Washington Cnty. C.P. Admin Order - Adoption of Local Rules of Judicial Adminis... (introduction)

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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLANIA

IN RE:

CIVIL DIVISION

ADOPTION OF LOCAL )

RULES OF JUDICIAL )

ADMINISTRATION )

L-1907 .2, L-4002, L-4008, )

AND L-5000 )

No. 2023-1

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ADMINISTRATIVE ORDER

AND NOW, this J![!_ day of March, 2023, it is hereby ORDERED, ADJUDGED, and

DECREED that Washington County Local Rules of Judicial Administration L-1907.2, L-4002, L-

4008, and L-5000 (attached) are hereby adopted, effective thirty (30) days after publication of this

ORDER in the Pennsylvania Bulletin.

It is further ORDERED that Local Rule of Judicial Administration L-1907.1 is RESCINDED.

This ORDER shall be processed in accordance with Pa. R. J. A. 103(d)(5) and (6). The

District Court Administrator is directed to:

1. Distribute copies of the adopted local rules to the Legislative Reference Bureau for publication

in the Pennsylvania Bulletin;

2. File one (1) copy with the Administrative Office of Pennsylvania Courts;

3. Publish the local rules on the Court's website within thirty (30) days of the effective date; and

4. Cause a copy hereof to be published in the Washington County Reports once a week for two

(2) successive weeks at the expense of the County of Washington.

Washington County- Local Rules of Judicial Administration

RULE L-1907.2. Constable Review Board

(A) Purpose. A Constable Review Board ("CRB") is hereby created to assist in resolving any

disputes related to the performance of judicial duties by a constable in accordance with the

Pennsylvania Rules of Judicial Administration and the Constable Policies, Procedures, and

Standards of Conduct issued by the Administrative Office of Pennsylvania Courts.

(B) Definitions.

(I) "Constable" is defined as any elected or appointed constable or deputy constable

performing judicial duties for any magisterial district court within the Twenty-Seventh Judicial

District.

(2) "Judicial Duties" are services performed pursuant to 44 Pa. Con. Stat. §§7161 and

7161.1 or set forth in the Constable Policies, Procedures and Standards ofConduct.

(C) Scope.

(1) The jurisdiction of the CRB extends only to constables in the performance of judicial

duties.

(2) The CRB may receive complaints by or against constables regarding:

(a) the performance ofjudicial duties;

(b) financial or payment disputes; or

(c) other matters relevant to judicial duties including, but not limited to, Constable

Policies, Procedures and Standards of Conduct or the Unified Judicial System of Pennsylvania

Policy on Non-discrimination and Equal Employment Opportunity.

(3) Nothing contained herein shall preclude any person or surety of a constable from filing

a verified petition in accordance with 44 Pa. Con. Stat. §7172 alleging that a constable is

incompetent to discharge official duties.

(D) Authority.

(I) The CRB may make recommendations to the President Judge with respect to practices

and procedures as related to constables generally and make recommendations regarding the

continued use of the services of a constable by the Court.

(2) The CRB shall forward any findings of suspected criminal activity to the Washington

County District Attorney or other appropriate law enforcement agency.

(3) The President Judge has the ultimate authority with regard to performance ofjudicial

duties by a constable within Washington County. The President Judge may place a moratorium

on the use of a particular constable pending the review and recommendation of the CRB on a

complaint.

(E) Membership of the Constable Review Board. The CRB shall be comprised of the following

members, who serve at the pleasure of the President Judge:

(1) a Common Pleas Judge;

(2) the District Court Administrator;

(3) a Magisterial District Judge;

(4) a certified constable and an alternate constable to be used in the case of a conflict;

(5) the County Controller (subject to the limitation set forth below); and

(6) a member of the public.

The Common Pleas Judge shall act as Chairperson. The Chairperson shall be responsible

for conducting, coordinating, and overseeing the business of the CRB. The District Court

Administrator shall serve as Secretary of the CRB, and is responsible for maintaining the records

of all proceedings. A majority of the voting members shall constitute a quorum.

(F) In instances where a conflict of interest exists for a member of the Board, the President Judge

may name a substitute for that complaint, or permit the Board to proceed without the participation

of the member. The Controller shall be deemed to have a conflict of interest in every complaint

where the allegations involve the expenditure of County funds for services, or where the complaint

is submitted by the Controller or a person under his or her employ.

(G) Filing Procedures. Constables shall make every attempt to resolve their disputes with the

parcy or agency involved prior to filing a complaint with the CRB.

(I) A complaint by or against a constable must be in writing on the form set forth below

and shall be signed by the complainant and specify in detail the alleged misconduct, financial

dispute, or other matter related to the performance ofjudicial duties.

(2) The complaint may be submitted in person or by mail, to the following contact:

Special Courts Administrator

Washington County Courthouse

I South Main Street, Suite I003

Washington, PA 15301

WASHINGTON COUNTY CONST ABLE REVIEW BOARD COMPLAINT

Filing Date:

Address:

Email: Telephone Number: --------- -------------

Constable's Name:

Type of Issue: D Performance of Judicial Duties

D Financial/Payment Issues

D Other issues relevant to a constable's judicial duties

Was an attempt made to resolve this issue before filing the request for review?

□YES □NO

If yes, briefly explain:

Please describe in full detail the issue and attach all relevant documents. Attach additional pages

if necessary.

This complaint may be mailed to the following:

Special Courts Administrator

Washington County Courthouse

1 South Main Street, Suite 1003

Washington, PA 15301

(3) If a complaint is filed with the Special Courts Administrator, he or she shall inform the

Chairperson of the receipt of a complaint. The Chairperson is responsible for initially determining

if the complaint falls within the jurisdiction of the CRB.

(i) If the complaint is not within the jurisdiction of the CRB, the Special Courts

Administrator shall notify the complainant of the determination and that the matter is closed.

(ii) If the complaint is within the jurisdiction of the CRB, the Special Courts

Administrator shall forward a date-stamped copy of the complaint to the constable by certified

mail. The constable will have twenty (20) days to respond in writing to the complaint. The Special

Courts Administrator shall forward the response to the Chairperson.

(4) Failure of a constable to respond to a written allegation, or failure to appear before the

CRB when requested, shall be interpreted as an admission of no contest to the allegation.

(H) Actions and Dispositions of the CRB and the President Judge.