WHEREAS, the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania issued a notice of proposed rulemaking concerning the proposed adoption of Pa.R.Civ.P. 1850 which would implement rules and establish additional governing procedures for judicial changes of name filed under 54 Pa.C.S. §§ 701 et seq.; and,

WHEREAS, judicial name change procedures, unlike administrative name change processes (which could be conducted ancillary to marriage, divorce, or adoption, for example), require a petitioning individual to request a court to review and approve a petition requesting a change of name; and,

WHEREAS, proposed Rule 1850 aims to fill procedural gaps in the existing statute, particularly regarding the waiver of notice and sealing of records for individuals whose safety may be jeopardized by public disclosure, specifically including members of the LGBTQ+ community undergoing transition related to their gender identity or expression, survivors of domestic violence, and other vulnerable populations; and,

WHEREAS, proposed Rule 1850 offers clarity and consistency in the name change process, thereby assisting legal practitioners in guiding their clients through this process and ensuring uniformity across judicial districts across the Commonwealth of Pennsylvania; and,

WHEREAS, proposed Rule 1850 emphasizes the importance of confidentiality and safety by allowing petitioners to request the waiver of notice and sealing of records when the circumstances warrant it, which is crucial for the protection of individuals facing unique safety risks, and provide necessary guidance to court officers in interpreting the underlying statute; and,

WHEREAS, proposed Rule 1850 would increase access to justice by providing clearer direction to pro se petitioners on the requisite components of a petition for change of name, and assisting such petitioners by directing such court records be maintained confidentially for purposes of protecting individuals’ privacy, which could particularly protect the rights of transgender, gender non-conforming, and nonbinary petitioners who might face discrimination or other harm due to their gender identity or expression; and,

WHEREAS, by requiring the various judicial districts to designate judges as specialists in name change proceedings and establishing confidentiality procedures, proposed Rule 1850 would enhance the efficiency and security of the name change process, ensuring sensitive information is protected throughout these legal proceedings; and,

WHEREAS, the Philadelphia Bar Association is committed to protecting the rights and well-being of all individuals, and has a compelling interest in advocating for the civil rights and protections of members of the LGBTQ+ community who are seeking legal recognition of their fundamental concepts of identity and being.

NOW, THEREFORE, BE IT RESOLVED, that the Philadelphia Bar Association Board of Governors supports the adoption of proposed Rule 1850 or a similar rule serving the same functions and urges the Pennsylvania Supreme Court to adopt proposed Rule 1850 or a similar rule; and

BE IT FURTHER RESOLVED, that the Philadelphia Bar Association authorizes the Chancellor or the Chancellor's designee to communicate the content of these Resolutions to the Supreme Court of Pennsylvania, the Civil Procedural Rules Committee, the Pennsylvania Bar Association, other public officials, other bar associations, and the public at large and to take other such action as may be appropriate.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: September 26, 2024