THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, M. WHITE, ALLOWAY AND BOSCOLA, APRIL 14, 2010

REFERRED TO LOCAL GOVERNMENT, APRIL 14, 2010  

AN ACT

Amending the act of August 9, 1955 (P.L.323, No.130), entitled,

as amended, "An act relating to counties of the first, third,

fourth, fifth, sixth, seventh and eighth classes; amending,

revising, consolidating and changing the laws relating

thereto; relating to imposition of excise taxes by counties,

including authorizing imposition of an excise tax on the

rental of motor vehicles by counties of the first class; and

providing for regional renaissance initiatives," further

providing for qualifications, eligibility and compensation

for district attorneys.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1401 of the act of August 9, 1955

(P.L.323, No.130), known as The County Code, amended July 14,

2005 (P.L.312, No.57), is amended to read:

Section 1401.  District Attorney; Qualifications;

Eligibility; Compensation.--(a)  The district attorney shall be

a resident of the county, at least twenty-five years of age, and

a citizen of the United States, shall have been admitted to

practice as an attorney before the Supreme Court of this

Commonwealth for at least one year prior to taking the oath of

office and shall have resided in the county for which he is

elected or appointed for one year next preceding his election or

appointment.

(f)  No district attorney shall be eligible for a seat in the

Legislature or to any other office under the laws and

Constitution of the Commonwealth, excepting an office or

commission in the militia of the Commonwealth, during his

continuance in office.

(g)  In counties of the eighth class, the district attorney

shall be full time where any of the following apply:

(1)  The commissioners of the county have by ordinance fixed

the services of the district attorney at full time. An ordinance

under this clause may not be made between the first day for the

circulation of nominating petitions for the office of district

attorney and January 1 of the subsequent year.

(2)  The president judge of the county court of common pleas

orders that the office of district attorney shall be full time.

Upon motion of the district attorney, the president judge shall

conduct a hearing and shall issue an order whether the office of

district attorney shall be full time within 180 days of the

filing of the motion. The order may be appealed by the district

attorney or the county commissioners in accordance with the

rules of appellate procedure. An order under this clause shall

take effect in 60 days. An order under this clause directing

that the office of district attorney be full time shall be made

if the president judge finds that two or more of the following

factors are present in the county:

(i)  the average caseload of felony, misdemeanor and juvenile

cases for the past five years has exceeded two hundred per year;

(ii)  the average caseload for homicide cases for the past

five years has equaled or exceeded one per year;

(iii)  the county has any State correctional facility,

juvenile detention facility, youth development center, youth

forestry camp, other licensed residential facility serving

children and youth, or mental health or mental retardation

facility or institution, with a population exceeding two hundred

fifty, or if the county has more than one such facility or

institution, the aggregate population of such facilities and

institutions exceeds two hundred fifty;

(iv)  a major controlled substances transportation route

passes through the county;

(v)  the average number of convictions under 75 Pa.C.S. §

3802 (relating to driving under influence of alcohol or

controlled substance) or the former 75 Pa.C.S. § 3731 (relating

to driving under influence of alcohol or controlled substance)

subject to the alcoholic ignition interlock statutory provision

requirements exceeds thirty per year; or

(vi)  the county constitutes a single and separate judicial

district.

(g.1)  In counties of the eighth class, a full time district

attorney shall notify the commissioners of the county of his

intention not to seek reelection no later than 90 days prior to

the first day for the circulation of nominating petitions for

the office of district attorney. Upon notification by a full

time district attorney that he does not intend to seek

reelection, the commissioners of the county may by ordinance fix

the services of the district attorney as part time. An ordinance

under this subsection may be made no later than 30 days prior to

the first day for the circulation of nominating petitions for

the office of district attorney. Notwithstanding the provisions

of subsection (g)(2), if the commissioners of a county elect to

fix the services of the district attorney as part time under

this subsection, the president judge of the court of common

pleas shall not have the authority to order that the office of

district attorney shall be full time.

(h)  In counties of the third, fourth, fifth, sixth and

seventh class:

(1)  Each part-time district attorney holding office on the

effective date of this subsection whose term expires January 7,

2008, shall become full time on January 2, 2006, if, after

exercising due diligence in conducting an assessment of the best

interests of public safety and the administration of criminal

justice in the county, the part-time district attorney provides

written notice to the chairman of the county commissioners, the

Secretary of Revenue and the State Treasurer, no sooner than

December 1, 2005, and no later than December 30, 2005, of the

part-time district attorney's choice to serve as a full-time

district attorney. Where a part-time district attorney holding

office on the effective date of this act does not provide such

notice, the office of district attorney shall remain part time

for the remainder of the current term of office.

(2)  A person who has been elected to the office of district

attorney in a county where the district attorney is part time

and whose term commences on January 2, 2006, shall, upon taking

the oath of office, be a full-time district attorney if, after

exercising due diligence in conducting an assessment of the best

interests of public safety and the administration of criminal

justice in the county, the district attorney-elect has provided

written notice to the chairman of the county commissioners, the

Secretary of Revenue and the State Treasurer no sooner than

December 1, 2005, and no later than December 30, 2005, of the

district attorney-elect's choice to serve as a full-time

district attorney. Where the district attorney-elect does not

provide such notice, the office of district attorney shall

remain part time for the entire term of office commencing

January 2, 2006.

(3)  A person seeking election or re-election as district

attorney in a county where the office of district attorney is a

part-time position after January 2, 2006, shall, upon election

and taking the oath of office, become a full-time district

attorney if, prior to the deadline for filing nomination

petitions or papers, the person has provided written notice to

the chairman of the county commissioners, the Secretary of

Revenue and the State Treasurer of the person's choice to serve

as a full-time district attorney. Where the person does not

provide such notice, the office of district attorney shall

remain part time for the entire term of office.

(i)  [Once] Except as provided for in subsection (g.1), once 

the office of district attorney becomes full time, it shall not

thereafter be changed.

(j)  A full-time district attorney shall be compensated at

one thousand dollars ($1,000) lower than the compensation paid

to a judge of the court of common pleas in the respective

judicial district.

(k)  In a county where the office of district attorney is

full time, the district attorney shall devote full time to the

office. The district attorney while in office, shall not derive

any other income as a result of honorariums, profit shares or

divisions of income from any firm with which the district

attorney was associated prior to election. This limitation shall

not be construed, however, to preclude payment of fees earned

for legal work done prior to, but not concluded until after the

earlier of his being made full time or being sworn in as a full-

time district attorney. In addition the district attorney shall

not engage in any private practice and must be completely

disassociated with any firm with which the district attorney was

affiliated prior to the earlier of being made full time or being

sworn in as a full-time district attorney. The district

attorney-elect may not accept any civil or criminal cases after

being elected to the office.

(l)  A part-time district attorney may have an outside

practice and shall be compensated, notwithstanding the

provisions of any other statutes, as follows: In counties of the

third or fourth class, the salary shall be sixty per cent of the

annual salary payable to the judge of the court of common pleas

of the judicial district of the county; in a county of the fifth

or sixth class, the salary shall be fifty per cent of the annual

salary payable to the judge of the court of common pleas of the

judicial district of the county; and in a county of the seventh

or eighth class, the salary shall be forty per cent of the

annual salary payable to the judge of the court of common pleas

of the judicial district of the county.

(m)  Except as provided in [subsection (g)] subsections (g)

and (g.1), any office of district attorney that is part time on

January 2, 2012, shall become full time as of that date.

(n)  In the event of a vacancy in the office of district

attorney, the person appointed to serve the remainder of the

unexpired term shall be bound by the election made in subsection

(h) for the remainder of said term.

(o)  A district attorney shall be subject to the Rules of

Professional Conduct and the canons of ethics as applied to

judges in the courts of common pleas of this Commonwealth

insofar as such canons apply to salaries, full-time duties and

conflicts of interest. Any complaint by a citizen of the county

that a full-time district attorney may be in violation of this

section shall be made to the Disciplinary Board of the Supreme

Court of Pennsylvania. If any substantive basis is found, the

board shall proceed forthwith in the manner prescribed by the

rules of the Supreme Court and make such recommendation for

disciplinary action as it deems advisable, provided, however,

that if the Supreme Court deems the violation so grave as to

warrant removal from office, the prothonotary of the Supreme

Court shall transmit its findings to the Speaker of the House of

Representatives for such action as the House of Representatives

deems appropriate under Article VI of the Constitution of

Pennsylvania.

(p)  The Commonwealth shall annually reimburse each county

with a full-time district attorney an amount equal to sixty-five

per cent of the district attorney's salary.

Section 2.  This act shall take effect immediately.