Section 1602 - Composition of court

42 PA Cons Stat § 1602 (2019) (N/A)
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(a) General rule.--The Court of Judicial Discipline shall consist of:

(1) Two judges of the Superior Court, the Commonwealth Court or the courts of common pleas in regular active service appointed by the Supreme Court.

(2) A magisterial district judge appointed by the Supreme Court.

(3) A nonlawyer elector appointed by the Supreme Court.

(4) A judge of the Superior Court, the Commonwealth Court or the courts of common pleas in regular active service appointed by the Governor.

(5) Two nonjudge members of the bar of this Commonwealth appointed by the Governor.

(6) One nonlawyer elector appointed by the Governor.

(b) Qualifications.--All members of the court must be residents of this Commonwealth. No more than two of the four members appointed by the Supreme Court may be registered in the same political party. No more than two of the four members appointed by the Governor may be registered in the same political party. Membership of a judge or magisterial district judge shall terminate if the member ceases to hold the judicial position that qualified the member for the appointment. Membership shall terminate if a member attains a position that would have rendered the member ineligible for appointment at the time of the appointment. No member may serve more than four consecutive years but may be reappointed after a lapse of one year.

(c) Terms of office.--The members of the court shall serve for terms of four years, except that the member, rather than the successor of the member, shall continue to participate in any hearing in progress at the end of the term of the member.

(d) Vacancies.--A vacancy shall be filled by the respective appointing authority for the remainder of the term to which the member was appointed in the same manner in which the original appointment occurred.

(e) Restrictions on activities of members.--No member, during the member's term of service, may hold office in a political party or political organization. Except for a judicial member, no member of the court, during the term of service of the member, may hold a compensated public office or public appointment. The court shall prescribe general rules governing the conduct of members. A member may be removed by the court for a violation of the rules of conduct prescribed by the court.

(f) Expenses.--All members shall be reimbursed for expenses necessarily incurred in the discharge of their official duties.

(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

2004 Amendment. Act 207 amended subsecs. (a) and (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

Special Provisions in Appendix. See section 12 of Act 56 of 1993 in the appendix to this title for special provisions relating to terms of initial members of Court of Judicial Discipline.