Current through Register Vol. 54, No. 45, November 9, 2024
Rule 605 - Supervision of Magisterial District Courts by President JudgesIn the interest of efficient administration of the judicial district, the president judge of the court of common pleas of a judicial district shall exercise general supervision and administrative authority over magisterial district courts within the judicial district. The administrative authority of the president judge over magisterial district courts within the judicial district includes, but is not limited to, and shall be governed by, the following:
(A)Administration of District Courts. (1)Records-Personnel and other records shall be maintained in such form as directed by the president judge or required by general or local rule.(2)Staff in the Magisterial District Courts-(a) The president judge, in the interest of efficient administration of the judicial district: (i) retains the final authority to hire, supervise, and fire staff in the magisterial district courts in the judicial district. In accordance with such authority, the president judge may establish minimum qualifications, a classification system and job description for all authorized staff, and general procedures regarding the hiring, firing, supervision, and discipline of all authorized staff;(ii) may transfer or reassign staff members from one court to another. Ordinarily, such transfer or reassignment should occur only after consultation with the magisterial district judges involved. Absent extraordinary circumstances, the president judge may transfer or reassign personal staff only with the consent of the magisterial district judge;(iii) may assign, as appropriate, temporary or floater staff;(iv) may establish performance evaluations and procedures for staff, including personal staff, in the magisterial district courts in the judicial district which shall be utilized by the magisterial district judges; and(v) may prescribe training for staff in the magisterial district courts in the judicial district.(b) The magisterial district judge, subject to the provisions set forth above and in the interest of the efficient administration of the judicial district: (i) may select one authorized staff member as personal staff and assign the duties of the personal staff;(ii) shall have general day-to-day supervisory authority, in coordination with county court administration and the court's human resources designee, over the staff in his or her court, and ordinarily shall participate in the selection, hiring, disciplining and firing of court staff;(iii) shall be responsible for the daily operation of his or her court in accordance with the Rules Governing Standards of Conduct of Magisterial District Judges and any state or local rules or administrative orders; and(iv) shall be responsible for the assignment of work in accordance with job descriptions among authorized staff in his or her court.(3)Office Hours-The president judge may designate the hours that the magisterial district courts shall be open for official business in the judicial district. The approved office hours shall be posted in a conspicuous place on the premises in which the office is located and posted on the judicial district's website.(4)Procedural Audits-The president judge may direct that procedural audits of a magisterial district court be conducted to assure compliance with general and local rules, administrative policies and procedures, and the clerical procedures adopted by the Administrative Office for management of cases in the Magisterial District Judge System. Such procedural audits shall be separate from the fiscal audits conducted by the county controller or state Auditor General, which shall be limited in scope to the accounts of the magisterial district judge. Such procedural audits may be conducted by the district court administrator, an outside independent auditor, or such other person as the president judge may designate.(5)Temporary Assignments: Transfer of Cases-In consultation with the affected magisterial district judge(s), the president judge may order temporary assignments of magisterial district judges or reassignment of cases or certain classes of cases to other magisterial districts within the judicial district or central courts within the judicial district.(B)Supervision of Magisterial District Judges.(1)Meetings with Magisterial District Judges-The president judge may require the attendance of magisterial district judges in the judicial district, individually or collectively, at meetings with the president judge or his or her representative.(2)Magisterial District Judge Leave: Coverage During Leave-To ensure access to the courts and the efficient use of judicial resources, the president judge may establish a policy in the judicial district that requires magisterial district judges to provide reasonable advance notice of their leave, except when leave must be taken due to exigent circumstances, in which case, magisterial district judges shall notify the president judge, or designee as promptly as possible. Subject to reasonable coordination with the president judge and any policy promulgated by the president judge, and with regard to the schedules of the other magisterial district judges in the judicial district, magisterial district judges shall enjoy autonomy with respect to choosing when to take leave.(3)Conduct of Magisterial District Judges-When a complaint is received with respect to the conduct of a magisterial district judge, the president judge may, in his or her discretion, review the matter with the affected magisterial district judge and take any action the president judge deems appropriate to ensure the efficient administration of justice, including, where warranted, informing the appropriate disciplinary authority. Contemporaneous notice of any such action taken by the president judge resulting in reassignment of cases or otherwise affecting the duties of the magisterial district judge shall be given to the Court Administrator.The provisions of this Rule 605 amended April 14, 2021, effective immediately, 51 Pa.B. 2261.