PRINTER'S NO. 2278
No. 1783 Session of 2001
INTRODUCED BY DALEY, DALLY, GANNON, BELFANTI, LEDERER, THOMAS,
CALTAGIRONE, McCALL, FEESE, BLAUM, M. BAKER, BEBKO-JONES,
BARD, McILHATTAN, SCHULER, SOLOBAY, R. MILLER, PHILLIPS,
O'BRIEN, MELIO, WILT, GODSHALL, SAYLOR, STERN, WOGAN, HORSEY,
MACKERETH, DiGIROLAMO, B. SMITH, J. EVANS, L. I. COHEN,
CORNELL, MARKOSEK, CURRY, SCHRODER, J. TAYLOR, PETRARCA,
DERMODY, BUTKOVITZ, COLAFELLA, MARSICO, McGEEHAN, HARHAI,
BUXTON, SURRA, TRAVAGLIO, LYNCH, KREBS, MAITLAND, M. COHEN,
KELLER, TULLI, CLYMER, FICHTER, TANGRETTI, COLEMAN, RUBLEY,
PALLONE, D. EVANS, HARPER, LAWLESS, DAILEY, KENNEY, BUNT,
MANN, HARHART, ALLEN, C. WILLIAMS, NICKOL, McGILL, BROWNE,
WATSON, SHANER, LUCYK, HENNESSEY, CRUZ, CIVERA, STEIL,
R. STEVENSON, RAYMOND, LaGROTTA, STETLER, WALKO, SANTONI,
PISTELLA, FLEAGLE, ROBERTS, GEIST, CREIGHTON, STAIRS,
PETRONE, CORRIGAN, J. BAKER, SEMMEL, HERMAN, MAYERNIK,
KAISER, FRANKEL, MICHLOVIC, DIVEN, TRICH, COY, PRESTON,
McILHINNEY, TRELLO, ROBINSON, YUDICHAK, STURLA, ROONEY,
FAIRCHILD, HESS, HABAY, EACHUS, DeWEESE, BASTIAN, LESCOVITZ,
GRUITZA, McNAUGHTON AND BOYES, JUNE 19, 2001
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 19, 2001
AN ACT
1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
2 as amended, "An act relating to counties of the first, third,
3 fourth, fifth, sixth, seventh and eighth classes; amending,
4 revising, consolidating and changing the laws relating
5 thereto; relating to imposition of excise taxes by counties,
6 including authorizing imposition of an excise tax on the
7 rental of motor vehicles by counties of the first class; and
8 providing for regional renaissance initiatives," further
9 providing for qualifications, eligibility and compensation
10 for district attorneys; making an appropriation; and making
11 repeals.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 102 of the act of August 9, 1955
1 (P.L.323, No.130), known as The County Code, amended June 18,
2 1997 (P.L.179, No.18), is amended to read:
3 Section 102. Applicability.--(a) Except incidentally, as in
4 sections 108, 201, 210 [and], 211[,] and 1401 or as provided in
5 Article XXX, this act does not apply to counties of the first,
6 second A, or second classes.
7 (b) Except where otherwise specifically limited, this act
8 applies to all counties of the third, fourth, fifth, sixth,
9 seventh and eighth classes.
10 Section 2. Section 1401 of the act, amended June 16, 1972
11 (P.L.468, No.149) and November 23, 1994 (P.L.640, No.98), is
12 amended to read:
13 Section 1401. District Attorney; Qualifications;
14 Eligibility; Compensation.--(a) The district attorney shall be
15 a resident of the county, [learned in the law,] at least
16 [eighteen] twenty-five years of age, and a citizen of the United
17 States [and, except as otherwise provided in subsection (b) of
18 this section for counties of the seventh and eighth classes],
19 shall have been admitted to practice as an attorney before the
20 Supreme Court of this Commonwealth for at least one year prior
21 to taking the oath of office and shall have resided in the
22 county for which he is elected or appointed for two years next
23 preceding his election or appointment.
24 [(b) In counties of the seventh and eighth classes, the
25 district attorney shall have resided in the county for which he
26 is elected or appointed for one year next preceding his election
27 or appointment, and be a resident of such county.
28 (c) In counties of the third, fourth, fifth and sixth
29 classes, the district attorney shall have been admitted to
30 practice as an attorney before the Supreme or Superior Courts of
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1 this Commonwealth for at least two years prior to the time for
2 taking the oath of office, or shall have been admitted to
3 practice before the Supreme or Superior Courts of this
4 Commonwealth for at least six months prior to the time for
5 taking the oath of office, and have been practicing law before a
6 court of record of this Commonwealth for at least five years.
7 (d) In counties of the seventh class, the district attorney
8 shall have been admitted to practice as an attorney before the
9 Supreme or Superior Courts of this Commonwealth for at least six
10 months prior to the time for taking the oath of office, and
11 shall have practiced before a court of record of this
12 Commonwealth for at least two years.
13 (e) In counties of the eighth class, the district attorney
14 shall have been admitted to practice as an attorney in the
15 Supreme or Superior Court of this Commonwealth prior to the time
16 for taking the oath of office, and shall have practiced law
17 before a court of record of this Commonwealth for eighteen
18 months prior to the time for taking the oath of office.]
19 (f) No district attorney shall be eligible [to] for a seat
20 in the Legislature or to any other office under the laws and
21 Constitution of the Commonwealth, excepting an office or
22 commission in the militia of the Commonwealth, during his
23 continuance in office.
24 (g) [The commissioners of any county may by ordinance fix
25 the services of the district attorney at full time. Such
26 determination may be made at any time, provided that the
27 determination shall not be made between the first day for the
28 circulation of nominating petitions for the office of district
29 attorney and January of the subsequent year. The president judge
30 of the court of common pleas of the judicial district and the
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1 district attorney may make recommendations at any time to the
2 county commissioners on the advisability of full-time service by
3 the district attorney, but the same shall not be binding on
4 them.
5 When the determination by the county commissioners to require
6 a full-time district attorney becomes effective and operative,
7 he]
8 (1) Except as provided in paragraph (3), district attorneys
9 of counties of the third, fourth, fifth, sixth and seventh class
10 shall be full time. In counties of the eighth class, the
11 district attorney shall be full time where the president judge
12 of the county court of common pleas certifies that two or more
13 of the following factors are present in the county:
14 (i) the average caseload of felony, misdemeanor and juvenile
15 cases for the past five years has exceeded two hundred per year;
16 (ii) the average caseload for homicide cases for the past
17 five years has equaled or exceeded one per year;
18 (iii) the county has any State correctional facility,
19 juvenile detention facility, youth development center, youth
20 forestry camp, other licensed residential facility serving
21 children and youth, or mental health or mental retardation
22 facility or institution, with a population exceeding two hundred
23 fifty, or if the county has more than one such facility or
24 institution, the aggregate population of such facilities and
25 institutions exceeds two hundred fifty;
26 (iv) a major controlled substances transportation route
27 passes through the county;
28 (v) the average number of convictions under 75 Pa.C.S. §
29 3731 (relating to driving under influence of alcohol or
30 controlled substance) subject to the alcoholic ignition
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1 interlock statutory provision requirements exceeds thirty per
2 year; or
3 (vi) the county constitutes a single and separate judicial
4 district.
5 (2) A full-time district attorney shall be compensated at
6 one thousand dollars ($1,000) lower than the compensation paid
7 to a judge of the court of common pleas in the respective
8 judicial district. [It is the legislative intent that all
9 provisions of this subsection requiring full-time service shall
10 be unenforceable until such time as the accompanying salary
11 provisions take effect.
12 Once the determination for a full-time district attorney is
13 made,]
14 (3) In a county where the office of district attorney is
15 full time, it shall not thereafter be changed except by
16 referendum of the electorate of the said county. Such referendum
17 may be instituted by the county commissioners or on petition by
18 five per cent of the electors voting for the office of Governor
19 in the last gubernatorial general election. Such referendum may
20 be held at any election preceding the year in which the district
21 attorney shall be elected. Such district attorney shall devote
22 full time to the office. The district attorney while in office,
23 shall not derive any other income as a result of honorariums,
24 profit shares or divisions of income from any firm with which
25 the district attorney was associated prior to election. This
26 limitation shall not be construed, however, to preclude payment
27 of fees earned for legal work done prior to, but not concluded
28 until after his election as district attorney. In addition the
29 district attorney shall not engage in any private practice and
30 must be completely disassociated with any firm with which the
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1 district attorney was affiliated prior to election, nor shall
2 the district attorney-elect accept any civil or criminal cases
3 after being elected to the office. [Furthermore, the district
4 attorney shall be subject to the canons of ethics as applied to
5 judges in the courts of common pleas of this Commonwealth in so
6 far as such canons apply to salaries, full-time duties and
7 conflicts of interest.
8 Any complaint by a citizen of the county that a full-time
9 district attorney may be in violation of this section shall be
10 made to the Disciplinary Board of the Supreme Court of
11 Pennsylvania, for determination as to the merit of the
12 complaint. If any substantive basis is found, the board shall
13 proceed forthwith in the manner prescribed by the rules of the
14 Supreme Court and make such recommendation for disciplinary
15 action as it deems advisable, provided, however, that if the
16 Supreme Court deems the violation so grave as to warrant removal
17 from office, the prothonotary of the said court shall transmit
18 its findings to the Speaker of the House of Representatives for
19 such action as the House deems advisable under Article VI of the
20 Constitution of the Commonwealth of Pennsylvania.
21 Where no such determination to require a full-time district
22 attorney is made, the district attorney shall be permitted to
23 have an outside practice.
24 Notwithstanding the provision of any other statute, the
25 annual salaries of part-time district attorneys shall be as
26 follows:]
27 (4) Each part-time district attorney holding office on the
28 date this paragraph becomes effective shall become full time
29 sixty days thereafter, unless the district attorney elects not
30 to assume full-time status for the remainder of the district
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1 attorney's current term of office. The election shall be in
2 writing and delivered to the chairman of the county
3 commissioners, the Secretary of Revenue and the State Treasurer.
4 Where a district attorney elects not to assume fill-time status,
5 the district attorney shall be permitted to have an outside
6 practice and shall be compensated, notwithstanding the
7 provisions of any other statutes, as follows: In counties of the
8 third or fourth class, the salary shall be sixty per cent of the
9 annual salary payable to the judge of the court of common pleas
10 of the judicial district of the county; in a county of the fifth
11 or sixth class, the salary shall be fifty per cent of the annual
12 salary payable to the judge of the court of common pleas of the
13 judicial district of the county; and in a county of the seventh
14 or eighth class, the salary shall be forty per cent of the
15 annual salary payable to the judge of the court of common pleas
16 of the judicial district of the county.
17 (5) Subject to the provisions of paragraph (1), any district
18 attorney who is part time at the time of the district attorney's
19 election shall become full time on the date set forth by statute
20 for the administration of the oath of office.
21 (h) In the event of a vacancy in the office of district
22 attorney, the person appointed to serve the remainder of the
23 unexpired term shall be bound by the election made in subsection
24 (g)(4) for the remainder of said term.
25 (i) A district attorney shall be subject to the Rules of
26 Professional Conduct and the canons of ethics as applied to
27 judges in the courts of common pleas of this Commonwealth
28 insofar as such canons apply to salaries, full-time duties and
29 conflicts of interest. Any complaint by a citizen of the county
30 that a full-time district attorney may be in violation of this
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1 section shall be made to the Disciplinary Board of the Supreme
2 Court of Pennsylvania. If any substantive basis is found, the
3 board shall proceed forthwith in the manner prescribed by the
4 rules of the Supreme Court and make such recommendation for
5 disciplinary action as it deems advisable; provided, however,
6 that if the Supreme Court deems the violation so grave as to
7 warrant removal from office, the prothonotary of the Supreme
8 Court shall transmit its findings to the Speaker of the House of
9 Representatives for such action as the House of Representatives
10 deems appropriate under Article VI of the Constitution of
11 Pennsylvania.
12 (j) The Commonwealth shall reimburse each county with a
13 full-time district attorney an amount equal to sixty-five
14 percent (65%) of the salary of a judge of the court of common
15 pleas.
16 Section 3. The sum of $5,000,000, or as much thereof as may
17 be necessary, is hereby appropriated to the Attorney General for
18 the fiscal year July 1, 2001, to June 30, 2002, to carry out the
19 provisions of section 1401(j) of the act.
20 Section 4. The following acts and parts of acts are
21 repealed:
22 Act of April 12, 1866 (P.L.103, No.91), entitled "An act
23 relative to the fees of district attorney, in certain counties
24 of this commonwealth."
25 Act of March 14, 1905 (P.L.37, No.19), entitled "An act to
26 fix the salaries of district attorneys, and providing for the
27 appointment of assistant district attorneys, in the several
28 counties of this Commonwealth having over eight hundred thousand
29 inhabitants; prescribing the powers and duties, and fixing the
30 salaries of the said assistant district attorneys."
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1 Act of April 17, 1905 (P.L.170, No.125), entitled "An act
2 providing that the district attorneys, in all counties whose
3 population does not exceed one hundred and fifty thousand, shall
4 be paid a salary, and fixing the same, which shall be in lieu of
5 all fees, and in full compensation for their services; and
6 providing for the appointment of assistant district attorneys in
7 said counties, and for the compensation of the same; and
8 providing that the fees heretofore allowed the district
9 attorneys upon indictments shall remain in amount as heretofore,
10 but shall hereafter be as part of the costs, for the use and
11 benefit of the proper county."
12 Act of July 9, 1919 (P.L.795, No.329), entitled "An act to
13 fix the salaries of district attorneys in counties having a
14 population of less than one million inhabitants."
15 Section 1401 of the act of July 28, 1953 (P.L.723, No.230),
16 known as the Second Class County Code.
17 Section 5. This act shall take effect immediately.
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