2012 Pennsylvania Consolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 93 - Independent Counsel
Section 9319 - Duties of panel

     § 9319.  Duties of panel.
        (a)  Appointment and jurisdiction of independent counsel.--
            (1)  Upon receipt of an application, the panel shall
        appoint an appropriate independent counsel and shall define
        that independent counsel's prosecutorial jurisdiction. The
        appointment shall occur no later than 30 days after the
        receipt of the application.
            (2)  The panel shall appoint as independent counsel an
        individual who has appropriate experience and who will
        conduct the investigation and any prosecution in a prompt,
        responsible and cost-effective manner. The panel shall seek
        to appoint as independent counsel an individual who will
        serve to the extent necessary to complete the investigation
        and any prosecution without undue delay. The panel may not
        appoint as an independent counsel any person who holds any
        office of profit or trust with the Commonwealth. No person
        who is serving as a special investigative counsel may be
        appointed or serve as an independent counsel in the matter
        for which they had been appointed to investigate as special
        investigative counsel. If an independent counsel is
        appointed, the independent counsel may only accept the
        appointment when such appointment would not conflict with the
        rules governing professional conduct.
            (3)  In defining the independent counsel's prosecutorial
        jurisdiction, the panel shall assure that the independent
        counsel has adequate authority to fully investigate and
        prosecute the subject matter with respect to which the
        special investigative counsel has requested the appointment
        of the independent counsel and all matters related to that
        subject matter. Jurisdiction shall also include the authority
        to investigate and prosecute the following offenses which may
        arise out of the investigation with respect to which the
        special investigative counsel's request was made:
                (i)  An offense classified higher than a misdemeanor
            of the second degree.
                (ii)  An offense which is classified higher than a
            summary offense and which involves a breach of the public
            trust. This paragraph includes a violation of the act of
            June 3, 1937 (P.L.1333, No.320), known as the
            Pennsylvania Election Code, or the act of October 4, 1978
            (P.L.883, No.170), referred to as the Public Official and
            Employee Ethics Law.
            (4)  The panel shall disclose the identity of the
        independent counsel upon appointment.
        (b)  Expansion of jurisdiction.--
            (1)  The panel upon the request of the General Counsel
        may expand the prosecutorial jurisdiction of an independent
        counsel. The expansion may be in lieu of the appointment of
        another independent counsel.
            (2)  If the independent counsel discovers or receives
        information about possible violations of criminal law by
        persons as provided in section 9312 (relating to preliminary
        investigation) which are not covered by the prosecutorial
        jurisdiction of the independent counsel, the independent
        counsel may submit the information to the General Counsel. In
        accordance with this subchapter, the General Counsel shall
        appoint a special investigative counsel to conduct a
        preliminary investigation of the information, except that the
        preliminary investigation shall not exceed 30 days from the
        date the information is received. In making the
        determinations required by this subchapter, the special
        investigative counsel shall give great weight to any
        recommendations of the independent counsel.
            (3)  If the special investigative counsel determines,
        after according great weight to the recommendations of the
        independent counsel, that there are no reasonable grounds to
        believe that further investigation is warranted, the special
        investigative counsel shall promptly so notify the panel, and
        the panel shall have no power to expand the jurisdiction of
        the independent counsel or to appoint another independent
        counsel with respect to the matters involved.
            (4)  The panel shall expand the jurisdiction of the
        appropriate independent counsel to include the matters
        involved or shall appoint another independent counsel to
        investigate the matters if:
                (i)  the special investigative counsel determines
            that there are reasonable grounds to believe that further
            investigation is warranted; or
                (ii)  the 30-day period referred to in paragraph (2)
            elapses without a notification to the panel that no
            further investigation is warranted.
            (5)  If the independent counsel discovers or receives
        information about possible violations of criminal law by
        persons other than those provided for in section 9312 and
        which are not covered by the prosecutorial jurisdiction of
        the independent counsel and a request for expansion under
        this subsection has not been made by the General Counsel or
        the request for expansion under this subsection has been
        denied by the panel, the independent counsel shall submit the
        information to the appropriate law enforcement authority.
        (c)  Return for further explanation.--Upon receipt of a
     notification under this subchapter that there are no reasonable
     grounds to believe that further investigation is warranted with
     respect to information received under this chapter, the panel
     shall have no authority to overrule this determination but may
     return the matter to the special investigative counsel for
     further explanation of the reasons for the determination.
        (d)  Vacancies.--If a vacancy in office arises by reason of
     the resignation, death or removal of an independent counsel, the
     panel shall appoint an independent counsel to complete the work
     of the independent counsel whose resignation, death or removal
     caused the vacancy, except that, in the case of a vacancy
     arising by reason of the removal of an independent counsel, the
     panel may appoint an acting independent counsel to serve until
     any judicial review of the removal is completed.