrest Warrant wherein the probable cause Affidavit has been approved by the Attorney for the Commonwealth, the Arraignment Court Magistrate, acting as a detached neutral authority, shall independently determine the existence of probable cause and, in the case of a Nighttime Search and Seizure Warrant, additional reasonable cause, prior to the issuance of any Search and Seizure Warrant or Arrest Warrant.Sec. 10.00. Course of Instruction and Examination Required(a) Arraignment Court Magistrates who are not members of the bar of this Commonwealth, as stated in Sec. 1.00(b)(2), shall complete a course of training and instruction in the duties of said office and pass an examination prior to assuming office.(b) Content of Course of Instruction and Examination:(i) General Rule. The Minor Judiciary Education Board (the Board), shall prescribe and approve the subject matter and the examination for the course of training herein required. The Administrative Office of Pennsylvania Courts shall conduct the course and examination at such times, at such places, and in such manner as the regulations of the Board may prescribe. The Board shall make the course of instruction available at such times so as to insure that an appointee may qualify to assume office as soon as possible. (ii) Content of Course. The course of training and instruction shall not exceed four weeks in duration and shall consist of a minimum of thirty (30) hours of class instruction in Criminal Law, Search and Seizure, Arrest and Bail practices and procedures.(iii) Upon successful completion of the course of training and instruction and examination, the Administrative Office shall issue to a person seeking an appointment as an Arraignment Court Magistrate a certificate in the form prescribed by the Board, certifying that such person is qualified to perform his duties as an Arraignment Court Magistrate. Such certificate shall be filed in the office of the Court Administrator of the Philadelphia Municipal Court.(iv) Expenses. The course of training and instruction required by this chapter shall be provided at the expense of the Commonwealth.Sec. 10.01. Continuing Education RequirementEvery Arraignment Court Magistrate shall complete a continuing education program each year equivalent to not less than twenty (20) hours per year in such courses or programs as are approved by the Board. If an Arraignment Court Magistrate fails to meet these continuing education requirements, such Magistrate shall be subject to dismissal as provided in Chapter 1, Section 1.01(d).
Sec. 11.00. Discipline for Good Cause(a)(1) The President Judge or his designee may for good cause take disciplinary action against an Arraignment Court Magistrate. For purposes of this section, "disciplinary action" shall mean "suspension with pay, suspension without pay, or withholding of pay without suspension." Unless an Arraignment Court Magistrate is suspended pursuant to Subsections (b)(8) or (b)(9) below, a suspension shall not exceed in the aggregate thirty (30) working days in one calendar year.(b) Good cause for disciplinary action against an Arraignment Court Magistrate shall be a just cause, including but not limited to: (2) Habitual lateness in reporting for work;(3) Misconduct amounting to violation of law, Arraignment Court Magistrate Rules or orders of the Municipal Court President Judge or his designee;(4) Intoxication while on duty;(5) Conduct involving dishonesty, fraud, deceit or misrepresentation;(6) Conduct while on or off duty that is unbecoming to an Arraignment Court Magistrate of the Municipal Court;(7) Any other reason related to the inefficiency, inadequacy or misconduct of the Arraignment Court Magistrate;(8) Formal charges against an Arraignment Court Magistrate of criminal conduct which relates to his employment as an Arraignment Court Magistrate or which constitutes a felony or misdemeanor; or(9) Initiation of removal procedures under Chapter XII of these rulesSec. 11.01. Discipline Procedure(a) No Arraignment Court Magistrate shall be disciplined unless he has received written notice of such discipline from the Municipal Court President Judge or his designee. The notice shall set forth the ground or grounds for discipline and disciplinary action.(b) Except for violations of § 11.00(b)(8) or § 11.00(b)(9), the Municipal Court President Judge or his designee may suspend an Arraignment Court Magistrate for just cause for no more than ten (10) working days. The procedure for this suspension will conform with (a) above. There is no appeal from this suspension.(c) An Arraignment Court Magistrate may, within twenty (20) calendar days of receipt of notice of discipline, in case of indefinite suspension under § 11.00(b)(8) or § 11.00(b)(9), appeal in writing to the President Judge. Upon receipt of such notice of appeal, the President Judge shall schedule and hold a hearing and provide the Arraignment Court Magistrate with at least seven calendar days' notice of such hearing. In attendance at the hearing shall be the President Judge, his designee, and the Arraignment Court Magistrate. The Arraignment Court Magistrate may in addition be represented by an attorney licensed to practice law. As soon as is practicable after the hearing, the President Judge shall report in writing his conclusions, grounds for discipline (if any) and disciplinary actions (if any) to the Municipal Court Administrator and Arraignment Court Magistrate.(d) The Arraignment Court Magistrate shall have no right of appeal with respect to the conclusions, grounds for discipline, or disciplinary measures imposed by the President Judge.Sec. 12.00. Removal for Good CauseAn Arraignment Court Magistrate shall be removed only for good cause as defined in Section 11.00(b)(1), (2), (3), (4), (5), (6), (7), or (8).
Sec. 12.01. Removal Procedure(a) A President Judge who reasonably suspects that good cause exists for removal of an Arraignment Court Magistrate shall appoint a five member panel comprised of active members of the Municipal Court Board of Judges to determine whether prima facie evidence of good cause exists for removal. Before rendering its decision, the panel shall afford the Arraignment Court Magistrate an opportunity to appear before the panel. The panel shall provide the Arraignment Court Magistrate at least seven days' notice of such hearing. The Arraignment Court Magistrate may be represented at the hearing by an attorney licensed to practice law. The panel shall send notice of its decision and, if necessary, the ground or grounds for determining that prima facie evidence of good cause exists for removal to the President Judge or his designee.(b) The panel's decision that good cause does not exist for removal of the Arraignment Court Magistrate shall terminate proceedings under this Chapter, but it shall not prevent the President Judge or his designee from proceeding under Chapter XI of these rules relating to suspension of Arraignment Court Magistrates.(c)(1) Upon the panel's finding that good cause exists for the Arraignment Court Magistrate's removal, the President Judge or his designee shall schedule a hearing in front of the Municipal Court Board of Judges. The Arraignment Court Magistrate shall be provided with at least seven calendar days' notice of such hearing. No Judge who served on the five member good cause panel shall participate in this hearing or in the subsequent removal voting process. In attendance at this hearing shall be the President Judge, the Municipal Court Administrator, a quorum of the Municipal Court Board of Judges entitled under this subsection to participate in the hearing and voting process and the Arraignment Court Magistrate. The Arraignment Court Magistrate may in addition be represented by an attorney licensed to practice law.(2) The Municipal Court President Judge shall act as prosecutor against the Arraignment Court Magistrate at this hearing. The President Judge shall prosecute the Arraignment Court Magistrate upon all grounds which the seven member panel has determined that prima facie evidence of good cause exists for removal. At the conclusion of the President Judge's case, the Arraignment Court Magistrate shall be afforded the opportunity to present his case. At the conclusion of the hearing, outside the presence of the Arraignment Court Magistrate, the Board of Judges shall determine by a majority of the quorum present whether to remove the Arraignment Court Magistrate. The President Judge shall not vote or be present during the voting process. The President Judge shall appoint a member of the Board of Judges as soon as is practicable after the conclusion of the hearing, the Board of Judges shall report in writing to the President Judge, Municipal Court Administrator and Arraignment Court Magistrate its decision and, if necessary, the ground or grounds for removal.to preside over the deliberations of the voting process. Proxy vote shall not be admissible during the voting process. A tie in the vote of the quorum shall result in the Arraignment Court Magistrate's removal. As soon as is practicable after the conclusion of the hearing, the Board of Judges shall report in writing to the President Judge, Municipal Court Administrator and Arraignment Court Magistrate its decision and, if necessary, the ground or grounds of removal.