§ 65.5. Panels.

 A. Except as otherwise provided by these rules, all appeals, whether argued or submitted, shall be assigned to and decided by panels consisting of three judges. A panel may make any order or render any judgment therein. Every such order made or judgment rendered by a panel shall be made and given effect as an order or judgment of the Court and shall be so entered by the clerk.

 B. The President Judge shall appoint the panels, assign cases to the panels, and designate the time, date, and place in which the panels shall sit.

 C. If a member of a panel is unable to attend or is disqualified from sitting on a particular case, the presiding judge of that panel shall secure another judge to sit on that case. If a member of a panel is unable to attend or is disqualified from sitting on a particular panel, the President Judge shall designate and assign another judge to sit on the panel.

 D. The presiding judge of each panel shall be the commissioned judge highest in seniority, except where the panel includes the President Judge who shall then be the presiding judge. The presiding judge shall preside at all panel sessions, assign the cases, and record the assignment of cases. The presiding judge shall transmit to the members of the panel and the Reporter a record of all assignments and/or other actions taken by the panel.

 E.  All discussions, votes, and drafts of decisions prior to the filing of the final decision shall remain confidential.

   Comment: In accordance with Pa.R.A.P. 3102(a), a panel of three judges constitutes a quorum of the Court. 42 Pa.C.S. §  325(e)(1) authorizes the President Judge to make assignments. Subdivision (D) of this rule does not alter the effect of Pa.R.A.P. 3102(b).

   The provisions of this §  65.5 amended November 20, 2003, effective immediately, 33 Pa.B. 5913; amended January 16, 2004, effective December 23, 2003, 34 Pa.B. 379. Immediately preceding text appears at serial pages (301495) to (301496).