TABLE OF CONTENTS
TITLE 42
JUDICIARY AND JUDICIAL PROCEDURE
PART I. PRELIMINARY PROVISIONS
§ 101. Short title of title.
§ 102. Definitions.
§ 103. Principles of construction.
PART II. ORGANIZATION
SUBPART A. COURTS AND MAGISTERIAL DISTRICT JUDGES
ARTICLE A. PRELIMINARY PROVISIONS
Chapter 3. General Structure and Powers
Subchapter A. Unified Judicial System
§ 301. Unified judicial system.
Subchapter B. General Provisions Relating to Courts
§ 321. Court of record.
§ 322. Seal.
§ 323. Powers.
§ 324. Sessions and terms of court.
§ 325. Chief Justice and president judges.
§ 326. Quorum.
§ 327. Oaths and acknowledgments.
ARTICLE B. APPELLATE COURTS
Chapter 5. Organization of Appellate Courts
Subchapter A. Supreme Court of Pennsylvania
§ 501. Supreme Court.
§ 502. General powers of Supreme Court.
§ 503. Reassignment of matters.
§ 504. Seat of court.
Subchapter B. Superior Court of Pennsylvania
§ 541. Superior Court.
§ 542. Powers of Superior Court.
§ 543. Seat of court.
§ 544. Additional judges.
Subchapter C. Commonwealth Court of Pennsylvania
§ 561. Commonwealth Court.
§ 562. Powers of Commonwealth Court.
§ 563. Seat of court.
§ 564. Evidentiary hearings.
Chapter 7. Jurisdiction of Appellate Courts
Subchapter A. General Provisions
§ 701. Scope of subchapter.
§ 702. Interlocutory orders.
§ 702.1. Expedited appeals in eminent domain proceedings.
§ 703. Place and form of filing appeals.
§ 704. Waiver of objections to jurisdiction.
§ 705. Transfers between intermediate appellate courts.
§ 706. Disposition of appeals.
§ 707. Lien of judgments for money.
§ 708. Improvident administrative appeals and other matters.
Subchapter B. Jurisdiction of Supreme Court
§ 721. Original jurisdiction.
§ 722. Direct appeals from courts of common pleas.
§ 723. Appeals from Commonwealth Court.
§ 724. Allowance of appeals from Superior and Commonwealth Courts.
§ 725. Direct appeals from constitutional and judicial agencies.
§ 726. Extraordinary jurisdiction.
§ 727. Special tribunal.
Subchapter C. Jurisdiction of Superior Court
§ 741. Original jurisdiction.
§ 742. Appeals from courts of common pleas.
Subchapter D. Jurisdiction of Commonwealth Court
§ 761. Original jurisdiction.
§ 762. Appeals from courts of common pleas.
§ 763. Direct appeals from government agencies.
§ 764. Election contests and other matters.
ARTICLE C. COURTS OF COMMON PLEAS
Chapter 9. Organization and Jurisdiction of Courts of Common Pleas
Subchapter A. Judicial Districts
§ 901. Judicial districts.
Subchapter B. Organization of Courts of Common Pleas
§ 911. Courts of common pleas.
§ 912. Powers of courts of common pleas.
§ 913. Seats of courts.
§ 914. Reimbursement for common pleas court costs.
§ 915. Proportional reduction.
§ 916. Problem-solving courts.
§ 917. Housing courts.
Subchapter C. Jurisdiction of Courts of Common Pleas
§ 931. Original jurisdiction and venue.
§ 932. Appeals from minor judiciary.
§ 933. Appeals from government agencies.
§ 934. Writs of certiorari.
Subchapter D. Court Divisions
§ 951. Court divisions.
§ 952. Status of court divisions.
§ 953. Administrative judges of divisions.
Subchapter E. Sections of the Staff of the Court
§ 961. Domestic relations section.
§ 962. Other sections.
ARTICLE D. MINOR COURTS
Chapter 11. Community and Municipal Courts
Subchapter A. Community Courts
§ 1101. Community courts.
§ 1102. Establishment or discontinuance of community courts.
§ 1103. Powers of community courts.
§ 1104. Seats of courts.
§ 1105. Jurisdiction and venue.
§ 1106. Lien of judgments.
Subchapter B. Philadelphia Municipal Court
§ 1121. Philadelphia Municipal Court.
§ 1122. Seat of court.
§ 1123. Jurisdiction and venue.
§ 1124. Lien of judgments.
§ 1125. Substitute arraignment court magistrates.
§ 1126. Masters.
Subchapter C. Pittsburgh Magistrates Court
§ 1141. Pittsburgh Magistrates Court.
§ 1142. Seat of court.
§ 1143. Jurisdiction and venue.
§ 1144. Lien of judgment.
Subchapter A. General Provisions
§ 1301. Seats of traffic courts.
§ 1302. Jurisdiction and venue.
§ 1303. Signatures and dockets.
Subchapter B. Traffic Court of Philadelphia
§ 1321. Traffic Court of Philadelphia.
Subchapter C. Traffic Court of Pittsburgh
§ 1331. Traffic Court of Pittsburgh.
§ 1332. Operations of traffic court.
Subchapter D. Optional Traffic Courts
§ 1341. Third class city traffic courts authorized.
§ 1342. Operations of optional traffic courts.
ARTICLE E. MAGISTERIAL DISTRICT JUDGES
Chapter 15. Magisterial District Judges
Subchapter A. Magisterial Districts
§ 1501. Definitions.
§ 1502. Classification of districts.
§ 1503. Reestablishment of districts.
Subchapter B. Magisterial District Judges
§ 1511. Magisterial district judges.
§ 1512. Seal.
§ 1513. Powers of magisterial district judges.
§ 1514. Offices.
§ 1515. Jurisdiction and venue.
§ 1516. Lien of judgment.
§ 1517. Salary (Repealed).
§ 1518. Philadelphia Municipal Court (Repealed).
§ 1519. Philadelphia Traffic Court (Repealed).
§ 1520. Adjudication alternative program.
§ 1521. Accelerated Rehabilitative Disposition for summary offenders (Repealed).
§ 1522. Notice of summary cases involving juveniles.
§ 1523. Parental or legal guardian attendance required at juvenile hearings.
ARTICLE F. COURT OF JUDICIAL DISCIPLINE
Chapter 16. Court of Judicial Discipline of Pennsylvania
§ 1601. Court of Judicial Discipline.
§ 1602. Composition of court.
§ 1603. Organization and operation.
§ 1604. Powers of Court of Judicial Discipline.
§ 1605. Seat of court.
§ 1606. Official immunity.
SUBPART B. OTHER STRUCTURAL PROVISIONS
Chapter 17. Governance of the System
Subchapter A. General Provisions
§ 1701. General supervisory and administrative authority of the Supreme Court.
§ 1702. Rule making procedures.
§ 1703. Meeting procedures.
Subchapter B. Specific Powers of the Governing Authority of the System
§ 1721. Delegation of powers.
§ 1722. Adoption of administrative and procedural rules.
§ 1723. General supervisory and administrative authority.
§ 1724. Personnel of the system.
§ 1725. Establishment of fees and charges.
§ 1725.1. Costs.
§ 1725.2. Assumption of summary conviction costs by county.
§ 1725.3. Criminal laboratory user fee.
§ 1725.4. Fee increases and automation fee.
§ 1725.5. Booking center fee.
§ 1725.6. Countywide booking center plan.
§ 1726. Establishment of taxable costs.
§ 1726.1. Forensic examination costs for sexual offenses.
§ 1726.2. Criminal prosecutions involving domestic violence.
§ 1727. Budget and financial matters.
§ 1728. Recognition of related organizations.
§ 1729. Conferences and institutes.
§ 1730. Boards, councils, commissions and committees.
Subchapter C. Compensation
§ 1741. Compensation of judges.
§ 1742. Exclusive jurisdiction of Supreme Court.
Chapter 18. Compensation (Repealed)
§ 1801 - § 1810 (Repealed).
Chapter 19. Administrative Office of Pennsylvania Courts
§ 1901. Court Administrator of Pennsylvania.
§ 1902. Administrative Office of Pennsylvania Courts.
§ 1903. Staff.
§ 1904. Availability of criminal charge information in child custody proceedings.
§ 1905. County-level court administrators.
§ 1906. Senior judge operational support grants.
§ 1907. Deteriorated real property education and training program for judges.
Chapter 21. Judicial Boards and Commissions
Subchapter A. Judicial Conduct Board
§ 2101. Judicial Conduct Board.
§ 2102. Composition of board.
§ 2103. Organization.
§ 2104. Staff and operations.
§ 2105. Powers and duties.
§ 2106. Official immunity.
Subchapter B. Judicial Qualifications Commission (Reserved)
Subchapter C. Jury Selection Commissions
§ 2121. Jury selection commissions.
§ 2122. Composition of jury selection commissions.
§ 2123. Expenses, staff and quarters.
§ 2124. Powers and duties.
Subchapter D. Minor Judiciary Education Board
§ 2131. Minor Judiciary Education Board.
§ 2132. Composition of board.
§ 2133. Organization.
§ 2134. Staff.
§ 2135. Powers and duties.
Subchapter E. Boards of Viewers
§ 2141. Boards of viewers.
§ 2142. Composition of boards.
§ 2143. Staff.
§ 2144. Powers and duties.
Subchapter F. Pennsylvania Commission on Sentencing
§ 2151. Pennsylvania Commission on Sentencing (Repealed).
§ 2151.1. Definitions.
§ 2151.2. Commission.
§ 2152. Composition of commission.
§ 2153. Powers and duties.
§ 2154. Adoption of guidelines for sentencing.
§ 2154.1. Adoption of guidelines for county intermediate punishment.
§ 2154.2. Adoption of guidelines for State intermediate punishment.
§ 2154.3. Adoption of guidelines for fines.
§ 2154.4. Adoption of guidelines for resentencing.
§ 2154.5. Adoption of guidelines for parole.
§ 2154.6. Adoption of recommitment ranges following revocation of parole by board.
§ 2154.7. Adoption of risk assessment instrument.
§ 2155. Publication of guidelines for sentencing, resentencing and parole and recommitment ranges following revocation.
§ 2156. Severability of subchapter.
Chapter 23. Personnel of the System
Subchapter A. General Provisions
§ 2301. Appointment of personnel.
§ 2302. Maintenance of adequate county staff.
Subchapters B through I (Reserved)
Subchapter J. Transferred County-Level Court Administrator Leave and Benefits
§ 2391. Short title of subchapter.
§ 2392. Definitions.
§ 2393. Holidays.
§ 2394. Sick leave and annual leave.
§ 2395. Other leave.
§ 2396. Leave following transfer.
§ 2397. County payments for certain leave.
Chapter 25. Representation of Litigants
Subchapter A. General Provisions
§ 2501. Appearance in person or by counsel.
§ 2502. Certain persons not to appear as counsel.
§ 2503. Right of participants to receive counsel fees.
§ 2504. Letters of attorney.
Subchapter B. Attorneys and Counsellors
§ 2521. Office of attorney at law.
§ 2522. Oath of office.
§ 2523. Persons specially admitted by local rules.
§ 2524. Penalty for unauthorized practice of law.
§ 2525. Unauthorized solicitation prohibited.
Chapter 27. Office of the Clerk of the Court of Common Pleas
Subchapter A. General Provisions
§ 2701. Scope and purpose of chapter.
§ 2702. Place of filing of documents.
§ 2703. Notice of transfer of functions and duties.
§ 2704. Responsibility for entry, maintenance and certification of data and certification of amicable judgments.
§ 2705. Responsibility for reports to executive agencies.
Subchapter B. Prothonotaries
§ 2731. Prothonotary.
§ 2732. Selection of prothonotary.
§ 2733. Seal.
§ 2734. Office of the prothonotary.
§ 2735. Staff.
§ 2736. Matters or documents filed in the office of the prothonotary.
§ 2737. Powers and duties of the office of the prothonotary.
§ 2737.1. Incorrect debtor identified.
§ 2738. Criminal, probate, estates and fiduciary matters.
Subchapter C. Clerks of the Courts
§ 2751. Clerk of the courts.
§ 2752. Selection of clerk of the courts.
§ 2753. Seal.
§ 2754. Office of the clerk of the courts.
§ 2755. Staff.
§ 2756. Matters or documents filed in the office of the clerk of the courts.
§ 2757. Powers and duties of the office of the clerk of the courts.
Subchapter D. Clerks of Orphans' Court Divisions
§ 2771. Clerk of the orphans' court division.
§ 2772. Selection of clerk of the orphans' court division.
§ 2773. Seal.
§ 2774. Office of the clerk of the orphans' court division.
§ 2775. Staff.
§ 2776. Matters or documents filed in the office of the clerk of the orphans' court division.
§ 2777. Powers and duties of the office of the clerk of the orphans' court division.
Chapter 29. Officers Serving Process and Enforcing Orders
Subchapter A. General Provisions (Reserved)
Subchapter B. Sheriffs
§ 2921. Powers and duties of the sheriff.
Subchapter C. Constables (Repealed)
§ 2941 - § 2950 (Repealed).
PART III. SELECTION, RETENTION AND REMOVAL
OF JUDICIAL OFFICERS
Chapter 31. Selection and Retention of Judicial Officers
Subchapter A. Qualifications Generally
§ 3101. Qualifications of judicial officers generally.
Subchapter B. Qualifications of Certain Minor Judiciary
§ 3111. Definitions.
§ 3112. Course of instruction and examination required.
§ 3113. Content of course of instruction and examination.
§ 3114. Admission of interested persons.
§ 3115. Certification of successful completion of course of training.
§ 3116. Effect of failure to obtain certificate.
§ 3117. Expenses.
§ 3118. Continuing education requirement.
§ 3119. Rules and regulations.
Subchapter C. Selection of Judicial Officers
§ 3131. Selection of judicial officers for regular terms.
§ 3132. Vacancies in office.
§ 3132.1. Reappointment of magisterial district judge.
§ 3133. Commonwealth Court judges.
§ 3134. Community court judges.
§ 3135. Increase in number of judges.
Subchapter D. Tenure and Compensation
§ 3151. Oath of office.
§ 3152. Tenure of judicial officers.
§ 3153. Retention elections after regular term.
§ 3154. Compensation of judicial officers (Repealed).
Chapter 33. Discipline, Removal and Retirement of Judicial Officers
Subchapter A. Standards of Conduct
§ 3301. Constitutional restrictions.
§ 3302. Additional restrictions.
§ 3303. Additional compensation prohibited.
§ 3304. Acting as collection agent or paid arbitrator prohibited.
§ 3305. Automatic removal upon conviction or disbarment.
§ 3306. Automatic removal upon nonjudicial candidacy.
§ 3307. Automatic suspension of judicial officer under impeachment.
Subchapter B. Establishment and Discontinuance of Courts
§ 3321. Establishment of community courts.
§ 3322. Discontinuance of community courts.
Subchapter C. Discipline and Removal of Judges
§ 3331. Power of discipline or removal.
§ 3332. Investigation and hearing.
§ 3333. Recommendation to and action by Supreme Court (Deleted by amendment).
§ 3334. Proceedings confidential.
Subchapter D. Retirement
§ 3351. Automatic retirement on age.
§ 3352. Pension rights.
PART IV. FINANCIAL MATTERS
Chapter 35. Budget and Finance
Subchapter A. General Provisions
§ 3501. Definitions.
§ 3502. Financial regulations.
§ 3503. Penalties.
Subchapter B. Judicial Department Budget and Finance
§ 3521. Development of budget information.
§ 3522. Preparation of tentative budget request.
§ 3523. Adoption of final budget request.
§ 3524. Form of Judicial Department appropriation.
§ 3525. List of employees to be furnished.
§ 3526. Release of funds.
§ 3527. Estimates of current expenditures by Administrative Office.
§ 3528. Fiscal period.
§ 3529. Audits of affairs of unified judicial system.
§ 3530. Preparation of requisitions.
§ 3531. Budget implementation data.
§ 3532. Expenses.
Subchapter C. County Finance
§ 3541. Judicial and related account.
§ 3542. Receipts.
§ 3543. Credits to account.
§ 3544. Disbursements.
§ 3545. Debits to account.
§ 3546. Relief from liability for loss of property if expenses not paid.
§ 3547. Restriction on compelling local action.
Subchapter D. Money Paid into Court
§ 3561. Money paid into court.
Subchapter E. Fines, Etc.
§ 3571. Commonwealth portion of fines, etc.
§ 3572. County portion of fines, etc.
§ 3573. Municipal corporation portion of fines, etc.
§ 3574. Fines in the nature of private compensation.
§ 3575. Criminal Justice Enhancement Account.
Subchapter F. Compensation and Salaries
§ 3581. Judicial salaries (Repealed).
Chapter 37. Facilities and Supplies
Subchapter A. Statewide Facilities and Services
§ 3701. Pennsylvania Judicial Center (Reserved).
§ 3702. General facilities and services furnished by Administrative Office.
§ 3703. Local chamber facilities.
§ 3704. Local facilities for holding sessions of Statewide courts.
Subchapter B. District and County Facilities and Services
§ 3721. County judicial center or courthouse.
§ 3722. General facilities and services furnished by county.
§ 3723. Other facilities and services furnished by Administrative Office.
§ 3724. County law libraries.
§ 3725. Standards of local facilities and services.
§ 3726. Manner of expenditure of local funds.
§ 3727. Restriction on compelling local action.
Subchapter C. Judicial Computer System
§ 3731. Establishment of restricted receipt account.
§ 3732. Utilization of funds in account.
§ 3733. Deposits into account.
§ 3733.1. Surcharge.
§ 3734. Annual appropriations.
§ 3735. Review of plan and contracts.
PART V. ADMINISTRATION OF JUSTICE GENERALLY
Chapter 41. Administration of Justice
Subchapter A. General Provisions
§ 4101. Coordination of activities.
§ 4102. Liability insurance for district justices (Repealed).
Subchapter B. Temporary Assignment of Judges and Magisterial District Judges
§ 4121. Assignment of judges.
§ 4122. Assignment of magisterial district judges.
§ 4123. Assignment procedure.
§ 4124. Assignment of senior Philadelphia Municipal Court judges.
Subchapter C. Contempt of Court
§ 4131. Definitions (Reserved).
§ 4132. Attachment and summary punishment for contempts.
§ 4133. Commitment or fine for contempt.
§ 4134. Commitment for failure to pay fine.
§ 4135. Publication out of court.
§ 4136. Rights of persons charged with certain indirect criminal contempts.
§ 4137. Contempt powers of magisterial district judges.
§ 4138. Contempt powers of Pittsburgh Magistrates Court.
§ 4139. Contempt powers of Traffic Court of Philadelphia.
Chapter 43. Dockets, Indices and Other Records
Subchapter A. Establishment, Maintenance and Effect of Judicial Records
§ 4301. Establishment and maintenance of judicial records.
§ 4302. Effect of records as notice.
§ 4303. Effect of judgments and orders as liens.
§ 4304. Notice of Federal pending actions.
§ 4305. Federal judgments as liens.
§ 4306. Enforcement of foreign judgments.
Subchapter B. Disposition of Obsolete Records
§ 4321. Record retention schedules.
§ 4322. Destruction and disposition of obsolete records.
§ 4323. Form of permanent recordation.
§ 4324. Copies of destroyed records.
§ 4325. Duplicate permanent records.
§ 4326. Original records meriting special care.
§ 4327. Transfer of custody to local museum upon application.
Chapter 44. Court Interpreters
Subchapter A. General Provisions
§ 4401. Legislative findings and declaration.
§ 4402. Definitions.
Subchapter B. Court Interpreters for Persons with Limited English Proficiency
§ 4411. Duties of Court Administrator.
§ 4412. Appointment of interpreter.
§ 4413. Replacement of interpreter.
§ 4414. Oath.
§ 4415. Confidential communications in presence of interpreter.
§ 4416. Cost of providing interpreter.
§ 4417. Funding.
Subchapter C. Court Interpreters for Persons Who Are Deaf
§ 4431. Duties of Court Administrator.
§ 4432. Appointment of interpreter.
§ 4433. Replacement of interpreter.
§ 4434. Interrogation.
§ 4435. Oath.
§ 4436. Confidential communications in presence of interpreter.
§ 4437. Cost of providing interpreter.
§ 4438. Funding.
Subchapter A. Qualifications and Exemptions
§ 4501. Declaration of policy.
§ 4502. Qualifications of jurors.
§ 4503. Exemptions from jury duty.
Subchapter B. Selection and Custody of Jurors
§ 4521. Selection of prospective jurors.
§ 4521.1. Statewide jury information system.
§ 4522. List of qualified jurors.
§ 4523. List of disqualified jurors.
§ 4524. Selection of jurors for service.
§ 4525. Equipment used for selection of jurors.
§ 4526. Challenging compliance with selection procedures.
§ 4527. Effect of verdict on jury selection errors.
Subchapter C. Summoning Jurors
§ 4531. Issuance of court orders for jurors.
§ 4532. Summoning persons to serve as jurors.
Subchapter D. Investigating Grand Juries
§ 4541. Short title of subchapter.
§ 4542. Definitions.
§ 4543. Convening county investigating grand jury.
§ 4544. Convening multicounty investigating grand jury.
§ 4545. Composition of investigating grand jury.
§ 4546. Term of investigating grand jury.
§ 4547. Additional investigating grand juries.
§ 4548. Powers of investigating grand jury.
§ 4549. Investigating grand jury proceedings.
§ 4550. Submission of investigations by attorney for the Commonwealth to investigating grand jury.
§ 4551. Investigating grand jury presentments.
§ 4552. Investigating grand jury reports.
§ 4553. Expenses of investigating grand juries and trials resulting therefrom.
Subchapter E. Miscellaneous Provisions
§ 4561. Compensation of and travel allowance for jurors.
§ 4562. Juror's right to refuse inquiries.
§ 4563. Protection of employment of petit and grand jurors.
§ 4563.1. Protection of employment of grand jurors (Deleted by amendment).
§ 4564. Alternate jurors.
§ 4565. Challenging certain petit jurors where political subdivision is a party.
Subchapter F. Penalties
§ 4581. Interfering with selection of jurors.
§ 4582. Tampering with names of jurors.
§ 4583. Tampering with jurors.
§ 4583.1. Aggravated jury tampering.
§ 4584. Failure of juror to appear.
Chapter 47. DNA Data and Testing (Repealed)
Subchapter A. Preliminary Provisions (Repealed)
§ 4701 - § 4703 (Repealed).
Subchapter B. General Provisions (Repealed)
§ 4711 - § 4722 (Repealed).
Subchapter C. Enforcement and Other Provisions (Repealed)
§ 4731 - § 4736 (Repealed).
Subchapter D. Miscellaneous Provisions (Repealed)
§ 4741 (Repealed).
§ 4901. Short title of chapter.
§ 4902. Declaration.
§ 4903. Definitions.
§ 4904. Establishment of Access to Justice Account.
§ 4905. Purpose of account.
§ 4906. Distribution of funds.
§ 4907. Expiration of chapter.
PART VI. ACTIONS, PROCEEDINGS AND
OTHER MATTERS GENERALLY
Chapter 51. Preliminary Provisions
§ 5101. Remedy to exist for legal injury.
§ 5101.1. Venue in medical professional liability actions.
§ 5102. Place and form of filing applications for relief.
§ 5103. Transfer of erroneously filed matters.
§ 5104. Trial by jury.
§ 5105. Right to appellate review.
§ 5106. Change of venue.
§ 5107. Service of process.
§ 5108. Imprisonment for debt.
§ 5110. Limited waiver of sovereign immunity (Repealed).
§ 5111. Limitations on damages (Repealed).
Chapter 53. Bases of Jurisdiction and Interstate and International Procedure
Subchapter A. General Provisions
§ 5301. Persons.
§ 5302. Land.
§ 5303. Chattels.
§ 5304. Documents.
§ 5305. Corporate shares.
§ 5306. Obligations.
§ 5307. Status.
§ 5308. Necessary minimum contacts.
Subchapter B. Interstate and International Procedure
§ 5321. Short title of subchapter.
§ 5322. Bases of personal jurisdiction over persons outside this Commonwealth.
§ 5323. Service of process on persons outside this Commonwealth.
§ 5324. Assistance to tribunals and litigants outside this Commonwealth with respect to service.
§ 5325. When and how a deposition may be taken outside this Commonwealth.
§ 5326. Assistance to tribunals and litigants outside this Commonwealth with respect to depositions.
§ 5327. Determination of foreign law.
§ 5328. Proof of official records.
§ 5329. Other provisions of law unaffected.
Subchapter C. Child Custody Jurisdiction (Repealed)
§ 5341 - § 5366 (Repealed).
Chapter 55. Limitation of Time
Subchapter A. General Provisions
§ 5501. Scope of chapter.
§ 5502. Method of computing periods of limitation generally.
§ 5503. Commencement of matters.
§ 5504. Judicial extension of time.
§ 5505. Modification of orders.
Subchapter B. Civil Actions and Proceedings
§ 5521. Limitations on foreign claims.
§ 5522. Six months limitation.
§ 5523. One year limitation.
§ 5524. Two year limitation.
§ 5524.1. Limitation and application for asbestos claims.
§ 5525. Four year limitation.
§ 5526. Five year limitation.
§ 5527. Six year limitation.
§ 5528. Fifteen year limitation.
§ 5529. Twenty year limitation.
§ 5530. Twenty-one year limitation.
§ 5531. No limitation.
§ 5532. Absence or concealment.
§ 5533. Infancy, insanity or imprisonment.
§ 5534. War.
§ 5535. Effect of other actions and proceedings.
§ 5536. Construction projects.
§ 5537. Land surveying.
§ 5538. Landscape architecture.
Subchapter C. Criminal Proceedings
§ 5551. No limitation applicable.
§ 5552. Other offenses.
§ 5553. Summary offenses involving vehicles.
§ 5554. Tolling of statute.
Subchapter D. Appeals
§ 5571. Appeals generally.
§ 5571.1. Appeals from ordinances, resolutions, maps, etc.
§ 5572. Time of entry of order.
§ 5573. Effect of application for rehearing.
§ 5574. Effect of application for amendment to qualify for interlocutory appeal.
Chapter 57. Bonds and Recognizances
Subchapter A. General Provisions
§ 5701. Right to bail.
§ 5702. Bail to be governed by general rules.
Subchapter B. Professional Bondsmen
§ 5741. Definitions.
§ 5742. Registration and licensure required.
§ 5743. Issuance of license.
§ 5744. Office.
§ 5745. Refusal to grant or renew license.
§ 5746. Suspension or revocation of license.
§ 5747. Statements by fidelity or surety companies.
§ 5748. Maximum premiums.
§ 5749. Prohibitions and penalties.
Subchapter C. Special Provisions
§ 5761. Bail in drug offenses.
Chapter 59. Depositions and Witnesses
Subchapter A. Witnesses Generally
§ 5901. Judicial oath.
§ 5902. Effect of religious beliefs.
§ 5903. Compensation and expenses of witnesses.
§ 5904. Subpoena of witnesses.
§ 5905. Subpoenas.
CRIMINAL PROCEEDINGS
§ 5911. Competency of witnesses generally.
§ 5912. Effect of prior convictions.
§ 5913. Spouses as witnesses against each other.
§ 5914. Confidential communications between spouses.
§ 5915. Testimony by spouse in rebuttal.
§ 5916. Confidential communications to attorney.
§ 5917. Notes of evidence at former trial.
§ 5918. Examination of defendant as to other offenses.
§ 5919. Depositions in criminal matters.
CIVIL MATTERS
§ 5921. Interest not to disqualify.
§ 5922. Disqualification by perjury.
§ 5923. Confidential communications between spouses.
§ 5924. Spouses as witnesses against each other.
§ 5925. Testimony by married person against spouse in rebuttal.
§ 5926. Testimony by spouse after attack on character or conduct.
§ 5927. Actions by spouse to recover separate property.
§ 5928. Confidential communications to attorney.
§ 5929. Physicians not to disclose information.
§ 5930. Surviving party as witness, in case of death, mental incapacity, etc.
§ 5931. Incompetent witnesses.
§ 5932. Witness competent to testify against interest; to become competent upon release of interest.
§ 5933. Competency of surviving party.
§ 5934. Notes of evidence at former trial.
§ 5935. Examination of person adversely interested.
§ 5936. Medical testimony by deposition.
CERTAIN PRIVILEGES AND IMMUNITIES
§ 5941. Persons who may be compelled to testify.
§ 5942. Confidential communications to news reporters.
§ 5943. Confidential communications to clergymen.
§ 5944. Confidential communications to psychiatrists or licensed psychologists.
§ 5945. Confidential communications to school personnel.
§ 5945.1. Confidential communications with sexual assault
counselors.
§ 5945.2. Confidential communications to crime stopper or similar anticrime program.
§ 5946. Competency of certain witnesses where political subdivision is a party.
§ 5947. Immunity of witnesses.
§ 5948. Confidential communications to qualified professionals.
§ 5949. Confidential mediation communications and documents.
§ 5950. Confidential communications involving law enforcement officers.
§ 5951. Confidential communications involving public safety responders and corrections officers.
§ 5952. Confidential communications to peer support members.
Subchapter B. Securing Attendance of Witnesses in Criminal Proceedings
§ 5961. Short title of subchapter.
§ 5962. Definitions.
§ 5963. Summoning witness in this Commonwealth to testify in another state.
§ 5964. Witness from another state summoned to testify in this Commonwealth.
§ 5965. Exemption from arrest and service of process.
Subchapter C. Rendition of Prisoners as Witnesses in Criminal Proceedings
§ 5971. Short title of subchapter.
§ 5972. Definitions.
§ 5973. Scope of subchapter.
§ 5974. Summoning prisoner in this Commonwealth to testify in another state.
§ 5975. Court order.
§ 5976. Terms and conditions.
§ 5977. Prisoner from another state summoned to testify in this Commonwealth.
§ 5978. Compliance.
§ 5979. Exemption from arrest and service of process.
Subchapter D. Child Victims and Witnesses
§ 5981. Declaration of policy.
§ 5982. Definitions.
§ 5983. Rights and services.
§ 5984. Videotaped depositions (Repealed).
§ 5984.1. Recorded testimony.
§ 5985. Testimony by contemporaneous alternative method.
§ 5985.1. Admissibility of certain statements.
§ 5986. Hearsay.
§ 5987. Use of dolls.
§ 5988. Victims of sexual or physical abuse.
Subchapter A. Documentary Evidence
§ 6101. Scope of subchapter.
§ 6102. Judicial notice of official seals.
§ 6103. Proof of official records.
§ 6104. Effect of official records generally.
§ 6105. Acts of notaries public.
§ 6106. Certified exemplifications of records.
§ 6107. Judicial notice of certain local government ordinances.
§ 6108. Business records.
§ 6109. Photographic copies of business and public records.
§ 6110. Registers kept by religious societies and municipalities.
§ 6111. Handwriting.
§ 6112. Introduction of parole evidence after refusal to produce documents.
Subchapter B. Eminent Domain Matters
§ 6121. Eminent domain matters.
Subchapter C. Blood Tests to Determine Paternity (Repealed)
§ 6131 - § 6137 (Repealed).
Subchapter D. Miscellaneous Provisions
§ 6141. Effect of certain settlements.
§ 6142. Pleas in vehicle matters.
§ 6143. Registration number as evidence of operation of vehicle.
§ 6144. Dying declarations in case of abortion.
Subchapter E. Medical Records
§ 6151. Use of certified copies.
§ 6152. Subpoena of records.
§ 6152.1. Limit on charges.
§ 6153. Receipts.
§ 6154. Affidavit of none or partial possession.
§ 6155. Rights of patients.
§ 6156. Opening of sealed envelopes.
§ 6157. Retention of records.
§ 6158. Obtaining personal attendance of custodian.
§ 6159. Obtaining production of original record.
§ 6160. Definitions.
Subchapter A. General Provisions
§ 6301. Short title and purposes of chapter.
§ 6302. Definitions.
§ 6303. Scope of chapter.
§ 6304. Powers and duties of probation officers.
§ 6304.1. Summary offenses.
§ 6305. Masters.
§ 6306. Costs and expenses of care of child.
§ 6307. Inspection of court files and records.
§ 6308. Law enforcement records.
§ 6309. Juvenile history record information.
§ 6310. Parental participation.
§ 6311. Guardian ad litem for child in court proceedings.
Subchapter B. Jurisdiction and Custody
§ 6321. Commencement of proceedings.
§ 6322. Transfer from criminal proceedings.
§ 6323. Informal adjustment.
§ 6324. Taking into custody.
§ 6325. Detention of child.
§ 6326. Release or delivery to court.
§ 6327. Place of detention.
Subchapter C. Procedures and Safeguards
§ 6331. Release from detention or commencement of proceedings.
§ 6332. Informal hearing.
§ 6333. Subpoena.
§ 6334. Petition.
§ 6335. Release or holding of hearing.
§ 6336. Conduct of hearings.
§ 6336.1. Notice and hearing.
§ 6337. Right to counsel.
§ 6337.1. Right to counsel for children in dependency and delinquency proceedings.
§ 6338. Other basic rights.
§ 6339. Investigation and report.
§ 6340. Consent decree.
§ 6341. Adjudication.
§ 6342. Court-appointed special advocates.
Subchapter D. Disposition of Children Generally
§ 6351. Disposition of dependent child.
§ 6351.1. Authority of court upon petition to remove child from foster parent.
§ 6352. Disposition of delinquent child.
§ 6352.1. Treatment records.
§ 6353. Limitation on and change in place of commitment.
§ 6354. Effect of adjudication.
§ 6355. Transfer to criminal proceedings.
§ 6356. Disposition of mentally ill or mentally retarded child.
§ 6357. Rights and duties of legal custodian.
§ 6358. Assessment of delinquent children by the State Sexual Offenders Assessment Board.
Subchapter E. Dispositions Affecting Other Jurisdictions
§ 6361. Disposition of nonresident child.
§ 6362. Disposition of resident child received from another state.
§ 6363. Ordering foreign supervision.
§ 6364. Supervision under foreign order.
§ 6365. Powers of foreign probation officers.
Subchapter F. Juvenile Court Judges' Commission
§ 6371. Definitions.
§ 6372. Juvenile Court Judges' Commission.
§ 6373. Powers and duties.
§ 6374. Power to make grants.
§ 6375. Funding.
Chapter 64. Court-ordered Involuntary Treatment of Certain Sexually Violent Persons
§ 6401. Scope of chapter.
§ 6402. Definitions.
§ 6403. Court-ordered involuntary treatment.
§ 6404. Duration of inpatient commitment and review.
§ 6404.1. Transfer to involuntary outpatient treatment.
§ 6404.2. Duration of outpatient commitment and review.
§ 6405. Right to counsel.
§ 6406. Duty of Department of Public Welfare.
§ 6407. Regulations.
§ 6408. Jurisdiction.
§ 6409. Immunity for good faith conduct.
§ 6501. Writ not to be suspended.
§ 6502. Power to issue writ.
§ 6503. Right to apply for writ.
§ 6504. Return on writ.
§ 6505. Interference with writ prohibited.
Chapter 66. Prisoner Litigation
§ 6601. Definitions.
§ 6602. Prisoner filing fees.
§ 6603. Limitations on remedies.
§ 6604. Prospective relief.
§ 6605. Types of prospective relief.
§ 6606. Termination or modification of prospective relief.
§ 6607. Time limits on settlements.
§ 6608. Payment of damage award or settlement.
Chapter 67. Protection From Abuse (Repealed)
§ 6701 - § 6717 (Repealed).
§ 6801. Controlled substances forfeiture.
§ 6801.1. Terrorism forfeiture.
§ 6802. Procedure with respect to seized property subject to liens and rights of lienholders.
Chapter 69. Particular Rights and Immunities
§ 6901. Short title of chapter.
§ 6902. Definitions.
§ 6903. Required disclosures in connection with rental-purchase agreement.
§ 6904. Prohibited provisions of agreement.
§ 6905. Lessee's right to acquire ownership.
§ 6906. Lessee's right to reinstate agreement after termination.
§ 6907. Rent reduction.
§ 6908. Advertising and display of property.
§ 6909. Lessor's liability for noncompliance.
§ 6910. Limitations on lessor's liability.
§ 6911. Conflict with other law.
Chapter 70. Ignition Interlock Devices (Repealed)
§ 7001 - § 7003 (Repealed).
PART VII. CIVIL ACTIONS AND PROCEEDINGS
Chapter 71. General Provisions
§ 7101. Settlements and other agreements with hospitalized persons.
§ 7102. Comparative negligence.
§ 7103. Interpreters for the deaf (Deleted by amendment).
Subchapter A. Statutory Arbitration
§ 7301. Short title of subchapter.
§ 7302. Scope of subchapter.
§ 7303. Validity of agreement to arbitrate.
§ 7304. Court proceedings to compel or stay arbitration.
§ 7305. Appointment of arbitrators by court.
§ 7306. Action by arbitrators.
§ 7307. Hearing before arbitrators.
§ 7308. Representation by attorney.
§ 7309. Witnesses, subpoenas, oaths and depositions.
§ 7310. Award of arbitrators.
§ 7311. Change of award by arbitrators.
§ 7312. Fees and expenses of arbitration.
§ 7313. Confirmation of award by court.
§ 7314. Vacating award by court.
§ 7315. Modification or correction of award by court.
§ 7316. Judgment or decree on award.
§ 7317. Form and service of applications to court.
§ 7318. Court and jurisdiction.
§ 7319. Venue of court proceedings.
§ 7320. Appeals from court orders.
Subchapter B. Common Law Arbitration
§ 7341. Common law arbitration.
§ 7342. Procedure.
Subchapter C. Judicial Arbitration
§ 7361. Compulsory arbitration.
§ 7362. Voluntary arbitration of pending judicial matters.
Chapter 75. Commencement of Actions
Subchapter A. General Provisions
§ 7501. Attachment of property prior to judgment.
§ 7502. Affidavit of noninvolvement.
Subchapter B. Interpleader Compacts
§ 7521. Short title of subchapter.
§ 7522. Interpleader compact.
§ 7523. Duties of the Department of State.
§ 7524. Duties of the Governor.
Subchapter C. Declaratory Judgments
§ 7531. Short title of subchapter.
§ 7532. General scope of declaratory remedy.
§ 7533. Construction of documents.
§ 7534. Before breach of contract.
§ 7535. Rights of fiduciaries and other persons.
§ 7536. Enumeration not exclusive.
§ 7537. Remedy discretionary.
§ 7538. Applications for relief.
§ 7539. Issues of fact.
§ 7540. Parties.
§ 7541. Construction of subchapter.
Subchapter D. Reciprocal Tax Enforcement
§ 7551. Enforcement of taxes imposed by other states.
§ 7701. Procedures, motions and other matters.
§ 7702. Commencement and termination of trial.
Chapter 79. Post-trial Matters
§ 7901. Procedures, motions and other matters.
Chapter 81. Judgments and Other Liens
Subchapter A. General Provisions
§ 8101. Interest on judgments.
§ 8102. Contribution among joint judgment debtors.
§ 8103. Deficiency judgments.
§ 8104. Duty of judgment creditor to enter satisfaction.
Subchapter B. Exemptions from Execution
§ 8121. Scope of subchapter.
§ 8122. Waiver of exemption.
§ 8123. General monetary exemption.
§ 8124. Exemption of particular property.
§ 8125. Tangible personal property exhibited at international exhibitions.
§ 8126. Common carriers not liable.
§ 8127. Personal earnings exempt from process.
§ 8128. Transfer of claim to avoid policy of Commonwealth.
Subchapter C. Priority of Liens
§ 8141. Time from which liens have priority.
§ 8142. Endorsement of time.
§ 8143. Open-end mortgages.
§ 8144. Mortgages to secure certain advances.
Subchapter D. Enforcement of Judgments
§ 8151. Notice to Department of Revenue of judicial sale of property.
§ 8152. Judicial sale as affecting lien of mortgage.
Chapter 83. Particular Rights and Immunities
Subchapter A. Rights of Action
§ 8301. Death action.
§ 8302. Survival action.
§ 8303. Action for performance of a duty required by law.
§ 8304. Damages in actions on bad checks.
§ 8305. Actions for wrongful birth and wrongful life.
§ 8306. Defense against claim for injury sustained in utero barred.
§ 8307. Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child.
§ 8308. Damages in actions on retail theft.
§ 8309. Civil rights violations.
§ 8310. Damages in actions on thefts of leased property.
§ 8311. Damages in actions for conversion of timber.
§ 8312. Profits received as a result of commission of crime.
§ 8313. Agricultural crop destruction.
§ 8314. Assault with biological agent on animal, fowl or honey bees.
§ 8315. Damages in actions for identity theft.
§ 8316. Unauthorized use of name or likeness.
§ 8317. Actions involving products or services used to invade privacy.
§ 8318. Terrorism action.
§ 8319. Ecoterrorism.
§ 8320. Commemorative service demonstration action.
Subchapter B. Contribution Among Tort-feasors
§ 8321. Short title of subchapter.
§ 8322. Definition.
§ 8323. Scope of subchapter.
§ 8324. Right of contribution.
§ 8325. Effect of judgment.
§ 8326. Effect of release as to other tort-feasors.
§ 8327. Liability to make contribution as affected by release.
Subchapter C. Immunities Generally
§ 8331. Medical good Samaritan civil immunity.
§ 8331.1. Veterinary good Samaritan civil immunity.
§ 8331.2. Good Samaritan civil immunity for use of automated external defibrillator.
§ 8331.3. Criminal victim aid good Samaritan civil immunity.
§ 8332. Nonmedical good Samaritan civil immunity.
§ 8332.1. Manager, coach, umpire or referee and nonprofit association negligence standard.
§ 8332.2. Officer, director or trustee of nonprofit organization negligence standard.
§ 8332.3. Volunteer firefighter civil immunity.
§ 8332.4. Volunteer-in-public-service negligence standard.
§ 8332.5. Corporate representatives.
§ 8332.6. Antidrug and town-watch volunteer civil immunity.
§ 8332.7. Immunity of State parole officers.
§ 8332.8. Immunity of county probation officers.
§ 8333. Body fluid and tissue limited civil immunity.
§ 8334. Civil immunity in mass immunization projects.
§ 8335. Damages for conversion of property of fluctuating value.
§ 8336. Civil immunity for assistance upon request in incidents involving the transportation of hazardous substances.
§ 8337. Civil immunity of school officers or employees relating to drug or alcohol abuse.
§ 8337.1. Civil immunity of school officers or employees relating to emergency care, first aid and rescue.
§ 8338. Liability for damages from donated food and grocery products.
§ 8338.1. Liability for damages from donated vehicles or equipment to volunteer fire companies.
§ 8339. Agricultural immunity.
§ 8339.1. Railroad civil immunity.
§ 8340. Immunity of program administrators and supervisors.
§ 8340.1. Employer immunity from liability for disclosure of information regarding former or current employees.
§ 8340.2. Civil immunity for use of force.
Subchapter D. Defamation
§ 8341. Single publication limitation.
§ 8342. Justification a defense.
§ 8343. Burden of proof.
§ 8344. Malice or negligence necessary to support award of damages.
§ 8345. No liability when without power of censorship.
Subchapter E. Wrongful Use of Civil Proceedings
§ 8351. Wrongful use of civil proceedings.
§ 8352. Existence of probable cause.
§ 8353. Damages.
§ 8354. Burden of proof.
§ 8355. Certification of pleadings, motions and other papers.
Subchapter F. Corporate Directors' Liability (Repealed)
§ 8361 - § 8367 (Repealed).
Subchapter G. Special Damages
§ 8371. Actions on insurance policies.
Subchapter H. Drug Nuisances
§ 8381. Short title of subchapter.
§ 8382. Definitions.
§ 8383. Action to abate.
§ 8384. Complaint.
§ 8385. Service of original process.
§ 8386. Preliminary injunction.
§ 8387. Protection of witnesses.
§ 8388. Security.
§ 8389. Judgment and remedies.
§ 8390. Violation of injunctions or abatement order.
§ 8391. Release and cancellation.
§ 8392. Severability.
Chapter 85. Matters Affecting Government Units
Subchapter A. General Provisions
§ 8501. Definitions.
§ 8502. Enforcement proceedings.
Subchapter B. Actions Against Commonwealth Parties
SOVEREIGN IMMUNITY
§ 8521. Sovereign immunity generally.
§ 8522. Exceptions to sovereign immunity.
§ 8523. Venue and process.
§ 8524. Defenses.
§ 8525. Legal assistance.
§ 8526. Counterclaim by the Commonwealth.
§ 8527. Indemnity relating to inmate health care.
LIMITATIONS ON DAMAGES
§ 8528. Limitations on damages.
Subchapter C. Actions Against Local Parties
GOVERNMENTAL IMMUNITY
§ 8541. Governmental immunity generally.
§ 8542. Exceptions to governmental immunity.
OFFICIAL IMMUNITY
§ 8545. Official liability generally.
§ 8546. Defense of official immunity.
§ 8547. Legal assistance.
§ 8548. Indemnity.
§ 8549. Limitation on damages.
§ 8550. Willful misconduct.
LIMITATIONS ON DAMAGES
§ 8553. Limitations on damages.
JUDGMENTS
§ 8557. Judgment as a bar.
§ 8558. Judgments against insured local agency.
§ 8559. Judgments against self-insured local agency and those not fully insured.
POWERS OF LOCAL AGENCIES
§ 8563. General powers of local agencies.
§ 8564. Liability insurance and self-insurance.
PART VIII. CRIMINAL PROCEEDINGS
Chapter 87. General Provisions
Subchapter A. In General
§ 8701. Interpreters for the deaf (Deleted by amendment).
§ 8702. Impaneling jury from another county.
§ 8703. Arraignment.
Subchapter B. Availability of Otherwise Confidential Information
§ 8721. Definitions.
§ 8722. Petition for access to confidential information.
§ 8723. Grounds for access.
§ 8724. Disclosure of confidential information.
§ 8725. Penalties for improper disclosure.
Chapter 89. Commencement of Proceedings
Subchapter A. General Provisions
§ 8901. Intrastate hot pursuit (Repealed).
§ 8902. Arrest without warrant.
Subchapter B. Interstate Hot Pursuit
§ 8921. Scope of subchapter.
§ 8922. Authority of officers of another state to arrest in this Commonwealth.
§ 8923. Hearing after arrest.
§ 8924. Construction of subchapter.
Subchapter C. Indictment and Information
§ 8931. Indictment and information.
§ 8932. Nolle prosequi or settlement.
§ 8933. Dismissal of criminal cases.
§ 8934. Sealing of affidavits.
Subchapter D. Municipal Police Jurisdiction
§ 8951. Definitions.
§ 8952. Primary municipal police jurisdiction.
§ 8953. Statewide municipal police jurisdiction.
§ 8954. Noncompliance with mandatory certification requirements.
Chapter 91. Detainers and Extradition
Subchapter A. Agreement on Detainers
§ 9101. Agreement on detainers.
§ 9102. Appropriate court.
§ 9103. Enforcement and cooperation.
§ 9104. Second and subsequent offenses.
§ 9105. Escape.
§ 9106. Duty of warden or other official.
§ 9107. Administrator and information agent.
§ 9108. Transmission of subchapter.
Subchapter B. Extradition of Persons Charged with Crime
§ 9121. Short title of subchapter.
§ 9122. Definitions.
§ 9123. Duty of Governor with respect to fugitives from justice.
§ 9124. Form of demand.
§ 9125. Governor may investigate case.
§ 9126. Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.
§ 9127. Extradition of persons not present in demanding state at time of commission of crime.
§ 9128. Issue by Governor of warrant of arrest.
§ 9129. Manner and place of execution.
§ 9130. Authority of arresting officer.
§ 9131. Rights of accused person.
§ 9132. Penalty for noncompliance.
§ 9133. Confinement in jail.
§ 9134. Arrest prior to requisition.
§ 9135. Arrest without a warrant.
§ 9136. Commitment to await requisition.
§ 9137. Bail.
§ 9138. Extension of time of commitment.
§ 9139. Forfeiture of bail.
§ 9140. Persons under criminal prosecution in this Commonwealth at time of requisition.
§ 9141. Inquiry into guilt or innocence of accused.
§ 9142. Governor may recall warrant or issue another.
§ 9143. Duty of Governor in case of fugitives from this Commonwealth.
§ 9144. Issuance of requisition.
§ 9144.1. Payment of expenses, costs and fees.
§ 9145. Immunity from service of process in certain civil actions.
§ 9146. Written waiver of extradition proceedings.
§ 9146.1. Presigned waiver of extradition.
§ 9147. Nonwaiver by Commonwealth.
§ 9148. Liability to further criminal prosecutions.
Subchapter C. Inter-County Detention
§ 9161. Arrest prior to requisition.
§ 9162. Arrest without a warrant.
§ 9163. Commitment to await requisition.
§ 9164. Bail.
§ 9165. Payment of costs and expenses.
Subchapter D. Exchange of Offenders Under Treaty
§ 9171. Exchange of offenders under treaty.
§ 9301. Procedures, motions and other matters.
§ 9302. Commencement and termination of trial.
§ 9303. Liability for violations of general and specific criminal statutes.
Chapter 95. Post-trial Matters
Subchapter A. General Provisions
§ 9501. Procedures, motions and other matters.
Subchapter B. Post Conviction Relief
§ 9541. Short title of subchapter.
§ 9542. Scope of subchapter.
§ 9543. Eligibility for relief.
§ 9543.1. Postconviction DNA testing.
§ 9544. Previous litigation and waiver.
§ 9545. Jurisdiction and proceedings.
§ 9546. Relief and order.
§ 9547. Amendment and withdrawal of petition (Repealed).
§ 9548. Answer to petition (Repealed).
§ 9549. Hearing on petition (Repealed).
§ 9550. Order of court and final disposition of petition (Repealed).
§ 9551. Pauper petitions (Repealed).
Subchapter C. Report by District Attorney
§ 9561. Report by district attorney.
Subchapter D. Unitary Review in Death Penalty Cases
§ 9570. Short title of subchapter.
§ 9571. Scope of subchapter.
§ 9572. Representation of counsel.
§ 9573. Time for petition; contents of petition.
§ 9574. Answer to petition.
§ 9575. Disposition without evidentiary hearing.
§ 9576. Evidentiary hearing.
§ 9577. Disposition and appeal.
§ 9578. Subsequent petitions.
§ 9579. Certification.
Subchapter A. General Provisions
§ 9701. Short title of chapter.
§ 9702. Definitions.
§ 9703. Scope of chapter.
Subchapter B. Sentencing Authority
§ 9711. Sentencing procedure for murder of the first degree.
§ 9712. Sentences for offenses committed with firearms.
§ 9712.1. Sentences for certain drug offenses committed with firearms.
§ 9713. Sentences for offenses committed on public transportation.
§ 9714. Sentences for second and subsequent offenses.
§ 9715. Life imprisonment for homicide.
§ 9716. Two or more mandatory minimum sentences applicable.
§ 9717. Sentences for offenses against elderly persons.
§ 9718. Sentences for offenses against infant persons.
§ 9718.1. Sexual offender treatment.
§ 9718.2. Sentences for sexual offenders.
§ 9718.3. Sentence for failure to comply with registration of sexual offenders.
§ 9718.4. Sentence for failure to comply with registration of sexual offenders.
§ 9719. Sentences for offenses committed while impersonating a law enforcement officer.
§ 9719.1. Sentences for offenses committed against law enforcement officer.
§ 9720. Sentencing for criminal mischief.
§ 9720.1. Restitution for identity theft (Repealed).
§ 9720.2. Sentencing for trafficking of persons.
Subchapter C. Sentencing Alternatives
§ 9721. Sentencing generally.
§ 9722. Order of probation.
§ 9723. Determination of guilt without further penalty.
§ 9724. Partial confinement.
§ 9725. Total confinement.
§ 9726. Fine.
§ 9727. Disposition of persons found guilty but mentally ill.
§ 9728. Collection of restitution, reparation, fees, costs, fines and penalties.
§ 9729. Intermediate punishment (Repealed).
§ 9730. Payment of court costs, restitution and fines.
§ 9730.1. Collection of court costs, restitution and fines by private collection agency.
Subchapter D. Informational Basis of Sentence
§ 9731. Requirement for presentence investigation and report.
§ 9732. Contents of presentence report.
§ 9733. General principles of disclosure of presentence report.
§ 9734. Disclosure of presentence report to the parties.
§ 9735. Objections to contents of presentence report.
§ 9736. Report of psychiatric evaluation.
§ 9737. Report of outstanding charges and sentences.
§ 9738. Victim impact statements.
Subchapter E. Imposition of Sentence
§ 9751. Sentencing judge.
§ 9752. Sentencing proceeding generally.
§ 9753. Determination of guilt without further penalty.
§ 9754. Order of probation.
§ 9755. Sentence of partial confinement.
§ 9755.1. Temporary release from county correctional institution.
§ 9756. Sentence of total confinement.
§ 9757. Consecutive sentences of total confinement for multiple offenses.
§ 9758. Fine.
§ 9759. Record.
§ 9760. Credit for time served.
§ 9761. Computation and order of service of sentences.
§ 9762. Sentencing proceeding; place of confinement.
§ 9763. Sentence of county intermediate punishment.
§ 9764. Information required upon commitment and subsequent disposition.
§ 9765. Merger of sentences.
Subchapter F. Further Judicial Action
§ 9771. Modification or revocation of order of probation.
§ 9772. Failure to pay fine.
§ 9773. Modification or revocation of county intermediate punishment sentence.
§ 9774. Revocation of State intermediate punishment sentence.
§ 9775. Parole without board supervision.
§ 9776. Judicial power to release inmates.
§ 9777. Transfer of inmates in need of medical treatment.
Subchapter G. Appellate Review of Sentence
§ 9781. Appellate review of sentence.
Subchapter H. Registration of Sexual Offenders
§ 9791. Legislative findings and declaration of policy.
§ 9792. Definitions.
§ 9793. Registration of certain offenders for ten years (Deleted by amendment).
§ 9794. Designation of sexually violent predators (Deleted by amendment).
§ 9795. Registration of offenders (Deleted by amendment).
§ 9795.1. Registration.
§ 9795.2. Registration procedures and applicability.
§ 9795.3. Sentencing court information.
§ 9795.4. Assessments.
§ 9795.5. Exemption from certain notifications.
§ 9796. Verification of residence.
§ 9797. Victim notification.
§ 9798. Other notification.
§ 9798.1. Information made available on the Internet and electronic notification.
§ 9798.2. Administration.
§ 9798.3. Global positioning system technology.
§ 9799. Immunity for good faith conduct.
§ 9799.1. Duties of Pennsylvania State Police.
§ 9799.2. Duties of Pennsylvania Board of Probation and Parole.
§ 9799.3. Board.
§ 9799.4. Counseling of sexually violent predators.
§ 9799.5. Exemption from notification (Deleted by amendment).
§ 9799.6. Applicability (Deleted by amendment).
§ 9799.7. Exemption from notification for certain licensees and their employees.
§ 9799.8. Annual performance audit.
§ 9799.9. Photographs and fingerprinting.
§ 9799.10. Purposes of subchapter.
§ 9799.11. Legislative findings and declaration of policy.
§ 9799.12. Definitions.
§ 9799.13. Applicability.
§ 9799.14. Sexual offenses and tier system.
§ 9799.15. Period of registration.
§ 9799.16. Registry.
§ 9799.17. Termination of period of registration for juvenile offenders.
§ 9799.18. Information sharing.
§ 9799.19. Initial registration.
§ 9799.20. Duty to inform.
§ 9799.21. Penalty.
§ 9799.22. Enforcement.
§ 9799.23. Court notification and classification requirements.
§ 9799.24. Assessments.
§ 9799.25. Verification by sexual offenders and Pennsylvania State Police.
§ 9799.26. Victim notification.
§ 9799.27. Other notification.
§ 9799.28. Public Internet website.
§ 9799.29. Administration.
§ 9799.30. Global positioning system technology.
§ 9799.31. Immunity for good faith conduct.
§ 9799.32. Pennsylvania State Police.
§ 9799.33. Duties of probation and parole officials.
§ 9799.34. Duties of facilities housing sexual offenders.
§ 9799.35. Board.
§ 9799.36. Counseling of sexually violent predators.
§ 9799.37. Exemption from notification for certain licensees and their employees.
§ 9799.38. Annual performance audit.
§ 9799.39. Photographs and fingerprinting.
§ 9799.40. Duties of Pennsylvania Commission on Sentencing.
§ 9799.41. Expiration.
Chapter 98. County Intermediate Punishment
§ 9801. Short title of chapter.
§ 9802. Definitions.
§ 9803. Purpose.
§ 9804. County intermediate punishment programs.
§ 9805. Boards.
§ 9806. County intermediate punishment plan.
§ 9807. Commission.
§ 9808. Funding and audits.
§ 9809. Prohibitions.
§ 9810. Continued eligibility.
§ 9811. Nonapplication of certain provisions.
§ 9812. Construction.
§ 9813. Work release or other court order and purposes.
Chapter 99. Other Criminal Provisions
Subchapter A. County Probation Officers
§ 9911. Definitions.
§ 9912. Supervisory relationship to offenders.
§ 9913. Peace officer power for probation officers.
TITLE 42
JUDICIARY AND JUDICIAL PROCEDURE
Part
I. Preliminary Provisions
II. Organization
III. Selection, Retention and Removal of Judicial Officers
IV. Financial Matters
V. Administration of Justice Generally
VI. Actions, Proceedings and Other Matters Generally
VII. Civil Actions and Proceedings
VIII. Criminal Proceedings
Enactment. Unless otherwise noted, the provisions of Title 42 were added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978 (P.L.202, No.53). Act 142 also amended certain part headings and repealed former Chapter 83 which were added November 15, 1972, P.L.1063, No.271.
Special Provisions in Appendix. See Act 142 of 1976, Act 53 of 1978 and other statutory provisions in the appendix to this title for special provisions relating to pending proceedings, periods of limitation, existing judicial officers and bodies and financial matters, etc.
Short Title of Implementing Statutes. Section 28 of Act 142 of 1976 provided that Act 142 shall be known and may be cited as the Judiciary Act of 1976.
Section 1 of Act 53 of 1978 provided that Act 53 shall be known and may be cited as the Judiciary Act Repealer Act.
Section 101 of Act 142 of 1980 provided that Act 142 shall be known and may be cited as the JARA Continuation Act of 1980.
Section 101 of Act 326 of 1982 provided that Act 326 shall be known and may be cited as the JARA Continuation Act of 1982.
PART I
PRELIMINARY PROVISIONS
Chapter
1. General Provisions
Enactment. Part I was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
CHAPTER 1
GENERAL PROVISIONS
Sec.
101. Short title of title.
102. Definitions.
103. Principles of construction.
Enactment. Chapter 1 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
§ 101. Short title of title.
This title shall be known and may be cited as the "Judicial Code."
§ 102. Definitions.
Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Action." Any action at law or in equity.
"Administrative judge." The administrative judge of a division of a court, determined or selected as prescribed by general rule.
"Administrative Office." The office of the Court Administrator of Pennsylvania as specified in section 1902 (relating to Administrative Office of Pennsylvania Courts).
"Administrative staff." All individuals employed in the business of a court, including the personnel of the office of the clerk of the court of common pleas, but the term does not include judicial officers or their personal staff. The term includes the clerks or prothonotaries of the Supreme Court, the Superior Court and the Commonwealth Court and their staffs.
"Affidavit." Includes an unsworn document containing statements of fact and a statement by the signatory that it is made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
"Appeal." Any petition or other application to a court for review of subordinate governmental determinations. The term includes an application for certiorari under section 934 (relating to writs of certiorari) or under any other provision of law. Where required by the context, the term includes proceedings on petition for review.
"Appellate court." Includes the Supreme Court, the Superior Court and the Commonwealth Court.
"Appointive judicial officers." Arbitrators, auditors, commissioners to take oaths and depositions, custodians, examiners, guardians, masters, mental health review officers, receivers, referees, trustees, viewers and other like officers.
"Branch." As applied to a court of common pleas in a multicounty judicial district, an administrative unit composed of those members of the staff of the court from a particular county within the judicial district.
"Central staff." All individuals employed in the business of the unified judicial system, but the term does not include magisterial district judges or their personal staff or personnel of the courts.
"Clerk." As applied to a court of common pleas or the Philadelphia Municipal Court, the personnel of the office of the clerk of the court of common pleas, and as applied to any other court, the administrative staff responsible for the receipt of documents transmitted to the court by litigants and the transmission of notice of orders entered by and process issued under the authority of the court.
"Clerk of the courts." The officer exercising the powers and performing the duties specified in Subchapter C of Chapter 27 (relating to clerks of the courts). The term includes the Clerk of Quarter Sessions of Philadelphia.
"Clerk of the orphans' court division." The officer exercising the powers and performing the duties specified in Subchapter D of Chapter 27 (relating to clerks of orphans' court divisions).
"Commonwealth agency." Any executive agency or independent agency.
"Commonwealth Court." The court existing under section 4 of Article V of the Constitution of Pennsylvania and Subchapter C of Chapter 5 (relating to Commonwealth Court of Pennsylvania).
"Commonwealth government." The government of the Commonwealth, including the courts and other officers or agencies of the unified judicial system, the General Assembly and its officers and agencies, the Governor, and the departments, boards, commissions, authorities and officers and agencies of the Commonwealth, but the term does not include any political subdivision, municipal or other local authority, or any officer or agency of any such political subdivision or local authority.
"Community court." A court existing in a judicial district under section 6(a) of Article V of the Constitution of Pennsylvania and Subchapter A of Chapter 11 (relating to community courts).
"County." Includes the City and County of Philadelphia.
"County staff." System and related personnel elected by the electorate of a county or subject to appointment and removal by officers, other than judicial officers, so elected. The term does not include judicial officers.
"Court." Includes any one or more of the judges of the court who are authorized by general rule or rule of court, or by law or usage, to exercise the powers of the court in the name of the court.
"Court Administrator of Pennsylvania." The court administrator appointed by the Supreme Court under section 10(b) of Article V of the Constitution of Pennsylvania and section 1901 (relating to Court Administrator of Pennsylvania).
"Court of common pleas." The court existing in each judicial district under section 5 of Article V of the Constitution of Pennsylvania and Chapter 9 (relating to organization and jurisdiction of courts of common pleas).
"Determination." Action or inaction by a government unit which action or inaction is subject to judicial review by a court under section 9 of Article V of the Constitution of Pennsylvania or otherwise. The term includes an order entered by a government unit.
"District justice." (Deleted by amendment).
"Division." An administrative unit composed of those judges of the court responsible for the transaction of a specified class of the business of the court. In a court having two or more divisions each division of the court is vested with the full jurisdiction of the whole court, but the business of the court may be allocated among the divisions of the court by or pursuant to general rules.
"Executive agency." The Governor and the departments, boards, commissions, authorities and other officers and agencies of the Commonwealth government, but the term does not include any court or other officer or agency of the unified judicial system, the General Assembly and its officers and agencies, or any independent agency.
"General rule." A rule or order promulgated by the governing authority.
"Governing authority."
(1) The Supreme Court; or
(2) any agency or unit of the unified judicial system exercising a power or performing a duty pursuant to section 1721 (relating to delegation of powers).
"Government agency." Any Commonwealth agency or any political subdivision or municipal or other local authority, or any officer or agency of any such political subdivision or local authority.
"Government unit." The General Assembly and its officers and agencies, any government agency or any court or other officer or agency of the unified judicial system.
"Independent agency." Boards, commissions, authorities and other agencies and officers of the Commonwealth government which are not subject to the policy supervision and control of the Governor, but the term does not include any court or other officer or agency of the unified judicial system or the General Assembly and its officers and agencies. For purposes of jurisdiction of courts the term includes the Pennsylvania Deposit Insurance Corporation existing under the act of October 5, 1978 (P.L.1088, No.255), known as the "Pennsylvania Deposit Insurance Corporation Act."
"Indictable offense." An offense other than a summary offense.
"Issuing authority." Any judge or magisterial district judge of the minor judiciary, subject to the express limitations on jurisdiction specified in this title.
"Judge." Includes a justice of the Supreme Court. Except with respect to the power to select a president or administrative judge, to appoint and remove the administrative staff of the court and to adopt rules of court and other similar matters, the term includes a senior judge.
"Judicial and related account." The account required to be established upon the books of certain political subdivisions pursuant to section 3541 (relating to judicial and related account).
"Judicial branch." The judicial branch specified in section 10(c) of Article V of the Constitution of Pennsylvania.
"Judicial Department." A term utilized in appropriation statutes to distinguish judicial appropriations from other appropriations.
"Judicial district." A district established by section 901 (relating to judicial districts) for the election of one or more judges of a court of common pleas.
"Judicial officers." Judges, magisterial district judges and appointive judicial officers.
"Litigant." A party or any other person legally concerned with the results of a matter.
"Magisterial district." A district established within a judicial district pursuant to Subchapter A of Chapter 15 (relating to magisterial districts) for the election of a magisterial district judge.
"Magisterial district judge." A justice of the peace holding office under section 7(a) of Article V of the Constitution of Pennsylvania and Subchapter B of Chapter 15 (relating to magisterial district judges).
"Matter." Action, proceeding or appeal.
"Minor judiciary." The community courts, magisterial district judges, Pittsburgh Magistrates Court and Traffic Court of Philadelphia.
"Office of the clerk of the court of common pleas." A term employed in this title to refer generally to the administrative staff of the courts of common pleas and the Philadelphia Municipal Court responsible for the receipt of documents transmitted to the court by litigants and the transmission of notice of orders entered by and process issued under the authority of the court. The business of such staff shall be divided among the personnel of the offices of the prothonotary, the clerk of the courts and the clerk of the orphans' court division in the manner provided by or pursuant to Chapter 27 (relating to office of the clerk of the court of common pleas). Except as otherwise provided by statute, the term does not imply the unification of the administration, personnel or operations of any or all of such offices.
"Officer enforcing orders." Includes:
(1) A recorder of deeds when the order affects the ownership of an interest in property described or describable by a document which has been or may be filed or recorded in his office, or relates to the indexing of documents filed or recorded in his office.
(2) A register of wills.
(3) A sheriff.
"Order." Includes judgment, decision, decree, sentence and adjudication.
"Participant." Litigants, witnesses and their counsel.
"Party." A person who commences or against whom relief is sought in a matter. The term includes counsel for such a person who is represented by counsel.
"Personal staff." Private secretaries, law clerks and such other personnel as an individual may be authorized by law to select and remove subject to standards and classifications established by the governing authority.
"Personnel of the court." The judges and staff of the court.
"Personnel of the system." Judicial officers, personal staff, administrative staff and central staff.
"Philadelphia Municipal Court." The municipal court existing under section 6(c) of Article V of the Constitution of Pennsylvania and Subchapter B of Chapter 11 (relating to Philadelphia Municipal Court) so long as a community court has not been established or in the event one has been discontinued in the City and County of Philadelphia.
"Pittsburgh Magistrates Court." The court existing under Subchapter C of Chapter 11 (relating to Pittsburgh Magistrates Court).
"President judge." The president judge of a court determined or selected as provided or as prescribed by law.
"Proceeding." Includes every declaration, petition or other application which may be made to a court under law or usage or under special statutory authority, but the term does not include an action or an appeal.
"Process." A document evidencing a command of a court or of a magisterial district judge.
"Prothonotary." The officer exercising the powers and performing the duties specified in Subchapter B of Chapter 27 (relating to prothonotaries).
"Quasi-judicial order." An order of a government unit, made after notice and opportunity for hearing, which is by law reviewable solely upon the record made before the government unit, and not upon a record made in whole or in part before the reviewing court. This definition has no application to the definition of "tribunal."
"Related staff." All individuals employed at public expense who serve the unified judicial system, but the term does not include personnel of the system.
"Rule of court." A rule promulgated by a court regulating practice or procedure before the promulgating court.
"Section." An administrative unit of the administrative staff of the court composed of those persons responsible for the support of a class of the business of the court specified by law.
"Senior magisterial district judge." A former or retired magisterial district judge who retires or otherwise vacates office after January 1, 1970, who has served at least one complete six year elected term as a magisterial district judge, and who, with his consent, is assigned on temporary magisterial service pursuant to section 4122(b) (relating to assignment of senior magisterial district judges).
"Senior judge." A former or retired judge who shall not have been defeated for reelection and shall have served as a judge (whether or not continuously or on the same court) by election or appointment for an aggregate of at least ten years and any duly elected judge having an aggregate of six years of service as a judge who is required to retire at age 70 and who, with his consent, is assigned on temporary judicial service pursuant to section 4121(b) (relating to assignment of judges).
"Staff of the court." Appointive judicial officers, the administrative staff and personal staff of the court.
"State." When used in reference to the different parts of the United States, includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands and other organized territories and possessions of the United States.
"State Law Library." The Law Library Bureau of the State Library of Pennsylvania.
"Superior Court." The court existing under section 3 of Article V of the Constitution of Pennsylvania and Subchapter B of Chapter 5 (relating to Superior Court of Pennsylvania).
"Supreme Court." The court existing under section 2 of Article V of the Constitution of Pennsylvania and Subchapter A of Chapter 5 (relating to Supreme Court of Pennsylvania).
"System." The unified judicial system.
"System and related personnel." Personnel of the system and related staff. The term includes district attorneys, public defenders, sheriffs and other officers serving process or enforcing orders, registers of wills, prothonotaries, clerks of the courts, clerks of the orphans' court division, coroners, jury commissioners, probation officials, and the personnel of all of the foregoing.
"Traffic Court of Philadelphia." The traffic court existing under section 6(c) of Article V of the Constitution of Pennsylvania and Subchapter B of Chapter 13 (relating to Traffic Court of Philadelphia) so long as a community court has not been established or in the event one has been discontinued in the City and County of Philadelphia.
"Tribunal." A court, magisterial district judge or other judicial officer vested with the power to enter an order in a matter. The term includes a government unit, other than the General Assembly and its officers and agencies, when performing quasi-judicial functions.
"Unified judicial system." The unified judicial system existing under section 1 of Article V of the Constitution of Pennsylvania and section 301 (relating to unified judicial system).
"Verified." Includes an unsworn document containing a statement by the signatory that is made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 20, 1979, P.L.157, No.52, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Oct. 12, 1984, P.L.959, No.187, eff. 60 days; Nov. 29, 1990, P.L.574, No.147, eff. 60 days; July 9, 1992, P.L.689, No.102, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days)
2009 Amendment. Act 33 amended the def. of "process."
2007 Effectuation of Repeal. The Legislative Reference Bureau effectuated the 1992 repeal.
2004 Amendment. Act 207 amended the defs. of "central staff," "issuing authority," "judicial officers," "magisterial district," "minor judiciary," "senior district justice" and "tribunal," deleted the def. of "district justice" and added the def. of "magisterial district judge." See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1992 Repeal. Act 102 repealed Act 147 of 1990 which added par. (4) of the def. of "officer enforcing orders." Section 1956 of Title 1 provides: "The repeal of an amendatory statute does not revive the corresponding provision or section of the original statute or of any prior amendment." The text of par. (4) of the def. of "officer enforcing orders" has not been changed to give effect to the repeal.
1991 Unconstitutionality. Act 147 of 1990 was declared unconstitutional by the Supreme Court. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991).
1990 Amendment. Act 147 amended the def. of "officer enforcing orders."
1980 Amendment. Act 142 amended the defs. of "independent agency," "senior judge" and "system and related personnel."
1978 Amendment. Act 53 amended the def. of "appointive judicial officers" and added the defs. of "officer enforcing orders" and "senior district justice."
Effective Date. Section 29(2) of Act 142 of 1976 provided that section 102, insofar as applicable to section 1725 of this title, shall take effect January 1, 1977.
Cross References. Section 102 is referred to in section 4402 of this title; section 101 of Title 2 (Administrative Law and Procedure); section 6109 of Title 18 (Crimes and Offenses); section 102 of Title 20 (Decedents, Estates and Fiduciaries); section 102 of Title 23 (Domestic Relations); section 4110 of Title 51 (Military Affairs); section 102 of Title 75 (Vehicles).
§ 103. Principles of construction.
(a) Necessary powers conferred.--The provisions of this title shall be construed so as to vest in the unified judicial system and in the personnel of the system power to do all things that are reasonably necessary for the proper execution and administration of their functions within the scope of their respective jurisdiction.
(b) No inference from express grant of powers.--The inclusion in this title of provisions derived from or based on the text of the Constitution of Pennsylvania and the specification in this title of the powers of the unified judicial system is for the avoidance of potential controversy and the convenient codification of the powers of the system from whatever source derived and shall not be construed as a determination by the General Assembly that any of such powers are or are not inherent in the Supreme Court or the other agencies and units of the system under the Constitution of Pennsylvania or otherwise.
PART II
ORGANIZATION
Subpart
A. Courts and Magisterial District Judges
B. Other Structural Provisions
Enactment. Part II was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
SUBPART A
COURTS AND MAGISTERIAL DISTRICT JUDGES
Article
A. Preliminary Provisions
B. Appellate Courts
C. Courts of Common Pleas
D. Minor Courts
E. Magisterial District Judges
F. Court of Judicial Discipline
Subpart Heading. The heading of Subpart A was amended August 11, 2009, P.L.147, No.33, effective in 60 days.
ARTICLE A
PRELIMINARY PROVISIONS
Chapter
3. General Structure and Powers
CHAPTER 3
GENERAL STRUCTURE AND POWERS
Subchapter
A. Unified Judicial System
B. General Provisions Relating to Courts
Enactment. Chapter 3 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
SUBCHAPTER A
UNIFIED JUDICIAL SYSTEM
Sec.
301. Unified judicial system.
§ 301. Unified judicial system.
The judicial power of the Commonwealth shall be vested in a unified judicial system consisting of the:
(1) Supreme Court.
(2) Superior Court.
(3) Commonwealth Court.
(4) Courts of common pleas.
(5) Community courts.
(6) Philadelphia Municipal Court.
(7) Pittsburgh Magistrates Court.
(8) Traffic Court of Philadelphia.
(9) Magisterial district judges.
All courts and magisterial district judges and their jurisdiction shall be in this unified judicial system.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Cross References. Section 301 is referred to in section 102 of this title; section 3717 of Title 22 (Detectives and Private Police).
SUBCHAPTER B
GENERAL PROVISIONS RELATING TO COURTS
Sec.
321. Court of record.
322. Seal.
323. Powers.
324. Sessions and terms of court.
325. Chief Justice and president judges.
326. Quorum.
327. Oaths and acknowledgments.
§ 321. Court of record.
Except as otherwise provided in this subpart every court of this Commonwealth shall be a court of record with all the qualities and incidents of a court of record at common law.
§ 322. Seal.
Each court of this Commonwealth shall have a seal engraved with the name of the court and such other inscription as may be specified by general rule or rule of court. A facsimile or preprinted seal may be used for all purposes in lieu of the original seal.
§ 323. Powers.
Every court shall have power to issue, under its judicial seal, every lawful writ and process necessary or suitable for the exercise of its jurisdiction and for the enforcement of any order which it may make and all legal and equitable powers required for or incidental to the exercise of its jurisdiction, and, except as otherwise prescribed by general rules, every court shall have power to make such rules and orders of court as the interest of justice or the business of the court may require.
§ 324. Sessions and terms of court.
Except as otherwise prescribed by general rule or rule of court each court shall be in session as often as its judges shall deem necessary or proper and there shall be no terms of court. Each court shall always be open for the transaction of judicial business and the court or any judge shall have the same power in vacation to issue injunctions, grant stays and enter other orders as they have while the court is in session. The continued existence or expiration of a session of a court in no way affects the power of a court to do any act or take any proceeding.
§ 325. Chief Justice and president judges.
(a) General rule.--The Chief Justice of Pennsylvania and the president judges of all courts with seven or less judges shall be the judge longest in continuous service on their respective courts. In the event of his resignation from this position the judge next longest in continuous service shall be the Chief Justice of Pennsylvania or the president judge. Should any two or more judges of the same court assume office at the same time, they shall cast lots forthwith for priority of commission, and certify the results to the Governor who shall issue their commissions accordingly.
(b) Courts of eight or more judges.--The president judges of all courts with eight or more judges shall be selected for five-year terms by the members of their respective courts. In the event of a tie vote for the office of president judge, the Supreme Court shall appoint as president judge one of the judges receiving the highest number of votes.
(c) Traffic Court of Philadelphia.--Notwithstanding any other provision of this section, the President Judge of the Traffic Court of Philadelphia shall be appointed by the Governor for a five-year term or at the pleasure of the Governor.
(d) Resignation and temporary inability.--The Chief Justice of Pennsylvania or a president judge may resign such position and remain a member of the court.
(e) Powers of president judge.--Except as otherwise provided or prescribed by this title, by general rule or by order of the governing authority, the president judge of a court shall:
(1) Be the executive and administrative head of the court, supervise the judicial business of the court, promulgate all administrative rules and regulations, make all judicial assignments, and assign and reassign among the personnel of the court available chambers and other physical facilities.
(2) Exercise the powers of the court under section 2301(a)(2) (relating to appointment of personnel).
§ 326. Quorum.
(a) Supreme Court.--A majority of the Supreme Court shall be a quorum of the court.
(b) Other courts.--The quorum requisite to hold a session of any other court shall be specified by general rule.
(c) Inability to assemble quorum.--Where by reason of vacancy, illness, disqualification or otherwise it is impossible to assemble a quorum of a court at the time and place appropriate therefor, sufficient judges shall be temporarily assigned to the court to permit the court to hold a duly convened session and transact the business of the court.
(d) Court en banc.--The composition of a court en banc shall be as specified by general rules.
§ 327. Oaths and acknowledgments.
Each judicial officer, each clerk of court, and such other personnel of the system and jurors as may be designated by or pursuant to general rules may administer oaths and affirmations and take acknowledgments. An acknowledgment may be taken by a member of the bar of the Supreme Court of Pennsylvania if the document is thereafter certified to an officer authorized to administer oaths. Certification by an attorney shall be in accordance with section 7(5) of the act of July 24, 1941 (P.L.490, No.188), known as the Uniform Acknowledgment Act, and shall include the attorney's Supreme Court identification number.
(July 1, 1987, P.L.180, No.21, eff. imd.)
Cross References. Section 327 is referred to in sections 2737, 2757, 2777 of this title.
ARTICLE B
APPELLATE COURTS
Chapter
5. Organization of Appellate Courts
7. Jurisdiction of Appellate Courts
CHAPTER 5
ORGANIZATION OF APPELLATE COURTS
Subchapter
A. Supreme Court of Pennsylvania
B. Superior Court of Pennsylvania
C. Commonwealth Court of Pennsylvania
Enactment. Chapter 5 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
SUBCHAPTER A
SUPREME COURT OF PENNSYLVANIA
Sec.
501. Supreme Court.
502. General powers of Supreme Court.
503. Reassignment of matters.
504. Seat of court.
Cross References. Subchapter A is referred to in section 102 of this title.
§ 501. Supreme Court.
The Supreme Court of Pennsylvania shall consist of the Chief Justice of Pennsylvania and six associate justices. The court shall be the highest court of this Commonwealth and in it shall be reposed the supreme judicial power of the Commonwealth.
§ 502. General powers of Supreme Court.
The Supreme Court shall have and exercise the powers vested in it by the Constitution of Pennsylvania, including the power generally to minister justice to all persons and to exercise the powers of the court, as fully and amply, to all intents and purposes, as the justices of the Court of King's Bench, Common Pleas and Exchequer, at Westminster, or any of them, could or might do on May 22, 1722. The Supreme Court shall also have and exercise the following powers:
(1) All powers necessary or appropriate in aid of its original and appellate jurisdiction which are agreeable to the usages and principles of law.
(2) The powers vested in it by statute, including the provisions of this title.
§ 503. Reassignment of matters.
(a) General rule.--The Supreme Court may by general rule provide for the assignment and reassignment of classes of matters among the several courts of this Commonwealth and the magisterial district judges as the needs of justice shall require and all laws shall be suspended to the extent that they are inconsistent with such general rules.
(b) Procedures.--
(1) Rules adopted pursuant to subsection (a) shall be reported to the General Assembly by the Chief Justice at or after the beginning of a regular session thereof, but not later than May 1.
(2) Upon receipt, such rules shall be proposed to each house of the General Assembly as a resolution or resolutions, shall be placed on the calendar of each house for the next legislative day following their receipt, and shall be considered by each house within 120 calendar days of continuous session by the General Assembly.
(3) Such rules shall take effect if they are approved by a majority vote of the duly elected members of each house during such 120-day period, or may be disapproved by either house during that period by a majority vote of the duly elected membership of each house. The effective date of such rules shall be the date of approval of the last of the two houses to act.
(4) Upon the expiration of the 120-day period after the delivery of such rules to the two houses of the General Assembly and the failure to act as provided in paragraphs (2) and (3), such rules shall become effective.
(5) For the purposes of this subsection, continuity of session shall be considered as broken only by an adjournment of the General Assembly sine die; but in the computation of the 120-day period, there shall be excluded the days on which either house is not in session because of an adjournment of more than ten days to a day certain.
(6) Any such rules may, under provisions contained therein, be made operative at a time later than the date on which such rules would otherwise take effect.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Cross References. Section 503 is referred to in sections 701, 704, 931, 932, 933, 1105, 1123, 1143, 1302, 1515, 1702, 1722, 3724, 5502 of this title.
§ 504. Seat of court.
The regular sessions of the Supreme Court shall be held in the facility specified in section 3701 (relating to Pennsylvania Judicial Center) and elsewhere as prescribed by general rule.
SUBCHAPTER B
SUPERIOR COURT OF PENNSYLVANIA
Sec.
541. Superior Court.
542. Powers of Superior Court.
543. Seat of court.
544. Additional judges.
Cross References. Subchapter B is referred to in section 102 of this title.
§ 541. Superior Court.
The Superior Court of Pennsylvania shall consist of 15 judges.
(June 11, 1980, P.L.213, No.63, eff. imd.)
§ 542. Powers of Superior Court.
The Superior Court shall have all powers necessary or appropriate in aid of its jurisdiction which are agreeable to the usages and principles of law.
§ 543. Seat of court.
The regular sessions of the Superior Court shall be held at the cities of Harrisburg, Philadelphia and Pittsburgh and elsewhere as prescribed by general rule or rule of court.
§ 544. Additional judges.
(a) Constitution.--In order to increase the number of Superior Court judges so that the court shall hereafter be composed of 15 judges, pursuant to sections 3 and 13 of Article V of the Constitution of Pennsylvania, the appointment of eight additional judges to the court is hereby provided for. These additional judges shall possess the qualifications otherwise required by law for judges of the Superior Court and shall be initially appointed as provided in this section.
(b) Initial appointments.--The Governor, with the advice and consent of two-thirds of the members elected to the Senate, shall appoint eight additional judges for initial terms as follows:
(1) Two judges shall be appointed for terms ending the first Monday of January next following the third municipal election more than ten months after the additional judges are selected. These appointees shall be of different political parties.
(2) Two judges shall be appointed for terms ending the first Monday of January next following the second municipal election more than ten months after the additional judges are selected. These appointees shall be of different political parties.
(3) Four judges shall be appointed for terms ending the first Monday of January next following the first municipal election more than ten months after the additional judges are selected. Of these appointees, no more than two shall be of the same political party.
(c) Vacancies.--Vacancies caused by the death, retirement, resignation or removal of a judge appointed under this section shall be filled in the manner and for the term prescribed by section 13 of Article V of the Constitution of Pennsylvania.
(d) Retention declarations.--No judge appointed pursuant to this section shall, prior to the expiration of his appointive term, file a declaration of candidacy for retention, as provided in section 15 of Article V of the Constitution of Pennsylvania.
(e) Elections.--Elections for judges of the court shall be held at the times and in the manner prescribed by section 13 of Article V of the Constitution of Pennsylvania and, to the extent not inconsistent therewith, pursuant to the election laws of this Commonwealth applicable to the election of judges of the Superior Court.
(f) Terms of judges.--Except as provided in this section for the initial appointive terms for additional judges of the Superior Court, the terms of office of judges of the Superior Court shall be as otherwise provided by law.
(June 11, 1980, P.L.213, No.63, eff. imd.)
1980 Amendment. Act 63 added section 544.
SUBCHAPTER C
COMMONWEALTH COURT OF PENNSYLVANIA
Sec.
561. Commonwealth Court.
562. Powers of Commonwealth Court.
563. Seat of court.
564. Evidentiary hearings.
Cross References. Subchapter C is referred to in section 102 of this title.
§ 561. Commonwealth Court.
The Commonwealth Court of Pennsylvania shall consist of nine judges.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
§ 562. Powers of Commonwealth Court.
The Commonwealth Court shall have power to issue, under its judicial seal, every lawful writ and process necessary or suitable for the exercise of its jurisdiction and for the enforcement of any order which it may make, including such writs and process to or to be served or enforced by system and related personnel as the courts of common pleas are authorized by law or usage to issue. The court shall also have all powers of a court of record possessed by the courts of common pleas and all powers necessary or appropriate in aid of its appellate jurisdiction which are agreeable to the usages and principles of law.
§ 563. Seat of court.
(a) Regular sessions.--The regular sessions of the Commonwealth Court shall be held at the seat of government and elsewhere as provided in subsection (b). Each judge shall be provided with suitable chambers and other facilities at the seat of government. The intention of this provision is to render the court and the judges thereof as available, except as provided in subsection (b) or as otherwise provided in this title, at the seat of government for the conduct of routine and emergency judicial business as would be the case if the jurisdiction of the court were exercised by the Court of Common Pleas of Dauphin County.
(b) Other sessions.--Within the limits of available appropriations, special sessions of the court may be held from time to time for the convenience of parties or witnesses, or both, in the interest of justice, in such judicial districts of this Commonwealth as make available without cost to the Commonwealth suitable courtroom and related physical facilities. The court shall also sit in the cities of Philadelphia and Pittsburgh.
§ 564. Evidentiary hearings.
In any matter which requires the taking of testimony, the President Judge of the Commonwealth Court may assign a judge of the court, or another judge temporarily assigned to the court pursuant to section 4121 (relating to assignment of judges), to sit and receive the evidence, and perform such other duties as may be prescribed by rule or order of court.
CHAPTER 7
JURISDICTION OF APPELLATE COURTS
Subchapter
A. General Provisions
B. Jurisdiction of Supreme Court
C. Jurisdiction of Superior Court
D. Jurisdiction of Commonwealth Court
Enactment. Chapter 7 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
701. Scope of subchapter.
702. Interlocutory orders.
702.1. Expedited appeals in eminent domain proceedings.
703. Place and form of filing appeals.
704. Waiver of objections to jurisdiction.
705. Transfers between intermediate appellate courts.
706. Disposition of appeals.
707. Lien of judgments for money.
708. Improvident administrative appeals and other matters.
§ 701. Scope of subchapter.
(a) General rule.--The provisions of this subchapter shall apply to all courts of this Commonwealth, including the courts of common pleas when sitting as appellate courts.
(b) Reassignment of matters.--Any of the provisions of Subchapter B (relating to jurisdiction of Supreme Court), Subchapter C (relating to jurisdiction of Superior Court) and Subchapter D (relating to jurisdiction of Commonwealth Court) shall be subject to and superseded by any inconsistent provisions of any general rule adopted pursuant to section 503 (relating to reassignment of matters).
§ 702. Interlocutory orders.
(a) Appeals authorized by law.--An appeal authorized by law from an interlocutory order in a matter shall be taken to the appellate court having jurisdiction of final orders in such matter.
(b) Interlocutory appeals by permission.--When a court or other government unit, in making an interlocutory order in a matter in which its final order would be within the jurisdiction of an appellate court, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the matter, it shall so state in such order. The appellate court may thereupon, in its discretion, permit an appeal to be taken from such interlocutory order.
(c) Supersedeas.--Except as otherwise prescribed by general rules, a petition for permission to appeal under this section shall not stay the proceedings before the lower court or other government unit, unless the lower court or other government unit or the appellate court or a judge thereof shall so order.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsecs. (b) and (c).
Cross References. Section 702 is referred to in sections 704, 5105, 5574 of this title.
§ 702.1. Expedited appeals in eminent domain proceedings.
When a court in an eminent domain proceeding rules on preliminary objections to a declaration of taking and is of the opinion that the matters involved are of immediate public importance, it shall, upon request of a party, so state in the order. If an appeal is taken from that order, the appellate court shall give priority to the determination of the issues raised by the appeal.
(May 4, 2006, P.L.112, No.34, eff. 120 days)
2006 Amendment. Act 34 added section 702.1. Section 6(1) provided that, except as provided in par. (2), Act 34 shall apply to all condemnations effected on or after the effective date of section 6.
§ 703. Place and form of filing appeals.
Appeals, petitions for review, petitions for permission to appeal and petitions for allowance of appeal shall be filed in such office and in such form as may be prescribed by general rule.
§ 704. Waiver of objections to jurisdiction.
(a) General rule.--The failure of an appellee to file an objection to the jurisdiction of an appellate court within such time as may be specified by general rule, shall, unless the appellate court otherwise orders, operate to perfect the appellate jurisdiction of such appellate court, notwithstanding any provision of this title, or of any general rule adopted pursuant to section 503 (relating to reassignment of matters), vesting jurisdiction of such appeal in another appellate court.
(b) Exception.--Subsection (a) shall not apply to any defect in the jurisdiction of an appellate court which arises out of:
(1) The failure to effect a filing within the time provided or prescribed by law.
(2) An attempt to take an appeal from an interlocutory order which has not been made appealable by law or pursuant to section 702(b) (relating to interlocutory appeals by permission).
§ 705. Transfers between intermediate appellate courts.
The Superior Court and the Commonwealth Court shall have power pursuant to general rules, on their own motion or upon petition of any party, to transfer any appeal to the other court for consideration and decision with any matter pending in such other court involving the same or related questions of fact, law or discretion.
§ 706. Disposition of appeals.
An appellate court may affirm, modify, vacate, set aside or reverse any order brought before it for review, and may remand the matter and direct the entry of such appropriate order, or require such further proceedings to be had as may be just under the circumstances.
Cross References. Section 706 is referred to in sections 704, 754 of Title 2 (Administrative Law and Procedure); section 1711.1 of Title 62 (Procurement).
§ 707. Lien of judgments for money.
Any judgment or other order of the Supreme Court, the Superior Court or the Commonwealth Court for the payment of money shall not be a lien upon real property in any county until it is entered of record in the office of the clerk of the court of common pleas of the county where the property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county, in the same manner as a judgment transferred from the court of common pleas of another county.
§ 708. Improvident administrative appeals and other matters.
(a) General rule.--No objection to a governmental determination shall be defeated by reason of error in the form of the objection or the office of clerk of court in which the objection is filed.
(b) Appeals.--If an appeal is improvidently taken to a court under any provision of law from the determination of a government unit where the proper mode of relief is an action in the nature of equity, mandamus, prohibition, quo warranto or otherwise, this alone shall not be a ground for dismissal, but the papers whereon the appeal was taken shall be regarded and acted on as a complaint or other proper process commenced against the government unit or the persons for the time being conducting its affairs and as if filed at the time the appeal was taken.
(c) Other matters.--If a complaint in the nature of equity, mandamus, prohibition, quo warranto or other original process is commenced in any court against a government unit or one or more of the persons for the time being conducting its affairs, as such, objecting to a governmental determination by any of them, where the proper mode of relief is an appeal from the determination of the government unit, this alone shall not be a ground for dismissal, but the papers whereon the process against the government unit or any of such persons was commenced shall be regarded and acted on as an appeal from such determination of the government unit and as if filed at the time such process was commenced.
(d) Place of filing.--Section 5103 (relating to transfer of erroneously filed matters) shall also be applicable to an appeal or other matter which is deemed to be filed or commenced under any provision of this section.
(e) Single form of action.--Where pursuant to general rules review of a determination of a government unit may be had by a petition for review or another single form of action embracing the appeal and actions in the nature of equity, mandamus, prohibition, quo warranto or otherwise, the jurisdiction of the appellate court shall not be limited by the provisions of 1 Pa.C.S. § 1504 (relating to statutory remedy preferred over common law), but such provisions to the extent applicable shall limit the relief available.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 added subsec. (e).
Cross References. Section 708 is referred to in section 1722 of this title.
SUBCHAPTER B
JURISDICTION OF SUPREME COURT
Sec.
721. Original jurisdiction.
722. Direct appeals from courts of common pleas.
723. Appeals from Commonwealth Court.
724. Allowance of appeals from Superior and Commonwealth Courts.
725. Direct appeals from constitutional and judicial agencies.
726. Extraordinary jurisdiction.
727. Special tribunal.
Cross References. Subchapter B is referred to in section 701 of this title.
§ 721. Original jurisdiction.
The Supreme Court shall have original but not exclusive jurisdiction of all cases of:
(1) Habeas corpus.
(2) Mandamus or prohibition to courts of inferior jurisdiction.
(3) Quo warranto as to any officer of Statewide jurisdiction.
Cross References. Section 721 is referred to in section 761 of this title.
§ 722. Direct appeals from courts of common pleas.
The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in the following classes of cases:
(1) Matters prescribed by general rule.
(2) The right to public office.
(3) Matters where the qualifications, tenure or right to serve, or the manner of service, of any member of the judiciary is drawn in question.
(4) Automatic review of sentences as provided by 42 Pa.C.S. §§ 9546(d) (relating to relief and order) and 9711(h) (relating to review of death sentence).
(5) Supersession of a district attorney by an Attorney General or by a court or where the matter relates to the convening, supervision, administration, operation or discharge of an investigating grand jury or otherwise directly affects such a grand jury or any investigation conducted by it.
(6) Matters where the right or power of the Commonwealth or any political subdivision to create or issue indebtedness is drawn in direct question.
(7) Matters where the court of common pleas has held invalid as repugnant to the Constitution, treaties or laws of the United States, or to the Constitution of this Commonwealth, any treaty or law of the United States or any provision of the Constitution of, or of any statute of, this Commonwealth, or any provision of any home rule charter.
(8) Matters where the right to practice law is drawn in direct question.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 23, 1980, P.L.686, No.137, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Apr. 13, 1988, P.L.336, No.47, eff. imd.)
1988 Amendment. Act 47 amended par. (4). Section 6 of Act 47 provided that par. (4) shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective date of Act 47, irrespective of the date of conviction or sentence.
1980 Amendment. Act 142 amended par. (5).
Cross References. Section 722 is referred to in section 762 of this title.
§ 723. Appeals from Commonwealth Court.
(a) General rule.--The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the Commonwealth Court entered in any matter which was originally commenced in the Commonwealth Court except an order entered in a matter which constitutes an appeal to the Commonwealth Court from another court, a magisterial district judge or another government unit.
(b) Board of Finance and Revenue matters.--Any final order of the Commonwealth Court entered in any appeal from a decision of the Board of Finance and Revenue shall be appealable to the Supreme Court, as of right, under this section.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Cross References. Section 723 is referred to in sections 724, 763, 5105 of this title.
§ 724. Allowance of appeals from Superior and Commonwealth Courts.
(a) General rule.--Except as provided by section 9781(f) (relating to limitation on additional appellate review), final orders of the Superior Court and final orders of the Commonwealth Court not appealable under section 723 (relating to appeals from Commonwealth Court) may be reviewed by the Supreme Court upon allowance of appeal by any two justices of the Supreme Court upon petition of any party to the matter. If the petition shall be granted, the Supreme Court shall have jurisdiction to review the order in the manner provided by section 5105(d)(1) (relating to scope of appeal).
(b) Improvident appeals.--If an appeal is improvidently taken to the Supreme Court under section 723 in a case where the proper mode of review is by petition for allowance of appeal under this section, this alone shall not be a ground for dismissal, but the papers whereon the appeal was taken shall be regarded and acted on as a petition for allowance of appeal and as if duly filed at the time the appeal was taken.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
1980 Amendment. Act 142 amended subsec. (a).
§ 725. Direct appeals from constitutional and judicial agencies.
The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the following constitutional and judicial agencies:
(1) Legislative Reapportionment Commission.
(2) Court of Judicial Discipline, except matters within the exclusive jurisdiction of a special tribunal as established under section 18(c)(1) of Article V of the Constitution of Pennsylvania.
(3) The agency vested with the power to determine whether those members of the minor judiciary required to do so have completed a course of training and instruction in the duties of their respective offices and passed an examination.
(4) The agency vested with the power to admit or recommend the admission of persons to the bar and the practice of law.
(5) The agency vested with the power to discipline or recommend the discipline of attorneys at law.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993)
1993 Amendment. Act 56 amended par. (2).
1978 Amendment. Act 53 amended pars. (4) and (5).
Cross References. Section 725 is referred to in section 763 of this title.
§ 726. Extraordinary jurisdiction.
Notwithstanding any other provision of law, the Supreme Court may, on its own motion or upon petition of any party, in any matter pending before any court or magisterial district judge of this Commonwealth involving an issue of immediate public importance, assume plenary jurisdiction of such matter at any stage thereof and enter a final order or otherwise cause right and justice to be done.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 1082, as amended April 25, 1979, provided that section 726 shall not be deemed suspended or affected. Rules 1001 through 1082 relate to appellate proceedings with respect to judgments and other decisions of district justices in civil matters. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 1082 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.
§ 727. Special tribunal.
(a) General rule.--A justice seeking review of a decision of the Court of Judicial Discipline pursuant to section 18 of Article V of the Constitution of Pennsylvania shall so notify the Court of Judicial Discipline.
(b) Establishment.--Upon receipt of notice under subsection (a), the Court of Judicial Discipline shall notify the Secretary of the Commonwealth who shall set a date within 20 days for the selection of the special tribunal as set forth in section 18 of Article V of the Constitution of Pennsylvania. At the time and place fixed, the Secretary of the Commonwealth, in a manner consistent with any applicable general rules, shall publicly select by lot seven names from the members of the Superior Court and the Commonwealth Court in regular active duty, except judges then serving on the Court of Judicial Discipline or the Judicial Conduct Board.
(c) Vacancies.--A vacancy on the special tribunal shall be filled for the unexpired term in the manner provided under subsection (b).
(d) Powers and duties.--The special tribunal shall review the decision of the Court of Judicial Discipline as provided in section 18 of Article V of the Constitution of Pennsylvania. There shall be no right of appeal or other form of review from the special tribunal.
(July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993)
1993 Amendment. Act 56 added section 727.
Suspension by Court Rule. Section 727 was suspended by Rule No. 7 of Pennsylvania Rules Governing Appeals from the Court of Judicial Discipline, adopted May 24, 1994, insofar as it is inconsistent with Rules 1 through 11.
SUBCHAPTER C
JURISDICTION OF SUPERIOR COURT
Sec.
741. Original jurisdiction.
742. Appeals from courts of common pleas.
Cross References. Subchapter C is referred to in section 701 of this title.
§ 741. Original jurisdiction.
The Superior Court shall have no original jurisdiction, except in cases of mandamus and prohibition to courts of inferior jurisdiction where such relief is ancillary to matters within its appellate jurisdiction, and except that it, or any judge thereof, shall have full power and authority when and as often as there may be occasion, to issue writs of habeas corpus under like conditions returnable to the said court.
§ 742. Appeals from courts of common pleas.
The Superior Court shall have exclusive appellate jurisdiction of all appeals from final orders of the courts of common pleas, regardless of the nature of the controversy or the amount involved, except such classes of appeals as are by any provision of this chapter within the exclusive jurisdiction of the Supreme Court or the Commonwealth Court.
SUBCHAPTER D
JURISDICTION OF COMMONWEALTH COURT
Sec.
761. Original jurisdiction.
762. Appeals from courts of common pleas.
763. Direct appeals from government agencies.
764. Election contests and other matters.
Cross References. Subchapter D is referred to in section 701 of this title.
§ 761. Original jurisdiction.
(a) General rule.--The Commonwealth Court shall have original jurisdiction of all civil actions or proceedings:
(1) Against the Commonwealth government, including any officer thereof, acting in his official capacity, except:
(i) actions or proceedings in the nature of applications for a writ of habeas corpus or post-conviction relief not ancillary to proceedings within the appellate jurisdiction of the court;
(ii) eminent domain proceedings;
(iii) actions or proceedings conducted pursuant to Chapter 85 (relating to matters affecting government units);
(iv) actions or proceedings conducted pursuant to the act of May 20, 1937 (P.L.728, No.193), referred to as the Board of Claims Act; and
(v) actions or proceedings in the nature of trespass as to which the Commonwealth government formerly enjoyed sovereign or other immunity and actions or proceedings in the nature of assumpsit relating to such actions or proceedings in the nature of trespass.
(2) By the Commonwealth government, including any officer thereof, acting in his official capacity, except eminent domain proceedings.
(3) Arising under Article V of the act of May 17, 1921 (P.L.789, No.285), known as "The Insurance Department Act of 1921."
(4) Original jurisdiction of which is vested in the Commonwealth Court by any statute hereafter enacted.
(b) Concurrent and exclusive jurisdiction.--The jurisdiction of the Commonwealth Court under subsection (a) shall be exclusive except as provided in section 721 (relating to original jurisdiction) and except with respect to actions or proceedings by the Commonwealth government, including any officer thereof, acting in his official capacity, where the jurisdiction of the court shall be concurrent with the several courts of common pleas.
(c) Ancillary matters.--The Commonwealth Court shall have original jurisdiction in cases of mandamus and prohibition to courts of inferior jurisdiction and other government units where such relief is ancillary to matters within its appellate jurisdiction, and it, or any judge thereof, shall have full power and authority when and as often as there may be occasion, to issue writs of habeas corpus under like conditions returnable to the said court. To the extent prescribed by general rule the Commonwealth Court shall have ancillary jurisdiction over any claim or other matter which is related to a claim or other matter otherwise within its exclusive original jurisdiction.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 28, 1978, P.L.788, No.152, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Amendment. Act 326 amended subsec. (a).
1980 Amendments. Act 142 amended subsec. (a), repealed subsec. (c) and relettered subsec. (d) to (c) and Act 189 amended subsec. (a)(1), retroactive to June 27, 1978.
1978 Amendments. Act 53 amended subsecs. (a) and (b) and Act 152 amended subsecs. (a) and (c).
Transfer of Records. Section 6 of Act 189 of 1980 provided that the Prothonotary of the Commonwealth Court shall, except as otherwise ordered by the court in the interest of justice, transfer to the appropriate office of the clerk of the court of common pleas all dockets, records, pleadings and other papers, or certified copies thereof, relating to all pending matters jurisdiction of which is vested in another tribunal by reason of 42 Pa.C.S. § 761(a)(1)(iv) or 933(a)(1)(v) as added or amended by Act 189.
References in Text. The act of May 20, 1937 (P.L.728, No.193), referred to as the Board of Claims Act, referred to in subsec. (a)(1)(iv), was repealed by the act of December 3, 2002 (P.L.1147, No.142). The subject matter is now contained in Subchapter C of Chapter 17 of Title 62 (Procurement).
Cross References. Section 761 is referred to in section 762 of this title.
§ 762. Appeals from courts of common pleas.
(a) General rule.--Except as provided in subsection (b), the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in the following cases:
(1) Commonwealth civil cases.--All civil actions or proceedings:
(i) Original jurisdiction of which is vested in another tribunal by virtue of any of the exceptions to section 761(a)(1) (relating to original jurisdiction), except actions or proceedings in the nature of applications for a writ of habeas corpus or post-conviction relief not ancillary to proceedings within the appellate jurisdiction of the court.
(ii) By the Commonwealth government, including any officer thereof acting in his official capacity.
(2) Governmental and Commonwealth regulatory criminal cases.--All criminal actions or proceedings for the violation of any:
(i) Rule, regulation or order of any Commonwealth agency.
(ii) Regulatory statute administered by any Commonwealth agency subject to Subchapter A of Chapter 5 of Title 2 (relating to practice and procedure of Commonwealth agencies). The term "regulatory statute" as used in this subparagraph does not include any provision of Title 18 (relating to crimes and offenses).
(3) Secondary review of certain appeals from Commonwealth agencies.--All appeals from Commonwealth agencies which may be taken initially to the courts of common pleas under section 933 (relating to appeals from government agencies).
(4) Local government civil and criminal matters.--
(i) All actions or proceedings arising under any municipality, institution district, public school, planning or zoning code or under which a municipality or other political subdivision or municipality authority may be formed or incorporated or where is drawn in question the application, interpretation or enforcement of any:
(A) statute regulating the affairs of political subdivisions, municipality and other local authorities or other public corporations or of the officers, employees or agents thereof, acting in their official capacity;
(B) home rule charter or local ordinance or resolution; or
(C) statute relating to elections, campaign financing or other election procedures.
(ii) All appeals from government agencies other than Commonwealth agencies decided under section 933 or otherwise.
(5) Certain private corporation matters.--
(i) All actions or proceedings relating to corporations not-for-profit arising under Title 15 (relating to corporations and unincorporated associations) or where is drawn in question the application, interpretation or enforcement of any provision of the Constitution, treaties or laws of the United States, or the Constitution of Pennsylvania or any statute, regulating in any such case the corporate affairs of any corporation not-for-profit subject to Title 15 or the affairs of the members, security holders, directors, officers, employees or agents thereof, as such.
(ii) All actions or proceedings otherwise involving the corporate affairs of any corporation not-for-profit subject to Title 15 or the affairs of the members, security holders, directors, officers, or employees or agents thereof, as such.
(6) Eminent domain.--All eminent domain proceedings or where is drawn in question the power or right of the acquiring agency to appropriate the condemned property or to use it for the purpose condemned or otherwise.
(7) Immunity waiver matters.--Matters conducted pursuant to Subchapter C of Chapter 85 (relating to actions against local parties).
(b) Exception.--The Commonwealth Court shall not have jurisdiction of such classes of appeals from courts of common pleas as are by section 722 (relating to direct appeals from courts of common pleas) within the exclusive jurisdiction of the Supreme Court.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 28, 1978, P.L.788, No.152, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Amendment. Act 326 amended subsec. (a), retroactive to December 5, 1980, as to subsec. (a)(1)(ii).
Cross References. Section 762 is referred to in section 933 of this title.
§ 763. Direct appeals from government agencies.
(a) General rule.--Except as provided in subsection (c), the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of government agencies in the following cases:
(1) All appeals from Commonwealth agencies under Subchapter A of Chapter 7 of Title 2 (relating to judicial review of Commonwealth agency action) or otherwise and including appeals from the Board of Claims, the Environmental Hearing Board, the Pennsylvania Public Utility Commission, the Unemployment Compensation Board of Review and from any other Commonwealth agency having Statewide jurisdiction.
(2) All appeals jurisdiction of which is vested in the Commonwealth Court by any statute hereafter enacted.
(b) Awards of arbitrators.--The Commonwealth Court shall have exclusive jurisdiction of all petitions for review of an award of arbitrators appointed in conformity with statute to arbitrate a dispute between the Commonwealth and an employee of the Commonwealth. The petition for review shall be deemed an appeal from a government unit for the purposes of section 723 (relating to appeals from Commonwealth Court) and Chapter 55 (relating to limitation of time).
(c) Exceptions.--The Commonwealth Court shall not have jurisdiction of such classes of appeals from government agencies as are:
(1) By section 725 (relating to direct appeals from constitutional and judicial agencies) within the exclusive jurisdiction of the Supreme Court.
(2) By section 933 (relating to appeals from government agencies) within the exclusive jurisdiction of the courts of common pleas.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; May 15, 1998, P.L.358, No.57, eff. 180 days)
1998 Amendment. Act 57 amended subsec. (a).
Cross References. Section 763 is referred to in section 1204 of Title 4 (Amusements); section 8533.1 of Title 24 (Education); section 8157 of Title 35 (Health and Safety); section 2309 of Title 58 (Oil and Gas); sections 531, 1725 of Title 62 (Procurement); section 5953.1 of Title 71 (State Government); sections 1553, 1554 of Title 75 (Vehicles).
§ 764. Election contests and other matters.
The Commonwealth Court shall have exclusive original jurisdiction of:
(1) Contested nominations and elections of the second class under the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code."
(2) All matters arising in the Office of the Secretary of the Commonwealth relating to Statewide office, except nomination and election contests within the jurisdiction of another tribunal.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 added section 764.
ARTICLE C
COURTS OF COMMON PLEAS
Chapter
9. Organization and Jurisdiction of Courts of Common Pleas
CHAPTER 9
ORGANIZATION AND JURISDICTION OF
COURTS OF COMMON PLEAS
Subchapter
A. Judicial Districts
B. Organization of Courts of Common Pleas
C. Jurisdiction of Courts of Common Pleas
D. Court Divisions
E. Sections of the Staff of the Court
Enactment. Chapter 9 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
Cross References. Chapter 9 is referred to in section 102 of this title.
SUBCHAPTER A
JUDICIAL DISTRICTS
Sec.
901. Judicial districts.
§ 901. Judicial districts.
(a) General rule.--The Commonwealth is divided into 60 judicial districts, numbered and composed as follows:
First.--City and County of Philadelphia.
Second.--County of Lancaster.
Third.--County of Northampton.
Fourth.--County of Tioga.
Fifth.--County of Allegheny.
Sixth.--County of Erie.
Seventh.--County of Bucks.
Eighth.--County of Northumberland.
Ninth.--County of Cumberland.
Tenth.--County of Westmoreland.
Eleventh.--County of Luzerne.
Twelfth.--County of Dauphin.
Thirteenth.--County of Greene.
Fourteenth.--County of Fayette.
Fifteenth.--County of Chester.
Sixteenth.--County of Somerset.
Seventeenth.--Counties of Snyder and Union.
Eighteenth.--County of Clarion.
Nineteenth.--County of York.
Twentieth.--County of Huntingdon.
Twenty-first.--County of Schuylkill.
Twenty-second.--County of Wayne.
Twenty-third.--County of Berks.
Twenty-fourth.--County of Blair.
Twenty-fifth.--County of Clinton.
Twenty-sixth.--Counties of Columbia and Montour.
Twenty-seventh.--County of Washington.
Twenty-eighth.--County of Venango.
Twenty-ninth.--County of Lycoming.
Thirtieth.--County of Crawford.
Thirty-first.--County of Lehigh.
Thirty-second.--County of Delaware.
Thirty-third.--County of Armstrong.
Thirty-fourth.--County of Susquehanna.
Thirty-fifth.--County of Mercer.
Thirty-sixth.--County of Beaver.
Thirty-seventh.--Counties of Forest and Warren.
Thirty-eighth.--County of Montgomery.
Thirty-ninth.--Counties of Franklin and Fulton.
Fortieth.--County of Indiana.
Forty-first.--Counties of Juniata and Perry.
Forty-second.--County of Bradford.
Forty-third.--County of Monroe.
Forty-fourth.--Counties of Sullivan and Wyoming.
Forty-fifth.--County of Lackawanna.
Forty-sixth.--County of Clearfield.
Forty-seventh.--County of Cambria.
Forty-eighth.--County of McKean.
Forty-ninth.--County of Centre.
Fiftieth.--County of Butler.
Fifty-first.--County of Adams.
Fifty-second.--County of Lebanon.
Fifty-third.--County of Lawrence.
Fifty-fourth.--County of Jefferson.
Fifty-fifth.--County of Potter.
Fifty-sixth.--County of Carbon.
Fifty-seventh.--County of Bedford.
Fifty-eighth.--County of Mifflin.
Fifty-ninth.--Counties of Cameron and Elk.
Sixtieth.--County of Pike.
(b) Change in number or boundaries.--Except as otherwise provided therein, any statute amending subsection (a) so as to change the number or boundaries of the judicial districts of this Commonwealth shall take effect 30 days after the entry of an order of the Supreme Court evidencing the advice and consent of the court to the amendment pursuant to section 11 of Article V of the Constitution of Pennsylvania.
(Apr. 8, 1982, P.L.292, No.82)
1982 Amendment. Section 2 of Act 82 provided that Act 82 shall take effect 30 days after the advice and consent of the Supreme Court of Pennsylvania is given by order of the court pursuant to section 11 of Article V of the Constitution of Pennsylvania. The consent of the Supreme Court was given by order of June 30, 1982, published at 12 Pa.B. 2264. Section 901 was amended by adding a 60th Judicial District composed of the County of Pike and removing that county from the 43rd Judicial District, and section 911 was amended by adding a judge to the 60th Judicial District and removing a judge from the 43rd Judicial District.
Cross References. Section 901 is referred to in section 102 of this title.
SUBCHAPTER B
ORGANIZATION OF COURTS OF COMMON PLEAS
Sec.
911. Courts of common pleas.
912. Powers of courts of common pleas.
913. Seats of courts.
914. Reimbursement for common pleas court costs.
915. Proportional reduction.
916. Problem-solving courts.
917. Housing courts.
§ 911. Courts of common pleas.
(a) General rule.--There shall be one court of common pleas for each judicial district of this Commonwealth consisting of the following number of judges:
|
Judicial District |
Number of Judges |
|
First |
93 |
|
Second |
15 |
|
Third |
9 |
|
Fourth |
1 |
|
Fifth |
43 |
|
Sixth |
9 |
|
Seventh |
13 |
|
Eighth |
3 |
|
Ninth |
6 |
|
Tenth |
11 |
|
Eleventh |
10 |
|
Twelfth |
10 |
|
Thirteenth |
2 |
|
Fourteenth |
5 |
|
Fifteenth |
14 |
|
Sixteenth |
3 |
|
Seventeenth |
2 |
|
Eighteenth |
1 |
|
Nineteenth |
15 |
|
Twentieth |
1 |
|
Twenty-first |
6 |
|
Twenty-second |
1 |
|
Twenty-third |
13 |
|
Twenty-fourth |
5 |
|
Twenty-fifth |
2 |
|
Twenty-sixth |
2 |
|
Twenty-seventh |
6 |
|
Twenty-eighth |
2 |
|
Twenty-ninth |
5 |
|
Thirtieth |
3 |
|
Thirty-first |
10 |
|
Thirty-second |
20 |
|
Thirty-third |
2 |
|
Thirty-fourth |
1 |
|
Thirty-fifth |
4 |
|
Thirty-sixth |
7 |
|
Thirty-seventh |
2 |
|
Thirty-eighth |
23 |
|
Thirty-ninth |
5 |
|
Fortieth |
3 |
|
Forty-first |
2 |
|
Forty-second |
2 |
|
Forty-third |
6 |
|
Forty-fourth |
1 |
|
Forty-fifth |
9 |
|
Forty-sixth |
2 |
|
Forty-seventh |
5 |
|
Forty-eighth |
2 |
|
Forty-ninth |
4 |
|
Fiftieth |
6 |
|
Fifty-first |
4 |
|
Fifty-second |
4 |
|
Fifty-third |
4 |
|
Fifty-fourth |
1 |
|
Fifty-fifth |
1 |
|
Fifty-sixth |
3 |
|
Fifty-seventh |
2 |
|
Fifty-eighth |
2 |
|
Fifty-ninth |
1 |
|
Sixtieth |
2 |
(a.1) Interim judgeship.--Notwithstanding the provisions of subsection (a), the Court of Common Pleas of the Fourteenth Judicial District shall consist of six judges. This subsection shall expire upon the happening of the first vacancy on the Court of Common Pleas of the Fourteenth Judicial District or January 8, 2002, whichever is later.
(a.2) Fifteenth Judicial District.--Notwithstanding the provisions of subsection (a), the Court of Common Pleas of the Fifteenth Judicial District shall consist of 13 judges. This subsection shall expire January 6, 2014.
(b) Single county districts.--In single county judicial districts the court of common pleas of the district shall be known as the "Court of Common Pleas of (the respective) County."
(c) Multicounty districts.--In multicounty judicial districts the court of common pleas of the district shall be known as the "Court of Common Pleas of the (respective) Judicial District." There shall be a separate branch of the court in each county comprising the judicial district.
(Nov. 26, 1978, P.L.1264, No.301, eff. imd.; July 10, 1980, P.L.513, No.106; Apr. 8, 1982, P.L.292, No.82; July 10, 1984, P.L.708, No.150, eff. imd.; Dec. 22, 1986, P.L.1744, No.213, eff. 60 days; May 13, 1987, P.L.15, No.6, eff. imd.; Dec. 7, 1990, P.L.619, No.159, eff. imd.; Feb. 14, 1997, P.L.3, No.2, eff. imd.; Dec. 15, 1998, P.L.949, No.126; Dec. 20, 2000, P.L.742, No.105, eff. imd.; June 22, 2001, P.L.388, No.28, eff. imd.; Dec. 9, 2002, P.L.1705, No.215, eff. imd.; Nov. 30, 2004, P.L.1703, No.217, eff. imd.; Oct. 9, 2008, P.L.1352, No.98, eff. imd.; Nov. 23, 2010, P.L.1137, No.114, eff. 60 days)
2010 Amendment. Act 114 added subsec. (a.2).
2008 Amendment. Act 98 amended subsec. (a). See section 8 of Act 98 in the appendix to this title for special provisions relating to the selection of additional judges.
2004 Amendment. See section 5 of Act 217 in the appendix to this title for special provisions relating to election of additional judges.
2002 Amendment. See section 7 of Act 215 in the appendix to this title for special provisions relating to election of additional judges.
2001 Amendment. Act 28 added subsec. (a.1). See sections 2 and 3 of Act 28 in the appendix to this title for special provisions relating to election of additional judges and legislative findings.
2000 Amendment. See section 7 of Act 105 in the appendix to this title for special provisions relating to election of additional judges.
1998 Amendment. Act 126 amended the entire section, effective immediately as to subsec. (a) and January 1, 1999, as to the remainder of the section. Section 12 of Act 126 provided that the new judgeship for the fifty-second district added by the amendment of subsec. (a) shall be created on January 3, 2000, and shall be initially filled by election at the 1999 municipal election.
1997 Amendment. See section 2 of Act 2 in the appendix to this title for special provisions relating to the election of additional judges.
1990 Amendment. See sections 2 and 3 of Act 159 in the appendix to this title for special provisions relating to judgeships in First Judicial District and filling of new judgeships.
1984 Amendment. See section 3 of Act 150 in the appendix to this title for special provisions relating to election of additional judges.
1978 Amendment. See section 4 of Act 301 in the appendix to this title for special provisions relating to election of additional judges.
§ 912. Powers of courts of common pleas.
Every court of common pleas shall have power to issue, under its judicial seal, every lawful writ and process to or to be served or enforced by system and related personnel as such courts have been heretofore authorized by law or usage to issue. Every judge of a court of common pleas shall have all the powers of a judge or magisterial district judge of the minor judiciary.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 913. Seats of courts.
The regular sessions of each court of common pleas shall be held at the county seat of each county comprising the judicial district and elsewhere as prescribed by general rule or rule of court.
§ 914. Reimbursement for common pleas court costs.
For the purposes of reimbursement for common pleas court judge authorized positions, no county shall receive less than 77.5% of the actual reimbursement for court costs provided to them from funds appropriated for the fiscal year July 1, 1980, to June 30, 1981.
(Dec. 20, 2000, P.L.742, No.105, eff. 60 days)
2000 Amendment. Act 105 added section 914.
Cross References. Section 914 is referred to in section 915 of this title.
§ 915. Proportional reduction.
Notwithstanding the provisions of section 914 (relating to reimbursement for common pleas court costs), in the event that the total county court reimbursement qualifying for payment for any calendar year exceeds the amount appropriated by the General Assembly for such purpose, the Court Administrator of Pennsylvania shall proportionally reduce the amount of reimbursement for every county so that the total of all reimbursements does not exceed the amount appropriated.
(July 17, 2007, P.L.123, No.37, eff. 60 days)
2007 Amendment. Act 37 added section 915.
§ 916. Problem-solving courts.
(a) Establishment.--The court of common pleas of a judicial district and the Municipal Court of Philadelphia may establish, from available funds, one or more problem-solving courts which have specialized jurisdiction, including, but not limited to, drug courts, mental health courts and driving under the influence courts, whereby defendants are admitted to a court-supervised individualized treatment program. The court may adopt local rules for the administration of problem-solving courts and their related treatment services. The local rules may not be inconsistent with this section or any rules established by the Supreme Court.
(b) Statewide problem-solving courts coordinator.--To the extent that funds are available, the Supreme Court may appoint a Statewide problem-solving courts coordinator. The coordinator may:
(1) Encourage and assist in the establishment of problem-solving courts in each judicial district.
(2) Identify sources of funding for problem-solving courts and their related treatment services, including the availability of grants.
(3) Provide coordination and technical assistance for grant applications.
(4) Develop model guidelines for the administration of problem-solving courts and their related treatment services.
(5) Establish procedures for monitoring problem-solving courts and their related treatment services and for evaluating the effectiveness of problem-solving courts and their related treatment services.
(c) Advisory committee.--The Supreme Court may establish, from available funds, an interdisciplinary and interbranch advisory committee to advise and assist the Statewide problem-solving courts coordinator in monitoring and administrating problem-solving courts Statewide.
(June 3, 2010, P.L.207, No.30, eff. 60 days)
2010 Amendment. Act 30 added section 916.
§ 917. Housing courts.
(a) Establishment.--The court of common pleas of a judicial district may establish, from available funds, a housing court which shall have jurisdiction as provided under subsection (d). The court may adopt local rules for the administration of housing courts and their related services such as housing clinics to counsel code violators on their responsibilities and procedures to bring properties into code compliance. The local rules may not be inconsistent with this section or any rules established by the Supreme Court.
(b) Statewide housing courts coordinator.--To the extent that funds are available, the Supreme Court may appoint a Statewide housing courts coordinator who may be assigned other responsibilities by the Supreme Court. The coordinator may:
(1) Encourage and assist in the establishment of housing courts in each judicial district where the caseload justifies the establishment of such courts.
(2) Identify sources of funding for housing courts and their related services, including the availability of grants.
(3) Provide coordination and technical assistance for grant applications.
(4) Develop model guidelines for the administration of housing courts and their related services.
(5) Establish procedures for monitoring housing courts and their related services and for evaluating the effectiveness of housing courts and their related services.
(c) Advisory committee.--The Supreme Court may establish, from available funds, an interdisciplinary and interbranch advisory committee to advise and assist the Statewide housing courts coordinator in monitoring and administering housing courts Statewide.
(d) Jurisdiction of housing court.--In a court of common pleas which has established a housing court pursuant to this section, the exclusive jurisdiction of the following matters may be vested in the housing court:
(1) Criminal and civil actions arising within the county under any other general or special law, ordinance, rule or regulation concerned with the health, safety or welfare of an occupant of a place used or intended for use as a place of human habitation.
(2) Land use decisions appealed to the court of common pleas in accordance with Article X-A of the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, provided they relate to single-family and multifamily properties, or proceedings appealed to court in accordance with the act of June 13, 1961 (P.L.282, No.167), relating to the establishment of historic districts.
(3) Appeals from government agencies under the former act of December 2, 1968 (P.L.1133, No.353), known as the Local Agency Law, or otherwise, relating to the housing, building, safety, plumbing, mechanical, electrical, health or fire ordinances and regulations of a municipal corporation within the county or of the county itself.
(4) Matters arising under the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, which involve a place used or intended for use as a place of human habitation.
(5) Matters arising under the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, which involve a place used, or intended for use, as a place of human habitation.
(Oct. 27, 2010, P.L.875, No.90, eff. 180 days)
2010 Amendment. Act 90 added section 917.
SUBCHAPTER C
JURISDICTION OF COURTS OF COMMON PLEAS
Sec.
931. Original jurisdiction and venue.
932. Appeals from minor judiciary.
933. Appeals from government agencies.
934. Writs of certiorari.
§ 931. Original jurisdiction and venue.
(a) General rule.--Except where exclusive original jurisdiction of an action or proceeding is by statute or by general rule adopted pursuant to section 503 (relating to reassignment of matters) vested in another court of this Commonwealth, the courts of common pleas shall have unlimited original jurisdiction of all actions and proceedings, including all actions and proceedings heretofore cognizable by law or usage in the courts of common pleas.
(b) Concurrent and exclusive jurisdiction.--The jurisdiction of the courts of common pleas under this section shall be exclusive except with respect to actions and proceedings concurrent jurisdiction of which is by statute or by general rule adopted pursuant to section 503 vested in another court of this Commonwealth or in the magisterial district judges.
(c) Venue and process.--Except as provided by section 5101.1 (relating to venue in medical professional liability actions) and Subchapter B of Chapter 85 (relating to actions against Commonwealth parties), the venue of a court of common pleas concerning matters over which jurisdiction is conferred by this section shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the judicial district to the extent prescribed by general rule. Except as otherwise prescribed by general rule, in a proceeding to enforce an order of a government agency the process of the court shall extend throughout this Commonwealth.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 28, 1978, P.L.788, No.152, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Oct. 17, 2002, P.L.880, No.127, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (b). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
2002 Amendment. Act 127 amended subsec. (c). Section 5 of Act 127 provided that the amendment of subsec. (c) shall apply to all medical professional liability actions filed on or after the effective date of section 5.
1980 Amendment. Act 142 added present section 931 and repealed former section 931 relating to the same subject matter.
Cross References. Section 931 is referred to in section 7796 of Title 20 (Decedents, Estates and Fiduciaries).
§ 932. Appeals from minor judiciary.
Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each court of common pleas shall have exclusive jurisdiction of appeals from final orders of the minor judiciary established within the judicial district.
§ 933. Appeals from government agencies.
(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each court of common pleas shall have jurisdiction of appeals from final orders of government agencies in the following cases:
(1) Appeals from Commonwealth agencies in the following cases:
(i) Determinations of the Department of Health in connection with any matters concerning birth records. Except as prescribed by general rules, the venue of such matters shall be as provided in 20 Pa.C.S. § 711(9) (relating to birth records) and 20 Pa.C.S. § 713 (relating to special provisions for Philadelphia County).
(ii) Determinations of the Department of Transportation appealable under the following provisions of Title 75 (relating to vehicles):
Section 1377 (relating to judicial review).
Section 1550 (relating to judicial review).
Section 4724(b) (relating to judicial review).
Section 7303(b) (relating to judicial review).
Section 7503(b) (relating to judicial review).
Except as otherwise prescribed by general rules, the venue shall be in the county of the principal place of business of any salvor or messenger service, the location of any inspection station involved, the county where the arrest for a violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) was made in appeals involving the suspension of operating privileges under 75 Pa.C.S. § 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or the residence of any individual appellant where the venue is not otherwise fixed by this sentence. In the case of a nonresident individual venue, except as otherwise prescribed by general rules, shall be in the county in which the offense giving rise to the recall, cancellation, suspension or revocation of operating privileges occurred.
(iii) (Deleted by amendment).
(iv) Determinations of the Workers' Compensation Appeal Board appealable under the act of June 21, 1939 (P.L.566, No.284), known as The Pennsylvania Occupational Disease Act. Except as otherwise prescribed by general rules, the venue of such matters shall be as provided in section 427 of the act.
(v) Determinations of the Pennsylvania Liquor Control Board appealable under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, except matters appealable under section 433, 444 or 710 of the act. Except as otherwise prescribed by general rules, the venue of such matters shall be as provided in the act.
(vi) Determinations of the Department of Revenue reviewable under Article XXI of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, or under any predecessor statute, in connection with the administration of the estate of a decedent. Except as otherwise prescribed by general rules, the venue of such matters shall be in the court having jurisdiction over the administration of the related estate.
(vii) (Deleted by amendment).
(viii) (Deleted by amendment).
(ix) Determinations of the Department of Labor and Industry or the Department of Commerce reviewable under the act of December 15, 1980 (P.L.1203, No.222), known as the Building Energy Conservation Act. Except as otherwise prescribed by general rules, venue shall be in the county where the building is located.
(2) Appeals from government agencies, except Commonwealth agencies, under Subchapter B of Chapter 7 of Title 2 (relating to judicial review of local agency action) or otherwise.
(3) Appeals jurisdiction of which is vested in the courts of common pleas by any statute hereafter enacted.
(b) Awards of arbitrators.--Except as otherwise prescribed by any general rule adopted pursuant to section 503, each court of common pleas shall have jurisdiction of petitions for review of an award of arbitrators appointed in conformity with statute to arbitrate a dispute between a government agency, except a Commonwealth agency, and an employee of such agency. The application shall be deemed an appeal from a government agency for the purposes of section 762(4) (relating to appeals from courts of common pleas) and Chapter 55 (relating to limitation of time).
(c) Concurrent and exclusive jurisdiction.--Except as otherwise provided by statute or prescribed by general rule adopted pursuant to section 503:
(1) The jurisdiction of a court of common pleas of a judicial district under this section shall be exclusive as to a government agency which has jurisdiction only within such judicial district, and shall be concurrent with the courts of common pleas of all judicial districts in which the government agency has jurisdiction where such agency has jurisdiction in more than one judicial district.
(2) Whenever proceedings are commenced in two or more courts with respect to the same determination of a government agency, exclusive jurisdiction shall be vested in the court having jurisdiction in which such proceedings are first commenced.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 5, 1998, P.L.451, No.63, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; July 4, 2008, P.L.286, No.35, eff. July 1, 2008)
2008 Amendment. Act 35 deleted subsec. (a)(1)(vii). Section 2 of Act 35 provided that each court of common pleas shall retain jurisdiction over appeals of cases filed and pending with them prior to the effective date of Act 35.
2003 Amendment. Act 24 amended subsec. (a)(1)(ii).
1998 Amendment. Act 63 amended subsec. (a).
1978 Amendment. Act 53 added present section 933 and repealed former section 933 relating to the same subject matter.
Transfer of Records. Section 6 of Act 189 of 1980 provided that the Prothonotary of the Commonwealth Court shall, except as otherwise ordered by the court in the interest of justice, transfer to the appropriate office of the clerk of the court of common pleas all dockets, records, pleadings and other papers, or certified copies thereof, relating to all pending matters jurisdiction of which is vested in another tribunal by reason of 42 Pa.C.S. § 761(a)(1)(iv) or 933(a)(1)(v) as added or amended by Act 189.
References in Text. The Department of Commerce, referred to in subsec. (a)(1)(ix), was renamed the Department of Community and Economic Development by Act 58 of 1996.
Section 7503 of Title 75, referred to in subsec. (a)(1)(ii), was deleted by amendment.
The act of December 15, 1980 (P.L.1203, No.222), known as the Building Energy Conservation Act, referred to in subsec. (a)(1)(ix), was repealed by the act of November 10, 1999 (P.L.491, No.45). The subject matter is now contained in the Pennsylvania Construction Code Act.
Cross References. Section 933 is referred to in sections 762, 763 of this title; sections 501, 561, 581, 701 of Title 2 (Administrative Law and Procedure); section 1506 of Title 4 (Amusements); sections 1553, 1554 of Title 75 (Vehicles).
§ 934. Writs of certiorari.
Unless and until changed by general rule, the judges of the courts of common pleas, within their respective judicial districts, shall have power, in addition to the right of appeal under section 9 of Article V of the Constitution of Pennsylvania, to issue writs of certiorari to the minor judiciary.
Cross References. Section 934 is referred to in section 102 of this title.
SUBCHAPTER D
COURT DIVISIONS
Sec.
951. Court divisions.
952. Status of court divisions.
953. Administrative judges of divisions.
§ 951. Court divisions.
(a) Philadelphia County.--The Court of Common Pleas of Philadelphia County shall have the following divisions:
(1) Trial division.
(2) Orphans' court division.
(3) Family court division.
(b) Allegheny County.--The Court of Common Pleas of Allegheny County shall have the following divisions:
(1) Civil division.
(2) Criminal division.
(3) Orphans' court division.
(4) Family division.
(c) Other separate orphans' court divisions.--The courts of common pleas of Beaver, Berks, Bucks, Cambria, Chester, Dauphin, Delaware, Erie, Fayette, Lackawanna, Lancaster, Lehigh, Luzerne, Montgomery, Schuylkill, Washington, Westmoreland and York counties shall each have a separate orphans' court division.
(d) Judicial districts having no separate orphans' court division.--In each judicial district having no separate orphans' court division, there shall be an orphans' court division composed of the court of common pleas of that judicial district.
(e) Change in size of divisions.--The number of judges constituting a division may be increased or reduced by order of the governing authority.
§ 952. Status of court divisions.
The divisions of a court of common pleas are administrative units composed of those judges of the court responsible for the transaction of specified classes of the business of the court. In a court of common pleas having two or more divisions each division of the court is vested with the full jurisdiction of the whole court, but the business of the court may be allocated among the divisions of the court by or pursuant to general rules.
§ 953. Administrative judges of divisions.
Each division of a court of common pleas shall have an administrative judge who shall assist the president judge of the court in supervising and administering the business of the court and shall be responsible to him.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
SUBCHAPTER E
SECTIONS OF THE STAFF OF THE COURT
Sec.
961. Domestic relations section.
962. Other sections.
Enactment. Subchapter E was added April 28, 1978, P.L.202, No.53, effective in 60 days.
§ 961. Domestic relations section.
Each court of common pleas shall have a domestic relations section, which shall consist of such probation officers and other staff of the court as shall be assigned thereto.
§ 962. Other sections.
Each court of common pleas shall have such other sections as may be provided or prescribed by law.
ARTICLE D
MINOR COURTS
Chapter
11. Community and Municipal Courts
13. Traffic Courts
CHAPTER 11
COMMUNITY AND MUNICIPAL COURTS
Subchapter
A. Community Courts
B. Philadelphia Municipal Court
C. Pittsburgh Magistrates Court
Enactment. Chapter 11 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
SUBCHAPTER A
COMMUNITY COURTS
Sec.
1101. Community courts.
1102. Establishment or discontinuance of community courts.
1103. Powers of community courts.
1104. Seats of courts.
1105. Jurisdiction and venue.
1106. Lien of judgments.
Cross References. Subchapter A is referred to in section 102 of this title.
§ 1101. Community courts.
(a) General rule.--There shall be one community court for each judicial district of this Commonwealth which has elected to establish and which has not elected to discontinue such a court in the manner provided in this subchapter. The community court shall be a court not of record and shall consist of a number of judges determined by dividing the total population of the judicial district as determined by the last officially reported decennial or special Federal census by 75,000. In any judicial district where the aforesaid division results in a remainder greater than 40,000, the judicial district shall be entitled to an additional community court judge. In no event shall any judicial district have less than two community court judges.
(b) Single county districts.--In single county judicial districts the community court of the district shall be known as the "Community Court of (the respective) County."
(c) Multicounty districts.--In multicounty judicial districts the community court of the district shall be known as the "Community Court of the (respective) Judicial District."
§ 1102. Establishment or discontinuance of community courts.
(a) General rule.--The question whether a community court shall be established or discontinued in any judicial district shall be placed upon the ballot in a primary election by petition which shall be in the form prescribed by the officer of the Commonwealth who under law shall have supervision over elections. The petition shall be filed with that officer and shall be signed by a number of electors equal to 5% of the total votes cast for all candidates for the office occupied by a single official for which the highest number of votes was cast in that judicial district at the last preceding general or municipal election. The manner of signing such petitions, the time of circulating them, the affidavits of the persons circulating them and all other details not contained in this subsection shall be governed by the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code." The question shall not be placed upon the ballot in a judicial district more than once in any five-year period. The affirmative vote of a majority of the electors of the judicial district voting thereon shall be sufficient to establish or discontinue a community court for the judicial district.
(b) Establishment.--The community court of a judicial district shall be established on the first Monday of January following the municipal election at which the first judges of the court shall be elected. A court when established shall, in accordance with and subject to Article V of the Constitution of Pennsylvania, supplant all magisterial district judges or the municipal court and the traffic court, as the case may be, within the judicial district, except that in the fifth judicial district a community court shall not supplant the Pittsburgh Magistrates Court. Upon the expiration of the term of any magisterial district judge or judge of the municipal or traffic court, as the case may be, or the abolition of his office in the manner and at such time as is provided by section 3321 (relating to establishment of community courts), in a judicial district in which a community court has been established, the matters then pending and the books, dockets and records thereof shall be transferred to the community court which shall determine and conclude such matters as if it had assumed jurisdiction in the first instance.
(c) Discontinuance.--Where the electors of a judicial district have at a primary election approved the discontinuance of an existing community court within their judicial district such community court and the office of the judges serving thereon shall then be abolished in the manner and at such time as is provided by section 3322 (relating to discontinuance of community courts). Thereafter, the office of magisterial district judge or judge of the municipal or traffic court, as the case may be, shall be established to replace and supplant such community court on the first Monday of January of the even-numbered year next following the odd-numbered year specified in section 1503(b) (relating to discontinuance of community court) and the number and boundaries of magisterial districts, if any, of each class within such judicial district shall be established in the manner provided by section 1503(b).
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsecs. (b) and (c). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 1103. Powers of community courts.
Every judge of a community court shall have all the powers of a judge of the municipal court or traffic court, or of a magisterial district judge, as the case may be.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 1104. Seats of courts.
The regular sessions of each community court shall be held at such location within the judicial district as may be approved by the president judge of the court of common pleas of the judicial district in compliance with general rules.
§ 1105. Jurisdiction and venue.
(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters) each community court shall have the jurisdiction which under law was exercised by the municipal court or traffic court or by magisterial district judges, as the case may be, within the judicial district.
(b) Venue and process.--The venue of a community court concerning matters over which jurisdiction is conferred by subsection (a) shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the judicial district to the extent prescribed by general rule.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 1106. Lien of judgments.
A judgment of a community court shall not operate as a lien on real property until a transcript of the record showing a final judgment in the community court has been filed in the manner prescribed by general rules in the office of the clerk of the court of common pleas of the county where the property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county. After such entry the judgment shall, from the date of such entry, be a lien upon real property to the same extent that judgment recovered in the court of common pleas is a lien. No such transcript shall be filed until after 30 days after the entry of final judgment by the community court. No execution against real estate shall issue out of the community court.
SUBCHAPTER B
PHILADELPHIA MUNICIPAL COURT
Sec.
1121. Philadelphia Municipal Court.
1122. Seat of court.
1123. Jurisdiction and venue.
1124. Lien of judgments.
1125. Substitute arraignment court magistrates.
1126. Masters.
Special Provisions in Appendix. See sections 9(b) and 10 of Act 142 of 1976 in the appendix to this title for special provisions relating to the temporary assignment of judges and jurisdiction.
Cross References. Subchapter B is referred to in section 102 of this title.
§ 1121. Philadelphia Municipal Court.
The Philadelphia Municipal Court shall consist of 25 judges.
(Feb. 14, 1997, P.L.3, No.2)
1997 Amendment. Section 4 of Act 2 provided that the amendment shall take effect on the first Monday of January 1998. Section 3 of Act 2 provided that the first judges elected to those judgeships created under section 1121 shall be elected at the 1999 municipal election.
§ 1122. Seat of court.
The regular sessions of the Philadelphia Municipal Court shall be held at such locations within the first judicial district as may be approved by the president judge of the court in compliance with general rules.
§ 1123. Jurisdiction and venue.
(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), the Philadelphia Municipal Court shall have jurisdiction of the following matters:
(1) Summary offenses, except those within the jurisdiction of the Traffic Court of Philadelphia and those arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed under Chapter 63 (relating to juvenile matters).
(2) Criminal offenses by any person (other than a juvenile) for which no prison term may be imposed or which are punishable by imprisonment for a term of not more than five years, including indictable offenses under Title 75 (relating to vehicles). In cases under this paragraph the defendant shall have no right of trial by jury in the municipal court, but shall have the right of appeal for trial de novo, including the right of trial by jury, to the court of common pleas. The judges of the municipal court exercising jurisdiction under this paragraph shall have the same jurisdiction in probation and parole arising out of sentences imposed by them as judges of the court of common pleas.
(3) Matters arising under the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951. The judges of the Philadelphia Municipal Court shall have the power to enter judgments exceeding $5,000 in matters arising under this subsection. Appeals from a judgment of the municipal court under this subsection shall be to the court of common pleas in accordance with local rules of court established by the administrative judge of the trial division. Those rules shall not be inconsistent with Statewide rules of procedure as established by the Supreme Court.
(4) Civil actions, except actions by or against a Commonwealth party as defined by section 8501 (relating to definitions), wherein the sum demanded does not exceed $12,000, exclusive of interest and costs, in the following classes of actions:
(i) In assumpsit.
(ii) In trespass, including all forms of trespass and trespass on the case.
(iii) For fines and penalties by any government agency.
A plaintiff may waive a portion of his claim of more than $12,000 so as to bring the matter within the monetary jurisdiction of the municipal court. Such waiver shall be revoked automatically if the defendant appeals the final order of the municipal court. In cases under this paragraph the defendant shall have no right of trial by jury in the municipal court, but shall have the right to appeal for trial de novo, including the right of trial by jury, to the court of common pleas, in accordance with local rules of court established by the administrative judge of the trial division. These rules shall not be inconsistent with Statewide rules of procedure as established by the Supreme Court. It is the purpose of this paragraph to establish an expeditious small claims procedure whereby it shall not be necessary for the litigants to obtain counsel. Judgments by confession shall not be entered in the municipal court.
(5) As commissioners to preside at arraignments, fix and accept bail, issue warrants and perform duties of a similar nature, including the jurisdiction of a committing magistrate in all criminal proceedings. In addition to the exercise of the powers by the judges set forth in this paragraph, the Philadelphia Municipal Court, through the president judge and a majority of the judges of the court, shall have the power to appoint for four-year terms six arraignment court magistrates, to administer oaths and affirmations, preside at preliminary arraignments, assign counsel in certain cases, issue criminal complaints, fix bail and issue arrest warrants and search and seizure warrants. The arraignment court magistrates shall be employees of the Commonwealth and they shall receive an annual salary equal to the salary of an associate judge of the Traffic Court of Philadelphia. The method of selection and appointment and removal of arraignment court magistrates and establishing standards of conduct and the rights, responsibilities and authority of the arraignment court magistrates and the procedures for appealing from the decisions of the arraignment court magistrates shall be provided by local rules adopted by the municipal court.
(5.1) In addition to the exercise of the powers by the judges set forth in this section, the President Judge of the Philadelphia Municipal Court may appoint arraignment court magistrates, persons who complete a training program as shall be provided by local rules adopted by the President Judge of the Philadelphia Municipal Court, or attorneys who are in good standing and are admitted to the Pennsylvania Bar as judges pro tempore to accept guilty pleas and impose sentences in accordance with pleas for summary offenses. A judge pro tempore must be an independent contractor hired by the Philadelphia Municipal Court and shall receive such compensation and shall serve at such hours as agreed to between the judge pro tempore and the President Judge of the Philadelphia Municipal Court. The methods of selection, appointment and removal of judges pro tempore and of establishing standards of conduct and the rights, responsibilities and authority of the judges pro tempore and the procedures for appealing decisions of the judges pro tempore shall be provided by local rules adopted by the President Judge of the Philadelphia Municipal Court.
(6) Civil actions wherein the sum demanded does not exceed $15,000 in matters involving judgments of real estate taxes and school taxes levied by cities of the first class.
(7) Actions to enjoin any nuisance caused by the operation of a licensee or occurring on licensed premises subject to the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
(8) Any action to enjoin a public nuisance. The action to enjoin may be brought by any person who resides or has a place of business within 500 feet of the location of the alleged nuisance.
(a.1) Appeal from contempt citation or nuisance order.--There shall be a right to appeal to the Superior Court of a contempt citation issued by a municipal court judge, but the appeal shall be limited to a review of the record. There shall be a right of appeal to the Court of Common Pleas of Philadelphia County of an order issued by a municipal court judge in any action under subsection (a)(7) or (8), but the appeal shall be limited to a review of the record.
(b) Concurrent and exclusive jurisdiction.--The jurisdiction of the municipal court under this section shall be concurrent with the Court of Common Pleas of Philadelphia County except with respect to matters specified in subsection (a)(2), as to which the jurisdiction of the municipal court shall be exclusive except as otherwise prescribed by any general rule adopted pursuant to section 503.
(c) Venue and process.--The venue of the municipal court concerning matters over which jurisdiction is conferred by this section shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the City and County of Philadelphia to the extent prescribed by general rule.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Oct. 12, 1984, P.L.959, No.187, eff. 60 days; July 11, 1990, P.L.454, No.111, eff. 60 days; Nov. 29, 1990, P.L.574, No.147, eff. 60 days; Apr. 16, 1992, P.L.146, No.25, eff. imd.; July 9, 1992, P.L.689, No.102, eff. imd.; Dec. 14, 1992, P.L.872, No.140, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.983, No.9, eff. 60 days; Nov. 21, 1995, P.L.619, No.65, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days; Nov. 23, 2010, P.L.1137, No.114, eff. 60 days)
2010 Amendment. Act 114 amended subsec. (a)(4).
2008 Amendment. Act 98 amended subsec. (a)(5) and (5.1). Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98.
2007 Effectuation of Repeal. The Legislative Reference Bureau effectuated the 1992 repeal.
1995 Amendments. Act 9, 1st Sp.Sess., amended subsec. (a)(1) and Act 65 amended subsecs. (a)(3) and (4) and (a.1).
1992 Amendments. Act 25 reenacted subsecs. (a)(8) and (a.1) and Act 140 amended subsec. (a)(3).
1992 Repeal. Act 102 repealed Act 147 of 1990 which amended subsecs. (a)(8) and (a.1). Section 1956 of Title 1 provides: "The repeal of an amendatory statute does not revive the corresponding provision or section of the original statute or of any prior amendment." The text of subsecs. (a)(8) and (a.1) has not been changed to give effect to the repeal.
1991 Unconstitutionality. Act 147 of 1990 was declared unconstitutional by the Supreme Court. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991).
1990 Amendments. Act 111 added subsec. (a)(7) and (8) and Act 147 amended subsecs. (a)(8) and (a.1).
1984 Amendment. Act 187 amended subsec. (a) and added subsec. (a.1).
Special Provisions in Appendix. See section 10 of Act 142 of 1976 in the appendix to this title for special provisions relating to the exercise of jurisdiction under subsec. (a)(2) by the Court of Common Pleas of Philadelphia County.
Cross References. Section 1123 is referred to in section 5105 of this title; section 6102 of Title 23 (Domestic Relations); section 5306 of Title 71 (State Government).
§ 1124. Lien of judgments.
Judgment recovered in the Philadelphia Municipal Court shall be a lien upon property in the same manner and to the same extent that judgment recovered in the Court of Common Pleas of Philadelphia County is a lien. All such judgments shall be indexed in the judgment index or indices of Philadelphia County in the same manner as judgments of the court of common pleas are indexed.
§ 1125. Substitute arraignment court magistrates.
The President Judge of the Philadelphia Municipal Court may appoint qualified attorneys who are court employees to act as substitute arraignment court magistrates during an emergency upon a written finding by the president judge that an emergency exists.
(Apr. 13, 1988, P.L.336, No.47, eff. imd.; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2008 Amendment. Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98.
§ 1126. Masters.
The President Judge of the Philadelphia Municipal Court may appoint attorneys who are members of the Pennsylvania Bar to serve as masters in proceedings under 23 Pa.C.S. Ch. 61 (relating to protection from abuse).
(Dec. 19, 1990, P.L.1240, No.206, eff. 90 days)
1990 Amendment. Act 206 added section 1126.
Cross References. Section 1126 is referred to in section 6102 of Title 23 (Domestic Relations).
SUBCHAPTER C
PITTSBURGH MAGISTRATES COURT
Sec.
1141. Pittsburgh Magistrates Court.
1142. Seat of court.
1143. Jurisdiction and venue.
1144. Lien of judgment.
Salary and Expenses. Section 24(b) of Act 142 of 1976 provided that, notwithstanding any other provisions of Act 142, the salary and expenses of the judges of the Pittsburgh Magistrates Court shall be paid by the City of Pittsburgh.
Cross References. Subchapter C is referred to in section 102 of this title.
§ 1141. Pittsburgh Magistrates Court.
The Pittsburgh Magistrates Court shall be a court not of record and shall consist of such a number of judges, not less than five nor more than eight, as shall be specified by ordinance of the City of Pittsburgh. The magistrates court shall be the police magistrates authorized to be continued in existence by section 21, Schedule to Article V of the Constitution of Pennsylvania adopted April 23, 1968. Judges of the Pittsburgh Magistrates Court shall be deemed magisterial district judges for the purposes of Chapter 33 (relating to discipline, removal and retirement of judicial officers).
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 1142. Seat of court.
The regular sessions of the Pittsburgh Magistrates Court shall be held at such locations within the City of Pittsburgh as may be designated by ordinance of the City of Pittsburgh.
§ 1143. Jurisdiction and venue.
(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters) the Pittsburgh Magistrates Court shall have jurisdiction of all of the following matters:
(1) Criminal complaints accusing any person of the commission of any felony or misdemeanor, where such felony or misdemeanor has been committed within the corporate limits of the City of Pittsburgh, and to issue warrants for the arrest of such person so accused, administer oaths and hold preliminary hearings in all such cases, and commit to jail, or bind over for trial or discharge such accused person, as the evidence produced at such hearing may warrant. The court shall have power to admit to bail as prescribed by general rules.
(2) Arrests upon view, or upon complaint made and warrant issued, by the police of the City of Pittsburgh, of persons who may be found engaged in or be charged with drunkenness, disorderly conduct, selling liquor contrary to law, maintaining a disorderly house or bawdy house, lewd, indecent or lascivious behavior on the streets or elsewhere, gambling, creating riots or disturbances, vagrants, beggars, prostitutes, disturbers of the public peace, known or reputed pickpockets, burglars, thieves, watch stuffers, cheating, swindling, persons who abuse their families, and suspicious persons who can give no reasonable account of themselves, or violating any of the laws or ordinances of such city.
(3) Civil claims for the recovery of fines and penalties imposed by any ordinance of the City of Pittsburgh, or by any ordinance or regulation relating to housing and health administered and enforced by a county health department where a violation takes place in such city, and cases of summary conviction arising under the laws and ordinances of or applicable to such city and under the laws, ordinances, rules and regulations relating to housing and health administered and enforced by a county department of health where a violation takes place in such city, with full power to hear the said cases, administer oaths or affirmations therein, decide the same, enforce the penalty, collect the fine or commit to prison as the case may be according to the provisions of the law and ordinances applicable thereto.
(4) Matters within the jurisdiction of the court when sitting as the Traffic Court of Pittsburgh.
(b) Venue and process.--The venue of the Pittsburgh Magistrates Court concerning matters over which jurisdiction is conferred by subsection (a) shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the City of Pittsburgh to the extent prescribed by general rule.
§ 1144. Lien of judgment.
A judgment of the Pittsburgh Magistrates Court shall not operate as a lien on real property until a transcript of the record showing a final judgment of the Pittsburgh Magistrates Court has been filed in the manner prescribed by general rules in the office of the prothonotary of Allegheny County. After entry of the judgment, the judgment shall, from the date of its entry, be a lien upon real property to the same extent that judgment recovered in the court of common pleas is a lien. No transcript of the record shall be filed until 30 days after the entry of final judgment by the Pittsburgh Magistrates Court. No execution against real estate shall be issued by the Pittsburgh Magistrates Court.
(Dec. 21, 1988, P.L.1862, No.179, eff. 60 days)
1988 Amendment. Act 179 added section 1144. Section 3 of Act 179 provided that section 1144 shall apply to final judgments entered by the Pittsburgh Magistrates Court on or after the effective date of Act 179.
CHAPTER 13
TRAFFIC COURTS
Subchapter
A. General Provisions
B. Traffic Court of Philadelphia
C. Traffic Court of Pittsburgh
D. Optional Traffic Courts
Enactment. Chapter 13 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
Cross References. Chapter 13 is referred to in section 5505 of Title 53 (Municipalities Generally).
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
1301. Seats of traffic courts.
1302. Jurisdiction and venue.
1303. Signatures and dockets.
§ 1301. Seats of traffic courts.
The regular sessions of a traffic court shall be held at such locations within the political subdivision for which the court is established as may be approved in compliance with general rules by the president judge of the court of common pleas of the judicial district embracing such political subdivision.
§ 1302. Jurisdiction and venue.
(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each traffic court shall have jurisdiction of all prosecutions for summary offenses arising under:
(1) Title 75 (relating to vehicles).
(2) Any ordinance of any political subdivision enacted pursuant to Title 75.
(b) Concurrent and exclusive jurisdiction.--The jurisdiction of a traffic court under this section shall be exclusive of the courts of common pleas and magisterial district judges, except that such jurisdiction shall be concurrent with the magisterial district judges whenever the traffic court is closed.
(c) Venue and process.--The venue of a traffic court concerning matters over which jurisdiction is conferred by this section shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the political subdivision for which it is established to the extent prescribed by general rule.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (b). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1978 Amendment. Act 53 amended subsec. (a).
§ 1303. Signatures and dockets.
Facsimile signatures of traffic court judges may be used for all purposes in lieu of their original signatures, except on affidavits for warrants of arrest and on the docket of the traffic court. Traffic court dockets shall contain a record of the disposition of every case and where a fine and costs are imposed shall record the amount of said fine and the amount of costs. The docket shall in all cases, where a summons has been issued, as to each case, be signed by the judge making the disposition or in his name by the clerk of the traffic court.
SUBCHAPTER B
TRAFFIC COURT OF PHILADELPHIA
Sec.
1321. Traffic Court of Philadelphia.
Cross References. Subchapter B is referred to in section 102 of this title.
§ 1321. Traffic Court of Philadelphia.
The Traffic Court of Philadelphia shall be a court not of record and shall consist of seven judges. The court is established for the City and County of Philadelphia.
(Feb. 14, 1997, P.L.3, No.2)
1997 Amendment. Section 4 of Act 2 provided that the amendment shall take effect on the first Monday of January 1998. Section 3 of Act 2 provided that the first judges elected to those judgeships created under section 1321 shall be elected at the 1999 municipal election.
SUBCHAPTER C
TRAFFIC COURT OF PITTSBURGH
Sec.
1331. Traffic Court of Pittsburgh.
1332. Operations of traffic court.
§ 1331. Traffic Court of Pittsburgh.
The Traffic Court of Pittsburgh shall be a court not of record and shall be held by such of the judges of the Pittsburgh Magistrates Court as shall be assigned thereto by the Mayor of the City of Pittsburgh, one of whom shall be designated by the mayor as the presiding magistrate of the traffic court. The court is established for the City of Pittsburgh.
§ 1332. Operations of traffic court.
The presiding magistrate shall preside over and supervise the work of the Traffic Court of Pittsburgh. In the absence of the presiding magistrate designated by the mayor, the judge then temporarily presiding shall have such supervision. The traffic court shall be open for the transaction of business at such times as shall be designated by ordinance of the City of Pittsburgh or prescribed by general rule.
SUBCHAPTER D
OPTIONAL TRAFFIC COURTS
Sec.
1341. Third class city traffic courts authorized.
1342. Operations of optional traffic courts.
Enactment. Subchapter D was added November 26, 1978, P.L.1264, No.301, effective immediately.
§ 1341. Third class city traffic courts authorized.
Any city of the third class may establish by ordinance a traffic court which shall be a court not of record. The court shall be held by such of the magisterial district judges of the city as shall be designated by the president judge of the court of common pleas upon petition by the city. If established, the court shall be for the city so establishing it.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 1342. Operations of optional traffic courts.
The magisterial district judge designated by the president judge shall preside over and supervise the work of the traffic court. The traffic court shall be open for business at such times as shall be designated by city ordinance or prescribed by general rule.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
ARTICLE E
MAGISTERIAL DISTRICT JUDGES
Chapter
15. Magisterial District Judges
Article Heading. The heading of Article E was amended August 11, 2009, P.L.147, No.33, effective in 60 days.
CHAPTER 15
MAGISTERIAL DISTRICT JUDGES
Subchapter
A. Magisterial Districts
B. Magisterial District Judges
Enactment. Chapter 15 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
Chapter Heading. The heading of Chapter 15 was amended August 11, 2009, P.L.147, No.33, effective in 60 days.
SUBCHAPTER A
MAGISTERIAL DISTRICTS
Sec.
1501. Definitions.
1502. Classification of districts.
1503. Reestablishment of districts.
Cross References. Subchapter A is referred to in section 102 of this title.
§ 1501. Definitions.
The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Court." The Supreme Court or the court of common pleas of each judicial district under the direction of the Supreme Court.
"Political subdivision." Any municipality except the City and County of Philadelphia.
"Population." The number of persons residing within a political subdivision or part thereof as determined by the then current Federal decennial or Federal special census.
"Population density." The number of persons residing within a political subdivision or part thereof as determined by dividing such number by the land area expressed in square miles as determined in the official publication of the Bureau of Statistics of the Department of Commerce.
References in Text. The Department of Commerce, referred to in the def. of "population density," was renamed the Department of Community and Economic Development by Act 58 of 1996.
§ 1502. Classification of districts.
(a) Second class counties.--The classes of magisterial districts in judicial districts coextensive with counties of the second class shall be determined as follows:
(1) Magisterial districts of the first class shall have a population density of more than 5,000 persons per square mile and a population of not less than 65,000 persons.
(2) Magisterial districts of the second class shall have a population density of more than 500 persons per square mile and a population of between 22,500 and 65,000 persons.
(3) Magisterial districts of the third class shall have a population density of more than 200 persons per square mile and a population of between 12,000 and 22,500 persons.
(4) Magisterial districts of the fourth class shall have a population density of more than 70 persons per square mile and a population of between 7,500 and 12,000 persons.
(5) Magisterial districts of the fifth class shall have a population density of less than 70 persons per square mile and a population of between 4,000 and 7,500 persons.
(b) Other counties.--The classes of magisterial districts in judicial districts not coextensive with counties of the first class or counties of the second class shall be determined as follows:
(1) Magisterial districts of the first class shall have a population density of more than 1,000 persons per square mile and a population of not less than 15,000 persons.
(2) Magisterial districts of the second class shall have a population density of more than 400 persons per square mile and a population of not less than 4,000 persons.
(3) Magisterial districts of the third class shall have a population density of less than 400 persons per square mile and a population of not less than 4,000 persons.
(4) Magisterial districts of the fourth class shall have a population density of less than 400 persons per square mile and a population of between 2,000 and 4,000 persons. The number of magisterial districts of the fourth class within a judicial district shall not be increased.
§ 1503. Reestablishment of districts.
(a) General rule.--In each year following that in which the Federal decennial census is officially reported as required by Federal law the court shall reestablish the number, boundaries and classes of magisterial districts within each judicial district except:
(1) The first judicial district.
(2) Any judicial district where a community court has been established and not discontinued.
The number, boundaries and classes of magisterial districts within each judicial district may be revised from time to time as required for the efficient administration of justice within each magisterial district.
(b) Discontinuance of community court.--The court upon the discontinuance of a community court shall establish the number, boundaries and classes of magisterial districts within the judicial district embracing such discontinued community court. Such action shall be completed prior to the first Monday of January of the odd-numbered year next following the primary election at which the discontinuance of the community court is approved.
(c) Standards for establishment of magisterial districts.--In the case of a political subdivision containing within its boundaries two or more magisterial districts, the court shall divide the political subdivision into magisterial districts as nearly equal as possible in population and area, and the court may presume that the population density of each part of a political subdivision is the same population density as for the whole political subdivision. The court in establishing the number and boundaries of magisterial districts shall not subdivide political subdivisions unless either:
(1) the political subdivision contains two or more noncontiguous parts; or
(2) the political subdivision contains within its boundaries two or more magisterial districts, in which case wards or other election districts of the political subdivision shall not be subdivided.
(d) Compensation of magisterial district judge.--When a magisterial district is reestablished the compensation of a magisterial district judge serving therein shall not be diminished for any reason during the magisterial district judge's term or during any term to which the magisterial district judge is reelected while serving in such reestablished district.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (d). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1978 Amendment. Act 53 amended subsec. (a).
Cross References. Section 1503 is referred to in sections 1102, 3152 of this title.
SUBCHAPTER B
MAGISTERIAL DISTRICT JUDGES
Sec.
1511. Magisterial district judges.
1512. Seal.
1513. Powers of magisterial district judges.
1514. Offices.
1515. Jurisdiction and venue.
1516. Lien of judgment.
1517. Salary (Repealed).
1518. Philadelphia Municipal Court (Repealed).
1519. Philadelphia Traffic Court (Repealed).
1520. Adjudication alternative program.
1521. Accelerated Rehabilitative Disposition for summary offenders (Repealed).
1522. Notice of summary cases involving juveniles.
1523. Parental or legal guardian attendance required at juvenile hearings.
Subchapter Heading. The heading of Subchapter B was amended November 30, 2004, P.L.1618, No.207, effective in 60 days.
Cross References. Subchapter B is referred to in section 102 of this title.
§ 1511. Magisterial district judges.
There shall be one magisterial district judge in each magisterial district.
(Aug. 11, 2009, P.L.147, No.33, eff. 60 days)
§ 1512. Seal.
Each magisterial district shall have a seal, which shall be in the custody of the magisterial district judge elected or appointed for such district. The official acts of the magisterial district judge shall be authenticated therewith. There shall be engraved on the seal such inscription as may be specified by general rule. A facsimile or preprinted seal may be used for all purposes in lieu of the original seal.
(June 28, 2002, P.L.518, No.86, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 1513. Powers of magisterial district judges.
Every magisterial district judge shall have power to issue every lawful process to or to be served or enforced by system and related personnel and to make such lawful orders as his official business may require. A magisterial district judge may take affidavits and acknowledgments outside his magisterial district but within this Commonwealth.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 1514. Offices.
The governing body of the county shall establish an office or offices for each magisterial district judge at such locations within the county as may be approved by the president judge of the court of common pleas of the judicial district in compliance with general rules.
(Apr. 28, 1978, P.L.202, No.53, eff 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 1515. Jurisdiction and venue.
(a) Jurisdiction.--Except as otherwise prescribed by general rule adopted pursuant to section 503 (relating to reassignment of matters), magisterial district judges shall, under procedures prescribed by general rule, have jurisdiction of all of the following matters:
(1) Summary offenses, except those arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed under Chapter 63 (relating to juvenile matters).
(2) Matters arising under the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, which are stated therein to be within the jurisdiction of a magisterial district judge.
(3) Civil claims, except claims against a Commonwealth party as defined by section 8501 (relating to definitions), wherein the sum demanded does not exceed $12,000, exclusive of interest and costs, in the following classes of actions:
(i) In assumpsit, except cases of real contract where the title to real estate may be in question.
(ii) In trespass, including all forms of trespass and trespass on the case.
(iii) For fines and penalties by any government agency.
A plaintiff may waive a portion of his claim of more than $12,000 so as to bring the matter within the monetary jurisdiction of a magisterial district judge. Such waiver shall be revoked automatically if the defendant appeals the final order of the magisterial district judge or when the judgment is set aside upon certiorari.
(4) As commissioners to preside at arraignments, fix and accept bail, except for offenses under 18 Pa.C.S. §§ 2502 (relating to murder) and 2503 (relating to voluntary manslaughter) for which the fixing and accepting of bail shall be performed by any judge of any court of common pleas, and to issue warrants and perform duties of a similar nature, including the jurisdiction of a committing magistrate in all criminal proceedings.
(5) Offenses under 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance), if the following criteria are met:
(i) The offense is the first offense by the defendant under such provision in this Commonwealth.
(ii) No personal injury (other than to the defendant) resulted from the offense.
(iii) The defendant pleads guilty.
(iv) No property damage in excess of $500 other than to the defendant's property resulted from the violation.
(v) The defendant is not subject to the provisions of Chapter 63 (relating to juvenile matters).
(vi) The arresting authority shall cause to be transmitted a copy of the charge of any violation of 75 Pa.C.S. § 3802 to the office of the clerk of the court of common pleas within five days after the preliminary arraignment.
In determining that the above criteria are met the magisterial district judge shall rely on the certification of the arresting authority. Certification that the criteria are met need not be in writing. Within ten days after the disposition, the magisterial district judge shall certify the disposition to the office of the clerk of the court of common pleas in writing.
(5.1) Offenses under 75 Pa.C.S. § 3808 (relating to illegally operating a motor vehicle not equipped with ignition interlock).
(6) (i) Offenses under Title 18 (crimes and offenses), Title 30 (fish) and Title 35 (health and safety) which are classified as misdemeanors of the third degree, if the following criteria are met:
(A) The misdemeanor is not the result of a reduced charge.
(B) Any personal injury or property damage is less than $500.
(C) The defendant pleads guilty.
(D) The defendant is not subject to the provisions of Chapter 63.
(ii) Subparagraph (i) shall not apply to any offense under the following provisions of Title 18:
Section 4303 (relating to concealing death of child born out of wedlock).
Section 4321 (relating to willful separation or nonsupport).
Section 5103 (relating to unlawfully listening into deliberations of jury).
(6.1) All offenses under Title 34 (relating to game).
(7) Matters jurisdiction of which is vested in magisterial district judges by any statute.
(b) Venue and process.--The venue of a magisterial district judge concerning matters over which jurisdiction is conferred by subsection (a) shall be as prescribed by general rule. The process of the magisterial district judge shall extend beyond the territorial limits of the magisterial district to the extent prescribed by general rule.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 20, 1979, P.L.157, No.52, eff. 60 days; Oct. 1, 1981, P.L.282, No.95, eff. imd.; Dec. 13, 1982, P.L.1141, No.260, eff. Jan. 1, 1983; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Dec. 19, 1984, P.L.1089, No.218, eff. imd.; July 8, 1986, P.L.442, No.93, eff. July 1, 1987; Dec. 18, 1992, P.L.1269, No.167, eff. imd.; Mar. 31, 1995, 1st Sp.Sess., P.L.983, No.9, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 29, 2004, P.L.1369, No.177, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days; Nov. 23, 2010, P.L.1137, No.114, eff. 60 days)
2010 Amendment. Act 114 amended subsec. (a).
2004 Amendments. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1985 Partial Repeal. Section 3 of Act 60 of 1985 provided that subsec. (a)(5)(iii) and (6)(i)(C) is repealed insofar as it is inconsistent with Act 60.
References in Text. Section 4321 of Title 18 (Crimes and Offenses), referred to in subsec. (a)(6)(ii), is repealed.
Cross References. Section 1515 is referred to in sections 1522, 9702 of this title; sections 103, 1106, 6310.4 of Title 18 (Crimes and Offenses); sections 102, 1619 of Title 75 (Vehicles).
§ 1516. Lien of judgment.
A judgment of a magisterial district judge shall not operate as a lien on real property until a transcript of the record showing a final judgment of a magisterial district judge has been filed in the manner prescribed by general rules in the office of the clerk of the court of common pleas of the county where the property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county. After such entry the judgment shall, from the date of such entry, be a lien upon real property to the same extent that judgment recovered in the court of common pleas is a lien. No such transcript shall be filed until after 30 days after the entry of final judgment by the magisterial district judge. No execution against real estate shall be issued by a magisterial district judge.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 482, as amended June 30, 1982, provided that section 1516 shall not be deemed suspended or affected. Rules 401 through 482 relate to execution of judgments for the payment of money rendered by district justices. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 482 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.
§ 1517. Salary (Repealed).
1987 Repeal. Section 1517 was repealed July 3, 1987, P.L.193, No.28, effective immediately.
§ 1518. Philadelphia Municipal Court (Repealed).
1987 Repeal. Section 1518 was repealed July 3, 1987, P.L.193, No.28, effective immediately.
§ 1519. Philadelphia Traffic Court (Repealed).
1987 Repeal. Section 1519 was repealed July 3, 1987, P.L.193, No.28, effective immediately.
§ 1520. Adjudication alternative program.
(a) General rule.--Except for cases charging offenses under Titles 75 (relating to vehicles) and 34 (relating to game), the magisterial district judge may, upon hearing the facts of a case, admit to an appropriate adjudication alternative authorized by this section persons charged with summary offenses. The defendant shall not be required to plead guilty to be accepted by the magisterial district judge into the program. Acceptance of participation in an alternative authorized by this section shall be considered a first conviction for the purpose of computing whether a subsequent conviction of an offense shall be considered a second or subsequent conviction.
(b) Public service programs and other adjudication alternatives.--A magisterial district judge may, in lieu of making a disposition, place an offender in an appropriate program in which a public service or charitable agency or organization or political subdivision agrees to assume supervisory responsibility for the offender. The program in general shall be approved by the court of common pleas having supervision over that magisterial district. This program may include work, counseling, public service, job training, education or other appropriate community service or self-improvement. The placement authorized by the magisterial district judge shall be appropriate to the offense charged and in the best interests of the community and the offender. The conditions of the program may include the imposition of costs and restitution, the imposition of a reasonable charge relating to the expense of administering the program and any other conditions agreed to by the offender.
(c) Completion of program.--The magisterial district judge shall provide written notice to the public service or charitable agency or organization or political subdivision of the placement of the offender. Upon notification, the public service or charitable agency or organization or political subdivision shall, as a condition to agreeing to accept responsibility for supervision of the offender, make periodic reports on the fulfillment of the conditions and a final report upon the completion of the appropriate adjudication alternative as required by the supervising magisterial district judge. The magisterial district judge shall dismiss the charges and shall relieve the offender of the obligation to pay any fine or serve any sentence of imprisonment upon the successful completion of the program.
(d) Refusal to accept or complete program.--If the offender refuses to accept the conditions required by the magisterial district judge or fails to complete the program without good cause or violates any condition of the program without good cause, the magisterial district judge shall proceed on the charges as provided by law.
(e) Immunity.--A magisterial district judge and any public service or charitable agency or organization or political subdivision supervising or administering a public service program under this section shall be immune from any civil action for damages brought by a person admitted to this program. Nothing in this section shall be construed to limit or otherwise affect or preclude liability resulting from gross negligence or intentional misconduct. Reckless, willful or wanton misconduct constitutes gross negligence.
(f) Definition.--As used in this section, the term "magisterial district judge" includes a judge of the Pittsburgh Magistrates Court.
(July 1, 1987, P.L.180, No.21, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days)
2009 Amendment. Act 33 amended subsec. (a).
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Prior Provisions. Former section 1520, which related to community public service programs, was added September 27, 1985, P.L.238, No.60, and repealed December 11, 1986, P.L.1521, No.165, effective immediately.
Suspension by Court Rule. Section 1520 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(3), adopted March 1, 2000, insofar as it is inconsistent with Rules 300, 301, 302 and 310 through 320 relating to Accelerated Rehabilitative Disposition.
Cross References. Section 1520 is referred to in sections 6305, 6306.1, 6307, 6308, 6310.3 of Title 18 (Crimes and Offenses); section 925 of Title 34 (Game).
§ 1521. Accelerated Rehabilitative Disposition for summary offenders (Repealed).
1987 Repeal. Section 1521 was repealed July 1, 1987, P.L.180, No.21, effective immediately.
§ 1522. Notice of summary cases involving juveniles.
(a) General rule.--Whenever an individual who is under 18 years of age and is not emancipated is charged with a summary offense for which jurisdiction is vested in a magisterial district judge under section 1515 (relating to jurisdiction and venue), the magisterial district judge shall mail a copy of the citation, or other appropriate written notification, to the parents or legal guardians of the individual at the time of the filing of the citation if the parents or legal guardians have not been previously notified by the police. Where the individual is not residing with a parent or legal guardian, the copy of the citation, or other appropriate written notification, shall be sent to the person with whom the individual resides if a verifiable address is available. In such cases a magisterial district judge shall not accept a plea or schedule a hearing before 72 hours has lapsed from the time of the mailing of the notice as required under this section. Failure to provide notice under this section shall not constitute grounds for dismissal of the summary offense.
(b) Vehicle offenses.--Nothing in this section shall apply to violations of Title 75 (relating to vehicles), except for 75 Pa.C.S. § 1543 (relating to driving while operating privilege is suspended or revoked).
(c) Identification of juveniles.--Pennsylvania State Police and local police shall assist magisterial district judges in complying with the requirements of this section by indicating, through conspicuous notation on citations, that the offense was committed by a juvenile and whether the police have notified the parents or legal guardian.
(Feb. 14, 1990, P.L.59, No.9, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsecs. (a) and (c). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1990 Amendment. Act 9 added section 1522.
§ 1523. Parental or legal guardian attendance required at juvenile hearings.
(a) Order to attend.--In summary proceedings before a magisterial district judge or judge of the minor judiciary involving any individual who is under 18 years of age and is not emancipated, the magisterial district judge or judge of the minor judiciary may, when the magisterial district judge or judge of the minor judiciary determines that it is in the best interest of the child, issue an order specifically requiring the parent or legal guardian or other person with whom the child resides, if other than the parent or guardian, to be present and ready to participate in the proceedings with the juvenile. No later than ten days before such proceedings, the magisterial district judge or judge of the minor judiciary shall send a notice of the order to the parent or legal guardian or person with whom the child resides if other than the parent or guardian. Nothing in this subsection shall be construed to vest in either the individual who is under 18 years of age and is not emancipated to require participation under this subsection or the parent, legal guardian or other person with whom such individual resides the right to participate under this subsection.
(b) Contempt.--A person failing to comply with an order of participation may be found in contempt of court as outlined in section 4137 (relating to contempt powers of magisterial district judges).
(c) Bench warrant.--The magisterial district judge or judge of the minor judiciary shall issue a bench warrant for any parent, guardian or person with whom the child resides, if other than the parent or guardian, who fails to appear at any proceedings. The magisterial district judge or judge of the minor judiciary may waive any fine or other punishment if the person is found to be present and ready to participate in the proceedings with the juvenile after a bench warrant is issued.
(Nov. 17, 1995, 1st Sp.Sess., P.L.1127, No.33, eff. 120 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
ARTICLE F
COURT OF JUDICIAL DISCIPLINE
Chapter
16. Court of Judicial Discipline of Pennsylvania
Enactment. Article F was added July 2, 1993, P.L.395, No.56, effective August 16, 1993.
CHAPTER 16
COURT OF JUDICIAL DISCIPLINE OF PENNSYLVANIA
Sec.
1601. Court of Judicial Discipline.
1602. Composition of court.
1603. Organization and operation.
1604. Powers of Court of Judicial Discipline.
1605. Seat of court.
1606. Official immunity.
Enactment. Chapter 16 was added July 2, 1993, P.L.395, No.56, effective August 16, 1993.
Special Provisions in Appendix. See section 10(b) of Act 56 of 1993 in the appendix to this title for special provisions relating to transfers to new board and court.
§ 1601. Court of Judicial Discipline.
In accordance with section 18 of Article V of the Constitution of Pennsylvania, the Court of Judicial Discipline shall consist of eight persons selected as provided in this chapter.
§ 1602. Composition of court.
(a) General rule.--The Court of Judicial Discipline shall consist of:
(1) Two judges of the Superior Court, the Commonwealth Court or the courts of common pleas in regular active service appointed by the Supreme Court.
(2) A magisterial district judge appointed by the Supreme Court.
(3) A nonlawyer elector appointed by the Supreme Court.
(4) A judge of the Superior Court, the Commonwealth Court or the courts of common pleas in regular active service appointed by the Governor.
(5) Two nonjudge members of the bar of this Commonwealth appointed by the Governor.
(6) One nonlawyer elector appointed by the Governor.
(b) Qualifications.--All members of the court must be residents of this Commonwealth. No more than two of the four members appointed by the Supreme Court may be registered in the same political party. No more than two of the four members appointed by the Governor may be registered in the same political party. Membership of a judge or magisterial district judge shall terminate if the member ceases to hold the judicial position that qualified the member for the appointment. Membership shall terminate if a member attains a position that would have rendered the member ineligible for appointment at the time of the appointment. No member may serve more than four consecutive years but may be reappointed after a lapse of one year.
(c) Terms of office.--The members of the court shall serve for terms of four years, except that the member, rather than the successor of the member, shall continue to participate in any hearing in progress at the end of the term of the member.
(d) Vacancies.--A vacancy shall be filled by the respective appointing authority for the remainder of the term to which the member was appointed in the same manner in which the original appointment occurred.
(e) Restrictions on activities of members.--No member, during the member's term of service, may hold office in a political party or political organization. Except for a judicial member, no member of the court, during the term of service of the member, may hold a compensated public office or public appointment. The court shall prescribe general rules governing the conduct of members. A member may be removed by the court for a violation of the rules of conduct prescribed by the court.
(f) Expenses.--All members shall be reimbursed for expenses necessarily incurred in the discharge of their official duties.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsecs. (a) and (b). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Special Provisions in Appendix. See section 12 of Act 56 of 1993 in the appendix to this title for special provisions relating to terms of initial members of Court of Judicial Discipline.
§ 1603. Organization and operation.
The Court of Judicial Discipline shall appoint staff and prepare and administer its own budget as provided by law and undertake actions needed to ensure its efficient operation. All actions of the court, including disciplinary action, shall require approval by a majority vote of the members of the court. The budget request of the court shall be made as a separate item in the request by the Supreme Court on behalf of the Judicial Branch to the General Assembly.
§ 1604. Powers of Court of Judicial Discipline.
The Court of Judicial Discipline shall be a court of record with all the attendant duties and powers appropriate to its function as provided by section 18 of Article V of the Constitution of Pennsylvania. The court shall comply with the procedures set forth in section 18 of Article V.
§ 1605. Seat of court.
The regular sessions of the Court of Judicial Discipline shall be held at the seat of government and elsewhere as provided by rule of court.
§ 1606. Official immunity.
Members of the Court of Judicial Discipline and the staff of the court shall be absolutely immune from suit for all conduct in the course of their official duties, and no civil action or disciplinary complaint predicated on testimony before the court may be maintained against any witness or counsel.
SUBPART B
OTHER STRUCTURAL PROVISIONS
Chapter
17. Governance of the System
18. Compensation (Repealed)
19. Administrative Office of Pennsylvania Courts
21. Judicial Boards and Commissions
23. Personnel of the System
25. Representation of Litigants
27. Office of the Clerk of the Court of Common Pleas
29. Officers Serving Process and Enforcing Orders
CHAPTER 17
GOVERNANCE OF THE SYSTEM
Subchapter
A. General Provisions
B. Specific Powers of the Governing Authority of the System
C. Compensation
Enactment. Chapter 17 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
Cross References. Chapter 17 is referred to in section 924 of Title 30 (Fish); section 6010 of Title 51 (Military Affairs); section 6306 of Title 75 (Vehicles).
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
1701. General supervisory and administrative authority of the Supreme Court.
1702. Rule making procedures.
1703. Meeting procedures.
§ 1701. General supervisory and administrative authority of the Supreme Court.
The Supreme Court shall exercise general supervisory and administrative authority over the unified judicial system and in aid thereof shall have the powers specified in Subchapter B (relating to specific powers of the governing authority of the system).
§ 1702. Rule making procedures.
(a) General rule.--Subject to the provisions of subsection (b), the Supreme Court and all agencies or units of the unified judicial system when exercising the power to adopt general rules or other orders in the nature of regulations pursuant to the authority of the Supreme Court under section 1721 (relating to delegation of powers) shall be an agency within the meaning of the act of July 31, 1968 (P.L.769, No.240), known as the "Commonwealth Documents Law," and shall be subject to all of the provisions of such act except section 205 (relating to approval as to legality). All such general rules and orders shall be published pursuant to Part II of Title 45 (relating to publication and effectiveness of Commonwealth Documents).
(b) Scope.--The provisions of subsection (a) shall apply only to a rule or order adopted pursuant to the following provisions of this title or which is otherwise based in whole or in part upon authority conferred by any provision of this title or by other statutory authority:
Section 503 (relating to reassignment of matters).
Section 1722(b) (relating to enforcement and effect of orders and process).
Section 1722(c) (relating to time limitations).
Section 1725 (relating to establishment of fees and charges).
Section 1726 (relating to establishment of taxable costs).
Section 1728 (relating to recognition of related organizations).
The provisions of subsection (a) shall also apply to other rules and orders to the extent prescribed by general rule.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsec. (a).
§ 1703. Meeting procedures.
The Supreme Court and all other agencies and units of the unified judicial system when exercising the powers to recommend or adopt general rules or other orders in the nature of regulations shall be an agency within the meaning of the act of July 19, 1974 (P.L.486, No.175), referred to as the Public Agency Open Meeting Law.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 added section 1703.
Constitutionality. Section 1703 was declared unconstitutional on November 14, 1978, by the Supreme Court of Pennsylvania in a letter to the Governor and the General Assembly. See In re 42 Pa.C.S. § 1703, 482 Pa. 522, 394 A.2d 444.
References in Text. The act of July 19, 1974 (P.L.486, No.175), referred to as the Public Agency Open Meeting Law, referred to in this section, was repealed by the act of July 3, 1986 (P.L.388, No.84), known as the Sunshine Act. The Sunshine Act was repealed by the act of October 15, 1998, (P.L.729, No.93). The subject matter is now contained in Chapter 7 of Title 65 (relating to open meetings).
SUBCHAPTER B
SPECIFIC POWERS OF THE GOVERNING
AUTHORITY OF THE SYSTEM
Sec.
1721. Delegation of powers.
1722. Adoption of administrative and procedural rules.
1723. General supervisory and administrative authority.
1724. Personnel of the system.
1725. Establishment of fees and charges.
1725.1. Costs.
1725.2. Assumption of summary conviction costs by county.
1725.3. Criminal laboratory user fee.
1725.4. Fee increases and automation fee.
1725.5. Booking center fee.
1725.6. Countywide booking center plan.
1726. Establishment of taxable costs.
1726.1. Forensic examination costs for sexual offenses.
1726.2. Criminal prosecutions involving domestic violence.
1727. Budget and financial matters.
1728. Recognition of related organizations.
1729. Conferences and institutes.
1730. Boards, councils, commissions and committees.
Cross References. Subchapter B is referred to in section 1701 of this title.
§ 1721. Delegation of powers.
(a) General rule.--The Supreme Court may from time to time delegate to any agency or unit of the unified judicial system such of the supervisory and administrative powers of the court, including the powers specified in this subchapter, as may be specified by general rule.
(b) Exception.--Any power based in whole or in part upon authority conferred by any provision of this title or other statutory authority shall not be delegated by the Supreme Court to any agency or unit other than:
(1) A Statewide council which meets the requirements of section 3529(d) (relating to definition).
(2) The Court Administrator of Pennsylvania.
(3) Any other government unit within the system created by the Constitution of Pennsylvania or by statute. A body created pursuant to section 1730 (relating to boards, councils, commissions and committees), other than the council specified by paragraph (1), shall not be deemed to be created by statute for the purposes of this paragraph.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
Cross References. Section 1721 is referred to in sections 102, 1702 of this title; section 1122 of Title 16 (Counties).
§ 1722. Adoption of administrative and procedural rules.
(a) General rule.--The governing authority shall have the power to prescribe and modify general rules governing:
(1) Practice, procedure and the conduct of all courts, magisterial district judges and all officers serving process or enforcing orders of any court or magisterial district judge and for admission to the bar and to practice law, and the administration of all courts and the supervision of all officers of the judicial branch, if such rules are consistent with the Constitution of Pennsylvania and neither abridge, enlarge nor modify the substantive rights of any litigant, nor affect the right of the General Assembly to determine the jurisdiction of any court or magisterial district judge, nor suspend nor alter any statute of limitation or repose. All statutes shall be suspended to the extent that they are inconsistent with rules prescribed under this paragraph.
(2) The prescription of canons of ethics applicable to judges and magisterial district judges and the prescription of rules or canons applicable to the activities of all other personnel of the system.
(3) Procedure under section 18 of Article V of the Constitution of Pennsylvania.
(4) Procedure under section 18 of Article V of the Constitution of Pennsylvania for the suspension, removal, discipline and compulsory retirement of magisterial district judges.
(5) Any matter which is specifically authorized by statute to be governed by general rules.
A governing authority other than the Supreme Court shall not have power to prescribe general rules for assignment or reassignment of classes of matters among the several courts and magisterial district judges under section 503 (relating to reassignment of matters) or otherwise.
(b) Enforcement and effect of orders and process.--To the extent, if any, that such powers shall not be conferred by the provisions of subsection (a)(1) and (5), the governing authority shall have power to prescribe and modify general rules, consistent with this title and any other applicable unrepealed statute, governing:
(1) The effect of judgments and other orders of, and the right to and effect of attachments and other process issuing out of, a tribunal, and the manner of the enforcement of any thereof, including the time during which and the property with respect to which they shall be a lien, the relative priority of liens and other claims, stays of execution which may or shall be granted, satisfaction of judgments and dissolution of attachments, and all other matters relating to judgments and other orders and attachments and other process which have been regulated heretofore by statute.
(2) The powers and duties of system and related personnel serving process or enforcing orders, insofar as such powers and duties relate to the custody of and the judicial sale or other disposition of property of judgment debtors and other property within the jurisdiction of a tribunal. Any such system or related personnel who shall comply with the provisions of such rules shall be free from all liability to any person with respect to action in pursuance of such rules.
A statute shall be repealed for the purposes of this subsection only if it has been expressly repealed absolutely or insofar as inconsistent with general rules prescribed pursuant to this subsection.
(c) Time limitations.--The governing authority shall have power to prescribe and modify general rules:
(1) On any subject covered by Subchapter D of Chapter 55 (relating to appeals).
(2) Specifying the time within which a matter must be commenced under section 708 (relating to improvident administrative appeals and other matters) or otherwise objecting to a determination of a government unit.
The provisions of Chapter 55 (relating to limitation of time) and all other statutes shall be suspended to the extent that they are inconsistent with rules prescribed under this subsection. The intention of this subsection is to authorize the governing authority to develop and maintain uniformity in time periods within the scope of this subsection by eliminating statutory time limitations which are inconsistent with the general pattern of similar time limitations then in effect.
(July 20, 1979, P.L.157, No.52, eff. 60 days; July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Loan Interest and Protection Law. Section 11 of Act 142 of 1976 provided that nothing in section 1722(b) of this title or in any other provision of Act 142 shall in any way repeal, modify or otherwise affect the act of January 30, 1974 (P.L.13, No.6), referred to as the Loan Interest and Protection Law.
Cross References. Section 1722 is referred to in sections 1702, 4302, 4303, 5504, 5573 of this title.
§ 1723. General supervisory and administrative authority.
The governing authority shall exercise general supervisory and administrative authority over all courts and magisterial district judges.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 1724. Personnel of the system.
(a) General rule.--Except as provided in subsection (b), the governing authority shall exercise general supervisory and administrative authority over the personnel of the system, including the power to:
(1) Standardize the qualifications for employment, and all titles, salaries and wages of appointed personnel of the system. In establishing such standards the governing authority may:
(i) Take into consideration the location of the work and the conditions under which the service is rendered.
(ii) Establish different standards for different kinds, grades and classes of similar work or service.
(iii) Adopt by reference in whole or in part the then current regulations of the Executive Board promulgated under section 709(a) of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," and the related personnel rules.
(2) Approve or disapprove the establishment of sections, bureaus, offices and other administrative units within the system, to investigate duplication of work of the several administrative units within the system and offices employing related personnel and the efficiency of the organization and administration thereof, and to adopt measures applicable to personnel of the system for the better coordination of the work of the unified judicial system and other government units.
(3) Approve or disapprove the number and grade of authorized positions within the personnel of the system, except such positions the compensation of which is fixed by statute.
(4) Approve or disapprove, in like manner as the Executive Board, the payment of extra compensation to personnel of the system who are employed at fixed compensation.
(5) Determine, from time to time, the hours when the office of the clerk and the administrative and central offices of the system shall open and close.
(6) Approve or disapprove extensions of leaves of absence, with pay, for personnel of the system.
(7) Promulgate rules and regulations defining the expenses for which the personnel of the system and members of advisory committees may be reimbursed.
(8) Approve or disapprove recommendations for the bonding of the personnel of the system, to fix the amounts of the bonds of all such personnel required to give such bond, and to require any bond to be executed by a surety.
(9) Approve or disapprove the establishment of offices by any administrative unit within the personnel of the system at any place other than the facilities specified in section 3701 (relating to Pennsylvania Judicial Center) and section 3721 (relating to county judicial center).
(10) Regulate the employment of and the charges made by official court reporters for transcript and similar services when such official court reporters are employed by the unified judicial system.
(b) Exception.--Nothing in subsection (a) shall apply to county staff or shall affect the existing powers of the salary boards of the several counties of this Commonwealth.
Cross References. Section 1724 is referred to in sections 1905, 2123 of this title.
§ 1725. Establishment of fees and charges.
(a) General rule.--(Repealed).
(b) Procedure.--(Repealed).
(c) Counties of the first class.--
(1) The following fees shall be received by the clerks of orphans' courts of counties of the first class:
(i) The following fees shall be charged for the filing of accounts of guardians and trustees based upon the size of the estate:
|
Estate not exceeding $1,000 ............... |
$14.00 |
|
Each additional $1,000 or fraction thereof over $1,000, but not exceeding $10,000 ........ |
7.00 |
|
Over $10,000, but not exceeding $25,000 ... |
140.00 |
|
Over $25,000, but not exceeding $100,000 .. |
279.00 |
|
Over $100,000, but not exceeding $500,000 . |
419.00 |
|
Over $500,000, but not exceeding $1,000,000 |
559.00 |
|
Each additional $500,000 or fraction thereof over $1,000,000 ....................... |
300.00 |
(ii) The following fees shall be charged for the indicated activity or function:
|
Affidavit ................................. |
$3.00 |
|
Appeal to Supreme Court ................... |
35.00 |
|
Attachment ................................ |
3.00 |
|
Auditor's report .......................... |
14.00 |
|
Bond ...................................... |
7.00 |
|
Bond, refunding ........................... |
7.00 |
|
Claim of creditor ......................... |
7.00 |
|
Copy of any record, per page .............. |
3.00 |
|
Disclaimer ................................ |
7.00 |
|
Docket entries, per page .................. |
8.00 |
|
Election to take under or against will .... |
7.00 |
|
Exceptions to adjudication, opinion and decree or master's or auditor's report ........ |
14.00 |
|
Execution of deed by clerk ................ |
14.00 |
|
Excerpt from schedule and certification ... |
7.00 |
|
Exemplification of any record ............. |
7.00 |
|
Exemption, petition for ................... |
7.00 |
|
Family settlement: |
|
|
not exceeding three pages ............. |
25.00 |
|
each additional page .................. |
6.00 |
|
Guardian, appointment of: |
|
|
not exceeding $2,500 .................. |
14.00 |
|
exceeding $2,500 ...................... |
35.00 |
|
Inventory, guardian's ..................... |
3.00 |
|
Marriage license .......................... |
5.00 |
|
(Plus $10.00 surcharge for Commonwealth of Pennsylvania) |
|
|
Consent of parent or guardian ............. |
3.00 |
|
Appointment of temporary guardian ......... |
3.00 |
|
Master's report ........................... |
13.00 |
|
Petition and decree ....................... |
14.00 |
|
Petition and decree for citation .......... |
28.00 |
|
Pleading (other than petition): |
|
|
answer to preliminary objections or exceptions ................................ |
7.00 |
|
Preliminary objections .................... |
14.00 |
|
Satisfaction of award, each ............... |
3.00 |
|
Short certificate ......................... |
3.00 |
|
Stipulation ............................... |
14.00 |
|
Subpoena .................................. |
3.00 |
(iii) The clerk of orphans' courts of counties of the first class are authorized to establish fees for services required by statute or rule of court which are not specifically provided for in this paragraph. Any such additional fees shall be the same as those imposed for similar services. The clerks shall not be required to perform any service until the requisite fee is paid.
(2) The fees to be received by the Prothonotary on behalf of the Trial Division and as Clerk of the Family Division of the Court of Common Pleas in counties of the first class shall be as follows:
(i) Appeals:
|
The filing of an appeal to the Supreme, Superior or the Commonwealth Court, including all services .................... |
$161.00 |
|
The filing of any other appeal, including, but not limited to, an appeal from an award in compulsory arbitration, an appeal from administrative agencies, petition for a writ of certiori, appeals from the Municipal Court, appeals from the Board of View and the Board of Revision of Taxes ..................................... |
86.00 |
|
(This appeal fee is exclusive of any jury listing fee set forth in this act. This fee does not include the costs of compensation of arbitrators. (See Pa.R.C.P. No.1308)) |
|
|
(ii) Certifications: |
|
|
Any certification or certificate ...... |
$27.00 |
|
Any exemplification ................... |
54.00 |
|
If the same involves more than one page, for each additional page ............ |
3.00 |
|
(A certificate or certification is defined as the authentication of any record by affixing the seal of the court. Includes letters rogatory and interrogatories to commissioners.) |
|
|
(iii) Commencement of actions: |
|
|
Commencement of any civil action |
172.00 |
|
(Commencement of action includes the institution of any civil action, divorce or adoption action by writ of summons, complaint, petition or report of intent to adopt, the filing of any partnership or association agreements or any billing pursuant to the Bulk Sale Act.) |
|
|
(iv) Automation maintenance fee: |
|
|
Parties - to be paid at time of commencement of action, appeal or defendant's first filing .................. |
$5.00 |
|
Nonparty - providing docket entries for a nonparty per docket entry each .......... |
5.00 |
|
The funds generated by this computer service charge shall be set aside by the prothonotary and remitted monthly to the First Judicial District procurement on behalf of the Court of Common Pleas of the First Judicial District. This fund shall be maintained in a dedicated account which shall be used for the development and implementation of effective and efficient automation within the Office of the Prothonotary as well as civil computer hardware, services and programs in the First Judicial District. |
|
|
(v) Custody: |
|
|
Custody, partial custody or visitation |
$32.00 |
|
Respondent's first responsive filing .. |
16.00 |
|
Other motions and petitions - (See petitions and motions) |
|
|
Thirteen percent of the funds generated by the charge under this subparagraph shall be transmitted by the prothonotary to the Administrative Office to pay for the implementation of section 1904 (relating to availability of criminal charge information in child custody proceedings). |
|
|
(vi) Defendant's first filing: |
|
|
The filing by or on behalf of any defendant (or additional defendant) of an entry of appearance, answer, preliminary objections, writ to join (with entry of appearance) or complaint against additional defendant or any paper not otherwise provided for in this paragraph. A pleading, appearance or other paper not otherwise provided for in this act filed on behalf of more than one defendant shall require only one fee. The filing of separate initial pleadings by a defendant require a separate fee ....................................... |
$86.00 |
|
(vii) Divorce: |
|
|
Commencement of action - (See commencement of actions) |
|
|
Defendant's first filing - (See defendant's first filing) |
|
|
Other petitions and motions - (See petitions and motions) |
|
|
Praecipe to transmit: ................. |
$43.00 |
|
Motion for appointment of permanent master ................................ |
322.00 |
|
(viii) Eminent domain: |
|
|
Commencement of action by declaration of taking or petition for a board of view - (See commencement of actions) |
|
|
(ix) (Deleted by amendment). |
|
|
(x) Judicial education fee ............... |
$1.00 |
|
There shall be added to every commencement of action fee and defendant's first filing fee the additional sum of $1.00 for the purpose of providing funding for the continuing judicial education and training for members of the judiciary of the First Judicial District. The funds generated by this charge shall be set aside by the prothonotary and remitted monthly to the First Judicial District procurement to be maintained in a separate account and used for judicial education and training. |
|
|
(xi) Judgments: |
|
|
Judgment by confession or complaint in confession of judgment (See Pa.R.C.P. Nos.2950-2974) ............................ |
$54.00 |
|
Entry of judgment from other jurisdiction .............................. |
54.00 |
|
(xii) Liens and reimbursement agreements: |
|
|
The filing of any Federal tax lien, Commonwealth and municipal tax liens, mechanics' lien or waiver of mechanics' lien and any other lien not specifically covered under this act .................... |
$21.00 |
|
(Mechanics' lien fee does not include commencement of action fee when complaint is filed.) |
|
|
(xiii) Petitions and motions: |
|
|
The filing of any petition or motion, excluding commencement of action (See commencement of actions) .................. |
$27.00 |
|
(xiv) Name search ........................ |
$38.00 |
|
(xv) Subpoena: |
|
|
Issuance of subpoena as authorized by Pa.R.C.P. No.234.2 ........................ |
$5.00 |
|
Producing a record in response to subpoena based on four-hour service or fraction thereof .......................... |
$43.00 |
|
Service beyond four hours, per hour or fraction thereof .......................... |
11.00 |
|
For each mile traveled (round trip) for service out of county ..................... |
00.365 |
|
(xvi) Trial listing/jury demand .......... |
$161.00 |
|
(xvii) Record retention fee .............. |
$1.00 |
|
A record retention fee shall be added to every motion or petition, excluding a motion or petition which constitutes an initial filing, the additional sum of $1.00 for the purpose of providing funding to establish and maintain a record retention program for the First Judicial District. The funds generated by this charge shall be set aside by the Prothonotary and remitted monthly to the First Judicial District procurement to be maintained in a separate account and used for record retention purposes. |
|
|
(xviii) Prothonotary automation development fee ............................... |
$5.00 |
|
In addition to any other fee authorized by law, an automation fee may be charged and collected by the prothonotary upon initiation of any action or legal proceeding. The automation fee shall be deposited into a special prothonotary automation fund established for and maintained by the First Judicial District of Pennsylvania. Moneys deposited into the special prothonotary automation fund and any interest accrued thereon shall be used solely for the purpose of prothonotary automation, including automation updates. |
|
|
(xix) The prothonotary is authorized, with the approval of the President Judge, to establish fees for services required by statute or general rule which are not specifically provided for in this paragraph. Any fees so established shall be the same as those imposed for similar services. The prothonotary shall not be required to receive any paper or perform any service until the proper fee is paid. |
|
|
(xx) Refunds: |
|
|
There will be no refund of any amount less than $15. The jury fee when paid shall not be refunded. |
|
|
(xxi) (Deleted by amendment). |
|
|
(xxii) Special court administration fee ........................................... |
$5.00 |
|
There shall be added to every commencement of action fee and defendant's first filing fee the additional sum of $5.00 for the purpose of providing funding for the administration of gun and zone courts in the First Judicial District. The funds generated by this charge shall be set aside by the prothonotary and remitted monthly to the First Judicial District special gun and zone court fund. The money in the fund and any interest accrued thereon shall be used solely for the purpose of administration of gun and zone courts. |
|
|
(xxiii) The fees enumerated in this paragraph shall be exclusive of any tax, law library surcharge or any other surcharge or assessment existing or hereafter levied. |
|
(3) The fees to be received by the prothonotary on behalf of the Philadelphia Municipal Court in civil actions shall be as follows:
|
(i) Commencement of civil action $0 to $2,000 ......................................... |
$20.00 |
|
(ii) Commencement of civil actions $2,001 to $12,000...................................... |
$40.00 |
|
(iii) Commencement of landlord and tenant civil actions $0 to $2,000 ..................... |
$20.00 |
|
(iv) Commencement of landlord and tenant actions $2,001 to $10,000 ...................... |
$40.00 |
|
(v) Commencement of landlord and tenant civil actions over $10,000 ..................... |
$60.00 |
|
(vi) Indexing ............................. |
$5.00 |
|
(vii) Writ of possession .................. |
$4.00 |
|
(viii) Motions (petitions) ................ |
$10.00 |
|
(ix) Additional defendant filing shall be same as initial filing |
|
|
(x) Counterclaim shall be same as initial filing |
|
|
(xi) Cross-claim shall be same as initial filing |
|
|
(xii) Setoffs shall be same as initial filing |
|
|
(xiii) Subpoena ........................... |
$3.00 |
|
(xiv) Writ of revival ..................... |
$6.00 |
|
(xv) Record retention fee ................. |
$1.00 |
|
There shall be added to every motion the additional sum of $1 for the purpose of providing funding for establishing and maintaining a record retention program for the First Judicial District. The funds generated by this charge shall be set aside by the prothonotary and remitted monthly to the First Judicial District procurement to be maintained in a separate account and used for record retention purposes. |
|
|
(xvi) Automation fee: |
|
|
(A) Initial pleading in all civil actions and landlord tenant actions ........ |
$5.00 |
|
(B) All civil petitions and motions ... |
$2.00 |
|
The funds generated by this automation fee shall be set aside by the prothonotary and remitted monthly to the First Judicial District. |
|
|
(xvii) The fees enumerated in this paragraph do not cover any costs for services performed by the sheriff or other writ server. Service of initial process shall be $27. All other fees of the sheriff or other writ server shall be in accordance with the sheriff's fee bill applicable to Philadelphia County. |
|
|
(xviii) The commencement of any action or proceeding as well as complaints and all writs shall be exempt from any library fee or taxes. |
|
(4) Beginning on January 1, 2008, and each January 1 thereafter, the prothonotary may, with the approval of the president judge of the applicable court, periodically increase any fee or charge imposed as of the effective date of this paragraph pursuant to paragraphs (2) or (3). However, no such fee or charge may be increased more than once in any three-year period, and the amount of any increase may not be greater than the percentage of increase in the Consumer Price Index for Urban Workers for the immediate three years preceding the last increase in the fee or charge.
(5) The First Judicial District of Pennsylvania may impose a charge for the production of records produced pursuant to a subpoena served on the First Judicial District or its employees as follows:
|
(i) Producing a record in response to a subpoena based on four-hour service or fraction thereof ........................................ |
$43.00 |
|
(ii) Service beyond four hours, per hour or fraction thereof ............................... |
11.00 |
|
(iii) For each mile traveled (round trip) for service out of county ...................... |
00.365 |
|
(6) (i) In counties of the first class, there shall be charged and set apart by the officers receiving the fees fixed under this section an amount equal to 20% of the filing fees at the time in effect for the probate of wills, the issue of letters testamentary, the issue of letters of administration and the filing of accounts with the register of wills, the filing of accounts of trustees and guardians, and of all filings in the office of the prothonotary of the court of common pleas of the county. |
|
|
(ii) The provisions of this paragraph shall not apply to any actions taken or initiated by any political subdivision. |
|
|
(iii) The funds set aside shall be remitted monthly to the First Judicial District and deposited into a family court facility fund, which is to be established and used by the First Judicial District to fund the lease, purchase and maintenance of appropriate family court facilities and for related purposes. |
|
(d) Counties of the second class.--In counties of the second class, the prothonotary and the clerk of the orphans' court division shall set apart from the fees fixed in this subsection or under any other statute and collected by them on the following actions, proceedings and appeals and remit monthly the total collected to the county treasurer for the exclusive use and benefit of the public law library in the county:
(1) The sum of $1 for appeals to the court of common pleas from any administrative agency, independent agency, government unit, government agency or Commonwealth agency.
(2) The sum of $1 for appeals that are filed with or are to be heard by the court of common pleas which appeals are not specifically set forth in paragraph (1), including, but not limited to, appeals from magisterial district judges, the Pittsburgh Magistrates Court and the Traffic Court of Pittsburgh.
(3) The sum of $1 for appointments of Boards of View.
(4) The sum of $1 for certiorari to magisterial district judges and the Pittsburgh Magistrates Court and the Traffic Court of Pittsburgh.
(5) The sum of $1 for the commencement of a civil action or proceeding.
(6) The sum of $1 for the filing of a praecipe for and issuance of a writ of execution or attachment.
(7) The sum of $1 for the entry of a judgment by confession or otherwise.
(8) The sum of $1 for the filing of adversary and amicable scire facias proceedings.
(9) The sum of $1 for every filing with respect to fictitious names, whether individual or corporate.
(10) The sum of $1 for the probate of a will, the issuance of letters of administration or a petition for disposition of decedents estates independent of the issuance of letters testamentary or of administration.
(11) The sum of $1 for the filing of an account of fiduciary in the office of the clerk of the orphans' court division or in the office of the prothonotary.
(12) The sum of $1 for the filing of a petition for a writ of habeas corpus for the custody of a minor child or a petition for the award of custody of a minor child.
(13) The sum of $1 for the filing of a praecipe for the issuance of miscellaneous writs, for the filing of a petition for a citation or for the filing of a caveat not specifically provided for in this subsection.
(e) Counties of the second class A.--In counties of the second class A, the prothonotary, the register of wills and the clerk of the court shall set apart from the fees fixed in this subsection or under any other statute and collected by them on the following actions and proceedings and remit monthly the total collected to the county treasurer for the exclusive use and benefit of the public law library in the county if the county commissioners so request and in the amount they so request:
(1) The sum of not less than $5 nor more than $40 for the commencement of any civil action or proceeding.
(2) The sum of not less than $5 nor more than $40 for the probate of a will, the issuance of letters of administration or any petition for disposition of decedents estates independent of the issuance of letters testamentary or of administration.
(3) The sum of not less than $5 nor more than $40 for each misdemeanor or felony case processed by the clerk of courts.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 14, 1992, P.L.872, No.140, eff. 60 days; Oct. 7, 1996, P.L.691, No.119, eff. 120 days; June 8, 2001, P.L.123, No.18, eff. July 1, 2001; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; July 7, 2006, P.L.378, No.81, eff. 7 days; July 7, 2011, P.L.207, No.30, eff. imd.)
2011 Amendment. Act 30 amended subsec. (c)(3)(ii).
2006 Amendment. Act 81 amended subsec. (c)(2) and added subsec. (c)(3), (4), (5) and (6). Section 5 of Act 81 provided that Act 81 shall apply to all actions instituted on or after the effective date of Act 81.
2004 Amendment. Act 207 amended subsec. (d)(2) and (4). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1992 Amendment. Act 140 repealed subsecs. (a) and (b) and added subsecs. (c), (d) and (e).
Special Provisions in Appendix. See section 24 of Act 176 of 1976 in the appendix to this title for special provisions relating to financial matters.
Cross References. Section 1725 is referred to in sections 1702, 1725.1, 1904, 3542, 3571 of this title.
§ 1725.1. Costs.
(a) Civil cases.--Subject to subsection (f), the costs to be charged by magisterial district judges in every civil case, except as otherwise provided in this section, shall be as follows:
|
(1) Actions involving $500 or less........ |
$30.00 |
|
(2) Actions involving more than $500 but not more than $2,000........................... |
$40.00 |
|
(3) Actions involving more than $2,000 but not more than $4,000........................... |
$50.00 |
|
(4) Actions involving more than $4,000 but not more than $12,000.......................... |
$75.00 |
|
(5) Landlord-tenant actions involving less than $2,000.................................... |
$45.00 |
|
(6) Landlord-tenant actions involving more than $2,000 but not more than $4,000........... |
$55.00 |
|
(7) Landlord-tenant actions involving more than $4,000 but not more than $12,000.......... |
$75.00 |
|
(8) Order of execution.................... |
$22.50 |
|
(9) Objection to levy..................... |
$10.00 |
|
(10) Reinstatement of complaint........... |
$ 5.00 |
Such costs shall include all charges except the costs of a magisterial district judge's transcript of every proceeding on appeal or certiorari (including affidavit and certificate) which shall be $2.50 per transcript. Said costs shall not include, however, the cost of postage and registered mail which shall be borne by the plaintiff.
(a.1) Custody cases.--Except as provided in section 1725(c)(2)(v) (relating to establishment of fees and charges) and subject to subsection (f), in a custody case, the court of common pleas shall, in addition to the cost provided by general rule, assess a cost of $5.00. Eighty percent of the funds generated by the charge under this subsection shall be transmitted by the prothonotary to the Administrative Office to pay for the implementation of section 1904 (relating to availability of criminal charge information in child custody proceedings).
(b) Criminal cases.--Subject to subsection (f), the costs to be charged by the minor judiciary or by the court of common pleas where appropriate in every criminal case, except as otherwise provided in this section, shall be as follows:
|
(1) Summary conviction, except motor vehicle cases.................................. |
$28.50 |
|
(2) Summary conviction, motor vehicles cases, other than paragraph (3)................ |
$22.50 |
|
(3) Summary conviction, motor vehicle cases, hearing demanded........................ |
$27.50 |
|
(4) Misdemeanor........................... |
$32.50 |
|
(5) Felony................................ |
$37.50 |
Such costs shall include all charges including the costs of giving a magisterial district judge's transcript to the prosecutor or defendant, or both, if requested. Such costs shall not include, however, the cost of postage and registered mail which shall be paid by the defendant upon conviction.
(c) Unclassified costs or charges.--Subject to subsection (f), the costs to be charged by the minor judiciary in the following instances not readily classifiable shall be as follows:
|
(1) Entering transcript of judgment from another member of the minor judiciary.......... |
$ 5.00 |
|
(2) Marrying each couple, making record thereof, and certificate to the parties........ |
$25.00 |
|
(3) Granting emergency relief pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from abuse)......................................... |
$10.00 |
|
(4) Issuing a search warrant (except as provided in subsection (d)).................... |
$10.00 |
|
(5) Any other issuance not otherwise provided for in this subsection................ |
$10.00 |
(d) Search warrants.--In every case where a search warrant is requested by a police officer, constable or other peace officer engaged as such in the employ or service of the Commonwealth or any of its political subdivisions, no cost or charge shall be assessed against such officer, the Commonwealth or political subdivision for the issuance of such search warrant.
(e) Fish and boating offenses.--
(1) Except as provided in paragraph (2), any person convicted of a summary offense under Title 30 (relating to fish) shall, in addition to the fine imposed, be sentenced to pay $10 as costs of the issuing authority which costs shall include all charges including, when called for, the costs of postage and registered or certified mail and the costs of giving a transcript to the prosecutor or defendant, or both, if requested.
(2) Where the person charged with a summary offense under Title 30 demands a hearing, the costs of the issuing authority shall be $15, which costs shall include all charges including the charges specified in paragraph (1).
(f) Annual increase in costs.--
(1) Except as provided in paragraph (2), beginning on January 1, 1994, and each January 1 thereafter, the costs under subsections (a), (b) and (c) shall be increased by the percentage of increase in the Consumer Price Index for Urban Workers for the immediate preceding calendar year which shall be published in the Pennsylvania Bulletin annually by the Supreme Court on or before the preceding November 30. This subsection shall expire January 1, 2025.
(2) For the cost increase to be effective for calendar year 2002 only, the costs under subsections (a), (b) and (c) shall be increased by the percentage of increase in the Consumer Price Index for Urban Workers for calendar year 2000 which shall be published by the Supreme Court in the Pennsylvania Bulletin as soon as possible after enactment. The increase for calendar year 2002 only shall be effective one month after publication in the Pennsylvania Bulletin.
(July 20, 1979, P.L.157, No.52, eff. 60 days; July 10, 1980, P.L.513, No.106, eff. imd.; Dec. 13, 1982, P.L.1141, No.260, eff. Jan 1, 1983; Dec. 20, 1982 P.L.1409, No.326, eff. 60 days; Dec. 19, 1990, P.L.1240, No.206, eff. 90 days; Dec. 18, 1992, P.L.1269, No.167, eff. imd.; Oct. 7, 1996, P.L.691, No.119, eff. 120 days; Dec. 17, 2001, P.L.944, No.113, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 27, 2010, P.L.949, No.96, eff. 60 days; July 7, 2011, P.L.207, No.30, eff. imd.)
2011 Amendment. Act 30 amended subsec. (a)(4)and (7).
2010 Amendment. Act 96 reenacted and amended subsec. (f)(1). Section 4(1) of Act 96 provided that the reenactment and amendment of subsec. (f)(1) shall apply to costs imposed on or after the effective date of section 4(1).
2004 Amendment. Act 207 amended subsecs. (a) and (b). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
2001 Amendment. Act 113 reenacted and amended the entire section, retroactive to January 1, 2001.
1992 Amendment. See sections 5 and 6 of Act 167 in the appendix to this title for special provisions relating to increases in court costs and revision of official revenue estimate.
Cross References. Section 1725.1 is referred to in sections 1725.2, 1904, 3571 of this title; section 925 of Title 34 (Game); sections 4309, 4581 of Title 75 (Vehicles).
§ 1725.2. Assumption of summary conviction costs by county.
(a) Division of costs.--In every case of summary conviction in which the evidence is not sufficient to convict and the defendant is dismissed, there shall be no costs imposed if the prosecutor is a police officer engaged as such in the employ of this Commonwealth or of any of its political subdivisions. In all other cases, the costs may be imposed on the prosecutor or by the defendant if so permitted by law.
(b) Costs where default occurs.--In every case of summary conviction in which the defendant is convicted and sentenced to jail in default of the payment of the fine and costs imposed, the costs of prosecution shall be borne by the county.
(c) County of the second class.--In any case before a salaried magistrate where costs are borne by a county of the second class, the costs chargeable to the county shall be one-half of the costs set forth in section 1725.1(b) (relating to costs).
(July 20, 1979, P.L.157, No.52, eff. 60 days)
1979 Amendment. Act 52 added section 1725.2.
Cross References. Section 1725.2 is referred to in section 3571 of this title.
§ 1725.3. Criminal laboratory user fee.
(a) Imposition.--A person who is placed on probation without verdict pursuant to section 17 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or who receives Accelerated Rehabilitative Disposition or who pleads guilty to or nolo contendere to or who is convicted of a crime as defined in 18 Pa.C.S. § 106 (relating to classes of offenses) or 75 Pa.C.S. § 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked) or 3802 (relating to driving under influence of alcohol or controlled substance) or 3735 (relating to homicide by vehicle while driving under influence) or 3735.1 (relating to aggravated assault while driving under the influence) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock) or a violation of The Controlled Substance, Drug, Device and Cosmetic Act shall, in addition to any fines, penalties or costs, in every case where laboratory services were required to prosecute the crime or violation, be sentenced to pay a criminal laboratory user fee which shall include, but not be limited to, the cost of sending a laboratory technician to court proceedings.
(b) Amount of user fee.--
(1) Where the prosecution is conducted in a county of the first class or a county of the second class and the county operates a county laboratory that has provided services in the prosecution, the director or similar officer of the county laboratory shall determine the actual cost of the laboratory services provided in the prosecution and transmit a statement for services rendered to the court. If a county of the first class or a county of the second class does not operate a county laboratory and laboratory services in the prosecution were provided by the Pennsylvania State Police, the fee shall be determined under paragraph (2).
(2) Where the prosecution is conducted in a county other than a county of the first class or a county of the second class and a Pennsylvania State Police laboratory has provided services in the prosecution, the director or similar officer of the Pennsylvania State Police laboratory shall determine the actual cost of the laboratory services provided in the prosecution and transmit a statement for services rendered to the court.
(c) Disposition of fees.--
(1) In a county of the first class or a county of the second class that operates a county laboratory, the criminal laboratory user fee shall be paid to the county and shall be used solely for operation and maintenance of the county laboratory. If a county of the first class or a county of the second class does not operate a county laboratory, the criminal laboratory user fee shall be paid into the Criminal Laboratory User Fee Fund created under paragraph (2).
(2) In a county other than a county of the first class or a county of the second class or where a county of the first class or a county of the second class does not operate a county laboratory, the criminal laboratory user fee shall be paid into a special nonlapsing fund of the State Treasury, which is hereby established and shall be known as the Criminal Laboratory User Fee Fund. Money in the Criminal Laboratory User Fee Fund is hereby appropriated to the Pennsylvania State Police and shall be used solely for operation and maintenance of Pennsylvania State Police criminal laboratories.
(d) Other laws.--The criminal laboratory user fee shall be imposed notwithstanding any other provision of law to the contrary.
(Dec. 14, 1992, P.L.872, No.140; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)
2003 Amendment. Act 24 amended subsec. (a).
1992 Amendment. Act 140 added section 1725.3, effective January 1, 1994, as to subsecs. (b)(2) and (c)(2) and immediately as to the remainder of the section. Section 6 of Act 140 provided that section 1725.3 shall apply to offenses committed on or after the effective date of Act 140.
§ 1725.4. Fee increases and automation fee.
(a) Increasing existing fees.--
(1) In counties of the second class A and the third through eighth class, including home rule counties of the same class, the clerk of courts may increase any fee or charge that exists as of the effective date of this section with the approval of the president judge. The amount of any increase may not be greater than the aggregate of the consumer price index from the month in which the fee was last established through June 1998.
(2) The amount of any fee or charge increased pursuant to paragraph (1) may be increased every three years, provided that the amount of the increase may not be greater than the percentage of increase in the Consumer Price Index for Urban Workers for the immediate three years preceding the last increase in the fee or charge.
(b) Automation fee for clerk of courts office.--In addition to any other fee authorized by law, an automation fee of not more than $5 may be charged and collected by the clerk of courts of counties of the second class A and the third through eighth class, including home rule counties of the same class, for the initiation of any action or legal proceeding. The automation fee shall be deposited into a special clerk of courts automation fund established in each county. Moneys in the special fund shall be used solely for the purpose of automation and continued automation update of the office of the clerk of courts.
(June 22, 2000, P.L.333, No.36, eff. 60 days)
2000 Amendment. Act 36 added section 1725.4.
§ 1725.5. Booking center fee.
(a) Imposition.--Following the adoption of a countywide booking center plan, a person may, in addition to any other fines, penalties or costs imposed by law, be required by the court to pay a booking center fund fee of no more than $300 if the person:
(1) Is placed on probation without verdict pursuant to section 17 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(2) Receives Accelerated Rehabilitative Disposition for, pleads guilty to or nolo contendere to or is convicted of a crime under the following:
(i) 18 Pa.C.S. § 106(a) (relating to classes of offenses).
(ii) 75 Pa.C.S. § 3735 (relating to homicide by vehicle while driving under influence).
(iii) 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance).
(iv) A violation of The Controlled Substance, Drug, Device and Cosmetic Act.
(b) Disposition.--The fee under subsection (a) shall be paid to the county and deposited into a special central or regional booking center fund established in the county. Moneys in the special fund shall be used solely for the implementation of a countywide booking center plan under section 1725.6 (relating to countywide booking center plan) and the start-up, operation or maintenance of a booking center.
(c) Other laws.--The booking center fee shall be imposed notwithstanding any other provision of law to the contrary.
(Sept. 25, 2008, P.L.1026, No.81, eff. 180 days)
2008 Amendment. Act 81 added section 1725.5.
Cross References. Section 1725.5 is referred to in section 1725.6 of this title.
§ 1725.6. Countywide booking center plan.
(a) Development.--
(1) A court in a county that has developed and adopted a countywide booking center plan may impose the fee established under section 1725.5 (relating to booking center fee).
(2) A county with a criminal justice advisory board shall develop the plan in conjunction with the criminal justice advisory board.
(3) A county that does not have a criminal justice advisory board shall develop the plan in conjunction with the district attorney, local police departments and municipalities within the county.
(b) Requirements.--The plan adopted under subsection (a) shall do all of the following:
(1) Ensure coordination and collaboration of all criminal justice agencies within the county.
(2) Comply with all applicable Federal and State technology standards for the collection and transmission of offender identification information.
(3) Make recommendations regarding the number, funding and operations of booking centers within the county. The plan shall prioritize the recommendations.
(c) Submission.--
(1) The plan shall be submitted to the Pennsylvania Commission on Crime and Delinquency for review and certification that the plan complies with the requirements of subsection (b)(2).
(2) The Pennsylvania Commission on Crime and Delinquency shall provide a list of all certified county plans to the Administrative Office of Pennsylvania Courts upon each county's certification. The Pennsylvania Commission on Crime and Delinquency shall update this list and provide it to the Administrative Office of Pennsylvania Courts whenever a county is added or subtracted from the list.
(d) Duties of commission.--The Pennsylvania Commission on Crime and Delinquency shall do all of the following:
(1) Determine and certify if a countywide booking center plan submitted by a county criminal justice advisory board or the county commissioners complies with subsection (b)(2).
(2) Adopt guidelines within 90 days of the effective date of this section relating to technology standards for the collection and transmission of offenders' identification. The guidelines shall be published in the Pennsylvania Bulletin.
(e) Implementation.--Following certification by the Pennsylvania Commission on Crime and Delinquency under subsection (d), the county may appropriate moneys in the special central or regional booking center fund to implement the plan to the greatest extent possible.
(f) Limitation.--No more than 5% of moneys in the special central or regional booking center fund may be appropriated by the county for the county's administrative costs related to the collection of the fee under section 1725.5.
(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Booking center." A facility utilized for the processing and identification of individuals arrested, charged or accused of a crime.
"County criminal justice advisory board." A county criminal justice planning board which meets the minimum standard for those boards established by the Pennsylvania Commission on Crime and Delinquency.
"Countywide booking center plan." A written plan that includes a comprehensive strategy to improve the collection, transfer and maintenance of electronic offender identification information.
(Sept. 25, 2008, P.L.1026, No.81, eff. 180 days)
2008 Amendment. Act 81 added section 1725.6.
Cross References. Section 1725.6 is referred to in section 1725.5 of this title.
§ 1726. Establishment of taxable costs.
(a) Standards for costs.--The governing authority shall prescribe by general rule the standards governing the imposition and taxation of costs, including the items which constitute taxable costs, the litigants who shall bear such costs, and the discretion vested in the courts to modify the amount and responsibility for costs in specific matters. All system and related personnel shall be bound by such general rules. In prescribing such general rules, the governing authority shall be guided by the following considerations, among others:
(1) Attorney's fees are not an item of taxable costs except to the extent authorized by section 2503 (relating to right of participants to receive counsel fees).
(2) The prevailing party should recover his costs from the unsuccessful litigant except where the:
(i) Costs relate to the existence, possession or disposition of a fund and the costs should be borne by the fund.
(ii) Question involved is a public question or where the applicable law is uncertain and the purpose of the litigants is primarily to clarify the law.
(iii) Application of the rule would work substantial injustice.
(3) The imposition of actual costs or a multiple thereof may be used as a penalty for violation of general rules or rules of court.
(b) Private collection agencies.--The governing authority shall have the option of turning over delinquent accounts to private collection agencies which shall be selected through the competitive bidding process.
(Dec. 18, 1992, P.L.1269, No.167, eff. imd.)
Cross References. Section 1726 is referred to in sections 1702, 3542 of this title.
§ 1726.1. Forensic examination costs for sexual offenses.
The cost of a forensic rape examination or other physical examination conducted for the purpose of gathering evidence in any criminal investigation and prosecution under 18 Pa.C.S. Ch. 31 (relating to sexual offenses) and the cost to provide medications prescribed to the victim therein shall not be charged to the victim. If appropriate insurance is unavailable, reimbursement may be sought pursuant to the provisions of section 477.9 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
(Sept. 26, 1995, 1st Sp.Sess., P.L.1056, No.20, eff. 60 days)
1995 Amendment. Act 20, 1st Sp.Sess., added section 1726.1.
References in Text. Section 477.9 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, referred to in this section, was repealed by the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. The subject matter is now contained in Act 111.
§ 1726.2. Criminal prosecutions involving domestic violence.
(a) General rule.--In any criminal prosecution of an offense related to an incident involving domestic violence, of any type or grade, whether the charges were filed by private criminal complaint, by the police or by the district attorney, no fees, costs or fines associated with the filing of the criminal charges, the issuance or service of a warrant, protection order or subpoena and other generated costs shall be charged to the victim.
(b) Definition.--For purposes of this section, an offense related to an incident involving domestic violence shall be defined as any of the offenses or crimes set forth in Title 18 (relating to crimes and offenses), where the alleged perpetrator and victim have one of the relationships set forth in the definition of "family or household member" in 23 Pa.C.S. § 6102 (relating to definitions) or are persons who reside or resided temporarily or permanently in the same dwelling.
(Sept. 26, 1995, 1st Sp.Sess., P.L.1056, No.20, eff. 60 days)
1995 Amendment. Act 20, 1st Sp.Sess., added section 1726.2.
§ 1727. Budget and financial matters.
The governing authority shall have power to:
(1) Review the tentative budget request of the system prepared by the Administrative Office pursuant to section 3522 (relating to preparation of tentative budget request), to make such modifications therein as in its judgment are necessary or desirable, and to approve a final budget request of the system pursuant to Subchapter B of Chapter 35 (relating to Judicial Department budget and finance).
(2) Approve or disapprove requests for the purchase from funds appropriated to the system of goods or services by personnel of the system, including the rental of space, and requests for the construction or modification of Commonwealth facilities to be utilized by the system.
§ 1728. Recognition of related organizations.
(a) General rule.--The governing authority shall have power on application to identify the several conferences or associations which are the most broadly representative of each of the following groups:
(1) Judges of the courts of common pleas, community courts and Philadelphia Municipal Court.
(2) Magisterial district judges.
(3) Members of the bar of this Commonwealth.
If the governing authority shall approve the organic law of the conference or association insofar as it relates to matters affecting the system, the governing authority may by general rule designate the applicant as the recognized conference or association of such group for the purposes of this title and any other provision of law.
(b) Changes in recognition.--The governing authority may transfer recognition from one conference or association of a group to another such conference or association whenever the governing authority shall find that the circumstances warrant such change and shall revoke the designation of any conference or association if it shall find that such conference or association would not be designated a recognized conference or association if then making application therefor.
(c) Expenses.--The governing authority may authorize the payment of the expenses of personnel of the system incident to participation in the work of a recognized conference or association and may make grants for the support of the work thereof.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Cross References. Section 1728 is referred to in section 1702 of this title.
§ 1729. Conferences and institutes.
The governing authority shall have power by general rule or by order to provide for the organization and convening on a regular or special basis of a Judicial Conference of Pennsylvania, institutes and joint councils on sentencing, and such other informational and educational conferences and institutes as the governing authority may find to be necessary or desirable for the prompt, fair and efficient administration of justice, and to require the attendance of such personnel of the system as shall be designated by or pursuant to such general rules or orders. The governing authority may cooperate with other states and the Federal Government in the convening, organization and maintenance of conferences and institutes authorized by this section.
§ 1730. Boards, councils, commissions and committees.
The governing authority shall have power by general rules or by order to establish and discontinue boards, councils, commissions, committees or other bodies composed of personnel of the system and other persons to consider, report or take action on any subject specified in such general rules or order affecting the organization or operation of the unified judicial system and the offices related to and serving the system.
Existing Boards, Etc. See section 14 of Act 142 of 1976 in the appendix to this title for special provisions relating to the continuation of existing judicial boards, commissions and committees.
Cross References. Section 1730 is referred to in section 1721 of this title.
SUBCHAPTER C
COMPENSATION
Sec.
1741. Compensation of judges.
1742. Exclusive jurisdiction of Supreme Court.
Enactment. Subchapter C was added July 13, 2007, P.L.92, No.30, effective immediately.
§ 1741. Compensation of judges.
(a) Base salaries.--Notwithstanding any other provision of law to the contrary:
(1) A person who is elected or appointed to a term as a justice of the Supreme Court, judge of the Superior Court, judge of the Commonwealth Court, judge of a court of common pleas, judge of the Philadelphia Municipal Court, judge of the Philadelphia Traffic Court or magisterial district judge after the effective date of this section shall receive a salary that is equal to the salary payable to persons who held that particular judicial office on the day prior to the effective date of this section, plus $1 and any applicable cost-of-living adjustment or adjustments under subsection (b).
(2) A person who serves a term as a justice of the Supreme Court, judge of the Superior Court, judge of the Commonwealth Court, judge of a court of common pleas, judge of the Philadelphia Municipal Court, judge of the Philadelphia Traffic Court or magisterial district judge on the effective date of this section shall receive a salary that is equal to the salary payable to persons holding that particular judicial office on the day prior to the effective date of this section, plus $1 and any applicable cost-of-living adjustment or adjustments under subsection (b).
(b) Cost-of-living adjustments.--
(1) For the 12-month period beginning January 1, 2008, and each January 1 thereafter, the annual salaries for persons subject to subsection (a)(1) or (2) shall be increased by the percentage change, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and Maryland area for the most recent 12-month period for which figures are officially reported by the United States Department of Labor, Bureau of Labor Statistics, immediately prior to the date the adjustment is due to take effect.
(2) In no event shall deflation result in a negative cost-of-living adjustment to a salary under subsection (a)(1) or (2).
(c) Limitation.--
(1) No justice of the Supreme Court shall receive any annual salary insofar as that salary is based on any increase in the base salary of a circuit court judge of the United States Court of Appeals that occurs after the effective date of this section.
(2) No judge of the Superior Court or Commonwealth Court shall receive any annual salary insofar as that salary is based on any increase in the base salary of a judge of the United States District Court that occurs after the effective date of this section.
(3) No judge of a court of common pleas or Philadelphia Municipal Court, Philadelphia Traffic Court or magisterial district judge shall receive any annual salary insofar as that annual salary is based on any increase in the base salary of a United States magistrate judge that occurs after the effective date of this section.
§ 1742. Exclusive jurisdiction of Supreme Court.
The Pennsylvania Supreme Court shall have exclusive jurisdiction to hear any challenge to or to render a declaratory judgment concerning the constitutionality of this subchapter. The Supreme Court is authorized to take such action as it deems appropriate, consistent with the Supreme Court retaining jurisdiction over such a matter, to find facts or to expedite a final judgment in connection with such a challenge or request for declaratory relief.
CHAPTER 18
COMPENSATION
(Repealed)
2007 Repeal. Chapter 18 (§§ 1801 - 1810) was repealed July 13, 2007, P.L.92, No.30, effective immediately. Similar subject matter is now contained in Subchapter C of Chapter 17.
2005 Repeal. Chapter 18 (§§ 1801 - 1810) was added July 7, 2005, P.L.201, No.44, and repealed November 16, 2005, P.L.385, No.72, effective immediately. The repeal was declared unconstitutional at 905 A.2d 918 (2006).
CHAPTER 19
ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS
Sec.
1901. Court Administrator of Pennsylvania.
1902. Administrative Office of Pennsylvania Courts.
1903. Staff.
1904. Availability of criminal charge information in child custody proceedings.
1905. County-level court administrators.
1906. Senior judge operational support grants.
1907. Deteriorated real property education and training program for judges.
Enactment. Chapter 19 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
§ 1901. Court Administrator of Pennsylvania.
The Supreme Court shall appoint and may remove a Court Administrator of Pennsylvania.
Cross References. Section 1901 is referred to in section 102 of this title; section 101 of Title 2 (Administrative Law and Procedure).
§ 1902. Administrative Office of Pennsylvania Courts.
A reference in any statute to the Administrative Office of Pennsylvania Courts shall be deemed a reference to the Court Administrator of Pennsylvania who shall, either personally, by deputy, by other duly authorized personnel of the system, or by duly authorized agent, exercise the powers and perform the duties by statute vested in and imposed upon the Administrative Office.
Cross References. Section 1902 is referred to in section 102 of this title.
§ 1903. Staff.
The Supreme Court may appoint such subordinate administrators and staff as may be necessary and proper for the prompt and proper disposition of the business of all courts and magisterial district judges.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 1904. Availability of criminal charge information in child custody proceedings.
(a) Establishment of criminal charge information system.--The Administrative Office shall establish and maintain an information system to enable a parent who is a party to a custody proceeding or order to have access to information about the criminal charges filed against the other parent to the custody proceeding or order. The criminal charge information that shall be available for access under this section is limited to the information requested by those parents involved in a custody proceeding or order and for which an application has been filed and verified for access as provided for in this section.
(b) Criminal charges enumerated.--The criminal charge information that shall be available on the information system shall be limited to the offenses listed in 23 Pa.C.S. § 5329(a) (relating to consideration of criminal conviction).
(c) Application for access to criminal charge information.--To obtain information about charges covered in 23 Pa.C.S. § 5329(a), a parent who has been awarded custody or partial custody or who is a party to a custody proceeding must file an application for access to the information with the office of the prothonotary in the county where the proceeding or order was filed.
(1) A person who knowingly gives false information with the intent to gain information provided for under this section commits an offense under 18 Pa.C.S. § 4904(a) (relating to unsworn falsification to authorities).
(2) The application must be filed with the prothonotary by one of the following methods:
(i) In person, at the office of the prothonotary, by the parent who is filing the application. The applicant must have a valid form of photoidentification available for the inspection of the prothonotary.
(ii) By mailing a notarized application using first class mail.
(iii) By including the application with the original complaint, initial response or any other pleading or motion filed with the prothonotary.
(3) The Administrative Office shall develop the application for access to the criminal charge information system. The following information shall be included in the application:
(i) Docket number of original court filing.
(ii) Date of filing.
(iii) Date of birth of all children involved in the custody proceeding or order.
(iv) A personal access code.
(v) A notice to the parent that additional information relating to criminal history record information is available, as provided for in 18 Pa.C.S. Ch. 91 (relating to criminal history record information).
(vi) A statement verifying that:
(A) the person who is filing for access to the criminal charge information system is the actual person listed on the application;
(B) to the best of the applicant's knowledge and belief, all the information included in the application is true and correct; and
(C) the applicant is a party to the custody proceeding or order that is listed on the application.
(vii) A warning as to the penalty under 18 Pa.C.S. § 4904.
(viii) Any additional information that it is determined to be necessary to expedite the verification of the application and to provide access to the system, as determined by the Administrative Office.
(4) Applications shall be made available through county prothonotaries.
(d) Verification of application.--The prothonotary shall verify and transmit the application to the Administrative Office within six business days.
(1) Verification consists of checking court records to determine whether there exists an active custody proceeding or valid custody order remaining in effect.
(2) The Administrative Office shall determine how the application is to be transmitted.
(e) Access.--
(1) Except as provided in this subsection, the charge information system shall be accessible by telephone during regular business hours to parents who have filed a verified application and have been entered into the system. Information relating to the regular business hours of the Administrative Office shall be included with the application.
(2) The Administrative Office may interrupt the system for necessary maintenance, the processing and updating of information and the removal of names upon the termination of a custody order.
(3) Personal access codes shall remain valid until the youngest child involved in the custody proceeding or order reaches the age of 18.
(f) Time for providing access.--The Administrative Office shall provide for access to the criminal charge information system for each qualified individual within one business day of its receipt of the application. Access to the criminal charge information system shall be provided by a telephone service which requires an established fee to be paid by the caller at a cost not to exceed 50¢ per minute.
(g) Funds generated.--Funds transmitted to the Administrative Office under sections 1725(c)(2) (relating to establishment of fees and charges) and 1725.1(a.1) (relating to costs) for the implementation of this section and telephone tolls collected under subsection (f) shall be utilized in the following order of priority:
(1) To annually operate the system under this section.
(2) To build a surplus fund of $50,000 to deal with emergencies and computer upgrading in the operation of the system under this section.
(3) To repay to the General Fund appropriations made to operate the system under this section.
(4) To the General Fund for use under section 2333(b) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
(h) Information available to parent.--
(1) After applying and qualifying to obtain the criminal charge information provided by the system, a parent may request information by telephone as to whether the other parent has been charged with any offense listed in 23 Pa.C.S. § 5329(a).
(2) The parent shall also be entitled to criminal history record information as provided for in 18 Pa.C.S. Ch. 91, and the parent shall be informed of the availability.
(3) Criminal charge information shall be retained on the system for the period of time as provided for the retention of criminal charges and records under 18 Pa.C.S. Ch. 91 and then only until the youngest child involved in the custody proceeding or order reaches 18 years of age. At no time shall information be retained on the system beyond what is permitted under 18 Pa.C.S. Ch. 91.
(i) Information available to counsel and the court.--Information available under this act shall be available to counsel for either parent and to judges who are presiding over custody proceedings involving either parent.
(j) Imposition of cost prohibited.--No cost shall be assessed for applying for or acquiring information under this section, except:
(1) The cost of telephone toll charges shall be assessed.
(2) Costs shall be assessed as provided for in 18 Pa.C.S. Ch. 91.
(k) Disclosure restricted.--The contents of all applications and the inquiries made by all parents shall be confidential and shall only be disclosed as authorized in this section.
(l) Definition.--As used in this section, the term "parent" means a party to a custody proceeding who has been granted custody, partial custody or visitation with a child or who is a party to a custody proceeding.
(Oct. 7, 1996, P.L.691, No.119, eff. 120 days; Nov. 23, 2010, P.L.1106, No.112, eff. 60 days)
2010 Amendment. Act 112 amended subsecs. (b), (c) and (h).
1996 Amendment. Act 119 added section 1904.
Cross References. Section 1904 is referred to in sections 1725, 1725.1 of this title; section 5330 of Title 23 (Domestic Relations).
§ 1905. County-level court administrators.
(a) Transition.--Effective on a date established by the Supreme Court, the offices of district court administrators, deputy court administrators, special courts administrators, associate and assistant court administrators and similar positions as currently designated by the Administrative Office of Pennsylvania Courts upon the advice of the respective president judges of the courts of common pleas shall be included within the State judicial personnel system, and the individuals holding such offices shall be compensated by the Commonwealth through the Administrative Office of Pennsylvania Courts from funds appropriated for such purpose. On the established date, individuals holding such offices shall become State employees, and their status as employees of the respective counties shall cease.
(b) Compensation.--The Administrative Office of Pennsylvania Courts shall establish salaries and other compensation for those individuals entering the State judicial personnel system pursuant to subsection (a).
(c) Compensation plan.--The Administrative Office of Pennsylvania Courts, with the approval of the Supreme Court, shall, consistent with section 1724 (relating to personnel of the system), establish a plan for use on an ongoing basis for compensation of those individuals entering the State judicial personnel system pursuant to subsection (a) and their successors.
(d) Vacancies.--
(1) If a vacancy occurs in an office included in the State judicial personnel system pursuant to subsection (a), the vacancy shall be filled by the president judge or, in districts where there are administrative judges, by the president judge after consultation with the administrative judges.
(2) The Court Administrator of Pennsylvania, with the approval of the Supreme Court, shall establish standards and qualifications for individuals appointed to fill vacancies under paragraph (1).
(e) Reports to appropriations committees.--Consistent with the requirements of section 3531 (relating to budget implementation data), the Court Administrator of Pennsylvania shall make monthly reports to the Chairman and Minority Chairman of the Appropriations Committee of the Senate and the Chairman and Minority Chairman of the Appropriations Committee of the House of Representatives of expenditures for compensation and related expenditures for individuals who are compensated by the Commonwealth pursuant to this section.
(June 22, 1999, P.L.75, No.12, eff. imd.)
1999 Amendment. Act 12 added section 1905. See the preamble and sections 18, 19, 20, 21, 22, 24 and 28 of Act 12 in the appendix to this title for special provisions relating to legislative intent, applicability to county court administrators, required membership in State Employees' Retirement System, membership terms and conditions, notification of transfer and certification of credited service, termination of employment and continuation of contributions in county retirement system, transfer of inactive participants or contributors or employees on leave and nonseverability or invalidation.
Cross References. Section 1905 is referred to in sections 2392, 2397 of this title; sections 5102, 5301, 5302, 5303.1, 5507, 5903, 5906, 5907, 5953.5 of Title 71 (State Government).
§ 1906. Senior judge operational support grants.
(a) Program.--The Court Administrator of Pennsylvania shall create a program to defray the costs imposed on counties by the rules of judicial administration for facilities and staff for senior judges assigned to the courts of common pleas.
(b) Availability.--Grants will be made available to counties based on the level of operational support provided by a county to:
(1) Senior judges formerly of the judicial district in which the county is situated who are regularly or periodically assigned in that county or who are assigned pursuant to section 4544 (relating to convening multicounty investigating grand jury).
(2) Visiting senior judges.
(c) Purpose.--Grants will be made available to counties to reimburse them for operational support provided by the county during the preceding calendar year. Grants will be calculated based on use of judicial chambers, utilization of the services of a law clerk and utilization of the services of a secretary, which chambers or services are deemed adequate and appropriate by the Administrative Office as follows:
(1) Use of judicial chambers will be reimbursed at the rate of $60 per day, billable in one-half-day increments.
(2) Utilization of services of a law clerk will be reimbursed at $20 per hour.
(3) Utilization of services of a secretary will be reimbursed at $12 per hour.
(d) Reimbursement.--Counties will be reimbursed upon timely application by the board of commissioners or, in the absence of a board of commissioners, the executive authority of the county or, in the case of a county which is coterminous with a city of the first class, the mayor of the city of the first class. The application shall be certified by the president judge of the judicial district in which the county is situated, shall include such documentation as may be required by the Administrative Office and shall be submitted as follows:
(1) Applications for reimbursement for operational support provided by counties during calendar year 2001 shall be submitted by April 1, 2002, and grants shall be paid by June 30, 2002.
(2) The due dates for applications for operational support provided during calendar years beginning January 1, 2002, and thereafter shall be established by the Court Administrator of Pennsylvania.
(e) Minimum standards.--The Administrative Office shall set forth minimum standards regarding adequacy, appropriateness and quality of judicial chambers and services required to qualify for reimbursement.
(f) Reduction.--In the event that the total reimbursement qualifying for payment for any calendar year exceeds the amount appropriated by the General Assembly for such purpose, the Court Administrator of Pennsylvania shall proportionally reduce the grant for each county so that the total of all grants does not exceed the amount appropriated.
(g) Limit on grant amount.--No county shall receive more than 20% of the amount appropriated for senior judge operational support grants in any fiscal year.
(h) Report.--Not later than 60 days following payment of grants for any year, the Court Administrator of Pennsylvania shall make a report to the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives setting forth the payments made to counties and the services provided.
(i) Expiration.--This section shall expire on June 30, 2012, unless reenacted prior to that date.
(July 17, 2007, P.L.123, No.37, eff. imd.)
2007 Amendment. Section 6 of Act 37 provided that the amendment of section 1906 shall apply retroactively to July 1, 2007.
§ 1907. Deteriorated real property education and training program for judges.
The Administrative Office of Pennsylvania Courts may develop and implement annual and ongoing education and training programs for judges, including magisterial district judges, regarding the laws of this Commonwealth relating to deteriorated real property and the economic impact that such properties have upon municipalities. The education and training program shall include, but not be limited to:
(1) The importance and connection of code violations and crime.
(2) Time-in-fact violations as they relate to code violations.
(3) Conduct of witnesses in prosecuting code violations.
(4) Limiting continuances in code violations.
(5) Use of indigency hearings in the prosecution of code violations.
(Oct. 27, 2010, P.L.875, No.90, eff. 180 days)
2010 Amendment. Act 90 added section 1907.
CHAPTER 21
JUDICIAL BOARDS AND COMMISSIONS
Subchapter
A. Judicial Conduct Board
B. Judicial Qualifications Commission (Reserved)
C. Jury Selection Commissions
D. Minor Judiciary Education Board
E. Boards of Viewers
F. Pennsylvania Commission on Sentencing
Enactment. Chapter 21 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
SUBCHAPTER A
JUDICIAL CONDUCT BOARD
Sec.
2101. Judicial Conduct Board.
2102. Composition of board.
2103. Organization.
2104. Staff and operations.
2105. Powers and duties.
2106. Official immunity.
Enactment. Subchapter A was added July 2, 1993, P.L.395, No.56, effective August 16, 1993.
Prior Provisions. Former Subchapter A, which related to the Judicial Inquiry and Review Board, was added July 9, 1976, P.L.586, No.142, and repealed July 2, 1993, P.L.395, No.56, effective August 16, 1993.
Special Provisions in Appendix. See section 10 of Act 56 of 1993 in the appendix to this title for special provisions relating to transition provisions.
§ 2101. Judicial Conduct Board.
(a) General rule.--In accordance with section 18 of Article V of the Constitution of Pennsylvania, the Judicial Conduct Board shall be an independent board within the Judicial Branch and shall consist of 12 persons selected as provided in this subchapter.
(b) Seal.--The Judicial Conduct Board shall have a seal engraved with its name and such other inscription as may be specified by board rule. A facsimile or preprinted seal may be used for all purposes in lieu of the original seal.
§ 2102. Composition of board.
(a) General rule.--The Judicial Conduct Board shall consist of:
(1) A judge of the Superior Court or the Commonwealth Court in regular active service appointed by the Supreme Court.
(2) A magisterial district judge, who need not be a member of the bar of this Commonwealth, appointed by the Supreme Court.
(3) A nonjudge member of the bar of this Commonwealth appointed by the Supreme Court.
(4) Three nonlawyer electors appointed by the Supreme Court.
(5) A judge of the courts of common pleas in regular active service appointed by the Governor.
(6) Two nonjudge members of the bar of this Commonwealth appointed by the Governor.
(7) Three nonlawyer electors appointed by the Governor.
(b) Qualifications.--All members of the board must be residents of this Commonwealth. No more than three of the six members appointed by the Supreme Court may be registered in the same political party. No more than three of the six members appointed by the Governor may be registered in the same political party. Membership of a judge or magisterial district judge shall terminate if the member ceases to hold the judicial position that qualified the member for the appointment. Membership shall terminate if a member attains a position that would have rendered the member ineligible for appointment at the time of the appointment. No member may serve more than four consecutive years but may be reappointed after a lapse of one year.
(c) Terms of office.--The members of the board shall serve for terms of four years.
(d) Vacancies.--A vacancy shall be filled by the respective appointing authority for the remainder of the term to which the member was appointed.
(e) Restrictions on activities of members.--No member of the board, during the member's term, may hold office in a political party or political organization. Except for a judicial member, no member of the board, during the member's term, may hold a compensated public office or public appointment. The board shall prescribe general rules governing the conduct of members. A member may be removed by the board for a violation of the rules governing the conduct of members.
(f) Expenses.--All members shall be reimbursed for expenses necessarily incurred in the discharge of their official duties.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsecs. (a) and (b). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Special Provisions in Appendix. See section 11 of Act 56 of 1993 in the appendix to this title for special provisions relating to terms of initial members of Judicial Conduct Board.
§ 2103. Organization.
Annually, the Judicial Conduct Board shall elect a chairperson. The board shall act only with the concurrence of a majority of its members.
§ 2104. Staff and operations.
The Judicial Conduct Board shall appoint a chief counsel and other staff, prepare and administer its own budget as provided by law, exercise supervisory and administrative authority over all board staff and board functions, establish and promulgate its own rules of procedure, prepare and disseminate an annual report and take other actions as are necessary to ensure its efficient operation. The budget request of the board shall be made by the board as a separate item in the request submitted by the Supreme Court on behalf of the Judicial Board to the General Assembly.
§ 2105. Powers and duties.
The Judicial Conduct Board shall exercise the powers and perform the duties vested in and imposed upon the board by section 18 of Article V of the Constitution of Pennsylvania and Chapter 33 (relating to discipline, removal and retirement of judicial officers) and any other powers and duties vested in and imposed upon the board by law.
§ 2106. Official immunity.
Members of the Judicial Conduct Board and its chief counsel and staff shall be absolutely immune from suit for all conduct in the course of their official duties. No civil action or disciplinary complaint predicated upon the filing of a complaint or other documents with the board or testimony before the board may be maintained against any complainant, witness or counsel.
SUBCHAPTER B
JUDICIAL QUALIFICATIONS COMMISSION
(Reserved)
SUBCHAPTER C
JURY SELECTION COMMISSIONS
Sec.
2121. Jury selection commissions.
2122. Composition of jury selection commissions.
2123. Expenses, staff and quarters.
2124. Powers and duties.
§ 2121. Jury selection commissions.
Except in the first judicial district, the jury selection commission in each county shall consist of three persons selected as provided in this subchapter or as provided by home rule charter.
(June 26, 1980, P.L.266, No.78, eff. imd.)
§ 2122. Composition of jury selection commissions.
(a) General rule.--Except in the first judicial district and other home rule charter counties, the jury selection commission shall consist of two jury commissioners elected as provided in this section and the president judge of the court of common pleas of the judicial district embracing the county. The president judge may from time to time assign another judge of court to perform his duties temporarily. The president judge or his assigned replacement shall be chairman.
(b) Election of commissioners.--The jury commissioners shall be elected as provided in this subsection and, to the extent not inconsistent with this subsection, as provided by the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code" and the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," as the case may be, and the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code." Any jury commissioner shall be eligible for reelection for any number of terms. The two persons elected as jury commissioners shall not be of the same political party. The candidate for the office who receives the highest number of votes shall be one of the jury commissioners, and the other shall be that candidate not being of the same political party as the first who receives the next highest number of votes.
(c) Filling of vacancy.--In case of the inability of a jury commissioner, by sickness, death, or other unavoidable cause, to discharge the duties of his office, or in case of neglect or refusal to serve, the president judge of the court of common pleas of the judicial district shall appoint a suitable person of the same political party as the jury commissioner whose place is to be filled to perform the duties of the office during the period of inability.
(d) Philadelphia.--In the first judicial district, the jury selection board shall constitute the jury selection commission. The clerk of the board shall be the commissioner, the assistant clerk of the board shall be the deputy commissioner and the masters, not to exceed four, shall be the assistant commissioners.
(e) Quorum.--A jury selection commission may act by a majority of its members.
(June 26, 1980, P.L.266, No.78, eff. imd.; Oct. 21, 1988, P.L.1045, No.118, eff. imd.)
1988 Amendment. Act 118 amended subsec. (c).
§ 2123. Expenses, staff and quarters.
The expenses, staff and quarters shall be provided for the jury selection commission in accordance with sections 1724 (relating to personnel of the system), 3721 (relating to county judicial center or courthouse) and 3722 (relating to general facilities and services furnished by county).
(June 26, 1980, P.L.266, No.78, eff. imd.)
§ 2124. Powers and duties.
Each jury selection commission shall exercise the powers and perform the duties vested in and imposed upon such commissions by Subchapter B of Chapter 45 (relating to selection and custody of jurors) and any other powers and duties vested in and imposed upon such commissions by law.
SUBCHAPTER D
MINOR JUDICIARY EDUCATION BOARD
Sec.
2131. Minor Judiciary Education Board.
2132. Composition of board.
2133. Organization.
2134. Staff.
2135. Powers and duties.
Transfer of Board. Section 15 of Act 142 of 1976 transferred the Minor Judiciary Education Board to the unified judicial system.
Cross References. Subchapter D is referred to in sections 3111, 3113 of this title.
§ 2131. Minor Judiciary Education Board.
(a) General rule.--The Minor Judiciary Education Board shall consist of such members as provided in this subchapter.
(b) Seal.--The Minor Judiciary Education Board shall have a seal engraved with its name and such other inscription as may be specified by general rule. A facsimile or preprinted seal may be used for all purposes in lieu of the original seal.
(Nov. 29, 1990, P.L.574, No.147, eff. 60 days; July 9, 1992, P.L.689, No.102, eff. imd.; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2008 Amendment. Act 98 reenacted and amended the entire section.
2007 Effectuation of Repeal. The Legislative Reference Bureau effectuated the 1992 repeal.
1992 Repeal. Act 102 repealed Act 147 of 1990 which amended the entire section. Section 1956 of Title 1 provides: "The repeal of an amendatory statute does not revive the corresponding provision or section of the original statute or of any prior amendment." The text of subsec. (a) has not been changed to give effect to the repeal.
1991 Unconstitutionality. Act 147 of 1990, which amended the entire section, was declared unconstitutional by the Supreme Court. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991).
§ 2132. Composition of board.
(a) General rule.--The Minor Judiciary Education Board shall consist of the following appointed by the Supreme Court:
(1) Three persons who shall be judges of the Traffic Court of Philadelphia or magisterial district judges.
(2) Three members of the bar of this Commonwealth.
(3) One lay elector.
(b) Terms of office.--The members of the board shall serve for terms of three years and until a successor has been appointed. A vacancy on the board shall be filled for the balance of the term.
(c) Compensation.--Members of the board shall receive such fees as shall be fixed by the Supreme Court.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 29, 1990, P.L.574, No.147, eff. 60 days; July 9, 1992, P.L.689, No.102, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2008 Amendment. Act 98 reenacted and amended the entire section.
2007 Effectuation of Repeal. The Legislative Reference Bureau effectuated the 1992 repeal.
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1992 Repeal. Act 102 repealed Act 147 of 1990 which amended the entire section. Section 1956 of Title 1 provides: "The repeal of an amendatory statute does not revive the corresponding provision or section of the original statute or of any prior amendment." The text of the introductory paragraph of subsec. (a) has not been changed to give effect to the repeal.
1991 Unconstitutionality. Act 147 of 1990, which amended the def. of "officer enforcing orders," was declared unconstitutional by the Supreme Court. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991).
Special Provisions in Appendix. See section 15 of Act 142 of 1976 in the appendix to this title for special provisions relating to minor judiciary education board.
§ 2133. Organization.
The Supreme Court shall appoint a chairman and other officers of the board, who shall hold office at the pleasure of the Supreme Court. The board shall act only with the concurrence of a majority of its members.
(Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
§ 2134. Staff.
Subject to the approval of the Supreme Court, the Minor Judiciary Education Board shall appoint a director and shall authorize such other staff positions as may be necessary.
(Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
§ 2135. Powers and duties.
The Minor Judiciary Education Board shall exercise the powers and perform the duties vested in and imposed upon the board by Subchapter B of Chapter 31 (relating to qualifications of certain minor judiciary) and any other powers and duties vested in and imposed upon the board by law.
SUBCHAPTER E
BOARDS OF VIEWERS
Sec.
2141. Boards of viewers.
2142. Composition of boards.
2143. Staff.
2144. Powers and duties.
Cross References. Subchapter E is referred to in section 8854 of Title 53 (Municipalities Generally).
§ 2141. Boards of viewers.
The boards of viewers in each county of this Commonwealth shall consist of three or more persons selected as provided in this subchapter.
§ 2142. Composition of boards.
(a) General rule.--The court of common pleas of the judicial district embracing the county shall appoint to the board of viewers of the county such a number of persons as shall be necessary for the proper performance of the duties imposed upon the board. At least one-third of the members of the board of viewers shall be members of the bar of this Commonwealth and each member shall be a resident of the county unless the court is unable to complete the membership of the board from residents of the county, in which event the court may appoint residents of adjacent counties. In the City and County of Philadelphia the board of viewers may be appointed from among the Board of Revision of Taxes. Additional qualifications for membership on boards of viewers may be established by general rule or rule of court.
(b) Terms of office.--The members of boards of viewers shall serve for a term of not less than three nor more than six years, as stated in the appointment, whether such appointment is for an original or partly expired term. All appointments shall be subject to the power of the court of common pleas to remove members of the board without cause and to appoint successors.
(c) Vacancy.--In case of a vacancy in viewers appointed in any specific matter before final action has been taken by them, the court may fill the vacancy by appointing another member of the board of viewers.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsec. (a) and added subsec. (c).
Appointments and Removals. Section 16 of Act 142 of 1976 provided that appointments and removals of persons as members of the county board of viewers pursuant to section 2142 shall be made by a majority of the judges of the court of common pleas of the appropriate judicial district.
§ 2143. Staff.
Each board of viewers shall be provided with such staff as may be necessary.
§ 2144. Powers and duties.
Each board of viewers shall exercise the powers and perform the duties vested in and imposed upon such boards by law.
SUBCHAPTER F
PENNSYLVANIA COMMISSION ON SENTENCING
Sec.
2151. Pennsylvania Commission on Sentencing (Repealed).
2151.1. Definitions.
2151.2. Commission.
2152. Composition of commission.
2153. Powers and duties.
2154. Adoption of guidelines for sentencing.
2154.1. Adoption of guidelines for county intermediate punishment.
2154.2. Adoption of guidelines for State intermediate punishment.
2154.3. Adoption of guidelines for fines.
2154.4. Adoption of guidelines for resentencing.
2154.5. Adoption of guidelines for parole.
2154.6. Adoption of recommitment ranges following revocation of parole by board.
2154.7. Adoption of risk assessment instrument.
2155. Publication of guidelines for sentencing, resentencing and parole and recommitment ranges following revocation.
2156. Severability of subchapter.
Enactment. Subchapter F was added October 5, 1980, P.L.693, No.142, effective in 60 days.
§ 2151. Pennsylvania Commission on Sentencing (Repealed).
2004 Repeal. Section 2151 was repealed November 19, 2004, P.L.855, No.112, effective in 180 days.
§ 2151.1. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Board." The Pennsylvania Board of Probation and Parole.
"Commission." The Pennsylvania Commission on Sentencing established in section 2151.2 (relating to commission).
"Department." The Department of Corrections of the Commonwealth.
(Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days)
2008 Amendment. Act 81 added the defs. of "board" and "department."
2004 Amendment. Act 112 added section 2151.1.
§ 2151.2. Commission.
(a) General rule.--The commission shall be established as an agency of the General Assembly and shall consist of 11 persons selected as provided in this subchapter.
(b) Seal.--The commission shall have a seal engraved with its name and such other inscription as may be specified by regulation of the commission.
(Nov. 19, 2004, P.L.855, No.112, eff. 180 days)
2004 Amendment. Act 112 added section 2151.2.
Cross References. Section 2151.2 is referred to in section 2151.1 of this title.
§ 2152. Composition of commission.
(a) General rule.--The Pennsylvania Commission on Sentencing shall consist of:
(1) Two members of the House of Representatives selected by the Speaker of the House of Representatives, no more than one of whom shall be of the same political party.
(2) Two members of the Senate of Pennsylvania selected by the President pro tempore of the Senate, no more than one of whom shall be of the same political party.
(3) Four judges of courts of record selected by the Chief Justice of Pennsylvania.
(4) Three persons appointed by the Governor, who shall be, respectively:
(i) A district attorney.
(ii) A defense attorney.
(iii) Either a professor of law or a criminologist.
(a.1) Ex officio members.--The Secretary of Corrections, the victim advocate appointed under section 301 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, and the chairman of the board, during their tenure in their respective positions, shall serve as ex officio nonvoting members of the commission.
(b) Terms of office.--The members of the commission shall serve for terms of two years and until a successor has been selected and qualified. A vacancy on the commission shall be filled for the balance of the term.
(c) Chairman and executive director.--The commission shall select a chairman from its members and an executive director. The chairman shall:
(1) Preside at meetings of the commission.
(2) Direct the preparation of requests for appropriations for the commission and the use of funds made available to the commission.
(d) Meetings and quorum.--
(1) The commission shall meet at least four times a year and not less than semiannually to establish its general policies and rules.
(2) The commission shall be deemed an "agency" within the meaning of and shall be subject to the provisions of the act of July 19, 1974 (P.L.486, No.175), referred to as the Public Agency Open Meeting Law.
(3) Seven commissioners shall constitute a quorum for the purpose of adopting proposed initial and initial and subsequent guidelines. A majority of commissioners shall constitute a quorum for all other purposes.
(4) Minutes of meetings shall be kept by the executive director and filed at the executive office of the commission.
(e) Records of action.--Except as otherwise provided by statute, the commission shall maintain and make available for public inspection a record of the final vote of each member on any action taken by it.
(f) Expenses.--Each commissioner shall be entitled to reimbursement for his accountable expenses incurred while engaged in the business of the commission.
(July 10, 1980, P.L.513, No.106, eff. imd.; Apr. 30, 1986, P.L.135, No.41, eff. May 1, 1986; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days)
2008 Amendment. Act 81 added subsec. (a.1).
1986 Amendment. Act 41 amended subsec. (d).
References in Text. The act of July 19, 1974 (P.L.486, No.175), referred to as the Public Agency Open Meeting Law, referred to in subsec. (d)(2), was repealed by the act of July 3, 1986 (P.L.388, No.84), known as the Sunshine Act. The Sunshine Act was repealed by the act of October 15, 1998 (P.L.729, No.93). The subject matter is now contained in Chapter 7 of Title 65 (Public Officers).
§ 2153. Powers and duties.
(a) General rule.--The commission, pursuant to rules and regulations, shall have the power to:
(1) Establish general policies and promulgate such rules and regulations for the commission as are necessary to carry out the purposes of this subchapter and Chapter 97 (relating to sentencing).
(2) Utilize, with their consent, the services, equipment, personnel, information and facilities of Federal, State, local and private agencies and instrumentalities with or without reimbursement therefor.
(3) Enter into and perform such contracts, leases, cooperative agreements and other transactions as may be necessary in the conduct of the functions of the commission, with any public agency or with any person, firm, association, corporation, educational institution or nonprofit organization.
(4) Request such information, data and reports from any officer or agency of the Commonwealth government as the commission may from time to time require and as may be produced consistent with other law.
(5) Arrange with the head of any government unit for the performance by the government unit of any function of the commission, with or without reimbursement.
(6) Issue invitations requesting the attendance and testimony of witnesses and the production of any evidence that relates directly to a matter with respect to which the commission or any member thereof is empowered to make a determination under this subchapter.
(7) Establish a research and development program within the commission for the purpose of:
(i) Serving as a clearinghouse and information center for the collection, preparation and dissemination of information on Commonwealth sentencing, resentencing and parole practices.
(ii) Assisting and serving in a consulting capacity to the board, State courts, departments and agencies in the development, maintenance and coordination of sound sentencing, resentencing and parole practices.
(8) Collect systematically the data obtained from studies, research and the empirical experience of public and private agencies concerning the sentencing processes.
(9) Publish data concerning the sentencing and parole processes.
(10) Collect systematically and disseminate information concerning parole dispositions and sentences actually imposed, including initial sentences and any subsequent modification of sentences or resentences following revocation or remand, and parole and reparole decisions by the board and any other paroling authority.
(11) Collect systematically and disseminate information regarding effectiveness of parole dispositions and sentences imposed.
(12) Make recommendations to the General Assembly concerning modification or enactment of sentencing, parole and correctional statutes which the commission finds to be necessary and advisable to carry out an effective, humane and rational sentencing, resentencing and parole policy.
(13) Establish a plan and timetable to collect and disseminate information relating to incapacitation, recidivism, deterrence and overall effectiveness of sentences and parole dispositions imposed.
(14) Establish a program to systematically monitor compliance with the guidelines, with recommitment ranges and with mandatory sentencing laws to document eligibility for and releases pursuant to a county reentry plan, to document eligibility for and imposition of recidivism risk reduction incentive minimum sentences and to document all parole and reparole decisions by the board and any other paroling authority by:
(i) Promulgating forms which document the application of sentencing, resentencing and parole guidelines, mandatory sentencing laws, releases pursuant to a county reentry plan, recommitment ranges and recidivism risk reduction incentive minimum sentences and collecting information on all parole and reparole decisions by the board and any other paroling authority.
(ii) Requiring the timely completion and electronic submission of such forms to the commission.
(15) Prior to adoption of changes to guidelines for sentencing, resentencing and parole and recommitment ranges following revocation, use a correctional population simulation model to determine:
(i) Resources that are required under current guidelines and ranges.
(ii) Resources that would be required to carry out any proposed changes to the guidelines and ranges.
(b) Annual reports.--The commission shall report annually to the General Assembly, the Administrative Office of Pennsylvania Courts and the Governor on the activities of the commission.
(c) Additional powers and duties.--The commission shall have such other powers and duties and shall perform such other functions as may be necessary to carry out the purposes of this subchapter or as may be provided under any other provision of law and may delegate to any commissioner or designated person such powers as may be appropriate other than the power to establish general policies, guidelines, rules and factors under subsection (a)(1).
(Apr. 30, 1986, P.L.135, No.41, eff. May 1, 1986; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days)
2008 Amendment. Act 81 amended subsec. (a)(7), (9), (10), (11), (12), (13) and (14) and added subsec. (a)(15).
Cross References. Section 2153 is referred to in sections 2154.6, 9721 of this title; sections 6131, 6134.1, 6137 of Title 61 (Prisons and Parole).
§ 2154. Adoption of guidelines for sentencing.
(a) General rule.--The commission shall adopt guidelines for sentencing within the limits established by law which shall be considered by the sentencing court in determining the appropriate sentence for defendants who plead guilty or nolo contendere to, or who were found guilty of, felonies and misdemeanors. In adopting guidelines, the commission shall recommend confinement that is consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and the community and the rehabilitative needs of the offender. The guidelines shall address the following:
(1) Seriousness of the offense, by specifying the range of sentences applicable to crimes of a given degree of gravity, including incapacitation of serious violent offenders.
(2) Criminal history, by specifying a range of sentences of increased severity for offenders previously convicted of or adjudicated delinquent for one or more misdemeanor or felony offenses committed prior to the current offense.
(3) Criminal behavior, by specifying a range of sentences of increased severity for offenders who pose a substantial risk to public safety, including those who possessed or used a deadly weapon during the commission of the current conviction offense.
(4) Aggravated and mitigated ranges, by specifying variations from the range of sentences applicable on account of aggravating or mitigating circumstances.
(5) The impact of any amendments to section 9756 (relating to sentence of total confinement).
(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Possessed." On a defendant's person or within the defendant's immediate physical control.
"Previously convicted of or adjudicated delinquent." Any finding of guilt or adjudication of delinquency, whether or not sentence has been imposed or disposition ordered prior to the commission of the current offense.
(Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Oct. 27, 2010, P.L.931, No.95, eff. imd.)
Initial Sentencing Guidelines. Section 218(b) of Act 142 of 1980 provided that the Pennsylvania Commission on Sentencing shall adopt and publish in the Pennsylvania Bulletin pursuant to 42 Pa.C.S. § 2155(a)(2) the initial sentencing guidelines within 18 months of the first meeting of the commission. The provisions of 18 Pa.C.S. § 1386 (redesignated by Act 142 as 42 Pa.C.S. § 9781) shall take effect upon the effective date of such initial sentencing guidelines pursuant to 42 Pa.C.S. § 2155(c). The initial sentencing guidelines, as revised, were adopted January 5, 1982, and became effective July 22, 1982.
Cross References. Section 2154 is referred to in sections 2154.7, 9721 of this title; section 3702 of Title 18 (Crimes and Offenses); sections 3732, 3732.1 of Title 75 (Vehicles).
§ 2154.1. Adoption of guidelines for county intermediate punishment.
The commission shall adopt guidelines to identify offenders who would be eligible and appropriate for participation in county intermediate punishment programs. These guidelines shall be considered by the sentencing court in determining whether to sentence an offender pursuant to section 9763 (relating to sentence of county intermediate punishment). The guidelines shall:
(1) Use the description of "eligible offender" provided in Chapter 98 (relating to county intermediate punishment).
(2) Give primary consideration to protection of the public safety.
(Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; Nov. 19, 2004, P.L.855, No.112, eff. 180 days)
Cross References. Section 2154.1 is referred to in section 9721 of this title.
§ 2154.2. Adoption of guidelines for State intermediate punishment.
The commission shall adopt guidelines to identify offenders who would be appropriate for participation in State intermediate punishment programs. These guidelines shall be considered by the attorney for the Commonwealth and the sentencing court in determining whether to commit a defendant for evaluation and whether to sentence an eligible offender pursuant to 61 Pa.C.S. Ch. 41 (relating to State intermediate punishment). The guidelines shall:
(1) Use the description of "eligible offender" provided in 61 Pa.C.S. Ch. 41.
(2) Give primary consideration to protection of the public safety.
(Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Oct. 27, 2010, P.L.931, No.95, eff. imd.)
Cross References. Section 2154.2 is referred to in section 9721 of this title.
§ 2154.3. Adoption of guidelines for fines.
The commission shall adopt guidelines for fines or other lawful economic sanctions, within the limits established by law, which shall be considered by the sentencing court in determining the appropriate sentence for defendants who plead guilty or nolo contendere to or who are found guilty of felonies and misdemeanors. The guidelines shall do all of the following:
(1) Specify the range of fines or other lawful economic sanctions, applicable to crimes of a given degree of gravity.
(2) Specify a range of fines or other lawful economic sanctions of increased amount for defendants previously convicted or adjudicated delinquent for one or more misdemeanor or felony offenses committed prior to the current offense. For purposes of this paragraph, the term "previously convicted or adjudicated delinquent" shall include any finding of guilt or adjudication of delinquency whether or not sentence has been imposed or disposition ordered prior to the commission of the current offense.
(3) Prescribe variations from the range of fines applicable on account of aggravating or mitigating circumstances.
(4) Prescribe community service alternatives which may be imposed in lieu of all or part of the fines where the sentencing court finds the defendant lacks the ability to pay all or part of the fine.
(July 17, 2007, P.L.123, No.37, eff. 120 days)
2007 Amendment. Act 37 added section 2154.3.
Cross References. Section 2154.3 is referred to in section 9721 of this title.
§ 2154.4. Adoption of guidelines for resentencing.
The commission shall adopt guidelines that shall be considered by the court when resentencing an offender following revocation of probation, county intermediate punishment or State intermediate punishment. The guidelines shall take into account:
(1) Factors considered in adopting the sentencing guidelines.
(2) The seriousness of the violation.
(3) The rehabilitative needs of the defendant.
(Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days)
Cross References. Section 2154.4 is referred to in section 9721 of this title.
§ 2154.5. Adoption of guidelines for parole.
(a) Adoption.--The commission shall adopt guidelines that shall be considered by the board and any other paroling entity when exercising its power to parole and reparole all persons sentenced by any court in this Commonwealth to imprisonment in any correctional institution. The guidelines shall do all of the following:
(1) Give primary consideration to the protection of the public and to victim safety.
(2) Provide for due consideration of victim input.
(3) Be designed to encourage inmates and parolees to conduct themselves in accordance with conditions and rules of conduct set forth by the department or other prison facilities and the board.
(4) Be designed to encourage inmates and parolees to participate in programs that have been demonstrated to be effective in reducing recidivism, including appropriate drug and alcohol treatment programs.
(5) Provide for prioritization of incarceration, rehabilitation and other criminal justice resources for offenders posing the greatest risk to public safety.
(6) Use validated risk assessment tools, be evidence based and take into account available research relating to the risk of recidivism, minimizing the threat posed to public safety and factors maximizing the success of reentry.
(b) Discretionary authority.--Notwithstanding any other provision of law, this section shall not remove the discretionary parole authority of the board and any other paroling entity when exercising its power to parole and reparole.
(Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days)
Cross References. Section 2154.5 is referred to in section 9721 of this title; sections 6134.1, 6137 of Title 61 (Prisons and Parole).
§ 2154.6. Adoption of recommitment ranges following revocation of parole by board.
(a) Recommitment ranges.--The commission shall adopt recommitment ranges that shall be considered by the board when exercising its power to reparole, commit and recommit for violations of parole any person sentenced by a court in this Commonwealth to imprisonment in any correctional institution. The recommitment ranges shall take into account the seriousness of the initial conviction offense, the level of seriousness of the violation and the rehabilitative needs of the defendant. At the end of the recommittal period, the parole violator shall be reviewed for parole or, without further review, shall be reparoled.
(b) Deviation.--In every case in which the board deviates from the recommitment ranges, the board shall provide a contemporaneous written statement of the reasons for the deviation from the recommitment ranges to the commission as established under section 2153(a)(14) (relating to powers and duties).
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Recommitment range." A range of time within which a parole violator may be recommitted to serve an additional part of the term the parole violator would have been compelled to serve had the parole violator not been paroled.
(Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days)
Cross References. Section 2154.6 is referred to in section 6137 of Title 61 (Prisons and Parole).
§ 2154.7. Adoption of risk assessment instrument.
(a) General rule.--The commission shall adopt a sentence risk assessment instrument for the sentencing court to use to help determine the appropriate sentence within the limits established by law for defendants who plead guilty or nolo contendere to or who were found guilty of felonies and misdemeanors. The risk assessment instrument may be used as an aide in evaluating the relative risk that an offender will reoffend and be a threat to public safety.
(b) Sentencing guidelines.--The risk assessment instrument may be incorporated into the sentencing guidelines under section 2154 (relating to adoption of guidelines for sentencing).
(c) Presentence investigation report.--Subject to the provisions of the Pennsylvania Rules of Criminal Procedure, the sentencing court may use the risk assessment instrument to determine whether a more thorough assessment is necessary and to order a presentence investigation report.
(d) Alternative sentencing.--Subject to the eligibility requirements of each program, the risk assessment instrument may be an aide to help determine appropriate candidates for alternative sentencing, including the recidivism risk reduction incentive, State and county intermediate punishment programs and State motivational boot camps.
(e) Definition.--As used in this section, the term "risk assessment instrument" means an empirically based worksheet which uses factors that are relevant in predicting recidivism.
(Oct. 27, 2010, P.L.931, No.95, eff. imd.)
2010 Amendment. Act 95 added section 2154.7.
§ 2155. Publication of guidelines for sentencing, resentencing and parole and recommitment ranges following revocation.
(a) General rule.--The commission shall:
(1) Prior to adoption, publish in the Pennsylvania Bulletin all proposed sentencing guidelines, resentencing guidelines following revocation of probation, county intermediate punishment and State intermediate punishment, parole guidelines and recommitment ranges following revocation by the board of paroles granted, and hold public hearings not earlier than 30 days and not later than 60 days thereafter to afford an opportunity for the following persons and organizations to testify:
(i) Pennsylvania District Attorneys Association.
(ii) Chiefs of Police Associations.
(iii) Fraternal Order of Police.
(iv) Public Defenders Organization.
(v) Law school faculty members.
(vi) State Board of Probation and Parole.
(vii) Department of Corrections.
(viii) Pennsylvania Bar Association.
(ix) Pennsylvania Wardens Association.
(x) Pennsylvania Association on Probation, Parole and Corrections.
(xi) Pennsylvania Conference of State Trial Judges.
(xii) Any other interested person or organization.
(2) Publish in the Pennsylvania Bulletin sentencing guidelines as adopted by the commission.
(b) Rejection by General Assembly.--Subject to gubernatorial review pursuant to section 9 of Article III of the Constitution of Pennsylvania, the General Assembly may by concurrent resolution reject in their entirety any guidelines or recommitment ranges adopted by the commission within 90 days of their publication in the Pennsylvania Bulletin pursuant to subsection (a)(2).
(c) Effective date.--Sentencing guidelines, resentencing guidelines following revocation of probation, county intermediate punishment and State intermediate punishment, parole guidelines and recommitment ranges following revocation by the board of paroles granted, adopted by the commission shall become effective 90 days after publication in the Pennsylvania Bulletin pursuant to subsection (a)(2) unless disapproved pursuant to subsection (b) and shall apply to sentences and resentences and parole decisions made after the effective date of the guidelines. If not disapproved, the commissioners shall conduct training and orientation for trial court judges and board members prior to the effective date of the guidelines and recommitment ranges.
(July 10, 1980, P.L.513, No.106, eff. imd.; Mar. 22, 1988, P.L.240, No.26, eff. imd.; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days)
1988 Amendment. See section 2 of Act 26 in the appendix to this title for special provisions relating to legislative review of sentencing guidelines.
Cross References. Section 2155 is referred to in section 9721 of this title.
§ 2156. Severability of subchapter.
The provisions of this subchapter are severable. If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application.
(Apr. 30, 1986, P.L.135, No.41, eff. May 1, 1986)
1986 Amendment. Act 41 added section 2156.
CHAPTER 23
PERSONNEL OF THE SYSTEM
Subchapter
A. General Provisions
B. through I. (Reserved)
J. Transferred County-Level Court Administrator Leave and Benefits
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
2301. Appointment of personnel.
2302. Maintenance of adequate county staff.
Enactment. Chapter 23 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
Subchapter Heading. The heading of Subchapter A was added June 22, 1999, P.L.75, No.12, effective immediately.
§ 2301. Appointment of personnel.
(a) General rule.--Subject to any inconsistent general rules or statutory provisions each:
(1) Judge and magisterial district judge may appoint and fix the duties of necessary personal staff.
(2) Court may appoint and fix the compensation and duties of necessary administrative staff and fix the compensation of personal staff.
(3) Other agency or unit of the unified judicial system may appoint and fix the compensation and duties of necessary central staff and personal staff.
(b) Oath of office.--Each member of a judicial board or commission and each other person who is appointed to an office shall, before entering upon the duties of his office, take and subscribe the oath or affirmation specified in section 3151 (relating to oath of office).
(c) County staff unaffected.--The provisions of subsection (a) are intended solely to codify and consolidate former statutory provisions on the same subject and nothing in such subsection shall be construed to limit, modify or deny the existing powers or prerogatives of county staff or other officers, other than judges, elected by the electorate of a county, to appoint and to fix the reasonable compensation of such classes of personnel as such county officers have heretofore been authorized to do by law.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a)(1). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Special Provisions in Appendix. See sections 12, 17 and 18 of Act 142 of 1976 in the appendix to this title for special provisions relating to Allegheny County appointments, landlord and tenant officers and writ servers and traffic court writ servers.
Cross References. Section 2301 is referred to in section 325 of this title.
§ 2302. Maintenance of adequate county staff.
Whenever necessary, it shall be the duty of county officers to appoint or detail such county staff as shall enable the judges of the courts embracing the county to properly transact the business before their respective courts.
SUBCHAPTERS B THROUGH I
(Reserved)
Enactment. Subchapters B through I (Reserved) were added June 22, 1999, P.L.75, No.12, effective immediately.
SUBCHAPTER J
TRANSFERRED COUNTY-LEVEL COURT ADMINISTRATOR
LEAVE AND BENEFITS
Sec.
2391. Short title of subchapter.
2392. Definitions.
2393. Holidays.
2394. Sick leave and annual leave.
2395. Other leave.
2396. Leave following transfer.
2397. County payments for certain leave.
Enactment. Subchapter J was added June 22, 1999, P.L.75, No.12, effective immediately.
Special Provisions in Appendix. See section 28 of Act 12 of 1999 in the appendix to this title for special provisions relating to nonseverability or invalidation.
§ 2391. Short title of subchapter.
This subchapter shall be known and may be cited as the Unified Judicial System Transferred County-Level Administrator Leave Benefit Act.
§ 2392. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Date of transfer." The date established pursuant to section 1905 (relating to county-level court administrators) for transfer of designated administrators from employment by their employing county to employment by the State government of the Commonwealth through the Administrative Office of Pennsylvania Courts.
"Employing county." The county by which a designated administrator is employed on the day immediately preceding the designated administrator's date of transfer.
"Fund." The Unified Judicial System Transferred County-Level Administrator Leave Fund established under section 2397 (relating to county payments for certain leave).
"State judicial personnel policies." Those personnel policies and procedures established and amended by or through a process created by the Pennsylvania Supreme Court and applicable to personnel of the unified judicial system.
"Transferred administrator." Personnel designated under section 1905 (relating to county-level court administrators).
"Unified judicial system." The various courts and offices enumerated in Article V of the Constitution of Pennsylvania.
§ 2393. Holidays.
On and after the date of transfer to the State judicial personnel system, transferred administrators shall be eligible for those paid holidays specified in State judicial personnel policies.
§ 2394. Sick leave and annual leave.
(a) Accrued sick leave and annual leave to be transferred.--Subject to the provisions of subsection (b), sick leave and annual leave accrued by a transferred administrator prior to the date of transfer shall be transferred based upon the accrued sick leave and annual leave balances credited to the transferred administrator by the employing county as of the day immediately preceding the transferred administrator's date of transfer.
(b) Accrued sick leave and annual leave to be credited.--Credit for the sick leave and annual leave transferred under subsection (a) shall not exceed the maximum amount permitted for sick leave and annual leave carryover leave allowances from calendar year to calendar year by State judicial personnel policies in effect on the date of transfer. Accrued sick leave or annual leave transferred under this section shall be used by the transferred administrator only as a credit toward sick leave or annual leave, as the case may be, to be taken in the future. The sick leave or annual leave credited under this subsection shall not, at the time of transfer, be reimbursed to the transferred administrator in the form of a lump sum payout or other leave payout or in any other form which may be permitted by the personnel policies of the employing county in effect on the day immediately preceding the date of transfer. In the event a transferred administrator has accrued leave that is eligible for transfer and that under the employing county's personnel policies in effect on the day immediately preceding the date of transfer could be used by the transferred administrator as either sick leave or annual leave, such leave shall be credited to the transferred administrator with one-half of the leave designated as sick leave and one-half of the leave designated as annual leave.
(c) Excess leave.--Credit for accrued sick leave or annual leave which exceeds the maximum allowed by subsection (b) shall be subject to leave policies in effect in the employing county on the day immediately preceding the date of transfer. Any lump sum payments or other sick leave payments or annual leave payments made pursuant to this subsection are and shall remain the financial responsibility of the employing county.
Cross References. Section 2394 is referred to in sections 2395, 2396, 2397 of this title.
§ 2395. Other leave.
With the exception of leave specified in section 2394 (relating to sick leave and annual leave), a transferred administrator may receive a lump sum payment or other payment for other accrued leave as permitted by the personnel policies of the employing county in effect on the day immediately preceding the date of transfer. Any lump sum payment or other leave payments made pursuant to this section are and shall remain the financial responsibility of the employing county. For purposes of this section, the term "other accrued leave" shall not include accrued sick leave and accrued annual leave and shall include accrued disability leave, accrued personal leave, accrued compensatory leave and other types of accrued leave encompassed within the employing county's personnel policies on the day immediately preceding the date of transfer.
§ 2396. Leave following transfer.
(a) Leave accrual following date of transfer.--On and after the date of transfer, leave shall be accrued by transferred administrators as provided by State judicial personnel policies. For purposes of determining the accrual rate for annual leave, the term "service" shall mean State and county service which is creditable for retirement purposes, excluding any nonstate or noncounty service which may be creditable for State or county retirement purposes.
(b) Leave carryover following date of transfer.--On and after the date of transfer, a transferred administrator shall be permitted to carry accrued leave from calendar year to calendar year as provided by State judicial personnel policies.
(c) Leave eligible for payment.--If a transferred administrator terminates active service with the unified judicial system, such transferred administrator shall be paid for sick leave and annual leave transferred and credited under section 2394 (relating to sick leave and annual leave) and for sick, annual and other leave accrued on and after the date of transfer as permitted by State judicial personnel policies in effect on the transferred administrator's date of termination.
Cross References. Section 2396 is referred to in section 2397 of this title.
§ 2397. County payments for certain leave.
(a) County payments.--Each employing county shall provide payment to the Commonwealth for the accrued sick leave and annual leave transferred and credited pursuant to section 2394 (relating to sick leave and annual leave). Within 30 days of the date specified in section 1905(a) (relating to county-level court administrators), each employing county shall provide, in writing, to the Administrative Office of Pennsylvania Courts, all leave information requested by the Court Administrator of Pennsylvania for those individuals designated in section 1905(a). The payment to be made by each employing county shall be determined based upon an actuarial evaluation performed by an actuary appointed by the Court Administrator of Pennsylvania from a list of three actuaries to be submitted by the Secretary of the Budget within 30 days of the effective date of this subchapter. The actuarial evaluation shall be based upon assumptions determined by the actuary to be appropriate under the circumstances to arrive at a fair and reasonable determination of an actuarially equivalent value of the accrued sick leave and annual leave transferred and credited under section 2394. The actuary shall submit the actuarial evaluation to the Administrative Office of Pennsylvania Courts within 60 days of the receipt of all information necessary to prepare such evaluation. If any employing county fails to provide the information required by this section, the county shall be subject to a penalty of $100 per day for each transferred employee until the required information is provided. Such penalties shall be paid into the fund.
(b) Notice of payment due and payment method.--Following receipt of the actuarial evaluation required by subsection (a), the Administrative Office of Pennsylvania Courts shall notify in writing each employing county of the actuarial value attributable to that county for accrued sick leave and annual leave transferred and credited under section 2394. Each employing county shall be obligated to the Commonwealth for payment of the actuarial value of the accrued sick leave and annual leave transferred and credited under section 2394. Payment shall be made to the Commonwealth by each employing county within 90 days of the date of the written notice from the Administrative Office of Pennsylvania Courts to the employing county, which date is referred to for purposes of this section as the payment due date. Any payment not received from an employing county by the payment due date shall be subject to the imposition of interest from the day following the payment due date at the rate determined by the Secretary of Revenue for interest payments on overdue taxes or the refund of taxes as provided in sections 806 and 806.1 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, and any subsequent amendments to those sections, plus 2% until paid in full.
(c) Recoupment of employing county arrearages.--If an employing county fails to submit a payment by the payment due date established under subsection (b), the Administrative Office of Pennsylvania Courts shall withhold and withdraw such payment, plus applicable interest, if any, from moneys next due to be paid to the employing county in the form of grants, subsidies or other payments to counties which are made by the Administrative Office of Pennsylvania Courts. Any moneys withheld or withdrawn under this subsection or received under subsection (b) shall be transferred to and deposited in the fund created under subsection (d) and credited to the employing county's financial obligation under this subchapter.
(d) Establishment of fund.--There is hereby created a special nonlapsing fund in the State Treasury to be known as the Unified Judicial System Transferred County-Level Administrator Leave Fund. All moneys received from employing counties under this section and all investment income earned on those moneys shall be deposited in the fund. All moneys placed in the fund and the investment income it accrues are hereby appropriated on a continuing basis to the Administrative Office of Pennsylvania Courts, upon requisition by the Court Administrator of Pennsylvania, to be applied solely to the cost of leave payments made under section 2396(c) (relating to leave following transfer). The requisition authority granted with regard to the fund is in addition to the requisition authority contained in section 1501 of The Fiscal Code.
(e) Fund deficiency.--If money in the fund is not adequate to provide for full payment of the counties' share of leave payments, the amount necessary to fully fund the counties' share of leave payments shall become an obligation of the unified judicial system.
(f) Fund surplus.--When all leave payments for transferred administrators required to be made under this subchapter have been made, any surplus remaining in the fund shall be transferred to and is hereby appropriated to the General Fund.
Cross References. Section 2397 is referred to in section 2392 of this title.
CHAPTER 25
REPRESENTATION OF LITIGANTS
Subchapter
A. General Provisions
B. Attorneys and Counsellors
Enactment. Chapter 25 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
2501. Appearance in person or by counsel.
2502. Certain persons not to appear as counsel.
2503. Right of participants to receive counsel fees.
2504. Letters of attorney.
§ 2501. Appearance in person or by counsel.
(a) Civil matters.--In all civil matters before any tribunal every litigant shall have a right to be heard, by himself and his counsel, or by either of them.
(b) Criminal matters.--In all criminal prosecutions the accused has a right to be heard by himself and his counsel.
§ 2502. Certain persons not to appear as counsel.
(a) General rule.--Except as otherwise prescribed by general rule, an attorney at law who is an employee of a court shall not appear as counsel in such court. An attorney at law shall not appear in any court or in any matter in violation of any general rule relating to the practice of law or the conduct of courts, magisterial district judges and officers serving process or enforcing orders of courts.
(b) Law clerks.--Except as otherwise prescribed by general rules, a law clerk serving on the personal staff of a judge of a court of common pleas may appear in such court as an attorney at law before other judges of such court notwithstanding the provisions of subsection (a).
(Apr. 6, 1980, P.L.100, No.38, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 2503. Right of participants to receive counsel fees.
The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter:
(1) The holder of bonds of a private corporation who successfully recovers due and unpaid interest, the liability for the payment of which was denied by the corporation.
(2) A garnishee who enters an appearance in a matter which is discontinued prior to answer filed.
(3) A garnishee who is found to have in his possession or control no indebtedness due to or other property of the debtor except such, if any, as has been admitted by answer filed.
(4) A possessor of property claimed by two or more other persons, if the possessor interpleads the rival claimants, disclaims all interest in the property and disposes of the property as the court may direct.
(5) The prevailing party in an interpleader proceeding in connection with execution upon a judgment.
(6) Any participant who is awarded counsel fees as a sanction against another participant for violation of any general rule which expressly prescribes the award of counsel fees as a sanction for dilatory, obdurate or vexatious conduct during the pendency of any matter.
(7) Any participant who is awarded counsel fees as a sanction against another participant for dilatory, obdurate or vexatious conduct during the pendency of a matter.
(8) Any participant who is awarded counsel fees out of a fund within the jurisdiction of the court pursuant to any general rule relating to an award of counsel fees from a fund within the jurisdiction of the court.
(9) Any participant who is awarded counsel fees because the conduct of another party in commencing the matter or otherwise was arbitrary, vexatious or in bad faith.
(10) Any other participant in such circumstances as may be specified by statute heretofore or hereafter enacted.
Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 3159(b)(6), adopted April 20, 1998, provided that section 2503(2) and (3) shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.
Cross References. Section 2503 is referred to in section 1726 of this title; sections 1512, 1554, 5512 of Title 15 (Corporations and Unincorporated Associations).
§ 2504. Letters of attorney.
(a) General rule.--All letters of attorney authorizing acts relating to instruments or judgments may, if duly acknowledged, be filed in the office of the clerk of the court of common pleas of any county. Such filing shall be deemed a recording for the purposes of section 6106 (relating to certified exemplifications of records).
(b) Duration.--A letter of attorney shall remain in effect until a written revocation by the grantor thereof is filed in such office, but this subsection shall not prevent the prior termination by operation of law of the agency evidenced thereby.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 added section 2504.
SUBCHAPTER B
ATTORNEYS AND COUNSELLORS
Sec.
2521. Office of attorney at law.
2522. Oath of office.
2523. Persons specially admitted by local rules.
2524. Penalty for unauthorized practice of law.
2525. Unauthorized solicitation prohibited.
§ 2521. Office of attorney at law.
Persons admitted to the bar of the courts of this Commonwealth and to practice law pursuant to general rules shall thereby hold the office of attorney at law.
§ 2522. Oath of office.
Before entering upon the duties of his office, each attorney at law shall take and subscribe the following oath or affirmation before a person authorized to administer oaths:
"I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity, as well to the court as to the client, that I will use no falsehood, nor delay the cause of any person for lucre or malice."
Any person refusing to take the oath or affirmation shall forfeit his office.
§ 2523. Persons specially admitted by local rules.
Any person specially admitted to practice law on or before April 23, 1968 may continue to practice in the court of common pleas or in that division of the court of common pleas and the Philadelphia Municipal Court which substantially includes the practice for which such person was previously specially admitted.
§ 2524. Penalty for unauthorized practice of law.
(a) General rule.--Except as provided in subsection (b), any person, including, but not limited to, a paralegal or legal assistant, who within this Commonwealth shall practice law, or who shall hold himself out to the public as being entitled to practice law, or use or advertise the title of lawyer, attorney at law, attorney and counselor at law, counselor, or the equivalent in any language, in such a manner as to convey the impression that he is a practitioner of the law of any jurisdiction, without being an attorney at law or a corporation complying with 15 Pa.C.S. Ch. 29 (relating to professional corporations), commits a misdemeanor of the third degree upon a first violation. A second or subsequent violation of this subsection constitutes a misdemeanor of the first degree.
(b) Practice by associations.--
(1) An association does not violate subsection (a) if it provides legal services only through officers, employees or agents who are duly admitted to practice law. The association may employ persons not admitted to practice law, but those persons shall not render any legal services rendered or to be rendered by the association.
(2) This subsection shall not be interpreted to preclude the use of clerks, secretaries, administrators, bookkeepers, technicians and other assistants who are not usually and ordinarily considered by law, custom and practice to be rendering legal services nor to preclude the use of any other person who performs all his employment under the direct supervision and control of a person duly admitted to practice law. A person shall not, under the guise of employment, render legal services unless duly admitted to practice law.
(3) Notwithstanding any other provision of law, an association may charge for the legal services of its officers, employees and agents, may collect those charges and may compensate those who render the professional services.
(c) Injunction.--In addition to criminal prosecution, unauthorized practice of law may be enjoined in any county court of common pleas having personal jurisdiction over the defendant. The party obtaining such an injunction may be awarded costs and expenses incurred, including reasonable attorney fees, against the enjoined party. A violation of subsection (a) is also a violation of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.
(Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Dec. 7, 1994, P.L.703, No.106, eff. 60 days; July 11, 1996, P.L.607, No.104, eff. 60 days)
1996 Amendment. Act 104 amended subsec. (a) and added subsec. (c).
§ 2525. Unauthorized solicitation prohibited.
(a) Offense defined.--Any person not an attorney at law who shall solicit or procure through solicitation a retainer, power of attorney or any agreement, written or oral, authorizing an attorney at law to perform or render legal services, or who shall solicit any person in this Commonwealth to institute any action or proceeding for damages in which the compensation of any attorney at law for instituting or prosecuting such suit, shall directly or indirectly, depend upon the amount of the recovery therein, commits a misdemeanor of the third degree.
(b) Exception.--Subsection (a) shall not prohibit any bona fide labor organization from giving legal advice to its members in matters arising out of their employment or prohibit any person from engaging in any associational activity which is protected under the Constitution of the United States.
CHAPTER 27
OFFICE OF THE CLERK OF THE COURT
OF COMMON PLEAS
Subchapter
A. General Provisions
B. Prothonotaries
C. Clerks of the Courts
D. Clerks of Orphans' Court Divisions
Enactment. Chapter 27 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
Cross References. Chapter 27 is referred to in section 102 of this title.
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
2701. Scope and purpose of chapter.
2702. Place of filing of documents.
2703. Notice of transfer of functions and duties.
2704. Responsibility for entry, maintenance and certification of data and certification of amicable judgments.
2705. Responsibility for reports to executive agencies.
§ 2701. Scope and purpose of chapter.
(a) Purpose.--The purpose of this chapter is to facilitate the prompt, fair and efficient administration of justice by specifying the respective powers and duties of prothonotaries, clerks of the courts and clerks of orphans' court divisions.
(b) Effect of other provisions of law.--The provisions of this chapter shall be subject to any inconsistent statute, home rule charter or optional plan of government, and to any inconsistent general rule or rule of court heretofore or hereafter adopted pursuant to and subject to the limitations of constitutional authority.
§ 2702. Place of filing of documents.
Where jurisdiction of any matter is by law vested in a court of common pleas or in the Philadelphia Municipal Court, all applications for relief or other documents relating to the matter shall be filed in or transferred to the office of the clerk of the court of common pleas and handled by the appropriate office specified by or pursuant to this chapter.
§ 2703. Notice of transfer of functions and duties.
Whenever pursuant to section 2756(b)(2) (relating to exceptions) a clerk of the courts files a waiver of any functions and duties ordinarily incident to his office, the order of court appointing another officer or other person to perform such functions and duties entered pursuant to this chapter shall not be valid for any purpose until filed in the Administrative Office. The Administrative Office shall cause all such orders to be published in the Pennsylvania Code.
§ 2704. Responsibility for entry, maintenance and certification of data and certification of amicable judgments.
The prothonotary, clerk of the courts and clerk of the orphans' court division shall:
(1) Be responsible for the accurate and timely creation, maintenance and certification of the record of matters pending before or determined by the courts of common pleas and the Philadelphia Municipal Court, including data and reports relating thereto.
(2) Within 30 days after the entry of any money judgment, other than upon a verdict or after decision by a court, deliver to the authorities who assess for county tax purposes in the county where the judgment was entered a written report of the docket number where the judgment was entered, the date the judgment was entered, the amount of the judgment, the names of all parties to the proceeding in which the judgment was entered, the addresses of the persons in favor of whom the judgment was entered and the names and addresses of all assignees of the judgment. Failure to perform the duties imposed by this paragraph shall not impair the validity of any judgment or the lien thereof.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
§ 2705. Responsibility for reports to executive agencies.
(a) Community Affairs.--The office of clerk of the court of common pleas shall certify to the Department of Community Affairs a copy of any order of court incorporating, merging, dissolving, annexing any territory from or to, confirming the adoption, amendment or repeal of any home rule charter or optional plan of government, or otherwise affecting the corporate status of any municipality.
(b) Insurance Department.--The prothonotary and the clerk of the orphans' court division shall make to the Insurance Department such periodic or special reports concerning matters commenced against any person subject to the supervision of the Insurance Department as the department may specify by regulation.
(c) Department of Justice.--The prothonotary and the clerk of the courts shall make to the Department of Justice such periodic or special reports concerning criminal matters as the department may specify by regulation.
(d) Department of Labor and Industry.--The clerk of the courts shall notify the Department of Labor and Industry of every conviction under the act of May 18, 1937 (P.L.665, No.176), known as the "Industrial Homework Law," if the department is not a party to the proceedings.
(e) Department of Transportation.--The office of the clerk of the court of common pleas shall comply with the reporting requirements of Title 75 (relating to vehicles).
(e.1) Department of Revenue.--The clerk of the courts shall report to the Department of Revenue, for the purposes of an audit of tax returns, the name of any person convicted of selling, distributing, delivering or manufacturing or possessing with intent to sell, distribute, deliver or manufacture any controlled substance or designer drug under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, when the value of the controlled substance or the designer drug, or combination thereof, amounts to $1,000 or more. As used in this subsection, the term "convicted" includes having pleaded guilty or nolo contendere.
(f) Superseding administrative office procedures and standards.--The manner of making any informational report required by or pursuant to subsections (a) through (e) or by or pursuant to any other similar statute by the office of the clerk of the court of common pleas may be modified by procedures and standards prescribed pursuant to section 4301 (relating to establishment and maintenance of judicial records) with the approval of the Department of Justice.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 22, 1989, P.L.726, No.98, eff. 60 days)
1989 Amendment. Act 98 added subsec. (e.1).
1978 Amendment. Act 53 added section 2705.
Transfer of Functions. Section 301(a)(16) of Act 58 of 1996 provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferred elsewhere by Act 58 and currently performed by the Department of Community Affairs under section 2705 are transferred to the Department of Community and Economic Development.
References in Text. The Department of Community Affairs, referred to in subsec. (a), was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.
SUBCHAPTER B
PROTHONOTARIES
Sec.
2731. Prothonotary.
2732. Selection of prothonotary.
2733. Seal.
2734. Office of the prothonotary.
2735. Staff.
2736. Matters or documents filed in the office of the prothonotary.
2737. Powers and duties of the office of the prothonotary.
2737.1. Incorrect debtor identified.
2738. Criminal, probate, estates and fiduciary matters.
Cross References. Subchapter B is referred to in section 102 of this title.
§ 2731. Prothonotary.
(a) General rule.--In each county of this Commonwealth there shall be one prothonotary for the court of common pleas, who shall be known as the "Prothonotary of (the respective) County."
(b) Multicounty judicial districts.--In multicounty judicial districts the prothonotary shall be the prothonotary of the branch of the court of common pleas established for the county.
(c) Philadelphia.--In the first judicial district there shall be one prothonotary for the Court of Common Pleas of Philadelphia County and the Philadelphia Municipal Court, who shall be known as the "Prothonotary of Philadelphia."
§ 2732. Selection of prothonotary.
(a) General rule.--The prothonotary of each county shall be selected, and may be removed, in the manner provided by the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code," or the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," as the case may be.
(b) Philadelphia.--The Prothonotary of Philadelphia shall be appointed by the Court of Common Pleas of Philadelphia County.
§ 2733. Seal.
The prothonotary shall have custody of a counterpart of the seal of the court or courts for which he is the prothonotary.
§ 2734. Office of the prothonotary.
(a) General rule.--There shall be an office of the prothonotary in each county of this Commonwealth, which shall be supervised by the prothonotary of the county who shall, either personally, by deputy or by other duly authorized employees or agents of the office, exercise the powers, and perform the duties by law vested in and imposed upon the prothonotary or the office of the prothonotary.
(b) Facilities and services.--The office of the prothonotary shall be provided with all necessary accommodations, goods and services pursuant to section 3722 (relating to general facilities and services furnished by county).
§ 2735. Staff.
(a) General rule.--The prothonotary may appoint and remove such deputies and other administrative staff of the office of the prothonotary as may be necessary.
(b) Solicitor.--The prothonotary may appoint and remove a solicitor, who shall be a member of the bar of this Commonwealth. The solicitor shall advise upon all legal matters that may be submitted by the prothonotary to him, and shall conduct any litigation when required to do so by the prothonotary.
(c) Compensation and duties.--The prothonotary, except as otherwise provided by statute or home rule charter or optional plan of government, may fix the compensation and duties of the staff of the office of the prothonotary. Where the compensation of the staff of the office of the prothonotary is fixed by a county salary board, the prothonotary shall be a member of the salary board for such purpose.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsec. (b).
§ 2736. Matters or documents filed in the office of the prothonotary.
All matters or documents required or authorized to be filed in the office of the clerk of the court of common pleas shall be filed in the office of the prothonotary except:
(1) Matters or documents specified in section 2756 (relating to matters or documents filed in the office of the clerk of the courts).
(2) Matters or documents specified in section 2776 (relating to matters or documents filed in the office of the clerk of the orphans' court division).
§ 2737. Powers and duties of the office of the prothonotary.
The office of the prothonotary shall have the power and duty to:
(1) Administer oaths and affirmations and take acknowledgments pursuant to section 327 (relating to oaths and acknowledgments), but shall not be compelled to do so in any matters not pertaining to the proper business of the office.
(2) Affix and attest the seal of the court or courts to all the process thereof and to the certifications and exemplifications of all documents and records pertaining to the office of the prothonotary and the business of the court or courts of which it is the prothonotary.
(3) Enter all civil judgments, including judgments by confession.
(4) Enter all satisfactions of civil judgments.
(5) Exercise the authority of the prothonotary as an officer of the court.
(6) Exercise such other powers and perform such other duties as may now or hereafter be vested in or imposed upon the office by law, home rule charter, order or rule of court, or ordinance of a county governed by a home rule charter or optional plan of government.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended par. (3).
Cross References. Section 2737 is referred to in section 2737.1 of this title.
§ 2737.1. Incorrect debtor identified.
(a) Procedure.--A creditor that files for a judgment by confession under section 2737(3) (relating to powers and duties of the office of the prothonotary) shall comply with the Pennsylvania Rules of Civil Procedure regarding confession of judgment, including any notice provisions. A debtor who has been incorrectly identified and had a confession or judgment entered against him may petition the court for costs and reasonable attorney fees as determined by the court.
(b) Effect on judgment.--A judgment shall not be stricken or opened because of a creditor's failure to provide a correctly identified debtor with instructions pursuant to this section regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor.
(Dec. 20, 2000, P.L.742, No.105, eff. 60 days; Nov. 29, 2004, P.L.1364, No.176, eff. imd.)
2004 Amendment. Section 3 of Act 176 provided that the addition of subsec. (b) is intended to clarify and confirm the original intent of the General Assembly in adding section 2737.1 in Act 105 of 2000. Section 3 further provided that to the extent necessary to clarify the meaning and interpretation of section 2737.1, the addition of subsection (b) shall apply retroactively to causes of action which arose on or before the effective date of section 3.
§ 2738. Criminal, probate, estates and fiduciary matters.
(a) General rule.--The personnel of the office of the prothonotary shall exercise the powers and perform the duties vested in or imposed upon the office of the clerk of the court of common pleas by:
(1) Subchapter C (relating to clerks of the courts) where no separate clerk of the courts is authorized for the county.
(2) Subchapter D (relating to clerks of orphans' court divisions) where no separate clerk of the orphans' court division is authorized for the county.
(b) Criminal matters.--Except as provided in subsection (a)(1), the office of the prothonotary shall not exercise the powers and perform the duties of the office of the clerk of the courts.
(c) Probate, estates and fiduciary matters.--Except as provided in subsection (a)(2), the office of the prothonotary shall not exercise the powers and perform the duties of the office of the clerk of the orphans' court division.
SUBCHAPTER C
CLERKS OF THE COURTS
Sec.
2751. Clerk of the courts.
2752. Selection of clerk of the courts.
2753. Seal.
2754. Office of the clerk of the courts.
2755. Staff.
2756. Matters or documents filed in the office of the clerk of the courts.
2757. Powers and duties of the office of the clerk of the courts.
Cross References. Subchapter C is referred to in sections 102, 2738 of this title.
§ 2751. Clerk of the courts.
(a) General rule.--In each county of this Commonwealth there shall be a clerk of the courts for the court of common pleas who shall be known as the "Clerk of the Courts of (the respective) County."
(b) Multicounty judicial districts.--In multicounty judicial districts the clerk of the courts shall be the clerk of the courts of the branch of the court of common pleas established for the county.
(c) Philadelphia.--In the first judicial district there shall be a clerk of the courts for the Court of Common Pleas of Philadelphia County and the Philadelphia Municipal Court, who shall be known as the "Clerk of Quarter Sessions of Philadelphia."
§ 2752. Selection of clerk of the courts.
(a) General rule.--The clerk of the courts of each county shall be selected, and may be removed, in the manner provided by the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code" or the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," as the case may be. The office shall be combined with another county office when so provided by statute.
(b) Philadelphia.--The Clerk of Quarter Sessions of Philadelphia shall be selected, and may be removed, in the manner provided by statute or home rule charter.
§ 2753. Seal.
The clerk of the courts shall have custody of a counterpart of the seal of the court or courts for which he is the clerk of the courts.
§ 2754. Office of the clerk of the courts.
(a) General rule.--There shall be an office of the clerk of the courts in each county of this Commonwealth, which shall be supervised by the clerk of the courts of the county who shall, either personally, by deputy, or by other duly authorized employees or agents of the office, exercise the powers and perform the duties by law vested in and imposed upon the clerk of the courts or the office of the clerk of the courts.
(b) Facilities and services.--The office of the clerk of the courts shall be provided with all necessary accommodations, goods and services pursuant to section 3722 (relating to general facilities and services furnished by county).
§ 2755. Staff.
(a) General rule.--The clerk of the courts may appoint and remove such deputies and other administrative staff of the office of the clerk of the courts as may be necessary.
(b) Solicitor.--The clerk of the courts may appoint and remove a solicitor, who shall be a member of the bar of this Commonwealth. The solicitor shall advise upon all legal matters that may be submitted by the clerk of the courts to him, and shall conduct any litigation when required to do so by the clerk of the courts.
(c) Compensation and duties.--The clerk of the courts, except as otherwise provided by statute or home rule charter or optional plan of government, may fix the compensation and duties of the staff of the office of the clerk of the courts. Where the compensation of the staff of the office of the clerk of the courts is fixed by a county salary board, the clerk of the courts shall be a member of the salary board for such purpose.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsec. (b).
§ 2756. Matters or documents filed in the office of the clerk of the courts.
(a) General rule.--All applications for relief or other documents relating to the following matters shall be filed in or transferred to the office of the clerk of the courts:
(1) Criminal matters including all related motions and filings.
(2) Road, liquor, municipal and other miscellaneous civil matters formerly within the jurisdiction of the Courts of Oyer and Terminer, General Jail Delivery, and Quarter Sessions of the Peace.
(3) Other matters to the extent provided by law or the local ordinance or resolution creating or recognizing the cause of action.
(b) Exceptions.--
(1) Subsection (a)(2) and (3) shall not be applicable in the fifth judicial district.
(2) The clerk of the courts of any county may file in the office of the prothonotary of the county and in the Administrative Office a written waiver of all or any part of subsection (a)(2) and (3), whereupon the provisions so waived shall not be applicable in the county.
Cross References. Section 2756 is referred to in sections 2703, 2736 of this title.
§ 2757. Powers and duties of the office of the clerk of the courts.
The office of the clerk of the courts shall have the power and duty to:
(1) Administer oaths and affirmations and take acknowledgments pursuant to section 327 (relating to oaths and acknowledgments), but shall not be compelled to do so in any matter not pertaining to the proper business of the office.
(2) Affix and attest the seal of the court or courts to all the process thereof and to the certifications and exemplifications of all documents and records pertaining to the office of the clerk of the courts and the business of the court or courts of which it is the clerk of the courts.
(3) Enter all criminal judgments and judgments entered by confession.
(4) Exercise the authority of the clerk of the courts as an officer of the court.
(5) Exercise such other powers and perform such other duties as may now or hereafter be vested in or imposed upon the office by law, home rule charter, order or rule of court, or ordinance of a county governed by a home rule charter or optional plan of government.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended par. (3).
SUBCHAPTER D
CLERKS OF ORPHANS' COURT DIVISIONS
Sec.
2771. Clerk of the orphans' court division.
2772. Selection of clerk of the orphans' court division.
2773. Seal.
2774. Office of the clerk of the orphans' court division.
2775. Staff.
2776. Matters or documents filed in the office of the clerk of the orphans' court division.
2777. Powers and duties of the office of the clerk of the orphans' court division.
Cross References. Subchapter D is referred to in sections 102, 2738 of this title.
§ 2771. Clerk of the orphans' court division.
(a) General rule.--In each county of this Commonwealth there shall be one clerk of the orphans' court division, who shall be known as the "Clerk of the Orphans' Court Division of the Court of Common Pleas of (the respective) County."
(b) Multicounty judicial districts.--In multicounty judicial districts the clerk of the orphans' court division shall be the clerk of the orphans' court division of the branch of the court of common pleas established for the county.
§ 2772. Selection of clerk of the orphans' court division.
(a) General rule.--The clerk of the orphans' court division of each county shall be selected, and may be removed, in the manner provided by the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code," or the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," as the case may be. The office shall be combined with another county office when so provided by statute.
(b) Philadelphia.--The Register of Wills of Philadelphia shall serve ex officio as Clerk of the Orphans' Court Division of the Court of Common Pleas of Philadelphia County.
§ 2773. Seal.
The clerk of the orphans' court division shall have custody of a counterpart of the seal of the court for which he is the clerk of the orphans' court division.
§ 2774. Office of the clerk of the orphans' court division.
(a) General rule.--There shall be an office of the clerk of the orphans' court division in each county of this Commonwealth, which shall be supervised by the clerk of the orphans' court division of the county who shall, either personally, by deputy, or by other duly authorized employees or agents of the office, exercise the powers, and perform the duties by law vested in and imposed upon the clerk of the orphans' court division or the office of the clerk of the orphans' court division.
(b) Facilities and services.--The office of the clerk of the orphans' court division shall be provided with all necessary accommodations, goods and services pursuant to section 3722 (relating to general facilities and services furnished by county).
§ 2775. Staff.
(a) General rule.--The clerk of the orphans' court division, with the consent and approval of the court, may appoint and remove such deputies and other administrative staff of the office as may be necessary.
(b) Solicitor.--The clerk of the orphans' court division, with the consent and approval of the court, may appoint and remove a solicitor, who shall be a member of the bar of this Commonwealth. The solicitor shall advise upon all legal matters that may be submitted by the clerk of the orphans' court division to him, and shall conduct any litigation when required to do so by the clerk of the orphans' court division.
(c) Compensation and duties.--The clerk of the orphans' court division, except as otherwise provided by statute or home rule charter or optional plan of government, may fix the compensation and duties of the staff of the office of the clerk of the orphans' court division. Where the compensation of the staff of the office of the clerk of the orphans' court division is fixed by a county salary board, the clerk of the orphans' court division shall be a member of the salary board for such purpose.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
§ 2776. Matters or documents filed in the office of the clerk of the orphans' court division.
All matters to be heard or determined in the orphans' court division of a court of common pleas shall be filed in or transferred to the office of the clerk of the orphans' court division.
Cross References. Section 2776 is referred to in section 2736 of this title.
§ 2777. Powers and duties of the office of the clerk of the orphans' court division.
The office of the clerk of the orphans' court division shall have the power and duty to:
(1) Administer oaths and affirmations and take acknowledgments pursuant to section 327 (relating to oaths and acknowledgments), but shall not be compelled to do so in any matter not pertaining to the proper business of the office.
(2) Affix and attest the seal of the court to all the process thereof and to the certifications and exemplifications of all documents and records pertaining to the office of the clerk of the orphans' court division and the business of the division.
(3) Enter all orders of the court determined in the division, including judgments by confession.
(4) Enter all satisfactions of judgments entered in the office.
(5) Exercise the authority of the clerk of the orphans' court division as an officer of the court.
(6) Exercise such other powers and perform such other duties as may now or hereafter be vested in or imposed upon the office by law, home rule charter, order or rule of court, or ordinance of a county governed by a home rule charter, or optional plan of government.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended par. (3).
CHAPTER 29
OFFICERS SERVING PROCESS AND
ENFORCING ORDERS
Subchapter
A. General Provisions (Reserved)
B. Sheriffs
C. Constables (Repealed)
Enactment. Chapter 29 was added April 28, 1978, P.L.202, No.53, effective in 60 days.
SUBCHAPTER A
GENERAL PROVISIONS
(Reserved)
SUBCHAPTER B
SHERIFFS
Sec.
2921. Powers and duties of the sheriff.
§ 2921. Powers and duties of the sheriff.
The sheriff, either personally or by deputy, shall serve process and execute orders directed to him pursuant to law.
SUBCHAPTER C
CONSTABLES
(Repealed)
2009 Repeal. Subchapter C (§§ 2941 - 2950) was added June 15, 1994, P.L.265, No.44, and repealed October 9, 2009, P.L.494, No.49, effective in 60 days. The subject matter is now contained in Chapter 71 of Title 44 (Law and Justice).
PART III
SELECTION, RETENTION AND REMOVAL
OF JUDICIAL OFFICERS
Chapter
31. Selection and Retention of Judicial Officers
33. Discipline, Removal and Retirement of Judicial Officers
Enactment. Part III was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
CHAPTER 31
SELECTION, RETENTION AND REMOVAL
OF JUDICIAL OFFICERS
Subchapter
A. Qualifications Generally
B. Qualifications of Certain Minor Judiciary
C. Selection of Judicial Officers
D. Tenure and Compensation
Enactment. Chapter 31 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
SUBCHAPTER A
QUALIFICATIONS GENERALLY
Sec.
3101. Qualifications of judicial officers generally.
§ 3101. Qualifications of judicial officers generally.
(a) General rule.--Judges and magisterial district judges shall be citizens of this Commonwealth. Judges, except judges of the Pittsburgh Magistrates Court and the Traffic Court of Philadelphia, shall be members of the bar of this Commonwealth. Judges of the Supreme, Superior and Commonwealth Courts, for a period of one year preceding their election or appointment and during their continuance in office, shall reside within this Commonwealth. Other judges and magisterial district judges, for a period of one year preceding their election or appointment and during their continuance in office, shall reside within their respective districts, except when temporarily assigned to another district pursuant to law. Judges and magisterial district judges shall be at least 21 years of age.
(b) Mental health review officers.--Mental health review officers shall be members of the bar of this Commonwealth without restriction as to county of residence and where possible should be familiar with the field of mental health. Judges of the Philadelphia Municipal Court may be appointed mental health review officers.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; May 27, 1994, P.L.250, No.37, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Cross References. Section 3101 is referred to in sections 3131, 4121 of this title.
SUBCHAPTER B
QUALIFICATIONS OF CERTAIN MINOR JUDICIARY
Sec.
3111. Definitions.
3112. Course of instruction and examination required.
3113. Content of course of instruction and examination.
3114. Admission of interested persons.
3115. Certification of successful completion of course of training.
3116. Effect of failure to obtain certificate.
3117. Expenses.
3118. Continuing education requirement.
3119. Rules and regulations.
Existing Judges and Justices. Section 19 of Act 142 of 1976 provided that Subchapter B shall not apply to any judge or district justice in office on the effective date of Act 142 (60 days from April 28, 1978).
Cross References. Subchapter B is referred to in section 2135 of this title.
§ 3111. Definitions.
The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Bail commissioner." An arraignment court magistrate of the Philadelphia Municipal Court.
"Board." The board existing under Subchapter D of Chapter 21 (relating to Minor Judiciary Education Board).
"Judge." A judge of the Traffic Court of Philadelphia.
(Oct. 12, 1984, P.L.959, No.187, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2008 Amendment. Act 98 amended the defs. of "bail commissioner" and "judge." Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98.
§ 3112. Course of instruction and examination required.
Magisterial district judges, bail commissioners and judges who are not members of the bar of this Commonwealth shall complete a course of training and instruction in the duties of their respective offices and pass an examination prior to assuming office.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 12, 1984, P.L.959, No.187, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 3113. Content of course of instruction and examination.
(a) General rule.--Subject to the approval of the Supreme Court, the board shall prescribe and approve the subject matter and the examination for the course of training and instruction required by this subchapter. The staff authorized by Subchapter D of Chapter 21 (relating to minor judiciary education board) shall, subject to the direction of the board, administer the course of training and instruction and conduct the examination. The staff shall conduct the course of training and examination at such times, at such places and in such manner as the regulations of the board may prescribe. The board shall make the course of training and instruction available at such times so as to insure that any magisterial district judge, arraignment court magistrate or judge elected or appointed may qualify to assume office as soon as possible.
(b) Content of course.--The course of training and instruction shall not exceed four weeks in duration and shall consist of a minimum of 40 hours of class instruction in civil and criminal law, including evidence and procedure, summary proceedings, motor vehicles and courses in judicial ethics, in the case of all such officials except arraignment court magistrates, in which case the course of training shall consist of a minimum of 30 hours of class instruction in criminal law, search and seizure, arrest and bail practices and procedures, and except judges of the Traffic Court of Philadelphia, in which case the course of training shall consist of a minimum of 20 hours of class instruction in summary proceedings and laws relating to motor vehicles.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 20, 1979, P.L.157, No.52, eff. 60 days; Oct. 12, 1984, P.L.959, No.187, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2008 Amendment. Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98.
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 3114. Admission of interested persons.
In addition to those required by this subchapter to complete the course of training and instruction and successfully pass an examination prior to assuming office, any interested person may apply to the board to be enrolled in the course of training and instruction and take the examination. Any such interested person who successfully completes the course of training and passes the examination, and who subsequently is elected or appointed to the office of magisterial district judge, arraignment court magistrate or judge may secure a certificate from the Administrative Office as provided in section 3115 (relating to certification of successful completion of course of training) without again taking the course of training and instruction and passing the examination required by this subchapter prior to assuming such office.
(Oct. 12, 1984, P.L.959, No.187, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2008 Amendment. Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98.
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 3115. Certification of successful completion of course of training.
Upon the successful completion of the course of training and instruction and examination, the Administrative Office shall issue to a person elected or appointed as a magisterial district judge, arraignment court magistrate or judge a certificate in the form prescribed by the board, certifying that such person is qualified to perform his duties as required by the Constitution of Pennsylvania. Such certificate shall be filed in the office of the clerk of the court of common pleas of the judicial district embracing the district to be served by the magisterial district judge, arraignment court magistrate or judge.
(Oct. 12, 1984, P.L.959, No.187, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2008 Amendment. Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98.
2004 Amendment. See section 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Cross References. Section 3115 is referred to in sections 3114, 3116 of this title.
§ 3116. Effect of failure to obtain certificate.
In the event that any magisterial district judge or judge fails to file the certificate provided for by section 3115 (relating to certification of successful completion of course of training) in the manner therein provided within nine months after the magisterial district judge's or judge's election or appointment, that office shall become vacant, and such vacancy shall be filled as provided in this chapter.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 3117. Expenses.
The course of training and instruction required by this subchapter shall be provided at the expense of the Commonwealth.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
§ 3118. Continuing education requirement.
(a) Magisterial district judges.--Every magisterial district judge shall complete a continuing education program each year equivalent to not less than 32 hours per year in such courses or programs as are approved by the board. If a magisterial district judge fails to meet these continuing education requirements, such judge shall be subject to suspension by the Supreme Court until such time as evidence of compliance with such requirements is submitted by the board, but in no event longer than six months at which time the failure to meet the continuing education requirements shall be grounds for the Supreme Court, after a hearing, to declare a vacancy in that district.
(b) Arraignment court magistrates.--Every arraignment court magistrate shall complete a continuing education program each year equivalent to not less than 20 hours per year in such courses or programs as are approved by the board.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 20, 1979, P.L.157, No.52, eff. 60 days; Oct. 12, 1984, P.L.959, No.187, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2008 Amendment. Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98.
2004 Amendment. See section 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 3119. Rules and regulations.
The board shall have the power to promulgate, with the approval of the Supreme Court, such rules and regulations as are necessary to carry out its duties under this subchapter.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
SUBCHAPTER C
SELECTION OF JUDICIAL OFFICERS
Sec.
3131. Selection of judicial officers for regular terms.
3132. Vacancies in office.
3132.1. Reappointment of magisterial district judge.
3133. Commonwealth Court judges.
3134. Community court judges.
3135. Increase in number of judges.
§ 3131. Selection of judicial officers for regular terms.
(a) Judges and magisterial district judges generally.--Except as provided in subsection (d) judges and magisterial district judges shall be elected for a regular term of office at the municipal election next preceding the commencement of their respective regular terms of office by the electors of this Commonwealth or the respective districts in which they are to serve. A candidate for judge or magisterial district judge shall not be placed upon a ballot in any primary or municipal election unless that person will meet the qualifications set forth in section 3101 (relating to qualifications of judicial officers generally) as of the beginning of the term of office for which the candidate runs.
(b) Retention election after transfer or appointment.--Any of the following may file a declaration for candidacy for retention election with the Secretary of the Commonwealth on or before the first Monday of January of the year preceding the year in which his term of office expires:
(1) a person elected to the Philadelphia Municipal Court pursuant to this section, or corresponding provisions of prior law, who becomes a judge of the Community Court of Philadelphia County pursuant to section 3321(b)(1) (relating to establishment of community courts);
(2) a person elected to the Community Court of Philadelphia County pursuant to this section who becomes a judge of the Philadelphia Municipal Court pursuant to section 3322(b) (relating to discontinuance of community courts); or
(3) a person appointed to the Commonwealth Court who:
(i) shall have held office as an elected judge of a court of common pleas and shall not have been defeated for reelection or retention election;
(ii) shall hold an appointive term on the Commonwealth Court which when added to his other service as a judge of a court of common pleas and/or the Philadelphia Municipal Court (whether or not continuously or on the same court and whether by election or appointment) shall aggregate at least ten years as of the date of expiration of such appointive term on the Commonwealth Court; and
(iii) shall have been appointed to the Commonwealth Court pursuant to any executive order then in effect relating to the selection and screening of qualified nominees for appointment to the court.
If no declaration is filed, a vacancy shall exist upon the expiration of the term of office of such judge, to be filled by election under subsection (c). If a judge files a declaration, his name shall be submitted to the electors without party designation, as a separate judicial question or in a separate column or line on voting machines, at the municipal election immediately preceding the expiration of the term of office of the judge, to determine only the question whether he shall be retained in office. If a majority is against retention, a vacancy shall exist upon the expiration of his term of office, to be filled by appointment under section 3132(a) (relating to vacancies in office). If a majority favors retention, the judge shall serve for a regular term of office provided for in section 3152 (relating to tenure of judicial officers), unless sooner removed or retired. At the expiration of such regular term such judge shall be eligible for retention as provided in section 3153 (relating to retention elections after regular term), subject only to the retirement provisions of this part. Section 3133 (relating to Commonwealth Court judges) shall not be applicable to an election conducted pursuant to this subsection.
(c) Other elections.--Except as provided in subsection (b) judges and magisterial district judges shall be elected as provided in the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code."
(d) Pittsburgh Magistrates Court.--The judges of the Pittsburgh Magistrates Court shall be appointed by the Mayor of the City of Pittsburgh with the advice and consent of the Council of the City of Pittsburgh. All of such judges shall not be of the same political party.
(e) Appointive judicial officers.--Subject to any inconsistent general rules or other inconsistent provisions of law, appointive judicial officers shall be appointed and their duties shall be fixed by the court in which they are to serve.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1978, P.L.1098, No.257, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; May 27, 1994, P.L.250, No.37, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsecs. (a) and (c). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1980 Amendment. Act 142 amended subsec. (b).
Cross References. Section 3131 is referred to in sections 3132, 3133, 3153 of this title.
§ 3132. Vacancies in office.
(a) General rule.--Except as provided in subsection (b), a vacancy in the office of judge or magisterial district judge shall be filled by appointment by the Governor. The appointment shall be with the advice and consent of two-thirds of the members elected to the Senate, except in the case of magisterial district judges which shall be by a majority. The person so appointed shall serve for a term ending on the first Monday of January following the next municipal election more than ten months after the vacancy occurs or for the remainder of the unexpired term whichever is less.
(b) Pittsburgh Magistrates Court.--A vacancy in the office of judge of the Pittsburgh Magistrates Court shall be filled as provided in section 3131(d) (relating to Pittsburgh Magistrates Court).
(c) Retention vacancies.--The provisions of subsection (a) shall not apply to a vacancy to be filled by retention election as provided in section 3131(b) (relating to retention election after transfer or appointment) or section 3153 (relating to retention elections after regular term) or to a vacancy created by failure of a judge to file a declaration for retention election as provided in section 3131(b) or section 3153.
(d) Vacancies following appointive term.--A vacancy occurring at the expiration of an appointive term under subsection (a) shall be filled by election as provided in section 3131 (relating to selection of judicial officers for regular terms).
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Cross References. Section 3132 is referred to in sections 3131, 3153 of this title.
§ 3132.1. Reappointment of magisterial district judge.
Notwithstanding any provisions of this title to the contrary, a magisterial district judge who resigns from office may not be reappointed to the unexpired term.
(July 11, 1996, P.L.607, No.104, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 3133. Commonwealth Court judges.
Whenever two or more judges of the Commonwealth Court are to be elected pursuant to section 3131(c) (relating to selection of judicial officers for regular terms) at the same election, each qualified elector shall vote for no more than:
(1) one-half of the number of judges to be elected, if the total number to be elected is even; or
(2) the smallest number constituting a majority of the total number of judges to be elected, if the total number to be elected is odd.
The persons having the highest number of votes, up to the total number of judges to be elected, shall be elected.
Cross References. Section 3133 is referred to in section 3131 of this title.
§ 3134. Community court judges.
If the electors approve the establishment of a community court at the primary election in a municipal election year, the first judges of the court shall be elected at that municipal election. The nominees for election shall be determined in the same manner as is then provided for by law in the case of substitution of nominees where a nominee for a judge of the court of common pleas has died subsequent to a primary election. If the electors approve the establishment of a community court at the primary election in a general election year, the first judges of the court shall be nominated at the primary election preceding the next following municipal election and shall be elected at such municipal election.
§ 3135. Increase in number of judges.
Whenever the number of judges of a court is increased by statute, unless otherwise expressly provided by statute, the additional judicial positions thereby created shall be deemed to be vacancies occurring on the effective date of the statute, and shall be filled in the manner and for the term provided in this chapter for other vacancies on such court.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
Special Provisions in Appendix. See sections 2 and 3 of Act 213 of 1986 in the appendix to this title for special provisions relating to election of additional judges and applicability.
SUBCHAPTER D
TENURE AND COMPENSATION
Sec.
3151. Oath of office.
3152. Tenure of judicial officers.
3153. Retention elections after regular term.
3154. Compensation of judicial officers (Repealed).
§ 3151. Oath of office.
Each judicial officer shall, before entering on the duties of his office, take and subscribe the following oath or affirmation before a person authorized to administer oaths:
"I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity."
Any person refusing to take the oath or affirmation shall forfeit his office. A judicial officer shall be sworn upon his appointment or election, and after each retention election, and thereafter need not be sworn in any matter referred to him.
Cross References. Section 3151 is referred to in section 2301 of this title.
§ 3152. Tenure of judicial officers.
(a) Judges and magisterial district judges.--The regular term of office of judges and magisterial district judges shall be as follows:
(1) Judges of the Philadelphia Municipal Court and the Traffic Court of Philadelphia--Six years.
(2) Judges of the Pittsburgh Magistrates Court--Four years.
(3) All other judges--Ten years.
(4) Magisterial district judges--Six years.
(b) Effect of changes.--The tenure of any judge or magisterial district judge shall not be affected by changes in judicial or magisterial districts or by reduction in the number of judges or magisterial districts. Where a multicounty judicial district is divided by statute into two or more districts or where a county is transferred by statute from one judicial district to another, a judge shall continue to be or shall become a judge of that judicial district which embraces the county of that person's residence at the effective date of the change. Where the boundaries of a magisterial district are revised pursuant to section 1503 (relating to reestablishment of districts) a magisterial district judge shall continue to be or shall become a magisterial district judge of the magisterial district in which that person resides at the effective date of the change.
(c) Appointive judicial officers.--Except as otherwise provided or prescribed by law, appointive judicial officers shall hold office at the pleasure of the appointing authority. Mental health review officers shall be appointed for terms not to exceed one year, and may be reappointed to successive terms.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsecs. (a) and (b). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1978 Amendment. Act 53 amended subsecs. (b) and (c).
Cross References. Section 3152 is referred to in sections 3131, 3153 of this title.
§ 3153. Retention elections after regular term.
(a) General rule.--A judge elected under section 3131 (relating to selection of judicial officers for regular terms) or retained under this section may file a declaration of candidacy for retention election with the Secretary of the Commonwealth on or before the first Monday of January of the year preceding the year in which his term of office expires. If no declaration is filed, a vacancy shall exist upon the expiration of the term of office of such judge, to be filled by election under section 3131(c).
(b) Judicial ballot.--If a judge files a declaration, his name shall be submitted to the electors without party designation, as a separate judicial question or in a separate column or line on voting machines, at the municipal election immediately preceding the expiration of the term of office of the judge, to determine only the question whether he shall be retained in office.
(c) Results of election.--If a majority is against retention, a vacancy shall exist upon the expiration of his term of office, to be filled by appointment under section 3132(a) (relating to vacancies in office). If a majority favors retention, the judge shall serve for the regular term of office provided for in section 3152 (relating to tenure of judicial officers), unless sooner removed or retired. At the expiration of each term a judge shall be eligible for retention as provided in this section, subject only to the retirement provisions of this part.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended the section heading.
Cross References. Section 3153 is referred to in sections 3131, 3132 of this title.
§ 3154. Compensation of judicial officers (Repealed).
1983 Repeal. Section 3154 was repealed September 30, 1983, P.L.160, No.39, effective December 1, 1983.
CHAPTER 33
DISCIPLINE, REMOVAL AND RETIREMENT
OF JUDICIAL OFFICERS
Subchapter
A. Standards of Conduct
B. Establishment and Discontinuance of Courts
C. Discipline and Removal of Judges
D. Retirement
Enactment. Chapter 33 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
Cross References. Chapter 33 is referred to in sections 1141, 2105 of this title.
SUBCHAPTER A
STANDARDS OF CONDUCT
Sec.
3301. Constitutional restrictions.
3302. Additional restrictions.
3303. Additional compensation prohibited.
3304. Acting as collection agent or paid arbitrator prohibited.
3305. Automatic removal upon conviction or disbarment.
3306. Automatic removal upon nonjudicial candidacy.
3307. Automatic suspension of judicial officer under impeachment.
Cross References. Subchapter A is referred to in section 3331 of this title.
§ 3301. Constitutional restrictions.
Judges shall devote full time to their judicial duties, and shall not engage in the practice of law, hold office in a political party or political organization, or hold an office or position of profit in the government of the United States, the Commonwealth or any municipal corporation or political subdivision thereof, except in the armed service of the United States or the Commonwealth.
§ 3302. Additional restrictions.
A judge shall not engage in any activity prohibited by this subchapter or any other provision of law and shall not violate any canon of ethics prescribed by general rule. A magisterial district judge shall devote the time necessary for the prompt and proper disposition of the business of that office, which shall be given priority over any other occupation, business, profession, pursuit or activity. A magisterial district judge shall not use or permit the use of the premises established for the disposition of magisterial business for any other occupation, business, profession or gainful pursuit. A magisterial district judge shall not hold any other elected or appointed public office in this Commonwealth. A magisterial district judge and an appointive judicial officer shall be governed by rules or canons prescribed by general rule.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 20, 1979, P.L.157, No.52, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 3303. Additional compensation prohibited.
No judicial officer shall be paid or accept for the performance of any judicial duty or for any service connected with his office, any fee, emolument or perquisite other than the salary and expenses provided or prescribed by law.
§ 3304. Acting as collection agent or paid arbitrator prohibited.
(a) Collection agent.--No judge or magisterial district judge shall act as agent for a person in the collection of a claim or judgment for money.
(b) Arbitrator.--No judge or magisterial district judge shall receive any fee or emolument for performing the duties of an arbitrator.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 3305. Automatic removal upon conviction or disbarment.
A judge or magisterial district judge convicted of misbehavior in office by a court, disbarred as a member of the bar of this Commonwealth or removed under Subchapter C (relating to discipline and removal of judges) shall forfeit automatically his judicial office and thereafter be ineligible for judicial office.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 3306. Automatic removal upon nonjudicial candidacy.
A judge who shall file for nomination for or election to any public office other than a judicial office shall forfeit automatically his judicial office.
§ 3307. Automatic suspension of judicial officer under impeachment.
No judge or magisterial district judge against whom impeachment proceedings are pending in the Senate shall exercise any of the duties of his office until he shall have been acquitted.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
SUBCHAPTER B
ESTABLISHMENT AND DISCONTINUANCE OF COURTS
Sec.
3321. Establishment of community courts.
3322. Discontinuance of community courts.
§ 3321. Establishment of community courts.
(a) General rule.--In a judicial district which establishes a community court, a person serving as a magisterial district judge at such time:
(1) may complete his term exercising the jurisdiction provided or prescribed by law and with the compensation provided by or pursuant to statute; and
(2) upon completion of his term, his office is abolished and no judicial function of the kind theretofore exercised by a magisterial district judge shall thereafter be exercised other than by the community court.
(b) Philadelphia.--If a community court is established in the City and County of Philadelphia:
(1) The judges of the Philadelphia Municipal Court shall become judges of the Community Court of Philadelphia County and their tenure shall not be otherwise affected.
(2) The office of judge of the Traffic Court of Philadelphia is abolished effective upon the establishment of the community court.
(3) No jurisdiction of the kind theretofore exercised exclusively by the municipal and traffic courts shall thereafter be exercised other than by the community court.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Traffic Court of Philadelphia. Section 22 of Act 142 of 1976 provided that, in the event of the establishment of a community court in the City and County of Philadelphia prior to the expiration of the current term of office of a judge of the Traffic Court of Philadelphia holding office on the effective date of Act 142, the status of such judge shall be determined under subsection (z) of section 16, Schedule to Article V of the Constitution of Pennsylvania, adopted April 23, 1968, and not by the provisions of section 3321(b).
Cross References. Section 3321 is referred to in sections 1102, 3131 of this title.
§ 3322. Discontinuance of community courts.
(a) General rule.--In a judicial district which discontinues a community court, a person serving as a judge of the community court at such time:
(1) may complete his term exercising the jurisdiction provided or prescribed by law and with the compensation provided by or pursuant to statute; and
(2) upon completion of his term, his office is abolished and no judicial function of the kind theretofore exercised by the community court shall thereafter be exercised other than by the court of common pleas and the magisterial district judges of the judicial district.
(b) Philadelphia.--If the Community Court of Philadelphia County is discontinued the judges of that court shall become judges of the Philadelphia Municipal Court and their tenure shall not be otherwise affected.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Cross References. Section 3322 is referred to in sections 1102, 3131 of this title.
SUBCHAPTER C
DISCIPLINE AND REMOVAL OF JUDGES
Sec.
3331. Power of discipline or removal.
3332. Investigation and hearing.
3333. Recommendation to and action by Supreme Court (Deleted by amendment).
3334. Proceedings confidential.
Subchapter Heading. The heading of Subchapter C was amended July 2, 1993, P.L.395, No.56, effective August 16, 1993.
Cross References. Subchapter C is referred to in section 3305 of this title.
§ 3331. Power of discipline or removal.
(a) Judges.--Any judge may be suspended, removed from office or otherwise disciplined for violation of Subchapter A (relating to standards of conduct), misconduct in office, neglect of duty, failure to perform his duties, or conduct which prejudices the proper administration of justice or brings the judicial office into disrepute and may be retired for disability seriously interfering with the performance of his duties.
(b) Magisterial district judges.--The suspension, removal, discipline and compulsory retirement of magisterial district judges shall be governed by general rule.
(July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (b). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1993 Amendment. Act 56 amended subsec. (a).
§ 3332. Investigation and hearing.
Investigation and hearing shall be governed by section 18 of Article V of the Constitution of Pennsylvania.
(July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993)
§ 3333. Recommendation to and action by Supreme Court (Deleted by amendment).
1993 Amendment. Section 3333 was deleted by amendment July 2, 1993, P.L.395, No.56, effective August 16, 1993.
§ 3334. Proceedings confidential.
Confidentiality shall be governed by section 18 of Article V of the Constitution of Pennsylvania.
(July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993)
SUBCHAPTER D
RETIREMENT
Sec.
3351. Automatic retirement on age.
3352. Pension rights.
§ 3351. Automatic retirement on age.
Judges and magisterial district judges shall be retired upon attaining the age of 70 years.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Special Provisions in Appendix. See section 23 of Act 142 of 1976 in the appendix to this title for special provisions relating to existing judicial officers.
§ 3352. Pension rights.
(a) General rule.--Former and retired judges and magisterial district judges shall receive such compensation as shall be provided by or pursuant to statute. No salary, retirement benefit or other compensation shall be paid to any judge or magisterial district judge who is suspended or removed from office under section 18 of Article V or under Article VI of the Constitution of Pennsylvania.
(b) Definition.--As used in this section "former" means a judge or magisterial district judge serving by appointment or election who vacates his office upon the expiration of his term or who resigns his office.
(July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
PART IV
FINANCIAL MATTERS
Chapter
35. Budget and Finance
37. Facilities and Supplies
Enactment. Part IV was added July 9, 1976, P.L.586, No.142, generally effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53. Provisions relating to budgeting and financial matters are effective with respect to fiscal years commencing on or after July 1, 1978, as to political subdivisions, and with respect to fiscal years commencing July 1, 1977, in all other cases.
CHAPTER 35
BUDGET AND FINANCE
Subchapter
A. General Provisions
B. Judicial Department Budget and Finance
C. County Finance
D. Money Paid into Court
E. Fines, Etc.
F. Compensation and Salaries
Enactment. Chapter 35 was added July 9, 1976, P.L.586, No.142, generally effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53. Provisions relating to budgeting and financial matters are effective with respect to fiscal years commencing on or after July 1, 1978, as to political subdivisions, and with respect to fiscal years commencing July 1, 1977, in all other cases.
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
3501. Definitions.
3502. Financial regulations.
3503. Penalties.
§ 3501. Definitions.
Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Appropriated through the budget of the Judicial Department to a political subdivision." An appropriation through the budget of the Judicial Department direct from the General Fund to the treasury of a political subdivision under circumstances where the manner of the expenditure of the appropriation is within the control of officers of the political subdivision.
"Appropriated to the unified judicial system." An appropriation to the Judicial Department other than one appropriated through the budget of the Judicial Department to a political subdivision.
"Budget respondent." The courts, magisterial district judges, other agencies or units of the unified judicial system, the Director of Finance of the City of Philadelphia, the county controllers or county auditors of other counties of this Commonwealth, the Treasurer of the City of Pittsburgh, and any other government unit from which the Administrative Office is authorized to obtain information relating to the budget of the Judicial Department.
"Judicial and related functions." All functions relating to the organization and operation of courts and magisterial district judges and all offices of system and related personnel. The term does not include any function relating to the detection of crime, the apprehension of persons suspected of criminal conduct (except in connection with the enforcement of bench warrants, injunctions or other judicial orders in specific matters), the maintenance of public peace or other police functions or penal and correctional functions.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended the defs. of "budget respondent" and "judicial and related functions." See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 3502. Financial regulations.
(a) General rule.--The governing authority may promulgate regulations relating to forms and accounting methods to be utilized in connection with funds appropriated to the unified judicial system and all fees, costs, grants, moneys paid into court and all other unappropriated funds handled by system and related personnel other than county staff, defining for such accounting purposes terms not otherwise defined in this title, specifying the time and manner of making remittances and disbursements of moneys by system and related personnel other than county staff, and fixing bonding requirements of system and related personnel other than county staff.
(b) County staff.--The Department of Community Affairs, with the approval of the governing authority, may promulgate regulations relating to forms and accounting methods to be utilized in connection with the judicial and related accounts to be maintained pursuant to this part, designating the county staff who shall establish and maintain the judicial and related account of the political subdivision, defining for accounting purposes terms not otherwise defined, used in this part in connection with judicial and related accounts, specifying the time and manner of making remittances and disbursements of moneys under this part by county staff and fixing bonding requirements of county staff handling moneys which are subject to this part. As used in this subsection the term "county staff" includes personnel, except judicial officers, of the City of Pittsburgh.
(c) Payment through financial intermediary.--Regulations prescribed or promulgated pursuant to this section may:
(1) Authorize payment of fines, costs, fees and other remittances through or by a credit card issuer or other financial intermediary.
(2) Authorize the Administrative Office to enter into contracts with credit card issuers and other financial intermediaries relating to the collection, transmission and payment of such remittances.
(3) Adjust the level of fines, costs, fees and other remittances as otherwise fixed by law so as to facilitate the transmission of remittances through or by a financial intermediary pursuant to such regulations without net cost to any government unit.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsec. (b) and added subsec. (c).
References in Text. The Department of Community Affairs, referred to in subsec. (b), was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.
Cross References. Section 3502 is referred to in section 3503 of this title; section 930 of Title 30 (Fish); section 931 of Title 34 (Game).
§ 3503. Penalties.
Any person who fails to remit any fines, penalties, forfeitures, fees, cash or other moneys received by him within the time and in the manner specified by regulations promulgated pursuant to section 3502 (relating to financial regulations) or any person who willfully violates any such regulations commits a misdemeanor of the third degree.
SUBCHAPTER B
JUDICIAL DEPARTMENT BUDGET AND FINANCE
Sec.
3521. Development of budget information.
3522. Preparation of tentative budget request.
3523. Adoption of final budget request.
3524. Form of Judicial Department appropriation.
3525. List of employees to be furnished.
3526. Release of funds.
3527. Estimates of current expenditures by Administrative Office.
3528. Fiscal period.
3529. Audits of affairs of unified judicial system.
3530. Preparation of requisitions.
3531. Budget implementation data.
3532. Expenses.
Cross References. Subchapter B is referred to in section 1727 of this title.
§ 3521. Development of budget information.
(a) General rule.--The Administrative Office shall annually obtain and prepare information for the preparation of a budget for the Judicial Department within such time as to comply with the requirements of section 610 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929." The Administrative Office shall distribute to each budget respondent the proper blanks necessary for the preparation of the budget estimates, with a request that such blanks be returned with the information desired, not later than a date specified by the Administrative Office. Such blanks shall be in such form as shall be prescribed by the Administrative Office to procure, as to functions to be funded in whole or in part through appropriations through the budget of the Judicial Department, any or all information pertaining to the purposes of all programs to be funded in the budget, the revenues, expenditures, program activities and accomplishments for the preceding fiscal year, for the current fiscal year and for the budget year and for four succeeding years, the appropriations made for the preceding fiscal year, the expenditures therefrom, encumbrances thereon, the amount unencumbered and unexpended, an itemized estimate of the revenues and expenditures of the current fiscal year, for the budget year and succeeding years, and an estimate of the revenues and amounts needed and program activity and accomplishment levels for such functions. Such blanks shall also request the budget respondent to accompany them with a statement in writing, giving the facts, and an explanation of the methods and reasons for arriving at the estimates of receipts and expenditures for the budget year and for four succeeding years.
(b) Duty to respond.--It shall be the duty of each budget respondent to comply, not later than the date specified by the Administrative Office, with any and all requests made by the Administrative Office in connection with the budget.
(c) Additional information.--The Administrative Office may, under the direction of the governing authority, make further inquiries and investigations as to the financial needs, expenditures, estimates, or revenues, of any recipient of funds appropriated to the unified judicial system or through the budget of the Judicial Department to a political subdivision, including such information relating to judicial and related functions as the Administrative Office may specify.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
1980 Amendment. Act 142 amended subsec. (a).
Cross References. Section 3521 is referred to in sections 3522, 3523 of this title.
§ 3522. Preparation of tentative budget request.
(a) General rule.--The Administrative Office shall collate and examine all information received pursuant to section 3521(a) (relating to development of budget information), shall consult with the governing authority and the Office of the Budget, and shall prepare and submit to the governing authority for review and approval a tentative budget request for the Judicial Department covering all funds appropriated to the unified judicial system or through the budget of the Judicial Department to a political subdivision.
(b) Revision of information.--The tentative budget request submitted by the Administrative Office may increase or decrease any amount submitted pursuant to section 3521(a). In such case the amount of such increase or decrease and the reasons therefor shall be specified in detail in a written report of the Administrative Office which shall be presented to the governing authority with the tentative budget and which shall be furnished to each affected budget respondent.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
1980 Amendment. Act 142 amended subsec. (a).
Cross References. Section 3522 is referred to in sections 1727, 3523 of this title.
§ 3523. Adoption of final budget request.
(a) General rule.--The governing authority shall review the tentative budget request submitted by the Administrative Office pursuant to section 3522 (relating to preparation of tentative budget request). After giving opportunity for hearing to each budget respondent whose estimate submitted pursuant to section 3521(a) (relating to development of budget information) would be altered by the final budget request of the Judicial Department, the governing authority shall make such modifications in the tentative budget request of the Judicial Department as in its judgment are necessary or desirable, and shall adopt a final budget request of the Judicial Department for transmission to the Office of the Budget.
(b) Transmission to Office of the Budget.--Following adoption of a final budget request by the governing authority, the Administrative Office shall transmit such request to the Office of the Budget within the time and in the manner required by section 610 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929."
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
§ 3524. Form of Judicial Department appropriation.
The budget request of the Judicial Department shall be prepared in a manner comparable to the request of an administrative department.
§ 3525. List of employees to be furnished.
(a) General rule.--The Administrative Office shall, on July 15 of each year, transmit to the Department of the Auditor General, the Treasury Department, and the Office of the Budget a complete list, and to the Legislative Data Processing Center a computer tape of such list, as of July 1 preceding, of the names of all persons, except day-laborers, entitled to receive compensation directly from the Commonwealth from funds appropriated to the unified judicial system. Such list shall show the position occupied by each such person, the date of birth and voting residence of such person, the salary at which or other basis upon which such person is entitled to be paid, the date when such person entered the service of the Commonwealth, whether such person has been continuously employed by the Commonwealth since that date, and all periods of service and positions held as an employee of the Commonwealth, or such part of such information as the Governor may prescribe.
(b) Interim changes.--Each month thereafter, the Administrative Office shall certify to the Department of the Auditor General, the Treasury Department, and the Office of the Budget any changes in the annual list of employees last transmitted to them which shall have occurred during the preceding month.
(c) Public information.--The information received by the Department of the Auditor General, the Treasury Department, and the Office of the Budget under this section shall be public information.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
§ 3526. Release of funds.
(a) General rule.--Each recipient of funds appropriated to the unified judicial system shall, from time to time, as requested by the Administrative Office, prepare and submit to the Administrative Office, for approval or disapproval by the governing authority, an estimate of the amount of money required and the levels of activity and accomplishment for each program carried on by such recipient during the ensuing month, quarter, or such other period as the governing authority shall prescribe. All available Federal funds and funds from other sources shall be characterized as such and shall be included in the estimated expenditures which must be submitted to the Administrative Office before any expenditures therefrom may be made. If such estimate does not meet with the approval of the governing authority, it shall be revised in accordance with the directions of the governing authority and resubmitted for approval. The governing authority may establish an authorized personnel complement level in conjunction with the approved expenditure estimate.
(b) Observance of approved estimate.--After the approval of any such estimate, it shall be unlawful for the recipient of funds appropriated to the unified judicial system to expend any appropriation, Federal funds or funds from other sources, or part thereof, except in accordance with such estimate and the authorized complement level, unless the same be revised with the approval of the governing authority and within the limits appropriated by the General Assembly.
(c) Penalty.--If any recipient to which subsections (a) and (b) apply shall fail or refuse to submit to the Administrative Office estimates of expenditures as required by this section, the governing authority may order the Administrative Office to withhold disbursement of any funds appropriated to the unified judicial system for such recipient, and thereupon the Administrative Office shall withhold disbursement of any such funds until further order of the governing authority.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
1980 Amendment. Act 142 amended subsecs. (a) and (b).
§ 3527. Estimates of current expenditures by Administrative Office.
The Administrative Office shall, from time to time, as requested by the Governor, prepare and submit to the Governor estimates of the amounts of money required for each activity or function to be carried on by the unified judicial system during the ensuing month, quarter, or such other period as the Governor shall prescribe.
§ 3528. Fiscal period.
All books and accounts kept by the Administrative Office and other personnel of the system shall be kept as of the fiscal year or period established by section 617 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929."
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
§ 3529. Audits of affairs of unified judicial system.
(a) General rule.--It shall be the duty of the judicial auditing agency to retain a certified public accountant to make all audits of transactions after their occurrence which may be necessary in connection with the administration of the financial affairs of the unified judicial system or of any functions of a political subdivision funded in whole or in part through the budget of the Judicial Department. At least one such audit shall be made each year and special audits may be made whenever they appear necessary in the judgment of the judicial auditing agency.
(b) Governmental audits.--Where the transactions specified in subsection (a) are audited by the Department of the Auditor General or by an official of a political subdivision charged with auditing responsibility, the judicial auditing agency shall accept a report thereof in lieu of the audit required by subsection (a) unless in the judgment of the judicial auditing agency the circumstances warrant an additional audit by a certified public accountant retained by the auditing agency.
(c) Scope.--Subsections (a) and (b) shall apply to fees, costs, grants, moneys paid into court and all other unappropriated funds handled by system and related personnel and to all funds appropriated to the Judicial Department.
(d) Definition.--As used in this section the term "judicial auditing agency" means a body established or designated by the governing authority as the judicial auditing agency for the purposes of this section. The judicial auditing agency shall include:
(1) A judge of the Superior Court selected by the Superior Court.
(2) A judge of the Commonwealth Court selected by the Commonwealth Court.
(3) The President Judge of the Court of Common Pleas of Philadelphia County.
(4) The President Judge of the Court of Common Pleas of Allegheny County.
Cross References. Section 3529 is referred to in section 1721 of this title.
§ 3530. Preparation of requisitions.
The Administrative Office shall prepare, or cause to be prepared by an officer of the interested government unit designated by the Administrative Office, requisitions for moneys appropriated to the unified judicial system or appropriated through the budget of the Judicial Department to a political subdivision, and shall present such requisitions to the Treasury Department pursuant to section 1501 of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code."
§ 3531. Budget implementation data.
The Court Administrator of Pennsylvania shall make monthly expenditure data available to the Majority or Minority Chairmen of the Appropriations Committees of the Senate or the House of Representatives. Monthly data shall be provided within 15 days after the end of each month. The monthly data shall be prepared in such a way that the last monthly submission is a summary inclusive of the preceding months of the fiscal year and shall be usable to establish a history of expenditure file. This data, at the discretion of the Majority or Minority Chairmen of the Appropriations Committees of the Senate or the House of Representatives, may be provided either in finished reports or on computer tapes. The data shall be provided by fund, by appropriation, by department and by organization within each department and shall include:
(1) Number of filled personnel positions and their cost.
(2) Itemized personnel vacancies and their cost.
(3) New positions created and their cost.
(4) Wage and overtime costs.
(5) Allotments and expenditures for itemized personnel expenses.
(6) Allotments and expenditures for itemized operating expenses.
(7) Allotments and expenditures for itemized fixed assets.
In addition to the above specified budgetary data, the Court Administrator shall make available any other budgetary data as may be requested from time to time by the Majority or Minority Chairmen of the Appropriations Committees of the Senate or the House of Representatives.
(June 26, 1980, P.L.266, No.78, eff. imd.)
1980 Amendment. Act 78 added section 3531.
Cross References. Section 3531 is referred to in section 1905 of this title.
§ 3532. Expenses.
The Office of the Court Administrator of Pennsylvania shall pay the annual registration fee of $200 to the Special Court Judges of Pennsylvania Association for each magisterial district judge, Philadelphia Municipal Court Judge and Philadelphia Traffic Court Judge position authorized as of January 31 of each year. Payment shall be made on the first day of a new fiscal year including July 1, 1988. In addition the Office of the Court Administrator of Pennsylvania shall pay the annual cost for the publishing of a monthly journal containing the update and revision of laws and State Supreme Court rule changes. Except for the funding of the publication of the monthly journal which shall be a direct cost of the Office of the Court Administrator of Pennsylvania, all other funding for the other expenses set forth in this section shall come from the annual appropriation made to the magisterial district judges.
(Apr. 5, 1982, P.L.226, No.72, eff. July 1, 1982; June 15, 1982, P.L.512, No.141, eff. 60 days; June 30, 1988, P.L.464, No.79, eff. imd.; June 18, 1998, P.L.640, No.84, eff. July 1, 1998; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
SUBCHAPTER C
COUNTY FINANCE
Sec.
3541. Judicial and related account.
3542. Receipts.
3543. Credits to account.
3544. Disbursements.
3545. Debits to account.
3546. Relief from liability for loss of property if expenses not paid.
3547. Restriction on compelling local action.
§ 3541. Judicial and related account.
The City and County of Philadelphia, each other county of this Commonwealth, and the City of Pittsburgh shall establish and maintain on their respective books an account to be known as the judicial and related account. The account shall exist for accounting purposes only and nothing in this part shall require the actual segregation of the moneys of the account from the general funds of the political subdivision.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
Cross References. Section 3541 is referred to in section 102 of this title.
§ 3542. Receipts.
(a) General rule.--Except as otherwise provided by Subchapter E (relating to fines, etc.), there shall be paid to the respective political subdivisions required by this subchapter to maintain a judicial and related account all:
(1) Fees established under section 1725 (relating to establishment of fees and charges) to which a government agency is entitled and which by law have heretofore been paid or credited to such political subdivision.
(2) Costs which the political subdivision is entitled to receive pursuant to general rules prescribed under section 1726 (relating to establishment of taxable costs).
(3) Fines and forfeitures as provided in Subchapter E.
(4) Other amounts required by statute to be paid to a political subdivision with respect to judicial and related functions.
(b) Allocation in multicounty districts.--In judicial districts embracing two or more counties the fines, forfeitures, fees and costs collected with respect to the court of common pleas or community court of the judicial district which cannot be identified with respect to a particular county shall be paid over to each county according to an allocation based on population in the ratio which the population of each of the several counties comprising the judicial district bears to the total population of the judicial district as last officially certified.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 added present section 3542 and repealed former section 3542 relating to the same subject matter.
Cross References. Section 3542 is referred to in sections 3543, 3544 of this title.
§ 3543. Credits to account.
Each political subdivision required by this subchapter to maintain a judicial and related account shall credit to such account:
(1) Contributions and payments by the Federal Government for the maintenance of judicial and related functions of the political subdivision.
(2) Appropriations by the General Assembly to the political subdivision for the maintenance of judicial and related functions of the political subdivision.
(3) Amounts received pursuant to section 3542 (relating to receipts).
(4) Income and receipts with respect to the operation of probation facilities and services maintained by the political subdivision.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
Cross References. Section 3543 is referred to in section 3545 of this title.
§ 3544. Disbursements.
(a) General rule.--There shall be paid by the respective political subdivisions required by this subchapter to maintain a judicial and related account:
(1) Salaries, fees and expenses of:
(i) Appointive judicial officers.
(ii) Other system and related personnel which by statute are required to be paid by the political subdivision.
(2) Salaries, fees and expenses of jurors, witnesses and all other persons paid under authority of law by the political subdivision for the maintenance of judicial and related functions.
(3) Any amounts required by statute to be paid to the Commonwealth from any of the sources of income specified in section 3542 (relating to receipts).
(b) Allocation in multicounty districts.--In judicial districts embracing two or more counties, the expenses of the court of common pleas and the community court of the judicial district, and the salary, fees and expenses of the staff of such courts, except county staff, shall be paid by each county according to an allocation based on population in the ratio which the population of each of the several counties comprising the judicial district bears to the total population of the judicial district as last officially certified.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsec. (a).
Cross References. Section 3544 is referred to in section 3545 of this title.
§ 3545. Debits to account.
(a) General rule.--Each political subdivision required by this subchapter to maintain a judicial and related account shall debit to such account:
(1) Amounts paid pursuant to section 3544 (relating to disbursements).
(2) Any amounts required by statute to be paid from any of the sources of income specified in section 3543 (relating to credits to account).
(b) Accommodations.--Expenses under this section include the costs of leased accommodations and the fair rental value of accommodations provided in facilities owned by the political subdivision.
§ 3546. Relief from liability for loss of property if expenses not paid.
Any officer enforcing orders of a tribunal shall be relieved from any liability for the loss, destruction, removal of or damage to any personal property, or for any injury to any real property, levied upon, seized or taken into possession by virtue of any process if the person lodging such process with him shall refuse to advance or secure upon demand the reasonable fees and expenses incident to the seizure, safe keeping and proper protection of such property.
§ 3547. Restriction on compelling local action.
A general rule, express order or other order in the nature of a regulation adopted by the governing authority or any other agency or unit of the system which relates to system and related personnel, the salaries, fees or expenses of which are required by statute to be paid by a political subdivision, shall not be effective as to such political subdivision unless the governing body of the political subdivision agrees thereto or is specifically required by statute to take the action to which the general rule, express order or other order relates.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 added section 3547.
SUBCHAPTER D
MONEY PAID INTO COURT
Sec.
3561. Money paid into court.
§ 3561. Money paid into court.
All money paid into court shall be held in the custody of such officer, shall be invested in such manner, and shall be withdrawn from deposit, as shall be prescribed by general rules. Any such investment, except as otherwise prescribed by or pursuant to general rules, shall be restricted to obligations of the United States or the United States Treasury, or of the Commonwealth.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
SUBCHAPTER E
FINES, ETC.
Sec.
3571. Commonwealth portion of fines, etc.
3572. County portion of fines, etc.
3573. Municipal corporation portion of fines, etc.
3574. Fines in the nature of private compensation.
3575. Criminal Justice Enhancement Account.
Enactment. Subchapter E was added April 28, 1978, P.L.202, No.53, effective in 60 days.
Cross References. Subchapter E is referred to in section 3542 of this title; sections 6322, 6323 of Title 75 (Vehicles).
§ 3571. Commonwealth portion of fines, etc.
(a) General rule.--Except as otherwise provided by statute, the Commonwealth shall be entitled to receive all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited, fees and costs which by law have heretofore been paid or credited to, or which by statute are payable or creditable to, the Commonwealth. Fees and charges in an appellate court fixed pursuant to section 1725 (relating to establishment of fees and charges) shall be paid into the State Treasury. Unless otherwise expressly provided by the General Appropriation Act, such fees and charges shall be credited to the appropriation of the appellate court in which they were received.
(b) Vehicle offenses.--
(1) All fines, forfeited recognizances and other forfeitures imposed, lost or forfeited in connection with matters arising under Chapter 77 of Title 75 (relating to snowmobiles) shall unless otherwise provided in Chapter 77 of Title 75 be payable to the Commonwealth.
(2) Except as provided in paragraph (4), when prosecution under any other provision of Title 75 (relating to vehicles) is the result of State Police action, all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the Commonwealth, for credit to the Motor License Fund. One-half of the revenue shall be paid to municipalities in the same ratio provided in section 4 of the act of June 1, 1956 (P.L.1944, No.655), relating to partial allocation of liquid fuels and fuel use tax proceeds.
(3) Except as provided in section 3573 (relating to municipal corporation portion of fines, etc.), when prosecution under any other provision of Title 75 is the result of local police action, one-half of all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the Commonwealth, for credit to the Motor License Fund.
(4) When prosecution under 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) is the result of State Police action, 50% of all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the Commonwealth, for credit to the Motor License Fund, and 50% shall be payable to the county which shall be further divided as follows:
(i) Fifty percent of the moneys received shall be allocated to the appropriate county authority which implements the county drug and alcohol program to be used solely for the purposes of aiding programs promoting drug abuse and alcoholism prevention, education, treatment and research.
(ii) Fifty percent of the moneys received shall be used for expenditures incurred for county jails, prisons, workhouses and detention centers.
(c) Costs in magisterial district judge proceedings.--
(1) Costs collected by a magisterial district judge shall be transmitted monthly to the Commonwealth in amounts as prescribed in subsection (b) and the balance shall be transmitted monthly to the county in which the magisterial district is located. Costs transmitted to the Commonwealth shall be credited to the General Fund. Costs transmitted to the county shall be retained by the county for its use.
(2) Amounts payable to the Commonwealth:
|
(i) Summary conviction, except motor vehicle cases.............................. |
$10.00 |
|
(ii) Summary conviction, motor vehicle cases other than subparagraph (iii)........ |
$10.00 |
|
(iii) Summary conviction, motor vehicle cases, hearing demanded............ |
$10.00 |
|
(iv) Misdemeanor...................... |
$13.00 |
|
(v) Felony............................ |
$20.00 |
|
(vi) Assumpsit or trespass involving: |
|
|
(A) $500 or less.................. |
$12.50 |
|
(B) More than $500 but not more than $2,000............................ |
$20.00 |
|
(C) More than $2,000 but not more than $4,000............................ |
$30.00 |
|
(D) More than $4,000 but not more than $12,000........................... |
$50.00 |
|
(vii) Landlord-tenant proceeding involving: |
|
|
(A) $2,000 or less................ |
$20.00 |
|
(B) More than $2,000 but not more than $4,000............................ |
$25.00 |
|
(C) More than $4,000 but not more than $12,000........................... |
$35.00 |
|
(viii) Objection to levy.............. |
$5.00 |
|
(ix) Order of execution............... |
$15.00 |
|
(x) Issuing a search warrant (except as provided in section 1725.1(d) (relating to costs))................................. |
$7.00 |
|
(xi) Order of possession.............. |
$15.00 |
(3) In all cases where costs are borne by the county pursuant to section 1725.2 (relating to assumption of summary conviction costs by county), no share of such costs shall be payable to the Commonwealth.
(4) Except as provided in paragraph (5), beginning on January 1, 1994, and each January 1 thereafter, the costs under paragraph (2) shall be increased by the percentage of increase in the Consumer Price Index for Urban Workers for the immediate preceding calendar year which shall be published in the Pennsylvania Bulletin annually by the Supreme Court on or before the preceding November 30. This paragraph shall expire January 1, 2025.
(5) For the cost increase to be effective for calendar year 2002 only, the costs under paragraph (2) shall be increased by the percentage of increase in the Consumer Price Index for Urban Workers for calendar year 2000 which shall be published by the Supreme Court in the Pennsylvania Bulletin as soon as possible after enactment. The increase for calendar year 2002 only shall be effective one month after publication in the Pennsylvania Bulletin.
(d) Victims compensation fund.--Where any person pleads guilty or nolo contendere to or is convicted of any crime as defined in section 477 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," $10 at least of the cost imposed except costs borne by a political subdivision shall be paid into the General Fund.
(e) Other offenses.--Fines, forfeited recognizances and other forfeitures imposed, lost or forfeited under the following provisions of law shall be payable to the Commonwealth:
18 Pa.C.S. § 7361 (relating to worldly employment or business).
Act of December 1, 1965 (P.L.988, No.368), known as the Weights and Measures Act of 1965, when the proceeding is instituted by an agent or employee of the Department of Agriculture.
Act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act.
(July 20, 1979, P.L.157, No.52, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 18, 1992, P.L.1269, No.167, eff. imd.; July 2, 1993, P.L.395, No.56, eff. 60 days; Dec. 27, 1994, P.L.1337, No.154, eff. 180 days; Dec. 17, 2001, P.L.944, No.113, eff. imd.; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 27, 2010, P.L.949, No.96, eff. 60 days; July 7, 2011, P.L.207, No.30, eff. imd.)
2011 Amendment. Act 30 amended subsec. (c)(2)(vi) and (vii).
2010 Amendment. Act 96 reenacted and amended subsec. (c)(4). Section 4(1) of Act 96 provided that the reenactment and amendment of subsec. (c)(4) shall apply to costs imposed on or after the effective date of section 4(1).
2004 Amendment. Act 207 amended subsec. (c) hdg. and (1). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
2003 Amendment. Act 24 amended subsec. (b)(4).
2001 Amendment. Act 113 reenacted and amended subsec. (c), retroactive to January 1, 2001.
1994 Amendment. Act 154 amended subsecs. (a), (b) and (e).
1992 Amendment. See sections 5 and 6 of Act 167 in the appendix to this title for special provisions relating to increases in court costs and revision of official revenue estimate.
1984 Partial Repeal. Section 13 of Act 96 of 1984 provided that section 3571(d) is repealed insofar as it imposes costs in addition to the costs provided for in section 477.15 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
References in Text. Section 477 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, referred to in subsec. (d), was repealed by the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. The subject matter is now contained in Act 111.
The act of December 1, 1965 (P.L.988, No.368), known as the Weights and Measures Act of 1965, referred to in subsec. (e), was repealed by the act of December 18, 1996 (P.L.1028, No.155). The subject matter is now contained in Chapter 41 of Title 3 (Agriculture).
Cross References. Section 3571 is referred to in section 3717 of Title 22 (Detectives and Private Police); section 925 of Title 34 (Game); sections 3116, 3733, 3807, 4903 of Title 75 (Vehicles).
§ 3572. County portion of fines, etc.
Except as otherwise provided in this subchapter, all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited and fees and costs collected in the court of common pleas, or community court established for a judicial district embracing a county, or in a magisterial district within the county, or in the Philadelphia Municipal Court, shall be payable to such county.
(Dec. 27, 1994, P.L.1337, No.154, eff. 180 days)
§ 3573. Municipal corporation portion of fines, etc.
(a) General rule.--Except as otherwise provided by this subchapter, all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited for violation of any ordinance of any municipal corporation, or which under any other statute are to be paid to any specified municipal corporation, shall be payable to such municipal corporation.
(b) Vehicle offenses.--
(1) When prosecution under the provisions of Title 75 (relating to vehicles) for parking is the result of local police action, all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the municipal corporation under which the local police are organized.
(2) Except as provided in paragraph (3), when prosecution under any other provision of Title 75 (except Chapter 77 (relating to snowmobiles)) is the result of local police action, one-half of all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the municipal corporation under which the local police are organized.
(3) When prosecution under 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) is the result of local police action, 50% of all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the municipal corporation under which the local police are organized, and 50% shall be payable to the county which shall be further divided as follows:
(i) Fifty percent of the moneys received shall be allocated to the appropriate county authority which implements the county drug and alcohol program to be used solely for the purposes of aiding programs promoting drug abuse and alcoholism prevention, education, treatment and research.
(ii) Fifty percent of the moneys received shall be used for expenditures incurred for county jails, prisons, workhouses and detention centers.
(c) Summary offenses.--Fines, forfeited recognizances and other forfeitures imposed, lost or forfeited under the following provisions of law shall, when any such offense is committed in a municipal corporation, be payable to such municipal corporation:
(1) Under the following provisions of Title 18 (relating to crimes and offenses):
Section 2709(a)(1), (2) and (3) (relating to harassment).
Section 3304 (relating to criminal mischief).
Section 3503 (relating to criminal trespass).
Section 3929 (relating to retail theft).
Section 4105 (relating to bad checks).
Section 5503 (relating to disorderly conduct).
Section 5505 (relating to public drunkenness).
Section 5511 (relating to cruelty to animals).
Section 6308 (relating to purchase, consumption, possession or transportation of intoxicating beverages).
Section 6501 (relating to scattering rubbish).
(2) Section 13, act of January 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities Act.
(d) Pittsburgh.--Except as otherwise provided in this subchapter, all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited in the Pittsburgh Magistrates Court or the Pittsburgh Traffic Court shall be payable to the City of Pittsburgh.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 21, 1984, P.L.1210, No.230, eff. 60 days; Dec. 27, 1994, P.L.1337, No.154, eff. 180 days; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Dec. 30, 2003, P.L.432, No.61, eff. 60 days)
2003 Amendments. Act 24 amended subsec. (b)(3) and Act 61 amended subsec. (c)(1).
Cross References. Section 3573 is referred to in section 3571 of this title; section 3717 of Title 22 (Detectives and Private Police); sections 3116, 3807, 4903, 7706 of Title 75 (Vehicles).
§ 3574. Fines in the nature of private compensation.
The provisions of this subchapter shall not affect the disposition of fines authorized by law to effect restitution, for support of legal dependents, or otherwise for purposes not augmenting the public revenues.
§ 3575. Criminal Justice Enhancement Account.
(a) Establishment.--There is established within the State Treasury a restricted account to be known as the Criminal Justice Enhancement Account. The account shall be comprised of all of the following:
(1) Costs of prosecution imposed pursuant to subsection (b).
(2) Fines statutorily designated by subsection (c) to the account.
(b) Costs of prosecution.--In addition to any other costs of prosecution, an assessment in the amount of $50 shall be imposed and directed to the account in each judicial proceeding where:
(1) the defendant accepts Accelerated Rehabilitative Disposition;
(2) the defendant is convicted of or enters a plea of guilt or nolo contendere for a felony, misdemeanor of the first degree or misdemeanor of the second degree set forth in 18 Pa.C.S. (relating to crimes and offenses); or
(3) the defendant is convicted of or enters a plea of guilt or nolo contendere for a violation of section 13(a)(16) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(c) Designated offenses.--Any fines imposed for the following offenses under 18 Pa.C.S. shall be directed to the account:
Chapter 41 (relating to forgery and fraudulent practices) other than summary offenses under section 4105 (relating to bad checks).
Chapter 47 (relating to bribery and corrupt influence).
Chapter 49 Subch. A (relating to perjury and falsification in official matters).
Chapter 57 (relating to wiretapping and electronic surveillance).
Chapter 76 (relating to computer offenses).
(d) Distribution from account.--The money in the account is appropriated upon approval of the Governor to fulfill the provisions of section 1401(p) of the act of August 9, 1955 (P.L.323, No.130), known as The County Code.
(July 13, 2007, P.L.92, No.30, eff. 120 days)
2007 Amendment. Act 30 added section 3575.
SUBCHAPTER F
COMPENSATION AND SALARIES
Sec.
3581. Judicial salaries (Repealed).
Enactment. Subchapter F was added December 18, 1992, P.L.1269, No.167, effective immediately.
§ 3581. Judicial salaries (Repealed).
1995 Repeal. Section 3581 was repealed October 19, 1995, P.L.324, No.51, effective November 1, 1995.
CHAPTER 37
FACILITIES AND SUPPLIES
Subchapter
A. Statewide Facilities and Services
B. District and County Facilities and Services
C. Judicial Computer System
Enactment. Chapter 37 was added July 9, 1976, P.L.586, No.142, generally effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53. Provisions relating to budgeting and financial matters are effective with respect to fiscal years commencing on or after July 1, 1978, as to political subdivisions, and with respect to fiscal years commencing July 1, 1977, in all other cases.
SUBCHAPTER A
STATEWIDE FACILITIES AND SERVICES
Sec.
3701. Pennsylvania Judicial Center (Reserved).
3702. General facilities and services furnished by Administrative Office.
3703. Local chamber facilities.
3704. Local facilities for holding sessions of Statewide courts.
§ 3701. Pennsylvania Judicial Center (Reserved).
Cross References. Section 3701 is referred to in sections 504, 1724 of this title.
§ 3702. General facilities and services furnished by Administrative Office.
The Administrative Office, either directly or where appropriate in the case of equipment, materials and supplies, through the Department of General Services, shall furnish all personnel of the system entitled thereto with all necessary accommodations, goods and services which are not required by statute to be furnished by another government unit. Nothing in this section shall be construed to shift the liability for furnishing any such necessary accommodations, goods and services to the Commonwealth and where it is necessary for the Administrative Office to furnish any such necessary accommodations, goods or services for which the Commonwealth is not liable the cost thereof shall be paid by the defaulting government unit.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
§ 3703. Local chamber facilities.
The Administrative Office of Pennsylvania Courts shall furnish for each judge of the appellate courts of this Commonwealth chamber facilities in the county in which such judge resides in conformity with general rules for such judge and the personal staff of such judge from funds annually appropriated by the General Assembly.
(July 10, 1985, P.L.193, No.49, eff. 60 days)
Cross References. Section 3703 is referred to in section 5303 of Title 71 (State Government).
§ 3704. Local facilities for holding sessions of Statewide courts.
(a) General rule.--The City and County of Philadelphia and the County of Allegheny shall furnish the personnel of the appellate courts of this Commonwealth with such accommodations and facilities as may be required by order of the governing authority.
(b) Exception.--Subsection (a) shall not apply to any county in which the Pennsylvania Judicial Center may be located.
Pennsylvania Judicial Center. Section 24(c) of Act 142 of 1976 provided that, for the purposes of section 3704(b), the Pennsylvania Judicial Center shall not be deemed to be located in a county until the facilities specified in section 3704(a) are provided by the center.
SUBCHAPTER B
DISTRICT AND COUNTY FACILITIES AND SERVICES
Sec.
3721. County judicial center or courthouse.
3722. General facilities and services furnished by county.
3723. Other facilities and services furnished by Administrative Office.
3724. County law libraries.
3725. Standards of local facilities and services.
3726. Manner of expenditure of local funds.
3727. Restriction on compelling local action.
§ 3721. County judicial center or courthouse.
(a) General rule.--There shall be maintained at the county seat of each county a facility known as the county judicial center, which may be the existing county courthouse. The facility shall provide accommodations and supporting facilities and services for the following functions, agencies and units of or related to the unified judicial system:
(1) One or more courtrooms for the holding of sessions of the court of common pleas of the district, including related conference and other facilities.
(2) Chamber facilities for judges of the court of common pleas and their personal staff.
(3) The office of the clerk of the court of common pleas of the district and the administrative staff of the court, including the offices of the prothonotary, clerk of the courts and clerk of the orphans' court division.
(4) The district court administrator.
(5) The county law library.
(6) The offices of jury commissioners, register of wills, sheriff, district attorney and public defender.
(7) The offices of the bar association of the county necessary for public services performed by the bar association.
(8) In the City and County of Philadelphia, courtrooms, related conference and other facilities and chamber facilities for the minor judiciary.
(9) Such other functions, agencies and units of or related to the unified judicial system as may be designated by the governing authority and approved by the governing body of the county.
(b) Multisite locations.--The facilities of the county judicial center may be located either at a common site or at multiple sites, as required by local circumstances and conditions.
(c) Child-care facilities.--
(1) A county judicial center or courthouse may provide a child-care facility for use by children whose parents or guardians are present at the county judicial center or courthouse for a court appearance or other matter related to any civil or criminal action where the person's presence has been requested or is necessary. The child-care facility must be located within or easily accessible to the county judicial center or courthouse. If the facilities of the county judicial center are located at multiple sites, each site may provide a child-care facility.
(2) If a child-care facility is provided under paragraph (1):
(i) The child-care facility shall be licensed and operated pursuant to Articles IX and X of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, and regulations of the Department of Public Welfare.
(ii) In addition to any other court cost or filing fee authorized to be collected by law, an additional fee of $5 shall be charged and collected by the prothonotary, clerk of orphans' court and register of wills of the county or by any official designated to perform the functions thereof for the initiation of any civil action or legal proceeding.
(iii) In addition to any other court cost or filing fee authorized to be collected by law, an additional fee of $5 shall be charged and collected by the clerk of courts of the county or by any official designated to perform the functions thereof for the initiation of any criminal proceeding for which a fee, charge or cost authorized on the effective date of this subsection and for which a conviction is obtained or guilty plea is entered.
(3) The additional fees collected under paragraph (2) shall be deposited into a segregated fund established by the county for the purposes of providing for the start-up and daily operating costs, excluding capital costs, of a child-care facility under this section.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 2000, P.L.742, No.105, eff. 60 days)
2000 Amendment. Act 105 added subsec. (c).
Cross References. Section 3721 is referred to in sections 1724, 2123 of this title.
§ 3722. General facilities and services furnished by county.
Except as otherwise provided by statute, each county shall continue to furnish to the court of common pleas and community court embracing the county, to the minor judiciary established for the county and to all personnel of the system, including central staff entitled thereto, located within the county, all necessary accommodations, goods and services which by law have heretofore been furnished by the county.
Cross References. Section 3722 is referred to in sections 2123, 2734, 2754, 2774, 3723 of this title.
§ 3723. Other facilities and services furnished by Administrative Office.
The Administrative Office, either directly or where appropriate in the case of equipment, materials and supplies, through the Department of General Services, shall furnish all personnel of the system entitled thereto located within a county, with all necessary accommodations, goods and services which are not by section 3722 (relating to general facilities and services furnished by county) or any other provision of statute required to be or which have heretofore been furnished by another government unit.
§ 3724. County law libraries.
County law libraries, including libraries maintained by bar associations or independent library corporations, or both, shall receive from the county such necessary funds, accommodations, goods and services, as shall be specified by general rules or orders adopted by the governing authority after consideration of the recommendations from time to time of the State Law Library. Any such general rules or orders shall take effect only in the manner provided by section 503(b) (relating to procedures). All such county law libraries shall be operated in conformity with general rules or rules of the court of common pleas of the judicial district embracing the county and shall be open to the general public.
Philadelphia, Allegheny and Second Class A Counties. See section 24(d) of Act 142 of 1976 in the appendix to this title for special provisions relating to Philadelphia Law Library.
§ 3725. Standards of local facilities and services.
All accommodations, goods and services furnished to personnel of the system by a county or any other government agency shall be furnished in conformity with general rules.
§ 3726. Manner of expenditure of local funds.
Unless and until otherwise provided by statute or by express order of the Supreme Court pursuant to and subject to the limitations of constitutional authority, the manner of the expenditure of moneys credited to the judicial and related account of a political subdivision, including moneys appropriated through the budget of the Judicial Department to a political subdivision, shall be within the control of officers of the political subdivision.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
§ 3727. Restriction on compelling local action.
A general rule, express order or other order in the nature of a regulation adopted by the governing authority or any other agency or unit of the system which relates to funds, accommodations, facilities, goods, services or supplies which by statute are required to be paid by a political subdivision shall not be effective as to such political subdivision unless the governing body of the political subdivision agrees thereto or is specifically required by statute to take the action or furnish the particular funds, accommodations, facilities, goods or services to which the general rule, express order or other order relates.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 added section 3727.
SUBCHAPTER C
JUDICIAL COMPUTER SYSTEM
Sec.
3731. Establishment of restricted receipt account.
3732. Utilization of funds in account.
3733. Deposits into account.
3733.1. Surcharge.
3734. Annual appropriations.
3735. Review of plan and contracts.
Enactment. Subchapter C was added June 30, 1988, P.L.464, No.79, effective immediately and retroactive to July 13, 1987.
Cross References. Subchapter C is referred to in section 512 of Title 3 (Agriculture).
§ 3731. Establishment of restricted receipt account.
There is hereby established within the General Fund a restricted receipt account to be known as the Judicial Computer System Augmentation Account.
§ 3732. Utilization of funds in account.
(a) General rule.--Except for the repayments under subsection (b), all moneys deposited into the Judicial Computer System Augmentation Account shall be used only for the initial startup and the ongoing operations of the Statewide judicial computer system.
(b) General Fund repayments.--Any funds appropriated by the General Assembly from the General Fund for the startup and operation of the Statewide judicial computer system shall be repaid to the General Fund from the Judicial Computer System Augmentation Account over a five-year period beginning 24 months after the initial appropriation from the General Fund.
Cross References. Section 3732 is referred to in section 3733.1 of this title.
§ 3733. Deposits into account.
(a) General rule.--
(1) Beginning July 1, 1987, and thereafter, the total of all fines, fees and costs collected by any division of the unified judicial system which are in excess of the amount collected from such sources in the fiscal year 1986-1987 shall be deposited in the Judicial Computer System Augmentation Account. Any fines, fees or costs which are allocated by law or otherwise directed to the Pennsylvania Fish and Boat Commission, to the Pennsylvania Game Commission or to counties and municipalities, to the Crime Victim's Compensation Board, to the Commission on Crime and Delinquency for victim-witness services grants under section 477.15(c) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, to rape crisis centers, to the Emergency Medical Services Operating Fund or to domestic violence shelters shall not be affected by this subchapter.
(2) Beginning July 1, 1999, any fines, fees or costs which are allocated by law or otherwise directed to the Child Passenger Restraint Fund shall not be affected by this subchapter.
(a.1) Additional fees.--
(1) In addition to the court costs and filing fees authorized to be collected by statute:
(i) An additional fee of $10 shall be charged and collected by the prothonotaries of the Pennsylvania Supreme, Superior and Commonwealth Courts for each initial filing for which a fee, charge or cost is now authorized.
(ii) An additional fee of $10 shall be charged and collected by the prothonotaries, clerks of orphans' courts and registers of wills of all courts of common pleas, or by any officials designated to perform the functions thereof, for the initiation of any civil action or legal proceeding.
(iii) An additional fee of $10 shall be charged by the clerks of courts of all courts of common pleas, or by any officials designated to perform the functions thereof, for the initiation of any criminal proceeding for which a fee, charge or cost is now authorized and a conviction is obtained or guilty plea is entered. The additional fee under this subparagraph shall also be charged and collected when a defendant is granted entry into Accelerated Rehabilitative Disposition or any other pretrial diversionary program.
(iv) An additional fee of $10 shall be charged and collected by the minor judiciary, including magisterial district judges, Philadelphia Municipal Court, Philadelphia Traffic Court and Pittsburgh Municipal Court, for the initiation of a legal proceeding for which a fee or cost is now authorized, except that in criminal, summary and traffic matters the fee shall be charged only when a conviction is obtained or guilty plea is entered. The additional fee under this subparagraph shall also be charged and collected when a defendant is granted entry into Accelerated Rehabilitative Disposition or any other pretrial diversionary program.
(v) An additional fee of $10 shall be charged and collected by the recorders of deeds and clerks of court, or by any officials designated to perform similar functions, for each filing of a deed, mortgage or property transfer for which a fee, charge or cost is now authorized. The Supreme Court shall designate by financial regulations which filings meet the criteria of this subparagraph.
(2) The additional fees identified in paragraph (1) shall be fixed and charged for the fiscal years as indicated:
(i) For the fiscal year 2002-2003, $9 of each additional fee shall be deposited into the Judicial Computer System Augmentation Account, and $1 of each additional fee shall be deposited into the Access to Justice Account under section 4904 (relating to establishment of Access to Justice Account).
(ii) For the fiscal years 2003-2004 and 2004-2005, $8.50 of each additional fee shall be deposited into the Judicial Computer System Augmentation Account, and $1.50 of each additional fee shall be deposited into the Access to Justice Account under section 4904.
(iii) For the fiscal year 2005-2006 and each fiscal year thereafter, $8 of each additional fee shall be deposited into the Judicial Computer System Augmentation Account, and $2 of each additional fee shall be deposited into the Access to Justice Account under section 4904.
(3) The moneys charged and collected under this subsection shall be paid to the court imposing the fee, which shall transfer the moneys to the Department of Revenue for deposit into the appropriate account. For the purposes of paragraph (1)(v), the court shall be the court of common pleas.
(b) Limitation on total amount in account.--(Deleted by amendment).
(c) Expiration of section.--(Deleted by amendment).
(June 29, 1990, P.L.257, No.59, eff. imd.; Mar. 19, 1992, P.L.18, No.7, eff. imd.; July 11, 1996, P.L.607, No.104, eff. imd.; June 25, 1997, P.L.321, No.32, eff. July 1, 1997; Oct. 12, 1999, P.L.420, No.38, eff. 60 days; Oct. 2, 2002, P.L.841, No.122, eff. Nov. 1, 2002; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2009, P.L.494, No.49, eff. 60 days)
2009 Amendment. Act 49 amended subsec. (a.1)(1)(iii), (iv) and (v).
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
2002 Amendment. Act 122 amended subsec. (a.1).
1999 Amendment. Act 38 amended subsec. (a).
Court Costs. See section 5 of Act 167 of 1992 in the appendix to this title for special provisions relating to commencement of compensation increases.
References in Text. Section 477.15 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, referred to in subsec. (a), was repealed by the act of November 11, 1998 (P.L.882, No.111), known as the Crime Victims Act. The subject matter is now contained in Act 111.
Cross References. Section 3733 is referred to in section 3733.1 of this title; section 7511 of Title 18 (Crimes and Offenses); sections 1618, 3733 of Title 75 (Vehicles).
§ 3733.1. Surcharge.
(a) Imposition of surcharge.--In addition to each fee imposed under section 3733(a.1) (relating to deposits into account), except as set forth in subsection (b), the following apply:
(1) A surcharge of $11.25 shall be charged and collected. This paragraph shall expire December 31, 2014.
(2) A permanent fee of $2.25 shall be charged and collected.
(b) Exceptions.--Subsection (a) does not apply to a conviction or guilty plea based on the filing of a traffic citation charging an offense under 75 Pa.C.S. (relating to vehicles) which is classified as summary under a State statute or local ordinance as provided in the Pennsylvania Rules of Criminal Procedure.
(c) Allocation and appropriation.--
(1) The surcharge under subsection (a)(1) shall be allocated as follows:
(i) One dollar shall be deposited into the Access to Justice Account.
(ii) The remainder of money shall be deposited into a separate reserve account within the Judicial Computer System Augmentation Account. Notwithstanding section 3732 (relating to utilization of funds in account), money deposited under this subparagraph is hereby appropriated to the Supreme Court, upon compliance with Article XV of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, for the operation of the Judicial Department.
(2) The fee under subsection (a)(2) shall be deposited into the Criminal Justice Enhancement Account.
(Oct. 9, 2009, P.L.494, No.49, eff. 60 days; July 7, 2011, P.L.207, No.30, eff. imd.)
2011 Amendment. Act 30 amended subsec. (a)(1).
2009 Amendment. Act 49 added section 3733.1.
§ 3734. Annual appropriations.
Beginning with the fiscal year 1987-1988, the General Assembly shall appropriate initially from the General Fund and thereafter from the Judicial Computer System Augmentation Account funds sufficient to meet the costs of the initial startup and the ongoing operations of the Statewide judicial computer system.
§ 3735. Review of plan and contracts.
A copy of the plan for expenditure of appropriated funds and a copy of each contract prior to execution shall be submitted to the respective Chairmen of the Majority and Minority Appropriations Committees in the House of Representatives and the Senate, allowing a reasonable time for their review and comment.
PART V
ADMINISTRATION OF JUSTICE GENERALLY
Chapter
41. Administration of Justice
43. Dockets, Indices and Other Records
44. Court Interpreters
45. Juries and Jurors
47. DNA Data and Testing (Repealed)
49. Access to Justice
Enactment. Part V was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
CHAPTER 41
ADMINISTRATION OF JUSTICE
Subchapter
A. General Provisions
B. Temporary Assignment of Judges and Magisterial District Judges
C. Contempt of Court
Enactment. Chapter 41 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
4101. Coordination of activities.
4102. Liability insurance for district justices (Repealed).
§ 4101. Coordination of activities.
The several courts and magisterial district judges, all other system and related personnel, executive agencies and political subdivisions shall devise a practical and working basis for cooperation and coordination of activities, facilitating the performance of their respective duties and eliminating duplicating and overlapping of functions, and shall, so far as practical, cooperate with each other in the use of employees, land, buildings, quarters, facilities, services and equipment. Any agency or unit of the unified judicial system may empower or require an employee of any other government unit, subject to the consent of such other government unit, to perform any duty which might be required by such agency or unit of the system of its own employees, and any other government unit may empower or require an employee of any agency or unit of the system, subject to the consent of such agency or unit of the system, to perform any duty which might be required by such other government unit of its own employees.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 4102. Liability insurance for district justices (Repealed).
1979 Repeal. Section 4102 was repealed July 20, 1979, P.L.157, No.52, effective in 60 days.
SUBCHAPTER B
TEMPORARY ASSIGNMENT OF JUDGES AND
MAGISTERIAL DISTRICT JUDGES
Sec.
4121. Assignment of judges.
4122. Assignment of magisterial district judges.
4123. Assignment procedure.
4124. Assignment of senior Philadelphia Municipal Court judges.
Subchapter Heading. The heading of Subchapter B was amended November 30, 2004, P.L.1618, No.207, effective in 60 days.
§ 4121. Assignment of judges.
(a) General rule.--Subject to general rules any judge may be temporarily assigned to another court and may there hear and determine any matter with like effect as if duly commissioned to sit in such other court.
(b) Senior judges.--A senior judge may, with his consent, be assigned on temporary judicial service pursuant to subsection (a).
(c) Exception.--Only a judge who is a member of the bar of this Commonwealth shall be temporarily assigned to a court to which only members of the bar of this Commonwealth may be appointed or elected pursuant to section 3101 (relating to qualifications of judicial officers generally). A judge of the Pittsburgh Magistrates Court or the Traffic Court of Philadelphia may be temporarily assigned to a magisterial district with the same effect as an assignment pursuant to section 4122 (relating to assignment of magisterial district judges).
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (c). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1980 Amendment. Act 142 amended subsec. (b).
Philadelphia Municipal Court. Section 9(b) of Act 142 of 1976 provided that the President Judge of the Court of Common Pleas of Philadelphia County may assign temporarily judges of the Philadelphia Municipal Court to the Court of Common Pleas of Philadelphia County when required to expedite the business of the court.
Cross References. Section 4121 is referred to in sections 102, 564 of this title.
§ 4122. Assignment of magisterial district judges.
(a) General rule.--Subject to general rules any magisterial district judge may be temporarily assigned to any other magisterial district or the Pittsburgh Magistrates Court or the Traffic Court of Philadelphia, and may there hear and determine any matter with like effect as if duly commissioned to sit in such other district or in such court.
(b) Senior magisterial district judges.--A senior magisterial district judge who shall not have been defeated for reelection or been suspended or removed from office may, with the senior magisterial district judge's consent, be assigned on temporary magisterial service pursuant to subsection (a). A senior magisterial district judge shall be paid a per diem salary at the same annual rate as is applicable in the district where the senior magisterial district judge is temporarily assigned and shall receive expenses at the same per diem rate as other magisterial district judges temporarily assigned.
(c) Additional compensation.--A magisterial district judge, assigned by the president judge of the court of common pleas to perform additional duties for a district other than the one in which the magisterial district judge is elected, shall be entitled to receive additional compensation of $20 per day when the magisterial district judge performs assigned duties, except that no additional compensation shall be allowed for routine duties scheduled by the president judge of the court of common pleas. Any assignment, compensable under this subsection, for which the per diem exceeds $100 a calendar month shall be approved by the Court Administrator of Pennsylvania.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 20, 1979, P.L.157, No.52, eff. 60 days; July 10, 1984, P.L.708, No.150, eff. imd.; Dec. 19, 1984, P.L.1089, No.218, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Cross References. Section 4122 is referred to in sections 102, 4121 of this title
§ 4123. Assignment procedure.
The procedure for effecting temporary assignments of judges and magisterial district judges, the kind, amount and method of payment for travel, lodgings and subsistence, and all other matters related to such temporary assignments, shall be governed by general rules established by the Supreme Court except as otherwise specifically provided.
(July 20, 1979, P.L.157, No.52, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 4124. Assignment of senior Philadelphia Municipal Court judges.
A senior judge of the Philadelphia Municipal Court who has not been defeated for reelection or suspended or removed from office and who has served an aggregate of four years as an elected judge and who is required to retire at age 70 may, with his consent, be assigned on temporary judicial service to that court.
(July 10, 1984, P.L.708, No.150, eff. imd.)
1984 Amendment. Act 150 added section 4124.
SUBCHAPTER C
CONTEMPT OF COURT
Sec.
4131. Definitions (Reserved).
4132. Attachment and summary punishment for contempts.
4133. Commitment or fine for contempt.
4134. Commitment for failure to pay fine.
4135. Publication out of court.
4136. Rights of persons charged with certain indirect criminal contempts.
4137. Contempt powers of magisterial district judges.
4138. Contempt powers of Pittsburgh Magistrates Court.
4139. Contempt powers of Traffic Court of Philadelphia.
§ 4131. Definitions (Reserved).
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Amendment. Act 326 added section 4131 and renumbered former section 4131 to section 4132.
§ 4132. Attachment and summary punishment for contempts.
The power of the several courts of this Commonwealth to issue attachments and to impose summary punishments for contempts of court shall be restricted to the following cases:
(1) The official misconduct of the officers of such courts respectively.
(2) Disobedience or neglect by officers, parties, jurors or witnesses of or to the lawful process of the court.
(3) The misbehavior of any person in the presence of the court, thereby obstructing the administration of justice.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Amendment. Act 326 amended and renumbered section 4131 to section 4132 and renumbered former section 4132 to section 4133.
Cross References. Section 4132 is referred to in section 4133 of this title.
§ 4133. Commitment or fine for contempt.
Except as otherwise provided by statute, the punishment of commitment for contempt provided in section 4132 (relating to attachment and summary punishment for contempts) shall extend only to contempts committed in open court. All other contempts shall be punished by fine only.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Amendment. Act 326 amended and renumbered section 4132 to section 4133 and renumbered former section 4133 to section 4134.
§ 4134. Commitment for failure to pay fine.
The court may order the sheriff or other proper officer of any county to take into custody and commit to jail any person fined for a contempt until such fine shall be paid or discharged. If unable to pay such fine, such person may be committed to jail by the court for not exceeding three months.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Amendment. Act 326 amended and renumbered section 4133 to section 4134 and renumbered former section 4134 to section 4135.
§ 4135. Publication out of court.
(a) General rule.--Publication out of court respecting the conduct of judges, magisterial district judges, other system or related personnel, jurors or participants in connection with any matter pending before any tribunal shall not be construed as a contempt of court on the part of the author, publisher or other person connected with such publication.
(b) Civil and criminal liability not affected.--If any publication specified in subsection (a) shall improperly tend to bias the minds of the public, or of the tribunal, other system or related personnel, jurors or participants in connection with any matter pending before any tribunal, any person aggrieved thereby may proceed against the persons responsible for the publication by appropriate civil action or criminal proceeding.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1982 Amendment. Act 326 amended and renumbered section 4134 to section 4135 and renumbered former section 4135 to section 4136.
§ 4136. Rights of persons charged with certain indirect criminal contempts.
(a) General rule.--A person charged with indirect criminal contempt for violation of a restraining order or injunction issued by a court shall enjoy:
(1) The rights to bail that are accorded to persons accused of crime.
(2) The right to be notified of the accusation and a reasonable time to make a defense, if the alleged contempt is not committed in the immediate view or presence of the court.
(3) (i) Upon demand, the right to a speedy and public trial by an impartial jury of the judicial district wherein the contempt is alleged to have been committed.
(ii) The requirement of subparagraph (i) shall not be construed to apply to contempts:
(A) Committed in the presence of the court or so near thereto as to interfere directly with the administration of justice, or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court.
(B) Subject to 23 Pa.C.S. § 6114 (relating to contempt for violation of order or agreement).
(C) Subject to 75 Pa.C.S. § 4108(c) (relating to nonjury criminal contempt proceedings).
(4) The right to file with the court a demand for the withdrawal of the judge sitting in the proceeding, if the alleged contempt arises from an attack upon the character or conduct of such judge, and if the attack occurred otherwise than in open court. Upon the filing of any such demand, the judge shall thereupon proceed no further but another judge shall be designated by the court. The demand shall be filed prior to the hearing in the contempt proceeding.
(b) Punishment.--Except as otherwise provided in this title or by statute hereafter enacted, punishment for a contempt specified in subsection (a) may be by fine not exceeding $100 or by imprisonment not exceeding 15 days in the jail of the county where the court is sitting, or both, in the discretion of the court. Where a person is committed to jail for the nonpayment of such a fine, he shall be discharged at the expiration of 15 days, but where he is also committed for a definite time, the 15 days shall be computed from the expiration of the definite time.
(Apr. 28 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Dec. 19, 1990, P.L.1240, No.206, eff. 90 days)
§ 4137. Contempt powers of magisterial district judges.
(a) General rule.-- A magisterial district judge shall have the power to issue attachments and impose summary punishments for criminal contempts of a magisterial district judge court in the following cases:
(1) Misbehavior of any person in the presence of the court, thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a magisterial district judge.
(3) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to compensate the victim of the criminal conduct for the damage or injury sustained by the victim.
(4) Failure to comply with an order of a magisterial district judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(5) Violation of an order issued pursuant to 23 Pa.C.S. § 6110 (relating to emergency relief by minor judiciary).
(b) Limitation.--The power of contempt shall not include system and related personnel, attorneys or law enforcement officers when performing official duties or acting as officers of the court.
(c) Punishment.--Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days. Punishment for contempt specified in subsection (a)(5) shall be in accordance with that specified in 23 Pa.C.S. § 6114(b) (relating to contempt for violation of order or agreement). Punishment for contempt in subsection (a)(4) would be imprisonment for not more than 90 days.
(d) Procedure.--A magisterial district judge shall have the power to issue an attachment by means of a warrant and to conduct a hearing prior to the imposition of punishment for contempt. Any punishment imposed by a magisterial district judge for contempt shall be automatically stayed for a period of ten days from the date of imposition of the punishment during which time an appeal of the action of the magisterial district judge may be filed with the court of common pleas of the judicial district. The stay shall remain in effect pending the disposition of an appeal. Upon the filing of the appeal, the court of common pleas shall hear the matter de novo. On appeal, the accused shall have the right to be notified of the accusation and shall have a reasonable time to make a defense. The defendant shall not have a right to a jury trial on appeal.
(e) Bail.--A magisterial district judge may not impose bail as a condition of release of any person accused of contempt specified in subsection (a)(1), (2) or (3) during the period that punishment is stayed under subsection (d). A magisterial district judge may impose bail as a condition of release of any person who has committed contempt specified in subsection (a)(4) and (5).
(June 15, 1994, P.L.273, No.45, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended the heading and subsecs. (a), (d) and (e). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1994 Amendment. Act 45 added section 4137.
Suspension by Court Rule. Section 4137 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(1), adopted March 1, 2000, insofar as it is inconsistent with the 30-day appeal period and 30-day automatic stay period set forth in Rule 141 relating to preliminary hearing; continuances.
Cross References. Section 4137 is referred to in section 1523 of this title.
§ 4138. Contempt powers of Pittsburgh Magistrates Court.
(a) General rule.--The Pittsburgh Magistrates Court shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:
(1) Misbehavior of any person in the presence of the court thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a judge of the Pittsburgh Magistrates Court.
(3) Failure to comply with an order of a judge of the Pittsburgh Magistrates Court directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(b) Limitation.--The power of contempt shall not include system and related personnel, attorneys or law enforcement officers when performing official duties or acting as officers of the court.
(c) Punishment.--Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days.
(d) Procedure.--A judge of the Pittsburgh Magistrates Court shall have the power to issue an attachment by means of a warrant and to conduct a hearing prior to the imposition of punishment for contempt. Any punishment imposed by a judge of the Pittsburgh Magistrates Court for contempt shall be automatically stayed for a period of ten days from the date of imposition of the punishment during which time an appeal of the action of the judge of the Pittsburgh Magistrates Court may be filed with the court of common pleas of the judicial district. The stay shall remain in effect pending the disposition of an appeal. Upon the filing of the appeal, the court of common pleas shall hear the matter de novo. On appeal, the accused shall have the right to be notified of the accusation and shall have a reasonable time to make a defense. The defendant shall not have a right to a jury trial on appeal.
(June 15, 1994, P.L.273, No.45, eff. 60 days)
1994 Amendment. Act 45 added section 4138.
Suspension by Court Rule. Section 4138 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(1), adopted March 1, 2000, insofar as it is inconsistent with the 30-day appeal period and 30-day automatic stay period set forth in Rule 141 relating to preliminary hearing; continuances.
§ 4139. Contempt powers of Traffic Court of Philadelphia.
(a) General rule.--The Traffic Court of Philadelphia shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:
(1) Misbehavior of any person in the presence of the court thereby obstructing the administration of justice.
(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a traffic court judge.
(3) Failure to comply with an order of a traffic court judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.
(b) Limitation.--The power of contempt shall not include system and related personnel, attorneys or law enforcement officers when performing official duties or acting as officers of the court.
(c) Punishment.--Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100. Failure to pay within a reasonable time could result in imprisonment for not more than ten days.
(d) Procedure.--A traffic court judge shall have the power to issue an attachment by means of a warrant and to conduct a hearing prior to the imposition of punishment for contempt. Any punishment imposed by a traffic court judge for contempt shall be automatically stayed for a period of ten days from the date of imposition of the punishment during which time an appeal of the action of the traffic court judge may be filed with the court of common pleas of the judicial district. The stay shall remain in effect pending the disposition of an appeal. Upon the filing of the appeal, the court of common pleas shall hear the matter de novo. On appeal, the accused shall have the right to be notified of the accusation and shall have a reasonable time to make a defense. The defendant shall not have a right to a jury trial on appeal.
(June 15, 1994, P.L.273, No.45, eff. 60 days)
1994 Amendment. Act 45 added section 4139.
Suspension by Court Rule. Section 4139 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(1), adopted March 1, 2000, insofar as it is inconsistent with the 30-day appeal period and 30-day automatic stay period set forth in Rule 141 relating to preliminary hearing; continuances.
CHAPTER 43
DOCKETS, INDICES AND OTHER RECORDS
Subchapter
A. Establishment, Maintenance and Effect of Judicial Records
B. Disposition of Obsolete Records
Enactment. Chapter 43 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
SUBCHAPTER A
ESTABLISHMENT, MAINTENANCE AND EFFECT
OF JUDICIAL RECORDS
Sec.
4301. Establishment and maintenance of judicial records.
4302. Effect of records as notice.
4303. Effect of judgments and orders as liens.
4304. Notice of Federal pending actions.
4305. Federal judgments as liens.
4306. Enforcement of foreign judgments.
Cross References. Subchapter A is referred to in sections 4321, 4322 of this title.
§ 4301. Establishment and maintenance of judicial records.
(a) General rule.--All system and related personnel shall establish and maintain such records as shall be required by law.
(b) Supervision by Administrative Office.--All system and related personnel engaged in clerical functions shall establish and maintain all dockets, indices and other records and make and file such entries and reports, at such times, in such manner and pursuant to such procedures and standards as may be prescribed by the Administrative Office of Pennsylvania Courts with the approval of the governing authority. All such procedures and standards shall be uniform to the maximum extent practicable so as to facilitate the temporary assignment of personnel of the system, other than county staff, within the unified judicial system.
Cross References. Section 4301 is referred to in sections 2705, 4302 of this title.
§ 4302. Effect of records as notice.
(a) Real property.--Except as otherwise provided by statute or prescribed by general rule adopted pursuant to section 1722(b) (relating to enforcement and effect of orders and process), every document affecting title to or any other interest in real property which is filed and indexed in the office of the clerk of the court of common pleas of the county where the real property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county in the manner required by the laws, procedures or standards in effect at the date of such filing shall be constructive notice to all persons of the filing and full contents of such document.
(b) Documents relating to pending matters.--Documents relating to the pendency of a matter before any court filed in the office of the clerk of any court or other office within or related to and serving the unified judicial system shall be constructive notice to such persons, of such information and for such duration as may be provided by statute or prescribed by general rule adopted pursuant to section 4301 (relating to establishment and maintenance of judicial records).
(c) Foreign language documents.--A writing not in the English language shall not constitute notice to any person unless there is attached to it and filed with it a translation into the English language verified to be correct.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
§ 4303. Effect of judgments and orders as liens.
(a) Real property.--Any judgment or other order of a court of common pleas for the payment of money shall be a lien upon real property on the conditions, to the extent and with the priority provided by statute or prescribed by general rule adopted pursuant to section 1722(b) (relating to enforcement and effect of orders and process) when it is entered of record in the office of the clerk of the court of common pleas of the county where the real property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county.
(b) Order of court as lien.--Any other order of a court of common pleas shall be a lien upon real and personal property situated within any county embraced within the judicial district on the conditions, to the extent and with the priority provided by statute or prescribed by general rule adopted pursuant to section 1722(b).
(c) Transfer of domestic judgments and orders.--An order of any court of this Commonwealth which is a lien on real or personal property situated within any county of this Commonwealth pursuant to subsection (a) or (b) shall be a lien upon real or personal property situated within any other county to the same extent as if resulting from an order of the court of common pleas of such other county upon compliance with such transfer and filing procedures as may be prescribed by general rule.
(Oct. 5, 1980, P.L.693, No.142 eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. imd.)
1982 Amendment. Act 326 amended subsec. (a), retroactive to June 27, 1978.
§ 4304. Notice of Federal pending actions.
(a) General rule.--An action pending in a United States court within this Commonwealth concerning real property located within this Commonwealth shall be effective to give constructive notice of the action as it relates to the real property in the same manner, and to the same extent and under the same conditions as an action pending in a court of common pleas of this Commonwealth.
(b) Authorization for filing of notice of Federal actions.--Notice of an action pending in a United States court within this Commonwealth concerning real property located within this Commonwealth may be registered, recorded, docketed or indexed in the same manner or in the same place as notices of actions concerning real property pending in a court of common pleas of this Commonwealth are registered, recorded, docketed or indexed.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
§ 4305. Federal judgments as liens.
(a) General rule.--Except as provided in subsection (b), every judgment of a United States court within this Commonwealth shall, as provided by 28 United States Code § 1962 (relating to lien) or otherwise, be a lien on property located within this Commonwealth in the same manner, to the same extent and under the same conditions as a judgment of a court of common pleas of this Commonwealth and shall cease to be a lien in the same manner and time.
(b) Filing requirement.--The certified transcript of the judgment of the United States court shall be filed in the office of the clerk of the court of common pleas of the county where the property is located unless the judgment was rendered by such United States court within the county where the property is located.
(c) Authorization for filing of Federal judgments entered in other counties.--Any judgment of a United States court within this Commonwealth may be registered, recorded, filed, docketed, indexed or otherwise conformed to the rules and requirements relating to judgments of the courts of common pleas.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
§ 4306. Enforcement of foreign judgments.
(a) Short title of section.--This section shall be known and may be cited as the "Uniform Enforcement of Foreign Judgments Act."
(b) Filing and status of foreign judgments.--A copy of any foreign judgment including the docket entries incidental thereto authenticated in accordance with act of Congress or this title may be filed in the office of the clerk of any court of common pleas of this Commonwealth. The clerk shall treat the foreign judgment in the same manner as a judgment of any court of common pleas of this Commonwealth. A judgment so filed shall be a lien as of the date of filing and shall have the same effect and be subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of any court of common pleas of this Commonwealth and may be enforced or satisfied in like manner.
(c) Notice of filing.--
(1) At the time of the filing of the foreign judgment, the judgment creditor or his attorney shall make and file with the office of the clerk of the court of common pleas an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. In addition, such affidavit shall include a statement that the foreign judgment is valid, enforceable and unsatisfied.
(2) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the attorney for the judgment creditor, if any, in this Commonwealth. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(d) Stay.--
(1) If the judgment debtor shows the court of common pleas that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the State in which it was rendered.
(2) If the judgment debtor shows the court of common pleas any ground upon which enforcement of a judgment of any court of common pleas of this Commonwealth would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this Commonwealth.
(e) Optional procedure.--The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this section remains unimpaired.
(f) Definition.--As used in this section "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court requiring the payment of money which is entitled to full faith and credit in this Commonwealth.
Cross References. Section 4306 is referred to in section 3705 of Title 23 (Domestic Relations).
SUBCHAPTER B
DISPOSITION OF OBSOLETE RECORDS
Sec.
4321. Record retention schedules.
4322. Destruction and disposition of obsolete records.
4323. Form of permanent recordation.
4324. Copies of destroyed records.
4325. Duplicate permanent records.
4326. Original records meriting special care.
4327. Transfer of custody to local museum upon application.
§ 4321. Record retention schedules.
(a) General rule.--The governing authority, after consultation with the County Records Committee, shall by general rule prescribe schedules setting forth the conditions under which the records provided for in Subchapter A (relating to establishment, maintenance and effect of judicial records) may be disposed of, either with or without the establishment of a permanent copy thereof.
(b) Requirements for schedules.--Such schedules shall distinguish clearly between records of temporary value and records of permanent value, and no schedule shall be prescribed or revised which will permit the destruction of records of permanent value unless a permanent copy thereof is required to be maintained as provided in this subchapter. Such schedules insofar as they affect the records maintained by related staff, shall be consistent with the schedules prescribed by the County Records Committee.
§ 4322. Destruction and disposition of obsolete records.
(a) General rule.--Any person required to maintain records pursuant to Subchapter A (relating to establishment, maintenance and effect of judicial records) may destroy such records in conformity with this subchapter and the general rules prescribed hereunder. No such person shall be held liable on his official bond, or in the way of damages for loss, or in any other manner, civil or criminal, because of the destruction of records as authorized pursuant to this subchapter.
(b) Historical documents.--Any original records which are of historical value as may be determined by the City Archivist, in the case of City and County of Philadelphia, or by the Pennsylvania Historical and Museum Commission, in the case of any other county, shall be transferred to the Pennsylvania Historical and Museum Commission or to such other depositories as may be designated by the commission.
§ 4323. Form of permanent recordation.
Records which are classified as records of permanent value shall, prior to destruction or other removal from the office of the person having custody thereof, be processed in conformity with general rules so that they may be reproduced by any photostatic, photographic, microphotographic, microfilm, video tape, magnetic tape, or other mechanical process which produces a clear, accurate and permanent copy, microcopy or reproduction of the original, in accordance with standards not less than those approved for permanent records by the National Bureau of Standards.
§ 4324. Copies of destroyed records.
The photostatic, photographic, microphotographic, microfilmed or otherwise reproduced copy of any record destroyed or disposed of as authorized pursuant to this subchapter, or a certified copy thereof, shall be admissible in evidence in any matter, and shall have the same force and effect as though the original record had been produced and proved. It shall be the duty of the person who would have had custody of the original record, had it not been destroyed pursuant to law, to prepare enlarged, typed or photographic copies of such reproduced records whenever their production is required.
§ 4325. Duplicate permanent records.
In order to provide insurance for the more actively used working copies against damage or loss through wear or disaster, duplicate copies of all permanent records designated by the Administrative Office shall be maintained at such locations as shall be approved by the Administrative Office. Such designations insofar as they relate to the records maintained by related staff, shall be subject to the approval of the County Records Committee.
§ 4326. Original records meriting special care.
If, in the opinion of the person having custody of an original record, such original possesses sufficient value that it merits special care, he shall make a permanent copy of the record, which shall be officially certified and placed on file in lieu of the original record, and, with the approval of the Administrative Office, he shall transfer the original to the custody of such officer as shall be designated by the Administrative Office for permanent preservation.
§ 4327. Transfer of custody to local museum upon application.
(a) General rule.--Any nonprofit public, quasi-public, or private association or corporation situated within the county where the historical documents are filed, which maintains a museum, building or facilities used for the exhibit of historical writings, and which shall have adequate facilities for the display and preservation of such documents, may petition the court of common pleas of the judicial district embracing the county wherein such document or documents are filed for the transfer of the custody of such documents for the purpose of their public display. Upon the filing of any petition, the court shall fix a time for a hearing, and prescribe such notice to be given as shall acquaint similar organizations with the filing of the petition. Any other association or corporation meeting the requirements of this subsection may intervene in the proceedings with the same effect as if it had been the original petitioner, and the court, after hearing, may award custody of any historical document or documents to any of the petitioners for such term and upon such conditions as the court shall prescribe.
(b) Permanent copy substituted for original.--Upon the granting of a petition transferring custody of any historical documents, the officer from whose custody it was removed shall substitute in his files a certified permanent copy of such document, which shall be of the same force and effect as the original document.
(c) Petition for return of document.--The appropriate county officer may at any time, without cause, petition the court for the return of any historical document, the custody of which had been previously transferred to any person pursuant to subsection (a).
(d) Order for return on motion of court.--The court, after having taken jurisdiction of the transfer of any historical document, may, without cause, and upon its own motion, order the person having such temporary custody to return such document to the appropriate office wherein it had been originally filed.
(e) Definition.--As used in this section "historical document" means any document formerly belonging to a decedent or any other person, which document is more than 50 years old and which is in the custody of a register of wills, the recorder of deeds, the clerk of any court or the prothonotary, except documents relating to adoption, divorce or custody.
CHAPTER 44
COURT INTERPRETERS
Subchapter
A. General Provisions
B. Court Interpreters for Persons With Limited English Proficiency
C. Court Interpreters for Persons Who Are Deaf
Enactment. Chapter 44 was added November 29, 2006, P.L.1538, No.172, effective in 60 days.
Cross References. Chapter 44 is referred to in sections 562, 582 of Title 2 (Administrative Law and Procedure).
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
4401. Legislative findings and declaration.
4402. Definitions.
§ 4401. Legislative findings and declaration.
It is hereby declared to be the policy of this Commonwealth to secure the rights, constitutional and otherwise, of persons who because of a non-English speaking cultural background or who because of an impairment of hearing or speech are unable to understand or communicate adequately in the English language when they appear in court or are involved in judicial proceedings. It is the intent of this chapter to provide for the certification, appointment and use of interpreters to secure the rights of persons with limited English proficiency and persons who are deaf or hearing impaired in all judicial proceedings.
§ 4402. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Administrative proceeding." Any proceeding other than a judicial proceeding, the outcome of which is required to be based on a record or documentation prescribed by law or in which law or regulation is particularized in application to individuals. The term includes an appeal as defined in 2 Pa.C.S. § 101 (relating to definitions).
"Certified interpreter." A person who:
(1) is readily able to interpret; and
(2) is certified by the Court Administrator in accordance with either Subchapter B (relating to court interpreters for persons with limited English proficiency) or Subchapter C (relating to court interpreters for persons who are deaf).
"Court Administrator." The Court Administrator of Pennsylvania.
"Deaf." An impairment of hearing or speech which creates an inability to understand or communicate the spoken English language.
"Direct victim." A direct victim as defined in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.
"Immediate family member." A spouse, parent or child.
"Interpret." Either one of the following:
(1) For purposes of Subchapter B (relating to court interpreters for persons with limited English proficiency), to convey spoken and written English into the language of the person with limited English proficiency and to convey oral and written statements by the person with limited English proficiency into spoken English.
(2) For purposes of Subchapter C (relating to court interpreters for persons who are deaf), to convey spoken English in a manner understood by the person who is deaf through, but not limited to, American Sign Language and transliteration or the use of computer-aided real-time captioning (CART) or similar procedure, and to convey the communications made by the person who is deaf into spoken English.
"Interpreter." Includes both a certified interpreter and an otherwise qualified interpreter.
"Judicial proceeding." An action, appeal or proceeding in any court of this Commonwealth.
"Limited ability to speak or understand English." The ability to speak exclusively or primarily a language other than English and the inability to sufficiently speak or understand English.
"Otherwise qualified interpreter." A person who:
(1) For purposes of Subchapter B (relating to court interpreters for persons with limited English proficiency):
(i) is readily able to interpret; and
(ii) has read, understands and agrees to abide by the code of professional conduct for court interpreters for persons with limited English proficiency as established by the Court Administrator in accordance with Subchapter B.
(2) For purposes of Subchapter C (relating to court interpreters for persons who are deaf):
(i) is readily able to interpret;
(ii) is certified by the National Association of the Deaf, the Registry of Interpreters for the Deaf or similar registry; and
(iii) has read, understands and agrees to abide by the code of professional conduct for court interpreters for persons who are deaf as established by the Court Administrator in accordance with Subchapter C.
"Person who is deaf." A principal party in interest or a witness who is deaf.
"Person with limited English proficiency." A principal party in interest or a witness, who has limited ability to speak or understand English.
"Presiding judicial officer." Includes a judicial officer as defined in section 102 (relating to definitions).
"Principal party in interest." A person involved in a judicial proceeding who is a named party, defendant or direct victim in a criminal proceeding or proceeding, pursuant to Chapter 63 (relating to juvenile matters), will be bound by the decision or action or is foreclosed from pursuing that person's rights by the decision or action which may be taken in the judicial proceeding.
"Transliteration." To convey spoken or written English in an English-based sign system and the process of conveying an English-based sign system in spoken or written English.
"Witness." A person who testifies in a judicial proceeding.
SUBCHAPTER B
COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY
Sec.
4411. Duties of Court Administrator.
4412. Appointment of interpreter.
4413. Replacement of interpreter.
4414. Oath.
4415. Confidential communications in presence of interpreter.
4416. Cost of providing interpreter.
4417. Funding.
Cross References. Subchapter B is referred to in section 4402 of this title.
§ 4411. Duties of Court Administrator.
(a) Interpreter program.--The Court Administrator may establish a program to appoint and use certified interpreters in judicial proceedings. The program established by the Court Administrator to certify interpreters may include:
(1) establishing and administering a comprehensive testing and certification program for interpreters;
(2) establishing and adopting standards of proficiency, written and oral, in English and the language to be interpreted;
(3) conducting periodic examinations to ensure the availability of certified interpreters;
(4) prescribing, determining and certifying the qualifications of persons who may serve as certified interpreters for persons with limited English proficiency;
(5) charging reasonable fees as deemed necessary for testing and certification;
(6) reciprocity of certification for interpreters from other jurisdictions, provided that, in the judgment of the Court Administrator, the criteria for certification in the foreign jurisdiction is at least as stringent as that established by the Court Administrator;
(7) providing for the audio recording of testimony that is the subject of interpretation; and
(8) providing a continuing education requirement for interpreters.
(b) List of certified interpreters.--The Court Administrator shall compile, maintain and disseminate a current list of interpreters certified by the Court Administrator for the courts through any means deemed appropriate by the Court Administrator, including, but not limited to, a written directory, which shall be maintained on file with the office of the clerk of courts in each judicial district, and through publication on the official World Wide Web site of the Administrative Office.
(c) Guidelines for court selection of otherwise qualified interpreters.--The Court Administrator shall provide guidelines to the courts for the selection and use of otherwise qualified interpreters in order to ensure that the highest standards of accuracy are maintained in all judicial proceedings subject to the provisions of this subchapter.
(d) Fee schedule.--The Court Administrator shall prescribe, subject to periodic review, a schedule of reasonable fees for services rendered by certified interpreters and otherwise qualified interpreters used in judicial proceedings.
(e) Standards of professional conduct.--
(1) The Court Administrator shall establish and adopt standards for a code of professional conduct for court interpreters for persons with limited English proficiency.
(2) The Court Administrator shall establish, administer or recommend a process to review and respond to allegations of violations of the code of professional conduct for court interpreters for persons with limited English proficiency, including, but not limited to, decertification and other disciplinary measures.
§ 4412. Appointment of interpreter.
(a) Appointment of certified interpreter.--Upon request or sua sponte, if the presiding judicial officer determines that a principal party in interest or witness has a limited ability to speak or understand English, then a certified interpreter shall be appointed, unless the certified interpreter is unavailable as provided in subsection (b).
(b) Appointment of otherwise qualified interpreter.--
(1) An otherwise qualified interpreter shall be appointed by the presiding judicial officer if a good faith effort was made to obtain a certified interpreter and a certified interpreter was not reasonably available, as determined by the presiding judicial officer.
(2) Prior to the appointment of the otherwise qualified interpreter, the presiding judicial officer, pursuant to general rule, shall state on the record that a certified interpreter is not available and that the otherwise qualified interpreter:
(i) is readily able to interpret; and
(ii) has read, understands and agrees to abide by the code of professional conduct for court interpreters for persons with limited English proficiency, as established by the Court Administrator.
(c) Additional interpreter.--After consideration of the length of the judicial proceeding and the number of persons with limited English proficiency involved, the presiding judicial officer may appoint, as provided in subsections (a) and (b), an additional interpreter or provide for additional interpretation in a manner deemed appropriate by the presiding judicial officer.
(d) Immediate family.--The presiding judicial officer may appoint, as provided in subsections (a) and (b), an interpreter or provide for additional interpretation, as provided in subsection (c), for an immediate family member of a principal party in interest.
§ 4413. Replacement of interpreter.
Pursuant to general rule, the presiding judicial officer shall dismiss the interpreter and obtain the services of another interpreter in accordance with this subchapter if the interpreter:
(1) Fails to follow the standards prescribed by law or by the code of professional conduct for court interpreters for persons with limited English proficiency.
(2) Is unable to effectively communicate with the presiding judicial officer or the person with limited English proficiency, including where the interpreter self-reports such inability.
§ 4414. Oath.
Before commencement of interpreter duties, an interpreter appointed under this subchapter shall take an oath or make an affirmation on the record that the interpreter will make a true interpretation to the person with limited English proficiency in the language which the person with limited English proficiency understands and that the interpreter will repeat the statements of the person with limited English proficiency to the court in English to the best of the interpreter's skill and judgment and in accordance with the code of professional conduct for court interpreters for persons with limited English proficiency.
§ 4415. Confidential communications in presence of interpreter.
An interpreter appointed under this subchapter shall not be compelled to testify in any judicial proceeding or administrative proceeding to any statements made by the person with limited English proficiency and interpreted by the interpreter when the person with limited English proficiency is engaged in a confidential communication as provided by any statute or general rule, including, but not limited to:
(1) Section 5916 (relating to confidential communications to attorney).
(2) Section 5928 (relating to confidential communications to attorney).
(3) Section 5942 (relating to confidential communications to news reporters).
(4) Section 5943 (relating to confidential communications to clergymen).
(5) Section 5944 (relating to confidential communications to psychiatrists or licensed psychologists).
(6) Section 5945 (relating to confidential communications to school personnel).
(7) Section 5945.1 (relating to confidential communications with sexual assault counselors).
(8) Section 5945.2 (relating to confidential communications to crime stopper or similar anticrime program).
§ 4416. Cost of providing interpreter.
(a) General rule.--An interpreter appointed in accordance with this subchapter is entitled to a reasonable fee for interpreter services and shall be reimbursed for actual and reasonable expenses as provided in this section.
(b) Principal party in interest.--If the person with limited English proficiency is a defendant, party or a direct victim in a judicial proceeding for a criminal matter or juvenile proceeding pursuant to Chapter 63 (relating to juvenile matters), then the payment of the cost of providing the interpreter shall be the responsibility of the county of the court that has jurisdiction over the judicial proceeding for the criminal matter.
(c) Witness.--If the person with limited English proficiency is compelled to appear as a witness in a judicial proceeding for a criminal matter, then the payment of the cost of providing the interpreter shall be the responsibility of the county of the court that has jurisdiction over the judicial proceeding for the criminal matter.
(d) Payment determination.--Except as provided in subsections (b) and (c), disposition of all or part of the cost of providing interpreter services shall be in the discretion of the presiding judicial officer unless the principal party in interest is indigent. If the principal party in interest is indigent, then the cost of providing interpreter services shall be the responsibility of the county of the court that has jurisdiction over the judicial proceeding. The presiding judicial officer may order reimbursement to the county for its responsibilities under this section.
Cross References. Section 4416 is referred to in section 4417 of this title.
§ 4417. Funding.
Except as provided in section 4416 (relating to cost of providing interpreter), the General Assembly shall appropriate to the Court Administrator such sums as may be necessary to establish a program to facilitate the use of interpreters and otherwise fulfill the provisions of this subchapter. Implementation of this section is contingent upon the availability of appropriated funds to carry out the purposes of this section.
SUBCHAPTER C
COURT INTERPRETERS FOR PERSONS WHO ARE DEAF
Sec.
4431. Duties of Court Administrator.
4432. Appointment of interpreter.
4433. Replacement of interpreter.
4434. Interrogation.
4435. Oath.
4436. Confidential communications in presence of interpreter.
4437. Cost of providing interpreter.
4438. Funding.
Cross References. Subchapter C is referred to in section 4402 of this title.
§ 4431. Duties of Court Administrator.
(a) Interpreter program.--The Court Administrator may establish a program to appoint and use certified interpreters in judicial proceedings. To certify interpreters, the Court Administrator shall either:
(1) establish a program, which shall include:
(i) establishing and administering a comprehensive testing and certification program for interpreters;
(ii) establishing and adopting standards of proficiency, including, but not limited to, certification by the Registry of Interpreters for the Deaf or similar registry;
(iii) conducting periodic examinations to ensure the availability of certified interpreters;
(iv) prescribing, determining and certifying the qualifications of persons who may serve as certified interpreters; and
(v) charging reasonable fees as deemed necessary for testing and certification; or
(2) establish and support a certification program by any means as deemed appropriate by the Court Administrator.
(b) List of certified interpreters.--The Court Administrator shall compile, maintain and disseminate a current list of interpreters certified by the Court Administrator for the courts through any means deemed appropriate by the Court Administrator, including, but not limited to, a written directory, which shall be maintained on file with the office of the clerk of courts in each judicial district, and through publication on the official World Wide Web site of the Administrative Office.
(c) Guidelines for court selection of otherwise qualified interpreters.--The Court Administrator shall provide guidelines to the courts for the selection and use of otherwise qualified interpreters in order to ensure that the highest standards of accuracy are maintained in all judicial proceedings subject to the provisions of this subchapter.
(d) Fee schedule.--The Court Administrator shall prescribe, subject to periodic review, a schedule of reasonable fees for services rendered by certified interpreters and otherwise qualified interpreters used in judicial proceedings.
(e) Standards of professional conduct.--
(1) The Court Administrator shall establish and adopt standards for a code of professional conduct for court interpreters for persons who are deaf.
(2) The Court Administrator shall establish, administer or recommend a process to review and respond to allegations of violations of the code of professional conduct for court interpreters of persons who are deaf, including, but not limited to, decertification and other disciplinary measures.
§ 4432. Appointment of interpreter.
(a) Appointment of certified interpreter.--Upon request or sua sponte, if the presiding judicial officer determines that a principal party in interest or witness is deaf, then a certified interpreter shall be appointed, unless the certified interpreter is unavailable as provided in subsection (b).
(b) Appointment of otherwise qualified interpreter when certified interpreter is unavailable.--
(1) An otherwise qualified interpreter shall be appointed by the presiding judicial officer if a good faith effort was made to obtain a certified interpreter and a certified interpreter was not reasonably available, as determined by the presiding judicial officer.
(2) Prior to the appointment of the otherwise qualified interpreter, the presiding judicial officer, pursuant to general rule, shall state on the record that a certified interpreter is not available and that the otherwise qualified interpreter:
(i) is readily able to interpret;
(ii) is certified by the National Association of the Deaf, the Registry of Interpreters for the Deaf or similar registry to the best of the knowledge of the presiding judicial officer; and
(iii) has read, understands and agrees to abide by the code of professional conduct for court interpreters for persons who are deaf, as established by the Court Administrator.
(c) Additional interpreter.--After consideration of the length of the judicial proceeding, the special needs of the person who is deaf and the number of persons involved who are deaf, the presiding judicial officer may appoint, as provided in subsections (a) and (b), an additional interpreter or provide for additional interpretation in a manner deemed appropriate by the presiding judicial officer.
(d) Immediate family.--The presiding judicial officer may appoint, as provided in subsections (a) and (b), an interpreter or provide for additional interpretation, as provided in subsection (c), for an immediate family member of a principal party in interest.
Cross References. Section 4432 is referred to in section 4437 of this title.
§ 4433. Replacement of interpreter.
Pursuant to general rule, the presiding judicial officer shall dismiss the interpreter and obtain the services of another interpreter in accordance with this subchapter if the interpreter:
(1) Fails to follow the standards prescribed by law or by the code of professional conduct for court interpreters for persons who are deaf.
(2) Is unable to effectively communicate with the presiding judicial officer or the person who is deaf, including where the interpreter self-reports such inability.
Cross References. Section 4433 is referred to in section 4437 of this title.
§ 4434. Interrogation.
Upon the arrest of any person who is deaf and prior to interrogation, the arresting officer shall make available to the person who is deaf an interpreter who shall be present with the person who is deaf throughout the interrogation.
§ 4435. Oath.
Before commencement of interpreter duties, an interpreter appointed under this subchapter shall take an oath or make an affirmation on the record that the interpreter will make a true interpretation to the person who is deaf in a manner that the person who is deaf understands and that the interpreter will repeat the statements of the person who is deaf to the court in English to the best of the interpreter's skill and judgment and in accordance with the code of professional conduct for court interpreters for persons who are deaf.
§ 4436. Confidential communications in presence of interpreter.
An interpreter appointed under this subchapter shall not be compelled to testify in any judicial proceeding or administrative proceeding to any statements made by the person who is deaf and interpreted by the interpreter when the person who is deaf is engaged in a confidential communication as provided by any statute or general rule, including, but not limited to:
(1) Section 5916 (relating to confidential communications to attorney).
(2) Section 5928 (relating to confidential communications to attorney).
(3) Section 5942 (relating to confidential communications to news reporters).
(4) Section 5943 (relating to confidential communications to clergymen).
(5) Section 5944 (relating to confidential communications to psychiatrists or licensed psychologists).
(6) Section 5945 (relating to confidential communications to school personnel).
(7) Section 5945.1 (relating to confidential communications with sexual assault counselors).
(8) Section 5945.2 (relating to confidential communications to crime stopper or similar anticrime program).
§ 4437. Cost of providing interpreter.
(a) General rule.--Except as provided by general rule and in subsection (b), an interpreter appointed in accordance with this subchapter is entitled to a reasonable fee for the services of the interpreter and shall be reimbursed for actual and reasonable expenses by the county that has jurisdiction over the judicial proceeding.
(b) Payment determination of certain costs.--Disposition of all or part of the cost of providing an interpreter appointed in accordance with section 4432(d) (relating to appointment of interpreter) shall be in the discretion of the court that has jurisdiction over the judicial proceeding. In no event shall the cost of providing interpreter services be the responsibility of the person who is deaf. If the principal party in interest is indigent, then the cost of providing interpreter services shall be the responsibility of the county of the court that has jurisdiction over the judicial proceeding. The presiding judicial officer may order reimbursement to the county for its responsibilities under this subchapter.
Cross References. Section 4437 is referred to in section 4438 of this title.
§ 4438. Funding.
Except as provided in section 4437 (relating to cost of providing interpreter), the General Assembly shall appropriate to the Court Administrator such sums as may be necessary to establish a program to facilitate the use of interpreters and otherwise fulfill the provisions of this subchapter. Implementation of this section is contingent upon the availability of appropriated funds to carry out the purposes of this section.
CHAPTER 45
JURIES AND JURORS
Subchapter
A. Qualifications and Exemptions
B. Selection and Custody of Jurors
C. Summoning Jurors
D. Investigating Grand Juries
E. Miscellaneous Provisions
F. Penalties
Enactment. Chapter 45 (Reserved) was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53, and the remaining provisions of Chapter 45 were added June 26, 1980, P.L.266, No.78, effective immediately.
Special Provisions in Appendix. See sections 5 and 6 of Act 78 of 1980 in the appendix to this title for special provisions relating to applicability and implementation of Chapter 45 and validity of interim proceedings.
SUBCHAPTER A
QUALIFICATIONS AND EXEMPTIONS
Sec.
4501. Declaration of policy.
4502. Qualifications of jurors.
4503. Exemptions from jury duty.
§ 4501. Declaration of policy.
It is the policy of this Commonwealth that:
(1) All persons entitled to a jury trial in a civil action or criminal proceeding shall have the right to jurors selected at random from a representative cross section of the eligible population of the county.
(2) All qualified citizens shall have the opportunity to be considered for service as jurors in the courts of this Commonwealth and shall have an obligation to serve as jurors when summoned for that purpose.
(3) A citizen shall not be excluded from service as a juror on the basis of race, color, religion, sex, national origin or economic status.
§ 4502. Qualifications of jurors.
(a) General rule.--Every citizen of this Commonwealth who is of the required minimum age for voting for State or local officials and who resides in the county shall be qualified to serve as a juror therein unless such citizen:
(1) is unable to read, write, speak and understand the English language;
(2) is incapable, by reason of mental or physical infirmity, to render efficient jury service; or
(3) has been convicted of a crime punishable by imprisonment for more than one year and has not been granted a pardon or amnesty therefor.
(b) Definition.--For purposes of this section, "convicted of a crime punishable by imprisonment for more than one year" does not include a conviction for any offense under or violation of the former act of May 1, 1929 (P.L.905, No.403), known as The Vehicle Code, or the former act of April 29, 1959 (P.L.58, No.32), known as The Vehicle Code, which offense or violation, if it had been committed after July 1, 1977:
(1) would have been substantially similar to an offense currently graded as a summary offense under 75 Pa.C.S. (relating to vehicles); or
(2) would not have been a violation of law.
(Dec. 17, 2001, P.L.944, No.113, eff. imd.)
Cross References. Section 4502 is referred to in sections 4521, 4522, 4523 of this title.
§ 4503. Exemptions from jury duty.
(a) General rule.--No person shall be exempt or excused from jury duty except the following:
(1) Persons in active service of the armed forces of the United States or of the Commonwealth of Pennsylvania.
(2) Persons who have served within three years next preceding on any jury except a person who served as a juror for fewer than three days in any one year in which case the exemption period shall be one year.
(3) Persons demonstrating to the court undue hardship or extreme inconvenience may be excused permanently or for such period as the court determines is necessary, and if excused for a limited period shall, at the end of the period, be assigned to the next jury array.
(4) Spouses, children, siblings, parents, grandparents and grandchildren of victims of criminal homicide under 18 Pa.C.S. § 2501 (relating to criminal homicide).
(b) Challenges.--This subchapter shall not affect the existing practice with respect to peremptory challenges and challenges for cause.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Oct. 17, 2002, P.L.886, No.128, eff. 60 days)
Cross References. Section 4503 is referred to in sections 4521, 4523, 4584 of this title.
SUBCHAPTER B
SELECTION AND CUSTODY OF JURORS
Sec.
4521. Selection of prospective jurors.
4521.1. Statewide jury information system.
4522. List of qualified jurors.
4523. List of disqualified jurors.
4524. Selection of jurors for service.
4525. Equipment used for selection of jurors.
4526. Challenging compliance with selection procedures.
4527. Effect of verdict on jury selection errors.
Cross References. Subchapter B is referred to in section 2124 of this title.
§ 4521. Selection of prospective jurors.
(a) Preparation of master list of prospective jurors.--
(1) At least annually the jury selection commission shall prepare a master list of prospective jurors that shall contain the most recent available address for prospective jurors.
(2) The list shall also contain all voter registration lists for the county, which lists may be incorporated by reference, or names from such other lists which in the opinion of the commission will provide a number of names of prospective jurors which is equal to or greater than the number of names contained in the voter registration list.
(3) The commission may, but will not be required to, supplement the master list of prospective jurors to include, without being limited to, persons in any of the following categories:
(i) Persons listed in telephone, city, municipal directories and similar directories.
(ii) Persons in the county participating in any State, county or local program authorized by law and, to the extent such names are available, persons participating in any Federal program authorized by law.
(iii) Persons who are on school census lists.
(iv) Any other person whose name does not appear in the master list of prospective jurors and who meets the qualifications for jurors set forth in this chapter and who makes application to the commission to be listed on the master list of prospective jurors.
(v) Persons who appear on the list provided to the county pursuant to section 4521.1 (relating to Statewide jury information system) may be used to supplement or substitute the master jury list.
(b) Maintenance of and access to master list of prospective jurors.--The group of names compiled as set forth in subsection (a) shall constitute the master list of prospective jurors. The list shall be open to the public for inspection.
(c) Selection of names for jury service.--At least once each year the commission shall select at random from the master list of prospective jurors the number of names designated by the president judge pursuant to court orders issued under section 4531 (relating to issuance of court orders for jurors).
(d) Juror qualification form.--
(1) The commission may mail to each person whose name has been selected in the manner set forth in subsection (c) a juror qualification form devised by the commission in such manner that the commission may determine from the answers to the questions on the form whether or not the prospective juror is qualified. The questions asked in such juror qualification form shall be limited to matters reasonably calculated to permit a determination of the person's qualifications to serve as a juror.
(2) The juror qualification form shall be executed by the prospective juror and shall plainly and conspicuously state thereon that its execution is subject to the penalty for perjury. If the person is unable to fill out the form, another person may fill it out for him, indicate that he has done so, and the reason therefor. The prospective juror shall mail or deliver the completed form to the commission.
(3) If the form does not appear to be properly executed, the commission shall return the form to the prospective juror with instructions to make such additions or corrections as may be necessary and return it to the commission within the time specified.
(4) Any person who fails to return the juror qualification form as directed may be summoned by the commission to appear at the offices of the commission to fill out a juror qualification form or to resolve any ambiguity contained therein.
(e) Selection in certain counties.--In those counties which do not use the juror qualification form as provided for in subsection (d), the selection of persons for jury service shall be made in accordance with section 4524 (relating to selection of jurors for service) and provision shall be made for the collection of information with the summons in order to comply with sections 4502 (relating to qualifications of jurors) and 4503 (relating to exemptions from jury duty).
(f) Compelling compliance with section.--On application by the commission, the court shall compel compliance with subsections (a)(2), (3) and (4) and (d). Officials of political subdivisions and Commonwealth officials having custody, possession or control of lists of names described in this section shall, upon request of the commission, make such lists available to the commission for inspection, reproduction and copying but shall not be required or permitted to:
(1) provide the commission with information other than the name, mailing address and municipality of residence of such person; or
(2) provide the commission with or otherwise disclose records or information which the Attorney General by regulation determines to be privileged from disclosure.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; July 17, 2007, P.L.123, No.37, eff. 120 days)
2007 Amendment. Act 37 amended subsec. (a).
Cross References. Section 4521 is referred to in sections 4521.1, 4522 of this title.
§ 4521.1. Statewide jury information system.
(a) General rule.--Notwithstanding any prohibition found in any other law, regulation or rule to the contrary, the following departments shall submit to the Court Administrator of Pennsylvania, in a format provided herein, a list of individuals as designated for that department to be included in a Statewide jury information system on or before October 31 of each year:
(1) The Department of Public Welfare - every individual resident in this Commonwealth who receives cash assistance or food stamps pursuant to a Federal or State program through the department except as prohibited by Federal law or regulation.
(2) The Department of Transportation - every individual resident in this Commonwealth who has been issued a driver's license pursuant to 75 Pa.C.S. Ch. 15 (relating to licensing of drivers).
(3) The Department of Revenue - every individual resident who files a return for the payment of taxes imposed by the Commonwealth under Article III of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
(4) The Department of State - every individual resident who is listed as a registered voter under 25 Pa.C.S. Pt. IV (relating to voter registration).
(b) Identifying information.--Each list submitted by a department pursuant to subsection (a) shall contain only the following identifying information, if available, of an individual to be included in the Statewide jury information system:
(1) Name, including first, middle and last names, including any suffixes.
(2) Except as provided in 23 Pa.C.S. Ch. 67 (relating to domestic and sexual violence victim address confidentiality), each individual's street address, municipality and zip code.
(3) Date of birth.
(4) The last four digits of the individual's Social Security number.
(c) Duties of Court Administrator.--The Court Administrator of Pennsylvania shall annually collect information for creation of a Statewide jury information system. This shall be completed by:
(1) Collecting the names from the departments as submitted under subsection (a).
(2) Combining each individual department list submitted into a master list.
(3) Removing any information that identifies the source of the information submitted pursuant to subsection (a).
(4) Assembling the names into groups arranged by the county of residence for each individual on the master list.
(5) Removing duplicate names from each county list.
(d) Dissemination.--
(1) Upon request from the jury selection commission of the county, the Court Administrator of Pennsylvania shall make available to the requesting county the list of names for that county from the Statewide jury information system. In providing the information, the Court Administrator of Pennsylvania shall only provide the name, address and date of birth of each individual on the list being provided. All other identifying information shall be removed from any list made available pursuant to the request. Under no circumstances may the Court Administrator of Pennsylvania include any other identifying information.
(2) Upon request from the Clerk of Court for a United States District Court, the Court Administrator shall make available to the requesting Clerk of Court the list of names for the counties comprising the district within the jurisdiction of the requesting court from the Statewide jury information system. In providing the information, the Court Administrator shall only provide the name, address and date of birth of each individual on the list being provided. All other identifying information shall be removed from any list made available pursuant to the request. Under no circumstances may the Court Administrator include any other identifying information.
(e) Restrictions on use of information.--Information provided by the departments to the Court Administrator of Pennsylvania shall be provided by agreement executed by the appropriate authorities. The agreement shall include, but not be limited to, the following conditions:
(1) Information required pursuant to this section will be provided only in an electronic form as determined by the Court Administrator of Pennsylvania.
(2) The information provided shall be used only for the purpose provided in this section and for no other purpose.
(3) Except for the purpose of internal review and compliance by the Court Administrator of Pennsylvania, no lists may be printed from the information submitted, created or produced under this section.
(4) Except as provided in section 4521(b) (relating to selection of prospective jurors), any rerelease of the information provided pursuant to this section is strictly prohibited.
(5) The Statewide jury information system and any list provided by the Court Administrator of Pennsylvania to the county jury selection commission pursuant to this section may not reveal the source of names on that list or indicate in any way the source of the names submitted pursuant to subsection (a).
(6) Except as provided in section 4521(b), nothing submitted, created or produced under this section shall constitute a public document, nor shall it be subject to release or disclosure under the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, or any other similar rule, enactment or decision.
(July 17, 2007, P.L.123, No.37, eff. 120 days; July 4, 2008, P.L.286, No.35, eff. July 1, 2008)
2008 Amendment. Act 35 amended subsec. (d).
2007 Amendment. Act 37 added section 4521.1.
References in Text. The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (e)(6), was repealed by the act of Feb. 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
Cross References. Section 4521.1 is referred to in section 4521 of this title.
§ 4522. List of qualified jurors.
After receipt of the juror qualification forms as provided in section 4521(d) (relating to selection of prospective jurors), the jury selection commission shall determine whether or not those individuals returning the forms are qualified for jury service, as provided in section 4502 (relating to qualifications of jurors). The names of qualified persons compiled as set forth in this section shall constitute the list of persons who are qualified to serve as jurors and shall be open for public inspection.
§ 4523. List of disqualified jurors.
(a) Maintenance of list.--The jury selection commission shall create and maintain a list of names of all prospective jurors who have been disqualified and the reasons for their disqualification. The list shall be open for public inspection.
(b) Relatives of criminal homicide victims.--Any persons who are exempt or excused from jury duty under section 4503(a)(4) (relating to exemptions from jury duty) may petition the jury selection commission to have their names placed on the list of disqualified jurors. Any persons so placed on the list may, at any time, petition for removal of their names from the list unless they are otherwise disqualified under section 4502 (relating to qualifications of jurors).
(Oct. 17, 2002, P.L.886, No.128, eff. 60 days)
§ 4524. Selection of jurors for service.
Except as otherwise provided in section 4525 (relating to equipment used for selection of jurors), the jury selection commission shall maintain a master list or jury wheel and shall place therein the names of persons included on the list of qualified jurors. Upon receipt of a court order pursuant to section 4531 (relating to issuance of court orders for jurors), the commission shall publicly select at random from the master list or jury wheel such number of names of persons as may be required to be summoned for assignment to jury arrays. A separate list of names and addresses of persons assigned to each jury array shall be prepared and made available for public inspection at the offices of the commission no later than 30 days prior to the first date on which the array is to serve.
Renumbering. Section 4531, referred to in section 4524, was renumbered from 4541 pursuant to section 216(a)(1) of the act of October 5, 1980 (P.L.693, No.142).
Cross References. Section 4524 is referred to in section 4521 of this title.
§ 4525. Equipment used for selection of jurors.
The jury selection commission is authorized, but not required, to use mechanical or electro-mechanical devices or business machines in the random selection, drawing, investigating, summoning and listing of jurors.
Cross References. Section 4525 is referred to in section 4524 of this title.
§ 4526. Challenging compliance with selection procedures.
(a) Challenge to array.--Within ten days after publication of the array a party to a matter on a then published list of cases scheduled for jury trial may petition the court to stay the proceedings in the case where he is a party and to select a new jury array, or for other appropriate relief, on the ground of failure to substantially comply with this subchapter.
(b) Hearing on petition.--At the hearing on the petition filed under subsection (a), the moving party is entitled to present in support of the petition the testimony of the jury commissioners or their clerks, any relevant records and papers not public or otherwise available used by the jury commissioners or their clerks and any other relevant evidence. If the court determines that in selecting persons to fill the array the commissioners have failed to substantially comply with this subchapter, the court shall stay the proceedings requiring the service of jurors pending the selection of a new array in conformity with this subchapter or may grant other appropriate relief.
(c) Exclusive remedy.--Unless and until suspended or superseded by general rules, the procedures prescribed by this section are the exclusive means by which a person accused of a crime, the Commonwealth or a party in a civil case may challenge an array of jurors on the ground that the array was not selected in conformity with this subchapter.
(d) Records.--The contents of any records or papers used by the jury commissioners or their clerks in connection with the selection process and not made public under this subchapter shall not be disclosed (except in connection with the preparation or presentation of a petition filed under subsection (a)) until after the list of qualified jurors or jury wheel has been emptied and refilled and all persons selected to serve as jurors before the list of qualified jurors or jury wheel was emptied have been discharged.
(e) Challenge to panel of jurors.--A jury panel for the trial of any case may be challenged only on the grounds that it was not selected at random from the array. Such challenge must be made by a party immediately after the panel of jurors has been selected by the administrative staff of the court and before interrogation of jurors commences.
(f) Other challenges.--Nothing in this subchapter shall affect the existing practice with respect to peremptory challenges and challenges for cause.
§ 4527. Effect of verdict on jury selection errors.
Except as otherwise prescribed by general rule, errors and omissions in the selection of jurors under this subchapter shall not constitute grounds to set aside any jury verdict in any civil or criminal matter or to arrest, reverse, open or strike any judgment entered on a jury verdict, and the trial by jury and its rendition of a verdict in any matter shall constitute a waiver of all such errors and omissions.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Amendment. Act 326 added section 4527.
SUBCHAPTER C
SUMMONING JURORS
Sec.
4531. Issuance of court orders for jurors.
4532. Summoning persons to serve as jurors.
§ 4531. Issuance of court orders for jurors.
Court orders directing the jury selection commission to select an array of jurors shall be issued in the form prescribed by general rules or rule of court.
Renumbering. Section 4531 was renumbered from 4541 pursuant to section 216(a)(1) of the act of October 5, 1980 (P.L.693, No.142).
Cross References. Section 4531 is referred to in sections 4521, 4524 of this title.
§ 4532. Summoning persons to serve as jurors.
Persons who have been selected for service as jurors shall be summoned to serve in a manner determined by the jury selection commission with the concurrence of the president judge.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
Renumbering. Section 4532 was renumbered from 4542 pursuant to section 216(a)(1) of the act of October 5, 1980 (P.L.693, No.142).
SUBCHAPTER D
INVESTIGATING GRAND JURIES
Sec.
4541. Short title of subchapter.
4542. Definitions.
4543. Convening county investigating grand jury.
4544. Convening multicounty investigating grand jury.
4545. Composition of investigating grand jury.
4546. Term of investigating grand jury.
4547. Additional investigating grand juries.
4548. Powers of investigating grand jury.
4549. Investigating grand jury proceedings.
4550. Submission of investigations by attorney for the Commonwealth to investigating grand jury.
4551. Investigating grand jury presentments.
4552. Investigating grand jury reports.
4553. Expenses of investigating grand juries and trials resulting therefrom.
Enactment. Subchapter D was added and former Subchapter D was relettered to Subchapter E October 5, 1980, P.L.693, No.142, effective in 60 days.
Cross References. Subchapter D is referred to in section 8931 of this title.
§ 4541. Short title of subchapter.
This subchapter shall be known and may be cited as the "Investigating Grand Jury Act."
Renumbering. Former section 4541 was renumbered 4531 pursuant to section 216(a)(1) of the act of October 5, 1980 (P.L.693, No.142).
§ 4542. Definitions.
The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Attorney for the Commonwealth." The district attorney of the county in which a county investigating grand jury is summoned, or his designee, or the Attorney General or his designee if the Attorney General has superseded the district attorney; the Attorney General, or his designee, with respect to multicounty investigating grand juries.
"Investigating grand jury." The county investigating grand jury or the multicounty investigating grand jury or both.
"Investigating grand jury presentment." A written formal recommendation by an investigating grand jury that specific persons be charged with specific crimes.
"Investigating grand jury report." A report submitted by the investigating grand jury to the supervising judge regarding conditions relating to organized crime or public corruption or both; or proposing recommendations for legislative, executive, or administrative action in the public interest based upon stated findings.
"Investigative resources of the grand jury." The power to compel the attendance of investigating witnesses; the power to compel the testimony of investigating witnesses under oath; the power to take investigating testimony from witnesses who have been granted immunity; the power to require the production of documents, records and other evidence; the power to obtain the initiation of civil and criminal contempt proceedings; and every investigative power of any grand jury of the Commonwealth.
"Multicounty investigating grand jury." A Statewide or regional investigating grand jury convened by the Supreme Court upon the application of the Attorney General and having jurisdiction to inquire into organized crime or public corruption or both under circumstances wherein more than one county is named in the order convening said investigating grand jury.
"Organized crime." The unlawful activity of an association trafficking in illegal goods or services, including but not limited to gambling, prostitution, loan sharking, controlled substances, labor racketeering, or other unlawful activities; or any continuing criminal conspiracy or other unlawful practice which has as its objective:
(1) large economic gain through fraudulent or coercive practices; or
(2) improper governmental influence.
"Public corruption." The unlawful activity under color of or in connection with any public office or employment of:
(1) any public official or public employee, or the agent of any public official or public employee under color of or in connection with any public office or employment; or
(2) any candidate for public office or the agent of any candidate for public office.
"Supervising judge." The common pleas judge designated by the president judge to supervise the activities of the county investigating grand jury, or the common pleas judge designated by the Supreme Court to supervise the activities of the multicounty investigating grand jury.
"Supreme Court." The Chief Justice of Pennsylvania or any other justice of the Supreme Court designated by or pursuant to general rule to act for the court under this subchapter.
Renumbering. Former section 4542 was renumbered 4532 pursuant to section 216(a)(1) of the act of October 5, 1980 (P.L.693, No.142).
§ 4543. Convening county investigating grand jury.
(a) General rule.--In addition to such other grand juries as are called from time to time, county investigating grand juries shall be summoned as provided in subsection (b).
(b) On the initiative of attorney for Commonwealth.--Application may be made to the president judge of the appropriate court of common pleas by the attorney for the Commonwealth for an order directing that a county investigating grand jury be summoned, stating in such application that the convening of a county investigating grand jury is necessary because of the existence of criminal activity within the county which can best be fully investigated using the investigative resources of the grand jury. Within ten days of receipt of such application, the president judge shall issue an order granting the request. The order shall specify which judge is to be the supervising judge of the county investigating grand jury. Refusal to grant an application under this subsection shall be appealable to the Supreme Court in the manner prescribed by general rule.
(c) On the initiative of the court.--In the absence of an order under subsection (b), the president judge of the court of common pleas upon his own motion may issue an order directing that a county investigating grand jury be summoned, except that the summoning of such grand jury may, in the discretion of the court, be stayed if the district attorney of the county and the Attorney General both certify to the court that, in their judgments, the summoning of such grand jury is not necessary at such time.
(d) Manner of impaneling.--The county investigating grand jury shall be impaneled in the manner provided or prescribed by law.
Cross References. Section 4543 is referred to in sections 4544, 4547 of this title.
§ 4544. Convening multicounty investigating grand jury.
(a) General rule.--Application for a multicounty investigating grand jury may be made by the Attorney General to the Supreme Court. In such application the Attorney General shall state that, in his judgment, the convening of a multicounty investigating grand jury is necessary because of organized crime or public corruption or both involving more than one county of the Commonwealth and that, in his judgment, the investigation cannot be adequately performed by an investigating grand jury available under section 4543 (relating to convening county investigating grand jury). The application shall specify for which counties the multicounty investigating grand jury is to be convened. Within ten days of receipt of such application, the court shall issue an order granting the same. Failure by an individual justice to grant such application shall be appealable to the entire Supreme Court.
(b) Contents of order.--An order issued under subsection (a) shall:
(1) convene a multicounty investigating grand jury having Statewide jurisdiction, or jurisdiction over all counties requested in the application by the Attorney General;
(2) designate a judge of a court of common pleas to be the supervising judge over such multicounty investigating grand jury and provide that such judge shall with respect to investigations, presentments, reports, and all other proper activities of said investigating multicounty grand jury, have jurisdiction over all counties in the jurisdiction of said multicounty investigating grand jury;
(3) designate the counties which shall supply jurors and in what ratios;
(4) designate a location or locations for the multicounty investigating grand jury proceeding; and
(5) provide for such other incidental arrangements as may be necessary including the Commonwealth's share of expenses.
All matters to be included in such order shall be determined by the justice issuing the order in any manner which he deems appropriate, except that the Supreme Court may adopt general rules, consistent with the provisions of this section, establishing standard procedures for the convening of multicounty investigating grand juries.
(c) Manner of impaneling.--The multicounty investigating grand jury shall be impaneled in the manner provided or prescribed by law.
(d) Effect on district attorneys.--The impaneling of a multicounty investigating grand jury shall in no way diminish the responsibility and the authority of the district attorneys within their jurisdictions to investigate and prosecute organized crime or public corruption or both.
Cross References. Section 4544 is referred to in sections 1906, 4547 of this title.
§ 4545. Composition of investigating grand jury.
(a) General rule.--Each investigating grand jury shall be composed initially of 23 members and have a minimum of seven and not more than 15 alternates. Subsequent vacancies shall be filled by substituting alternates for the members who are excused or otherwise unable to continue their service.
(b) Quorum and manner of action.--Fifteen members shall constitute a quorum and may conduct business for the investigating grand jury. A majority of the full investigating grand jury shall be required to adopt a report or issue a presentment.
(c) Officers.--The supervising judge shall appoint a foreman from among the members of the investigating grand jury. The members of the investigating grand jury shall then elect a secretary.
(Dec. 20, 2000, P.L.742, No.105, eff. 60 days)
2000 Amendment. Act 105 amended subsec. (a).
§ 4546. Term of investigating grand jury.
(a) General rule.--An investigating grand jury shall not be limited in duration to any term of court. Each such investigating grand jury shall, except as provided in subsections (b) and (c), serve for a term of 18 months, unless an order for discharge shall be entered earlier by the court upon the determination of such investigating grand jury, by majority vote, that its business has been completed.
(b) Extension on initiative of grand jury.--If, at the end of its original term or any extension thereof, any investigating grand jury determines by majority vote that it has not completed its business, it may request the court to extend its term for an additional period of six months, except that no such investigating grand jury term shall exceed 24 months from the time it was originally summoned. The court shall issue an order granting a request for extension unless it determines that such request is clearly without basis. Failure to grant an extension of term under this subsection may be appealed by the attorney for the Commonwealth to the Supreme Court in the manner prescribed by general rule. If an appeal is taken, the grand jury, except as otherwise prescribed by general rule, shall continue to exercise its powers pending the disposition of the appeal.
(c) Discharge by court.--If, at any time within the original term of any investigating grand jury or any extension thereof, the court determines that the investigating grand jury is not conducting proper investigative activity, the court may order that such grand jury be discharged. An order of discharge under this subsection shall not become effective less than ten days after the date on which it is issued and actual notice given to the attorney for the Commonwealth and the foreman of the investigating grand jury, and may be appealed by the attorney for the Commonwealth to the Supreme Court in the manner prescribed by general rule. If an appeal is taken, the grand jury, except as otherwise prescribed by general rule, shall continue to exercise its powers pending the disposition of the appeal.
§ 4547. Additional investigating grand juries.
Whenever the attorney for the Commonwealth determines that the volume of work of an investigating grand jury exceeds the capacity of the investigating grand jury to discharge its obligations, he may make application to the court to impanel additional investigating grand juries under the provisions of section 4543 (relating to convening county investigating grand jury) and section 4544 (relating to convening multicounty investigating grand jury).
§ 4548. Powers of investigating grand jury.
(a) General rule.--The investigating grand jury shall have the power to inquire into offenses against the criminal laws of the Commonwealth alleged to have been committed within the county or counties in which it is summoned. Such power shall include the investigative resources of the grand jury which shall include but not be limited to the power of subpoena, the power to obtain the initiation of civil and criminal contempt proceedings, and every investigative power of any grand jury of the Commonwealth. Such alleged offenses may be brought to the attention of such grand jury by the court or by the attorney for the Commonwealth, but in no case shall the investigating grand jury inquire into alleged offenses on its own motion.
(b) Presentments.--The investigating grand jury shall have the power to issue a presentment with regard to any person who appears to have committed within the county or counties in which such investigating grand jury is summoned an offense against the criminal laws of the Commonwealth.
(c) Other powers.--Except for the power to indict, the investigating grand jury shall have every power available to any other grand jury in the Commonwealth. The jurisdiction, powers and activities of an investigating grand jury shall not, if otherwise lawful, be limited in any way by the charge of the court.
§ 4549. Investigating grand jury proceedings.
(a) Documents and transcript.--Any document produced before an investigating grand jury may be copied or reproduced. Each statement, question, comment or response of the supervising judge, the attorney for the Commonwealth, any witness, any grand juror or any other person which is made in the presence of the investigating grand jury, except its deliberations and the vote of any juror, shall be stenographically recorded or transcribed or both.
(b) Disclosure of proceedings by participants other than witnesses.--Disclosure of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to the attorneys for the Commonwealth for use in the performance of their duties. The attorneys for the Commonwealth may with the approval of the supervising judge disclose matters occurring before the investigating grand jury including transcripts of testimony to local, State, other state or Federal law enforcement or investigating agencies to assist them in investigating crimes under their investigative jurisdiction. Otherwise a juror, attorney, interpreter, stenographer, operator of a recording device, or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when so directed by the court. All such persons shall be sworn to secrecy, and shall be in contempt of court if they reveal any information which they are sworn to keep secret.
(c) Counsel for witnesses.--
(1) A witness subpoenaed to appear and testify before an investigating grand jury or to produce documents, records or other evidence before an investigating grand jury shall be entitled to the assistance of counsel, including assistance during such time as the witness is questioned in the presence of the investigating grand jury. In the event counsel of the witness' choice is not available, he shall be required to obtain other counsel within a reasonable time in order that the work of the grand jury may proceed.
(2) Such counsel may be retained by the witness or shall be appointed in the case of any person unable to procure sufficient funds to obtain legal representation.
(3) Such counsel shall be allowed to be present in the grand jury room during the questioning of the witness and shall be allowed to advise the witness but shall make no objections or arguments or otherwise address the grand jury or the attorney for the Commonwealth. The supervising judge shall have the same power to remove such counsel from the grand jury room as a judge has with respect to an attorney in any court proceeding. Violation of this paragraph shall be punishable as contempt by the supervising judge.
(4) An attorney, or attorneys who are associated in practice, shall not continue multiple representation of clients in a grand jury proceeding if the exercise of the independent professional judgment of an attorney on behalf of one of the clients will or is likely to be adversely affected by his representation of another client. If the supervising judge determines that the interest of an individual will or is likely to be adversely affected, he may order separate representation of witnesses, giving appropriate weight to the right of an individual to counsel of his own choosing.
(d) Disclosure of proceedings by witnesses.--No witness shall be prohibited from disclosing his testimony before the investigating grand jury except for cause shown in a hearing before the supervising judge. In no event may a witness be prevented from disclosing his testimony to his attorney.
§ 4550. Submission of investigations by attorney for the Commonwealth to investigating grand jury.
(a) General rule.--Before submitting an investigation to the investigating grand jury the attorney for the Commonwealth shall submit a notice to the supervising judge. This notice shall allege that the matter in question should be brought to the attention of the investigating grand jury because the investigative resources of the grand jury are necessary for proper investigation. The notice shall allege that one or more of the investigative resources of the grand jury are required in order to adequately investigate the matter.
(b) Effect of notice.--After the attorney for the Commonwealth has filed the notice submitting a matter to the investigating grand jury any or all of the investigative resources of the investigating grand jury may be used as regards the investigation.
§ 4551. Investigating grand jury presentments.
(a) General rule.--Should the investigating grand jury determine that upon the basis of evidence presented to it a presentment should be returned against an individual, the grand jury shall direct the attorney for the Commonwealth to prepare a presentment which shall be submitted to the investigating grand jury for a vote. Should a majority of the full grand jury vote approval for the presentment it shall then be submitted to the supervising judge. The supervising judge shall examine the presentment, and if it is within the authority of the investigating grand jury and is otherwise in accordance with the provisions of this subchapter, the supervising judge shall issue an order accepting the presentment. Otherwise, the supervising judge shall refuse to accept the presentment and shall order that the investigating grand jury take further appropriate action.
(b) Sealed presentment.--The supervising judge to whom a presentment is submitted may, on his own motion or at the request of the Commonwealth, direct that the presentment be kept secret until the defendant is in custody or has been released pending trial. In directing that the presentment be kept secret, the supervising judge shall enter an order requiring that the presentment be sealed and that no person shall disclose a return of the presentment except when necessary for issuance and execution of process.
(c) Prosecution by Attorney General.--Whenever a multicounty investigating grand jury returns a presentment against any person the Attorney General or his designee shall, with respect to the alleged criminal activities, be authorized to prosecute the person on behalf of the Commonwealth by instituting criminal proceedings in the county of appropriate venue. The Attorney General or his designee shall take the oath of office required by law to be taken of district attorneys, and shall be clothed with all the powers and subject to all the liabilities imposed upon district attorneys by law.
(d) Venue.--In any case where a multicounty investigating grand jury returns a presentment the supervising judge shall select the county for conducting the trial from among those counties having jurisdiction.
(e) Procedure following presentment.--When the attorney for the Commonwealth proceeds on the basis of a presentment, a complaint shall be filed and the defendant shall be entitled to a preliminary hearing as in other criminal proceedings.
§ 4552. Investigating grand jury reports.
(a) General rule.--Any investigating grand jury, by an affirmative majority vote of the full investigating grand jury, may, at any time during its term submit to the supervising judge an investigating grand jury report.
(b) Examination by court.--The judge to whom such report is submitted shall examine it and the record of the investigating grand jury and, except as otherwise provided in this section, shall issue an order accepting and filing such report as a public record with the court of common pleas established for or embracing the county or counties which are the subject of such report only if the report is based upon facts received in the course of an investigation authorized by this subchapter and is supported by the preponderance of the evidence.
(c) Sealed report.--Upon the submission of a report pursuant to subsection (a), if the supervising judge finds that the filing of such report as a public record may prejudice fair consideration of a pending criminal matter, he shall order such report sealed and such report shall not be subject to subpoena or public inspection during the pendency of such criminal matter except upon order of court.
(d) Appeal from refusal to file.--Failure of the supervising judge to accept and file as a public record a report submitted under this section may be appealed by the attorney for the Commonwealth to the Supreme Court in the manner prescribed by general rules.
(e) Authorization of response by nonindicted subject.--If the supervising judge finds that the report is critical of an individual not indicted for a criminal offense the supervising judge may in his sole discretion allow the named individual to submit a response to the allegations contained in the report. The supervising judge may then in his discretion allow the response to be attached to the report as part of the report before the report is made part of the public record pursuant to subsection (b).
§ 4553. Expenses of investigating grand juries and trials resulting therefrom.
(a) County.--The expenses of a county investigating grand jury shall be borne by the county in which it is impaneled.
(b) Multicounty.--The expenses of any multicounty investigating grand jury shall be borne by the Commonwealth.
(1) Multicounty investigating grand jurors shall be compensated at the rate of $40 for each day that they report for service. Jurors shall be paid a travel allowance at the rate that an employee of the Office of Attorney General on official business would be reimbursed. Jurors shall receive payment of per diem meal expenses in the amounts of $6 for breakfast, $10 for lunch and $25 for dinner for any day or portion thereof that the person is serving as a juror. Only those persons who are required, because of the distance from their residence, to obtain overnight accommodations at the site of the multicounty investigating grand jury shall receive payment of a per diem for breakfast and dinner.
(2) The costs and expenses resulting from any trial of a person against whom a presentment has been issued by a multicounty investigating grand jury shall be borne by the Commonwealth. Costs and expenses under this subsection include, but are not limited to, all reasonable costs incurred by the county for the services of the courts, the trial jury, the sheriff, the clerk of courts, the county prison, the district attorney and any public defender appointed by the court, and related costs and expenses incurred by the county in the course of the trial.
(3) Counties shall be reimbursed from the General Fund of the Commonwealth upon application to the State Treasurer through the Office of Attorney General pursuant to procedures prescribed by that office.
(Dec. 19, 1984, P.L.1089, No.218, eff. imd.; Dec. 19, 1984, P.L.1189, No.225, eff. imd.; Oct. 17, 2002, P.L.880, No.127, eff. imd.)
2002 Amendment. Act 127 amended subsec. (b).
1984 Amendments. Acts 218 and 225 amended the entire section, retroactive to March 29, 1983. Act 225 overlooked the amendment by Act 218, but the amendments do not conflict in substance and have both been given effect in setting forth the text of the section.
Cross References. Section 4553 is referred to in section 4561 of this title.
SUBCHAPTER E
MISCELLANEOUS PROVISIONS
Sec.
4561. Compensation of and travel allowance for jurors.
4562. Juror's right to refuse inquiries.
4563. Protection of employment of petit and grand jurors.
4563.1. Protection of employment of grand jurors (Deleted by amendment).
4564. Alternate jurors.
4565. Challenging certain petit jurors where political subdivision is a party.
Relettering. Subchapter E was relettered from Subchapter D and former Subchapter E was relettered to Subchapter F pursuant to section 216(a)(1) of the act of October 5, 1980 (P.L.693, No.142).
§ 4561. Compensation of and travel allowance for jurors.
(a) Compensation.--A person summoned to serve as a juror shall receive compensation at the rate of $9 a day for the first three days in any calendar year he shall be required to report for service and $25 a day for each day thereafter in such calendar year that such person is required to report. In addition, persons so summoned shall be paid a travel allowance at the rate of 17¢ per mile circular except that no travel allowance shall be paid in the first judicial district.
(b) State reimbursement.--The Commonwealth shall reimburse each county 80% of the amount expended by the county for such compensation and travel allowance beyond the first three days of service if the juror is participating in a trial or in grand jury proceedings. Application for reimbursement shall be made by the county to the State Treasurer through the Administrative Office pursuant to procedures prescribed by said office. As used in this section, trial participation shall include voir dire examination only if such examination shall have commenced prior to the juror's fourth day of service.
(c) Definition.--As used in this section, the term "jurors" does not apply to those persons summoned to serve on a multicounty investigating grand jury who are reimbursed under section 4553(b) (relating to expenses of investigating grand juries and trials resulting therefrom).
(Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Oct. 17, 2002, P.L.880, No.127, eff. 60 days)
2002 Amendment. Act 127 added subsec. (c).
§ 4562. Juror's right to refuse inquiries.
Except where jury tampering is being investigated by the proper authorities, a juror shall not be required to answer to any person concerning the manner in which the jury reached its verdict or why it was unable to agree upon a verdict.
§ 4563. Protection of employment of petit and grand jurors.
(a) General rule.--An employer shall not deprive an employee of his employment, seniority position or benefits, or threaten or otherwise coerce him with respect thereto, because the employee receives a summons, responds thereto, serves as a juror or attends court for prospective jury service. Nothing in this section shall be construed to require the employer to compensate the employee for employment time lost because of such jury service.
(b) Penalty.--Any employer who violates subsection (a) commits a summary offense.
(c) Civil remedy available.--If an employer penalizes an employee in violation of subsection (a) the employee may bring a civil action for recovery of wages and benefits lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall not exceed wages and benefits actually lost. If he prevails, the employee shall be allowed a reasonable attorney's fee fixed by the court.
(d) Exception.--Subsection (a) shall not apply to any employer in any retail or service industry employing fewer than 15 persons or any employer in any manufacturing industry employing fewer than 40 persons.
(e) Right to excuse.--Any individual not entitled to reemployment under subsection (a) shall, upon request to the court, be excused from jury service.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
Cross References. Section 4563 is referred to in section 5522 of this title.
§ 4563.1. Protection of employment of grand jurors (Deleted by amendment).
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Amendment. Section 4563.1 was deleted by amendment December 20, 1982, P.L.1409, No.326, effective in 60 days.
§ 4564. Alternate jurors.
Alternate jurors shall be selected and shall serve as jurors under terms and conditions prescribed by general rules.
§ 4565. Challenging certain petit jurors where political subdivision is a party.
A person shall not be challenged for cause and excluded from serving as a juror in any action or proceeding in which a political subdivision is a party or is interested because such person is or was an officer, rated citizen or inhabitant in such political subdivision or owns assessed or taxable property or is liable to the assessment or payment of taxes in such political subdivision. This section shall not apply to peremptory challenges of such persons.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
SUBCHAPTER F
PENALTIES
Sec.
4581. Interfering with selection of jurors.
4582. Tampering with names of jurors.
4583. Tampering with jurors.
4583.1. Aggravated jury tampering.
4584. Failure of juror to appear.
Relettering. Subchapter F was relettered from Subchapter E pursuant to section 216(a)(1) of the act of October 5, 1980 (P.L.693, No.142).
§ 4581. Interfering with selection of jurors.
(a) Commission members and employees.--Any member of the jury selection commission or any employee, clerk, investigator or assistant in the employ of the commission, who shall violate any of the provisions of this chapter for the purpose of unlawfully procuring the selection or nonselection of any person for jury service commits a misdemeanor of the second degree and upon conviction thereof shall be forthwith removed from his office or employment and in addition thereto shall be ineligible to hold any public office or employment under the laws of this Commonwealth. In the case of the judicial member of the commission, such member shall be disqualified to hold his position on the commission and the matter shall be referred to the Judicial Conduct Board.
(b) Other persons.--Any person other than the persons described in subsection (a), who undertakes or offers by illegal means to influence the selection or excusing of any person from jury service or who gives money or anything of value to any person for the purpose of effecting the impartial selection of jurors or to procure exemption from jury service or who solicits, demands or receives money or anything of value or the promise thereof from any person for the purpose of in any manner affecting the selection or exemption of any persons from jury service or performs any of these acts for the purpose of enabling himself or another to evade jury service, commits a misdemeanor of the second degree.
(July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993)
1993 Amendment. Act 56 amended subsec. (a).
§ 4582. Tampering with names of jurors.
Any person who directly or indirectly unlawfully tampers with the names drawn from the master list of prospective jurors or jury wheel or with the master list of prospective jurors or jury wheel or with any array or jury list commits a misdemeanor of the second degree.
§ 4583. Tampering with jurors.
Any person who, having in any manner ascertained the names of persons drawn from the master list of prospective jurors or jury wheel, shall thereafter discuss with any prospective juror the facts or alleged facts of any particular suit or cause then listed for trial in the court for which the prospective juror has been summoned for jury service, with the intent to influence the juror in his service or in the consideration of the evidence in the matter, commits a misdemeanor of the second degree. The penalty provided in this section shall be in addition to the penalties now provided by law for bribery.
§ 4583.1. Aggravated jury tampering.
(a) Offense defined.--A person commits the offense of aggravated jury tampering if the person influences, intimidates or impedes or attempts to influence, intimidate or impede a juror in the discharge of the juror's duties in a civil or criminal trial and:
(1) The actor employs force, violence or deception or threatens to employ force or violence upon the juror or, with the requisite intent or knowledge, upon any other person.
(2) The actor offers any pecuniary or other benefit to the juror or, with the requisite intent or knowledge, to any other person.
(3) The actor's conduct is in furtherance of a conspiracy to intimidate a juror.
(4) The actor accepts, agrees or solicits another to accept any pecuniary or other benefit to intimidate a juror.
(b) Grading.--
(1) The offense is a felony of the first degree if murder in the first degree or second degree or a felony of the first degree is the highest classification of crime submitted for deliberation to the jury of which the juror is a member.
(2) The offense is a felony of the second degree if a felony of the second degree is the highest classification of crime submitted for deliberation to the jury of which the juror is a member.
(3) The offense is a felony of the third degree for any other violation of this section.
(Dec. 10, 2001, P.L.855, No.90, eff. 60 days)
2001 Amendment. Act 90 added section 4583.1.
§ 4584. Failure of juror to appear.
A prospective juror who has been summoned to serve as a juror and who fails to appear as summoned shall, unless exempt or excused pursuant to section 4503 (relating to exemptions from jury duty), be punishable for contempt of court and may be fined in an amount not exceeding $500 or imprisoned for a term no more than ten days or both.
CHAPTER 47
DNA DATA AND TESTING
(Repealed)
2004 Repeal. Chapter 47 (Subchapters A - D) was added June 19, 2002, P.L.394, No.57, and repealed November 30, 2004, P.L.1428, No.185, effective in 60 days. The subject matter is now contained in Chapter 23 of Title 44 (Law and Justice).
CHAPTER 49
ACCESS TO JUSTICE
Sec.
4901. Short title of chapter.
4902. Declaration.
4903. Definitions.
4904. Establishment of Access to Justice Account.
4905. Purpose of account.
4906. Distribution of funds.
4907. Expiration of chapter.
Enactment. Chapter 49 was added October 2, 2002, P.L.841, No.122, effective November 1, 2002.
§ 4901. Short title of chapter.
This chapter shall be known and may be cited as the Access to Justice Act.
§ 4902. Declaration.
The General Assembly finds and declares as follows:
(1) It is of paramount importance to the citizens of this Commonwealth that all individuals who seek lawful redress of their grievances have equal access to our system of justice.
(2) The availability of civil legal services is essential to providing meaningful access to justice for indigent persons who cannot afford legal representation.
§ 4903. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Account." The Access to Justice Account established in section 4904 (relating to establishment of Access to Justice Account).
"Eligible legal services provider." A not-for-profit entity incorporated in this Commonwealth, tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) or any successor provision, which operates within this Commonwealth for the primary purpose of providing civil legal services without charge and which operates to provide such civil legal services to eligible clients and victims of abuse under contract or subcontract with the Department of Public Welfare for the expenditure of funds appropriated by the General Assembly for the provision of legal services.
"Lobbying activities." Any effort to influence Federal, State or local legislative or administrative action, including, but not limited to, activities intended to influence the issuance, amendment or revocation of any executive or administrative order or regulation of a Federal, State or local agency, or to influence the introduction, amendment, passage or defeat of any legislation by the Congress of the United States or by any State or local legislative body.
§ 4904. Establishment of Access to Justice Account.
There is established in the State Treasury a nonlapsing restricted receipt account to be known as the Access to Justice Account for the deposit of all fees authorized by this chapter.
Cross References. Section 4904 is referred to in sections 3733, 4903 of this title.
§ 4905. Purpose of account.
(a) Permitted use.--All moneys in the account and any investment income accrued shall be used exclusively to provide civil legal assistance to poor and disadvantaged persons in this Commonwealth. The Supreme Court shall, by rule, determine eligibility for legal assistance under this subsection.
(b) Prohibited use.--Recipients of funds under this chapter are prohibited from using these funds to contribute to or be made available to any political party or association or the campaign of any candidate for public or party office or similar political activities or to support or oppose candidates for public or party office or to support or oppose any ballot questions or to engage in lobbying activities except that:
(1) A recipient of funds may engage in lobbying activities in response to a request from a governmental agency, legislative body, committee, member or staff thereof made to the recipient, consistent with the Rules of Professional Conduct.
(2) An eligible legal services provider may engage in lobbying activities in the provision of legal services to an eligible client on a particular application, claim or case which directly involves that client's legal rights and responsibilities; however, this shall not be construed to permit an eligible legal services provider to solicit a client in violation of the Rules of Professional Conduct for the purpose of making such representation possible.
Cross References. Section 4905 is referred to in section 4906 of this title.
§ 4906. Distribution of funds.
All moneys deposited in the account and any investment income accrued are hereby annually appropriated to the Administrative Office of the Pennsylvania Courts and shall be distributed annually, upon requisition of the Court Administrator of Pennsylvania, to the Pennsylvania Interest on Lawyers Trust Account Board to contract exclusively with eligible legal services providers for the purpose set forth in section 4905(a) (relating to purpose of account). Funds received by the Pennsylvania Interest on Lawyers Trust Account Board pursuant to this chapter shall be maintained in a separate account and shall be accounted for separately from any other funds received by the board.
§ 4907. Expiration of chapter.
This chapter shall expire on November 1, 2012. At least one year prior to the expiration of this chapter, the Legislative Budget and Finance Committee shall conduct and submit to the General Assembly a performance audit for the purpose of determining whether there is a continuing justification for the activities and level of financial support provided for under this chapter.
(July 7, 2006, P.L.378, No.81, eff. 7 days)
2006 Amendment. Section 5 of Act 81 provided that Act 81 shall apply to all actions instituted on or after the effective date of Act 81.
PART VI
ACTIONS, PROCEEDINGS AND OTHER
MATTERS GENERALLY
Chapter
51. Preliminary Provisions
53. Bases of Jurisdiction and Interstate and International Procedure
55. Limitation of Time
57. Bonds and Recognizances
59. Depositions and Witnesses
61. Rules of Evidence
63. Juvenile Matters
64. Court-ordered Involuntary Treatment of Certain Sexually Violent Persons
65. Habeas Corpus
66. Prisoner Litigation
67. Protection from Abuse (Repealed)
68. Forfeitures
69. Particular Rights and Immunities
70. Ignition Interlock Devices (Repealed)
Enactment. Part VI was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
CHAPTER 51
PRELIMINARY PROVISIONS
Sec.
5101. Remedy to exist for legal injury.
5101.1. Venue in medical professional liability actions.
5102. Place and form of filing applications for relief.
5103. Transfer of erroneously filed matters.
5104. Trial by jury.
5105. Right to appellate review.
5106. Change of venue.
5107. Service of process.
5108. Imprisonment for debt.
5110. Limited waiver of sovereign immunity (Repealed).
5111. Limitations on damages (Repealed).
Enactment. Chapter 51 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
§ 5101. Remedy to exist for legal injury.
Every person for a legal injury done him in his lands, goods, person, or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay.
(Sept. 28, 1978, P.L.788, No.152, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
Cross References. Section 5101 is referred to in section 5102 of this title.
§ 5101.1. Venue in medical professional liability actions.
(a) Declaration of policy.--In accordance with section 514(a) of the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, and as a matter of public policy, the General Assembly further declares the need to change the venue requirements for medical professional liability actions.
(b) General rule.--Notwithstanding any other provision to the contrary, a medical professional liability action may be brought against a health care provider for a medical professional liability claim only in the county in which the cause of action arose.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Birth center." An entity licensed as a birth center under the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.
"Health care provider." A primary health care center, a personal care home licensed by the Department of Public Welfare pursuant to the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, or a person, including a corporation, university or other educational institution licensed or approved by the Commonwealth to provide health care or professional medical services as a physician, a certified nurse midwife, a podiatrist, hospital, nursing home, birth center, and an officer, employee or agent of any of them acting in the course and scope of employment.
"Hospital." An entity licensed as a hospital under the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, or the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.
"Medical professional liability action." Any proceeding in which a medical professional liability claim is asserted, including an action in a court of law or an arbitration proceeding.
"Medical professional liability claim." Any claim seeking the recovery of damages or loss from a health care provider arising out of any tort or breach of contract causing injury or death resulting from the furnishing of health care services which were or should have been provided.
"Nursing home." An entity licensed as a nursing home under the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.
"Primary health care center." A community-based nonprofit corporation meeting standards prescribed by the Department of Health which provides preventive, diagnostic, therapeutic and basic emergency health care by licensed practitioners who are employees of the corporation or under contract to the corporation.
(Oct. 17, 2002, P.L.880, No.127, eff. 60 days; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days)
2002 Amendments. Act 127 added section 5101.1 and Act 215 amended the def. of "health care provider" in subsec. (c). Section 5 of Act 127 provided that section 5101.1 shall apply to all medical professional liability actions filed on or after the effective date of section 5.
Cross References. Section 5101.1 is referred to in section 931 of this title.
§ 5102. Place and form of filing applications for relief.
Applications for relief to any court under section 5101 (relating to remedy to exist for legal injury) or under any other provision of law, or documents relating to a matter before a magisterial district judge, shall be filed in such office and in such form as may be prescribed by general rule or rule of court.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
§ 5103. Transfer of erroneously filed matters.
(a) General rule.--If an appeal or other matter is taken to or brought in a court or magisterial district of this Commonwealth which does not have jurisdiction of the appeal or other matter, the court or magisterial district judge shall not quash such appeal or dismiss the matter, but shall transfer the record thereof to the proper tribunal of this Commonwealth, where the appeal or other matter shall be treated as if originally filed in the transferee tribunal on the date when the appeal or other matter was first filed in a court or magisterial district of this Commonwealth. A matter which is within the exclusive jurisdiction of a court or magisterial district judge of this Commonwealth but which is commenced in any other tribunal of this Commonwealth shall be transferred by the other tribunal to the proper court or magisterial district of this Commonwealth where it shall be treated as if originally filed in the transferee court or magisterial district of this Commonwealth on the date when first filed in the other tribunal.
(b) Federal cases.--
(1) Subsection (a) shall also apply to any matter transferred or remanded by any United States court for a district embracing any part of this Commonwealth. In order to preserve a claim under Chapter 55 (relating to limitation of time), a litigant who timely commences an action or proceeding in any United States court for a district embracing any part of this Commonwealth is not required to commence a protective action in a court or before a magisterial district judge of this Commonwealth. Where a matter is filed in any United States court for a district embracing any part of this Commonwealth and the matter is dismissed by the United States court for lack of jurisdiction, any litigant in the matter filed may transfer the matter to a court or magisterial district of this Commonwealth by complying with the transfer provisions set forth in paragraph (2).
(2) Except as otherwise prescribed by general rules, or by order of the United States court, such transfer may be effected by filing a certified transcript of the final judgment of the United States court and the related pleadings in a court or magisterial district of this Commonwealth. The pleadings shall have the same effect as under the practice in the United States court, but the transferee court or magisterial district judge may require that they be amended to conform to the practice in this Commonwealth. Section 5535(a)(2)(i) (relating to termination of prior matter) shall not be applicable to a matter transferred under this subsection.
(c) Interdivisional transfers.--If an appeal or other matter is taken to, brought in, or transferred to a division of a court to which such matter is not allocated by law, the court shall not quash such appeal or dismiss the matter, but shall transfer the record thereof to the proper division of the court, where the appeal or other matter shall be treated as if originally filed in the transferee division on the date first filed in a court or magisterial district.
(d) Definition.--As used in this section "tribunal" means a court or magisterial district judge or other judicial officer of this Commonwealth vested with the power to enter an order in a matter, the Board of Claims, the Board of Property, the Office of Administrator for Arbitration Panels for Health Care and any other similar agency.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsecs. (a), (b) and (d). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 1082, as amended April 25, 1979, provided that section 5103(a) shall not be deemed suspended or affected. Rules 1001 through 1082 relate to appellate proceedings with respect to judgments and other decisions of district justices in civil matters. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 1082 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.
Cross References. Section 5103 is referred to in sections 708, 5503 of this title.
§ 5104. Trial by jury.
(a) General rule.--Except where the right to trial by jury is enlarged by statute, trial by jury shall be as heretofore, and the right thereof shall remain inviolate. Trial by jury may be waived in the manner prescribed by general rules.
(b) Civil verdicts.--In any civil case a verdict rendered by at least five-sixths of the jury shall be the verdict of the jury and shall have the same effect as a unanimous verdict of the jury.
(c) Criminal matters.--In criminal cases the Commonwealth shall have the same right to trial by jury as does the accused.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsec. (a) and added subsec. (c).
§ 5105. Right to appellate review.
(a) General rule.--There is a right of appeal under this subsection from the final order (including an order defined as a final order by general rule) of every:
(1) Court or magisterial district judge of this Commonwealth to the court having jurisdiction of such appeals.
(2) Government unit which is an administrative agency within the meaning of section 9 of Article V of the Constitution of Pennsylvania to the court having jurisdiction of such appeals. An order is appealable under this paragraph notwithstanding the fact that it is not appealable under Chapter 7 of Title 2 (relating to judicial review).
(3) Appointive judicial officer to the court by which such officer was appointed.
(b) Successive appeals.--Except as otherwise provided in this subsection, the rights conferred by subsection (a) are cumulative, so that a litigant may as a matter of right cause a final order of any tribunal in any matter which itself constitutes an appeal to such tribunal, to be further reviewed by the court having jurisdiction of appeals from such tribunal. Except as provided in section 723 (relating to appeals from the Commonwealth Court) there shall be no right of appeal from the Superior Court or the Commonwealth Court to the Supreme Court under this section or otherwise.
(c) Interlocutory appeals.--There shall be a right of appeal from such interlocutory orders of tribunals and other government units as may be specified by law. The governing authority shall be responsible for a continuous review of the operation of section 702(b) (relating to interlocutory appeals by permission) and shall from time to time establish by general rule rights to appeal from such classes of interlocutory orders, if any, from which appeals are regularly permitted pursuant to section 702(b).
(d) Scope of appeal.--
(1) Except as otherwise provided in this subsection an appeal under this section shall extend to the whole record, with like effect as upon an appeal from a judgment entered upon the verdict of a jury in an action at law and the scope of review of the order shall not be limited as on broad or narrow certiorari.
(2) An order which is appealable by reason of subsection (a)(2), but which would not be appealable under Chapter 7 of Title 2 or under any other corresponding provision of law, shall not be reversed or modified on appeal unless the appellant would be entitled to equivalent relief upon an action in the nature of equity, replevin, mandamus or quo warranto or for declaratory judgment or for a writ of certiorari or prohibition or otherwise objecting to such order.
(3) Nothing in this subsection shall supersede any general rule or rule of court or any unsuspended statute authorizing or requiring an appellate court to receive additional evidence or to hear the appeal de novo.
(4) Except as otherwise prescribed by general rule and section 1123(a.1) (relating to jurisdiction and venue), an appeal from a final order of the minor judiciary shall be de novo under procedures established by general rule.
(e) Supersedeas.--An appeal shall operate as a supersedeas to the extent and upon the conditions provided or prescribed by law. Unless a supersedeas is entered no appeal from an order concerning the validity of a will or other instrument or the right to the possession of or to administer any real or personal property shall suspend the powers or prejudice the acts of the appointive judicial officer, personal representative or other person acting thereunder.
(f) Effect of reversal or modification.--The reversal or modification of any order of a court or any determination of any other government unit in a matter in which the court or government unit has jurisdiction of the sale, mortgage, exchange or conveyance of real or personal property shall not impair or divest any estate or interest acquired thereunder by a person not a party to the appeal.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Oct. 12, 1984, P.L.959, No.187, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (a)(1). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1984 Amendment. Act 187 amended subsec. (d).
1982 Amendment. Act 326 amended subsec. (f).
1980 Amendment. Act 142 amended subsecs. (c) and (d).
1978 Amendment. Act 53 amended subsecs. (a), (d) and (e) and added subsec. (f).
Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 3159(b)(7), adopted April 20, 1998, provided that section 5105(f) shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.
Cross References. Section 5105 is referred to in sections 724, 9730 of this title; section 2547 of Title 15 (Corporations and Unincorporated Associations); section 902 of Title 66 (Public Utilities).
§ 5106. Change of venue.
The power to change the venue in civil and criminal cases shall be vested in the courts, to be exercised in such manner as shall be provided or prescribed by law.
§ 5107. Service of process.
Process may be served or executed on any day of the week except at any church, synagogue, meetinghouse or any place of worship.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 19, 1984, P.L.1089, No.218, eff. imd.; June 25, 1997, P.L.293, No.28, eff. imd.; June 18, 1998, P.L.640, No.84, eff. 120 days)
1998 Amendment. Act 84 overlooked the amendment by Act 28 of 1997, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 5107.
§ 5108. Imprisonment for debt.
(a) Constitutional restriction.--The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be provided or prescribed by law.
(b) Statutory restriction.--Except in an action for fines and penalties, or as punishment for contempt, or to prevent departure from the Commonwealth, a defendant may not be arrested in any civil matter.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 added section 5108.
§ 5110. Limited waiver of sovereign immunity (Repealed).
1980 Repeal. Section 5110 was repealed October 5, 1980, P.L.693, No.142, effective in 60 days. The subject matter is now contained in Chapter 85 of this title.
§ 5111. Limitations on damages (Repealed).
1980 Repeal. Section 5111 was repealed October 5, 1980, P.L.693, No.142, effective in 60 days. The subject matter is now contained in Chapter 85 of this title.
CHAPTER 53
BASES OF JURISDICTION AND INTERSTATE
AND INTERNATIONAL PROCEDURE
Subchapter
A. General Provisions
B. Interstate and International Procedure
C. Child Custody Jurisdiction (Repealed)
Enactment. Chapter 53 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
Cross References. Chapter 53 is referred to in sections 1579, 4129, 6129, 8586 of Title 15 (Corporations and Unincorporated Associations).
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
5301. Persons.
5302. Land.
5303. Chattels.
5304. Documents.
5305. Corporate shares.
5306. Obligations.
5307. Status.
5308. Necessary minimum contacts.
§ 5301. Persons.
(a) General rule.--The existence of any of the following relationships between a person and this Commonwealth shall constitute a sufficient basis of jurisdiction to enable the tribunals of this Commonwealth to exercise general personal jurisdiction over such person, or his personal representative in the case of an individual, and to enable such tribunals to render personal orders against such person or representative:
(1) Individuals.--
(i) Presence in this Commonwealth at the time when process is served.
(ii) Domicile in this Commonwealth at the time when process is served.
(iii) Consent, to the extent authorized by the consent.
(2) Corporations.--
(i) Incorporation under or qualification as a foreign corporation under the laws of this Commonwealth.
(ii) Consent, to the extent authorized by the consent.
(iii) The carrying on of a continuous and systematic part of its general business within this Commonwealth.
(3) Partnerships, limited partnerships, partnership associations, professional associations, unincorporated associations and similar entities.--
(i) Formation under or qualification as a foreign entity under the laws of this Commonwealth.
(ii) Consent, to the extent authorized by the consent.
(iii) The carrying on of a continuous and systematic part of its general business within this Commonwealth.
(b) Scope of jurisdiction.--When jurisdiction over a person is based upon this section any cause of action may be asserted against him, whether or not arising from acts enumerated in this section. Discontinuance of the acts enumerated in subsection (a)(2)(i) and (iii) and (3)(i) and (iii) shall not affect jurisdiction with respect to any act, transaction or omission occurring during the period such status existed.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 10, 1981, P.L.237, No.77, eff. 60 days)
Cross References. Section 5301 is referred to in section 5322 of this title; section 2576 of Title 15 (Corporations and Unincorporated Associations); section 1502 of Title 17 (Credit Unions).
§ 5302. Land.
The tribunals of this Commonwealth shall have jurisdiction over land situated within this Commonwealth whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the tribunals of this Commonwealth.
Cross References. Section 5302 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
§ 5303. Chattels.
The tribunals of this Commonwealth shall have jurisdiction over chattels situated within this Commonwealth whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the tribunals of this Commonwealth.
Cross References. Section 5303 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
§ 5304. Documents.
The tribunals of this Commonwealth shall have jurisdiction over documents situated within this Commonwealth whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the tribunals of this Commonwealth.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
Cross References. Section 5304 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
§ 5305. Corporate shares.
The tribunals of this Commonwealth shall have jurisdiction, whether or not the persons owning or claiming interests in the shares or share certificates are subject to the jurisdiction of the tribunals of this Commonwealth:
(1) Over shares in a corporation incorporated under the laws of this Commonwealth (subject to the limitations of Title 13 (relating to commercial code)).
(2) Over share certificates which are located within this Commonwealth.
(3) Over shares in a corporation represented by share certificates located within this Commonwealth if the law of the jurisdiction of incorporation embodies the share in the share certificates.
(Nov. 1, 1979, P.L.255, No.86, eff. Jan. 1, 1980)
Cross References. Section 5305 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
§ 5306. Obligations.
The tribunals of this Commonwealth shall have jurisdiction over obligations owed by persons who are subject to the jurisdiction of the tribunals of this Commonwealth whether or not the persons to whom the obligations are owed are subject to the jurisdiction of the tribunals of this Commonwealth.
Cross References. Section 5306 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
§ 5307. Status.
The judicial jurisdiction over status granted to the courts of this Commonwealth by the Constitution and statutes of this Commonwealth may be exercised:
(1) to the extent permitted by the Constitution of the United States, except as limited by the Constitution and laws of this Commonwealth; and
(2) in the manner permitted by the laws of this Commonwealth.
Cross References. Section 5307 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
§ 5308. Necessary minimum contacts.
The tribunals of this Commonwealth may exercise jurisdiction under this subchapter only where the contact with this Commonwealth is sufficient under the Constitution of the United States.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 added section 5308.
Cross References. Section 5308 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
SUBCHAPTER B
INTERSTATE AND INTERNATIONAL PROCEDURE
Sec.
5321. Short title of subchapter.
5322. Bases of personal jurisdiction over persons outside this Commonwealth.
5323. Service of process on persons outside this Commonwealth.
5324. Assistance to tribunals and litigants outside this Commonwealth with respect to service.
5325. When and how a deposition may be taken outside this Commonwealth.
5326. Assistance to tribunals and litigants outside this Commonwealth with respect to depositions.
5327. Determination of foreign law.
5328. Proof of official records.
5329. Other provisions of law unaffected.
§ 5321. Short title of subchapter.
This subchapter shall be known and may be cited as the "Uniform Interstate and International Procedure Act."
Cross References. Section 5321 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
§ 5322. Bases of personal jurisdiction over persons outside this Commonwealth.
(a) General rule.--A tribunal of this Commonwealth may exercise personal jurisdiction over a person (or the personal representative of a deceased individual who would be subject to jurisdiction under this subsection if not deceased) who acts directly or by an agent, as to a cause of action or other matter arising from such person:
(1) Transacting any business in this Commonwealth. Without excluding other acts which may constitute transacting business in this Commonwealth, any of the following shall constitute transacting business for the purpose of this paragraph:
(i) The doing by any person in this Commonwealth of a series of similar acts for the purpose of thereby realizing pecuniary benefit or otherwise accomplishing an object.
(ii) The doing of a single act in this Commonwealth for the purpose of thereby realizing pecuniary benefit or otherwise accomplishing an object with the intention of initiating a series of such acts.
(iii) The shipping of merchandise directly or indirectly into or through this Commonwealth.
(iv) The engaging in any business or profession within this Commonwealth, whether or not such business requires license or approval by any government unit of this Commonwealth.
(v) The ownership, use or possession of any real property situate within this Commonwealth.
(2) Contracting to supply services or things in this Commonwealth.
(3) Causing harm or tortious injury by an act or omission in this Commonwealth.
(4) Causing harm or tortious injury in this Commonwealth by an act or omission outside this Commonwealth.
(5) Having an interest in, using, or possessing real property in this Commonwealth.
(6) (i) Contracting to insure any person, property, or risk located within this Commonwealth at the time of contracting.
(ii) Being a person who controls, or who is a director, officer, employee or agent of a person who controls, an insurance company incorporated in this Commonwealth or an alien insurer domiciled in this Commonwealth.
(iii) Engaging in conduct described in section 504 of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921.
(7) Accepting election or appointment or exercising powers under the authority of this Commonwealth as a:
(i) Personal representative of a decedent.
(ii) Guardian of a minor or incapacitated person.
(iii) Trustee or other fiduciary.
(iv) Director or officer of a corporation.
(8) Executing any bond of any of the persons specified in paragraph (7).
(9) Making application to any government unit for any certificate, license, permit, registration or similar instrument or authorization or exercising any such instrument or authorization.
(10) Committing any violation within the jurisdiction of this Commonwealth of any statute, home rule charter, local ordinance or resolution, or rule or regulation promulgated thereunder by any government unit or of any order of court or other government unit.
(b) Exercise of full constitutional power over nonresidents.--In addition to the provisions of subsection (a) the jurisdiction of the tribunals of this Commonwealth shall extend to all persons who are not within the scope of section 5301 (relating to persons) to the fullest extent allowed under the Constitution of the United States and may be based on the most minimum contact with this Commonwealth allowed under the Constitution of the United States.
(c) Scope of jurisdiction.--When jurisdiction over a person is based solely upon this section, only a cause of action or other matter arising from acts enumerated in subsection (a), or from acts forming the basis of jurisdiction under subsection (b), may be asserted against him.
(d) Service outside this Commonwealth.--When the exercise of personal jurisdiction is authorized by this section, service of process may be made outside this Commonwealth.
(e) Inconvenient forum.--When a tribunal finds that in the interest of substantial justice the matter should be heard in another forum, the tribunal may stay or dismiss the matter in whole or in part on any conditions that may be just.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days)
1992 Amendment. Act 24 amended subsec. (a).
Cross References. Section 5322 is referred to in sections 5323, 5329 of this title; section 2576 of Title 15 (Corporations and Unincorporated Associations); section 6103 of Title 23 (Domestic Relations).
§ 5323. Service of process on persons outside this Commonwealth.
(a) Manner of service.--When the law of this Commonwealth authorizes service of process outside this Commonwealth, the service, when reasonably calculated to give actual notice, may be made:
(1) By personal delivery in the manner prescribed for service within this Commonwealth.
(2) In the manner provided or prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction.
(3) By any form of mail addressed to the person to be served and requiring a signed receipt.
(4) As directed by the foreign authority in response to a letter rogatory.
(5) As directed by a court.
(b) Proof of service.--Proof of service outside this Commonwealth may be made by affidavit of the individual who made the service or in the manner provided or prescribed by the law of this Commonwealth, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the tribunal.
(c) Individuals eligible to make service.--Service outside this Commonwealth may be made by an individual permitted to make service of process under the law of this Commonwealth or under the law of the place in which the service is made or who is designated by a tribunal of this Commonwealth.
(d) Certain individuals to be served.--When the law of this Commonwealth requires that in order to effect service one or more designated individuals be served, service outside this Commonwealth under section 5322 (relating to bases of personal jurisdiction over persons outside this Commonwealth) must be made upon the designated individual or individuals.
Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 449, adopted June 3, 1994, provided that section 5323 shall not be deemed suspended or affected by Rules 400 through 441 relating to service of original process and other legal papers.
Cross References. Section 5323 is referred to in section 5329 of this title; section 2576 of Title 15 (Corporations and Unincorporated Associations).
§ 5324. Assistance to tribunals and litigants outside this Commonwealth with respect to service.
(a) General rule.--A court of record of this Commonwealth may order service upon any person who is domiciled or can be found within this Commonwealth of any document issued in connection with a matter in a tribunal outside this Commonwealth. The order may be made upon application of any interested person or in response to a letter rogatory issued by a tribunal outside this Commonwealth and shall direct the manner of service.
(b) Court order not necessary.--Service in connection with a matter in a tribunal outside this Commonwealth may be made within this Commonwealth without an order of court.
(c) Effect on recognition of order.--Service under this section does not, of itself, require the recognition or enforcement of an order rendered outside this Commonwealth.
Cross References. Section 5324 is referred to in section 5329 of this title.
§ 5325. When and how a deposition may be taken outside this Commonwealth.
(a) General rule.--A deposition to obtain testimony or documents or other things in a matter pending in this Commonwealth may be taken outside this Commonwealth:
(1) On reasonable notice in writing to all parties, setting forth the time and place for taking the deposition, the name and address of each person to be examined, if known, and if not known, a general description sufficient to identify him or the particular class or group to which he belongs and the name or descriptive title of the person before whom the deposition will be taken. The deposition may be taken before a person authorized to administer oaths in the place in which the deposition is taken by the law thereof or by the law of this Commonwealth or the United States.
(2) Before a person commissioned by the tribunal of this Commonwealth. The person so commissioned has the power by virtue of his commission to administer any necessary oath.
(3) Pursuant to a letter rogatory issued by the court. A letter rogatory may be addressed "To the Appropriate Authority in (here name the state or country)."
(4) In any manner before any person, at any time or place, or upon any notice stipulated by the parties. A person designated by the stipulation has the power by virtue of his designation to administer any necessary oath.
(b) Commission or letter rogatory.--A commission or a letter rogatory shall be issued after notice and application to the court, and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient, and both a commission and a letter rogatory may be issued in proper cases. Evidence obtained in a foreign country in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within this Commonwealth.
(c) Deposition prior to commencement of matter.--When no matter is pending, a tribunal of this Commonwealth may authorize a deposition to be taken outside this Commonwealth of any person regarding any matter that may be cognizable in any tribunal of this Commonwealth. Subject to general rules, the tribunal may prescribe the manner in which and the terms upon which the deposition shall be taken.
Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 4023, adopted November 20, 1978, provided that section 5325 shall not be deemed suspended or affected. Rules 4001 through 4025 relate to depositions and discovery.
Cross References. Section 5325 is referred to in sections 5329, 5919 of this title.
§ 5326. Assistance to tribunals and litigants outside this Commonwealth with respect to depositions.
(a) General rule.--A court of record of this Commonwealth may order a person who is domiciled or is found within this Commonwealth to give his testimony or statement or to produce documents or other things for use in a matter pending in a tribunal outside this Commonwealth. The order may be made upon the application of any interested person or in response to a letter rogatory and may prescribe the practice and procedure, which may be wholly or in part the practice and procedure of the tribunal outside this Commonwealth, for taking the testimony or statement or producing the documents or other things. To the extent that the order does not prescribe otherwise, the practice and procedure shall be in accordance with that of the court of this Commonwealth issuing the order. The order may direct that the testimony or statement be given, or document or other thing produced, before a person appointed by the court. The person appointed shall have power to administer any necessary oath.
(b) Voluntary compliance.--A person within this Commonwealth may voluntarily give his testimony or statement or produce documents or other things for use in a matter before a tribunal outside this Commonwealth.
Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 4023, adopted November 20, 1978, provided that section 5326 shall not be deemed suspended or affected. Rules 4001 through 4025 relate to depositions and discovery.
Cross References. Section 5326 is referred to in section 5329 of this title.
§ 5327. Determination of foreign law.
(a) Notice.--A party who intends to raise an issue concerning the law of any jurisdiction or governmental unit thereof outside this Commonwealth shall give notice in his pleadings or other reasonable written notice.
(b) Materials to be considered.--In determining the law of any jurisdiction or governmental unit thereof outside this Commonwealth, the tribunal may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the rules of evidence.
(c) Court decision and review.--The court, not jury, shall determine the law of any governmental unit outside this Commonwealth. The determination of the tribunal is subject to review on appeal as a ruling on a question of law.
Cross References. Section 5327 is referred to in section 5329 of this title.
§ 5328. Proof of official records.
(a) Domestic record.--An official record kept within the United States, or any state, district, commonwealth, territory, insular possession thereof, or the Panama Canal Zone, the Trust Territory of the Pacific Islands, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied by a certificate that the officer has the custody. The certificate may be made by a judge of a court of record having jurisdiction in the governmental unit in which the record is kept, authenticated by the seal of the court, or by any public officer having a seal of office and having official duties in the governmental unit in which the record is kept, authenticated by the seal of his office.
(b) Foreign record.--A foreign official record, or an entry therein, when admissible for any purpose, may be evidenced by an official publication or copy thereof, attested by a person authorized to make the attestation, and accompanied by a final certification as to the genuineness of the signature and official position:
(1) of the attesting person; or
(2) of any foreign official whose certificate of genuineness of signature and official position either:
(i) relates to the attestation; or
(ii) is in a chain of certificates of genuineness of signature and official position relating to the attestation.
A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, the tribunal may, for good cause shown, admit an attested copy without final certification or permit the foreign official record to be evidenced by an attested summary with or without a final certification.
(c) Alternative method for certain domestic and foreign records.--The statutes, codes, written laws, executive acts, or legislative or judicial proceedings of any domestic or foreign jurisdiction or governmental unit thereof may also be evidenced by any publication proved to be commonly accepted as proof thereof in the tribunals having jurisdiction in that governmental unit.
(d) Lack of record.--A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in this section in the case of a domestic record, or complying with the requirements of this section for a summary in the case of a record in a foreign country, is admissible as evidence that the records contain no such record or entry.
Cross References. Section 5328 is referred to in sections 5329, 6105, 6110 of this title; sections 1303, 5303 of Title 15 (Corporations and Unincorporated Associations).
§ 5329. Other provisions of law unaffected.
Except as otherwise provided in this subchapter, this subchapter does not repeal or modify any law of this Commonwealth:
(1) Authorizing the exercise of jurisdiction on any basis other than the bases specified in section 5322 (relating to bases of personal jurisdiction over persons outside this Commonwealth).
(2) Permitting a procedure for service or for obtaining testimony, documents, or other things for use in this Commonwealth or in a tribunal outside this Commonwealth other than the procedures prescribed in section 5323 (relating to service of process on persons outside this Commonwealth) through section 5326 (relating to assistance to tribunals and litigants outside this Commonwealth with respect to depositions).
(3) Authorizing the determination of foreign law or the proof of official records or any entry or lack of entry therein by any method other than the methods prescribed in section 5327 (relating to determination of foreign law) and section 5328 (relating to proof of official records).
Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 449, adopted June 3, 1994, provided that section 5329 shall not be deemed suspended or affected by Rules 400 through 441 relating to service of original process and other legal papers.
SUBCHAPTER C
CHILD CUSTODY JURISDICTION
(Repealed)
1990 Repeal. Subchapter C (§§ 5341 - 5366) was added October 5, 1980, P.L.693, No.142, and repealed December 19, 1990, P.L.1240, No.206, effective in 90 days. The subject matter is now contained in Subchapter C of Chapter 53 of Title 23 (Domestic Relations).
CHAPTER 55
LIMITATION OF TIME
Subchapter
A. General Provisions
B. Civil Actions and Proceedings
C. Criminal Proceedings
D. Appeals
Enactment. Chapter 55 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.
Special Provisions in Appendix. See section 25 of Act 142 of 1976 in the appendix to this title for special provisions relating to the effect of Act 142 on periods of limitations applicable under prior law.
Cross References. Chapter 55 is referred to in sections 763, 933, 1722, 5103, 7538 of this title; section 108 of Title 18 (Crimes and Offenses); section 921 of Title 30 (Fish); section 6302 of Title 75 (Vehicles).
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
5501. Scope of chapter.
5502. Method of computing periods of limitation generally.
5503. Commencement of matters.
5504. Judicial extension of time.
5505. Modification of orders.
§ 5501. Scope of chapter.
(a) General rule.--An action, proceeding or appeal must be commenced within the time specified in or pursuant to this chapter unless, in the case of a civil action or proceeding, a different time is provided by this title or another statute or a shorter time which is not manifestly unreasonable is prescribed by written agreement.
(b) Uniform Commercial Code.--The provisions of Title 13 (relating to commercial code), to the extent that they are inconsistent with this chapter, shall control over the provisions of this chapter.
(c) Equitable matters.--Nothing in this chapter shall modify the principles of waiver, laches and estoppel and similar principles heretofore applicable in equitable matters.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 1, 1979, P.L.255, No.86, eff. Jan. 1, 1980; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. imd.; July 11, 1996, P.L.607, No.104, eff. 60 days)
§ 5502. Method of computing periods of limitation generally.
(a) General rule.--The time within which a matter must be commenced under this chapter shall be computed, except as otherwise provided by subsection (b) or by any other provision of this chapter, from the time the cause of action accrued, the criminal offense was committed or the right of appeal arose.
(b) Implementing court rules.--Subsection (a) may be made more specifically applicable to particular classes of matters by general rules defining the acts, omissions or events from which the limitation shall be computed. Rules adopted pursuant to this section shall take effect only in the manner provided by section 503(b) (relating to procedures).
§ 5503. Commencement of matters.
(a) General rule.--A matter is commenced for the purposes of this chapter when a document embodying the matter is filed in an office authorized by section 5103 (relating to transfer of erroneously filed matters) or by any other provision of law to receive such document.
(b) Implementing court rules.--Subsection (a) may be made more specifically applicable to particular classes of matters, including interparty claims therein, by general rules further defining the document which when filed shall constitute the commencement of a matter.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsec. (b).
Cross References. Section 5503 is referred to in section 5552 of this title.
§ 5504. Judicial extension of time.
(a) General rule.--Except as provided in section 1722 (c) (relating to time limitations) or in subsection (b) of this section, the time limited by this chapter shall not be extended by order, rule or otherwise.
(b) Fraud.--The time limited by this chapter may be extended to relieve fraud or its equivalent, but there shall be no extension of time as a matter of indulgence or with respect to any criminal proceeding.
§ 5505. Modification of orders.
Except as otherwise provided or prescribed by law, a court upon notice to the parties may modify or rescind any order within 30 days after its entry, notwithstanding the prior termination of any term of court, if no appeal from such order has been taken or allowed.
Cross References. Section 5505 is referred to in section 3332 of Title 23 (Domestic Relations).
SUBCHAPTER B
CIVIL ACTIONS AND PROCEEDINGS
Sec.
5521. Limitations on foreign claims.
5522. Six months limitation.
5523. One year limitation.
5524. Two year limitation.
5524.1. Limitation and application for asbestos claims.
5525. Four year limitation.
5526. Five year limitation.
5527. Six year limitation.
5528. Fifteen year limitation.
5529. Twenty year limitation.
5530. Twenty-one year limitation.
5531. No limitation.
5532. Absence or concealment.
5533. Infancy, insanity or imprisonment.
5534. War.
5535. Effect of other actions and proceedings.
5536. Construction projects.
5537. Land surveying.
5538. Landscape architecture.
Existing Actions and Proceedings. Section 25(a) of Act 142 of 1976 provided that any civil action or proceeding: (1) the time heretofore limited by statute for the commencement of which is reduced by any provision of Act 142; and (2) which is not fully barred by statute on the day prior to the effective date of Act 142; may be commenced within one year after the effective date of Act 142, or within the period heretofore limited by statute, whichever is less, notwithstanding any provisions of Subchapter B of this chapter or any other provision of Act 142 providing a shorter limitation.
Cross References. Subchapter B is referred to in section 2310 of Title 58 (Oil and Gas).
§ 5521. Limitations on foreign claims.
(a) Short title of section.--This section shall be known and may be cited as the "Uniform Statute of Limitations on Foreign Claims Act."
(b) General rule.--The period of limitation applicable to a claim accruing outside this Commonwealth shall be either that provided or prescribed by the law of the place where the claim accrued or by the law of this Commonwealth, whichever first bars the claim.
(c) Definition.--As used in this section "claim" means any right of action which may be asserted in a civil action or proceeding and includes, but is not limited to, a right of action created by statute.
Cross References. Section 5521 is referred to in section 5531 of this title.
§ 5522. Six months limitation.
(a) Notice prerequisite to action against government unit.--
(1) Within six months from the date that any injury was sustained or any cause of action accrued, any person who is about to commence any civil action or proceeding within this Commonwealth or elsewhere against a government unit for damages on account of any injury to his person or property under Chapter 85 (relating to matters affecting government units) or otherwise shall file in the office of the government unit, and if the action is against a Commonwealth agency for damages, then also file in the office of the Attorney General, a statement in writing, signed by or in his behalf, setting forth:
(i) The name and residence address of the person to whom the cause of action has accrued.
(ii) The name and residence address of the person injured.
(iii) The date and hour of the accident.
(iv) The approximate location where the accident occurred.
(v) The name and residence or office address of any attending physician.
(2) If the statement provided for by this subsection is not filed, any civil action or proceeding commenced against the government unit more than six months after the date of injury to person or property shall be dismissed and the person to whom any such cause of action accrued for any injury to person or property shall be forever barred from proceeding further thereon within this Commonwealth or elsewhere. The court shall excuse failure to comply with this requirement upon a showing of reasonable excuse for failure to file such statement.
(3) In the case of a civil action or proceeding against a government unit other than the Commonwealth government:
(i) The time for giving such written notice does not include the time during which an individual injured is unable, due to incapacitation or disability from the injury, to give notice, not exceeding 90 days of incapacity.
(ii) If the injuries to an individual result in death, the time for giving notice shall commence with such death.
(iii) Failure to comply with this subsection shall not be a bar if the government unit had actual or constructive notice of the incident or condition giving rise to the claim of a person.
(b) Commencement of action required.--The following actions and proceedings must be commenced within six months:
(1) An action against any officer of any government unit for anything done in the execution of his office, except an action subject to another limitation specified in this subchapter.
(2) A petition for the establishment of a deficiency judgment following execution and delivery of the sheriff's deed for the property sold in connection with the execution proceedings referenced in the provisions of section 8103(a) (relating to deficiency judgments).
(3) (Repealed).
(4) An action under section 4563(c) (relating to civil remedy available).
(5) An action or proceeding to set aside a judicial sale of property.
(6) A petition for redetermination of fair market value pursuant to section 8103(f.1)(4) following execution and delivery of the sheriff's deed for the property sold in connection with the execution proceedings referenced under section 8103.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; July 9, 1992, P.L.507, No.97, eff. one year; Dec. 21, 1998, P.L.1082, No.144, eff. imd.; Nov. 24, 2004, P.L.1243, No.152, eff. 60 days)
2004 Amendment. Act 152 amended subsec. (b)(2) and added subsec. (b)(6).
1992 Repeal. Act 97 repealed subsec. (b)(3).
1982 Amendment. Act 326 amended subsecs. (a)(2) and (b). Section 403 of Act 326 provided that the amendments to Chapter 55 effected by Act 326 shall apply only to causes of action which accrue after the effective date of Act 326.
1980 Amendment. Act 142 added present section 5522 and repealed former section 5522 relating to the same subject matter. Section 221(i)(2) of Act 142 provided that, notwithstanding 1 Pa.C.S. § 1957 (relating to ineffective provisions not revived by reenactment in amendatory statutes), it is hereby declared to be the intent of paragraph (1) to restore 42 Pa.C.S. § 5522 to its status prior to the repeal effected by section 802(b) of the act of November 26, 1978 (P.L.1399, No.330), known as the Political Subdivision Tort Claims Act, except as otherwise expressly provided by such section as reenacted and amended hereby.
Cross References. Section 5522 is referred to in section 8103 of this title.
§ 5523. One year limitation.
The following actions and proceedings must be commenced within one year:
(1) An action for libel, slander or invasion of privacy.
(2) An action upon a bond given as security by a party in any matter, except a bond given by a condemnor in an eminent domain proceeding.
(3) An action upon any payment or performance bond.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Amendment. Section 403 of Act 326 provided that the amendments to Chapter 55 effected by Act 326 shall apply only to causes of action which accrue after the effective date of Act 326.
§ 5524. Two year limitation.
The following actions and proceedings must be commenced within two years:
(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.
(4) An action for waste or trespass of real property.
(5) An action upon a statute for a civil penalty or forfeiture.
(6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession.
(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.
(8) (Deleted by amendment).
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Dec. 17, 2001, P.L.904, No.101, eff. 60 days; Nov. 24, 2004, P.L.1243, No.152, eff. imd.)
Cross References. Section 5524 is referred to in section 1553 of Title 15 (Corporations and Unincorporated Associations).
§ 5524.1. Limitation and application for asbestos claims.
(a) General rule.--An action to recover damages for injury to a person or for the death of a person caused by exposure to asbestos shall be commenced within two years from the date on which the person is informed by a licensed physician that the person has been injured by such exposure or upon the date on which the person knew or in the exercise of reasonable diligence should have known that the person had an injury which was caused by such exposure, whichever date occurs first.
(b) Applicability.--The limitations set forth in 15 Pa.C.S. § 1929.1(a) and (b) (relating to limitations on asbestos-related liabilities relating to certain mergers or consolidations) shall not apply to an asbestos claim for which the applicable period of limitation commenced on or before December 17, 2001.
(c) Definition.--As used in this section, the term "asbestos claim" shall have the meaning as set forth in 15 Pa.C.S. § 1929.1(e).
(Nov. 24, 2004, P.L.1243, No.152, eff. imd.)
2004 Amendment. Act 152 added section 5524.1.
§ 5525. Four year limitation.
(a) General rule.--Except as provided for in subsection (b), the following actions and proceedings must be commenced within four years:
(1) An action upon a contract, under seal or otherwise, for the sale, construction or furnishing of tangible personal property or fixtures.
(2) Any action subject to 13 Pa.C.S. § 2725 (relating to statute of limitations in contracts for sale).
(3) An action upon an express contract not founded upon an instrument in writing.
(4) An action upon a contract implied in law, except an action subject to another limitation specified in this subchapter.
(5) An action upon a judgment or decree of any court of the United States or of any state.
(6) An action upon any official bond of a public official, officer or employee.
(7) An action upon a negotiable or nonnegotiable bond, note or other similar instrument in writing. Where such an instrument is payable upon demand, the time within which an action on it must be commenced shall be computed from the later of either demand or any payment of principal of or interest on the instrument.
(8) An action upon a contract, obligation or liability founded upon a writing not specified in paragraph (7), under seal or otherwise, except an action subject to another limitation specified in this subchapter.
(b) Special provisions.--An action subject to section 8315 (relating to damages in actions for identity theft) must be commenced within four years of the date of the offense or four years from the date of the discovery of the identity theft by the plaintiff.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 19, 2002, P.L.430, No.62, eff. 60 days)
Cross References. Section 5525 is referred to in section 5529 of this title.
§ 5526. Five year limitation.
The following actions and proceedings must be commenced within five years:
(1) An action for revival of a judgment lien on real property.
(2) An action for specific performance of a contract for sale of real property or for damages for noncompliance therewith.
(3) An action to enforce any equity of redemption or any implied or resulting trust as to real property.
(4) (Deleted by amendment).
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; May 4, 2006, P.L.112, No.34, eff. 120 days)
2006 Amendment. Act 34 deleted par. (4). Section 6(1) of Act 34 provided that Act 34 shall apply to all condemnations effected on or after the effective date of section 6. Section (6)(3) of Act 34 provided that the amendment of par. (4) shall apply only to causes of action which accrue after the effective date of section 6.
§ 5527. Six year limitation.
(a) Eminent domain.--
(1) (i) If a condemnor has filed a declaration of taking, a petition for the appointment of viewers for the assessment of damages under 26 Pa.C.S. (relating to eminent domain) must be filed within six years from the date on which the condemnor first made payment in accordance with 26 Pa.C.S. § 307(a) or (b) (relating to possession, right of entry and payment of compensation).
(ii) If payment is not required to be made under 26 Pa.C.S. § 307(a) to obtain possession, a petition for the appointment of viewers must be filed within six years of the filing of the declaration of taking.
(2) If the condemnor has not filed a declaration of taking, a petition for the appointment of viewers for the assessment of damages under 26 Pa.C.S. must be filed within six years from the date on which the asserted taking, injury or destruction of the property occurred or could reasonably have been discovered by the condemnee.
(b) Other civil action or proceeding.--Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation by section 5531 (relating to no limitation) must be commenced within six years.
(Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; May 4, 2006, P.L.112, No.34, eff. 120 days)
2006 Amendment. Section 6(1) of Act 34 provided that Act 34 shall apply to all condemnations effected on or after the effective date of section 6. Section (6)(3) of Act 34 provided that the amendment of section 5527 shall apply only to causes of action which accrue after the effective date of section 6.
§ 5528. Fifteen year limitation.
Except as otherwise provided by section 17 (relating to periods of limitation) of the act of August 9, 1971 (P.L.286, No.74), known as the "Disposition of Abandoned and Unclaimed Property Act," an action for escheat, or for payment into the State Treasury without escheat, must be commenced within 15 years after the property sought in such action shall have first escheated or become escheatable or payable into the State Treasury under any statute.
References in Text. The act of August 9, 1971 (P.L.286, No.74), known as the Disposition of Abandoned and Unclaimed Property Act, referred to in this section, was repealed by the act of December 9, 1982 (P.L.1057, No.248). The subject matter is now contained in Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.
§ 5529. Twenty year limitation.
(a) Execution against personal property.--An execution against personal property must be issued within 20 years after the entry of the judgment upon which the execution is to be issued.
(b) Instruments under seal.--
(1) Notwithstanding section 5525(7) (relating to four year limitation), an action upon an instrument in writing under seal must be commenced within 20 years.
(2) This subsection shall expire June 27, 2018.
(Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 18, 1998, P.L.536, No.77, eff. imd.)
1982 Amendment. Section 403 of Act 326 provided that the amendments to Chapter 55 effected by Act 326 shall apply only to causes of action which accrue after the effective date of Act 326.
§ 5530. Twenty-one year limitation.
(a) General rule.--The following actions and proceedings must be commenced within 21 years:
(1) An action for the possession of real property.
(2) An action for the payment of any ground rent, annuity or other charge upon real property, or any part or portion thereof. If this paragraph shall operate to bar any payment of such a rent, annuity or charge, the rent, annuity or charge to which the payment relates shall be extinguished and no further action may be commenced with respect to subsequent payments.
(3) (Deleted by amendment).
(b) Entry upon land.--No entry upon real property shall toll the running of the period of limitation specified in subsection (a)(1), unless a possessory action shall be commenced therefor within one year after entry. Such an entry and commencement of a possessory action, without recovery therein, shall not toll the running of such period of limitation in respect of another possessory action, unless such other possessory action is commenced within one year after the termination of the first.
(May 4, 2006, P.L.112, No.34, eff. 120 days)
2006 Amendment. Act 34 deleted subsec. (a)(3). Section 6(1) of Act 34 provided that Act 34 shall apply to all condemnations effected on or after the effective date of section 6. Section (6)(3) of Act 34 provided that the amendment of subsec. (a)(3) shall apply only to causes of action which accrue after the effective date of section 6.
§ 5531. No limitation.
The following actions and proceedings may be commenced at any time notwithstanding any other provision of this subchapter except section 5521 (relating to limitations on foreign claims):
(1) An action against an attorney at law by or on behalf of a client to enforce any implied or resulting trust as to real property.
(2) An action by the Commonwealth, a county or an institution district against the real or personal property of persons who were public charges, including mental patients, to recover the cost of their maintenance and support.
(3) An action by the Commonwealth, a county or an institution district against the real or personal property of persons who were legally liable to pay for the maintenance and support of persons who were public charges, including mental patients, to recover the cost of their maintenance and support.
Cross References. Section 5531 is referred to in section 5527 of this title.
§ 5532. Absence or concealment.
(a) General rule.--If, when a cause of action accrues against a person, he is without this Commonwealth, the time within which the action or proceeding must be commenced shall be computed from the time he comes into or returns to this Commonwealth. If, after a cause of action has accrued against a person, he departs from this Commonwealth and remains continuously absent therefrom for four months or more, or he resides within this Commonwealth under a false name which is unknown to the person entitled to commence the action or proceeding, the time of his absence or residence within this Commonwealth under such a false name is not a part of the time within which the action or proceeding must be commenced.
(b) Exception.--Subsection (a) does not apply in any of the following cases:
(1) While there is in force a designation, voluntary or involuntary, made pursuant to law, of a person to whom process may be delivered within this Commonwealth with the same effect as if served personally within this Commonwealth.
(2) While a foreign corporation has one or more officers or other persons in this Commonwealth on whom process against such corporation may be served.
(3) While jurisdiction over the person of the defendant can be obtained without personal delivery of process to him within this Commonwealth.
(c) Fraudulent concealment.--In the case of a civil action or proceeding against the trustee of an express or implied trust, the time within which such an action or proceeding by or on behalf of a beneficiary on account of fraud must be commenced shall be computed from the discovery of the fraud, or when, by reasonable diligence, the person defrauded might have discovered the fraud. This subsection shall not prevent a bona fide purchaser for value from pleading the applicable statute of limitations.
§ 5533. Infancy, insanity or imprisonment.
(a) General rule.--Except as otherwise provided by statute, insanity or imprisonment does not extend the time limited by this subchapter for the commencement of a matter.
(b) Infancy.--
(1) (i) If an individual entitled to bring a civil action is an unemancipated minor at the time the cause of action accrues, the period of minority shall not be deemed a portion of the time period within which the action must be commenced. Such person shall have the same time for commencing an action after attaining majority as is allowed to others by the provisions of this subchapter.
(ii) As used in this paragraph, the term "minor" shall mean any individual who has not yet attained 18 years of age.
(2) (i) If an individual entitled to bring a civil action arising from childhood sexual abuse is under 18 years of age at the time the cause of action accrues, the individual shall have a period of 12 years after attaining 18 years of age in which to commence an action for damages regardless of whether the individual files a criminal complaint regarding the childhood sexual abuse.
(ii) For the purposes of this paragraph, the term "childhood sexual abuse" shall include, but not be limited to, the following sexual activities between a minor and an adult, provided that the individual bringing the civil action engaged in such activities as a result of forcible compulsion or by threat of forcible compulsion which would prevent resistance by a person of reasonable resolution:
(A) sexual intercourse, which includes penetration, however slight, of any body part or object into the sex organ of another;
(B) deviate sexual intercourse, which includes sexual intercourse per os or per anus; and
(C) indecent contact, which includes any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire in either person.
(iii) For purposes of this paragraph, "forcible compulsion" shall have the meaning given to it in 18 Pa.C.S. § 3101 (relating to definitions).
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; May 30, 1984, P.L.337, No.67, eff. 30 days; June 28, 2002, P.L.518, No.86, eff. 60 days)
2002 Amendment. Act 86 amended subsec. (b). Section 3 of Act 86 provided that the amendment of subsec. (b) shall not be applied to revive an action which has been barred by an existing statute of limitations on the effective date of Act 86.
§ 5534. War.
(a) Cause of action accruing in foreign country.--Where a cause of action, whether originally accrued in favor of a resident or nonresident of this Commonwealth, accrued in a foreign country with which the United States or any of its allies were then or subsequently at war, or territory then or subsequently occupied by the government of such foreign country, the time which elapsed between the commencement of the war, or of such occupation, and the termination of hostilities with such country, or of such occupation, is not a part of the time within which the civil action or proceeding must be commenced, notwithstanding any other provision of this subchapter.
(b) Alien a party.--Where a person is unable to commence an action or proceeding within this Commonwealth because any party is an alien subject or citizen of a foreign country at war with the United States or any of its allies, whether the cause of action accrued during or prior to the war, the time which elapsed between the commencement of the war and the termination of hostilities with such country is not a part of the time within which the civil action or proceeding must be commenced, notwithstanding any other provision of this subchapter.
(c) Nonenemy in enemy country or enemy-occupied territory.--Where a person entitled to commence an action or proceeding, other than a person entitled to the benefits of subsection (b), is a resident of, or a sojourner in, a foreign country with which the United States or any of its allies are at war, or territory occupied by the government of such foreign country, the period of such residence or sojourn during which the war continues or the territory is so occupied is not a part of the time within which the civil action or proceeding must be commenced, notwithstanding any other provision of this subchapter.
§ 5535. Effect of other actions and proceedings.
(a) Termination of prior matter.--
(1) If a civil action or proceeding is timely commenced and is terminated, a party, or his successor in interest, may, notwithstanding any other provision of this subchapter, commence a new action or proceeding upon the same cause of action within one year after the termination and any other party may interpose any defense or claim which might have been interposed in the original action or proceeding.
(2) Paragraph (1) does not apply to:
(i) An action to recover damages for injury to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
(ii) An action or proceeding terminated by a voluntary nonsuit, a discontinuance, a dismissal for neglect to prosecute the action or proceeding, or a final judgment upon the merits.
(b) Stay of matter.--Where the commencement of a civil action or proceeding has been stayed by a court or by statutory prohibition, the duration of the stay is not a part of the time within which the action or proceeding must be commenced.
(c) Arbitration.--Where it shall have been finally determined by a court that a party is not obligated to submit a claim to arbitration, the time which elapsed between the demand for arbitration and the final determination by a court that there is no obligation to arbitrate is not a part of the time within which a civil action or proceeding upon such claim must be commenced. The time within which the action or proceeding must be commenced shall not be extended by this subsection beyond one year after such final determination by a court.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
1980 Amendment. Act 142 amended subsec. (c).
1978 Amendment. Act 53 amended subsec. (a).
Cross References. Section 5535 is referred to in section 5103 of this title.
§ 5536. Construction projects.
(a) General rule.--Except as provided in subsection (b), a civil action or proceeding brought against any person lawfully performing or furnishing the design, planning, supervision or observation of construction, or construction of any improvement to real property must be commenced within 12 years after completion of construction of such improvement to recover damages for:
(1) Any deficiency in the design, planning, supervision or observation of construction or construction of the improvement.
(2) Injury to property, real or personal, arising out of any such deficiency.
(3) Injury to the person or for wrongful death arising out of any such deficiency.
(4) Contribution or indemnity for damages sustained on account of any injury mentioned in paragraph (2) or (3).
(b) Exceptions.--
(1) If an injury or wrongful death shall occur more than ten and within 12 years after completion of the improvement a civil action or proceeding within the scope of subsection (a) may be commenced within the time otherwise limited by this subchapter, but not later than 14 years after completion of construction of such improvement.
(2) The limitation prescribed by subsection (a) shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or wrongful death for which it is proposed to commence an action or proceeding.
(c) No extension of limitations.--This section shall not extend the period within which any civil action or proceeding may be commenced under any provision of law.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsecs. (a) and (b).
§ 5537. Land surveying.
All actions to recover any or all damages against any person engaged in the practice of land surveying occurring as the result of any deficiency, defect, omission, error or miscalculation shall be commenced within 12 years from the time the services are performed. Any such action not commenced within this 12-year period shall be forever barred. The cause of action in such cases shall accrue when the services are performed. Furthermore, any action shall be commenced within four years from the time that such cause of action was discovered, but no later than during this 12-year limitation period. In any event, no action shall be commenced after the 12 years from the time that the services are performed. The term "practice of land surveying" shall be the same as defined under the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law.
(June 30, 1988, P.L.464, No.79, eff. imd.; July 7, 2006, P.L.348, No.72, eff. 60 days)
§ 5538. Landscape architecture.
(a) General rule.--All actions to recover any or all damages against any person engaged in the practice of landscape architecture occurring as the result of any deficiency, defect, omission, error or miscalculation shall be commenced within 12 years from the time the services are performed. Any such action not commenced within this 12-year period shall be forever barred. The cause of action shall accrue upon substantial completion of the project. Nothing in this section shall be construed as extending the period prescribed by the laws of this Commonwealth for the bringing of any action. The term "practice of landscape architecture" shall be the same as defined in the act of January 24, 1966 (1965 P.L.1527, No.535), known as the Landscape Architects' Registration Law.
(b) Exception.--The limitation prescribed by subsection (a) shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or wrongful death for which it is proposed to commence an action or proceeding.
(June 30, 1988, P.L.464, No.79, eff. imd.)
1988 Amendment. Act 79 added section 5538.
SUBCHAPTER C
CRIMINAL PROCEEDINGS
Sec.
5551. No limitation applicable.
5552. Other offenses.
5553. Summary offenses involving vehicles.
5554. Tolling of statute.
Prior Crimes and Offenses. Section 25(c) of Act 142 of 1976 provided that the period of limitations specified in Act 142 with respect to crimes and offenses shall not apply to crimes and offenses committed before the effective date of Title 18 (Crimes and Offenses) and the prior statutes of limitation are hereby continued in force as to such crimes and offenses.
Cross References. Subchapter C is referred to in section 7507.1 of Title 18 (Crimes and Offenses).
§ 5551. No limitation applicable.
A prosecution for the following offenses may be commenced at any time:
(1) Murder.
(2) Voluntary manslaughter.
(3) Conspiracy to commit murder or solicitation to commit murder if a murder results from the conspiracy or solicitation.
(4) Any felony alleged to have been perpetrated in connection with a murder of the first or second degree, as set forth in 18 Pa.C.S. § 2502(a) or (b) and (d) (relating to murder).
(5) A violation of 75 Pa.C.S. § 3742 (relating to accidents involving death or personal injury) or 3732 (relating to homicide by vehicle) if the accused was the driver of a vehicle involved in an accident resulting in the death of any person.
(6) A violation of 18 Pa.C.S. § 2702(a)(1), (2), (4) or (7) (relating to aggravated assault) if the accused knew the victim was a law enforcement officer and the law enforcement officer was acting within the scope of the officer's duties.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 14, 1984, P.L.986, No.199, eff. 60 days; Dec. 19, 1984, P.L.1089, No.218, eff. imd.; Apr. 5, 1990, P.L.113, No.27, eff. 60 days; July 17, 2007, P.L.123, No.37, eff. 60 days)
2007 Amendment. Act 37 amended the entire section. Section 5 of Act 37 provided that the addition of par. (6) which provides for a new statute of limitations for certain violations of 18 Pa.C.S. § 2702(a)(1), (2), (4) or (7) shall apply to such aggravated assaults committed after the effective date of section 5.
§ 5552. Other offenses.
(a) General rule.--Except as otherwise provided in this subchapter, a prosecution for an offense must be commenced within two years after it is committed.
(b) Major offenses.--A prosecution for any of the following offenses must be commenced within five years after it is committed:
(1) Under the following provisions of Title 18 (relating to crimes and offenses):
Section 901 (relating to criminal attempt) involving attempt to commit murder where no murder occurs.
Section 902 (relating to criminal solicitation) involving solicitation to commit murder where no murder occurs.
Section 903 (relating to criminal conspiracy) involving conspiracy to commit murder where no murder occurs.
Section 911 (relating to corrupt organizations).
Section 2702 (relating to aggravated assault).
Section 2706 (relating to terroristic threats).
Section 2713 (relating to neglect of care-dependent person).
Section 2901 (relating to kidnapping).
Section 3301 (relating to arson and related offenses).
Section 3502 (relating to burglary).
Section 3701 (relating to robbery).
Section 3921 (relating to theft by unlawful taking or disposition) through section 3933 (relating to unlawful use of computer).
Section 4101 (relating to forgery).
Section 4107 (relating to deceptive or fraudulent business practices).
Section 4108 (relating to commercial bribery and breach of duty to act disinterestedly).
Section 4109 (relating to rigging publicly exhibited contest).
Section 4117 (relating to insurance fraud).
Section 4701 (relating to bribery in official and political matters) through section 4703 (relating to retaliation for past official action).
Section 4902 (relating to perjury) through section 4912 (relating to impersonating a public servant).
Section 4952 (relating to intimidation of witnesses or victims).
Section 4953 (relating to retaliation against witness, victim or party).
Section 5101 (relating to obstructing administration of law or other governmental function).
Section 5111 (relating to dealing in proceeds of unlawful activities).
Section 5512 (relating to lotteries, etc.) through section 5514 (relating to pool selling and bookmaking).
Section 5902(b) (relating to prostitution and related offenses).
Section 6111(g)(2) and (4) (relating to sale or transfer of firearms).
(2) Any offense punishable under section 13(f) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(3) Any conspiracy to commit any of the offenses set forth in paragraphs (1) and (2) and any solicitation to commit any of the offenses in paragraphs (1) and (2) if the solicitation results in the completed offense.
(4) Under the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
(5) Under the act of November 24, 1998 (P.L.874, No.110), known as the Motor Vehicle Chop Shop and Illegally Obtained and Altered Property Act.
(b.1) Major sexual offenses.--A prosecution for any of the following offenses under Title 18 must be commenced within 12 years after it is committed:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 4302 (relating to incest).
Section 6312 (relating to sexual abuse of children).
(c) Exceptions.--If the period prescribed in subsection (a), (b) or (b.1) has expired, a prosecution may nevertheless be commenced for:
(1) Any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself not a party to the offense, but in no case shall this paragraph extend the period of limitation otherwise applicable by more than three years.
(2) Any offense committed by a public officer or employee in the course of or in connection with his office or employment at any time when the defendant is in public office or employment or within five years thereafter, but in no case shall this paragraph extend the period of limitation otherwise applicable by more than eight years.
(3) Any sexual offense committed against a minor who is less than 18 years of age any time up to the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age. As used in this paragraph, the term "sexual offense" means a crime under the following provisions of Title 18 (relating to crimes and offenses):
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 4302 (relating to incest).
Section 4304 (relating to endangering welfare of children).
Section 6301 (relating to corruption of minors).
Section 6312(b) (relating to sexual abuse of children).
Section 6320 (relating to sexual exploitation of children).
(4) An offense in violation of 18 Pa.C.S. § 6111(c) or (g), within one year of its discovery by State or local law enforcement, but in no case shall this paragraph extend the period of limitation otherwise applicable by more than eight years.
(c.1) Genetic identification evidence.--Notwithstanding any provision of law to the contrary, if evidence of a misdemeanor sexual offense set forth in subsection (c)(3) or a felony offense is obtained containing human deoxyribonucleic acid (DNA) which is subsequently used to identify an otherwise unidentified individual as the perpetrator of the offense, the prosecution of the offense may be commenced within the period of limitations provided for the offense or one year after the identity of the individual is determined, whichever is later.
(d) Commission of offense.--An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the complicity of the defendant therein is terminated. Time starts to run on the day after the offense is committed.
(e) Commencement of prosecution.--Except as otherwise provided by general rule adopted pursuant to section 5503 (relating to commencement of matters), a prosecution is commenced either when an indictment is found or an information under section 8931(b) (relating to indictment and information) is issued, or when a warrant, summons or citation is issued, if such warrant, summons or citation is executed without unreasonable delay.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 4, 1978, P.L.873, No.168, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; May 13, 1982, P.L.417, No.122, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Dec. 14, 1984, P.L.986, No.199, eff. 60 days; Dec. 19, 1984, P.L.1089, No.218, eff. imd.; Dec. 19, 1990, P.L.1341, No.208, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Mar. 29, 1996, P.L.51, No.17, eff. 60 days; Dec. 21, 1998, P.L.1086, No.145, eff. 60 days; Dec. 20, 2000, P.L.976, No.136, eff. imd.; Nov. 21, 2001, P.L.844, No.86, eff. 60 days; June 28, 2002, P.L.518, No.86, eff. 60 days; Nov. 30, 2004, P.L.1428, No.185, eff. imd.; July 7, 2006, P.L.378, No.81, eff. 7 days; Nov. 29, 2006, P.L.1581, No.179, eff. 60 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)
2008 Amendment. Act 131 amended subsec. (b)(1) and added subsec. (c)(4).
2006 Amendments. Act 81 amended subsec. (b.1) and Act 179 amended subsec. (c)(3). Section 5 of Act 81 provided that Act 81 shall apply to all actions instituted on or after the effective date of Act 81.
2004 Amendment. Act 185 added subsec. (c.1).
2002 Amendment. Act 86 amended subsecs. (b)(1) and (c) and added subsec. (b.1).
2001 Amendment. Act 86 amended subsec. (b).
1984 Amendments. Acts 199 and 218 amended subsecs. (a) and (b). The amendments by Acts 199 and 218 are identical.
References in Text. Section 3933 of Title 18 (Crimes and Offenses) is repealed. The subject matter is now contained in section 7611 of Title 18.
Sections 4907 and 4908 of Title 18 are repealed.
Cross References. Section 5552 is referred to in section 903 of Title 18 (Crimes and Offenses).
§ 5553. Summary offenses involving vehicles.
(a) General rule.--Except as provided in subsection (b) or (c), proceedings for summary offenses under Title 75 (relating to vehicles) must be commenced within 30 days after the commission of the alleged offense or within 30 days after the discovery of the commission of the offense or the identity of the offender, whichever is later, and not thereafter.
(b) Minor offenses.--(Deleted by amendment).
(c) Exceptions.--
(1) Where proceedings are timely commenced against a person reasonably believed to have committed the summary offense or offenses charged and it subsequently appears that a person other than the person charged is the offender, proceedings may be commenced against the other person within 30 days after the identity of the person is discovered and not thereafter.
(2) Proceedings for summary offenses under Title 75 may be commenced within 365 days after the commission of the offense, the discovery of the commission of the offense or the discovery of the identity of the offender, whichever is later, and not thereafter if the offense involved an accident resulting in the bodily injury or death of any person.
(3) Where a police officer reasonably believes that there are multiple summary offenses arising out of the same conduct or the same criminal episode and that an offense under 75 Pa.C.S. § 1543 (relating to driving while operating privilege is suspended or revoked) has occurred, proceedings on all summary offenses arising from the conduct or episode may be commenced at the same time and must be commenced within 30 days after the commission of the alleged offenses or within 30 days after the discovery of the commission of the offenses or the identity of the offender or within 30 days after the police officer receives verification of the basis for the suspension from the Department of Transportation as required under 75 Pa.C.S. § 1543(d), whichever is later, and not thereafter.
(d) Local ordinances on overtime parking.--Local ordinances pertaining to overtime parking shall be subject to the provisions of this section.
(e) Disposition of proceedings within three years.--No proceedings shall be held or action taken pursuant to a summary offense under Title 75 subsequent to three years after the commission of the offense.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; June 15, 1982, P.L.512, No.141, eff. 60 days; Nov. 29, 2004, P.L.1325, No.166, eff. 60 days; Nov. 29, 2004, P.L.1364, No.176, eff. imd.)
2004 Amendments. Act 166 amended subsecs. (c) and (e) and Act 176 amended subsecs. (a) and (c) and deleted subsec. (b). Act 176 overlooked the amendment by Act 166, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 5553.
Cross References. Section 5553 is referred to in section 5554 of this title.
§ 5554. Tolling of statute.
Except as provided by section 5553(e) (relating to disposition of proceedings within two years), the period of limitation does not run during any time when:
(1) the accused is continuously absent from this Commonwealth or has no reasonably ascertainable place of abode or work within this Commonwealth;
(2) a prosecution against the accused for the same conduct is pending in this Commonwealth; or
(3) a child is under 18 years of age, where the crime involves injuries to the person of the child caused by the wrongful act, or neglect, or unlawful violence, or negligence of the child's parents or by a person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 10, 1985, P.L.193, No.49, eff. 60 days)
SUBCHAPTER D
APPEALS
Sec.
5571. Appeals generally.
5571.1. Appeals from ordinances, resolutions, maps, etc.
5572. Time of entry of order.
5573. Effect of application for rehearing.
5574. Effect of application for amendment to qualify for interlocutory appeal.
Cross References. Subchapter D is referred to in section 1722 of this title.
§ 5571. Appeals generally.
(a) General rule.--The time for filing an appeal, a petition for allowance of appeal, a petition for permission to appeal or a petition for review of a quasi-judicial order, in the Supreme Court, the Superior Court or the Commonwealth Court shall be governed by general rules. No other provision of this subchapter shall be applicable to matters subject to this subsection.
(b) Other courts.--Except as otherwise provided in subsections (a) and (c) and in section 5571.1 (relating to appeals from ordinances, resolutions, maps, etc.), an appeal from a tribunal or other government unit to a court or from a court to an appellate court must be commenced within 30 days after the entry of the order from which the appeal is taken, in the case of an interlocutory or final order.
(c) Exceptions.--
(1) Election cases.--The time for appeal from an order in any matter arising under the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code," or any other statute relating to registration or elections shall, if such statutes provide for a lesser time for appeal, be governed by the appropriate provision of such statutes.
(2) Financing cases.--The time for appeal from an order in any matter arising under the act of July 12, 1972 (P.L.781, No.185), known as the "Local Government Unit Debt Act," or any other statute relating to the incurring of debt by a government unit, shall if such statutes provide for a lesser time for appeal, be governed by the appropriate provision of such statutes.
(3) Probate matters.--The time for appeal from an order of a register of wills under Title 20 (relating to decedents, estates and fiduciaries) shall, if such statute provides a greater time for appeal, be governed by the appropriate provision of such statute.
(4) Execution matters.--The time for appeal from an order of any system or related personnel entered in connection with enforcement of attachments, judgments or similar process or orders shall be governed by general rule.
(5) (Deleted by amendment).
(6) Implied determinations.--When pursuant to law a determination is deemed to have been made by reason of the expiration of a specified period of time after submission of a matter to a tribunal or other government unit or after another prior event, any person affected may treat the expiration of such period as equivalent to the entry of an order for purposes of appeal and any person affected shall so treat the expiration of the period where the person has actual knowledge (other than knowledge of the mere lapse of time) that an implied determination has occurred.
(d) Interlocutory appeals.--A petition for permission to appeal from an interlocutory order must be filed within 30 days after its entry.
(e) Action following grant of permission to appeal.--The period limited by this section is tolled by the filing of a petition for permission to appeal. If the petition is granted further proceedings in the matter, including any time limitations, shall be governed by general rules or rules of court, and not by the provisions of subsections (b) through (d).
(f) Cross appeals.--An appellee may be permitted by general rules or rules of court to take an appeal within the time limited by rule from an order from which another party has taken a timely appeal, notwithstanding the fact that the time otherwise limited by this section has expired.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 9, 2002, P.L.1705, No.215, eff. imd.; July 4, 2008, P.L.325, No.40, eff. imd.)
Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 1082, as amended April 25, 1979, provided that section 5571(b), (c)(4) and (f) shall not be deemed suspended or affected. Rules 1001 through 1082 relate to appellate proceedings with respect to judgments and other decisions of justices of the peace in civil matters. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 1082 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges.
References in Text. The act of July 12, 1972 (P.L.781, No.185), known as the Local Government Unit Debt Act, referred to in subsec. (c), was repealed by the act of December 19, 1996 (P.L.1158, No.177). The subject matter is now contained in Subpart B of Part VIII of Title 53 (Municipalities Generally).
Cross References. Section 5571 is referred to in section 7361 of this title; section 2547 of Title 15 (Corporations and Unincorporated Associations).
§ 5571.1. Appeals from ordinances, resolutions, maps, etc.
(a) Applicability; court of common pleas.--
(1) This section shall apply to any appeal raising questions relating to an alleged defect in the process of or procedure for enactment or adoption of any ordinance, resolution, map or similar action of a political subdivision.
(2) An appeal pursuant to this section shall be to the court of common pleas.
(b) Appeals of defects in statutory procedure.--
(1) Any appeal raising questions relating to an alleged defect in statutory procedure shall be brought within 30 days of the intended effective date of the ordinance.
(2) Except as provided in subsection (c), it is the express intent of the General Assembly that this 30-day limitation shall apply regardless of the ultimate validity of the challenged ordinance.
(c) Exemption from limitation.--An appeal shall be exempt from the time limitation in subsection (b) if the party bringing the appeal establishes that, because of the particular nature of the alleged defect in statutory procedure, the application of the time limitation under subsection (b) would result in an impermissible deprivation of constitutional rights.
(d) Presumptions.--Notwithstanding any other provision of law, appeals pursuant to this section shall be subject to and in accordance with the following:
(1) An ordinance