Rule 9. Remittal of Disqualification; Minimizing Disqualification.

 A.  Magisterial district judges disqualified by Rule 8A(3) or (4) may, instead of withdrawing from the proceeding, disclose the basis of their disqualification. If, based on such disclosure, the parties and lawyers independently of the participation of the magisterial district judges all agree in writing that the relationship of the magisterial district judges is immaterial or that their financial interest is insubstantial, the magisterial district judges are no longer disqualified and may participate in the proceeding. The agreement signed by all parties and lawyers, shall be attached to the record copy of the complaint form.

 B.  Magisterial district judges shall manage their investments and other financial interests to minimize the number of cases in which they are disqualified. As soon as they can do so without serious financial detriment, they shall divest themselves of investments and other financial interests that might require frequent disqualification.

   Official Note

   Subdivision A is derived from Canon 3D, American Bar Association Code of Judicial Conduct. The procedure in this subdivision is designed to minimize the chance that a party or lawyer will feel coerced into an agreement. When a party is not immediately available, the magisterial district judges may proceed on the written assurance of the lawyers that their parties’ consent will be subsequently filed.

   Subdivision B is derived from Canon 5C(3), American Bar Association Code of Judicial Conduct.

   The provisions of this Rule 9 amended February 1, 1973, 3 Pa.B. 275.