Rule 17. Supervision of Magisterial District Courts by President Judges.

 (A) 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.

 (B) The president judge’s administrative authority over magisterial district courts within the judicial district includes but is not limited to, and shall be governed by, the following:

   (1) Records—The president judge may designate a person to maintain personnel and other records in such form as directed by the president judge or required by general or local rule.

   (2) 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.

   (3) Staff in the Magisterial District Courts—

     (a) Except where minimum job qualifications for staff in the magisterial district courts are prescribed by the Supreme Court of Pennsylvania, the president judge may prescribe minimum job qualifications for staff in the magisterial district courts in the judicial district.

     (b) The president judge may establish a classification system and job descriptions for all authorized staff in the magisterial district courts in the judicial district. The president judge may establish general procedures regarding the hiring, firing, supervision, and discipline of all authorized staff in the magisterial district courts in the judicial district.

     (c) Subject to subparagraphs (a) and (b) above, a magisterial district judges

       (i) shall be responsible for the management of authorized staff in their court;

       (ii) shall assign work among authorized staff in their court, and;

       (iii) may select one authorized staff member as personal staff.

     (d) In the interest of efficient administration of the judicial district, the president judge may

       (i) transfer or reassign a staff member, other than personal staff who may be transferred or reassigned only with the consent of the magisterial district judge, from one magisterial district court in the judicial district to another, and;

       (ii) hire and assign, as appropriate, temporary or floater staff.

     (e) The president judge may establish a system of performance evaluation for staff in the magisterial district courts in the judicial district.

     (f) The president judge may prescribe initial and ongoing training for staff in the magisterial district courts in the judicial district.

   (4) Magisterial District Judge Leave; Coverage During Leave—

     (a) The president judge may coordinate leave for magisterial district judges in the judicial district to assure access to judicial resources.

     (b) Subject to the provisions of subparagraph (a) above, magisterial district judges shall enjoy autonomy with respect to choosing when to take leave, subject to reasonable coordination by the president judge with the schedules of the other magisterial district judges in the judicial district.

   (5) Office Hours—In consultation with the magisterial district judges, the president judge may designate the ordinary hours of magisterial district courts in the judicial district in accordance with Rule 103 of the Rules and Standards with Respect to Offices of Magisterial District Judges and the efficient administration of justice.

   (6) 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 to central courts within the judicial district.

   (7) 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 may take any action that the president judge deems appropriate to assure the efficient administration of justice. 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 Supreme Court of Pennsylvania and the Court Administrator of Pennsylvania.

   (8) 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 Magisterial District Judge Automated Office Clerical Procedures Manual. 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.

   Official Note

    This Rule is promulgated in order to secure the efficient and effective administration of the magisterial district courts. It recognizes that magisterial district judges are the judicial officials charged with the legal and administrative responsibilities within their respective magisterial districts. Designed to further the unified judicial system in each of the judicial districts, this Rule contemplates a cooperative approach to the administration of the magisterial district courts, acknowledging the independence of the judicial officers and the supervisory role of the president judges.

   This Rule was amended in 2003 to more specifically outline the authority, powers, and responsibilities of the president judges with regard to management of the magisterial district judge system. In so doing, however, it was not intended that this be an exclusive list of powers and responsibilities, nor was it intended to limit the president judges’ authority to the areas listed. Given the diverse needs of judicial districts throughout Pennsylvania, how president judges exercise this authority will recognizably be varied. In general, president judges have broad authority with regard to management of the magisterial district courts, but it seemed advisable that certain areas of authority and responsibility be specifically defined.

   With regard to paragraph (B)(2), president judges or their representatives are encouraged to meet regularly with the magisterial district judges in the judicial district to foster and maintain open lines of communication regarding the management of the magisterial district judge system.

   The term ‘‘authorized staff’’ as used in this Rule means staff positions that have been approved, funded, and hired in accordance with all applicable personnel policies and procedures.

   Subparagraphs (B)(3)(c) and (B)(4)(b) limit the president judges’ authority in certain areas that are within the magisterial district judges’ discretion. With regard to subparagraph (B)(3)(c), see 42 Pa.C.S. § §  102 and 2301(a)(1), and Rule 5C. With regard to subparagraph (B)(4)(b), see Rule 3A.

   Subparagraph (B)(3)(d)(i) gives president judges authority to transfer or reassign magisterial district court staff as needed, except for personal staff as provided in subparagraph (B)(3)(c), who may be transferred or reassigned only with the consent of the affected magisterial district judge. It is contemplated that president judges would consult with and give sufficient notice to the affected magisterial district judges before making transfers.

   Nothing in subparagraph (B)(3)(f) is intended to circumvent any training program established or required by the Supreme Court of Pennsylvania or the Court Administrator of Pennsylvania.

   As to paragraph (B)(6), compare Pa.R.Crim.P. 131(B) relating to central locations for preliminary hearings and summary trials. In addition, if the judicial district is part of a regional administrative unit, magisterial district judges may be assigned to any other judicial district in the unit. See Pa.R.J.A. No. 701(E).

   Nothing in paragraph (B)(7) is intended to contradict or circumvent the constitutionally established process for the suspension, removal, and discipline of magisterial district judges. See Pa. Const. art. V, §  18; see also 207 Pa. Code Chs. 101—119 (Judicial Conduct Board rules of procedure). President judges do not have authority to suspend or discipline magisterial district judges.

   All references to constables were stricken from this Rule pursuant to the Pennsylvania Supreme Court’s holding in Rosenwald v. Barbieri, 501 Pa. 563, 462 A.2d 644 (1983).

   The provisions of this Rule 17 adopted February 1, 1973; amended April 3, 1973, effective April 3, 1973; amended April 25, 1979, effective in 30 days; amended June 30, 1982, effective 30 days after July 17, 1982; amended and effective June 20, 1985, 15 Pa.B. 2447; amended June 25, 2003, effective immediately, 33 Pa.B. 3359. Immediately preceding text appears at serial page (294056).