SENATE AMENDED
        PRIOR PRINTER'S NOS. 1604, 1844, 3004,        PRINTER'S NO. 3573
        3183, 3272, 3293

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1375 Session of 1975


        INTRODUCED BY MESSRS. ECKENSBERGER, PRATT, DOYLE, ZORD, REED,
           CUMBERLAND, ZELLER, POLITE, RITTER, ZWIKL, DAVIS,
           DiCARLO, BRANDT, LEHR, McGINNIS, SPENCER, RUGGIERO, GARZIA
           AND GREEN, JUNE 3, 1975

        SENATOR NOLAN, RULES AND EXECUTIVE NOMINATIONS, IN SENATE,
           AS AMENDED, JUNE 22, 1976

                                     AN ACT

     1  Implementing the provisions of article V of the Constitution of
     2     Pennsylvania relating to district justices; establishing
     3     magisterial districts; setting salaries and expenses;
     4     providing for certain education requirements; fixing
     5     jurisdiction; creating an administrator for district justices
     6     and imposing powers and duties on such administrator;
     7     requiring certain liability insurance; and making repeals.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10                             ARTICLE I
    11                       Preliminary Provisions
    12     Section 101.  Short Title.--This act shall be known and may
    13  be cited as the "Magisterial District Reform Act."
    14     Section 102.  Application.--Except for magisterial districts
    15  in cities of the first class and counties of the first class,
    16  this act shall apply to all magisterial districts in this
    17  Commonwealth.
    18     Section 103.  Definitions.--As used in this act:

     1     "Board" means the administrative board known as the "Minor
     2  Judiciary Education Board" established by this act.
     3     "Court" means the Supreme Court of Pennsylvania or the court
     4  of common pleas for each judicial district under the direction
     5  of the Supreme Court of Pennsylvania.
     6     "Department" means the Department of Education.
     7     "District justice" means a justice of the peace elected or
     8  appointed to a term of office on or after January 1, 1970.
     9     "Political subdivision" means a city of the second class, a
    10  city of the second class A, city of the third class, borough,
    11  incorporated town and townships of the first or second class or
    12  any similar general purpose unit of government hereafter created
    13  by the General Assembly.
    14     "Population" means the number of persons residing within a
    15  political subdivision or part thereof as determined by the then
    16  current Federal decennial or Federal special census.
    17     "Population density" means the number of persons residing
    18  within a political subdivision or part thereof as determined by
    19  dividing said number by the land area expressed in square miles
    20  as determined in the official publication by the Bureau of
    21  Statistics of the Department of Commerce.
    22                             ARTICLE II
    23               Magisterial Districts and Compensation
    24     Section 201.  Classification of Magisterial Districts.--(a)
    25  Second class counties.--The classes of magisterial districts in
    26  judicial districts coextensive with counties of the second class
    27  shall be determined as follows:
    28     (1)  Magisterial districts of the first class shall have a
    29  population density of more than 5,000 persons per square mile
    30  and a population of not less than 65,000 persons.
    19750H1375B3573                  - 2 -

     1     (2)  Magisterial districts of the second class shall have a
     2  population density of more than 500 persons per square mile and
     3  a population of between 22,500 and 65,000 persons.
     4     (3)  Magisterial districts of the third class shall have a
     5  population density of more than 200 persons per square mile and
     6  a population of between 12,000 and 22,500 persons.
     7     (4)  Magisterial districts of the fourth class shall have a
     8  population density of more than 70 persons per square mile and a
     9  population of between 7,500 and 12,000 persons.
    10     (5)  Magisterial districts of the fifth class shall have a
    11  population density of less than 70 persons per square mile and a
    12  population of between 4,000 and 7,500 persons.
    13     (b)  Other counties.--The classes of magisterial districts in
    14  judicial districts not coextensive with counties of the first
    15  class or counties of the second class shall be determined as
    16  follows:
    17     (1)  Magisterial districts of the first class shall have a
    18  population density of more than 1,000 persons per square mile
    19  and a population of not less than 15,000 persons.
    20     (2)  Magisterial districts of the second class shall have a
    21  population density of more than 400 persons per square mile and
    22  a population of not less than 4,000 persons.
    23     (3)  Magisterial districts of the third class shall have a
    24  population density of less than 400 persons per square mile and
    25  a population of not less than 4,000 persons.
    26     (4)  Magisterial districts of the fourth class shall have a
    27  population density of less than 400 persons per square mile and
    28  a population of between 2,000 and 4,000 persons. The number of
    29  magisterial districts of the fourth class within a judicial
    30  district shall not be increased.
    19750H1375B3573                  - 3 -

     1     Section 202.  Reestablishment of Magisterial Districts.--(a)
     2  General rule.--In each year following that in which the Federal
     3  decennial census is officially reported as required by Federal
     4  law the court shall reestablish the number, boundaries and
     5  classes of magisterial districts within each judicial district
     6  except:
     7     (1)  The first judicial district.
     8     (2)  Any judicial district where a community court has been
     9  established and not discontinued.
    10  The number, boundaries and class of magisterial districts within
    11  each judicial district shall be revised from time to time as
    12  required for the efficient administration of justice within each
    13  magisterial district.
    14     (b)  Discontinuance of community court.--The court upon the
    15  discontinuance of a community court shall establish the number,
    16  boundaries and classes of magisterial districts within the
    17  judicial district embracing such discontinued community court.
    18  Such action shall be completed prior to the first Monday of
    19  January of the odd-numbered year next following the primary
    20  election at which the discontinuance of the community court is
    21  approved.
    22     (c)  Standards for establishment of magisterial districts.--
    23  In the case of a political subdivision containing within its
    24  boundaries two or more magisterial districts, the court shall
    25  divide the political subdivision into magisterial districts as
    26  nearly equal as possible in population and area, and the court
    27  may presume that the population density of each part of a
    28  political subdivision is the same population density as for the
    29  whole political subdivision. The court in establishing the
    30  number and boundaries of magisterial districts shall not
    19750H1375B3573                  - 4 -

     1  subdivide political subdivisions unless either:
     2     (1)  the political subdivision contains two or more
     3  noncontiguous parts; or
     4     (2)  the political subdivision contains within its boundaries
     5  two or more magisterial districts, in which case wards or other
     6  election districts of the political subdivision shall not be
     7  subdivided.
     8     Section 203.  Number of Justices.--There shall be one
     9  district justice for each magisterial district established.
    10     Section 204.  Priority of Judicial Business.--A district
    11  justice shall devote the time necessary for the prompt and
    12  proper disposition of the business of his office, which shall be
    13  given priority over any other occupation, business, profession,
    14  pursuit or activity. He shall not use or permit the use of the
    15  premises established for the disposition of his magisterial
    16  business for any other occupation, business, profession or
    17  gainful pursuit. No district justice shall hold any other
    18  elected or appointed public office in the Commonwealth. All
    19  district justices shall be subject to the Canons of Ethics
    20  applied to judges of the courts of common pleas of this
    21  Commonwealth in so far as such canons apply to salaries, full-
    22  time duties and conflicts of interest.
    23     Section 205.  Retired District Justices.--Retired district
    24  justices, who retire subsequent to January 1, 1976, may be
    25  eligible for recall to duty by the district justice
    26  administrator at the same per diem salary as paid to a district
    27  justice serving outside of the elected magisterial district.
    28     A qualified retired district justice, who wishes to be
    29  recalled for duty, shall register with the district justice
    30  administrator and agree to abide by any rules and regulations
    19750H1375B3573                  - 5 -

     1  set forth by the administrator.
     2     Retired district justices shall not include district justices
     3  defeated for reelection by the electorate, nor shall it include
     4  any district justice who was suspended or removed from office.
     5     Section 206.  Compensation.--(a) A district justice shall
     6  receive an annual salary paid by the Commonwealth and computed
     7  by adding to nine thousand dollars ($9,000) the product of the
     8  population of his magisterial district times forty cents (40¢)    <--
     9  SIXTY CENTS (60¢), but in no event shall the salary exceed        <--
    10  nineteen thousand five hundred dollars ($19,500) or be less than
    11  ten thousand five hundred dollars ($10,500).
    12     (b)  Expenses while temporarily assigned.--Any district
    13  justice temporarily assigned to sit outside the political
    14  subdivision in which such justice's magisterial district is
    15  located shall be paid by the county, in which magisterial
    16  district the justice is temporarily assigned to, the actual,
    17  accountable expenses, not to exceed $44 per day, and mileage at
    18  15¢ per mile for each day as such justice is so assigned.
    19     Section 207.  Mandatory Liability Insurance.--Every district
    20  justice shall be covered by an errors and omissions liability
    21  insurance policy to be purchased by the Commonwealth in such
    22  amounts as are set forth by the Supreme Court. In meeting its
    23  obligation under this section, the Commonwealth shall purchase
    24  one policy covering all district justices within the
    25  Commonwealth.
    26     The cost of such liability insurance shall be equally divided
    27  between the Commonwealth and the individual district justices.
    28     Section 208.  Offices.--The district justice shall establish
    29  an office or offices within the magisterial district in
    30  locations approved by the president judge of the court of common
    19750H1375B3573                  - 6 -

     1  pleas in compliance with standards and rules prescribed by the
     2  Supreme Court.
     3     Reasonable costs and expenses incident to the establishment,
     4  maintenance and operation of offices of district justices as
     5  approved by the president judge of the court of common pleas and
     6  the county commissioners in compliance with standards and rules
     7  prescribed by the Supreme Court shall be paid by the county in
     8  which the offices are located.
     9     Section 209.  Disposition.--(a) Costs.--Costs collected by a
    10  district justice shall be paid monthly to the Commonwealth in
    11  amounts as prescribed in subsection (b), and the balance shall
    12  be paid monthly to the county in which the magisterial district
    13  is located. Costs paid to the Commonwealth shall be credited to
    14  the General Fund. Costs paid to the county shall be retained by
    15  the county for its use.
    16     (b)  Commonwealth share.--Amounts payable to the
    17  Commonwealth:
    18     (1)  Summary convictions, except motor vehicle
    19          cases ........................................... $ 5.00
    20     (2)  Summary convictions, motor vehicle cases other
    21          than (3) below .................................. $ 5.00
    22     (3)  Summary convictions, motor vehicle cases,
    23          hearing demanded ................................ $ 5.00
    24     (4)  Misdemeanor ..................................... $ 7.00
    25     (5)  Felony .......................................... $ 8.00
    26     (6)  Assumpsit or trespass involving
    27             (i)  $100 or less ............................ $ 2.50
    28             (ii)  More than $100 but not more than
    29                   $300 ................................... $ 5.00
    30             (iii)  More than $300 but not more than
    19750H1375B3573                  - 7 -

     1                   $500 ................................... $ 7.50
     2             (iv)  More than $500 ......................... $10.00
     3     (7)  Landlord-tenant proceeding ...................... $10.00
     4     (8)  Order of execution .............................. $10.00
     5     (9)  Issuing a search warrant ........................ $ 7.00
     6                            ARTICLE III
     7                         Powers and Duties
     8     Section 301.  Powers of District Justices.--Every district
     9  justice shall have power to issue every lawful process to or to
    10  be served or enforced by system and related personnel and to
    11  make such lawful orders as his official business may require.
    12     Section 302.  Seal.--Each magisterial district shall have a
    13  seal, which shall be in the custody of the district justice
    14  elected or appointed for such district. The official acts of the
    15  district justice shall be authenticated therewith. There shall
    16  be engraved on the seal such inscription as may be specified by
    17  general rule.
    18     Section 303.  Jurisdiction.--Except as otherwise provided,
    19  district justices shall, under procedures prescribed by general
    20  rule, have jurisdiction of the following matters:
    21     (1)  All civil claims wherein the sum demanded does not
    22  exceed $2,000, exclusive of interest and costs, in the following
    23  classes of cases:
    24     (i)  actions in assumpsit, except cases where the title to
    25  real estate may be in question;
    26     (ii)  actions in trespass, including all forms of trespass
    27  and trespass on the case; and
    28     (iii)  actions for fines and penalties by any government
    29  agency.
    30  A plaintiff may waive a portion of the claim of more than $2,000
    19750H1375B3573                  - 8 -

     1  so as to bring the matter within the jurisdiction of a district
     2  justice. Such waiver shall remain effective except upon appeal
     3  by either party or when the judgment is set aside upon
     4  certiorari.
     5     (2)  All summary offenses, except those within the
     6  jurisdiction of an established and open traffic court.
     7     (3)  All violations under the provisions of section 1037 of
     8  the act of April 29, 1959 (P.L.58, No.32), known as "The Vehicle
     9  Code," provided the following criteria are met:
    10     (i)  the violation is a first offense;
    11     (ii)  no personal injury resulted from the violation;
    12     (iii)  no property damage resulted from the violation; and
    13     (iv)  the defendant pleads guilty.
    14  The arresting authority shall transmit a copy of the charge of
    15  any violation of section 1037 of "The Vehicle Code," to the
    16  county clerk of courts within five days after the preliminary
    17  arraignment. Within ten days after the disposition, the district
    18  justice shall certify the disposition to the county clerk of
    19  courts.
    20     (4)  All violations under the provisions of Title 18 (Crimes
    21  and Offenses) of the act of November 25, 1970 (P.L.707, No.230),
    22  known as the Pennsylvania Consolidated Statutes which are
    23  classified as misdemeanors of the third degree, except
    24  violations under sections 4303, 4321, 4323 and 5103 of Title 18,
    25  provided the following criteria are met:
    26     (i)  the misdemeanor is not the result of a reduced charge;
    27     (ii)  the defendant pleads guilty; and
    28     (iii) any personal injury and/or property damage is less than
    29  $100.
    30     (5)  Matters arising under the act of April 6, 1951 (P.L.69,
    19750H1375B3573                  - 9 -

     1  No.20), known as "The Landlord and Tenant Act of 1951," which
     2  are stated therein to be within the jurisdiction of a justice of
     3  the peace.
     4     (6)  As commissioners to preside at arraignments, fix and
     5  accept bail, issue warrants and perform duties of a similar
     6  nature including the jurisdiction of a committing magistrate in
     7  all criminal proceedings.
     8     (7)  All matters jurisdiction of which is vested in district
     9  justices by any statute.
    10     Section 304.  Venue and Process.--(a) Venue.--The venue of a
    11  district justice concerning matters over which jurisdiction is
    12  conferred by section 303 shall be as prescribed by general rule.
    13     (b)  Process.--The process of the district justice shall
    14  extend beyond the limits of the magisterial district to the
    15  extent prescribed by general rule.
    16     Section 305.  Lien of Judgment.--No judgment of a district
    17  justice shall in any manner operate as a lien on real property
    18  until a transcript of the record showing a final judgment of a
    19  district justice has been filed in the manner prescribed by
    20  general rules in the office of the clerk of the court of common
    21  pleas of the county where the property is situated, or in the
    22  office of the clerk of the branch of the court of common pleas
    23  embracing such county. After such entry the judgment shall, from
    24  the date of such entry, be a lien upon property to the same
    25  extent that judgment recovered in the court of common pleas is a
    26  lien. No such transcript shall be filed until after 30 days
    27  after the entry of final judgment by the district justice. No
    28  execution against real estate shall be issued by a district
    29  justice.
    30     Section 306.  Restitution.--(a) Restitution authorized.--In
    19750H1375B3573                 - 10 -

     1  addition to the punishment prescribed by law for an offense
     2  within the jurisdiction of a district justice to convict and
     3  sentence a defendant, upon conviction of the defendant of the
     4  offense the district justice may order the defendant to
     5  compensate the victim of the criminal conduct for the damage or
     6  injury that he sustained.
     7     (b)  Authority of district justice.--In determining whether
     8  to order restitution the district justice:
     9     (1)  Shall consider:
    10     (i)  The financial means of the defendant.
    11     (ii)  The extent of injury suffered by the victim.
    12     (iii)  Such other matters of record as he deems appropriate.
    13     (2)  May order restitution in a lump sum, by monthly
    14  installments, or according to such other schedule as he deems
    15  just.
    16     (3)  May at any time alter or amend any order of restitution
    17  made pursuant to this section.
    18     (c)  Payment and records.--Restitution shall be made by the
    19  defendant to the district justice. The district justice shall
    20  forward to the victim the property or payments made pursuant to
    21  the restitution order. The district justice shall maintain
    22  records of the restitution order and its satisfaction.
    23     (d)  Enforcement of order.--Whenever the defendant shall fail
    24  to make restitution within 20 days to a district justice as
    25  ordered, the district justice shall declare the defendant in
    26  contempt of court and forward the case to the court of common
    27  pleas. Upon receipt of the contempt decision from a district
    28  justice, the court shall order a hearing to determine if the
    29  defendant is in contempt of court.
    30     (e)  Civil remedies preserved.--No order of restitution shall
    19750H1375B3573                 - 11 -

     1  debar the owner of the property or the victim who sustained
     2  personal injury, by appropriate action, to recover from the
     3  defendant as otherwise provided by law, provided that any civil
     4  award shall take into account the money paid under the order of
     5  restitution.
     6                             ARTICLE IV
     7                               Costs
     8     Section 401.  Criminal Cases.--The costs to be charged by the
     9  minor judiciary in every criminal case, except as hereinafter
    10  provided, shall be as follows:
    11     (1)  Summary conviction, except motor vehicle cases... $16.00
    12     (2)  Summary convictions, motor vehicle cases,
    13          other than (3) below............................. $10.00
    14     (3)  Summary convictions, motor vehicle cases,
    15          hearing demanded................................  $15.00
    16     (4)  Misdemeanor...................................... $20.00
    17     (5)  Felony........................................... $25.00
    18     Such costs shall include all charges including the costs of
    19  postage and registered mail and the costs of giving a transcript
    20  to the prosecutor or defendant, or both, if requested.
    21     Section 402.  Payment of Summary Conviction Costs by
    22  County.--(a) Division of costs.--In every case of summary
    23  conviction in which the evidence is not sufficient to convict
    24  and the defendant is dismissed, the costs thereof shall be borne
    25  by the county if the prosecutor is a police officer engaged as
    26  such in the employ of this Commonwealth or of any of its
    27  political subdivisions. In all other cases, the costs shall be
    28  paid by the prosecutor or by the defendant if so permitted by
    29  law.
    30     (b)  County to pay where default.--In every case of summary
    19750H1375B3573                 - 12 -

     1  conviction in which the defendant is convicted and sentenced to
     2  jail in default of the payment of the fine and costs imposed,
     3  the costs of prosecution shall be paid by the county.
     4     (c)  County of the second class.--In any case before a
     5  salaried magistrate where costs are payable by a county of the
     6  second class, the costs chargeable to the county shall be one-
     7  half of the costs set forth in section 401.
     8     Section 403.  Civil Cases.--The costs to be charged by the
     9  minor judiciary in every civil case, except as hereinafter
    10  provided, shall be as follows:
    11     (1)  Assumpsit or trespass involving $100 or less..... $10.00
    12     (2)  Assumpsit or trespass involving more than
    13          $100 but not more than $300...................... $15.00
    14     (3)  Assumpsit or trespass involving more than
    15          $300 but not more than $500...................... $20.00
    16     (4)  Assumpsit or trespass involving more than $500... $25.00
    17     (5)  Landlord and tenant proceeding................... $25.00
    18     (6)  Order of execution............................... $15.00
    19     Such costs shall include all charges including, when called
    20  for, the costs relating to depositions and interrogatories and
    21  the costs of postage and registered mail, except the costs of a
    22  transcript of every proceeding on appeal or certiorari
    23  (including affidavit, bail and certificate), which shall be
    24  $2.50 per transcript.
    25     Section 404.  Unclassified Costs or Charges.--The costs to be
    26  charged by the minor judiciary in the following instances not
    27  readily classifiable shall be as follows:
    28     (1)  Order for relief or removal of pauper............  $3.00
    29     (2)  Order to seize goods for maintenance of
    30          wife or children.................................  $3.00
    19750H1375B3573                 - 13 -

     1     (3)  Entering transcript of judgment from another
     2          member of the minor judiciary....................  $3.00
     3     (4)  Certificate to obtain land warrant...............  $3.00
     4     (5)  Marrying each couple, making record thereof,
     5          and certificate to the parties...................  $5.00
     6     (6)  Swearing and affirming county, township, or
     7          other public officer, each officer...............  $3.00
     8     (7)  Probating accounts...............................  $3.00
     9     (8)  Issuing a search warrant......................... $10.00
    10     Section 405.  Federal Cases.--The costs to be charged by the
    11  minor judiciary for services under the laws of the United States
    12  shall be as follows:
    13     (1)  For certificate of protection....................  $2.00
    14     (2)  For certificate of lost protection...............  $2.00
    15     (3)  Warrant..........................................  $2.00
    16     (4)  Commitment.......................................  $2.00
    17     (5)  Summons for seamen in admiralty case.............  $2.00
    18             hearing thereon...............................  $2.00
    19     (6)  For certificate to clerk of the district court
    20          to issue admiralty process.......................  $2.00
    21     (7)  For affidavit of claims and copies thereof.......  $2.00
    22     (8)  Affidavit of defense.............................  $2.00
    23                             ARTICLE V
    24                             Education
    25     Section 501.  Minor Judiciary Education Board; Department of
    26  Education.--There shall be appointed by the Governor with the
    27  consent of two-thirds of the members elected to the Senate an
    28  administrative board composed of seven members to be known as
    29  the "Minor Judiciary Education Board." Three of the members of
    30  the board shall be members of the bar of the Pennsylvania
    19750H1375B3573                 - 14 -

     1  Supreme Court, three of the members shall be district justices
     2  or judges of the Traffic Court of the City of Philadelphia, and
     3  one member shall be a lay citizen. Three members shall be
     4  appointed for terms of five years, three members shall be
     5  appointed for terms of four years, and one member shall be
     6  appointed for a term of three years, and until their successors
     7  have been appointed and qualified. Thereafter each appointment
     8  shall be for a term of five years and until a successor has been
     9  appointed and qualified. Four members of the board shall
    10  constitute a quorum; and, no action of the board shall be valid
    11  unless it shall have the concurrence of at least four members.
    12  Each member shall be paid $50 for each day or part thereof upon
    13  which he attends a board meeting, or performs any duty assigned
    14  to him by the chairman; and, he shall be reimbursed for
    15  reasonable traveling or other expenses incurred incident to such
    16  attendance and to such assigned duty. The board shall organize
    17  by electing a chairman. The board shall prescribe and approve
    18  the subject matter and the examination for the course of
    19  instruction and training required by the Constitution of the
    20  Commonwealth of Pennsylvania and this act. The department shall
    21  serve as the administrative officers of the board and in such
    22  capacity shall, subject to the direction of the board,
    23  administer the course of instruction and training and conduct
    24  the examination.
    25     Section 502.  Course of Instruction.--District justices shall
    26  complete a course of training and instruction in the duties of
    27  their offices as required by the Constitution of the
    28  Commonwealth of Pennsylvania and successfully pass an
    29  examination prior to filing a nominating petition for a
    30  candidacy in a primary election for the office of district
    19750H1375B3573                 - 15 -

     1  justice, which course of training and instruction shall not
     2  exceed four weeks in duration and shall consist of a minimum of
     3  40 hours of class instruction in civil and criminal law
     4  including evidence, procedure, summary proceeding, and laws
     5  relating to motor vehicles. The department shall make the course
     6  of instruction available at such times as determined by it and
     7  the board, so as to insure that any district justice, to be
     8  elected or appointed may qualify to assume office as soon as
     9  possible. By regulation the board shall direct the department to
    10  conduct the course at such time, at such places and in such
    11  manner as it shall prescribe.
    12     In addition to those required by the Constitution of the
    13  Commonwealth of Pennsylvania and this act to complete the course
    14  of training and instruction and successfully pass an examination
    15  prior to filing a nominating petition for a candidacy in a
    16  primary election for the office of district justice, any
    17  interested person may apply to the department to be enrolled in
    18  the course of instruction and take the examination, subject to
    19  such rules and regulations as the department with the approval
    20  of the board may determine. Any such interested person who
    21  successfully completes the course and passes the examination
    22  shall secure an appropriate certificate from the department and
    23  file same as set forth in section 505.
    24     Section 503.  Costs.--The course of training and instruction
    25  required by the Constitution of the Commonwealth of Pennsylvania
    26  and this act shall be provided at the expense of the
    27  Commonwealth. Until such person has successfully completed the
    28  course of training and instruction and passed the examination,
    29  he shall not file any nominating petition for the office of
    30  district justice anywhere in the Commonwealth.
    19750H1375B3573                 - 16 -

     1     Section 504.--Rules and Regulations.--The department shall,
     2  with the approval of the board, have the power to promulgate
     3  such rules and regulations as are necessary to carry out its
     4  duties under this act.
     5     Section 505.  Completion of Course.--Upon the successful
     6  completion of the course of training and instruction and
     7  examination, the department shall issue a certificate in the
     8  form prescribed by the board, certifying that such person is
     9  qualified to perform his duties as required by the Constitution
    10  of the Commonwealth of Pennsylvania. Such certificate shall be
    11  filed in the office of the prothonotary of the county in which
    12  the district justice resides. In the event that an appointed
    13  district justice as required by the Constitution of the
    14  Commonwealth of Pennsylvania and this act to successfully
    15  complete such course, has failed to obtain and file such
    16  certificate in the proper prothonotary's office within nine
    17  months after his appointment, said office of district justice or
    18  judge shall be vacant, such vacancy to be filled as otherwise
    19  provided by law, and in the case of justice of the peace, said
    20  office shall be abolished.
    21     Section 506.  Continuing Education Requirement.--Every
    22  district justice shall complete a continuing education program
    23  each year equivalent to not less than 32 hours per year in such
    24  courses or programs as are approved by the board.
    25                             ARTICLE VI
    26                   District Justice Administrator
    27     Section 601.  Office of District Justice Administrator.--
    28  There is hereby established within the Administrative Office of
    29  Pennsylvania Courts a branch office to be known as the Office of
    30  District Justice Administrator to be supervised by such person
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     1  as the Supreme Court shall appoint to act as administrator.
     2     Section 602.  Powers and Duties.--The district justice
     3  administrator shall have the following powers and duties:
     4     (1)  to be responsible for the prompt and proper disposition
     5  of the business of all district justices;
     6     (2)  to perform all functions now carried out by the court
     7  administrator;
     8     (3)  to require and receive reports from the various judicial
     9  districts relating to the utilization of the district justices
    10  in the judicial districts;
    11     (4)  to transfer the various district justices to other
    12  judicial districts on a temporary basis in an effort to remove
    13  any backlog of cases. Any transfers made under this paragraph
    14  shall be subject to the approval of the president judge of the
    15  judicial district from which the district justice is being
    16  temporarily transferred;
    17     (5)  to prescribe forms to be used by district justices;
    18     (6)  to make such rules and regulations as are necessary to
    19  the efficient functioning of the Office of District Justice
    20  Administrator; and
    21     (7)  to employ such individuals as approved by the Supreme
    22  Court to implement the provisions of this act.
    23                            ARTICLE VII
    24                      Miscellaneous Provisions
    25     Section 701.  Repealers.--(a) Specific repealers.--
    26     (1)  The act of January 7, 1952 (P.L.1841, No.492), known as
    27  the "Minor Judiciary Fee Bill."
    28     (2)  The act of December 2, 1968 (P.L.1131, No.352), known as
    29  the "Magisterial Districts Act," in so far as it relates to
    30  district justices and magisterial districts outside of cities
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     1  and counties of the first class.
     2     (3)  The act of February 24, 1970 (P.L.53, No.22), known as
     3  the "Minor Judiciary Education Act," in so far as it relates to
     4  district justices.
     5     (b)  General repealer.--Any act or part of an act
     6  inconsistent with the provisions of this act is repealed to the
     7  extent of the inconsistency.
     8     Section 702.  Effective Date.--This act shall take effect
     9  July 1, 1976.














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