SENATE AMENDED
        PRIOR PRINTER'S NO. 97                        PRINTER'S NO. 3232

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 88 Session of 1983


        INTRODUCED BY MAIALE, SALVATORE, O'DONNELL AND BELOFF,
           JANUARY 31, 1983

        SENATOR SNYDER, JUDICIARY, IN SENATE, AS AMENDED, JUNE 18, 1984

                                     AN ACT

     1  Amending Title 42 (Judicial and Judiciary Procedure) of the
     2     Pennsylvania Consolidated Statutes, FURTHER providing for the  <--
     3     temporary assignment of SENIOR Philadelphia Municipal Court    <--
     4     judges AND OTHER JUDGES AND FOR APPEALS.                       <--

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     SECTION 1.  SECTION 4121 OF TITLE 42 OF THE PENNSYLVANIA       <--
     8  CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
     9  § 4121.  ASSIGNMENT OF JUDGES.
    10     * * *
    11     (D)  LIMITATION ON ASSIGNMENT.--NO JUDGE, ACTIVE OR SENIOR,
    12  MAY BE ASSIGNED TO A COURT HIGHER THAN THAT TO WHICH HE WAS
    13  ELECTED.
    14     Section 1 2.  Title 42 of the Pennsylvania Consolidated        <--
    15  Statutes is amended by adding a section to read:
    16  § 4124.  Assignment of SENIOR Philadelphia Municipal Court        <--
    17             judges.
    18     (a)  General rule.--Subject to general rules, any judge may    <--

     1  be temporarily assigned to another court and may there hear and
     2  determine any matter with like effect as if duly commissioned to
     3  sit in that other court.
     4     (b)  Senior judges.--A senior judge who has not been defeated
     5  for reelection or suspended or removed from office and who has
     6  served an aggregate of four years as an elected judge AND WHO IS  <--
     7  REQUIRED TO RETIRE AT AGE 70 may, with his consent, be assigned
     8  on temporary judicial service pursuant to subsection (a). TO      <--
     9  THAT COURT.
    10     SECTION 3.  SECTION 5571(B) OF TITLE 42 IS AMENDED TO READ:
    11  § 5571.  APPEALS GENERALLY.
    12     * * *
    13     (B)  OTHER COURTS.--EXCEPT AS OTHERWISE PROVIDED IN
    14  SUBSECTIONS (A) AND (C), AN APPEAL FROM A TRIBUNAL OR OTHER
    15  GOVERNMENT UNIT TO A COURT OR FROM A COURT TO AN APPELLATE COURT
    16  MUST BE COMMENCED WITHIN 30 DAYS AFTER THE ENTRY OF THE ORDER
    17  FROM WHICH THE APPEAL IS TAKEN, IN THE CASE OF AN INTERLOCUTORY
    18  OR FINAL ORDER. A COURT MAY ALLOW AN APPEAL TO BE FILED NUNC PRO
    19  TUNC.
    20     * * *
    21     Section 2 4.  This act shall take effect immediately.          <--






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