PRINTER'S NO. 2076
No. 1648 Session of 2005
INTRODUCED BY O'BRIEN, DALEY, ADOLPH, ARGALL, BAKER, BALDWIN,
BARRAR, BASTIAN, BEBKO-JONES, BELFANTI, BLAUM, BOYD, BROWNE,
BUNT, BUTKOVITZ, BUXTON, CALTAGIRONE, CAPPELLI, CAUSER,
CIVERA, CLYMER, COHEN, CORRIGAN, COSTA, CRAHALLA, CREIGHTON,
CURRY, DALLY, DENLINGER, DERMODY, DeWEESE, DiGIROLAMO,
EACHUS, D. EVANS, J. EVANS, FABRIZIO, FAIRCHILD, FICHTER,
FLEAGLE, FLICK, FRANKEL, FREEMAN, GABIG, GANNON, GEIST,
GEORGE, GERBER, GERGELY, GODSHALL, GOODMAN, GRELL, HANNA,
HARHAI, HARHART, HARPER, HARRIS, HASAY, HENNESSEY, HERMAN,
HESS, HICKERNELL, HUTCHINSON, JAMES, KAUFFMAN, W. KELLER,
KENNEY, KILLION, LaGROTTA, LEACH, LEDERER, LEH, LESCOVITZ,
LEVDANSKY, MACKERETH, MAITLAND, MANN, MARKOSEK, MARSICO,
McCALL, McGEEHAN, McGILL, McILHATTAN, McILHINNEY, McNAUGHTON,
MELIO, MICOZZIE, R. MILLER, NAILOR, NICKOL, O'NEILL, PALLONE,
PAYNE, PETRARCA, PETRI, PETRONE, PHILLIPS, PISTELLA, PRESTON,
QUIGLEY, RAPP, RAYMOND, READSHAW, REED, REICHLEY, ROBERTS,
ROONEY, SAMUELSON, SATHER, SAYLOR, SCHRODER, SEMMEL, SHANER,
SHAPIRO, B. SMITH, SOLOBAY, STABACK, STEIL, STERN, STETLER,
R. STEVENSON, STURLA, SURRA, TANGRETTI, E. Z. TAYLOR,
J. TAYLOR, THOMAS, TIGUE, TRUE, WALKO, WANSACZ, WATERS,
WATSON, WHEATLEY, WILT AND WRIGHT, JUNE 7, 2005
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 7, 2005
AN ACT
1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
2 as amended, "An act relating to counties of the first, third,
3 fourth, fifth, sixth, seventh and eighth classes; amending,
4 revising, consolidating and changing the laws relating
5 thereto; relating to imposition of excise taxes by counties,
6 including authorizing imposition of an excise tax on the
7 rental of motor vehicles by counties of the first class; and
8 providing for regional renaissance initiatives," further
9 providing for qualifications, eligibility and compensation
10 for district attorneys; and making repeals.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
1 Section 1. Section 102 of the act of August 9, 1955
2 (P.L.323, No.130), known as The County Code, amended June 18,
3 1997 (P.L.179, No.18), is amended to read:
4 Section 102. Applicability.--(a) Except incidentally, as in
5 sections 108, 201, 210 [and 211], 211 and 1401 or as provided in
6 Article XXX, this act does not apply to counties of the first,
7 second A, or second classes.
8 (b) Except where otherwise specifically limited, this act
9 applies to all counties of the third, fourth, fifth, sixth,
10 seventh and eighth classes.
11 Section 2. Section 1401 of the act, amended June 16, 1972
12 (P.L.468, No.149), June 24, 1976 (P.L.443, No.107) and November
13 23, 1994 (P.L.640, No.98), is amended to read:
14 Section 1401. District Attorney; Qualifications;
15 Eligibility; Compensation.--(a) The district attorney shall be
16 a resident of the county, [learned in the law,] at least
17 [eighteen] twenty-five years of age, and a citizen of the United
18 States [and, except as otherwise provided in subsection (b) of
19 this section for counties of the seventh and eighth classes],
20 shall have been admitted to practice as an attorney before the
21 Supreme Court of this Commonwealth for at least one year prior
22 to taking the oath of office and shall have resided in the
23 county for which he is elected or appointed for two years next
24 preceding his election or appointment.
25 [(b) In counties of the seventh and eighth classes, the
26 district attorney shall have resided in the county for which he
27 is elected or appointed for one year next preceding his election
28 or appointment, and be a resident of such county.
29 (c) In counties of the third, fourth, fifth and sixth
30 classes, the district attorney shall have been admitted to
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1 practice as an attorney before the Supreme or Superior Courts of
2 this Commonwealth for at least two years prior to the time for
3 taking the oath of office, or shall have been admitted to
4 practice before the Supreme or Superior Courts of this
5 Commonwealth for at least six months prior to the time for
6 taking the oath of office, and have been practicing law before a
7 court of record of this Commonwealth for at least five years.
8 (d) In counties of the seventh class, the district attorney
9 shall have been admitted to practice as an attorney before the
10 Supreme or Superior Courts of this Commonwealth for at least six
11 months prior to the time for taking the oath of office, and
12 shall have practiced before a court of record of this
13 Commonwealth for at least two years.
14 (e) In counties of the eighth class, the district attorney
15 shall have been admitted to practice as an attorney in the
16 Supreme or Superior Court of this Commonwealth prior to the time
17 for taking the oath of office, and shall have practiced law
18 before a court of record of this Commonwealth for eighteen
19 months prior to the time for taking the oath of office.]
20 (f) No district attorney shall be eligible [to] for a seat
21 in the Legislature or to any other office under the laws and
22 Constitution of the Commonwealth, excepting an office or
23 commission in the militia of the Commonwealth, during his
24 continuance in office.
25 (g) [The commissioners of any county may by ordinance fix
26 the services of the district attorney at full time. Such
27 determination may be made at any time, provided that the
28 determination shall not be made between the first day for the
29 circulation of nominating petitions for the office of district
30 attorney and January of the subsequent year. The president judge
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1 of the court of common pleas of the judicial district and the
2 district attorney may make recommendations at any time to the
3 county commissioners on the advisability of full-time service by
4 the district attorney, but the same shall not be binding on
5 them.
6 When the determination by the county commissioners to require
7 a full-time district attorney becomes effective and operative,
8 he] District attorneys of counties of the third, fourth, fifth,
9 sixth and seventh class shall be full time. In counties of the
10 eighth class, the district attorney shall be full time where any
11 of the following apply:
12 (1) The commissioners of the county have by ordinance fixed
13 the services of the district attorney at full time. An ordinance
14 under this clause may not be made between the first day for the
15 circulation of nominating petitions for the office of district
16 attorney and January 1 of the subsequent year.
17 (2) The president judge of the county court of common pleas
18 orders that the office of district attorney shall be full time.
19 Upon motion of the district attorney, the president judge shall
20 conduct a hearing and shall issue an order on the issue of
21 whether the office of district attorney shall be full time
22 within 180 days of the filing of the motion. The order may be
23 appealed by the district attorney or the county commissioners in
24 accordance with the rules of appellate procedure. An order under
25 this clause shall take effect in 60 days. An order under this
26 clause directing that the office of district attorney be full
27 time shall be made if the president judge finds that two or more
28 of the following factors are present in the county:
29 (i) the average caseload of felony, misdemeanor and juvenile
30 cases for the past five years has exceeded two hundred per year;
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1 (ii) the average caseload for homicide cases for the past
2 five years has equaled or exceeded one per year;
3 (iii) the county has any State correctional facility,
4 juvenile detention facility, youth development center, youth
5 forestry camp, other licensed residential facility serving
6 children and youth, or mental health or mental retardation
7 facility or institution, with a population exceeding two hundred
8 fifty, or if the county has more than one such facility or
9 institution, the aggregate population of such facilities and
10 institutions exceeds two hundred fifty;
11 (iv) a major controlled substances transportation route
12 passes through the county;
13 (v) the average number of convictions under 75 Pa.C.S. §
14 3802 (relating to driving under influence of alcohol or
15 controlled substance) or the former 75 Pa.C.S. § 3731 (relating
16 to driving under influence of alcohol or controlled substance)
17 subject to the alcoholic ignition interlock statutory provision
18 requirements exceeds thirty per year; or
19 (vi) the county constitutes a single and separate judicial
20 district.
21 (h) A full-time district attorney shall be compensated at
22 one thousand dollars ($1,000) lower than the compensation paid
23 to a judge of the court of common pleas in the respective
24 judicial district. [It is the legislative intent that all
25 provisions of this subsection requiring full-time service shall
26 be unenforceable until such time as the accompanying salary
27 provisions take effect.
28 Once the determination for a full-time district attorney is
29 made, it shall not thereafter be changed except by referendum of
30 the electorate of the said county. Such referendum may be
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1 instituted by the county commissioners or on petition by five
2 per cent of the electors voting for the office of Governor in
3 the last gubernatorial general election. Such referendum may be
4 held at any election preceding the year in which the district
5 attorney shall be elected. Such]
6 (i) In a county where the office of district attorney is
7 full time, the district attorney shall devote full time to the
8 office. The district attorney while in office, shall not derive
9 any other income as a result of honorariums, profit shares or
10 divisions of income from any firm with which the district
11 attorney was associated prior to election. This limitation shall
12 not be construed, however, to preclude payment of fees earned
13 for legal work done prior to, but not concluded until after the
14 earlier of his [election] being made full time or being sworn in
15 as a full-time district attorney. In addition the district
16 attorney shall not engage in any private practice and must be
17 completely disassociated with any firm with which the district
18 attorney was affiliated prior to [election, nor shall the] the
19 earlier of being made full time or being sworn in as a full-time
20 district attorney. The district attorney-elect may not accept
21 any civil or criminal cases after being elected to the office.
22 [Furthermore, the district attorney shall be subject to the
23 canons of ethics as applied to judges in the courts of common
24 pleas of this Commonwealth in so far as such canons apply to
25 salaries, full-time duties and conflicts of interest.
26 Any complaint by a citizen of the county that a full-time
27 district attorney may be in violation of this section shall be
28 made to the Disciplinary Board of the Supreme Court of
29 Pennsylvania, for determination as to the merit of the
30 complaint. If any substantive basis is found, the board shall
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1 proceed forthwith in the manner prescribed by the rules of the
2 Supreme Court and make such recommendation for disciplinary
3 action as it deems advisable, provided, however, that if the
4 Supreme Court deems the violation so grave as to warrant removal
5 from office, the prothonotary of the said court shall transmit
6 its findings to the Speaker of the House of Representatives for
7 such action as the House deems advisable under Article VI of the
8 Constitution of the Commonwealth of Pennsylvania.
9 Where no such determination to require a full-time district
10 attorney is made, the district attorney shall be permitted to
11 have an outside practice.
12 Notwithstanding the provision of any other statute, the
13 annual salaries of part-time district attorneys shall be as
14 follows:]
15 (j) Each part-time district attorney holding office on the
16 effective date of this subsection shall become a full-time
17 district attorney sixty days thereafter, unless the district
18 attorney elects not to assume full-time status for the remainder
19 of the district attorney's current term of office. The election
20 shall be in writing and delivered to the chairman of the county
21 commissioners, the Secretary of Revenue and the State Treasurer.
22 Where a district attorney elects not to assume full-time status,
23 the district attorney shall be permitted to have an outside
24 practice and shall be compensated, notwithstanding the
25 provisions of any other statutes, as follows: In counties of the
26 third or fourth class, the salary shall be sixty per cent of the
27 annual salary payable to the judge of the court of common pleas
28 of the judicial district of the county; in a county of the fifth
29 or sixth class, the salary shall be fifty per cent of the annual
30 salary payable to the judge of the court of common pleas of the
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1 judicial district of the county; and in a county of the seventh
2 or eighth class, the salary shall be forty per cent of the
3 annual salary payable to the judge of the court of common pleas
4 of the judicial district of the county.
5 (k) Subject to the provisions of subsection (g), any
6 district attorney who chooses to remain part time under
7 subsection (j) shall become full time on the date set forth by
8 statute for the administration of the oath of office after the
9 next election for the office of district attorney.
10 (l) In the event of a vacancy in the office of district
11 attorney, the person appointed to serve the remainder of the
12 unexpired term shall be bound by the election made in subsection
13 (j) for the remainder of said term.
14 (m) A district attorney shall be subject to the Rules of
15 Professional Conduct and the canons of ethics as applied to
16 judges in the courts of common pleas of this Commonwealth
17 insofar as such canons apply to salaries, full-time duties and
18 conflicts of interest. Any complaint by a citizen of the county
19 that a full-time district attorney may be in violation of this
20 section shall be made to the Disciplinary Board of the Supreme
21 Court of Pennsylvania. If any substantive basis is found, the
22 board shall proceed forthwith in the manner prescribed by the
23 rules of the Supreme Court and make such recommendation for
24 disciplinary action as it deems advisable; provided, however,
25 that if the Supreme Court deems the violation so grave as to
26 warrant removal from office, the prothonotary of the Supreme
27 Court shall transmit its findings to the Speaker of the House of
28 Representatives for such action as the House of Representatives
29 deems appropriate under Article VI of the Constitution of
30 Pennsylvania.
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1 (n) The Commonwealth shall annually reimburse each county
2 with a full-time district attorney an amount equal to sixty-five
3 per cent of the district attorney's salary.
4 Section 3. The following acts and parts of acts are
5 repealed:
6 Act of April 12, 1866 (P.L.103, No.91), entitled "An act
7 relative to the fees of district attorney, in certain counties
8 of this commonwealth."
9 Act of March 14, 1905 (P.L.37, No.19), entitled "An act to
10 fix the salaries of district attorneys, and providing for the
11 appointment of assistant district attorneys, in the several
12 counties of this Commonwealth having over eight hundred thousand
13 inhabitants; prescribing the powers and duties, and fixing the
14 salaries of the said assistant district attorneys."
15 Act of April 17, 1905 (P.L.170, No.125), entitled "An act
16 providing that the district attorneys, in all counties whose
17 population does not exceed one hundred and fifty thousand, shall
18 be paid a salary, and fixing the same, which shall be in lieu of
19 all fees, and in full compensation for their services; and
20 providing for the appointment of assistant district attorneys in
21 said counties, and for the compensation of the same; and
22 providing that the fees heretofore allowed the district
23 attorneys upon indictments shall remain in amount as heretofore,
24 but shall hereafter be as part of the costs, for the use and
25 benefit of the proper county."
26 Act of July 9, 1919 (P.L.795, No.329), entitled "An act to
27 fix the salaries of district attorneys in counties having a
28 population of less than one million inhabitants."
29 Section 1401 of the act of July 28, 1953 (P.L.723, No.230),
30 known as the Second Class County Code.
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1 Section 4. This act shall take effect July 1, 2005, or
2 immediately, whichever is later.
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