PRIOR PRINTER'S NOS. 1075, 1679, 1955, PRINTER'S NO. 2100
1986, 2066
No. 935 Session of 1975
Report of the Committee of Conference
To the Members of the Senate and House of Representatives:
We, the undersigned, Committee of Conference on the part of
the Senate and House of Representatives for the purpose of
considering Senate Bill No. 935, entitled:
"An act amending Titles 42 (Judiciary and Judicial Procedure),
15 (Corporations and Unincorporated Associations), 18 (Crimes
and Offenses) and 71 (State Government) of the Pennsylvania
Consolidated Statutes, adding revised, codified and compiled
provisions relating to judiciary and judicial procedure,
including certain judicially enforceable rights, duties,
immunities and liabilities and separately enacting certain
related provisions of law."
respectfully submit the following bill as our report:
LOUIS G. HILL
ROBERT L. MYERS, III
HENRY G. HAGER
(Committee on the part of the Senate.)
NORMAN S. BERSON
CHARLES N. CAPUTO
WARREN H. SPENCER
(Committee on the part of the House of Representatives.)
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure), 15
2 (Corporations and Unincorporated Associations), 18 (Crimes
3 and Offenses) and 71 (State Government) of the Pennsylvania
4 Consolidated Statutes, adding revised, codified and compiled
5 provisions relating to judiciary and judicial procedure,
6 including certain judicially enforceable rights, duties,
7 immunities and liabilities and separately enacting certain
8 related provisions of law.
9 TABLE OF CONTENTS
10 TITLE 42
11 JUDICIARY AND JUDICIAL PROCEDURE
12 PART I. PRELIMINARY PROVISIONS
13 Chapter 1. General Provisions
14 § 101. Short title of title.
15 § 102. Definitions.
16 § 103. Principles of construction.
17 PART II. ORGANIZATION
18 SUBPART A. COURTS AND DISTRICT JUSTICES
19 ARTICLE A. PRELIMINARY PROVISIONS
20 Chapter 3. General Structure and Powers
21 Subchapter A. Unified Judicial System
22 § 301. Unified judicial system.
23 Subchapter B. General Provisions Relating to Courts
24 § 321. Court of record.
25 § 322. Seal.
26 § 323. Powers.
27 § 324. Sessions and terms of court.
28 § 325. Chief Justice and president judges.
29 § 326. Quorum.
30 § 327. Oaths and acknowledgments.
31 ARTICLE B. APPELLATE COURTS
32 Chapter 5. Organization of Appellate Courts
1 Subchapter A. Supreme Court of Pennsylvania
2 § 501. Supreme Court.
3 § 502. General powers of Supreme Court.
4 § 503. Reassignment of matters.
5 § 504. Seat of court.
6 Subchapter B. Superior Court of Pennsylvania
7 § 541. Superior Court.
8 § 542. Powers of Superior Court.
9 § 543. Seat of court.
10 Subchapter C. Commonwealth Court of Pennsylvania
11 § 561. Commonwealth Court.
12 § 562. Powers of Commonwealth Court.
13 § 563. Seat of court.
14 § 564. Evidentiary hearings.
15 Chapter 7. Jurisdiction of Appellate Courts
16 Subchapter A. General Provisions
17 § 701. Scope of subchapter.
18 § 702. Interlocutory orders.
19 § 703. Place and form of filing appeals.
20 § 704. Waiver of objections to jurisdiction.
21 § 705. Transfers between intermediate appellate courts.
22 § 706. Disposition of appeals.
23 § 707. Lien of judgments FOR MONEY. <--
24 § 708. Improvident administrative appeals and other matters.
25 Subchapter B. Jurisdiction of Supreme Court
26 § 721. Original jurisdiction.
27 § 722. Direct appeals from courts of common pleas.
28 § 723. Appeals from the Commonwealth Court.
29 § 724. Allowance of appeals from Superior and Commonwealth
30 Courts.
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1 § 725. Direct appeals from constitutional and judicial
2 agencies.
3 § 726. Extraordinary jurisdiction.
4 Subchapter C. Jurisdiction of Superior Court
5 § 741. Original jurisdiction.
6 § 742. Appeals from courts of common pleas.
7 Subchapter D. Jurisdiction of Commonwealth Court
8 § 761. Original jurisdiction.
9 § 762. Appeals from courts of common pleas.
10 § 763. Direct appeals from administrative agencies.
11 ARTICLE C. COURTS OF COMMON PLEAS
12 Chapter 9. Organization and Jurisdiction of Courts of Common
13 Pleas
14 Subchapter A. Judicial Districts
15 § 901. Judicial districts.
16 Subchapter B. Organization of Courts of Common Pleas
17 § 911. Courts of common pleas.
18 § 912. Powers of courts of common pleas.
19 § 913. Seats of courts.
20 Subchapter C. Jurisdiction of Courts of Common Pleas
21 § 931. Original jurisdiction and venue.
22 § 932. Appeals from minor judiciary.
23 § 933. Appeals from administrative agencies.
24 § 934. Writs of certiorari.
25 Subchapter D. Court Divisions
26 § 951. Court divisions.
27 § 952. Status of court divisions.
28 § 953. Administrative judges of divisions.
29 ARTICLE D. MINOR COURTS
30 Chapter 11. Community and Municipal Courts
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1 Subchapter A. Community Courts
2 § 1101. Community Courts.
3 § 1102. Establishment or discontinuance of community courts.
4 § 1103. Powers of community courts.
5 § 1104. Seats of courts.
6 § 1105. Jurisdiction and venue.
7 § 1106. Lien of judgments.
8 Subchapter B. Philadelphia Municipal Court
9 § 1121. Philadelphia Municipal Court.
10 § 1122. Seat of court.
11 § 1123. Jurisdiction and venue.
12 § 1124. Lien of judgments.
13 Subchapter C. Pittsburgh Magistrates Court
14 § 1141. Pittsburgh Magistrates Court.
15 § 1142. Seat of court.
16 § 1143. Jurisdiction and venue.
17 Chapter 13. Traffic Courts
18 Subchapter A. General Provisions
19 § 1301. Seats of traffic courts.
20 § 1302. Jurisdiction and venue.
21 § 1303. Signatures and dockets.
22 Subchapter B. Traffic Court of Philadelphia
23 § 1321. Traffic Court of Philadelphia.
24 Subchapter C. Traffic Court of Pittsburgh
25 § 1331. Traffic Court of Pittsburgh.
26 § 1332. Operations of traffic court.
27 ARTICLE E. DISTRICT JUSTICES
28 Chapter 15. District Justices
29 Subchapter A. Magisterial Districts
30 § 1501. Definitions.
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1 § 1502. Classification of districts.
2 § 1503. Reestablishment of districts.
3 Subchapter B. District Justices
4 § 1511. District justices.
5 § 1512. Seal.
6 § 1513. Powers of district justices.
7 § 1514. Offices.
8 § 1515. Jurisdiction and venue.
9 § 1516. Lien of judgment.
10 SUBPART B. OTHER STRUCTURAL PROVISIONS
11 Chapter 17. Governance of the System
12 Subchapter A. General Provisions
13 § 1701. General supervisory and administrative authority of the
14 Supreme Court.
15 § 1702. Rule making procedures.
16 Subchapter B. Specific Powers of the Governing Authority of
17 the System
18 § 1721. Delegation of powers.
19 § 1722. Adoption of administrative and procedural rules.
20 § 1723. General supervisory and administrative authority.
21 § 1724. Personnel of the system.
22 § 1725. Establishment of fees and charges.
23 § 1726. Establishment of taxable costs.
24 § 1727. Budget and financial matters.
25 § 1728. Recognition of related organizations.
26 § 1729. Conferences and institutes.
27 § 1730. Boards, councils, commissions and committees.
28 Chapter 19. Administrative Office of Pennsylvania Courts
29 § 1901. Court Administrator of Pennsylvania.
30 § 1902. Administrative Office of Pennsylvania Courts.
19750S0935B2100 - 5 -
1 § 1903. Staff.
2 Chapter 21. Judicial Boards and Commissions
3 Subchapter A. Judicial Inquiry and Review Board
4 § 2101. Judicial Inquiry and Review Board.
5 § 2102. Composition of board.
6 § 2103. Organization.
7 § 2104. Staff.
8 § 2105. Powers and duties.
9 Subchapter B. Judicial Qualifications Commission (Reserved)
10 Subchapter C. Jury Selection Commissions
11 § 2121. Jury selection commissions.
12 § 2122. Composition of jury selection commissions.
13 § 2123. Staff.
14 § 2124. Powers and duties.
15 Subchapter D. Minor Judiciary Education Board
16 § 2131. Minor Judiciary Education Board.
17 § 2132. Composition of board.
18 § 2133. Organization.
19 § 2134. Staff.
20 § 2135. Powers and duties.
21 Subchapter E. Boards of Viewers
22 § 2141. Boards of viewers.
23 § 2142. Composition of boards.
24 § 2143. Staff.
25 § 2144. Powers and duties.
26 Chapter 23. System and Related Personnel <--
27 CHAPTER 23. PERSONNEL OF THE SYSTEM <--
28 § 2301. Appointment of personnel.
29 § 2302. Maintenance of adequate county staff.
30 § 2303. Powers of system and related personnel. <--
19750S0935B2100 - 6 -
1 Chapter 25. Representation of Litigants
2 Subchapter A. General Provisions
3 § 2501. Appearance in person or by counsel.
4 § 2502. Certain persons not to appear as counsel.
5 § 2503. Right of participants to receive counsel fees.
6 Subchapter B. Attorneys and Counsellors
7 § 2521. Office of attorney-at-law.
8 § 2522. Oath of office.
9 § 2523. Persons specially admitted by local rules.
10 § 2524. Penalty for unauthorized practice of law.
11 § 2525. Unauthorized solicitation prohibited.
12 Chapter 27. Office of the Clerk of the Court of Common Pleas
13 Subchapter A. General Provisions
14 § 2701. Scope and purpose of chapter.
15 § 2702. Place of filing of documents.
16 § 2703. Notice of transfer of functions and duties.
17 § 2704. Responsibility for entry, maintenance and certification
18 of data.
19 Subchapter B. Prothonotaries
20 § 2731. Prothonotary.
21 § 2732. Selection of prothonotary.
22 § 2733. Seal.
23 § 2734. Office of the prothonotary.
24 § 2735. Staff.
25 § 2736. Matters or documents filed in the office of the
26 prothonotary.
27 § 2737. Powers and duties of the office of the prothonotary.
28 § 2738. Criminal, probate, estates and fiduciary matters.
29 Subchapter C. Clerks of the Courts
30 § 2751. Clerk of the courts.
19750S0935B2100 - 7 -
1 § 2752. Selection of clerk of the courts.
2 § 2753. Seal.
3 § 2754. Office of the clerk of the courts.
4 § 2755. Staff.
5 § 2756. Matters or documents filed in the office of the clerk
6 of the courts.
7 § 2757. Powers and duties of the office of the clerk of the
8 courts.
9 Subchapter D. Clerks of Orphans' Court Divisions
10 § 2771. Clerk of the orphans' court division.
11 § 2772. Selection of clerk of the orphans' court division.
12 § 2773. Seal.
13 § 2774. Office of the clerk of the orphans' court division.
14 § 2775. Staff.
15 § 2776. Matters or documents filed in the office of the clerk
16 of the orphans' court division.
17 § 2777. Powers and duties of the office of the clerk of the
18 orphans' court division.
19 PART III. SELECTION, RETENTION AND REMOVAL OF
20 JUDICIAL OFFICERS
21 Chapter 31. Selection and Retention of Judicial Officers
22 Subchapter A. Qualifications Generally
23 § 3101. Qualifications of judicial officers generally.
24 Subchapter B. Qualifications of Certain Minor Judiciary
25 § 3111. Definitions.
26 § 3112. Course of instruction and examination required.
27 § 3113. Content of course of instruction and examination.
28 § 3114. Admission of interested persons.
29 § 3115. Certification of successful completion of course.
30 § 3116. Effect of failure to obtain certificate.
19750S0935B2100 - 8 -
1 § 3117. Expenses.
2 § 3118. Rules and regulations.
3 Subchapter C. Selection of Judicial Officers
4 § 3131. Selection of judicial officers for regular terms.
5 § 3132. Vacancies in office.
6 § 3133. Commonwealth Court judges.
7 § 3134. Community Court judges.
8 § 3135. Increase in number of judges.
9 Subchapter D. Tenure and Compensation
10 § 3151. Oath of office.
11 § 3152. Tenure of judicial officers.
12 § 3153. Retention elections.
13 § 3154. Compensation of judicial officers.
14 Chapter 33. Discipline, Removal and Retirement of Judicial
15 Officers
16 Subchapter A. Standards of Conduct
17 § 3301. Constitutional restrictions.
18 § 3302. Additional restrictions.
19 § 3303. Additional compensation prohibited.
20 § 3304. Acting as collection agent or paid arbitrator
21 prohibited.
22 § 3305. Automatic removal upon conviction or disbarment.
23 § 3306. Automatic removal upon nonjudicial candidacy.
24 § 3307. Automatic suspension of judicial officers under
25 impeachment.
26 Subchapter B. Establishment and Discontinuance of Courts
27 § 3321. Establishment of community courts.
28 § 3322. Discontinuance of community courts.
29 Subchapter C. Discipline and Removal by Judicial Inquiry and
30 Review Board
19750S0935B2100 - 9 -
1 § 3331. Power of discipline or removal.
2 § 3332. Investigation and hearing.
3 § 3333. Recommendation to and action by Supreme Court.
4 § 3334. Proceedings confidential.
5 Subchapter D. Retirement
6 § 3351. Automatic retirement on age.
7 § 3352. Pension rights.
8 PART IV. FINANCIAL MATTERS
9 Chapter 35. Budget and Finance
10 Subchapter A. General Provisions
11 § 3501. Definitions.
12 § 3502. Financial regulations.
13 § 3503. Penalties.
14 Subchapter B. Judicial Department Budget and Finance
15 § 3521. Development of budget information.
16 § 3522. Preparation of tentative budget request.
17 § 3523. Adoption of final budget request.
18 § 3524. Form of Judicial Department appropriation.
19 § 3525. List of employees to be furnished.
20 § 3526. Release of funds.
21 § 3527. Estimates of current expenditures by Administrative
22 Office.
23 § 3528. Fiscal period.
24 § 3529. Audits of affairs of unified judicial system.
25 § 3530. Preparation of requisitions.
26 Subchapter C. County Finance
27 § 3541. Judicial and correctional RELATED account. <--
28 § 3542. Credits to account. RECEIPTS. <--
29 § 3543. Debits to account. <--
30 § 3544. (Reserved).
19750S0935B2100 - 10 -
1 § 3545. (Reserved).
2 § 3543. CREDITS TO ACCOUNT. <--
3 § 3544. DISBURSEMENTS.
4 § 3545. DEBITS TO ACCOUNT.
5 § 3546. Relief from liability for loss of property if expenses
6 not paid.
7 Subchapter D. Money Paid into Court
8 § 3561. Money paid into court.
9 Chapter 37. Facilities and Supplies
10 Subchapter A. Statewide Facilities and Services
11 § 3701. Pennsylvania Judicial Center (RESERVED). <--
12 § 3702. General facilities and services furnished by
13 Administrative Office.
14 § 3703. Local chamber facilities.
15 § 3704. Local facilities for holding sessions of Statewide
16 courts.
17 Subchapter B. District and County Facilities and Services
18 § 3721. County judicial center.
19 § 3722. General facilities and services furnished by county.
20 § 3723. Other facilities and services furnished by
21 Administrative Office.
22 § 3724. County law libraries.
23 § 3725. Standards of local facilities and services.
24 § 3726. Manner of expenditure of local funds.
25 PART V. ADMINISTRATION OF JUSTICE GENERALLY
26 Chapter 41. Administration of Justice
27 Subchapter A. General Provisions
28 § 4101. Coordination of activities.
29 § 4102. Cooperative duties. <--
30 Subchapter B. Temporary Assignment of Judges and District
19750S0935B2100 - 11 -
1 Justices
2 § 4121. Assignment of judges.
3 § 4122. Assignment of district justices.
4 § 4123. Assignment procedure.
5 Subchapter C. Contempt of Court
6 § 4131. Classification of penal contempts.
7 § 4132. Punishment for contempt.
8 § 4133. Imprisonment for failure to pay fine.
9 § 4134. Publication out of court.
10 § 4135. Criminal contempt.
11 Chapter 43. Dockets, Indices and Other Records
12 Subchapter A. Establishment, Maintenance and Effect of
13 Judicial Records
14 § 4301. Establishment and maintenance of judicial records.
15 § 4302. Effect of records as notice.
16 § 4303. Effect of judgment as lien.
17 § 4304. Notice of Federal pending action (Reserved).
18 § 4305. Federal judgments.
19 § 4306. Enforcement of foreign judgments.
20 Subchapter B. Disposition of Obsolete Records
21 § 4321. Record retention schedules.
22 § 4322. Destruction and disposition of obsolete records.
23 § 4323. Form of permanent recordation.
24 § 4324. Copies of destroyed records.
25 § 4325. Duplicate permanent records.
26 § 4326. Original records meriting special care.
27 § 4327. Transfer of custody to local museum upon application.
28 Chapter 45. Juries and Jurors (Reserved)
29 PART VI. ACTIONS, PROCEEDINGS AND
30 OTHER MATTERS GENERALLY
19750S0935B2100 - 12 -
1 Chapter 51. Preliminary Provisions
2 § 5101. Remedy to exist for legal injury.
3 § 5102. Place and form of filing applications for relief.
4 § 5103. Transfer of erroneously filed matters.
5 § 5104. Trial by jury.
6 § 5105. Right to appellate review.
7 § 5106. Change of venue.
8 Chapter 53. Bases of Jurisdiction and Interstate and
9 International Procedure
10 Subchapter A. General Provisions
11 § 5301. Persons.
12 § 5302. Land.
13 § 5303. Chattels.
14 § 5304. Documents.
15 § 5305. Corporate shares.
16 § 5306. Obligations.
17 § 5307. Status.
18 Subchapter B. Interstate and International Procedure
19 § 5321. Short title of subchapter.
20 § 5322. Bases of personal jurisdiction over persons outside
21 this Commonwealth.
22 § 5323. Service of process on persons outside this
23 Commonwealth.
24 § 5324. Assistance to tribunals and litigants outside this
25 Commonwealth with respect to service.
26 § 5325. When and how a deposition may be taken outside this
27 Commonwealth.
28 § 5326. Assistance to tribunals and litigants outside this
29 Commonwealth with respect to depositions.
30 § 5327. Determination of foreign law.
19750S0935B2100 - 13 -
1 § 5328. Proof of official records.
2 § 5329. Other provisions of law unaffected.
3 Chapter 55. Limitation of Time
4 Subchapter A. General Provisions
5 § 5501. Scope of chapter.
6 § 5502. Method of computing periods of limitation generally.
7 § 5503. Commencement of matters.
8 § 5504. Judicial extension of time.
9 § 5505. Modification of orders.
10 Subchapter B. Civil Actions and Proceedings
11 § 5521. Limitations on foreign claims.
12 § 5522. Six months limitation.
13 § 5523. One year limitation.
14 § 5524. Two year limitation.
15 § 5525. Four year limitation.
16 § 5526. Five year limitation.
17 § 5527. Six year limitation.
18 § 5528. Fifteen year limitation.
19 § 5529. Twenty year limitation.
20 § 5530. Twenty-one year limitation.
21 § 5531. No limitation.
22 § 5532. Absence or concealment.
23 § 5533. Infancy, insanity or imprisonment. <--
24 § 5533. (RESERVED). <--
25 § 5534. War.
26 § 5535. Effect of other actions and proceedings.
27 § 5536. Construction projects.
28 Subchapter C. Criminal Proceedings
29 § 5551. No limitation applicable to murder.
30 § 5552. Other offenses.
19750S0935B2100 - 14 -
1 § 5553. Tolling of statute.
2 Subchapter D. Appeals
3 § 5571. Appeals generally.
4 § 5572. Time of entry of order.
5 § 5573. Effect of application for rehearing.
6 § 5574. Effect of application for amendment to qualify for
7 interlocutory appeal.
8 Chapter 57. Bonds and Recognizances
9 Subchapter A. General Provisions
10 § 5701. Right to bail.
11 § 5702. Bail to be governed by general rules.
12 Subchapter B. Professional Bondsmen
13 § 5741. Definitions.
14 § 5742. Registration and licensure required.
15 § 5743. Issuance of license.
16 § 5744. Office.
17 § 5745. Refusal to grant or renew license.
18 § 5746. Suspension or revocation of license.
19 § 5747. Statements by fidelity or surety companies.
20 § 5748. Maximum premiums.
21 § 5749. Prohibitions and penalties.
22 Chapter 59. Depositions and Witnesses
23 Subchapter A. Witnesses Generally
24 § 5901. Judicial oath.
25 § 5902. Effect of religious beliefs.
26 CRIMINAL PROCEEDINGS
27 § 5911. Competency of witnesses generally.
28 § 5912. Disqualification by perjury.
29 § 5913. Spouses as witnesses against each other.
30 § 5914. Confidential communications between spouses.
19750S0935B2100 - 15 -
1 § 5915. Testimony by spouse in rebuttal.
2 § 5916. Confidential communications to attorney.
3 § 5917. Notes of evidence at former trial.
4 § 5918. Examination of defendant as to other offenses.
5 CIVIL MATTERS
6 § 5921. Interest not to disqualify.
7 § 5922. Disqualification by perjury.
8 § 5923. Confidential communications between spouses.
9 § 5924. Spouses as witnesses against each other.
10 § 5925. Testimony by wife against husband in rebuttal.
11 § 5926. Testimony by spouse after attack on character or
12 conduct.
13 § 5927. In actions ACTIONS by spouse to recover <--
14 separate property.
15 § 5928. Confidential communications to attorney.
16 § 5929. Physicians not to disclose information.
17 § 5930. Surviving party as witness, in case of death, mental
18 incapacity, etc.
19 § 5931. Incompetent witnesses.
20 § 5932. Witness competent to testify against interest; to
21 become competent upon release of interest.
22 § 5933. Competency of surviving party.
23 § 5934. Notes of evidence at former trial.
24 § 5935. Examination of person adversely interested.
25 CERTAIN PRIVILEGES AND IMMUNITIES
26 § 5941. Who PERSONS WHO may be compelled to testify. <--
27 § 5942. Confidential communications to news reporters.
28 § 5943. Confidential communications to clergymen.
29 § 5944. Confidential communications to licensed psychologists.
30 § 5945. Confidential communications to school personnel.
19750S0935B2100 - 16 -
1 § 5946. Confidential communications to certified public
2 accountants.
3 § 5947. Competency of witnesses and jurors.
4 § 5948. Order to testify in cases involving organized crime or <--
5 racketeering.
6 § 5948. (RESERVED). <--
7 Subchapter B. Securing Attendance of Witnesses in Criminal
8 Proceedings
9 § 5961. Short title of subchapter.
10 § 5962. Definitions.
11 § 5963. Summoning witness in this Commonwealth to testify in
12 another state.
13 § 5964. Witness from another state summoned to testify in this
14 Commonwealth.
15 § 5965. Exemption from arrest and service of process.
16 Subchapter C. Rendition of Prisoners as Witnesses in
17 Criminal Proceedings
18 § 5971. Short title of subchapter.
19 § 5972. Definitions.
20 § 5973. Scope of subchapter.
21 § 5974. Summoning witness in this Commonwealth to testify in
22 another state.
23 § 5975. Court order.
24 § 5976. Terms and conditions.
25 § 5977. Prisoner from another state summoned to testify in this
26 Commonwealth.
27 § 5978. Compliance.
28 § 5979. Exemption from arrest and service of process.
29 Chapter 61. Rules of Evidence
30 Subchapter A. Documentary Evidence
19750S0935B2100 - 17 -
1 § 6101. Scope of subchapter.
2 § 6102. Judicial notice of official seals.
3 § 6103. Proof of official records.
4 § 6104. Effect of official records generally.
5 § 6105. Acts of notaries public.
6 § 6106. Certified exemplifications of records.
7 § 6107. Judicial notice of certain local government ordinances.
8 § 6108. Business records.
9 § 6109. Photographic copies of business and public records.
10 § 6110. Registers kept by religious societies and
11 municipalities.
12 § 6111. Handwriting.
13 § 6112. Introduction of parol evidence after refusal to produce
14 documents.
15 Subchapter B. Eminent Domain Matters
16 § 6121. Eminent domain matters.
17 Subchapter C. Blood Tests to Determine Paternity
18 § 6131. Short title of subchapter.
19 § 6132. Scope of subchapter.
20 § 6133. Authority for test.
21 § 6134. Selection of experts.
22 § 6135. Compensation of experts.
23 § 6136. Effect of test results.
24 § 6137. Effect on presumption of legitimacy.
25 Subchapter D. Miscellaneous Provisions
26 § 6141. Effect of certain settlements.
27 § 6142. Pleas in motor vehicle matters.
28 § 6143. Vehicle registration number prima facie evidence.
29 § 6144. Dying declarations in case of abortion.
30 Chapter 63. Juvenile Matters
19750S0935B2100 - 18 -
1 Subchapter A. General Provisions
2 § 6301. Short title and purposes of chapter.
3 § 6302. Definitions.
4 § 6303. Scope of chapter.
5 § 6304. Powers and duties of probation officers.
6 § 6305. Masters.
7 § 6306. Costs and expenses of care of child.
8 § 6307. Inspection of court files and records.
9 § 6308. Law enforcement records.
10 Subchapter B. Jurisdiction and Custody
11 § 6321. Commencement of proceedings.
12 § 6322. Transfer from criminal proceedings.
13 § 6323. Informal adjustment.
14 § 6324. Taking into custody.
15 § 6325. Detention of child.
16 § 6326. Release or delivery to court.
17 § 6327. Place of detention.
18 Subchapter C. Procedures and Safeguards
19 § 6331. Release from detention or commencement of proceedings.
20 § 6332. Informal detention hearing.
21 § 6333. Subpoena.
22 § 6334. Petition.
23 § 6335. Summons.
24 § 6336. Conduct of hearings.
25 § 6337. Right to counsel.
26 § 6338. Other basic rights.
27 § 6339. Investigation and report.
28 § 6340. Consent decree.
29 § 6341. Adjudication.
30 Subchapter D. Dispositions of Children Generally
19750S0935B2100 - 19 -
1 § 6351. Disposition of deprived child.
2 § 6352. Disposition of delinquent child.
3 § 6353. Limitation on length of commitment.
4 § 6354. Effect of adjudication.
5 § 6355. Transfer to criminal proceedings.
6 § 6356. Disposition of mentally ill or mentally retarded child.
7 § 6357. Rights and duties of legal custodian.
8 Subchapter E. Disposition Affecting Other Jurisdictions
9 § 6361. Disposition of nonresident child.
10 § 6362. Disposition of resident child received from another
11 state.
12 § 6363. Ordering foreign supervision.
13 § 6364. Supervision under foreign order.
14 § 6365. Powers of foreign probation officers.
15 Chapter 65. Habeas Corpus
16 § 6501. Writ not to be suspended.
17 § 6502. Power to issue writ.
18 § 6503. Right to apply for writ.
19 § 6504. Return on writ.
20 § 6505. Interference with writ prohibited.
21 Chapter 67. Support Proceedings
22 Subchapter A. General Provisions (Reserved)
23 Subchapter B. Reciprocal Enforcement of Support Orders
24 § 6741. Short title and purposes of subchapter.
25 § 6742. Definitions.
26 § 6743. Remedies additional to those now existing.
27 § 6744. Extent of duties of support.
28 § 6745. Interstate rendition.
29 § 6746. Conditions of interstate rendition.
30 § 6747. Choice of law.
19750S0935B2100 - 20 -
1 § 6748. Remedies of state or political subdivision furnishing
2 support.
3 § 6749. How duties of support are enforced.
4 § 6750. Jurisdiction.
5 § 6751. Petition for support.
6 § 6752. Officials to represent obligee.
7 § 6753. Petition for a minor.
8 § 6754. Duty of initiating court.
9 § 6755. Costs and fees.
10 § 6756. Jurisdiction by arrest.
11 § 6757. State information agency.
12 § 6758. Duty of the court and officials of this Commonwealth
13 as responding state.
14 § 6759. Further duties of court and officials of responding
15 state.
16 § 6760. Hearing and continuance.
17 § 6761. Immunity from criminal prosecution.
18 § 6762. Evidence of husband and wife.
19 § 6763. Rules of evidence.
20 § 6764. Order of support.
21 § 6765. Responding court to transmit copies to initiating
22 court.
23 § 6766. Additional powers of responding court.
24 § 6767. Paternity.
25 § 6768. Additional duties of responding court.
26 § 6769. Additional duty of initiating court.
27 § 6770. Proceedings not to be stayed.
28 § 6771. Application of payments.
29 § 6772. Effect of participation in proceeding.
30 § 6773. Intrastate application.
19750S0935B2100 - 21 -
1 § 6774. Appeals.
2 § 6775. Additional remedies.
3 § 6776. Registration.
4 § 6777. Registry of foreign support orders.
5 § 6778. Official to represent obligee.
6 § 6779. Registration procedure.
7 § 6780. Effect and enforcement of registered order.
8 PART VII. CIVIL ACTIONS AND PROCEEDINGS
9 Chapter 71. General Provisions
10 § 7101. Settlements and other agreements with hospitalized
11 persons.
12 Chapter 73. Arbitration
13 Subchapter A. Statutory Arbitration (RESERVED) <--
14 § 7301. Short title of subchapter. <--
15 § 7302. Scope of subchapter.
16 § 7303. Validity of arbitration agreement.
17 § 7304. Proceedings to compel or stay arbitration.
18 § 7305. Appointment of arbitrators by court.
19 § 7306. Majority action by arbitrators.
20 § 7307. Hearing.
21 § 7308. Representation by attorney.
22 § 7309. Witnesses, subpoenas and depositions.
23 § 7310. Award.
24 § 7311. Change of award by arbitrators.
25 § 7312. Fees and expenses of arbitration.
26 § 7313. Confirmation of an award.
27 § 7314. Vacating an award.
28 § 7315. Modification or correction of award.
29 § 7316. Judgment or decree on award.
30 § 7317. Applications to court.
19750S0935B2100 - 22 -
1 § 7318. Court and jurisdiction.
2 § 7319. Venue.
3 § 7320. Appeals.
4 Subchapter B. Common Law Arbitration
5 § 7341. Common law arbitration.
6 Subchapter C. Judicial Arbitration
7 § 7361. Compulsory arbitration.
8 § 7362. Voluntary Arbitration of pending judicial matters.
9 Chapter 75. Commencement of Actions
10 Subchapter A. General Provisions
11 § 7501. Partition of property (RESERVED). <--
12 Subchapter B. Interpleader Compacts
13 § 7521. Short title of subchapter.
14 § 7522. Interpleader compact.
15 § 7523. Duties of the Department of State.
16 § 7524. Duties of the Governor.
17 Subchapter C. Declaratory Judgments
18 § 7531. Short title of subchapter.
19 § 7532. General scope of declaratory remedy.
20 § 7533. Construction of documents.
21 § 7534. Before breach of contract.
22 § 7535. Rights of fiduciaries and other persons.
23 § 7536. Enumeration not exclusive.
24 § 7537. Remedy discretionary.
25 § 7538. Supplemental relief.
26 § 7539. Issues of fact.
27 § 7540. Parties.
28 § 7541. Construction of subchapter.
29 Subchapter D. Reciprocal Tax Enforcement
30 § 7551. Enforcement of taxes imposed by other states.
19750S0935B2100 - 23 -
1 Chapter 77. Trial (Reserved)
2 Chapter 79. Post-trial Matters (Reserved)
3 Chapter 81. Judgments
4 Subchapter A. General Provisions
5 § 8101. Interest on judgments.
6 § 8102. Contribution among joint judgment debtors.
7 § 8103. Deficiency judgments.
8 § 8104. Duty of judgment creditor to enter satisfaction.
9 Subchapter B. Exemptions from Execution
10 § 8121. Scope of subchapter.
11 § 8122. Waiver of exemption.
12 § 8123. General monetary exemption.
13 § 8124. Exemption of particular goods.
14 § 8125. Tangible personal property exhibited at international
15 exhibitions.
16 § 8126. Common carriers not liable.
17 § 8127. Transfer of claim to avoid policy of Commonwealth.
18 Chapter 83. Particular Rights and Immunities
19 Subchapter A. Rights of Action
20 § 8301. Death action.
21 § 8302. Survival action.
22 § 8303. Action for performance of a duty required by law.
23 Subchapter B. Contribution Among Tort-feasors
24 § 8321. Short title of subchapter.
25 § 8322. Definition.
26 § 8323. Scope of subchapter.
27 § 8324. Right of contribution.
28 § 8325. Effect of judgment.
29 § 8326. Effect of release as to other tort-feasors.
30 § 8327. Liability to make contribution as affected by release.
19750S0935B2100 - 24 -
1 Subchapter C. Immunities Generally
2 § 8331. Medical good Samaritan civil immunity.
3 § 8332. Nonmedical good Samaritan civil immunity.
4 § 8333. Body fluid and tissue limited civil immunity.
5 § 8334. Physicians and nurses civil immunity in mass
6 immunization projects.
7 § 8335. Damages for conversion of property of fluctuating
8 value.
9 Subchapter D. Defamation
10 § 8341. Single publication limitation.
11 § 8342. Justification a defense.
12 § 8343. Burden of proof.
13 § 8344. Malice or negligence necessary to support award of
14 damages.
15 § 8345. No liability when without power of censorship.
16 Chapter 85. Matters Affecting the Commonwealth (Reserved)
17 PART VIII. CRIMINAL PROCEEDINGS
18 Chapter 87. General Provisions
19 § 8701. Interpreters for the deaf.
20 Chapter 89. Commencement of Proceedings
21 Subchapter A. General Provisions
22 § 8901. Intrastate hot pursuit.
23 Subchapter B. Interstate Hot Pursuit
24 § 8921. Scope of subchapter.
25 § 8922. Authority of officers of another state to arrest in
26 this Commonwealth.
27 § 8923. Hearing after arrest.
28 § 8924. Construction of subchapter.
29 Subchapter C. Indictment and Information
30 § 8931. Indictment and information.
19750S0935B2100 - 25 -
1 Chapter 91. Detainers and Extradition
2 Subchapter A. Agreement on Detainers
3 § 9101. Agreement on Detainers.
4 § 9102. Appropriate court.
5 § 9103. Enforcement and cooperation.
6 § 9104. Second and subsequent offenses.
7 § 9105. Escape.
8 § 9106. Duty of warden or other official.
9 § 9107. Administrator and information agent.
10 § 9108. Transmission of subchapter.
11 Subchapter B. Extradition of Persons Charged with Crime
12 § 9121. Short title of subchapter.
13 § 9122. Definitions.
14 § 9123. Duty of Governor with respect to fugitives from
15 justice.
16 § 9124. Form of demand.
17 § 9125. Governor may investigate case.
18 § 9126. Extradition of persons imprisoned or awaiting trial in
19 another state or who have left the demanding state
20 under compulsion.
21 § 9127. Extradition of persons not present in demanding state
22 at time of commission of crime.
23 § 9128. Issue by Governor of warrant of arrest.
24 § 9129. Manner and place of execution.
25 § 9130. Authority of arresting officer.
26 § 9131. Rights of accused person.
27 § 9132. Penalty for noncompliance.
28 § 9133. Confinement in jail.
29 § 9134. Arrest prior to requisition.
30 § 9135. Arrest without a warrant.
19750S0935B2100 - 26 -
1 § 9136. Commitment to await requisition.
2 § 9137. Bail.
3 § 9138. Extension of time of commitment.
4 § 9139. Forfeiture of bail.
5 § 9140. Persons under criminal prosecution in this
6 Commonwealth at time of requisition.
7 § 9141. Inquiry into guilt or innocence of accused.
8 § 9142. Governor may recall warrant or issue another.
9 § 9143. Duty of Governor in case of fugitives from this
10 Commonwealth.
11 § 9144. Issuance of requisition.
12 § 9145. Immunity from service of process in certain civil
13 actions.
14 § 9146. Written waiver of extradition proceedings.
15 § 9147. Nonwaiver by Commonwealth.
16 § 9148. Liability to further criminal prosecutions.
17 Chapter 93. Trial (Reserved)
18 Chapter 95. Post-trial Matters (Reserved)
19 Section 3. Conforming amendment to Title 15.
20 Section 4. Conforming amendment to Title 18.
21 Section 5. Conforming amendment to Title 71.
22 Section 6. Notice to Insurance Department.
23 Section 7. Existing president judges.
24 Section 8. Pending actions and proceedings.
25 Section 9. Philadelphia Municipal Court.
26 Section 10. Concurrent jurisdiction of Court of Common Pleas of
27 Philadelphia County.
28 Section 11. (Reserved) LOAN INTEREST AND PROTECTION LAW. <--
29 Section 12. Allegheny County appointments.
30 Section 13. Juvenile Court Judges' Commission. (RESERVED). <--
19750S0935B2100 - 27 -
1 Section 14. Continuation of existing judicial boards,
2 commissions and committees.
3 Section 15. Minor Judiciary Education Board.
4 Section 16. Boards of viewers.
5 Section 17. Landlord and tenant officers and writ servers.
6 Section 18. Traffic court writ servers.
7 Section 19. Applicability of minor judiciary education
8 requirements.
9 Section 20. Minor judiciary education expenses.
10 Section 21. Certain judges of Commonwealth Court.
11 Section 22. Existing judges of the Traffic Court of
12 Philadelphia.
13 Section 23. Existing judicial officers.
14 Section 24. Financial matters.
15 Section 25. Effect of act on periods of limitation.
16 Section 26. Repeals and related provisions.
17 Section 27. Effect on certain officers.
18 SECTION 28. SHORT TITLE. <--
19 Section 28 29. Effective date. <--
20 Source Notes
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Chapter 83 (relating to bases of jurisdiction) of
24 Title 42, act of November 25, 1970 (P.L.707, No.230), known as
25 the Pennsylvania Consolidated Statutes, added November 15, 1972
26 (P.L.1063, No.271), is hereby repealed absolutely.
27 Section 2. Title 42 is amended to read:
28 TITLE 42
29 JUDICIARY AND JUDICIAL PROCEDURE
30 Part
19750S0935B2100 - 28 -
1 I. Preliminary Provisions
2 II. Organization [of Judicial Branch]
3 III. Selection, Retention and Removal of Judicial Officers
4 IV. Financial Matters
5 V. Administration of Justice Generally
6 VI. Actions, [and] Proceedings and Other Matters Generally
7 VII. Civil Actions and Proceedings
8 VIII. Criminal Proceedings
9 [IX. General Provisions]
10 PART I
11 PRELIMINARY PROVISIONS
12 Chapter
13 1. General Provisions
14 CHAPTER 1
15 GENERAL PROVISIONS
16 Sec.
17 101. Short title of title.
18 102. Definitions.
19 103. Principles of construction.
20 § 101. Short title of title.
21 This title shall be known and may be cited as the "Judicial
22 Code."
23 § 102. Definitions.
24 Subject to additional definitions contained in subsequent
25 provisions of this title which are applicable to specific
26 provisions of this title, the following words and phrases, when
27 used in this title shall have, unless the context clearly
28 indicates otherwise, the meanings given to them in this section:
29 "Action." Any action at law or in equity.
30 "Administrative judge." The administrative judge of a
19750S0935B2100 - 29 -
1 division of a court, determined or selected as prescribed by
2 general rule.
3 "Administrative office." The office of the Court
4 Administrator of Pennsylvania as specified in section 1902
5 (relating to Administrative Office of Pennsylvania Courts).
6 "Administrative staff." All individuals employed in the
7 business of a court, including the personnel of the office of
8 the clerk of the court of common pleas, but the term does not
9 include judicial officers or their personal staff. The term
10 includes the clerks or prothonotaries of the Supreme Court, the
11 Superior Court and the Commonwealth Court and their staffs.
12 "Affidavit." Includes an unsworn document containing
13 statements of fact and a statement by the signatory that it is
14 made subject to the penalties of 18 Pa.C.S. §4904 (relating to
15 unsworn falsification to authorities).
16 "Appeal." Any petition or other application to a court for
17 review of subordinate governmental determinations. The term
18 includes an application for certiorari under section 934
19 (relating to writs of certiorari) or under any other provision
20 of law. Where required by the context, the term includes
21 proceedings on petition for review.
22 "Appellate court." Includes the Supreme Court, the Superior
23 Court and the Commonwealth Court.
24 "Appointive judicial officers." Arbitrators, auditors,
25 commissioners to take oaths and depositions, custodians,
26 examiners, guardians, masters, receivers, referees, trustees,
27 viewers and other like officers.
28 "Branch." As applied to a court of common pleas in a multi-
29 county judicial district, an administrative unit composed of
30 those members of the staff of the court from a particular county
19750S0935B2100 - 30 -
1 within the judicial district.
2 "Central staff." All individuals employed in the business of
3 the unified judicial system, but the term does not include
4 district justices or their personal staff or personnel of the
5 courts.
6 "Clerk." As applied to a court of common pleas or the
7 Philadelphia Municipal Court, the personnel of the office of the
8 clerk of the court of common pleas, and as applied to any other
9 court, the administrative staff responsible for the receipt of
10 documents transmitted to the court by litigants and the
11 transmission of notice of orders entered by and process issued
12 under the authority of the court.
13 "Clerk of the courts." The officer exercising the powers and
14 performing the duties specified in Subchapter C of Chapter 27
15 (relating to clerks of the courts). The term includes the Clerk
16 of Quarter Sessions of Philadelphia.
17 "Clerk of the orphans' court division." The officer
18 exercising the powers and performing the duties specified in
19 Subchapter D of Chapter 27 (relating to clerks of orphans' court
20 divisions).
21 "Commonwealth agency." Any executive agency or independent
22 agency.
23 "Commonwealth Court." The court existing under section 4 of
24 Article V of the Constitution of Pennsylvania and Subchapter C
25 of Chapter 5 (relating to Commonwealth Court of Pennsylvania).
26 "Commonwealth government." The government of the
27 Commonwealth, including the courts and other officers or
28 agencies of the unified judicial system, the General Assembly
29 and its officers and agencies, the Governor, and the
30 departments, boards, commissions, authorities and officers and
19750S0935B2100 - 31 -
1 agencies of the Commonwealth, but the term does not include any
2 political subdivision, municipal or other local authority, or
3 any officer or agency of any such political subdivision or local
4 authority.
5 "Community court." A court existing in a judicial district
6 under section 6(a) of Article V of the Constitution of
7 Pennsylvania and Subchapter A of Chapter 11 (relating to
8 community courts).
9 "County." Includes the City and County of Philadelphia.
10 "County staff." System and related personnel elected by the
11 electorate of a county or subject to appointment and removal by
12 officers, other than judicial officers, so elected. The term
13 does not include judicial officers.
14 "Court." Includes any one or more of the judges of the court
15 who are authorized by general rule or rule of court, or by law
16 or usage, to exercise the powers of the court in the name of the
17 court.
18 "Court Administrator of Pennsylvania." The court
19 administrator appointed by the Supreme Court under section 10(b)
20 of Article V of the Constitution of Pennsylvania and section
21 1901 (relating to Court Administrator of Pennsylvania).
22 "Court of common pleas." The court existing in each judicial
23 district under section 5 of Article V of the Constitution of
24 Pennsylvania and Chapter 9 (relating to organization and
25 jurisdiction of courts of common pleas).
26 "Determination." Action or inaction by a government unit
27 which action or inaction is subject to judicial review by a
28 court under section 9 of Article V of the Constitution of
29 Pennsylvania or otherwise. The term includes an order entered by
30 a government unit.
19750S0935B2100 - 32 -
1 "District justice." A justice of the peace holding office
2 under section 7(a) of Article V of the Constitution of
3 Pennsylvania and Chapter 15 (relating to district justices).
4 "Division." An administrative unit composed of those judges
5 of the court responsible for the transaction of a specified
6 class of the business of the court. In a court having two or
7 more divisions each division of the court is vested with the
8 full jurisdiction of the whole court, but the business of the
9 court may be allocated among the divisions of the court by or
10 pursuant to general rules.
11 "Executive agency." The Governor and the departments,
12 boards, commissions, authorities and other officers and agencies
13 of the Commonwealth government, but the term does not include
14 any court or other officer or agency of the unified judicial
15 system, the General Assembly and its officers and agencies, or
16 any independent agency.
17 "General rule." A rule or order promulgated by or pursuant <--
18 to the authority of the Supreme Court.
19 "GENERAL RULE." A RULE OR ORDER PROMULGATED BY THE GOVERNING <--
20 AUTHORITY.
21 "Governing authority." When used with respect to the <--
22 exercise of any power or the performance of any duty:
23 (1) the THE Supreme Court; or <--
24 (2) any agency or unit of the unified judicial system
25 exercising such A power or performing such A duty pursuant to <--
26 the authority of the Supreme Court under section 1721 <--
27 (relating to delegation of powers).
28 "Government agency." Any Commonwealth agency or any
29 political subdivision or municipal or other local authority, or
30 any officer or agency of any such political subdivision or local
19750S0935B2100 - 33 -
1 authority.
2 "Government unit." The General Assembly and its officers and
3 agencies, any government agency or any court or other officer or
4 agency of the unified judicial system.
5 "Independent agency." Boards, commissions, authorities and
6 other agencies and officers of the Commonwealth government which
7 are not subject to the policy supervision and control of the
8 Governor, but the term does not include any court or other
9 officer or agency of the unified judicial system or the General
10 Assembly and its officers and agencies.
11 "Indictable offense." An offense other than a summary
12 offense.
13 "Issuing authority." Any judge or district justice of the
14 minor judiciary, subject to the express limitations on
15 jurisdiction specified in this title.
16 "Judge." Includes a justice of the Supreme Court. Except
17 with respect to the power to select a president or
18 administrative judge, to appoint and remove the administrative
19 staff of the court and to adopt rules of court and other similar
20 matters, the term includes a senior judge.
21 "Judicial and correctional RELATED account." The account <--
22 required to be established upon the books of certain political
23 subdivisions pursuant to section 3541 (relating to judicial and
24 correctional RELATED account). <--
25 "Judicial branch." The judicial branch specified in section
26 10(c) of Article V of the Constitution of Pennsylvania.
27 "Judicial department." A term utilized in appropriation
28 statutes to distinguish judicial appropriations from other
29 appropriations.
30 "Judicial district." A district established by section 901
19750S0935B2100 - 34 -
1 (relating to judicial districts) for the election of one or more
2 judges of a court of common pleas.
3 "Judicial officers." Judges, district justices and
4 appointive judicial officers.
5 "Law." The common law and statutory law of the Commonwealth <--
6 of Pennsylvania, including general rules and the provisions of
7 the Constitution of Pennsylvania.
8 "Litigant." A party or any other person legally concerned
9 with the results of a matter.
10 "Magisterial district." A district established within a
11 judicial district pursuant to Subchapter A of Chapter 15
12 (relating to magisterial districts) for the election of a
13 district justice.
14 "Matter." Action, proceeding or appeal.
15 "Minor judiciary." The community courts, district justices,
16 Philadelphia Municipal Court, Pittsburgh Magistrates Court, and
17 Traffic Court of Philadelphia.
18 "Office of the clerk of the court of common pleas." A term
19 employed in this title to refer generally to the administrative
20 staff of the courts of common pleas and the Philadelphia
21 Municipal Court responsible for the receipt of documents
22 transmitted to the court by litigants and the transmission of
23 notice of orders entered by and process issued under the
24 authority of the court. The business of such staff shall be
25 divided among the personnel of the offices of the prothonotary,
26 the clerk of the courts and the clerk of the orphans' court
27 division in the manner provided by or pursuant to Chapter 27
28 (relating to office of the clerk of the court of common pleas).
29 Except as otherwise provided by statute, the term does not imply
30 the unification of the administration, personnel or operations
19750S0935B2100 - 35 -
1 of any or all of such offices.
2 "Order." Includes judgment, decision, decree, sentence and
3 adjudication.
4 "Participant." Litigants, witnesses and their counsel.
5 "Party." A person who commences or against whom relief is
6 sought in a matter. The term includes counsel for such a person
7 who is represented by counsel.
8 "Personal staff." Private secretaries, law clerks and such
9 other personnel as an individual may be authorized by law to
10 select and remove subject to standards and classifications
11 established by the governing authority.
12 "Personnel of the court." The judges and staff of the court.
13 "Personnel of the system." Judicial officers, personal
14 staff, administrative staff and central staff.
15 "Philadelphia Municipal Court." The municipal court existing
16 under section 6(c) of Article V of the Constitution of
17 Pennsylvania and Subchapter B of Chapter 11 (relating to
18 Philadelphia Municipal Court) so long as a community court has
19 not been established or in the event one has been discontinued
20 in the City and County of Philadelphia.
21 "Pittsburgh Magistrates Court." The court existing under
22 Subchapter C of Chapter 11 (relating to Pittsburgh Magistrates
23 Court).
24 "President judge." The president judge of a court determined
25 or selected as provided or as prescribed by law.
26 "Proceeding." Includes every declaration, petition or other
27 application which may be made to a court under law or usage, and <--
28 includes every declaration, petition or other application which
29 may be made OR under special statutory authority, but the term <--
30 does not include an action or an appeal.
19750S0935B2100 - 36 -
1 "Process." A document evidencing a command of a court.
2 "Prothonotary." The officer exercising the powers and
3 performing the duties specified in Subchapter B of Chapter 27
4 (relating to prothonotaries).
5 "Quasijudicial order." An order of a government unit, made
6 after notice and opportunity for hearing, which is by law
7 reviewable solely upon the record made before the government
8 unit, and not upon a record made in whole or in part before the
9 reviewing court. This definition has no application to the
10 definition of "tribunal".
11 "Related staff." All individuals employed at public expense
12 who serve the unified judicial system, but the term does not
13 include personnel of the system.
14 "Rule of court." A rule promulgated by a court regulating
15 practice or procedure before the promulgating court.
16 "Section." An administrative unit of the administrative
17 staff of the court composed of those persons responsible for the
18 support of a class of the business of the court specified by
19 law.
20 "Senior judge." A former or retired judge who, with his
21 consent, is assigned on temporary judicial service pursuant to
22 section 4121(b) (relating to assignment of judges).
23 "Staff of the court." Appointive judicial officers, the
24 administrative staff and personal staff of the court.
25 "State." When used in reference to the different parts of
26 the United States, includes the District of Columbia, the
27 Commonwealth of Puerto Rico, the Virgin Islands, and other
28 organized territories and possessions of the United States.
29 "State Law Library." The Law Library Bureau of the State
30 Library of Pennsylvania.
19750S0935B2100 - 37 -
1 "Superior Court." The court existing under section 3 of
2 Article V of the Constitution of Pennsylvania and Subchapter B
3 of Chapter 5 (relating to Superior Court of Pennsylvania).
4 "Supreme Court." The court existing under section 2 of
5 Article V of the Constitution of Pennsylvania and Subchapter A
6 of Chapter 5 (relating to Supreme Court of Pennsylvania).
7 "System." The unified judicial system.
8 "System and related personnel." Personnel of the system and
9 related staff. The term includes district attorneys, public
10 defenders, sheriffs and other officers serving process or
11 enforcing orders, registers of wills, prothonotaries, clerks of
12 the courts, clerks of the orphans' court division, coroners,
13 jury commissioners, prison and correctional officials, and the
14 personnel of all of the foregoing.
15 "Traffic Court of Philadelphia." The traffic court existing
16 under section 6(c) of Article V of the Constitution of
17 Pennsylvania and Subchapter B of Chapter 13 (relating to Traffic
18 Court of Philadelphia) so long as a community court has not been
19 established or in the event one has been discontinued in the
20 City and County of Philadelphia.
21 "Tribunal." A court, district justice or other judicial
22 officer vested with the power to enter an order in a matter. The
23 term includes a government unit, OTHER THAN THE GENERAL ASSEMBLY <--
24 AND ITS OFFICERS AND AGENCIES, when performing quasi-judicial
25 functions.
26 "Unified judicial system." The unified judicial system
27 existing under section 1 of Article V of the Constitution of
28 Pennsylvania and section 301 (relating to unified judicial
29 system).
30 "Verified." Includes an unsworn document containing a
19750S0935B2100 - 38 -
1 statement by the signatory that is made subject to the penalties
2 of 18 Pa.C.S. § 4904 (relating to unsworn falsification to
3 authorities).
4 § 103. Principles of construction.
5 (a) Necessary powers conferred.--The provisions of this
6 title shall be construed so as to vest in the unified judicial
7 system and in the personnel of the system power to do all things
8 that are reasonably necessary for the proper execution and
9 administration of their functions within the scope of their
10 respective jurisdiction.
11 (b) No inference from express grant of powers.--The
12 inclusion in this title of provisions derived from or based on
13 the text of the Constitution of Pennsylvania and the
14 specification in this title of the powers of the unified
15 judicial system is for the avoidance of potential controversy
16 and the convenient codification of the powers of the system from
17 whatever source derived and shall not be construed as a
18 determination by the General Assembly that any of such powers
19 are or are not inherent in the Supreme Court or the other
20 agencies and units of the system under the Constitution of
21 Pennsylvania or otherwise.
22 PART II
23 ORGANIZATION [OF JUDICIAL BRANCH]
24 Subpart
25 A. Courts and District Justices
26 B. Other Structural Provisions
27 SUBPART A
28 COURTS AND DISTRICT JUSTICES
29 Article
30 A. Preliminary Provisions
19750S0935B2100 - 39 -
1 B. Appellate Courts
2 C. Courts of Common Pleas
3 D. Minor Courts
4 E. District Justices
5 ARTICLE A
6 PRELIMINARY PROVISIONS
7 Chapter
8 3. General Structure and Powers
9 CHAPTER 3
10 GENERAL STRUCTURE AND POWERS
11 Subchapter
12 A. Unified Judicial System
13 B. General Provisions Relating to Courts
14 SUBCHAPTER A
15 UNIFIED JUDICIAL SYSTEM
16 Sec.
17 301. Unified judicial system.
18 § 301. Unified judicial system.
19 The judicial power of the Commonwealth shall be vested in a
20 unified judicial system consisting of the:
21 (1) Supreme Court.
22 (2) Superior Court.
23 (3) Commonwealth Court.
24 (4) Courts of common pleas.
25 (5) Community courts.
26 (6) Philadelphia Municipal Court.
27 (7) Pittsburgh Magistrates Court.
28 (8) Traffic Court of Philadelphia.
29 (9) District justices.
30 All courts and district justices and their jurisdiction shall be
19750S0935B2100 - 40 -
1 in this unified judicial system.
2 SUBCHAPTER B
3 GENERAL PROVISIONS RELATING TO COURTS
4 Sec.
5 321. Court of record.
6 322. Seal.
7 323. Powers.
8 324. Sessions and terms of court.
9 325. Chief Justice and president judges.
10 326. Quorum.
11 327. Oaths and acknowledgments.
12 § 321. Court of record.
13 Except as otherwise provided in this subpart every court of
14 this Commonwealth shall be a court of record with all the
15 qualities and incidents of a court of record at common law.
16 § 322. Seal.
17 Each court of this Commonwealth shall have a seal engraved
18 with the name of the court and such other inscription as may be
19 specified by general rule or rule of court. A facsimile or
20 preprinted seal may be used for all purposes in lieu of the
21 original seal.
22 § 323. Powers.
23 Every court shall have power to issue, under its judicial
24 seal, every lawful writ and process necessary or suitable for
25 the exercise of its jurisdiction and for the enforcement of any
26 order which it may make and all legal and equitable powers
27 required for or incidental to the exercise of its jurisdiction,
28 and, except as otherwise prescribed by general rules, every
29 court shall have power to make such rules and orders of court as
30 the interest of justice or the business of the court may
19750S0935B2100 - 41 -
1 require.
2 § 324. Sessions and terms of court.
3 Except as otherwise prescribed by general rule or rule of
4 court each court shall be in session as often as its judges
5 shall deem necessary or proper and there shall be no terms of
6 court. Each court shall always be open for the transaction of
7 judicial business and the court or any judge shall have the same
8 power in vacation to issue injunctions, grant stays and enter
9 other orders as they have while the court is in session. The
10 continued existence or expiration of a session of a court in no
11 way affects the power of a court to do any act or take any
12 proceeding.
13 § 325. Chief Justice and president judges.
14 (a) General rule.--The Chief Justice of Pennsylvania and the
15 president judges of all courts with seven or less judges shall
16 be the judge longest in continuous service on their respective
17 courts. In the event of his resignation from this position the
18 judge next longest in continuous service shall be the Chief
19 Justice of Pennsylvania or the president judge. Should any two
20 or more judges of the same court assume office at the same time,
21 they shall cast lots forthwith for priority of commission, and
22 certify the results to the Governor who shall issue their
23 commissions accordingly.
24 (b) Courts of eight or more judges.--The president judges of
25 all courts with eight or more judges shall be selected for five-
26 year terms by the members of their respective courts. In the
27 event of a tie vote for the office of president judge, the
28 Supreme Court shall appoint as president judge one of the judges
29 receiving the highest number of votes.
30 (c) Traffic Court of Philadelphia.--Notwithstanding any
19750S0935B2100 - 42 -
1 other provision of this section, the President Judge of the
2 Traffic Court of Philadelphia shall be appointed by the Governor
3 for a five-year term or at the pleasure of the Governor.
4 (d) Resignation and temporary inability.--The Chief Justice
5 of Pennsylvania or a president judge may resign such position
6 and remain a member of the court. If the Chief Justice or a <--
7 president judge is temporarily unable to perform his duties as
8 such, they shall be performed by the judge designated by or
9 pursuant to general rule.
10 (e) Powers of president judge.--Except as otherwise provided
11 or prescribed by this title, by general rule or by order of the
12 governing authority, the president judge of a court shall:
13 (1) Be the executive and administrative head of the
14 court, supervise the judicial business of the court,
15 promulgate all administrative rules and regulations, make all
16 judicial assignments, and assign and reassign among the
17 personnel of the court available chambers and other physical
18 facilities.
19 (2) Exercise the powers of the court under section
20 2301(a)(2) (relating to appointment of personnel).
21 § 326. Quorum.
22 (a) Supreme Court.--A majority of the Supreme Court shall be
23 a quorum of the court.
24 (b) Other courts.--The quorum requisite to hold a session of
25 any other court shall be specified by general rule.
26 (c) Inability to assemble quorum.--Where by reason of
27 vacancy, illness, disqualification or otherwise it is impossible
28 to assemble a quorum of a court at the time and place
29 appropriate therefor, sufficient judges shall be temporarily
30 assigned to the court to permit the court to hold a duly
19750S0935B2100 - 43 -
1 convened session and transact the business of the court.
2 (d) Court en banc.--The composition of a court en banc shall
3 be as specified by general rules.
4 § 327. Oaths and acknowledgments.
5 Each judicial officer, each clerk of court, and such other
6 system and related personnel PERSONNEL OF THE SYSTEM and jurors <--
7 as may be designated by or pursuant to general rules may
8 administer oaths and affirmations and take acknowledgments.
9 ARTICLE B
10 APPELLATE COURTS
11 Chapter
12 5. Organization of Appellate Courts
13 7. Jurisdiction of Appellate Courts
14 CHAPTER 5
15 ORGANIZATION OF APPELLATE COURTS
16 Subchapter
17 A. Supreme Court of Pennsylvania
18 B. Superior Court of Pennsylvania
19 C. Commonwealth Court of Pennsylvania
20 SUBCHAPTER A
21 SUPREME COURT OF PENNSYLVANIA
22 Sec.
23 501. Supreme Court.
24 502. General powers of Supreme Court.
25 503. Reassignment of matters.
26 504. Seat of court.
27 § 501. Supreme Court.
28 The Supreme Court of Pennsylvania shall consist of the Chief
29 Justice of Pennsylvania and six associate justices. The court
30 shall be the highest court of this Commonwealth and in it shall
19750S0935B2100 - 44 -
1 be reposed the supreme judicial power of the Commonwealth.
2 § 502. General powers of Supreme Court.
3 The Supreme Court shall have and exercise the powers vested
4 in it by the Constitution of Pennsylvania, including the power
5 generally to minister justice to all persons and to exercise the
6 powers of the court, as fully and amply, to all intents and
7 purposes, as the justices of the Court of King's Bench, Common
8 Pleas and Exchequer, at Westminster, or any of them, could or
9 might do on May 22, 1722. The Supreme Court shall also have and
10 exercise the following powers:
11 (1) All powers necessary or appropriate in aid of its
12 original and appellate jurisdiction which are agreeable to
13 the usages and principles of law.
14 (2) The powers vested in it by statute, including the
15 provisions of this title.
16 § 503. Reassignment of matters.
17 The (A) GENERAL RULE.--THE Supreme Court may by general rule <--
18 provide for the assignment and reassignment of classes of
19 matters among the several courts of this Commonwealth and the
20 district justices as the needs of justice shall require and all
21 laws shall be suspended to the extent that they are inconsistent
22 with such general rules. Such rules shall be reported to the <--
23 General Assembly by the Chief Justice at or after the beginning
24 of a regular session thereof but not later than the first day of
25 May. Such rules shall take effect upon the expiration of 90 days
26 after they have been thus reported unless the General Assembly,
27 by the adoption of a concurrent resolution, signifies its
28 legislative intent to the contrary.
29 (B) PROCEDURES.-- <--
30 (1) RULES ADOPTED PURSUANT TO SUBSECTION (A) SHALL BE
19750S0935B2100 - 45 -
1 REPORTED TO THE GENERAL ASSEMBLY BY THE CHIEF JUSTICE AT OR
2 AFTER THE BEGINNING OF A REGULAR SESSION THEREOF, BUT NOT
3 LATER THAN MAY 1.
4 (2) UPON RECEIPT, SUCH RULES SHALL BE PROPOSED TO EACH
5 HOUSE OF THE GENERAL ASSEMBLY AS A RESOLUTION OR RESOLUTIONS,
6 SHALL BE PLACED ON THE CALENDAR OF EACH HOUSE FOR THE NEXT
7 LEGISLATIVE DAY FOLLOWING THEIR RECEIPT, AND SHALL BE
8 CONSIDERED BY EACH HOUSE WITHIN 120 CALENDAR DAYS OF
9 CONTINUOUS SESSION BY THE GENERAL ASSEMBLY.
10 (3) SUCH RULES SHALL TAKE EFFECT IF THEY ARE APPROVED BY
11 A MAJORITY VOTE OF THE DULY ELECTED MEMBERS OF EACH HOUSE
12 DURING SUCH 120-DAY PERIOD, OR MAY BE DISAPPROVED BY EITHER
13 HOUSE DURING THAT PERIOD BY A MAJORITY VOTE OF THE DULY
14 ELECTED MEMBERSHIP OF EACH HOUSE. THE EFFECTIVE DATE OF SUCH
15 RULES SHALL BE THE DATE OF APPROVAL OF THE LAST OF THE TWO
16 HOUSES TO ACT.
17 (4) UPON THE EXPIRATION OF THE 120-DAY PERIOD AFTER THE
18 DELIVERY OF SUCH RULES TO THE TWO HOUSES OF THE GENERAL
19 ASSEMBLY AND THE FAILURE TO ACT AS PROVIDED IN PARAGRAPHS (2)
20 AND (3), SUCH RULES SHALL BECOME EFFECTIVE.
21 (5) FOR THE PURPOSES OF THIS SUBSECTION, CONTINUITY OF
22 SESSION SHALL BE CONSIDERED AS BROKEN ONLY BY AN ADJOURNMENT
23 OF THE GENERAL ASSEMBLY SINE DIE; BUT IN THE COMPUTATION OF
24 THE 120-DAY PERIOD, THERE SHALL BE EXCLUDED THE DAYS ON WHICH
25 EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN ADJOURNMENT OF
26 MORE THAN TEN DAYS TO A DAY CERTAIN.
27 (6) ANY SUCH RULES MAY, UNDER PROVISIONS CONTAINED
28 THEREIN, BE MADE OPERATIVE AT A TIME LATER THAN THE DATE ON
29 WHICH SUCH RULES WOULD OTHERWISE TAKE EFFECT.
30 § 504. Seat of court.
19750S0935B2100 - 46 -
1 The regular sessions of the Supreme Court shall be held in
2 the facility specified in section 3701 (relating to Pennsylvania
3 Judicial Center) and elsewhere as prescribed by general rule. or <--
4 rule of court.
5 SUBCHAPTER B
6 SUPERIOR COURT OF PENNSYLVANIA
7 Sec.
8 541. Superior Court.
9 542. Powers of Superior Court.
10 543. Seat of court.
11 § 541. Superior Court.
12 The Superior Court of Pennsylvania shall consist of seven
13 judges.
14 § 542. Powers of Superior Court.
15 The Superior Court shall have all powers necessary or
16 appropriate in aid of its jurisdiction which are agreeable to
17 the usages and principles of law.
18 § 543. Seat of court.
19 The regular sessions of the Superior Court shall be held at
20 the cities of Harrisburg, Philadelphia and Pittsburgh and
21 elsewhere as prescribed by general rule or rule of court.
22 SUBCHAPTER C
23 COMMONWEALTH COURT OF PENNSYLVANIA
24 Sec.
25 561. Commonwealth Court.
26 562. Powers of Commonwealth Court.
27 563. Seat of court.
28 564. Evidentiary hearings.
29 § 561. Commonwealth Court.
30 The Commonwealth Court of Pennsylvania shall consist of seven
19750S0935B2100 - 47 -
1 judges.
2 § 562. Powers of Commonwealth Court.
3 The Commonwealth Court shall have power to issue, under its
4 judicial seal, every lawful writ and process necessary or
5 suitable for the exercise of its jurisdiction and for the
6 enforcement of any order which it may make, including such writs
7 and process to or to be served or enforced by system and related
8 personnel as the courts of common pleas are authorized by law or
9 usage to issue. The court shall also have all powers of a court
10 of record possessed by the courts of common pleas and all powers
11 necessary or appropriate in aid of its appellate jurisdiction
12 which are agreeable to the usages and principles of law.
13 § 563. Seat of court.
14 (a) Regular sessions.--The regular sessions of the
15 Commonwealth Court shall be held at the seat of government and
16 elsewhere as provided in subsection (b). Each judge shall be
17 provided with suitable chambers and other facilities at the seat
18 of government. The intention of this provision is to render the
19 court and the judges thereof as available, except as provided in
20 subsection (b) or as otherwise provided in this title, at the
21 seat of government for the conduct of routine and emergency
22 judicial business as would be the case if the jurisdiction of
23 the court were exercised by the Court of Common Pleas of Dauphin
24 County.
25 (b) Other sessions.--Within the limits of available
26 appropriations, special sessions of the court may be held from
27 time to time for the convenience of parties or witnesses, or
28 both, in the interest of justice, in such judicial districts of
29 this Commonwealth as make available without cost to the
30 Commonwealth suitable courtroom and related physical facilities.
19750S0935B2100 - 48 -
1 The court shall also sit in the cities of Philadelphia and
2 Pittsburgh.
3 § 564. Evidentiary hearings.
4 In any matter which requires the taking of testimony, the
5 President Judge of the Commonwealth Court may assign a judge of
6 the court, or another judge temporarily assigned to the court
7 pursuant to section 4121 (relating to assignment of judges), to
8 sit and receive the evidence, and perform such other duties as
9 may be prescribed by rule or order of court.
10 CHAPTER 7
11 JURISDICTION OF APPELLATE COURTS
12 Subchapter
13 A. General Provisions
14 B. Jurisdiction of Supreme Court
15 C. Jurisdiction of Superior Court
16 D. Jurisdiction of Commonwealth Court.
17 SUBCHAPTER A
18 GENERAL PROVISIONS
19 Sec.
20 701. Scope of subchapter.
21 702. Interlocutory orders.
22 703. Place and form of filing appeals.
23 704. Waiver of objections to jurisdiction.
24 705. Transfers between intermediate appellate courts.
25 706. Disposition of appeals.
26 707. Lien of judgments FOR MONEY. <--
27 708. Improvident administrative appeals and other matters.
28 § 701. Scope of subchapter.
29 (a) General rule.--The provisions of this subchapter shall
30 apply to all courts of this Commonwealth, including the courts
19750S0935B2100 - 49 -
1 of common pleas when sitting as appellate courts.
2 (b) Reassignment of matters.--Any of the provisions of
3 Subchapter B (relating to jurisdiction of Supreme Court),
4 Subchapter C (relating to jurisdiction of Superior Court) and
5 Subchapter D (relating to jurisdiction of Commonwealth Court)
6 shall be subject to and superseded by any inconsistent
7 provisions of any general rule adopted pursuant to section 503
8 (relating to reassignment of matters).
9 § 702. Interlocutory orders.
10 (a) Appeals authorized by law.--Except as otherwise <--
11 prescribed by any general rule adopted pursuant to section 503
12 (relating to reassignment of matters) an AN appeal authorized by <--
13 law from an interlocutory order in a matter shall be taken to
14 the appellate court having jurisdiction of final orders in such
15 matter.
16 (b) Interlocutory appeals by permission.--When a court or
17 other government unit, in making an interlocutory order in a
18 matter in which its final order would be within the jurisdiction
19 of an appellate court, shall be of the opinion that such order
20 involves a controlling question of law as to which there is
21 substantial ground for difference of opinion and that an
22 immediate appeal from the order may materially advance the
23 ultimate termination of the matter, it shall so state in such
24 order. The appellate court may thereupon, in its discretion,
25 permit an appeal to be taken from such order. Except as <--
26 otherwise prescribed by general rule, a
27 (C) SUPERSEDEAS.--A petition for permission to appeal under <--
28 this subsection SECTION shall not stay the proceedings before <--
29 the lower court or other government unit, unless the lower court
30 or other government unit or the appellate court or a judge
19750S0935B2100 - 50 -
1 thereof shall so order.
2 § 703. Place and form of filing appeals.
3 Appeals, petitions for review, petitions for permission to
4 appeal and petitions for allowance of appeal shall be filed in
5 such office and in such form as may be prescribed by general
6 rule.
7 § 704. Waiver of objections to jurisdiction.
8 (a) General rule.--The failure of an appellee to file an
9 objection to the jurisdiction of an appellate court within such
10 time as may be specified by general rule, shall, unless the
11 appellate court otherwise orders, operate to perfect the
12 appellate jurisdiction of such appellate court, notwithstanding
13 any provision of this title, or of any general rule adopted
14 pursuant to section 503 (relating to reassignment of matters),
15 vesting jurisdiction of such appeal in another appellate court.
16 (b) Exception.--Subsection (a) shall not apply to any defect
17 in the jurisdiction of an appellate court which arises out of:
18 (1) The failure to effect a filing within the time
19 provided or prescribed by law.
20 (2) An attempt to take an appeal from an interlocutory
21 order which has not been made appealable by law or pursuant
22 to section 702(b) (relating to interlocutory appeals by
23 permission).
24 § 705. Transfers between intermediate appellate courts.
25 The Superior Court and the Commonwealth Court shall have
26 power pursuant to general rules, on their own motion or upon
27 petition of any party, to transfer any appeal to the other court
28 for consideration and decision with any matter pending in such
29 other court involving the same or related questions of fact, law
30 or discretion.
19750S0935B2100 - 51 -
1 § 706. Disposition of appeals.
2 An appellate court may affirm, modify, vacate, set aside or
3 reverse any order brought before it for review, and may remand
4 the matter and direct the entry of such appropriate order, or
5 require such further proceedings to be had as may be just under
6 the circumstances.
7 § 707. Lien of judgments FOR MONEY. <--
8 Any judgment or other order of the Supreme Court, the
9 Superior Court or the Commonwealth Court for the payment of
10 money shall not be a lien upon real property in any county until
11 it is entered of record in the office of the clerk of the court
12 of common pleas of the county where the property is situated, or
13 in the office of the clerk of the branch of the court of common
14 pleas embracing such county, in the same manner as a judgment
15 transferred from the court of common pleas of another county.
16 § 708. Improvident administrative appeals and other matters.
17 (a) General rule.--No objection to a governmental
18 determination shall be defeated by reason of error in the form
19 of the objection or the office of clerk of court in which the
20 objection is filed.
21 (b) Appeals.--If an appeal is improvidently taken to a court
22 under any provision of law from the determination of a
23 government unit where the proper mode of relief is an action in
24 the nature of equity, mandamus, prohibition, quo warranto or
25 otherwise, this alone shall not be a ground for dismissal, but
26 the papers whereon the appeal was taken shall be regarded and
27 acted on as a complaint or other proper process commenced
28 against the government unit or the persons for the time being
29 conducting its affairs and as if filed at the time the appeal
30 was taken.
19750S0935B2100 - 52 -
1 (c) Other matters.--If a complaint in the nature of equity,
2 mandamus, prohibition, quo warranto or other original process is
3 commenced in any court against a government unit or one or more
4 of the persons for the time being conducting its affairs, as
5 such, objecting to a governmental determination by any of them,
6 where the proper mode of relief is an appeal from the
7 determination of the government unit, this alone shall not be a
8 ground for dismissal, but the papers whereon the process against
9 the government unit or any of such persons was commenced shall
10 be regarded and acted on as an appeal from such determination of
11 the government unit and as if filed at the time such process was
12 commenced.
13 (d) Place of filing.--Section 5103 (relating to transfer of
14 erroneously filed matters) shall also be applicable to an appeal
15 or other matter which is deemed to be filed or commenced under
16 any provision of this section.
17 SUBCHAPTER B
18 JURISDICTION OF SUPREME COURT
19 Sec.
20 721. Original jurisdiction.
21 722. Direct appeals from courts of common pleas.
22 723. Appeals from the Commonwealth Court.
23 724. Allowance of appeals from Superior and Commonwealth
24 Courts.
25 725. Direct appeals from constitutional and judicial agencies.
26 726. Extraordinary jurisdiction.
27 § 721. Original jurisdiction.
28 The Supreme Court shall have original but not exclusive
29 jurisdiction of all cases of:
30 (1) Habeas corpus.
19750S0935B2100 - 53 -
1 (2) Mandamus or prohibition to courts of inferior
2 jurisdiction.
3 (3) Quo warranto as to any officer of Statewide
4 jurisdiction.
5 § 722. Direct appeals from courts of common pleas.
6 The Supreme Court shall have exclusive jurisdiction of
7 appeals from final orders of the courts of common pleas in the
8 following classes of cases:
9 (1) Felonious homicide.
10 (2) The right to public office.
11 (3) Matters decided in the orphans' court division.
12 (4) Direct criminal contempt in the courts of common
13 pleas and other contempt proceedings in the courts of common
14 pleas relating to orders which are appealable directly to the
15 Supreme Court.
16 (5) Supersession of a district attorney by an Attorney
17 General or by a court.
18 (6) Matters where the right or power of the Commonwealth
19 or any political subdivision to create or issue indebtedness
20 is drawn in direct question.
21 (7) Matters where the court of common pleas has held
22 invalid as repugnant to the Constitution, treaties or laws of
23 the United States, or to the Constitution of this
24 Commonwealth, any treaty or law of the United States or any
25 provision of the Constitution of, or of any statute of, this
26 Commonwealth, or any provision of any home rule charter.
27 (8) MATTERS WHERE THE RIGHT TO PRACTICE LAW IS DRAWN IN <--
28 DIRECT QUESTION.
29 § 723. Appeals from the Commonwealth Court.
30 (A) GENERAL RULE.--The Supreme Court shall have exclusive <--
19750S0935B2100 - 54 -
1 jurisdiction of appeals from final orders of the Commonwealth
2 Court entered in any matter which was originally commenced in
3 said court and which does not constitute an appeal from another
4 court, a district justice or another government unit. Any final <--
5 order of the Commonwealth Court
6 (B) BOARD OF FINANCE AND REVENUE MATTERS.--ANY FINAL ORDER <--
7 OF THE COMMONWEALTH COURT entered in any appeal from a decision
8 of the Board of Finance and Revenue shall be appealable to the
9 Supreme Court, as of right, under this section.
10 § 724. Allowance of appeals from Superior and Commonwealth
11 Courts.
12 (a) General rule.--Final orders of the Superior Court and
13 final orders of the Commonwealth Court not appealable under
14 section 723 (relating to appeals from Commonwealth Court) may be
15 reviewed by the Supreme Court upon allowance of appeal by any
16 two justices of the Supreme Court upon petition of any party to
17 the matter. If the petition shall be granted, the Supreme Court
18 shall have jurisdiction to review the order in the manner
19 provided by section 5105(d)(1) (relating to scope of appeal).
20 (b) Improvident appeals.--If an appeal is improvidently
21 taken to the Supreme Court under section 723 (relating to
22 appeals from Commonwealth Court) in a case where the proper mode
23 of review is by petition for allowance of appeal under this
24 section, this alone shall not be a ground for dismissal, but the
25 papers whereon the appeal was taken shall be regarded and acted
26 on as a petition for allowance of appeal and as if duly filed at
27 the time the appeal was taken.
28 § 725. Direct appeals from constitutional and judicial
29 agencies.
30 The Supreme Court shall have exclusive jurisdiction of
19750S0935B2100 - 55 -
1 appeals from final orders of the following constitutional and
2 judicial agencies:
3 (1) Legislative Reapportionment Commission.
4 (2) Judicial Inquiry and Review Board.
5 (3) The agency vested with the power to determine
6 whether those members of the minor judiciary required to do
7 so have completed a course of training and instruction in the
8 duties of their respective offices and passed an examination.
9 (4) The agency vested with the power to admit persons to
10 the bar and the practice of law.
11 (5) The agency vested with the power to discipline or
12 remove from office attorneys-at-law.
13 (6) Any other judicial agency established by general <--
14 rules providing for a direct appeal to the Supreme Court.
15 § 726. Extraordinary jurisdiction.
16 Notwithstanding any other provision of law, the Supreme Court
17 may, on its own motion or upon petition of any party, in any
18 matter pending before any court or district justice of this
19 Commonwealth involving an issue of immediate public importance,
20 assume plenary jurisdiction of such matter at any stage thereof
21 and enter a final order or otherwise cause right and justice to
22 be done.
23 SUBCHAPTER C
24 JURISDICTION OF SUPERIOR COURT
25 Sec.
26 741. Original jurisdiction.
27 742. Appeals from courts of common pleas.
28 § 741. Original jurisdiction.
29 The Superior Court shall have no original jurisdiction,
30 except in cases of mandamus and prohibition to courts of
19750S0935B2100 - 56 -
1 inferior jurisdiction where such relief is ancillary to matters
2 within its appellate jurisdiction, and except that it, or any
3 judge thereof, shall have full power and authority when and as
4 often as there may be occasion, to issue writs of habeas corpus
5 under like conditions returnable to the said court.
6 § 742. Appeals from courts of common pleas.
7 The Superior Court shall have exclusive appellate
8 jurisdiction of all appeals from final orders of the courts of
9 common pleas, regardless of the nature of the controversy or the
10 amount involved, except such classes of appeals as are by any
11 provision of this chapter within the exclusive jurisdiction of
12 the Supreme Court or the Commonwealth Court.
13 SUBCHAPTER D
14 JURISDICTION OF COMMONWEALTH COURT
15 Sec.
16 761. Original jurisdiction.
17 762. Appeals from courts of common pleas.
18 763. Direct appeals from administrative agencies.
19 § 761. Original jurisdiction.
20 (a) General rule.--The Commonwealth Court shall have
21 original jurisdiction of all civil actions or proceedings:
22 (1) Against the Commonwealth or any officer thereof,
23 acting in his official capacity, except:
24 (i) actions or proceedings in the nature of
25 applications for a writ of habeas corpus or post-
26 conviction relief not ancillary to proceedings within the
27 appellate jurisdiction of the court; and
28 (ii) eminent domain proceedings.
29 (2) By the Commonwealth or any officer thereof, acting
30 in his official capacity, except eminent domain proceedings.
19750S0935B2100 - 57 -
1 (3) Original jurisdiction of which is vested in the
2 Commonwealth Court by any statute hereafter enacted.
3 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
4 of the Commonwealth Court under subsection (a) shall be
5 exclusive except as provided in section 721 (relating to
6 original jurisdiction) and except with respect to actions or
7 proceedings by the Commonwealth or any officer thereof, acting
8 in his official capacity, where the jurisdiction of the court
9 shall be concurrent with the several courts of common pleas.
10 (c) No waiver of sovereign immunity.--The provisions of
11 subsection (a)(1) relating to actions or proceedings against the
12 Commonwealth shall not be construed as a waiver by the
13 Commonwealth of immunity to suit.
14 (d) Ancillary matters.--The Commonwealth Court shall have
15 original jurisdiction in cases of mandamus and prohibition to
16 courts of inferior jurisdiction and other government units where
17 such relief is ancillary to matters within its appellate
18 jurisdiction, and it, or any judge thereof, shall have full
19 power and authority when and as often as there may be occasion,
20 to issue writs of habeas corpus under like conditions returnable
21 to the said court. To the extent prescribed by general rule the
22 Commonwealth Court shall have ancillary jurisdiction over any
23 claim or other matter which is related to a claim or other
24 matter otherwise within its exclusive original jurisdiction.
25 § 762. Appeals from courts of common pleas.
26 The Commonwealth Court shall have exclusive jurisdiction of
27 appeals from final orders of the courts of common pleas in any
28 of the following cases, except such classes of appeals as are by
29 section 722 (relating to direct appeals from courts of common
30 pleas) within the exclusive jurisdiction of the Supreme Court:
19750S0935B2100 - 58 -
1 (1) Commonwealth civil cases.--All civil actions or
2 proceedings to which the Commonwealth or any officer thereof,
3 acting in his official capacity, is a party, except actions
4 or proceedings in the nature of applications for a writ of
5 habeas corpus or post-conviction relief not ancillary to
6 proceedings within the appellate jurisdiction of the court.
7 (2) Governmental and Commonwealth regulatory criminal
8 cases.--All criminal actions or proceedings for the violation
9 of any:
10 (i) Rule, regulation or order of any Commonwealth
11 agency.
12 (ii) Regulatory statute administered by any
13 Commonwealth agency subject to the act of June 4, 1945
14 (P.L.1388, No.442), known as the "Administrative Agency
15 Law." The term "regulatory statute" as used in this
16 subparagraph does not include any provision of Title 18
17 (relating to crimes and offenses).
18 (3) Secondary review of certain appeals from
19 Commonwealth agencies.--All appeals from Commonwealth
20 agencies which may be taken initially to the courts of common
21 pleas by reason of one of the exceptions set forth in section
22 763(1) (relating to direct appeals from administrative
23 agencies).
24 (4) Local government civil and criminal matters.--
25 (i) All actions or proceedings arising under any
26 municipality, institution district, public school,
27 planning or zoning code or under which a municipality or
28 other political subdivision or municipality authority may
29 be formed or incorporated or where is drawn in question
30 the application, interpretation or enforcement of any:
19750S0935B2100 - 59 -
1 (A) statute regulating the affairs of political
2 subdivisions, municipality and other local
3 authorities or other public corporations or of the
4 officers, employes or agents thereof, acting in their
5 official capacity; or
6 (B) home rule charter or local ordinance or
7 resolution.
8 (ii) All appeals from government agencies under the
9 act of December 2, 1968 (P.L.1133, No.353), known as the
10 "Local Agency Law," or otherwise.
11 (5) Certain private corporation matters.--
12 (i) All actions or proceedings relating to
13 corporations not-for-profit arising under Title 15
14 (relating to corporations and unincorporated
15 associations) or where is drawn in question the
16 application, interpretation or enforcement of any
17 provision of the Constitution, treaties or laws of the
18 United States, or the Constitution of Pennsylvania or any
19 statute, regulating in any such case the corporate
20 affairs of any corporation not-for-profit subject to
21 Title 15 or the affairs of the members, security holders,
22 directors, officers, employees or agents thereof, as
23 such.
24 (ii) All actions or proceedings otherwise involving
25 the corporate affairs of any corporation not-for-profit
26 subject to Title 15 or the affairs of the members,
27 security holders, directors, officers, or employees or
28 agents thereof, as such.
29 (6) Eminent domain.--All eminent domain proceedings or
30 where is drawn in question the power or right of the
19750S0935B2100 - 60 -
1 acquiring agency to appropriate the condemned property or to
2 use it for the purpose condemned or otherwise.
3 § 763. Direct appeals from administrative agencies.
4 (a) General rule.--The Commonwealth Court shall have
5 exclusive jurisdiction of appeals from final orders of
6 government agencies in the following cases, except such classes
7 of appeals as are by section 725 (relating to direct appeals
8 from constitutional and judicial agencies) within the exclusive
9 jurisdiction of the Supreme Court:
10 (1) All appeals from Commonwealth agencies under the act
11 of June 4, 1945 (P.L.1388, No.442), known as the
12 "Administrative Agency Law," or otherwise and including
13 appeals from the Environmental Hearing Board, the
14 Pennsylvania Public Utility Commission, the Unemployment
15 Compensation Board of Review and from any Commonwealth agency
16 having Statewide jurisdiction except matters:
17 (i) Relating to official inspection station
18 certificates of appointment and the privilege of
19 operating motor vehicles or tractors, including the
20 revocation or suspension of such privileges and matters
21 relating thereto.
22 (ii) Authorized by the act of April 12, 1951
23 (P.L.90, No.21), known as the "Liquor Code," to be
24 appealed to the courts of common pleas.
25 (iii) Concerning birth records authorized by statute
26 to be appealed to the courts of common pleas.
27 (iv) Authorized by the act of June 15, 1961
28 (P.L.373, No.207), known as the "Inheritance and Estate
29 Tax Act of 1961," or by any predecessor statute to be
30 appealed to the courts of common pleas.
19750S0935B2100 - 61 -
1 (v) Authorized by the act of June 21, 1939 (P.L.566,
2 No.284), known as "The Pennsylvania Occupational Disease
3 Act," to be appealed to the courts of common pleas.
4 (vi) Authorized by the act of July 23, 1970
5 (P.L.563, No.195), known as the "Public Employe Relations
6 Act," to be appealed to the courts of common pleas.
7 (2) All appeals jurisdiction of which is vested in the
8 Commonwealth Court by any statute hereafter enacted.
9 (b) Awards of arbitrators.--The Commonwealth Court shall
10 have exclusive jurisdiction of all petitions for review of an
11 award of arbitrators appointed in conformity with statute to
12 arbitrate a dispute between the Commonwealth and an employee of
13 the Commonwealth. The petition for review shall be deemed an
14 appeal from a government unit for the purposes of section 723
15 (relating to appeals from the Commonwealth Court) and Chapter 55
16 (relating to limitation of time).
17 ARTICLE C
18 COURTS OF COMMON PLEAS
19 Chapter
20 9. Organization and Jurisdiction of Courts of Common Pleas
21 CHAPTER 9
22 ORGANIZATION AND JURISDICTION OF COURTS OF COMMON PLEAS
23 Subchapter
24 A. Judicial Districts
25 B. Organization of Courts of Common Pleas
26 C. Court Divisions
27 D. Jurisdiction of Courts of Common Pleas
28 SUBCHAPTER A
29 JUDICIAL DISTRICTS
30 Sec.
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1 901. Judicial districts.
2 § 901. Judicial districts.
3 (a) General rule.--The Commonwealth is divided into 59
4 judicial districts, numbered and composed as follows:
5 First.--City and County of Philadelphia.
6 Second.--County of Lancaster.
7 Third.--County of Northampton.
8 Fourth.--County of Tioga.
9 Fifth.--County of Allegheny.
10 Sixth.--County of Erie.
11 Seventh.--County of Bucks.
12 Eighth.--County of Northumberland
13 Ninth.--County of Cumberland.
14 Tenth.--County of Westmoreland.
15 Eleventh.--County of Luzerne.
16 Twelfth.--County of Dauphin.
17 Thirteenth.--County of Greene.
18 Fourteenth.--County of Fayette.
19 Fifteenth.--County of Chester.
20 Sixteenth.--County of Somerset.
21 Seventeenth.--Counties of Snyder and Union.
22 Eighteenth.--County of Clarion.
23 Nineteenth.--County of York.
24 Twentieth.--County of Huntingdon.
25 Twenty-first.--County of Schuylkill.
26 Twenty-second.--County of Wayne.
27 Twenty-third.--County of Berks.
28 Twenty-fourth.--County of Blair.
29 Twenty-fifth.--County of Clinton.
30 Twenty-sixth.--Counties of Columbia and Montour.
19750S0935B2100 - 63 -
1 Twenty-seventh.--County of Washington.
2 Twenty-eighth.--County of Venango.
3 Twenty-ninth.--County of Lycoming.
4 Thirtieth.--County of Crawford.
5 Thirty-first.--County of Lehigh.
6 Thirty-second.--County of Delaware.
7 Thirty-third.--County of Armstrong.
8 Thirty-fourth.--County of Susquehanna.
9 Thirty-fifth.--County of Mercer.
10 Thirty-sixth.--County of Beaver.
11 Thirty-seventh.--Counties of Forest and Warren.
12 Thirty-eighth.--County of Montgomery.
13 Thirty-ninth.--Counties of Franklin and Fulton.
14 Fortieth.--County of Indiana.
15 Forty-first.--Counties of Juniata and Perry.
16 Forty-second.--County of Bradford.
17 Forty-third.--Counties of Monroe and Pike.
18 Forty-fourth.--Counties of Sullivan and Wyoming.
19 Forty-fifth.--County of Lackawanna.
20 Forty-sixth.--County of Clearfield.
21 Forty-seventh.--County of Cambria.
22 Forty-eighth.--County of McKean.
23 Forty-ninth.--County of Centre.
24 Fiftieth.--County of Butler.
25 Fifty-first.--County of Adams.
26 Fifty-second.--County of Lebanon.
27 Fifty-third.--County of Lawrence.
28 Fifty-fourth.--County of Jefferson.
29 Fifty-fifth.--County of Potter.
30 Fifty-sixth.--County of Carbon.
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1 Fifty-seventh.--County of Bedford.
2 Fifty-eighth.--County of Mifflin.
3 Fifty-ninth.--Counties of Cameron and Elk.
4 (b) Change in number or boundaries.--Except as otherwise
5 provided therein, any statute amending subsection (a) so as to
6 change the number or boundaries of the judicial districts of
7 this Commonwealth shall take effect 30 days after the entry of
8 an order of the Supreme Court evidencing the advice and consent
9 of the court to the amendment pursuant to section 11 of Article
10 V of the Constitution of Pennsylvania.
11 SUBCHAPTER B
12 ORGANIZATION OF COURTS OF COMMON PLEAS
13 Sec.
14 911. Courts of common pleas.
15 912. Powers of courts of common pleas.
16 913. Seats of courts.
17 § 911. Courts of common pleas.
18 (a) General rule.--There shall be one court of common pleas
19 for each judicial district of this Commonwealth consisting of
20 the following number of judges:
21 Number of
22 Judicial District Judges
23 First 81
24 Second 4
25 Third 4
26 Fourth 1
27 Fifth 39
28 Sixth 5
29 Seventh 9
30 Eighth 2
19750S0935B2100 - 65 -
1 Ninth 2
2 Tenth 6
3 Eleventh 7
4 Twelfth 6
5 Thirteenth 1
6 Fourteenth 4
7 Fifteenth 6
8 Sixteenth 2
9 Seventeenth 1
10 Eighteenth 1
11 Nineteenth 5
12 Twentieth 1
13 Twenty-first 5
14 Twenty-second 1
15 Twenty-third 5
16 Twenty-fourth 2
17 Twenty-fifth 1
18 Twenty-sixth 1
19 Twenty-seventh 5
20 Twenty-eighth 1
21 Twenty-ninth 2
22 Thirtieth 2
23 Thirty-first 5
24 Thirty-second 12
25 Thirty-third 1
26 Thirty-fourth 1
27 Thirty-fifth 2
28 Thirty-sixth 5
29 Thirty-seventh 1
30 Thirty-eighth 12
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1 Thirty-ninth 2
2 Fortieth 2
3 Forty-first 1
4 Forty-second 1
5 Forty-third 2
6 Forty-fourth 1
7 Forty-fifth 5
8 Forty-sixth 1
9 Forty-seventh 4
10 Forty-eighth 1
11 Forty-ninth 1
12 Fiftieth 2
13 Fifty-first 1
14 Fifty-second 2
15 Fifty-third 2
16 Fifty-fourth 1
17 Fifty-fifth 1
18 Fifty-sixth 1
19 Fifty-seventh 1
20 Fifty-eighth 1
21 Fifty-ninth 1
22 (b) Single county districts.--In single county judicial
23 districts the court of common pleas of the district shall be
24 known as the "Court of Common Pleas of (the respective) County."
25 (c) Multi-county districts.--In multi-county judicial
26 districts the court of common pleas of the district shall be
27 known as the "Court of Common Pleas of the (respective) Judicial
28 District." Except as otherwise provided or prescribed by law, <--
29 there THERE shall be a separate branch of the court in each <--
30 county comprising the judicial district.
19750S0935B2100 - 67 -
1 § 912. Powers of courts of common pleas.
2 Every court of common pleas shall have power to issue, under
3 its judicial seal, every lawful writ and process to or to be
4 served or enforced by system and related personnel as such
5 courts have been heretofore authorized by law or usage to issue.
6 Every judge of a court of common pleas shall have all the powers
7 of a judge or district justice of the minor judiciary.
8 § 913. Seats of courts.
9 The regular sessions of each court of common pleas shall be
10 held at the county seat of each county comprising the judicial
11 district and elsewhere as prescribed by general rule or rule of
12 court.
13 SUBCHAPTER C
14 JURISDICTION OF COURTS OF COMMON PLEAS
15 Sec.
16 931. Original jurisdiction and venue.
17 932. Appeals from minor judiciary.
18 933. Appeals from administrative agencies.
19 934. Writs of certiorari.
20 § 931. Original jurisdiction and venue.
21 (a) General rule.--Except where exclusive original
22 jurisdiction of an action or proceeding is by law STATUTE OR BY <--
23 GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO
24 REASSIGNMENT OF MATTERS) vested in another court of this
25 Commonwealth, the courts of common pleas shall have unlimited
26 original jurisdiction of all actions and proceedings, including
27 all actions and proceedings heretofore cognizable by law or
28 usage in the courts of common pleas.
29 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
30 of the courts of common pleas under this section shall be
19750S0935B2100 - 68 -
1 exclusive except with respect to actions and proceedings
2 concurrent jurisdiction of which is by law STATUTE OR BY GENERAL <--
3 RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT
4 OF MATTERS) vested in another court of this Commonwealth or in
5 the district justices.
6 (c) Venue and process.--The venue of a court of common pleas
7 concerning matters over which jurisdiction is conferred by this
8 section shall be as prescribed by general rule. The process of
9 the court shall extend beyond the territorial limits of the
10 judicial district to the extent prescribed by general rule.
11 § 932. Appeals from minor judiciary.
12 Except as otherwise prescribed by any general rule adopted
13 pursuant to section 503 (relating to reassignment of matters),
14 each court of common pleas shall have exclusive jurisdiction of
15 appeals from final orders of the minor judiciary established
16 within the judicial district.
17 § 933. Appeals from administrative agencies.
18 (a) General rule.--Except as otherwise prescribed by any
19 general rule adopted pursuant to section 503 (relating to
20 reassignment of matters), each court of common pleas shall have
21 jurisdiction of appeals from final orders of government agencies
22 in the following cases:
23 (1) Appeals from Commonwealth agencies which may be
24 taken initially to the court of common pleas of the judicial
25 district by reason of one of the exceptions set forth in
26 section 763(1) (relating to direct appeals from
27 administrative agencies).
28 (2) Appeals from government agencies, except
29 Commonwealth agencies, under the act of December 2, 1968
30 (P.L.1133, No.353), known as the "Local Agency Law," or
19750S0935B2100 - 69 -
1 otherwise.
2 (b) Awards of arbitrators.--Except as otherwise prescribed
3 by any general rule adopted pursuant to section 503 (relating to
4 reassignment of matters), each court of common pleas shall have
5 jurisdiction of petitions for review of an award of arbitrators
6 appointed in conformity with statute to arbitrate a dispute
7 between a government agency, except a Commonwealth agency, and
8 an employee of such agency. The application shall be deemed an
9 appeal from a government unit for the purposes of section 762(4)
10 (relating to appeals from courts of common pleas) and Chapter 55
11 (relating to limitation of time).
12 (c) Concurrent and exclusive jurisdiction.--Except as
13 otherwise provided or prescribed by law, STATUTE OR BY GENERAL <--
14 RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT
15 OF MATTERS), the jurisdiction of a court of common pleas of a
16 judicial district under this section shall be exclusive as to a
17 government agency which has jurisdiction only within such
18 judicial district, and shall be concurrent with the courts of
19 common pleas of all judicial districts in which the government
20 agency has jurisdiction where such agency has jurisdiction in
21 more than one judicial district.
22 § 934. Writs of certiorari.
23 Unless and until changed by general rule, the judges of the
24 courts of common pleas, within their respective judicial
25 districts, shall have power, in addition to the right of appeal
26 under section 9 of Article V of the Constitution of
27 Pennsylvania, to issue writs of certiorari to the minor
28 judiciary.
29 SUBCHAPTER D
30 COURT DIVISIONS
19750S0935B2100 - 70 -
1 Sec.
2 951. Court divisions.
3 952. Status of court divisions.
4 953. Administrative judges of divisions.
5 § 951. Court divisions.
6 (a) Philadelphia County.--The Court of Common Pleas of
7 Philadelphia County shall have the following divisions:
8 (1) Trial division.
9 (2) Orphans' court division.
10 (3) Family court division.
11 (b) Allegheny County.--The Court of Common Pleas of
12 Allegheny County shall have the following divisions:
13 (1) Civil division.
14 (2) Criminal division.
15 (3) Orphans' court division.
16 (4) Family division.
17 (c) Other separate orphans' court divisions.--The courts of
18 common pleas of Beaver, Berks, Bucks, Cambria, Chester, Dauphin,
19 Delaware, Erie, Fayette, Lackawanna, Lancaster, Lehigh, Luzerne,
20 Montgomery, Schuylkill, Washington, Westmoreland and York
21 counties shall each have a separate orphans' court division.
22 (d) Judicial districts having no separate orphans' court
23 division.--In each judicial district having no separate orphans'
24 court division, there shall be an orphans' court division
25 composed of the court of common pleas of that judicial district.
26 (e) Change in size of divisions.--The number of judges
27 constituting a division may be increased or reduced by order of
28 the governing authority.
29 § 952. Status of court divisions.
30 The divisions of a court of common pleas are administrative
19750S0935B2100 - 71 -
1 units composed of those judges of the court responsible for the
2 transaction of specified classes of the business of the court.
3 In a court of common pleas having two or more divisions each
4 division of the court is vested with the full jurisdiction of
5 the whole court, but the business of the court may be allocated
6 among the divisions of the court by or pursuant to general
7 rules.
8 § 953. Administrative judges of divisions.
9 Except as otherwise prescribed by general rule or by order of <--
10 the governing authority:
11 (1) Each division of a court of common pleas shall be
12 presided over by an administrative judge.
13 (2) Each such administrative judge shall assist the
14 EACH DIVISION OF A COURT OF COMMON PLEAS SHALL BE PRESIDED <--
15 OVER BY AN ADMINISTRATIVE JUDGE. EACH SUCH ADMINISTRATIVE JUDGE
16 SHALL ASSIST THE president judge of the court in supervising and
17 administering the business of the court and shall be responsible
18 to him.
19 ARTICLE D
20 MINOR COURTS
21 Chapter
22 11. Community and Municipal Courts
23 13. Traffic Courts
24 CHAPTER 11
25 COMMUNITY AND MUNICIPAL COURTS
26 Subchapter
27 A. Community Courts
28 B. Philadelphia Municipal Court
29 C. Pittsburgh Magistrates Court
30 SUBCHAPTER A
19750S0935B2100 - 72 -
1 COMMUNITY COURTS
2 Sec.
3 1101. Community courts.
4 1102. Establishment or discontinuance of community courts.
5 1103. Powers of community courts.
6 1104. Seats of courts.
7 1105. Jurisdiction and venue.
8 1106. Lien of judgments.
9 § 1101. Community courts.
10 (a) General rule.--There shall be one community court for
11 each judicial district of this Commonwealth which has elected to
12 establish and which has not elected to discontinue such a court
13 in the manner provided in this subchapter. The community court
14 shall be a court not of record and shall consist of a number of
15 judges determined by dividing the total population of the
16 judicial district as determined by the last officially reported
17 decennial or special Federal census by 75,000. In any judicial
18 district where the aforesaid division results in a remainder
19 greater than 40,000, the judicial district shall be entitled to
20 an additional community court judge. In no event shall any
21 judicial district have less than two community court judges.
22 (b) Single county districts.--In single county judicial
23 districts the community court of the district shall be known as
24 the "Community Court of (the respective) County."
25 (c) Multi-county districts.--In multi-county judicial
26 districts the community court of the district shall be known as
27 the "Community Court of the (respective) Judicial District."
28 § 1102. Establishment or discontinuance of community courts.
29 (a) General rule.--The question whether a community court
30 shall be established or discontinued in any judicial district
19750S0935B2100 - 73 -
1 shall be placed upon the ballot in a primary election by
2 petition which shall be in the form prescribed by the officer of
3 the Commonwealth who under law shall have supervision over
4 elections. The petition shall be filed with that officer and
5 shall be signed by a number of electors equal to 5% of the total
6 votes cast for all candidates for the office occupied by a
7 single official for which the highest number of votes was cast
8 in that judicial district at the last preceding general or
9 municipal election. The manner of signing such petitions, the
10 time of circulating them, the affidavits of the persons
11 circulating them and all other details not contained in this
12 subsection shall be governed by the act of June 3, 1937
13 (P.L.1333, No.320), known as the "Pennsylvania Election Code."
14 The question shall not be placed upon the ballot in a judicial
15 district more than once in any five-year period. The affirmative
16 vote of a majority of the electors of the judicial district
17 voting thereon shall be sufficient to establish or discontinue a
18 community court for the judicial district.
19 (b) Establishment.--The community court of a judicial
20 district shall be established on the first Monday of January
21 following the municipal election at which the first judges of
22 the court shall be elected. A court when established shall, in
23 accordance with and subject to Article V of the Constitution of
24 Pennsylvania, supplant all district justices or the municipal
25 court and the traffic court, as the case may be, within the
26 judicial district, except that in the fifth judicial district a
27 community court shall not supplant the Pittsburgh Magistrates
28 Court. Upon the expiration of the term of any district justice
29 or judge of the municipal or traffic court, as the case may be,
30 or the abolition of his office in the manner and at such time as
19750S0935B2100 - 74 -
1 is provided by section 3321 (relating to establishment of
2 community courts), in a judicial district in which a community
3 court has been established, the matters then pending and the
4 books, dockets and records thereof shall be transferred to the
5 community court which shall determine and conclude such matters
6 as if it had assumed jurisdiction in the first instance.
7 (c) Discontinuance.--Where the electors of a judicial
8 district have at a primary ELECTION approved the discontinuance <--
9 of an existing community court within their judicial district
10 such community court and the office of the judges serving
11 thereon shall then be abolished in the manner and at such time
12 as is provided by section 3322 (relating to discontinuance of
13 community courts). Thereafter, the office of district justice or
14 judge of the municipal or traffic court, as the case may be,
15 shall be established to replace and supplant such community
16 court on the first Monday of January of the even-numbered year
17 next following the odd-numbered year specified in section
18 1503(b) (relating to discontinuance of community court) and the
19 number and boundaries of magisterial districts, if any, of each
20 class within such judicial district shall be established in the
21 manner provided by section 1503(b).
22 § 1103. Powers of community courts.
23 Every judge of a community court shall have all the powers of
24 a judge of the municipal court or traffic court, or of a
25 district justice, as the case may be.
26 § 1104. Seats of courts.
27 The regular sessions of each community court shall be held at
28 such location within the judicial district as may be approved by
29 the president judge of the court of common pleas of the judicial
30 district in compliance with general rules.
19750S0935B2100 - 75 -
1 § 1105. Jurisdiction and venue.
2 (a) General rule.--Except as otherwise prescribed by any
3 general rule adopted pursuant to section 503 (relating to
4 reassignment of matters) each community court shall have the
5 jurisdiction which under law was exercised by the municipal
6 court or traffic court or by district justices, as the case may
7 be, within the judicial district.
8 (b) Venue and process.--The venue of a community court
9 concerning matters over which jurisdiction is conferred by
10 subsection (a) shall be as prescribed by general rule. The
11 process of the court shall extend beyond the territorial limits
12 of the judicial district to the extent prescribed by general
13 rule.
14 § 1106. Lien of judgments.
15 A judgment of a community court shall not operate as a lien
16 on real property until a transcript of the record showing a
17 final judgment in the community court has been filed in the
18 manner prescribed by general rules in the office of the clerk of
19 the court of common pleas of the county where the property is
20 situated, or in the office of the clerk of the branch of the
21 court of common pleas embracing such county. After such entry
22 the judgment shall, from the date of such entry, be a lien upon
23 real property to the same extent that judgment recovered in the
24 court of common pleas is a lien. No such transcript shall be
25 filed until after 30 days after the entry of final judgment by
26 the community court. No execution against real estate shall
27 issue out of the community court.
28 SUBCHAPTER B
29 PHILADELPHIA MUNICIPAL COURT
30 Sec.
19750S0935B2100 - 76 -
1 1121. Philadelphia Municipal Court.
2 1122. Seat of court.
3 1123. Jurisdiction and venue.
4 1124. Lien of judgments.
5 § 1121. Philadelphia Municipal Court.
6 The Philadelphia Municipal Court shall consist of 22 judges.
7 § 1122. Seat of court.
8 The regular sessions of the Philadelphia Municipal Court
9 shall be held at such locations within the first judicial
10 district as may be approved by the president judge of the court
11 in compliance with general rules.
12 § 1123. Jurisdiction and venue.
13 (a) General rule.--Except as otherwise prescribed by any
14 general rule adopted pursuant to section 503 (relating to
15 reassignment of matters) the Philadelphia Municipal Court shall
16 have jurisdiction of all of the following matters: <--
17 (1) Summary offenses, except those within the
18 jurisdiction of the Traffic Court of Philadelphia.
19 (2) Criminal offenses for which no prison term may be
20 imposed or which are punishable by imprisonment for a term of
21 not more than five years, including indictable offenses under
22 the motor vehicle laws. In cases under this paragraph the
23 defendant shall have no right of trial by jury in the
24 municipal court, but shall have the right of appeal for trial
25 de novo, including the right of trial by jury, to the court
26 of common pleas. The judges of the municipal court exercising
27 jurisdiction under this paragraph shall have the same
28 jurisdiction in probation and parole arising out of sentences
29 imposed by them as judges of the court of common pleas.
30 (3) Matters arising under the act of April 6, 1951
19750S0935B2100 - 77 -
1 (P.L.69, No.20), known as "The Landlord and Tenant Act of
2 1951."
3 (4) Civil actions wherein the sum demanded does not
4 exceed $1000, exclusive of interest and costs, in the
5 following classes of actions:
6 (i) In assumpsit.
7 (ii) In trespass, including all forms of trespass
8 and trespass on the case.
9 (iii) For fines and penalties by any government
10 agency.
11 A plaintiff may waive a portion of his claim of more than
12 $1000 so as to bring the matter within the jurisdiction of
13 the municipal court. but such SUCH waiver shall be revoked <--
14 automatically if the defendant appeals the final order of the
15 municipal court. In cases under this paragraph the defendant
16 shall have no right of trial by jury in the municipal court,
17 but shall have the right to appeal for trial de novo,
18 including the right of trial by jury, to the court of common
19 pleas, it being the purpose of this paragraph to establish an
20 expeditious small claims procedure whereby it shall not be
21 necessary for the litigants to obtain counsel. Judgments by
22 confession shall not be entered in the municipal court.
23 (5) As commissioners to preside at arraignments, fix and
24 accept bail, issue warrants and perform duties of a similar
25 nature, including the jurisdiction of a committing magistrate
26 in all criminal proceedings.
27 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
28 of the municipal court under this section shall be concurrent
29 with the Court of Common Pleas of Philadelphia County except
30 with respect to matters specified in subsection (a)(2), as to
19750S0935B2100 - 78 -
1 which the jurisdiction of the municipal court shall be exclusive
2 except as otherwise prescribed by any general rule adopted
3 pursuant to section 503.
4 (c) Venue and process.--The venue of the municipal court
5 concerning matters over which jurisdiction is conferred by this
6 section shall be as prescribed by general rule. The process of
7 the court shall extend beyond the territorial limits of the City
8 and County of Philadelphia to the extent prescribed by general
9 rule.
10 § 1124. Lien of judgments.
11 Judgment recovered in the Philadelphia Municipal Court shall
12 be a lien upon property in the same manner and to the same
13 extent that judgment recovered in the Court of Common Pleas of
14 Philadelphia County is a lien. All such judgments shall be
15 indexed in the judgment index or indices of Philadelphia County
16 in the same manner as judgments of the court of common pleas are
17 indexed.
18 SUBCHAPTER C
19 PITTSBURGH MAGISTRATES COURT
20 Sec.
21 1141. Pittsburgh Magistrates Court.
22 1142. Seat of court.
23 1143. Jurisdiction and venue.
24 § 1141. Pittsburgh Magistrates Court.
25 The Pittsburgh Magistrates Court shall be a court not of
26 record and shall consist of such a number of judges, not less
27 than five nor more than eight, as shall be specified by
28 ordinance of the City of Pittsburgh. The magistrates court shall
29 be the police magistrates authorized to be continued in
30 existence by section 21, Schedule to Article V of the
19750S0935B2100 - 79 -
1 Constitution of Pennsylvania adopted April 23, 1968. Judges of
2 the Pittsburgh Magistrates Court shall be deemed district
3 justices for the purposes of Chapter 33 (relating to discipline,
4 removal and retirement of judicial officers).
5 § 1142. Seat of court.
6 The regular sessions of the Pittsburgh Magistrates Court
7 shall be held at such locations within the City of Pittsburgh as
8 may be designated by ordinance of the City of Pittsburgh.
9 § 1143. Jurisdiction and venue.
10 (a) General rule.--Except as otherwise prescribed by any
11 general rule adopted pursuant to section 503 (relating to
12 reassignment of matters) the Pittsburgh Magistrates Court shall
13 have jurisdiction of all of the following matters:
14 (1) Criminal complaints accusing any person of the
15 commission of any felony or misdemeanor, where such felony or
16 misdemeanor has been committed within the corporate limits of
17 the City of Pittsburgh, and to issue warrants for the arrest
18 of such person so accused, administer oaths and hold
19 preliminary hearings in all such cases, and commit to jail,
20 or bind over for trial or discharge such accused person, as
21 the evidence produced at such hearing may warrant. The court
22 shall have power to admit to bail as prescribed by general
23 rules.
24 (2) Arrests upon view, or upon complaint made and
25 warrant issued, by the police of the City of Pittsburgh, of
26 all persons who may be found engaged in or be charged with <--
27 drunkenness, disorderly conduct, selling liquor contrary to
28 law, maintaining a disorderly house or bawdy house, lewd,
29 indecent or lascivious behavior on the streets or elsewhere,
30 gambling, creating riots or disturbances, vagrants, beggars,
19750S0935B2100 - 80 -
1 prostitutes, disturbers of the public peace, known or reputed
2 pickpockets, burglars, thieves, watch stuffers, cheating,
3 swindling, persons who abuse their families, and suspicious
4 persons who can give no reasonable account of themselves, or
5 violating any of the laws or ordinances of such city.
6 (3) Civil claims for the recovery of fines and penalties
7 imposed by any and all ordinances ORDINANCE of the City of <--
8 Pittsburgh, or by any and all ordinances and regulations <--
9 ORDINANCE OR REGULATION relating to housing and health <--
10 administered and enforced by a county health department where
11 a violation takes place in such city, and all cases of <--
12 summary conviction arising under the laws and ordinances of
13 or applicable to such city and under the laws, ordinances,
14 rules and regulations relating to housing and health
15 administered and enforced by a county department of health
16 where a violation takes place in such city, with full power
17 to hear the said cases, administer oaths or affirmations
18 therein, decide the same, enforce the penalty, collect the
19 fine or commit to prison as the case may be according to the
20 provisions of the law and ordinances applicable thereto.
21 (4) Matters within the jurisdiction of the court when
22 sitting as the Traffic Court of Pittsburgh.
23 (b) Venue and process.--The venue of the Pittsburgh
24 Magistrates Court concerning matters over which jurisdiction is
25 conferred by subsection (a) shall be as prescribed by general
26 rule. The process of the court shall extend beyond the
27 territorial limits of the City of Pittsburgh to the extent
28 prescribed by general rule.
29 CHAPTER 13
30 TRAFFIC COURTS
19750S0935B2100 - 81 -
1 Subchapter
2 A. General Provisions
3 B. Traffic Court of Philadelphia
4 C. Traffic Court of Pittsburgh
5 SUBCHAPTER A
6 GENERAL PROVISIONS
7 Sec.
8 1301. Seats of traffic courts.
9 1302. Jurisdiction and venue.
10 1303. Signatures and dockets.
11 § 1301. Seats of traffic courts.
12 The regular sessions of a traffic court shall be held at such
13 locations within the political subdivision for which the court
14 is established as may be approved in compliance with general
15 rules by the president judge of the court of common pleas of the
16 judicial district embracing such political subdivision.
17 § 1302. Jurisdiction and venue.
18 (a) General rule.--Except as otherwise prescribed by any
19 general rule adopted pursuant to section 503 (relating to
20 reassignment of matters), each traffic court shall have
21 jurisdiction of all prosecutions for summary offenses arising
22 under:
23 (1) The act of April 29, 1959 (P.L.58, No.32), known as
24 "The Vehicle Code."
25 (2) Any ordinance of any political subdivision enacted
26 pursuant to "The Vehicle Code."
27 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
28 of a traffic court under this section shall be exclusive of the
29 courts of common pleas and district justices, except that such
30 jurisdiction shall be concurrent with the district justices
19750S0935B2100 - 82 -
1 whenever the traffic court is closed.
2 (c) Venue and process.--The venue of a traffic court
3 concerning matters over which jurisdiction is conferred by this
4 section shall be as prescribed by general rule. The process of
5 the court shall extend beyond the territorial limits of the
6 political subdivision for which it is established to the extent
7 prescribed by general rule.
8 § 1303. Signatures and dockets.
9 Facsimile signatures of the traffic court judges may be used
10 for all purposes in lieu of the THEIR original signatures, <--
11 except on affidavits for warrants of arrest and on the docket of
12 the traffic court. Traffic court dockets shall contain a record
13 of the disposition of every case and where a fine and costs are
14 imposed shall record the amount of said fine and the amount of
15 costs. The docket shall in all cases, where a summons has been
16 issued, as to each case, be signed by the judge making the
17 disposition or in his name by the clerk of the traffic court.
18 SUBCHAPTER B
19 TRAFFIC COURT OF PHILADELPHIA
20 Sec.
21 1321. Traffic Court of Philadelphia.
22 § 1321. Traffic Court of Philadelphia.
23 The Traffic Court of Philadelphia shall be a court not of
24 record and shall consist of six judges. The court is established
25 for the City and County of Philadelphia.
26 SUBCHAPTER C
27 TRAFFIC COURT OF PITTSBURGH
28 Sec.
29 1331. Traffic Court of Pittsburgh.
30 1332. Operations of traffic court.
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1 § 1331. Traffic Court of Pittsburgh.
2 The Traffic Court of Pittsburgh shall be a court not of
3 record and shall be held by such of the judges of the Pittsburgh
4 Magistrates Court as shall be assigned thereto by the Mayor of
5 the City of Pittsburgh, one of whom shall be designated by the
6 mayor as the presiding magistrate of the traffic court. The
7 court is established for the City of Pittsburgh.
8 § 1332. Operations of traffic court.
9 The presiding magistrate shall preside over and supervise the
10 work of the Traffic Court of Pittsburgh. In the absence of the
11 presiding magistrate designated by the mayor, the judge then
12 temporarily presiding shall have such supervision. The traffic
13 court shall be open for the transaction of business at such
14 times as shall be designated by ordinance of the City of
15 Pittsburgh or prescribed by general rule.
16 ARTICLE E
17 DISTRICT JUSTICES
18 Chapter
19 15. District Justices
20 CHAPTER 15
21 DISTRICT JUSTICES
22 Subchapter
23 A. Magisterial Districts
24 B. District Justices
25 SUBCHAPTER A
26 MAGISTERIAL DISTRICTS
27 Sec.
28 1501. Definitions.
29 1502. Classification of districts.
30 1503. Reestablishment of districts.
19750S0935B2100 - 84 -
1 § 1501. Definitions.
2 The following words and phrases when used in this subchapter
3 shall have, unless the context clearly indicates otherwise, the
4 meanings given to them in this section:
5 "Court." The Supreme Court or the court of common pleas of
6 each judicial district under the direction of the Supreme Court.
7 "Political subdivision." Any municipality or township except <--
8 the City and County of Philadelphia.
9 "Population." The number of persons residing within a
10 political subdivision or part thereof as determined by the then
11 current Federal decennial or Federal special census.
12 "Population density." The number of persons residing within
13 a political subdivision or part thereof as determined by
14 dividing such number by the land area expressed in square miles
15 as determined in the official publication by OF the Bureau of <--
16 Statistics of the Department of Commerce.
17 § 1502. Classification of districts.
18 (a) Second class counties.--The classes of magisterial
19 districts in judicial districts coextensive with counties of the
20 second class shall be determined as follows:
21 (1) Magisterial districts of the first class shall have
22 a population density of more than 5,000 persons per square
23 mile and a population of not less than 65,000 persons.
24 (2) Magisterial districts of the second class shall have
25 a population density of more than 500 persons per square mile
26 and a population of between 22,500 and 65,000 persons.
27 (3) Magisterial districts of the third class shall have
28 a population density of more than 200 persons per square mile
29 and a population of between 12,000 and 22,500 persons.
30 (4) Magisterial districts of the fourth class shall have
19750S0935B2100 - 85 -
1 a population density of more than 70 persons per square mile
2 and a population of between 7,500 and 12,000 persons.
3 (5) Magisterial districts of the fifth class shall have
4 a population density of less than 70 persons per square mile
5 and a population of between 4,000 and 7,500 persons.
6 (b) Other counties.--The classes of magisterial districts in
7 judicial districts not coextensive with counties of the first
8 class or counties of the second class shall be determined as
9 follows:
10 (1) Magisterial districts of the first class shall have
11 a population density of more than 1,000 persons per square
12 mile and a population of not less than 15,000 persons.
13 (2) Magisterial districts of the second class shall have
14 a population density of more than 400 persons per square mile
15 and a population of not less than 4,000 persons.
16 (3) Magisterial districts of the third class shall have
17 a population density of less than 400 persons per square mile
18 and a population of not less than 4,000 persons.
19 (4) Magisterial districts of the fourth class shall have
20 a population density of less than 400 persons per square mile
21 and a population of between 2,000 and 4,000 persons. The
22 number of magisterial districts of the fourth class within a
23 judicial district shall not be increased.
24 § 1503. Reestablishment of districts.
25 (a) General rule.--In each year following that in which the
26 Federal decennial census is officially reported as required by
27 Federal law the court shall reestablish the number, boundaries
28 and classes of magisterial districts within each judicial
29 district except:
30 (1) The first judicial district.
19750S0935B2100 - 86 -
1 (2) Any judicial district where a community court has
2 been established and not discontinued.
3 The number, boundaries and class of magisterial districts within
4 each judicial district may be revised from time to time as
5 required for the efficient administration of justice within each
6 magisterial district.
7 (b) Discontinuance of community court.--The court upon the
8 discontinuance of a community court shall establish the number,
9 boundaries and classes of magisterial districts within the
10 judicial district embracing such discontinued community court.
11 Such action shall be completed prior to the first Monday of
12 January of the odd-numbered year next following the primary
13 election at which the discontinuance of the community court is
14 approved.
15 (c) Standards for establishment of magisterial districts.--
16 In the case of a political subdivision containing within its
17 boundaries two or more magisterial districts, the court shall
18 divide the political subdivision into magisterial districts as
19 nearly equal as possible in population and area, and the court
20 may presume that the population density of each part of a
21 political subdivision is the same population density as for the
22 whole political subdivision. The court in establishing the
23 number and boundaries of magisterial districts shall not
24 subdivide political subdivisions unless either:
25 (1) the political subdivision contains two or more
26 noncontiguous parts; or
27 (2) the political subdivision contains within its
28 boundaries two or more magisterial districts, in which case
29 wards or other election districts of the political
30 subdivision shall not be subdivided.
19750S0935B2100 - 87 -
1 SUBCHAPTER B
2 DISTRICT JUSTICES
3 Sec.
4 1511. District justices.
5 1512. Seal.
6 1513. Powers of district justices.
7 1514. Offices.
8 1515. Jurisdiction and venue.
9 1516. Lien of judgment.
10 § 1511. District justices.
11 There shall be one district justice in each magisterial
12 district.
13 § 1512. Seal.
14 Each magisterial district shall have a seal, which shall be
15 in the custody of the district justice elected or appointed for
16 such district. The official acts of the district justice shall
17 be authenticated therewith. There shall be engraved on the seal
18 such inscription as may be specified by general rule.
19 § 1513. Powers of district justices.
20 Every district justice shall have power to issue every lawful
21 process to or to be served or enforced by system and related
22 personnel and to make such lawful orders as his official
23 business may require. A district justice may take affidavits and
24 acknowledgments outside his magisterial district but within this
25 Commonwealth.
26 § 1514. Offices.
27 Offices of district justices shall be established in
28 compliance with standards prescribed by general rule.
29 § 1515. Jurisdiction and venue.
30 (a) Jurisdiction.--Except as otherwise prescribed by general
19750S0935B2100 - 88 -
1 rule adopted pursuant to section 503 (relating to reassignment
2 of matters) district justices shall, under procedures prescribed
3 by general rule, have jurisdiction of all of the following
4 matters:
5 (1) Summary offenses, except those within the
6 jurisdiction of an established and open traffic court.
7 (2) Matters arising under the act of April 6, 1951
8 (P.L.69, No.20), known as "The Landlord and Tenant Act of
9 1951," which are stated therein to be within the jurisdiction
10 of a justice of the peace.
11 (3) Civil claims wherein the sum demanded does not
12 exceed $1,000, exclusive of interest and costs, in the
13 following classes of actions:
14 (i) In assumpsit, except cases of real contract
15 where the title to real estate may be in question.
16 (ii) In trespass, including all forms of trespass
17 and trespass on the case.
18 (iii) For fines and penalties by any government
19 agency.
20 A plaintiff may waive a portion of his claim of more than
21 $1,000 so as to bring the matter within the jurisdiction of a
22 district justice. Such waiver shall remain effective except
23 upon appeal by either party or when the judgment is set aside
24 upon certiorari.
25 (4) As commissioners to preside at arraignments, fix and
26 accept bail, issue warrants and perform duties of a similar
27 nature, including the jurisdiction of a committing magistrate
28 in all criminal proceedings.
29 (5) Matters jurisdiction of which is vested in district
30 justices by any statute.
19750S0935B2100 - 89 -
1 (b) Venue and process.--The venue of a district justice
2 concerning matters over which jurisdiction is conferred by
3 subsection (a) shall be as prescribed by general rule. The
4 process of the district justice shall extend beyond the
5 territorial limits of the magisterial district to the extent
6 prescribed by general rule.
7 § 1516. Lien of judgment.
8 A judgment of a district justice shall not operate as a lien
9 on real property until a transcript of the record showing a
10 final judgment of a district justice has been filed in the
11 manner prescribed by general rules in the office of the clerk of
12 the court of common pleas of the county where the property is
13 situated, or in the office of the clerk of the branch of the
14 court of common pleas embracing such county. After such entry
15 the judgment shall, from the date of such entry, be a lien upon
16 real property to the same extent that judgment recovered in the
17 court of common pleas is a lien. No such transcript shall be
18 filed until after 30 days after the entry of final judgment by
19 the district justice. No execution against real estate shall be
20 issued by a district justice.
21 SUBPART B
22 OTHER STRUCTURAL PROVISIONS
23 Chapter
24 17. Governance of the System
25 19. Administrative Office of Pennsylvania Courts
26 21. Judicial Boards and Commissions
27 23. System and Related Personnel PERSONNEL OF THE SYSTEM <--
28 25. Representation of Litigants
29 27. Office of the Clerk of the Court of Common Pleas
30 CHAPTER 17
19750S0935B2100 - 90 -
1 GOVERNANCE OF THE SYSTEM
2 Subchapter
3 A. General Provisions
4 B. Specific Powers of the Governing Authority of the System
5 SUBCHAPTER A
6 GENERAL PROVISIONS
7 Sec.
8 1701. General supervisory and administrative authority of
9 the Supreme Court.
10 1702. Rule making procedures.
11 § 1701. General supervisory and administrative authority
12 of the Supreme Court.
13 The Supreme Court shall exercise general supervisory and
14 administrative authority over the unified judicial system and in
15 aid thereof shall have the powers specified in Subchapter B
16 (relating to specific powers of the governing authority of the
17 system).
18 § 1702. Rule making procedures.
19 (a) General rule.--Subject to the provisions of subsection
20 (b), the Supreme Court and all agencies or units of the unified
21 judicial system WHEN exercising the power to adopt general rules <--
22 or other orders in the nature of regulations pursuant to the
23 authority of the Supreme Court under section 1721 (relating to
24 delegation of powers) shall be an agency within the meaning of
25 the act of July 31, 1968 (P.L.769, No.240), known as the
26 "Commonwealth Documents Law," and shall be subject to all of the
27 provisions of such act except section 205 (relating to approval
28 as to legality). No such general rule or order adopted by the
29 Supreme Court or by such an agency or unit shall take effect
30 prior to publication in the Pennsylvania Bulletin, unless the
19750S0935B2100 - 91 -
1 government unit adopting the general rule or order for good
2 cause finds (and incorporates the finding and a brief statement
3 of the reasons therefor in the order adopting the general rule
4 or order or change therein) that the deferral of the effective
5 date of the general rule or order or change therein beyond the
6 date specified in the order is impracticable or contrary to the
7 public interest.
8 (b) Scope.--The provisions of subsection (a) shall apply
9 only to a rule or order adopted pursuant to the following
10 provisions of this title or which is otherwise based in whole or
11 in part upon authority conferred by any provision of this title
12 or by other statutory authority:
13 Section 503 (relating to reassignment of matters).
14 Section 1722(b) (relating to enforcement and effect of
15 orders and process).
16 Section 1722(c) (relating to time limitations).
17 Section 1725 (relating to establishment of fees and
18 charges).
19 Section 1726 (relating to establishment of taxable
20 costs).
21 Section 1728 (relating to recognition of related
22 organizations).
23 The provisions of subsection (a) shall also apply to other rules
24 and orders to the extent prescribed by general rule.
25 SUBCHAPTER B
26 SPECIFIC POWERS OF THE GOVERNING
27 AUTHORITY OF THE SYSTEM
28 Sec.
29 1721. Delegation of powers.
30 1722. Adoption of administrative and procedural rules.
19750S0935B2100 - 92 -
1 1723. General supervisory and administrative authority.
2 1724. Personnel of the system.
3 1725. Establishment of fees and charges.
4 1726. Establishment of taxable costs.
5 1727. Budget and financial matters.
6 1728. Recognition of related organizations.
7 1729. Conferences and institutes.
8 1730. Boards, councils, commissions and committees.
9 § 1721. Delegation of powers.
10 The Supreme Court may from time to time delegate to any
11 agency or unit of the unified judicial system such of the
12 supervisory and administrative powers of the court, including
13 the powers specified in this subchapter, as may be specified by
14 general rule, EXCEPT THAT NO POWER BASED IN WHOLE OR IN PART <--
15 UPON AUTHORITY CONFERRED BY ANY PROVISION OF THIS TITLE OR OTHER
16 STATUTORY AUTHORITY SHALL BE DELEGATED BY THE SUPREME COURT TO
17 ANY AGENCY OR UNIT OTHER THAN:
18 (1) A STATEWIDE COUNCIL WHICH MEETS THE REQUIREMENTS OF
19 SECTION 3529(D) (RELATING TO DEFINITION).
20 (2) THE COURT ADMINISTRATOR OF PENNSYLVANIA.
21 (3) ANY OTHER GOVERNMENT UNIT WITHIN THE SYSTEM CREATED
22 BY THE CONSTITUTION OF PENNSYLVANIA OR BY STATUTE. A BODY
23 CREATED PURSUANT TO SECTION 1730 (RELATING TO BOARDS,
24 COUNCILS, COMMISSIONS AND COMMITTEES), OTHER THAN THE COUNCIL
25 SPECIFIED BY PARAGRAPH (1), SHALL NOT BE DEEMED TO BE CREATED
26 BY STATUTE FOR THE PURPOSES OF THIS PARAGRAPH.
27 § 1722. Adoption of administrative and procedural rules.
28 (a) General rule.--The governing authority shall have the
29 power to prescribe and modify general rules governing:
30 (1) Practice, procedure and the conduct of all courts,
19750S0935B2100 - 93 -
1 district justices and all officers serving process or
2 enforcing orders of any court or district justice and for
3 admission to the bar and to practice law, and the
4 administration of all courts and the supervision of all
5 officers of the judicial branch, if such rules are consistent
6 with the Constitution of Pennsylvania and neither abridge,
7 enlarge nor modify the substantive rights of any litigant,
8 nor affect the right of the General Assembly to determine the
9 jurisdiction of any court or district justice, nor suspend
10 nor alter any statute of limitation or repose. All statutes
11 shall be suspended to the extent that they are inconsistent
12 with rules prescribed under this paragraph.
13 (2) The prescription of canons of ethics applicable to
14 judges and the prescription of rules or canons applicable to
15 the activities of all other personnel of the system.
16 (3) Procedure under section 18 of Article V of the
17 Constitution of Pennsylvania and Subchapter C of Chapter 33
18 (relating to discipline and removal by Judicial Inquiry and
19 Review Board).
20 (4) Procedure UNDER SECTION 18 OF ARTICLE V OF THE <--
21 CONSTITUTION OF PENNSYLVANIA for the suspension, removal,
22 discipline and compulsory retirement of district justices.
23 (5) Any matter which is SPECIFICALLY authorized by <--
24 statute to be governed by general rules.
25 A governing authority other than the Supreme Court shall not
26 have power to prescribe general rules for assignment or
27 reassignment of classes of matters among the several courts and
28 district justices under section 503 (relating to reassignment of
29 matters) or otherwise.
30 (b) Enforcement and effect of orders and process.--To the
19750S0935B2100 - 94 -
1 extent, if any, that such powers shall not be conferred by the
2 provisions of subsection (a)(1) and (5), the governing authority
3 shall have power to prescribe and modify general rules,
4 consistent with this title and any other applicable unrepealed
5 statute, governing:
6 (1) The effect of judgments and other orders of, and the
7 right to and effect of attachments and other process issuing
8 out of, a tribunal, and the manner of the enforcement of any
9 thereof, including the time during which and the property
10 with respect to which they shall be a lien, the relative
11 priority of liens and other claims, stays of execution which
12 may or shall be granted, satisfaction of judgments and
13 dissolution of attachments, and all other matters relating to
14 judgments and other orders and attachments and other process
15 which have been regulated heretofore by statute.
16 (2) The powers and duties of system and related
17 personnel relating SERVING PROCESS OR ENFORCING ORDERS, IN SO <--
18 FAR AS SUCH POWERS AND DUTIES RELATE to the custody of and
19 the judicial sale or other disposition of property of
20 judgment debtors and other property within the jurisdiction
21 of a tribunal. Any SUCH system or related personnel who shall <--
22 comply with the provisions of such rules shall be free from
23 all liability to any person with respect to action in
24 pursuance of such rules.
25 A STATUTE SHALL BE REPEALED FOR THE PURPOSES OF THIS SUBSECTION <--
26 ONLY IF IT HAS BEEN EXPRESSLY REPEALED ABSOLUTELY OR IN SO FAR
27 AS INCONSISTENT WITH GENERAL RULES PRESCRIBED PURSUANT TO THIS
28 SUBSECTION.
29 (c) Time limitations.--The governing authority shall have
30 power to prescribe and modify general rules:
19750S0935B2100 - 95 -
1 (1) On any subject covered by subchapter D of Chapter 55
2 (relating to appeals).
3 (2) Specifying the time within which a matter must be
4 commenced under section 708 (relating to improvident
5 administrative appeals and other matters) or otherwise
6 objecting to a determination of a government unit.
7 The provisions of Chapter 55 (relating to limitation of time)
8 and all other statutes shall be suspended to the extent that
9 they are inconsistent with rules prescribed under this
10 subsection. The intention of this subsection is to authorize the
11 governing authority to develop and maintain uniformity in time
12 periods within the scope of this subsection by eliminating
13 statutory time limitations which are inconsistent with the
14 general pattern of similar time limitations then in effect.
15 § 1723. General supervisory and administrative authority.
16 The governing authority shall exercise general supervisory
17 and administrative authority over all courts and district
18 justices.
19 § 1724. Personnel of the system.
20 (a) General rule.--Except as provided in subsection (b), the
21 governing authority shall exercise general supervisory and
22 administrative authority over the personnel of the system,
23 including the power to:
24 (1) Standardize the qualifications for employment, and
25 all titles, salaries and wages of appointed personnel of the
26 system. In establishing such standards the governing
27 authority may:
28 (i) Take into consideration the location of the work
29 and the conditions under which the service is rendered.
30 (ii) Establish different standards for different
19750S0935B2100 - 96 -
1 kinds, grades and classes of similar work or service.
2 (iii) Adopt by reference in whole or in part the
3 then current regulations of the Executive Board
4 promulgated under section 709(a) of the act of April 9,
5 1929 (P.L.177, No.175), known as "The Administrative Code
6 of 1929," and the related personnel rules.
7 (iv) Adopt by reference in whole or in part the then <--
8 current regulations of the Civil Service Commission
9 promulgated under the act of August 5, 1941 (P.L.752,
10 No.286), known as the "Civil Service Act."
11 (2) Approve or disapprove the establishment of sections,
12 bureaus, offices and other administrative units within the
13 system, to investigate duplication of work of the several
14 administrative units within the system and offices employing
15 related personnel and the efficiency of the organization and
16 administration thereof, and to adopt measures APPLICABLE TO <--
17 PERSONNEL OF THE SYSTEM for the better coordination of the
18 work of system and related personnel. THE UNIFIED JUDICIAL <--
19 SYSTEM AND OTHER GOVERNMENT UNITS.
20 (3) Approve or disapprove the number and grade of
21 authorized positions within the personnel of the system,
22 except such positions the compensation of which is fixed by
23 statute.
24 (4) Approve or disapprove, in like manner as the
25 Executive Board, the payment of extra compensation to
26 personnel of the system who are employed at fixed
27 compensation.
28 (5) Determine, from time to time, the hours when the
29 office of the clerk and the administrative and central
30 offices of the system shall open and close.
19750S0935B2100 - 97 -
1 (6) Approve or disapprove extensions of leaves of
2 absence, with pay, for personnel of the system.
3 (7) Promulgate rules and regulations defining the
4 expenses for which the personnel of the system and members of
5 advisory committees may be reimbursed.
6 (8) Approve or disapprove recommendations for the
7 bonding of the personnel of the system, to fix the amounts of
8 the bonds of all such personnel required to give such bond,
9 and to require any bond to be executed by a surety.
10 (9) Approve or disapprove the establishment of offices
11 by any administrative unit within the personnel of the system
12 at any place other than the facilities specified in section
13 3701 (relating to Pennsylvania Judicial Center) and section
14 3721 (relating to county judicial center).
15 (10) Regulate the employment of and the charges made by
16 official court reporters for transcript and similar services
17 WHEN SUCH OFFICIAL COURT REPORTERS ARE EMPLOYED BY THE <--
18 UNIFIED JUDICIAL SYSTEM.
19 (11) Take cognizance of all such other matters as would <--
20 fall within the jurisdiction of the Executive Board if the
21 system were an administrative department under "The
22 Administrative Code of 1929."
23 (b) Exception.--Nothing in subsection (a) shall apply to
24 county staff or shall affect the existing powers of the salary
25 boards of the several counties of this Commonwealth.
26 § 1725. Establishment of fees and charges.
27 (a) General rule.--The governing authority shall fix by
28 general rule the filing fees for the commencement of any matter
29 before any court or district justice and the fees which system <--
30 and related personnel CLERKS AND OFFICERS SERVING PROCESS OR <--
19750S0935B2100 - 98 -
1 ENFORCING ORDERS shall be entitled to collect for services
2 performed. and the fees and expenses to be received by jurors <--
3 and witnesses. No person shall demand or receive any fee or
4 charge for any service within the scope of his office or
5 employment except as fixed or authorized by the governing
6 authority pursuant to this section. In fixing fees the governing
7 authority shall be guided by the following considerations:
8 (1) The unified judicial system is established for the
9 good order of society and the correction of injustice, and no
10 person should have right and justice denied or delayed by
11 reason of poverty.
12 (2) The number and type of fees should be minimized to
13 the end that the schedule of fees may be simple and
14 understandable to the public and amenable to modern
15 accounting systems and controls.
16 (3) Except as otherwise provided by statute, that
17 portion of the yield of the fees payable to the counties
18 should be equivalent to APPROXIMATE TO, BUT NOT IN EXCESS OF <--
19 the net revenues receivable by the counties under the prior
20 provisions of law.
21 (4) The fees payable to witnesses and jurors should be <--
22 fair and reasonable and adequate to encourage persons to
23 appear and serve as such.
24 (5) The expenses of a criminal prosecution should be
25 debited to the judicial and correctional account of the
26 county in which the offense is alleged to have been
27 committed.
28 (6) The expenses of a prosecution for violation of any
29 ordinance of a city, borough, incorporated town or township
30 of the first class and the expenses of any resulting
19750S0935B2100 - 99 -
1 confinement should be paid by the city, borough, incorporated
2 town or township of the first class which enacted the
3 ordinance.
4 (b) Procedure.--Rules adopted pursuant to subsection (a)
5 shall be reported to the General Assembly by the Chief Justice
6 at or after the beginning of a regular session thereof but not
7 later than May 1. Such rules shall take effect upon the
8 expiration of 90 days after they have been thus reported, or on
9 any later date provided for therein, unless the General Assembly
10 by the adoption of a concurrent resolution during such 90-day
11 period signifies that such rules, or any part thereof, are
12 disapproved. The disapproval of a part of a rule shall not
13 affect the remainder of the rule.
14 (c) Definition.--As used in this section "witness" includes
15 a person called to testify before any tribunal or other
16 government unit.
17 (B) PROCEDURE.--RULES ADOPTED PURSUANT TO SUBSECTION (A) <--
18 SHALL TAKE EFFECT ONLY IN THE MANNER PROVIDED BY SECTION 503(B)
19 (RELATING TO PROCEDURES).
20 § 1726. Establishment of taxable costs.
21 The governing authority shall prescribe by general rule the
22 standards governing the imposition and taxation of costs,
23 including the items which constitute taxable costs, the
24 litigants who shall bear such costs, and the discretion vested
25 in the courts to modify the amount and responsibility for costs
26 in specific matters. All system and related personnel shall be
27 bound by such general rules. In prescribing such general rules,
28 the governing authority shall be guided by the following
29 considerations, among others:
30 (1) Attorney's fees should be ARE NOT an item of taxable <--
19750S0935B2100 - 100 -
1 costs only if and EXCEPT to the extent authorized by section <--
2 2503 (relating to right of participants to receive counsel
3 fees).
4 (2) The prevailing party should recover his costs from
5 the unsuccessful litigant except where the:
6 (i) Costs relate to the existence, possession or
7 disposition of a fund and the costs should be borne by
8 the fund.
9 (ii) Question involved is a public question or where
10 the applicable law is uncertain and the purpose of the
11 litigants is primarily to clarify the law.
12 (iii) Application of the rule would work substantial
13 injustice.
14 (3) The imposition of actual costs or a multiple thereof
15 may be used as a penalty for violation of general rules or
16 rules of court.
17 § 1727. Budget and financial matters.
18 The governing authority shall have power to:
19 (1) Review the tentative budget request of the system
20 prepared by the Administrative Office pursuant to section
21 3522 (relating to preparation of tentative budget request),
22 to make such modifications therein as in its judgment are
23 necessary or desirable, and to approve a final budget request
24 of the system pursuant to Subchapter B of Chapter 35
25 (relating to Judicial Department budget and finance).
26 (2) Approve or disapprove requests for the purchase from
27 funds appropriated to the system of goods or services by
28 personnel of the system, including the rental of space, and
29 requests for the construction or modification of Commonwealth
30 facilities to be utilized by the system.
19750S0935B2100 - 101 -
1 § 1728. Recognition of related organizations.
2 (a) General rule.--The governing authority shall have power
3 on application to identify the several conferences or
4 associations which are the most broadly representative of each
5 of the following groups:
6 (1) Judges of the courts of common pleas, community
7 courts and Philadelphia Municipal Court.
8 (2) District justices.
9 (3) Members of the bar of the Supreme Court.
10 (4) Such other conferences or associations of system and
11 related personnel as may be recognized by the governing
12 authority.
13 If the governing authority shall approve the organic law of the
14 conference or association insofar as it relates to matters
15 affecting the system, the governing authority may by general
16 rule designate the applicant as the recognized conference or
17 association of such group for the purposes of this title and any
18 other provision of law.
19 (b) Changes in recognition.--The governing authority may
20 transfer recognition from one conference or association of a
21 group to another such conference or association whenever the
22 governing authority shall find that the circumstances warrant
23 such change and shall revoke the designation of any conference
24 or association if it shall find that such conference or
25 association would not be designated a recognized conference or
26 association if then making application therefor.
27 (c) Expenses.--The governing authority may authorize the
28 payment of the expenses of personnel of the system incident to
29 participation in the work of a recognized conference or
30 association and may make grants for the support of the work
19750S0935B2100 - 102 -
1 thereof.
2 § 1729. Conferences and institutes.
3 The governing authority shall have power by general rule or
4 by order to provide for the organization and convening on a
5 regular or special basis of a Judicial Conference of
6 Pennsylvania, institutes and joint councils on sentencing, and
7 such other informational and educational conferences and
8 institutes as the governing authority may find to be necessary
9 or desirable for the prompt, fair and efficient administration
10 of justice, and to require the attendance of such system and <--
11 related personnel PERSONNEL OF THE SYSTEM as shall be designated <--
12 by or pursuant to such general rules or orders. The governing
13 authority may cooperate with other states and the Federal
14 Government in the convening, organization and maintenance of
15 conferences and institutes authorized by this section.
16 § 1730. Boards, councils, commissions and committees.
17 The governing authority shall have power by general rules or
18 by order to establish and discontinue boards, councils,
19 commissions, committees or other bodies composed of personnel of
20 the system and other persons to consider, report or take action
21 on any subject specified in such general rules or order
22 affecting the organization or operation of the unified judicial
23 system and the offices related to and serving the system.
24 CHAPTER 19
25 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS
26 Sec.
27 1901. Court Administrator of Pennsylvania.
28 1902. Administrative Office of Pennsylvania Courts.
29 1903. Staff.
30 § 1901. Court Administrator of Pennsylvania.
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1 The Supreme Court shall appoint and may remove a Court
2 Administrator of Pennsylvania.
3 § 1902. Administrative Office of Pennsylvania Courts.
4 A reference in any statute to the Administrative Office of
5 Pennsylvania Courts shall be deemed a reference to the Court
6 Administrator of Pennsylvania who shall, either personally, by
7 deputy, by other duly authorized personnel of the system, or by
8 duly authorized agent, exercise the powers and perform the
9 duties by statute vested in and imposed upon the Administrative
10 Office.
11 § 1903. STAFF. <--
12 The Supreme Court may appoint such subordinate administrators
13 and staff as may be necessary and proper for the prompt and
14 proper disposition of the business of all courts and district
15 justices.
16 CHAPTER 21
17 JUDICIAL BOARDS AND COMMISSIONS
18 Subchapter
19 A. Judicial Inquiry and Review Board
20 B. Judicial Qualifications Commission (Reserved)
21 C. Jury Selection Commissions
22 D. Minor Judiciary Education Board
23 E. Boards of Viewers
24 SUBCHAPTER A
25 JUDICIAL INQUIRY AND REVIEW BOARD
26 Sec.
27 2101. Judicial Inquiry and Review Board.
28 2102. Composition of board.
29 2103. Organization.
30 2104. Staff.
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1 2105. Powers and duties.
2 § 2101. Judicial Inquiry and Review Board.
3 (a) General rule.--The Judicial Inquiry and Review Board
4 shall consist of nine persons selected as provided in this
5 subchapter.
6 (b) Seal.--The Judicial Inquiry and Review Board shall have
7 a seal engraved with its name and such other inscription as may
8 be specified by general rule. A facsimile or preprinted seal may
9 be used for all purposes in lieu of the original seal.
10 § 2102. Composition of board.
11 (a) General rule.--The Judicial Inquiry and Review Board
12 shall consist of:
13 (1) Two judges of the Superior Court selected by the
14 Supreme Court.
15 (2) Three judges of the courts of common pleas selected
16 by the Supreme Court, no two or more of such judges shall be
17 from the same judicial district.
18 (3) Two nonjudge members of the bar of the Supreme Court
19 selected by the Governor.
20 (4) Two nonlawyer electors selected by the Governor.
21 (b) Terms of office.--The members of the board shall serve
22 for terms of four years, except that a member, rather than his
23 successor, shall continue to participate in any hearing in
24 progress at the end of his term. A vacancy on the board shall be
25 filled by the respective appointing authority for the balance of
26 the term. The respective appointing authority may remove a
27 member only for cause. No member shall serve more than four
28 consecutive years, but he may be reappointed after a lapse of
29 one year.
30 (c) Restriction on political activity.--A member of the
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1 board may not hold office in a political party or a political
2 organization.
3 (d) Compensation.--Members selected by the Governor shall
4 receive such fees or salary as shall be fixed by the governing
5 authority.
6 § 2103. Organization.
7 Annually the Judicial Inquiry and Review Board shall elect a
8 chairman and other officers of the board, who shall hold office
9 at the pleasure of the board. The board shall act only with the
10 concurrence of a majority of its members.
11 § 2104. Staff.
12 The Judicial Inquiry and Review Board, or the chairman of the
13 board, as may be prescribed by general rule, shall appoint and
14 may remove an executive director and such administrative staff
15 of the board as may be authorized by the governing authority.
16 § 2105. Powers and duties.
17 The Judicial Inquiry and Review Board shall exercise the
18 powers and perform the duties vested in and imposed upon the
19 board by section 18 of Article V of the Constitution of
20 Pennsylvania and Subchapter C of Chapter 33 (relating to
21 discipline and removal by Judicial Inquiry and Review Board) and
22 any other powers and duties vested in and imposed upon the board
23 by law.
24 SUBCHAPTER B
25 JUDICIAL QUALIFICATIONS COMMISSION
26 (Reserved)
27 SUBCHAPTER C
28 JURY SELECTION COMMISSIONS
29 Sec.
30 2121. Jury selection commissions.
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1 2122. Composition of jury selection commissions.
2 2123. Staff.
3 2124. Powers and duties.
4 § 2121. Jury selection commissions.
5 (a) General rule.--The jury selection commission in each
6 county of this Commonwealth shall consist of three or more
7 persons selected as provided in this subchapter or as provided
8 by home rule charter.
9 (b) Home rule charter counties.--The provisions of this
10 subchapter shall be subject to any inconsistent provisions of
11 any home rule charter.
12 § 2122. Composition of jury selection commissions.
13 (a) General rule.--Except in the first judicial district,
14 the jury selection commission shall consist of two jury
15 commissioners elected as provided in this section and a judge of
16 the court of common pleas of the judicial district embracing the
17 county designated from time to time by the president judge of
18 such court. The judge so designated shall be the chairman of the
19 commission.
20 (b) Election of commissioners.--The jury commissioners shall
21 be elected as provided in this subsection and, to the extent not
22 inconsistent with this subsection, as provided by the act of
23 July 28, 1953 (P.L.723, No.230), known as the "Second Class
24 County Code" and the act of August 9, 1955 (P.L.323, No.130),
25 known as "The County Code," as the case may be, and the act of
26 June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania
27 Election Code." Any jury commissioner shall be eligible for
28 reelection for any number of terms. The two persons elected as
29 jury commissioners shall not be of the same political party. The
30 candidate for the office who receives the highest number of
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1 votes shall be one of the jury commissioners, and the other
2 shall be that candidate not being of the same political party as
3 the first who receives the next highest number of votes.
4 (c) Filling of vacancy.--In case of the inability of a jury
5 commissioner, by sickness, death, or other unavoidable cause, to
6 discharge the duties of his office, or in case of neglect or
7 refusal to serve, the president judge of the court of common
8 pleas of the judicial district shall appoint a suitable person
9 to perform the duties of the office during the period of
10 inability.
11 (d) Philadelphia.--In the first judicial district the jury
12 selection commission shall consist of the sheriff and two or <--
13 more judges THE JUDGES of the Court of Common Pleas of <--
14 Philadelphia County. designated by the President Judge of such <--
15 court.
16 (e) Quorum.--A jury selection commission may act by any two
17 of its members.
18 § 2123. Staff.
19 The jury selection commission shall appoint and may remove a
20 clerk and such administrative staff of the commission as may be
21 authorized pursuant to law.
22 § 2124. Powers and duties.
23 Each jury selection commission shall exercise the powers and
24 perform the duties vested in and imposed upon such commissions
25 by Subchapter B of Chapter 45 (relating to selection and custody
26 of jurors) and any other powers and duties vested in and imposed
27 upon such commissions by law.
28 SUBCHAPTER D
29 MINOR JUDICIARY EDUCATION BOARD
30 Sec.
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1 2131. Minor Judiciary Education Board.
2 2132. Composition of board.
3 2133. Organization.
4 2134. Staff.
5 2135. Powers and duties.
6 § 2131. Minor Judiciary Education Board.
7 (a) General rule.--The Minor Judiciary Education Board shall
8 consist of seven members selected as provided in this
9 subchapter.
10 (b) Seal.--The Minor Judiciary Education Board shall have a
11 seal engraved with its name and such other inscription as may be
12 specified by general rule. A facsimile or preprinted seal may be
13 used for all purposes in lieu of the original seal.
14 § 2132. Composition of board.
15 (a) General rule.--The Minor Judiciary Education Board shall
16 consist of the following appointed by the Governor with the
17 consent of two-thirds A MAJORITY of the members elected to the <--
18 Senate:
19 (1) Three persons who shall be judges of the Pittsburgh
20 Magistrates Court or the Traffic Court of Philadelphia or
21 district justices.
22 (2) Three members of the bar of the Supreme Court.
23 (3) One lay elector.
24 (b) Terms of office.--The members of the board shall serve
25 for terms of five years and until a successor has been appointed
26 and qualified. A vacancy on the board shall be filled for the
27 balance of the term.
28 (c) Compensation.--Members of the board shall receive such
29 fees or salary as shall be fixed by the governing authority IN <--
30 THE MANNER PROVIDED BY SECTION 503(B) (RELATING TO PROCEDURE).
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1 § 2133. Organization.
2 Annually the Minor Judiciary Education Board shall elect a
3 chairman and other officers of the board, who shall hold office
4 at the pleasure of the board. The board shall act only with the
5 concurrence of a majority of its members.
6 § 2134. Staff.
7 The Department of Education ADMINISTRATIVE OFFICE shall <--
8 provide such staff assistance as the Minor Judiciary Education
9 Board may require.
10 § 2135. Powers and duties.
11 The Minor Judiciary Education Board shall exercise the powers
12 and perform the duties vested in and imposed upon the board by
13 Subchapter B of Chapter 31 (relating to qualifications of
14 certain minor judiciary) and any other powers and duties vested
15 in and imposed upon the board by law.
16 SUBCHAPTER E
17 BOARDS OF VIEWERS
18 Sec.
19 2141. Boards of viewers.
20 2142. Composition of boards.
21 2143. Staff.
22 2144. Powers and duties.
23 § 2141. Boards of viewers.
24 The boards of viewers in each county of this Commonwealth
25 shall consist of three or more persons selected as provided in
26 this subchapter.
27 § 2142. Composition of boards.
28 (a) General rule.--The court of common pleas of the judicial
29 district embracing the county shall appoint to the board of
30 viewers of the county such a number of persons as shall be
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1 necessary for the proper performance of the duties imposed upon
2 the board. At least one-third of the members of the board of
3 viewers shall be attorneys-at-law and each member shall be a
4 resident of the county unless the court is unable to complete
5 the membership of the board from residents of the county, in
6 which event the court may appoint residents of adjacent
7 counties. In the City and County of Philadelphia the board of
8 viewers may be appointed from among the Board of Revision of
9 Taxes. Additional qualifications for membership on boards of
10 viewers may be established by general rule or rule of court.
11 (b) Terms of office.--The members of boards of viewers shall
12 serve for a term of not less than three nor more than six years,
13 as stated in the appointment, whether such appointment is for an
14 original or partly expired term. All appointments shall be
15 subject to the power of the court of common pleas to remove
16 members of the board without cause and to appoint successors.
17 § 2143. Staff.
18 Each board of viewers shall be provided with such staff as
19 may be necessary.
20 § 2144. Powers and duties.
21 Each board of viewers shall exercise the powers and perform
22 the duties vested in and imposed upon such boards by law.
23 CHAPTER 23
24 SYSTEM AND RELATED PERSONNEL PERSONNEL OF THE SYSTEM <--
25 Sec.
26 2301. Appointment of personnel.
27 2302. Maintenance of adequate county staff.
28 2303. Powers of system and related personnel. <--
29 § 2301. Appointment of personnel.
30 (a) General rule.--Subject to any inconsistent general rules
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1 or other inconsistent provisions of law STATUTORY PROVISIONS <--
2 each:
3 (1) Judge and district justice may appoint and fix the
4 duties of necessary personal staff.
5 (2) Court may appoint and fix the compensation and
6 duties of necessary administrative staff and fix the
7 compensation of personal staff.
8 (3) Other agency or unit of the unified judicial system
9 may appoint and fix the compensation and duties of necessary
10 central staff and personal staff.
11 (b) Oath of office.--Each member of a judicial board or
12 commission and each other person who is appointed to an office
13 shall, before entering upon the duties of his office, take and
14 subscribe the oath or affirmation specified in section 3151
15 (relating to oath of office).
16 (c) County staff unaffected.--The provisions of subsection
17 (a) are intended solely to codify and consolidate former
18 statutory provisions on the same subject and nothing in such
19 subsection shall be construed to limit, modify or deny the
20 existing powers or prerogatives of county staff or other
21 officers, other than judges, elected by the electorate of a
22 county, to appoint and to fix the reasonable compensation of
23 such classes of personnel as such county officers have
24 heretofore been authorized to do by law.
25 § 2302. Maintenance of adequate county staff.
26 Whenever necessary, it shall be the duty of county officers
27 to appoint or detail such county staff as shall enable the
28 judges of the courts embracing the county to properly transact
29 the business before their respective courts.
30 § 2303. Powers of system and related personnel. <--
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1 System and related personnel shall have such powers,
2 including the power to issue subpoenas, as may be provided or
3 prescribed by law or order of court.
4 CHAPTER 25
5 REPRESENTATION OF LITIGANTS
6 Subchapter
7 A. General Provisions
8 B. Attorneys and Counsellors
9 SUBCHAPTER A
10 GENERAL PROVISIONS
11 Sec.
12 2501. Appearance in person or by counsel.
13 2502. Certain persons not to appear as counsel.
14 2503. Right of participants to receive counsel fees.
15 § 2501. Appearance in person or by counsel.
16 (a) Civil matters.--In all civil matters before any tribunal
17 every litigant shall have a right to be heard, by himself and
18 his counsel, or by either of them.
19 (b) Criminal matters.--In all criminal prosecutions the
20 accused has a right to be heard by himself and his counsel.
21 § 2502. Certain persons not to appear as counsel.
22 (a) General rule.--No attorney-at-law who is a member of the
23 staff of a court shall appear as counsel in such court and no
24 attorney-at-law shall appear in any court or in any matter in
25 violation of any general rule relating to the practice of law or
26 the conduct of courts, district justices and officers serving
27 process or enforcing orders of courts.
28 (b) Law clerks.--Except as otherwise prescribed by general
29 rules, a law clerk serving on the personal staff of a judge of a
30 court of common pleas may appear in such court as an attorney-
19750S0935B2100 - 113 -
1 at-law before other judges of such court notwithstanding the
2 provisions of subsection (a).
3 § 2503. Right of participants to receive counsel fees.
4 The following participants shall be entitled to a reasonable
5 counsel fee as part of the taxable costs of the matter:
6 (1) The holder of bonds of a private corporation who
7 successfully recovers due and unpaid interest, the liability
8 for the payment of which was denied by the corporation.
9 (2) A garnishee who enters an appearance in a matter
10 which is discontinued prior to answer filed.
11 (3) A garnishee who is found to have in his possession
12 or control no indebtedness due to or other property of the
13 debtor except such, if any, as has been admitted by answer
14 filed.
15 (4) A possessor of property claimed by two or more other
16 persons, if the possessor interpleads the rival claimants,
17 disclaims all interest in the property and disposes of the
18 property as the court may direct.
19 (5) The prevailing party in an interpleader proceeding
20 in connection with execution upon a judgment.
21 (6) Any participant who is awarded counsel fees as a
22 sanction AGAINST ANOTHER PARTICIPANT for violation of any <--
23 general rule or rule of court or WHICH EXPRESSLY PRESCRIBES <--
24 THE AWARD OF COUNSEL FEES AS A SANCTION for dilatory,
25 obdurate or vexatious conduct during the pendency of any
26 matter.
27 (7) ANY PARTICIPANT WHO IS AWARDED COUNSEL FEES AS A <--
28 SANCTION AGAINST ANOTHER PARTICIPANT FOR DILATORY, OBDURATE
29 OR VEXATIOUS CONDUCT DURING THE PENDENCY OF A MATTER.
30 (7) (8) Any participant who is awarded counsel fees out <--
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1 of a fund within the jurisdiction of the court pursuant to
2 any general rule relating to an award of counsel fees from a
3 fund within the jurisdiction of the court.
4 (8) (9) Any participant who is awarded counsel fees <--
5 because the conduct of another party in commencing the matter
6 or otherwise was arbitrary, vexatious or in bad faith.
7 (9) (10) Any other participant in such circumstances as <--
8 may be specified by statute HERETOFORE OR HEREAFTER ENACTED. <--
9 SUBCHAPTER B
10 ATTORNEYS AND COUNSELLORS
11 Sec.
12 2521. Office of attorney-at-law.
13 2522. Oath of office.
14 2523. Persons specially admitted by local rules.
15 2524. Penalty for unauthorized practice of law.
16 2525. Unauthorized solicitation prohibited.
17 § 2521. Office of attorney-at-law.
18 Persons admitted to the bar of the courts of this
19 Commonwealth and to practice law pursuant to general rules shall
20 thereby hold the office of attorney-at-law.
21 § 2522. Oath of office.
22 Before entering upon the duties of his office, each attorney-
23 at-law shall take and subscribe the following oath or
24 affirmation before a person authorized to administer oaths:
25 "I do solemnly swear (or affirm) that I will support,
26 obey and defend the Constitution of the United States and the
27 Constitution of this Commonwealth and that I will discharge
28 the duties of my office with fidelity, as well to the court
29 as to the client, that I will use no falsehood, nor delay the
30 cause of any person for lucre or malice."
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1 Any person refusing to take the oath or affirmation shall
2 forfeit his office.
3 § 2523. Persons specially admitted by local rules.
4 Any person specially admitted to practice law on or before
5 April 23, 1968 may continue to practice in the court of common
6 pleas or in that division of the court of common pleas and the
7 Philadelphia Municipal Court which substantially includes the
8 practice for which such person was previously specially
9 admitted.
10 § 2524. Penalty for unauthorized practice of law.
11 Any person who within this Commonwealth shall practice law,
12 or who shall hold himself out to the public as being entitled to
13 practice law, or use or advertise the title of lawyer, attorney-
14 at-law, attorney and counsellor-at-law, counsellor, or the
15 equivalent in any language, in such a manner as to convey the
16 impression that he is a practitioner of the law of any
17 jurisdiction, without being an attorney-at-law or a corporation
18 complying with the act of July 9, 1970 (P.L.461, No.160), known
19 as the "Professional Corporation Law," commits a misdemeanor of
20 the third degree.
21 § 2525. Unauthorized solicitation prohibited.
22 (a) Offense defined.--Any person not an attorney-at-law who
23 shall solicit or procure through solicitation a retainer, power
24 of attorney or any agreement, written or oral, authorizing an
25 attorney-at-law to perform or render legal services, or who
26 shall solicit any person in this Commonwealth to institute any
27 action or proceeding for damages in which the compensation of
28 any attorney-at-law for instituting or prosecuting such suit,
29 shall directly or indirectly, depend upon the amount of the
30 recovery therein, commits a misdemeanor of the third degree.
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1 (b) Exception.--Subsection (a) shall not prohibit any bona
2 fide labor organization from giving legal advice to its members
3 in matters arising out of their employment or prohibit any
4 person from engaging in any associational activity which is
5 protected under the Constitution of the United States.
6 CHAPTER 27
7 OFFICE OF THE CLERK OF THE COURT OF COMMON PLEAS
8 Subchapter
9 A. General Provisions
10 B. Prothonotaries
11 C. Clerks of the Courts
12 D. Clerks of Orphans' Court Divisions
13 SUBCHAPTER A
14 GENERAL PROVISIONS
15 Sec.
16 2701. Scope and purpose of chapter.
17 2702. Place of filing of documents.
18 2703. Notice of transfer of functions and duties.
19 2704. Responsibility for entry, maintenance and certification
20 of data.
21 § 2701. Scope and purpose of chapter.
22 (a) Purpose.--The purpose of this chapter is to facilitate
23 the prompt, fair and efficient administration of justice by
24 specifying the respective powers and duties of prothonotaries,
25 clerks of the courts and clerks of orphans' court divisions.
26 (b) Effect of other provisions of law.--The provisions of
27 this chapter shall be subject to any inconsistent statute, home
28 rule charter or optional plan of government, and to any
29 inconsistent general rule or rule of court heretofore or
30 hereafter adopted pursuant to and subject to the limitations of
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1 constitutional authority.
2 § 2702. Place of filing of documents.
3 Where jurisdiction of any matter is by law vested in a court
4 of common pleas or in the Philadelphia Municipal Court, all
5 applications for relief or other documents relating to the
6 matter shall be filed in or transferred to the office of the
7 clerk of the court of common pleas and handled by the
8 appropriate office specified by or pursuant to this chapter.
9 § 2703. Notice of transfer of functions and duties.
10 Whenever pursuant to this chapter an officer SECTION <--
11 2756(B)(2) (RELATING TO EXCEPTIONS) A CLERK OF THE COURTS files
12 a waiver of any functions and duties ordinarily incident to his
13 office, the order of court appointing another officer or other
14 person to perform such functions and duties entered pursuant to
15 this chapter shall not be valid for any purpose until filed in
16 the Administrative Office. The Administrative Office shall cause
17 all such orders to be published in the Pennsylvania Code.
18 § 2704. Responsibility for entry, maintenance and certification
19 of data.
20 The prothonotary, clerk of the courts and clerk of the
21 orphans' court division shall be responsible for the accurate
22 and timely creation, maintenance and certification of the record
23 of matters pending before or determined by the courts of common
24 pleas and the Philadelphia Municipal Court, including data and
25 reports relating thereto.
26 SUBCHAPTER B
27 PROTHONOTARIES
28 Sec.
29 2731. Prothonotary.
30 2732. Selection of prothonotary.
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1 2733. Seal.
2 2734. Office of the prothonotary.
3 2735. Staff.
4 2736. Matters or documents filed in the office of the
5 prothonotary.
6 2737. Powers and duties of the office of the prothonotary.
7 2738. Criminal, probate, estates and fiduciary matters.
8 § 2731. Prothonotary.
9 (a) General rule.--In each county of this Commonwealth there
10 shall be one prothonotary for the court of common pleas, who
11 shall be known as the "Prothonotary of (the respective) County."
12 (b) Multi-county judicial districts.--In multi-county
13 judicial districts the prothonotary shall be the prothonotary of
14 the branch of the court of common pleas established for the
15 county.
16 (c) Philadelphia.--In the first judicial district there
17 shall be one prothonotary for the Court of Common Pleas of
18 Philadelphia County and the Philadelphia Municipal Court, who
19 shall be known as the "Prothonotary of Philadelphia."
20 § 2732. Selection of prothonotary.
21 (a) General rule.--The prothonotary of each county shall be
22 selected, and may be removed, in the manner provided by the act
23 of July 28, 1953 (P.L.723, No.230), known as the "Second Class
24 County Code," or the act of August 9, 1955 (P.L.323, No.130),
25 known as "The County Code," as the case may be.
26 (b) Philadelphia.--The Prothonotary of Philadelphia shall be
27 appointed by the Court of Common Pleas of Philadelphia County.
28 § 2733. Seal.
29 The prothonotary shall have custody of a counterpart of the
30 seal of the court or courts for which he is the prothonotary.
19750S0935B2100 - 119 -
1 § 2734. Office of the prothonotary.
2 (a) General rule.--There shall be an office of the
3 prothonotary in each county of this Commonwealth, which shall be
4 the office of the prothonotary of the county. It shall be <--
5 supervised by the prothonotary of the county who shall, either
6 personally, by deputy or by other duly authorized employees or
7 agents of the office, exercise the powers, and perform the
8 duties by law vested in and imposed upon the prothonotary or the
9 office of the prothonotary.
10 (b) Facilities and services.--The office of the prothonotary
11 shall be provided with all necessary accommodations, goods and
12 services pursuant to section 3722 (relating to general
13 facilities and services furnished by county).
14 § 2735. Staff.
15 (a) General rule.--The prothonotary may appoint and remove
16 such deputies and other administrative staff of the office of
17 the prothonotary as may be necessary.
18 (b) Solicitor.--The prothonotary may appoint and remove a
19 solicitor, who shall be a member of the bar of the Supreme
20 Court. The solicitor shall advise upon all legal matters that
21 may be submitted by the prothonotary to him, and shall conduct
22 any litigation when required to do so by the prothonotary.
23 (c) Compensation and duties.--The prothonotary, except as
24 otherwise provided by statute or home rule charter or optional
25 plan of government, may fix the compensation and duties of the
26 staff of the office of the prothonotary. Where the compensation
27 of the staff of the office of the prothonotary is fixed by a
28 county salary board, the prothonotary shall be a member of the
29 salary board for such purpose.
30 § 2736. Matters or documents filed in the office of the
19750S0935B2100 - 120 -
1 prothonotary.
2 All matters or documents required or authorized to be filed
3 in the office of the clerk of the court of common pleas shall be
4 filed in the office of the prothonotary except:
5 (1) Matters or documents specified in section 2756
6 (relating to matters or documents filed in the office of the
7 clerk of the courts).
8 (2) Matters or documents specified in section 2776
9 (relating to matters or documents filed in the office of the
10 clerk of the orphans' court division).
11 § 2737. Powers and duties of the office of the prothonotary.
12 The office of the prothonotary shall have the power and duty
13 to:
14 (1) Administer oaths and affirmations and take
15 acknowledgments pursuant to section 327 (relating to oaths
16 and acknowledgments), but shall not be compelled to do so in
17 any matters not pertaining to the proper business of the
18 office.
19 (2) Affix and attest the seal of the court or courts to
20 all the process thereof and to the certifications and
21 exemplifications of all documents and records pertaining to
22 the office of the prothonotary and the business of the court
23 or courts of which it is the prothonotary.
24 (3) Enter all civil judgments.
25 (4) Enter all satisfactions of civil judgments.
26 (5) Exercise the authority of the prothonotary as an
27 officer of the court.
28 (6) Exercise such other powers and perform such other
29 duties as may now or hereafter be vested in or imposed upon
30 the office by law, home rule charter, order or rule of court,
19750S0935B2100 - 121 -
1 or ordinance of a county governed by a home rule charter or
2 optional plan of government.
3 § 2738. Criminal, probate, estates and fiduciary matters.
4 (a) General rule.--The personnel of the office of the
5 prothonotary shall exercise the powers and perform the duties
6 vested in or imposed upon the office of the clerk of the court
7 of common pleas by:
8 (1) Subchapter C (relating to clerks of the courts)
9 where no separate clerk of the courts is authorized for the
10 county.
11 (2) Subchapter D (relating to clerks of orphans' court
12 divisions) where no separate clerk of the orphans' court
13 division is authorized for the county.
14 (b) Criminal matters.--Except as provided in subsection
15 (a)(1), the office of the prothonotary shall not exercise the
16 powers and perform the duties of the office of the clerk of the
17 courts.
18 (c) Probate, estates and fiduciary matters.--Except as
19 provided in subsection (a)(2), the office of the prothonotary
20 shall not exercise the powers and perform the duties of the
21 office of the clerk of the orphans' court division.
22 SUBCHAPTER C
23 CLERKS OF THE COURTS
24 Sec.
25 2751. Clerk of the courts.
26 2752. Selection of clerk of the courts.
27 2753. Seal
28 2754. Office of the clerk of the courts.
29 2755. Staff.
30 2756. Matters or documents filed in the office of the clerk of
19750S0935B2100 - 122 -
1 the courts.
2 2757. Powers and duties of the office of the clerk of the
3 courts.
4 § 2751. Clerk of the courts.
5 (a) General rule.--In each county of this Commonwealth there
6 shall be a clerk of the courts for the court of common pleas who
7 shall be known as the "Clerk of the Courts of (the respective)
8 County."
9 (b) Multi-county judicial districts.--In multi-county
10 judicial districts the clerk of the courts shall be the clerk of
11 the courts of the branch of the court of common pleas
12 established for the county.
13 (c) Philadelphia.--In the first judicial district there
14 shall be a clerk of the courts for the Court of Common Pleas of
15 Philadelphia County and the Philadelphia Municipal Court, who
16 shall be known as the "Clerk of Quarter Sessions of
17 Philadelphia."
18 § 2752. Selection of clerk of the courts.
19 (a) General rule.--The clerk of the courts of each county
20 shall be selected, and may be removed, in the manner provided by
21 the act of July 28, 1953 (P.L.723, No.280), known as the "Second
22 Class County Code" or the act of August 9, 1955 (P.L.323,
23 No.130), known as "The County Code," as the case may be. The
24 office shall be combined with another county office when so
25 provided by statute.
26 (b) Philadelphia.--The Clerk of Quarter Sessions of
27 Philadelphia shall be selected, and may be removed, in the
28 manner provided by statute or home rule charter.
29 § 2753. Seal.
30 The clerk of the courts shall have custody of a counterpart
19750S0935B2100 - 123 -
1 of the seal of the court or courts for which he is the clerk of
2 the courts.
3 § 2754. Office of the clerk of the courts.
4 (a) General rule.--There shall be an office of the clerk of
5 the courts in each county of this Commonwealth, which shall be
6 the office of the clerk of the courts of the county. It shall be <--
7 supervised by the clerk of the courts of the county who shall,
8 either personally, by deputy, or by other duly authorized
9 employees or agents of the office, exercise the powers and
10 perform the duties by law vested in and imposed upon the clerk
11 of the courts or the office of the clerk of the courts.
12 (b) Facilities and services.--The office of the clerk of the
13 courts shall be provided with all necessary accommodations,
14 goods and services pursuant to section 3722 (relating to general
15 facilities and services furnished by county).
16 § 2755. Staff.
17 (a) General rule.--The clerk of the courts may appoint and
18 remove such deputies and other administrative staff of the
19 office of the clerk of the courts as may be necessary.
20 (b) Solicitor.--The clerk of the courts may appoint and
21 remove a solicitor, who shall be a member of the bar of the
22 Supreme Court. The solicitor shall advise upon all legal matters
23 that may be submitted by the clerk of the courts to him, and
24 shall conduct any litigation when required to do so by the clerk
25 of the courts.
26 (c) Compensation and duties.--The clerk of the courts,
27 except as otherwise provided by statute or home rule charter or
28 optional plan of government, may fix the compensation and duties
29 of the staff of the office of the clerk of the courts. Where the
30 compensation of the staff of the office of the clerk of the
19750S0935B2100 - 124 -
1 courts is fixed by a county salary board, the clerk of the
2 courts shall be a member of the salary board for such purpose.
3 § 2756. Matters or documents filed in the office of the clerk
4 of the courts.
5 (a) General rule.--All applications for relief or other
6 documents relating to the following matters shall be filed in or
7 transferred to the office of the clerk of the courts:
8 (1) Criminal matters including all related motions and
9 filings.
10 (2) Road, liquor, municipal and other miscellaneous
11 civil matters formerly within the jurisdiction of the Courts
12 of Oyer and Terminer, General Jail Delivery, and Quarter
13 Sessions of the Peace.
14 (3) Other matters to the extent provided by law or the
15 local ordinance or resolution creating or recognizing the
16 cause of action.
17 (b) Exceptions.--
18 (1) Subsection (a)(2) and (3) shall not be applicable in
19 the fifth judicial district.
20 (2) The clerk of the courts of any county may file in
21 the office of the prothonotary of the county and in the
22 Administrative Office a written waiver of all or any part of
23 subsection (a)(2) and (3), whereupon the provisions so waived
24 shall not be applicable in the county.
25 § 2757. Powers and duties of the office of the clerk of the
26 courts.
27 The office of the clerk of the courts shall have the power
28 and duty to:
29 (1) Administer oaths and affirmations and take
30 acknowledgments pursuant to section 327 (relating to oaths
19750S0935B2100 - 125 -
1 and acknowledgments), but shall not be compelled to do so in
2 any matter not pertaining to the proper business of the
3 office.
4 (2) Affix and attest the seal of the court or courts to
5 all the process thereof and to the certifications and
6 exemplifications of all documents and records pertaining to
7 the office of the clerk of the courts and the business of the
8 court or courts of which it is the clerk of the courts.
9 (3) Enter all criminal judgments.
10 (4) Exercise the authority of the clerk of the courts as
11 an officer of the court.
12 (5) Exercise such other powers and perform such other
13 duties as may now or hereafter be vested in or imposed upon
14 the office by law, home rule charter, order or rule of court,
15 or ordinance of a county governed by a home rule charter or
16 optional plan of government.
17 SUBCHAPTER D
18 CLERKS OF ORPHANS' COURT DIVISIONS
19 Sec.
20 2771. Clerk of the orphans' court division.
21 2772. Selection of clerk of the orphans' court division.
22 2773. Seal.
23 2774. Office of the clerk of the orphans' court division.
24 2775. Staff.
25 2776. Matters or documents filed in the office of the clerk of
26 the orphans' court division.
27 2777. Powers and duties of the office of the clerk of the
28 orphans' court division.
29 § 2771. Clerk of the orphans' court division.
30 (a) General rule.--In each county of this Commonwealth there
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1 shall be one clerk of the orphans' court division, who shall be
2 known as the "Clerk of the Orphans' Court Division of the Court
3 of Common Pleas of (the respective) County."
4 (b) Multi-county judicial districts.--In multi-county
5 judicial districts the clerk of the orphans' court division
6 shall be the clerk of the orphans' court division of the branch
7 of the court of common pleas established for the county.
8 § 2772. Selection of clerk of the orphans' court division.
9 (a) General rule.--The clerk of the orphans' court division
10 of each county shall be selected, and may be removed, in the
11 manner provided by the act of July 28, 1953 (P.L.723, No.230),
12 known as the "Second Class County Code," or the act of August 9,
13 1955 (P.L.323, No.130), known as "The County Code," as the case
14 may be. The office shall be combined with another county office
15 when so provided by statute.
16 (b) Philadelphia.--The Register of Wills of Philadelphia
17 shall serve ex officio as Clerk of the Orphans' Court Division
18 of the Court of Common Pleas of Philadelphia County.
19 § 2773. Seal.
20 The clerk of the orphans' court division shall have custody
21 of a counterpart of the seal of the court for which he is the
22 clerk of the orphans' court division.
23 § 2774. Office of the clerk of the orphans' court division.
24 (a) General rule.--There shall be an office of the clerk of
25 the orphans' court division in each county of this Commonwealth,
26 which shall be the office of the clerk of the orphans' court <--
27 division of the county. It shall be supervised by the clerk of
28 the orphans' court division of the county who shall, either
29 personally, by deputy, or by other duly authorized employees or
30 agents of the office, exercise the powers, and perform the
19750S0935B2100 - 127 -
1 duties by law vested in and imposed upon the clerk of the
2 orphans' court division or the office of the clerk of the
3 orphans' court division.
4 (b) Facilities and services.--The office of the clerk of the
5 orphans' court division shall be provided with all necessary
6 accommodations, goods and services pursuant to section 3722
7 (relating to general facilities and services furnished by
8 county).
9 § 2775. Staff.
10 (a) General rule.--The clerk of the orphans' court division,
11 with the consent and approval of the court, may appoint and
12 remove such deputies and other administrative staff of the
13 office as may be necessary.
14 (b) Solicitor.--The clerk of the orphans' court division, <--
15 with the consent and approval of the court, may appoint and
16 remove a solicitor, who shall be a member of the bar of the
17 Supreme Court. The solicitor shall advise upon all legal matters
18 that may be submitted by the clerk of the orphans' court
19 division to him, and shall conduct any litigation when required
20 to do so by the clerk of the orphans' court division.
21 (c) (B) Compensation and duties.--The clerk of the orphans' <--
22 court division, except as otherwise provided by statute or home
23 rule charter or optional plan of government, may fix the
24 compensation and duties of the staff of the office of the clerk
25 of the orphans' court division. Where the compensation of the
26 staff of the office of the clerk of the orphans' court division
27 is fixed by a county salary board, the clerk of the orphans'
28 court division shall be a member of the salary board for such
29 purpose.
30 § 2776. Matters or documents filed in the office of the clerk
19750S0935B2100 - 128 -
1 of the orphans' court division.
2 All matters to be heard or determined in the orphans' court
3 division of a court of common pleas shall be filed in or
4 transferred to the office of the clerk of the orphans' court
5 division.
6 § 2777. Powers and duties of the office of the clerk of the
7 orphans' court division.
8 The office of the clerk of the orphans' court division shall
9 have the power and duty to:
10 (1) Administer oaths and affirmations and take
11 acknowledgments pursuant to section 327 (relating to oaths
12 and acknowledgments), but shall not be compelled to do so in
13 any matter not pertaining to the proper business of the
14 office.
15 (2) Affix and attest the seal of the court to all the
16 process thereof and to the certifications and
17 exemplifications of all documents and records pertaining to
18 the office of the clerk of the orphans' court division and
19 the business of the division.
20 (3) Enter all orders of the court determined in the
21 division.
22 (4) Enter all satisfactions of judgments entered in the
23 office.
24 (5) Exercise the authority of the clerk of the orphans'
25 court division as an officer of the court.
26 (6) Exercise such other powers and perform such other
27 duties as may now or hereafter be vested in or imposed upon
28 the office by law, home rule charter, order or rule of court,
29 or ordinance of a county governed by a home rule charter, or
30 optional plan of government.
19750S0935B2100 - 129 -
1 PART III
2 SELECTION, RETENTION AND REMOVAL OF JUDICIAL OFFICERS
3 Chapter
4 31. Selection and Retention of Judicial Officers
5 33. Discipline, Removal and Retirement of Judicial Officers
6 CHAPTER 31
7 SELECTION AND RETENTION OF JUDICIAL OFFICERS
8 Subchapter
9 A. Qualifications Generally
10 B. Qualifications of Certain Minor Judiciary
11 C. Selection of Judicial Officers
12 D. Tenure and Compensation
13 SUBCHAPTER A
14 QUALIFICATIONS GENERALLY
15 Sec.
16 3101. Qualifications of judicial officers generally.
17 § 3101. Qualifications of judicial officers generally.
18 (a) Judges and district justices.--Judges and district <--
19 justices shall be citizens of this Commonwealth. Judges, except
20 judges of the Pittsburgh Magistrates Court and the Traffic Court
21 of Philadelphia, shall be members of the bar of the Supreme
22 Court. Judges of the Supreme, Superior and Commonwealth Courts,
23 for a period of one year preceding their election or appointment
24 and during their continuance in office, shall reside within this
25 Commonwealth. Other judges and district justices, for a period
26 of one year preceding their election or appointment and during
27 their continuance in office, shall reside within their
28 respective districts, except when temporarily assigned to
29 another district pursuant to law.
30 (b) Appointive judicial officers.--Appointive judicial <--
19750S0935B2100 - 130 -
1 officers shall have such qualifications as may be provided or
2 prescribed by law.
3 SUBCHAPTER B
4 QUALIFICATIONS OF CERTAIN MINOR JUDICIARY
5 Sec.
6 3111. Definitions.
7 3112. Course of instruction and examination required.
8 3113. Content of course of instruction and examination.
9 3114. Admission of interested persons.
10 3115. Certification of successful completion of course.
11 3116. Effect of failure to obtain certificate.
12 3117. Expenses.
13 3118. Rules and regulations.
14 § 3111. Definitions.
15 The following words and phrases when used in this subchapter
16 shall have, unless the context clearly indicates otherwise, the
17 meanings given to them in this section:
18 "Board." The board existing under Subchapter D of Chapter 21
19 (relating to Minor Judiciary Education Board).
20 "Department." The Department of Education. <--
21 "Judge." A judge of the Pittsburgh Magistrates Court or the
22 Traffic Court of Philadelphia.
23 § 3112. Course of instruction and examination required.
24 District justices and judges who are not members of the bar
25 of the Supreme Court shall complete a course of training and
26 instruction in the duties of their respective offices and pass
27 an examination prior to assuming office.
28 § 3113. Content of course of instruction and examination.
29 (a) General rule.--The board shall prescribe and approve the
30 subject matter and the examination for the course of training
19750S0935B2100 - 131 -
1 and instruction required by this subchapter. The department <--
2 shall ADMINISTRATIVE OFFICE SHALL, subject to the direction of <--
3 the board, administer the course of training and instruction and
4 conduct the examination. The department ADMINISTRATIVE OFFICE <--
5 shall conduct the course and examination at such times, at such
6 places and in such manner as the regulations of the board may
7 prescribe. The board shall make the course of instruction
8 available at such times so as to insure that any district
9 justice or judge elected or appointed may qualify to assume
10 office as soon as possible.
11 (b) Content of course.--The course of training and
12 instruction shall not exceed four weeks in duration and shall
13 consist of a minimum of 40 hours of class instruction in civil
14 and criminal law, including evidence and procedure, in the case
15 of all such officials except judges of the Traffic Court of
16 Philadelphia, in which case it shall consist of a minimum of 20
17 hours of class instruction in summary proceedings and laws
18 relating to motor vehicles. Where it is economically unfeasible
19 to conduct a class, the department ADMINISTRATIVE OFFICE shall <--
20 provide equivalent instruction by correspondence.
21 § 3114. Admission of interested persons.
22 In addition to those required by this subchapter to complete
23 the course of training and instruction and successfully pass an
24 examination prior to assuming office, any interested person may
25 apply to the department ADMINISTRATIVE OFFICE to be enrolled in <--
26 the course of instruction and take the examination. Any such
27 interested person who successfully completes the course and
28 passes the examination, and who subsequently is elected or
29 appointed to the office of district justice or judge may secure
30 a certificate from the department ADMINISTRATIVE OFFICE as <--
19750S0935B2100 - 132 -
1 provided in section 3115 (relating to certification of
2 successful completion of course) without again taking the course
3 of training and instruction and passing the examination required
4 by this subchapter.
5 § 3115. Certification of successful completion of course.
6 Upon the successful completion of the course of training and
7 instruction and examination, the department ADMINISTRATIVE <--
8 OFFICE shall issue to a person elected or appointed as a
9 district justice or judge a certificate in the form prescribed
10 by the board, certifying that such person is qualified to
11 perform his duties as required by the Constitution of
12 Pennsylvania. Such certificate shall be filed in the office of
13 the clerk of the court of common pleas of the judicial district
14 embracing the district to be served by the district justice or
15 judge.
16 § 3116. Effect of failure to obtain certificate.
17 In the event that any district justice or judge fails to file
18 the certificate provided for by section 3115 (relating to
19 certification of successful completion of course) in the manner
20 therein provided within nine months after his election or
21 appointment, his office shall become vacant, and such vacancy
22 shall be filled as provided in this chapter.
23 § 3117. Expenses.
24 (a) District justices and judges.--The course of training
25 and instruction required of district justices and judges by this
26 subchapter shall be provided at the expense of the Commonwealth.
27 Any person elected or appointed to the office of district
28 justice or judge shall receive such per diem and expenses for
29 each day of actual attendance at class instruction as shall be
30 fixed by the governing authority IN THE MANNER PROVIDED BY <--
19750S0935B2100 - 133 -
1 SECTION 503(B) (RELATING TO PROCEDURES). Until such person has
2 successfully completed the course of training and instruction
3 and passed the examination, he shall not receive any salary from
4 the Commonwealth.
5 (b) Other persons.--Any other person who, within two years
6 of the date of his successful completion of the examination, is
7 elected or appointed to the office of district justice or judge,
8 shall be reimbursed for his expenses as though he had been
9 eligible to receive such expenses at the time he was enrolled in
10 the course of training and instruction.
11 § 3118. Rules and regulations.
12 The department ADMINISTRATIVE OFFICE shall have the power to <--
13 promulgate, with the approval of the board, such rules and
14 regulations as are necessary to carry out its duties under this
15 subchapter.
16 SUBCHAPTER C
17 SELECTION OF JUDICIAL OFFICERS
18 Sec.
19 3131. Selection of judicial officers for regular terms.
20 3132. Vacancies in office.
21 3133. Commonwealth Court judges.
22 3134. Community Court judges.
23 3135. Increase in number of judges.
24 § 3131. Selection of judicial officers for regular terms.
25 (a) Judges and district justices generally.--Except as
26 provided in subsection (d) judges and district justices shall be
27 elected for a regular term of office at the municipal election
28 next preceding the commencement of their respective regular
29 terms of office by the electors of this Commonwealth or the
30 respective districts in which they are to serve.
19750S0935B2100 - 134 -
1 (b) Retention election.--Any of the following MAY FILE A <--
2 DECLARATION FOR CANDIDACY FOR RETENTION ELECTION WITH THE
3 SECRETARY OF THE COMMONWEALTH ON OR BEFORE THE FIRST MONDAY OF
4 JANUARY OF THE YEAR PRECEDING THE YEAR IN WHICH HIS TERM OF
5 OFFICE EXPIRES:
6 (1) a person elected to the Philadelphia Municipal Court
7 pursuant to this section, or corresponding provisions of
8 prior law, who becomes a judge of the Community Court of
9 Philadelphia County pursuant to section 3321(b)(1) (relating
10 to establishment of community courts);
11 (2) a person elected to the Community Court of
12 Philadelphia County pursuant to this section who becomes a
13 judge of the Philadelphia Municipal Court pursuant to section
14 3322(b) (relating to discontinuance of community courts); or
15 (3) a person appointed to the Commonwealth Court
16 pursuant to the former provisions of section 3(a) of the act
17 of January 6, 1970 (P.L.434, No.185), known as "The
18 Commonwealth Court Act."
19 may file a declaration for candidacy for retention election with <--
20 the Secretary of the Commonwealth on or before the first Monday
21 of January of the year preceding the year in which his term of
22 office expires. If no declaration if filed, a vacancy shall
23 exist upon the expiration of the term of office of such judge,
24 to be filled by election under subsection (c). If a judge files
25 a declaration, his name shall be submitted to the electors
26 without party designation, as a separate judicial question or in
27 a separate column or line on voting machines, at the municipal
28 election immediately preceding the expiration of the term of
29 office of the judge, to determine only the question whether he
30 shall be retained in office. If a majority is against retention,
19750S0935B2100 - 135 -
1 a vacancy shall exist upon the expiration of his term of office,
2 to be filled by appointment under section 3132(a) (relating to
3 vacancies in office). If a majority favors retention, the judge
4 shall serve for a regular term of office provided for in section
5 3152 (relating to tenure of judicial officers), unless sooner
6 removed or retired. At the expiration of such regular term such
7 judge shall be eligible for retention as provided in section
8 3153 (relating to retention elections), subject only to the
9 retirement provisions of this part. Section 3133 (relating to
10 Commonwealth Court judges) shall not be applicable to an
11 election conducted pursuant to this subsection.
12 (c) Other elections.--Except as provided in subsection (b)
13 judges and district justices shall be elected as provided in the
14 act of June 3, 1937 (P.L.1333, No.320), known as the
15 "Pennsylvania Election Code."
16 (d) Pittsburgh Magistrates Court.--The judges of the
17 Pittsburgh Magistrates Court shall be appointed by the Mayor of
18 the City of Pittsburgh with the advice and consent of the
19 Council of the City of Pittsburgh. All of such judges shall not
20 be of the same political party.
21 (e) Appointive judicial officers.--Subject to any
22 inconsistent general rules or other inconsistent provisions of
23 law, appointive judicial officers shall be appointed and their
24 duties shall be fixed by the court in which they are to serve.
25 § 3132. Vacancies in office.
26 (a) General rule.--Except as provided in subsection (b), a
27 vacancy in the office of judge or district justice shall be
28 filled by appointment by the Governor. The appointment shall be
29 with the advice and consent of two-thirds of the members elected
30 to the Senate, except in the case of district justices which
19750S0935B2100 - 136 -
1 shall be by a majority. The person so appointed shall serve for
2 an initial term ending on the first Monday of January following
3 the next municipal election more than ten months after the
4 vacancy occurs.
5 (b) Pittsburgh Magistrates Court.--A vacancy in the office
6 of judge of the Pittsburgh Magistrates Court shall be filled as
7 provided in section 3131(d) (relating to Pittsburgh Magistrates
8 Court).
9 (c) Retention vacancies.--The provisions of subsection (a)
10 shall not apply either in the case of a vacancy to be filled by
11 retention election as provided in section 3131(b) (relating to
12 retention election) or section 3153 (relating to retention
13 elections) or in case of a vacancy created by failure of a judge
14 to file a declaration for retention election as provided in
15 section 3131(b) or section 3153.
16 (d) Vacancies following initial term.--In case of a vacancy
17 occurring at the expiration of an appointive term under
18 subsection (a), the vacancy shall be filled by election as
19 provided in section 3131 (relating to selection of judicial
20 officers for regular terms).
21 § 3133. Commonwealth Court judges.
22 Whenever two or more judges of the Commonwealth Court are to
23 be elected pursuant to section 3131(c) (relating to selection of
24 judicial officers for regular terms) at the same election, each
25 qualified elector shall vote for no more than:
26 (1) one-half of the number of judges to be elected, if
27 the total number to be elected is even; or
28 (2) the smallest number constituting a majority of the
29 total number of judges to be elected, if the total number to
30 be elected is odd.
19750S0935B2100 - 137 -
1 The persons having the highest number of votes, up to the total
2 number of judges to be elected, shall be elected.
3 § 3134. Community Court judges.
4 If the electors approve the establishment of a community
5 court at the primary election in a municipal election year, the
6 first judges of the court shall be elected at that municipal
7 election. The nominees for election shall be determined in the
8 same manner as is then provided for by law in the case of
9 substitution of nominees where a nominee for a judge of the
10 court of common pleas has died subsequent to a primary election.
11 If the electors approve the establishment of a community court
12 at the primary election in a general election year, the first
13 judges of the court shall be nominated at the primary election
14 preceding the next following municipal election and shall be
15 elected at such municipal election.
16 § 3135. Increase in number of judges.
17 Whenever the number of judges of a court is increased by
18 statute, unless otherwise expressly provided by statute, the
19 additional judicial positions thereby created shall be deemed to
20 be vacancies occurring on the effective date of the statute, and
21 shall be filled in the manner and for the initial term provided
22 in this chapter for other vacancies on such court.
23 SUBCHAPTER D
24 TENURE AND COMPENSATION
25 Sec.
26 3151. Oath of office.
27 3152. Tenure of judicial officers.
28 3153. Retention elections.
29 3154. Compensation of judicial officers.
30 § 3151. Oath of office.
19750S0935B2100 - 138 -
1 Each judicial officer shall, before entering on the duties of
2 his office, take and subscribe the following oath or affirmation
3 before a person authorized to administer oaths:
4 "I do solemnly swear (or affirm) that I will support,
5 obey and defend the Constitution of the United States and the
6 Constitution of this Commonwealth and that I will discharge
7 the duties of my office with fidelity."
8 Any person refusing to take the oath or affirmation shall
9 forfeit his office. A judicial officer shall be sworn upon his
10 appointment or election, and after each retention election, and
11 thereafter need not be sworn in any matter referred to him.
12 § 3152. Tenure of judicial officers.
13 (a) Judges and district justices.--The regular term of
14 office of judges and district justices shall be as follows:
15 (1) Judges of the Philadelphia Municipal Court and the
16 Traffic Court of Philadelphia--Six years.
17 (2) Judges of the Pittsburgh Magistrates Court--For the <--
18 term of the mayor appointing them, but subject to removal by
19 him, and until a successor shall be appointed and confirmed.
20 FOUR YEARS. <--
21 (3) All other judges--Ten years.
22 (4) District justices--Six years.
23 (b) Effect of changes.--The tenure of any judge shall not be
24 affected by changes in judicial districts or by reduction in the
25 number of judges. Where a multi-county judicial district is
26 divided by statute into two or more districts or where a county
27 is transferred by statute from one judicial district to another,
28 a judge shall continue to be or shall become a judge of that
29 judicial district which embraces the county of his residence at
30 the effective date of the change.
19750S0935B2100 - 139 -
1 (c) Appointive judicial officers.--Except as otherwise
2 provided or prescribed by law, appointive judicial officers
3 shall hold office at the pleasure of the appointing authority.
4 § 3153. Retention elections.
5 (a) General rule.--A judge elected under section 3131
6 (relating to selection of judicial officers for regular terms)
7 or retained under this section may file a declaration of
8 candidacy for retention election with the Secretary of the
9 Commonwealth on or before the first Monday of January of the
10 year preceding the year in which his term of office expires. If
11 no declaration is filed, a vacancy shall exist upon the
12 expiration of the term of office of such judge, to be filled by
13 election under section 3131(c).
14 (b) Judicial ballot.--If a judge files a declaration, his
15 name shall be submitted to the electors without party
16 designation, as a separate judicial question or in a separate
17 column or line on voting machines, at the municipal election
18 immediately preceding the expiration of the term of office of
19 the judge, to determine only the question whether he shall be
20 retained in office.
21 (c) Results of election.--If a majority is against
22 retention, a vacancy shall exist upon the expiration of his term
23 of office, to be filled by appointment under section 3132(a)
24 (relating to vacancies in office). If a majority favors
25 retention, the judge shall serve for the regular term of office
26 provided for in section 3152 (relating to tenure of judicial
27 officers), unless sooner removed or retired. At the expiration
28 of each term a judge shall be eligible for retention as provided
29 in this section, subject only to the retirement provisions of
30 this part.
19750S0935B2100 - 140 -
1 § 3154. Compensation of judicial officers.
2 (a) Judges and district justices.--Judges and district
3 justices shall be compensated in the amount fixed by or pursuant
4 to statute out of funds appropriated to the unified judicial
5 system. Their compensation shall not be diminished during their
6 terms of office, unless by law applying generally to all
7 salaried officers of the Commonwealth.
8 (b) Appointive judicial officers.--Except as otherwise
9 expressly provided by statute:
10 (1) The compensation of appointive judicial officers
11 whose compensation has heretofore by law been fixed by the
12 county salary board, by the county staff or by other
13 officers, other than judges, elected by the electorate of a
14 county, shall continue to be fixed in the same manner and by
15 the same authority.
16 (2) The compensation of all other appointive judicial
17 officers shall, except as otherwise prescribed by the
18 governing authority, be fixed by the appointing authority.
19 CHAPTER 33
20 DISCIPLINE, REMOVAL AND RETIREMENT OF JUDICIAL OFFICERS
21 Subchapter
22 A. Standards of Conduct
23 B. Establishment and Discontinuance of Courts
24 C. Discipline and Removal by Judicial Inquiry and Review
25 Board
26 D. Retirement
27 SUBCHAPTER A
28 STANDARDS OF CONDUCT
29 Sec.
30 3301. Constitutional restrictions.
19750S0935B2100 - 141 -
1 3302. Additional restrictions.
2 3303. Additional compensation prohibited.
3 3304. Acting as collection agent or paid arbitrator prohibited.
4 3305. Automatic removal upon conviction or disbarment.
5 3306. Automatic removal upon nonjudicial candidacy.
6 3307. Automatic suspension of judicial officer under
7 impeachment.
8 § 3301. Constitutional restrictions.
9 Judges shall devote full time to their judicial duties, and
10 shall not engage in the practice of law, hold office in a
11 political party or political organization, or hold an office or
12 position of profit in the government of the United States, the
13 Commonwealth or any municipal corporation or political
14 subdivision thereof, except in the armed service of the United
15 States or the Commonwealth.
16 § 3302. Additional restrictions.
17 Judges shall not engage in any activity prohibited by this
18 subchapter or any other provision of law and shall not violate
19 any canon of ethics prescribed by general rule. District
20 justices and appointive judicial officers shall be governed by
21 rules or canons prescribed by general rule.
22 § 3303. Additional compensation prohibited.
23 No judicial officer shall be paid or accept for the
24 performance of any judicial duty or for any service connected
25 with his office, any fee, emolument or perquisite other than the
26 salary and expenses provided or prescribed by law.
27 § 3304. Acting as collection agent or paid arbitrator
28 prohibited.
29 (a) Collection agent.--No judge or district justice shall
30 act as agent for a person in the collection of a claim or
19750S0935B2100 - 142 -
1 judgment for money.
2 (b) Arbitrator.--No judge or district justice shall receive
3 any fee or emolument for performing the duties of an arbitrator.
4 § 3305. Automatic removal upon conviction or disbarment.
5 A judge or district justice convicted of misbehavior in
6 office by a court, disbarred as a member of the bar of the
7 Supreme Court or removed under Subchapter C (relating to
8 discipline and removal by Judicial Inquiry and Review Board)
9 shall forfeit automatically his judicial office and thereafter
10 be ineligible for judicial office.
11 § 3306. Automatic removal upon nonjudicial candidacy.
12 A judge who shall file for nomination for or election to any
13 public office other than a judicial office shall forfeit
14 automatically his judicial office.
15 § 3307. Automatic suspension of judicial officer under
16 impeachment.
17 No judge or district justice against whom impeachment
18 proceedings are pending in the Senate shall exercise any of the
19 duties of his office until he shall have been acquitted.
20 SUBCHAPTER B
21 ESTABLISHMENT AND DISCONTINUANCE OF COURTS
22 Sec.
23 3321. Establishment of community courts.
24 3322. Discontinuance of community courts.
25 § 3321. Establishment of community courts.
26 (a) General rule.--In a judicial district which establishes
27 a community court, a person serving as a district justice at
28 such time:
29 (1) may complete his term exercising the jurisdiction
30 provided or prescribed by law and with the compensation
19750S0935B2100 - 143 -
1 provided by or pursuant to statute; and
2 (2) upon completion of his term, his office is abolished
3 and no judicial function of the kind theretofore exercised by
4 a district justice shall thereafter be exercised other than
5 by the community court.
6 (b) Philadelphia.--If a community court is established in
7 the City and County of Philadelphia:
8 (1) The judges of the Philadelphia Municipal Court shall
9 become judges of the Community Court of Philadelphia County
10 and their tenure shall not be otherwise affected.
11 (2) The office of judge of the Traffic Court of
12 Philadelphia is abolished effective upon the establishment of
13 the community court.
14 (3) No jurisdiction of the kind theretofore exercised
15 exclusively by the municipal and traffic courts shall
16 thereafter be exercised other than by the community court.
17 § 3322. Discontinuance of community courts.
18 (a) General rule.--In a judicial district which discontinues
19 a community court, a person serving as a judge of the community
20 court at such time:
21 (1) may complete his term exercising the jurisdiction
22 provided or prescribed by law and with the compensation
23 provided by or pursuant to statute; and
24 (2) upon completion of his term, his office is abolished
25 and no judicial function of the kind theretofore exercised by
26 the community court shall thereafter be exercised other than
27 by the court of common pleas and the district justices of the
28 judicial district.
29 (b) Philadelphia.--If the Community Court of Philadelphia
30 County is discontinued the judges of that court shall become
19750S0935B2100 - 144 -
1 judges of the Philadelphia Municipal Court and their tenure
2 shall not be otherwise affected.
3 SUBCHAPTER C
4 DISCIPLINE AND REMOVAL BY
5 JUDICIAL INQUIRY AND REVIEW BOARD
6 Sec.
7 3331. Power of discipline or removal.
8 3332. Investigation and hearing.
9 3333. Recommendation to and action by Supreme Court.
10 3334. Proceedings confidential.
11 § 3331. Power of discipline or removal.
12 (a) Judges.--Under the procedure provided in this
13 subchapter, any judge may be suspended, removed from office or
14 otherwise disciplined for violation of Subchapter A (relating to
15 standards of conduct), misconduct in office, neglect of duty,
16 failure to perform his duties, or conduct which prejudices the
17 proper administration of justice or brings the judicial office
18 into disrepute and may be retired for disability seriously
19 interfering with the performance of his duties.
20 (b) District justices.--The suspension, removal, discipline
21 and compulsory retirement of district justices shall be governed
22 by general rule.
23 § 3332. Investigation and hearing.
24 (a) Investigation.--The Judicial Inquiry and Review Board
25 shall keep informed as to matters relating to grounds for
26 suspension, removal, discipline, or compulsory retirement of
27 judges. It shall receive complaints or reports, formal or
28 informal, from any source pertaining to such matters, and shall
29 make such preliminary investigations as it deems necessary.
30 (b) Hearing.--The board, after such investigation, may order
19750S0935B2100 - 145 -
1 a hearing concerning the suspension, removal, discipline or
2 compulsory retirement of a judge. The orders of the board for
3 attendance of or testimony by witnesses or for the production of
4 documents at any hearing or investigation shall be enforceable
5 by contempt proceedings.
6 (c) Privilege.--The filing of papers with and the giving of
7 testimony before the board shall be privileged.
8 § 3333. Recommendation to and action by Supreme Court.
9 (a) Recommendation by board.--If, after hearing, the
10 Judicial Inquiry and Review Board finds good cause therefor, it
11 shall recommend to the Supreme Court the suspension, removal,
12 discipline or compulsory retirement of the judge.
13 (b) Action by Supreme Court.--The Supreme Court shall review
14 the record of the proceedings of the board on the law and facts
15 and may permit the introduction of additional evidence. It shall
16 order suspension, removal, discipline or compulsory retirement,
17 or wholly reject the recommendation, as it finds just and
18 proper. Upon an order for compulsory retirement, the judge shall
19 be retired with the same rights and privileges as if he were
20 retired under Subchapter D of this chapter (relating to
21 retirement).
22 (c) Effect of order.--Upon an order for suspension or
23 removal, the judge shall be suspended or removed from office,
24 and his salary shall cease from the date of such order.
25 § 3334. Proceedings confidential.
26 All papers filed with and proceedings before the Judicial
27 Inquiry and Review Board shall be confidential but upon being
28 filed by the board in the Supreme Court, the record shall lose
29 its confidential character.
30 SUBCHAPTER D
19750S0935B2100 - 146 -
1 RETIREMENT
2 Sec.
3 3351. Automatic retirement on age.
4 3352. Pension rights.
5 § 3351. Automatic retirement on age.
6 Judges and district justices shall be retired upon attaining
7 the age of 70 years.
8 § 3352. Pension rights.
9 (a) General rule.--Former and retired judges and district
10 justices shall receive such compensation as shall be provided by
11 or pursuant to statute. No compensation shall be paid to any
12 judge or district justice who is suspended or removed from
13 office under Subchapter C (relating to discipline and removal by
14 Judicial Inquiry and Review Board) or under Article VI of the
15 Constitution of Pennsylvania.
16 (b) Definition.--As used in this section "former" means a
17 judge or district justice serving by appointment or election who
18 vacates his office upon the expiration of his term or who
19 resigns his office.
20 PART IV
21 FINANCIAL MATTERS
22 Chapter
23 35. Budget and Finance
24 37. Facilities and Supplies
25 CHAPTER 35
26 BUDGET AND FINANCE
27 Subchapter
28 A. General Provisions
29 B. Judicial Department Budget and Finance
30 C. County Finance
19750S0935B2100 - 147 -
1 D. Money Paid into Court
2 SUBCHAPTER A
3 GENERAL PROVISIONS
4 Sec.
5 3501. Definitions.
6 3502. Financial regulations.
7 3503. Penalties.
8 § 3501. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this part which are applicable to specific
11 provisions of this part, the following words and phrases, when
12 used in this part shall have, unless the context clearly
13 indicates otherwise, the meanings given to them in this section:
14 "Appropriated through the budget of the judicial department <--
15 JUDICIAL DEPARTMENT to a political subdivision." Implies an <--
16 appropriation AN APPROPRIATION THROUGH THE BUDGET OF THE <--
17 JUDICIAL DEPARTMENT direct from the General Fund to the treasury
18 of a political subdivision under circumstances where, except as
19 provided by section 3726 (relating to manner of expenditure of
20 local funds), the manner of the expenditure of the appropriation
21 is within the control of officers of the political subdivision
22 and the judges of the courts established for or embracing such
23 political subdivision.
24 "Appropriated to the unified judicial system." Implies an AN <--
25 appropriation to the judicial department JUDICIAL DEPARTMENT <--
26 other than one appropriated through the budget of the judicial <--
27 department JUDICIAL DEPARTMENT to a political subdivision. <--
28 "Budget respondent." The courts, district justices, other
29 agencies or units of the unified judicial system, the Director
30 of Finance of the City of Philadelphia, the county controllers
19750S0935B2100 - 148 -
1 or county auditors of other counties of this Commonwealth, the
2 Treasurer of the City of Pittsburgh, and any other government
3 unit from which the Administrative Office is authorized to
4 obtain information relating to the budget of the Judicial
5 Department.
6 "Judicial and correctional RELATED functions." All of the <--
7 following functions:
8 (1) Organization and operation of courts and district
9 justices and all offices of system and related personnel.
10 (2) Organization and operation of penal, correctional
11 and probation facilities and services.
12 The term does not include any function relating to the detection
13 of crime, the apprehension of persons suspected of criminal
14 conduct (except in connection with the enforcement of bench
15 warrants, injunctions or other judicial orders in specific
16 matters), the maintenance of public peace or other police
17 functions.
18 § 3502. Financial regulations.
19 (a) General rule.--The governing authority may promulgate
20 regulations relating to forms and accounting methods to be
21 utilized in connection with funds appropriated to the unified
22 judicial system and all fees, costs, grants, moneys paid into
23 court and all other unappropriated funds handled by system and
24 related personnel other than county staff, defining for such
25 accounting purposes terms not otherwise defined in this title,
26 specifying the time and manner of making remittances and
27 disbursements of moneys by system and related personnel other
28 than county staff, and fixing bonding requirements of system and
29 related personnel other than county staff.
30 (b) County staff.--The Department of Community Affairs, with
19750S0935B2100 - 149 -
1 the approval of the governing authority, may promulgate
2 regulations relating to forms and accounting methods to be
3 utilized in connection with the judicial and correctional <--
4 RELATED accounts to be maintained pursuant to this part, <--
5 defining for accounting purposes terms not otherwise defined,
6 used in this part in connection with judicial and correctional <--
7 RELATED accounts, specifying the time and manner of making <--
8 remittances and disbursements of moneys under this part by
9 county staff and fixing bonding requirements of county staff
10 handling moneys which are subject to this part.
11 § 3503. Penalties.
12 Any person who fails to remit any fines, penalties,
13 forfeitures, fees, cash or other moneys received by him within
14 the time and in the manner specified by regulations promulgated
15 pursuant to section 3502 (relating to financial regulations) or
16 any person who wilfully violates any such regulations commits a
17 misdemeanor of the third degree.
18 SUBCHAPTER B
19 JUDICIAL DEPARTMENT BUDGET AND FINANCE
20 Sec.
21 3521. Development of budget information.
22 3522. Preparation of tentative budget request.
23 3523. Adoption of final budget request.
24 3524. Form of Judicial Department appropriation.
25 3525. List of employees to be furnished.
26 3526. Release of funds.
27 3527. Estimates of current expenditures by Administrative
28 Office.
29 3528. Fiscal period.
30 3529. Audits of affairs of unified judicial system.
19750S0935B2100 - 150 -
1 3530. Preparation of requisitions.
2 § 3521. Development of budget information.
3 (a) General rule.--The Administrative Office shall annually
4 obtain and prepare information for the preparation of a budget
5 for the Judicial Department within such time as to comply with
6 the requirements of section 601 of the act of April 9, 1929
7 (P.L.177, No.175), known as "The Administrative Code of 1929."
8 The Administrative Office shall distribute to the courts,
9 district justices, other agencies or units of the unified
10 judicial system, the Director of Finance of the City and County
11 of Philadelphia, the county controllers and county auditors of
12 other counties of this Commonwealth, and the Treasurer of the
13 City of Pittsburgh the proper blanks necessary for the
14 preparation of the budget estimates, with a request that such
15 blanks be returned with the information desired, not later than
16 a date specified by the Administrative Office. Such blanks shall
17 be in such form as shall be prescribed by the Administrative
18 Office to procure, as to judicial and correctional functions, <--
19 FUNCTIONS TO BE FUNDED IN WHOLE OR IN PART THROUGH <--
20 APPROPRIATIONS THROUGH THE BUDGET OF THE JUDICIAL DEPARTMENT,
21 any or all information pertaining to the revenues and
22 expenditures for the preceding fiscal years, and for the current
23 fiscal year, the previous appropriations made by the General
24 Assembly, the expenditures therefrom, encumbrances thereon, the
25 amount unencumbered and unexpended, an itemized estimate of the
26 revenues and expenditures of the current fiscal year, and for
27 the succeeding year, and an estimate of the revenues and amounts
28 needed for judicial and correctional SUCH functions. Such blanks <--
29 shall also request the budget respondent to accompany them with
30 a statement in writing, giving the facts, and an explanation of
19750S0935B2100 - 151 -
1 and reasons for the estimates of receipts and expenditures for
2 the succeeding year contained upon the blanks returned.
3 (b) Duty to respond.--It shall be the duty of each budget
4 respondent to comply, not later than the date specified by the
5 Administrative Office, with any and all requests made by the
6 Administrative Office in connection with the budget.
7 (c) Additional information.--The Administrative Office may,
8 under the direction of the governing authority, make further
9 inquiries and investigations as to the financial needs,
10 expenditures, estimates, or revenues, of any recipient of funds
11 appropriated to the unified judicial system or through the
12 budget of the Judicial Department to a political subdivision,
13 INCLUDING SUCH INFORMATION RELATING TO JUDICIAL AND RELATED <--
14 FUNCTIONS AS THE ADMINISTRATIVE OFFICE MAY SPECIFY.
15 § 3522. Preparation of tentative budget request.
16 (a) General rule.--The Administrative Office shall collate
17 and examine all information received pursuant to section 3521 <--
18 3521(A) (relating to development of budget information), shall <--
19 consult with the governing authority and the Budget Secretary,
20 and shall prepare and submit to the governing authority for
21 review and approval a tentative budget request for the Judicial
22 Department covering all funds appropriated to the unified
23 judicial system or through the budget of the Judicial Department
24 to a political subdivision. for the support of judicial and <--
25 correctional functions.
26 (b) Revision of information.--The tentative budget request
27 submitted by the Administrative Office may increase or decrease
28 any amount submitted pursuant to section 3521 3521(A). In such <--
29 case the amount of such increase or decrease and the reasons
30 therefor shall be specified in detail in a written report of the
19750S0935B2100 - 152 -
1 Administrative Office which shall be presented to the governing
2 authority with the tentative budget and which shall be furnished
3 to each affected budget respondent.
4 § 3523. Adoption of final budget request.
5 (a) General rule.--The governing authority shall review the
6 tentative budget request submitted by the Administrative Office
7 pursuant to section 3522 (relating to preparation of tentative
8 budget request). After giving opportunity for hearing to each
9 budget respondent whose estimate submitted pursuant to section
10 3521 3521(A) (relating to development of budget information) <--
11 would be altered by the final budget request of the Judicial
12 Department, the governing authority shall make such
13 modifications in the tentative budget request of the Judicial
14 Department as in its judgment are necessary or desirable, and
15 shall adopt a final budget request of the Judicial Department
16 for transmission to the Budget Secretary.
17 (b) Transmission to Budget Secretary.--Following adoption of
18 a final budget request by the governing authority, the
19 Administrative Office shall transmit such request to the Budget
20 Secretary within the time and in the manner required by section
21 601 of the act of April 9, 1929 (P.L.177, No.175), known as "The
22 Administrative Code of 1929."
23 § 3524. Form of Judicial Department appropriation.
24 The budget request of the Judicial Department shall be
25 prepared in a manner comparable to the request of an
26 administrative department. The appropriations as finally enacted <--
27 shall not be so detailed as to limit unreasonably the ability of
28 the governing authority to reprogram funds during a fiscal year
29 to meet unanticipated expenses or developments.
30 § 3525. List of employees to be furnished.
19750S0935B2100 - 153 -
1 (a) General rule.--The Administrative Office shall, on June
2 15 of each year, transmit to the Department of the Auditor
3 General, the Treasury Department, and the Budget Secretary a
4 complete list, as of June 1 preceding, of the names of all
5 persons, except day-laborers, entitled to receive compensation
6 directly from the Commonwealth from funds appropriated to the
7 unified judicial system. Such list shall show the position
8 occupied by each such person, the date of birth and voting
9 residence of such person, the salary at which or other basis
10 upon which such person is entitled to be paid, the date when
11 such person entered the service of the Commonwealth, whether
12 such person has been continuously employed by the Commonwealth
13 since that date and all periods of service and positions held as
14 an employee of the Commonwealth, or such part of such
15 information as the Governor may prescribe.
16 (b) Interim changes.--Each month thereafter, the
17 Administrative Office shall certify to the Department of the
18 Auditor General, the Treasury Department, and the Budget
19 Secretary any changes in the annual list of employees last
20 transmitted to them which shall have occurred during the
21 preceding month.
22 (c) Public information.--The information received by the
23 Department of the Auditor General, the Treasury Department, and
24 the Budget Secretary under this section shall be public
25 information.
26 § 3526. Release of funds.
27 (a) General rule.--Each recipient of funds appropriated to
28 the unified judicial system shall, from time to time, as
29 requested by the Administrative Office, prepare and submit to
30 the Administrative Office, for approval or disapproval by the
19750S0935B2100 - 154 -
1 governing authority, an estimate of the amount of money required
2 for each activity or function to be carried on by such recipient
3 during the ensuing month, quarter, or such other period as the
4 governing authority shall prescribe. If such estimate does not
5 meet with the approval of the governing authority, it shall be
6 revised in accordance with the directions of the governing
7 authority and resubmitted for approval.
8 (b) Observance of approved estimate.--After the approval of
9 any such estimate, it shall be unlawful for the recipient of
10 funds appropriated to the unified judicial system to expend any
11 appropriation or part thereof, except in accordance with such
12 estimate, unless the estimate is revised with the approval of
13 the governing authority.
14 (c) Penalty.--If any recipient to which subsections (a) and
15 (b) apply shall fail or refuse to submit to the Administrative
16 Office estimates of expenditures as required by this section,
17 the governing authority may order the Administrative Office to
18 withhold disbursement of any funds appropriated to the unified
19 judicial system for such recipient, and thereupon the
20 Administrative Office shall withhold disbursement of any such
21 funds until further order of the governing authority.
22 § 3527. Estimates of current expenditures by Administrative
23 Office.
24 The Administrative Office shall, from time to time, as
25 requested by the Governor, prepare and submit to the Governor
26 estimates of the amounts of money required for each activity or
27 function to be carried on by the unified judicial system during
28 the ensuing month, quarter, or such other period as the Governor
29 shall prescribe.
30 § 3528. Fiscal period.
19750S0935B2100 - 155 -
1 All books and accounts kept by the Administrative Office and
2 other personnel of the system shall be kept as of the fiscal
3 year or period established by section 608 of the act of April 9,
4 1929 (P.L.177, No.175), known as "The Administrative Code of
5 1929."
6 § 3529. Audits of affairs of unified judicial system.
7 (a) General rule.--It shall be the duty of the judicial
8 auditing agency to retain a certified public accountant to make
9 all audits of transactions after their occurrence which may be
10 necessary in connection with the administration of the financial
11 affairs of the unified judicial system or of any judicial or <--
12 correctional functions of a political subdivision funded in
13 whole or in part through the budget of the Judicial Department.
14 At least one such audit shall be made each year and special
15 audits may be made whenever they appear necessary in the
16 judgment of the judicial auditing agency.
17 (b) Governmental audits.--Where the transactions specified
18 in subsection (a) are audited by the Department of the Auditor
19 General or by an official of a political subdivision charged
20 with auditing responsibility, the judicial auditing agency shall
21 accept a report thereof in lieu of the audit required by
22 subsection (a) unless in the judgment of the judicial auditing
23 agency the circumstances warrant an additional audit by a
24 certified public accountant retained by the auditing agency.
25 (c) Scope.--Subsections (a) and (b) shall apply to fees,
26 costs, grants, moneys paid into court and all other
27 unappropriated funds handled by system and related personnel and
28 to all funds appropriated to the Judicial Department.
29 (d) Definition.--As used in this section the term "judicial
30 auditing agency" means a body established or designated by the
19750S0935B2100 - 156 -
1 governing authority as the judicial auditing agency for the
2 purposes of this section. The judicial auditing agency shall
3 include:
4 (1) A judge of the Superior Court selected by the
5 Superior Court.
6 (2) A judge of the Commonwealth Court selected by the
7 Commonwealth Court.
8 (3) The President Judge of the Court of Common Pleas of
9 Philadelphia County.
10 (4) The President Judge of the Court of Common Pleas of
11 Allegheny County.
12 § 3530. Preparation of requisitions.
13 The Administrative Office shall prepare, or cause to be
14 prepared by an officer of the interested government unit
15 designated by the Administrative Office, requisitions for moneys
16 appropriated to the unified judicial system or appropriated
17 through the budget of the Judicial Department to a political
18 subdivision, and shall present such requisitions to the Treasury
19 Department pursuant to section 1501 of the act of April 9, 1929
20 (P.L.343, No.176), known as "The Fiscal Code."
21 SUBCHAPTER C
22 COUNTY FINANCE
23 Sec.
24 3541. Judicial and correctional RELATED account. <--
25 3542. Credits to account. RECEIPTS. <--
26 3543. Debits CREDITS to account. <--
27 3544. (Reserved). DISBURSEMENTS. <--
28 3545. (Reserved). DEBITS TO ACCOUNT. <--
29 3546. Relief from liability for loss of property if expenses
30 not paid.
19750S0935B2100 - 157 -
1 § 3541. Judicial and correctional RELATED account. <--
2 The Treasurer of the City and County of Philadelphia, the
3 treasurer of each other county of this Commonwealth, and the
4 Treasurer of the City of Pittsburgh shall establish and maintain
5 on the books of their respective political subdivisions an
6 account to be known as the judicial and correctional RELATED <--
7 account. The account shall exist for accounting purposes only
8 and nothing in this part shall require the actual segregation of
9 the moneys of the account from the general funds of the
10 political subdivision.
11 § 3542. Credits to account. RECEIPTS. <--
12 (a) General rule.--There shall be paid to the respective
13 political subdivisions required by this subchapter to maintain a
14 judicial and correctional account and credited to such RELATED <--
15 account all:
16 (1) Contributions and payments by the Federal Government <--
17 for the maintenance of judicial and correctional functions of
18 the political subdivision.
19 (2) Appropriations by the General Assembly through the
20 budget of the Judicial Department or otherwise for the
21 maintenance of judicial and correctional functions of the
22 political subdivision.
23 (3) (1) Fees established under section 1725 (relating to
24 establishment of fees and charges) to which a government
25 agency is entitled and which by law have heretofore been paid
26 or credited to such political subdivision.
27 (4) (2) Costs which the political subdivision is <--
28 entitled to receive pursuant to general rules prescribed
29 under section 1726 (relating to establishment of taxable
30 costs).
19750S0935B2100 - 158 -
1 (5) (3) Fines and forfeitures as follows: <--
2 (i) All fines forfeited, recognizances and other
3 forfeitures imposed, lost or forfeited in the Pittsburgh
4 Magistrates Court or the Pittsburgh Traffic Court shall
5 be paid to the City of Pittsburgh. and credited to its <--
6 judicial and correctional account.
7 (ii) All fines forfeited, recognizances and other
8 forfeitures imposed, lost or forfeited for violation of
9 any ordinance of any political subdivision, or which
10 under 18 Pa.C.S. § 1101(b) (relating to disposition of
11 fines) or under the act of April 29, 1959 (P.L.58,
12 No.32), known as "The Vehicle Code," OR UNDER ANY OTHER <--
13 STATUTE, are to be paid to any specified political
14 subdivision, shall be paid to such political subdivision.
15 and, if such political subdivision. is required by this <--
16 subchapter to maintain a judicial and correctional
17 account, shall be credited to such account.
18 (iii) All other fines forfeited, recognizances and
19 other forfeitures imposed, lost or forfeited in the
20 courts of common pleas, community court or Philadelphia
21 Municipal Court established for a judicial district
22 embracing a county or in a magisterial district within
23 the county, shall be paid to such county. and credited to <--
24 its judicial and correctional account.
25 (6) Amounts required by statute to be paid to a
26 political subdivision for credit to its judicial and
27 correctional account.
28 (7) Amounts arising from the activities of the unified
29 judicial system or the judicial branch required by statute to
30 be paid to the political subdivision.
19750S0935B2100 - 159 -
1 (8) Income and receipts with respect to the organization
2 and operation of penal, correctional and probation facilities
3 and services maintained by the political subdivision.
4 (4) OTHER AMOUNTS REQUIRED BY STATUTE TO BE PAID TO A <--
5 POLITICAL SUBDIVISION.
6 (b) Allocation in multi-county districts.--In judicial
7 districts embracing two or more counties the fines, forfeitures,
8 fees and costs collected with respect to the court of common
9 pleas or community court of the judicial district WHICH CANNOT <--
10 BE IDENTIFIED WITH RESPECT TO A PARTICULAR COUNTY shall be paid
11 over to each county according to an allocation based on
12 population in the ratio which the population of each of the
13 several counties comprising the judicial district bears to the
14 total population of the judicial district as last officially
15 certified.
16 (c) Fines in the nature of private compensation.--The
17 provisions of subsection (a) shall not affect the disposition of
18 fines authorized by law to effect restitution, for the support
19 of legal dependents, or otherwise for purposes not augmenting
20 the public revenues.
21 § 3543. CREDITS TO ACCOUNT. <--
22 EACH POLITICAL SUBDIVISION REQUIRED BY THIS SUBCHAPTER TO
23 MAINTAIN A JUDICIAL AND RELATED ACCOUNT SHALL CREDIT TO SUCH
24 ACCOUNT:
25 (1) CONTRIBUTIONS AND PAYMENTS BY THE FEDERAL GOVERNMENT
26 FOR THE MAINTENANCE OF JUDICIAL AND RELATED FUNCTIONS OF THE
27 POLITICAL SUBDIVISIONS.
28 (2) APPROPRIATIONS BY THE GENERAL ASSEMBLY TO THE
29 POLITICAL SUBDIVISION FOR THE MAINTENANCE OF JUDICIAL AND
30 RELATED FUNCTIONS OF THE POLITICAL SUBDIVISION.
19750S0935B2100 - 160 -
1 (3) AMOUNTS RECEIVED PURSUANT TO SECTION 3542 (RELATING
2 TO RECEIPTS).
3 (4) INCOME AND RECEIPTS WITH RESPECT TO THE OPERATION OF
4 PENAL, CORRECTIONAL AND PROBATION FACILITIES AND SERVICES
5 MAINTAINED BY THE POLITICAL SUBDIVISION.
6 § 3543. Debits to account. <--
7 § 3544. DISBURSEMENTS. <--
8 (a) General rule.--There shall be paid by the respective
9 political subdivisions required by this subchapter to maintain a
10 judicial and correctional account and debited to such RELATED <--
11 account:
12 (1) Salaries, fees and expenses of system and related
13 personnel which by statute are required to be paid by the
14 political subdivision.
15 (2) Salaries, fees and expenses of jurors, witnesses and
16 all other persons paid under authority of law by the
17 political subdivision for the maintenance of judicial and
18 correctional RELATED functions. <--
19 (3) Any amounts required by statute to be paid from any <--
20 of the sources of income specified in section 3542 (relating
21 to credits to account).
22 (4) (3) Any amounts required by statute to be paid to
23 the Commonwealth from any of the sources of income specified
24 in section 3542 (relating to credits to account). RECEIPTS). <--
25 (b) Accommodations.--Expenses under this section include the <--
26 cost of leased accommodations and the fair rental value of
27 accommodations provided in facilities owned by the political
28 subdivision.
29 (c) (B) Allocation in multi-county districts.--In judicial <--
30 districts embracing two or more counties, the expenses of the
19750S0935B2100 - 161 -
1 court of common pleas and the community court of the judicial
2 district, and the salary, fees and expenses of the staff of such
3 courts, except county staff, shall be paid by each county
4 according to an allocation based on population in the ratio
5 which the population of each of the several counties comprising
6 the judicial district bears to the total population of the
7 judicial district as last officially certified.
8 § 3544. (Reserved). <--
9 § 3545. (Reserved).
10 § 3545. DEBITS TO ACCOUNT. <--
11 (A) GENERAL RULE.--EACH POLITICAL SUBDIVISION REQUIRED BY
12 THIS SUBCHAPTER TO MAINTAIN A JUDICIAL AND RELATED ACCOUNT SHALL
13 DEBIT TO SUCH ACCOUNT:
14 (1) AMOUNTS PAID PURSUANT TO SECTION 3544 (RELATING TO
15 DISBURSEMENTS).
16 (2) ANY AMOUNTS REQUIRED BY STATUTE TO BE PAID FROM ANY
17 OF THE SOURCES OF INCOME SPECIFIED IN SECTION 3543 (RELATING
18 TO CREDITS TO ACCOUNT).
19 (B) ACCOMMODATIONS.--EXPENSES UNDER THIS SECTION INCLUDE THE
20 COSTS OF LEASED ACCOMMODATIONS AND THE FAIR RENTAL VALUE OF
21 ACCOMMODATIONS PROVIDED IN FACILITIES OWNED BY THE POLITICAL
22 SUBDIVISION.
23 § 3546. Relief from liability for loss of property if expenses
24 not paid.
25 Any officer enforcing orders of a tribunal shall be relieved
26 from any liability for the loss, destruction, removal of or
27 damage to any personal property, or for any injury to any real
28 property, levied upon, seized or taken into possession by virtue
29 of any process if the person lodging such process with him shall
30 refuse to advance or secure upon demand the reasonable fees and
19750S0935B2100 - 162 -
1 expenses incident to the seizure, safe keeping and proper
2 protection of such property.
3 SUBCHAPTER D
4 MONEY PAID INTO COURT
5 Sec.
6 3561. Money paid into court.
7 § 3561. Money paid into court.
8 All money paid into court shall be held in the custody of
9 such officer, shall be invested in such manner, and shall be
10 withdrawn from deposit, as shall be provided by general rules.
11 CHAPTER 37
12 FACILITIES AND SUPPLIES
13 Subchapter
14 A. Statewide Facilities and Services
15 B. District and County Facilities and Services
16 SUBCHAPTER A
17 STATEWIDE FACILITIES AND SERVICES
18 Sec.
19 3701. Pennsylvania Judicial Center (RESERVED). <--
20 3702. General facilities and services furnished by
21 Administrative Office.
22 3703. Local chamber facilities.
23 3704. Local facilities for holding sessions of Statewide
24 courts.
25 § 3701. Pennsylvania Judicial Center (RESERVED). <--
26 (a) General rule.--There may be maintained by the <--
27 Administrative Office acting through the Department of General
28 Services at such location within this Commonwealth as may be
29 specified by the Supreme Court, a facility known as the
30 Pennsylvania Judicial Center. The facility may provide
19750S0935B2100 - 163 -
1 accommodations and supporting central facilities and services
2 for the following functions, agencies and units of or related to
3 the unified judicial system:
4 (1) One or more court rooms for the holding of sessions
5 of the appellate courts of this Commonwealth including
6 related conference facilities.
7 (2) Chamber facilities for justices of the Supreme Court
8 and their personal staffs.
9 (3) Chamber facilities for those judges of the Superior
10 and Commonwealth Courts who regularly sit at the location of
11 the facility and their personal staffs.
12 (4) Any staff of the any Statewide council.
13 (5) The Administrative Office of Pennsylvania Courts.
14 (6) A law library.
15 (7) The administrative staffs of the appellate courts of
16 this Commonwealth.
17 (8) The office of the Judicial Inquiry and Review Board.
18 (9) The office of the Minor Judiciary Education Board.
19 (10) The office of the agency vested with the power to
20 admit persons to the bar and the practice of law.
21 (11) The office of the agency vested with the power to
22 discipline or remove from office attorneys-at-law.
23 (12) The offices of related organizations (except the
24 recognized conference or association of members of the bar of
25 the Supreme Court) recognized pursuant to section 1728
26 (relating to recognition of related organizations).
27 (13) Such other functions, agencies and units of the
28 system as may be designated by the governing authority.
29 (b) New construction limited.--No funds appropriated to the
30 Judicial Department or to any other government unit from the
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1 General Fund and no proceeds of indebtedness incurred shall be
2 used for the construction of any building to provide
3 accommodations for the Pennsylvania Judicial Center unless the
4 appropriation act containing such funds or a capital budget act
5 shall expressly mention the Pennsylvania Judicial Center and the
6 proposed location of the building and shall expressly state that
7 funds are appropriated for, or that indebtedness may be incurred
8 for, such purpose. Nothing in this subsection shall prohibit the
9 use of funds for the rental of accommodations for the
10 Pennsylvania Judicial Center.
11 § 3702. General facilities and services furnished by
12 Administrative Office.
13 The Administrative Office, either directly or where
14 appropriate IN THE CASE OF EQUIPMENT, MATERIALS AND SUPPLIES, <--
15 through the Department of General Services, shall furnish all
16 personnel of the system entitled thereto with all necessary
17 accommodations, goods and services which are not furnished by
18 another government unit. NOTHING IN THIS SECTION SHALL BE <--
19 CONSTRUED TO SHIFT THE LIABILITY FOR FURNISHING ANY
20 ACCOMMODATIONS, GOODS AND SERVICES TO THE COMMONWEALTH AND WHERE
21 IT IS NECESSARY FOR THE ADMINISTRATIVE OFFICE TO FURNISH ANY
22 ACCOMMODATIONS, GOODS OR SERVICES FOR WHICH THE COMMONWEALTH IS
23 NOT LIABLE THE COST THEREOF SHALL BE PAID BY THE DEFAULTING
24 GOVERNMENT UNIT.
25 § 3703. Local chamber facilities.
26 (a) General rule.--Each county shall furnish for each judge
27 of the appellate courts of this Commonwealth who resides therein
28 chamber facilities in conformity with general rules for such
29 judge and his personal staff:
30 (1) in the county judicial center of such county; or
19750S0935B2100 - 165 -
1 (2) if no such accommodations are available in the
2 county judicial center, like accommodations in such building
3 as may be selected by the county with the approval of the
4 judge concerned.
5 (b) Exception.--Subsection (a) shall not apply to any county
6 in which the Pennsylvania Judicial Center may be located.
7 § 3704. Local facilities for holding sessions of Statewide
8 courts.
9 (a) General rule.--The City and County of Philadelphia and
10 the County of Allegheny shall furnish the personnel of the
11 appellate courts of this Commonwealth with such accommodations
12 and facilities as may be required by order of the governing
13 authority.
14 (b) Exception.--Subsection (a) shall not apply to any county
15 in which the Pennsylvania Judicial Center may be located.
16 SUBCHAPTER B
17 DISTRICT AND COUNTY FACILITIES AND SERVICES
18 Sec.
19 3721. County judicial center.
20 3722. General facilities and services furnished by county.
21 3723. Other facilities and services furnished by Administrative
22 Office.
23 3724. County law libraries.
24 3725. Standards of local facilities and services.
25 3726. Manner of expenditure of local funds.
26 § 3721. County judicial center.
27 (a) General rule.--There shall be maintained at the county
28 seat of each county a facility known as the county judicial
29 center. The facility shall provide accommodations and supporting
30 facilities and services for the following functions, agencies
19750S0935B2100 - 166 -
1 and units of or related to the unified judicial system in
2 conformity with general rules:
3 (1) One or more courtrooms for the holding of sessions
4 of the court of common pleas of the district, including
5 related conference and other facilities.
6 (2) Chamber facilities for judges of the court of common
7 pleas and their personal staff.
8 (3) The office of the clerk of the court of common pleas
9 of the district and the administrative staff of the court,
10 including the offices of the prothonotary, clerk of the
11 courts and clerk of the orphans' court division.
12 (4) The district court administrator.
13 (5) The county law library.
14 (6) The offices of jury commissioners, register of
15 wills, sheriff, district attorney and public defender.
16 (7) The offices of the bar association of the county.
17 (8) In the City and County of Philadelphia, courtrooms,
18 related conference and other facilities and chamber
19 facilities for the minor judiciary.
20 (9) Such other functions, agencies and units of or
21 related to the unified judicial system as may be designated
22 by the governing authority.
23 (b) Multisite locations.--The facilities of the county
24 judicial center may be located either at a common site or at
25 multiple sites, as required by local circumstances and
26 conditions.
27 § 3722. General facilities and services furnished by county.
28 Except as otherwise provided by statute, each county shall
29 continue to furnish to the court of common pleas and community
30 court embracing the county, to the minor judiciary established
19750S0935B2100 - 167 -
1 for the county and to all personnel of the system, including
2 central staff entitled thereto, located within the county, all
3 necessary accommodations, goods and services which by law have
4 heretofore been furnished by the county.
5 § 3723. Other facilities and services furnished by
6 Administrative Office.
7 The Administrative Office, either directly or where
8 appropriate IN THE CASE OF EQUIPMENT, MATERIALS AND SUPPLIES, <--
9 through the Department of General Services, shall furnish all
10 personnel of the system entitled thereto located within a
11 county, with all necessary accommodations, goods and services
12 which are not by section 3722 (relating to general facilities
13 and services furnished by county) or any other provision of
14 statute required to be OR WHICH HAVE HERETOFORE BEEN furnished <--
15 by another government unit.
16 § 3724. County law libraries.
17 (a) General rule.--County law libraries, including libraries <--
18 maintained by bar associations or independent library
19 corporations, or both, shall receive from the county such
20 necessary funds, accommodations, goods and services, as shall be
21 specified by general rules or orders adopted by the governing
22 authority after consideration of the recommendations from time
23 to time of the State Law Library. ANY SUCH GENERAL RULES OR <--
24 ORDERS SHALL TAKE EFFECT ONLY IN THE MANNER PROVIDED BY SECTION
25 503(B) (RELATING TO PROCEDURE). All such county law libraries
26 shall be operated in conformity with general rules or rules of
27 the court of common pleas of the judicial district embracing the
28 county AND SHALL BE OPEN TO THE GENERAL PUBLIC. <--
29 (b) Judicial Department supplementary funding.--The <--
30 governing authority may make grants for the support of county
19750S0935B2100 - 168 -
1 law libraries from funds appropriated to the unified judicial
2 system.
3 § 3725. Standards of local facilities and services.
4 All accommodations, goods and services furnished to personnel
5 of the system by a county or any other government agency shall
6 be furnished in conformity with general rules.
7 § 3726. Manner of expenditure of local funds.
8 Notwithstanding any other provision of this title, unless and
9 until otherwise provided by statute hereafter enacted or by <--
10 express order of the Supreme Court pursuant to and subject to
11 the limitations of constitutional authority, the manner of the
12 expenditure of moneys credited to the judicial and correctional <--
13 RELATED account of a political subdivision, including moneys <--
14 appropriated through the budget of the Judicial Department to a
15 political subdivision, shall be within the control of officers
16 of the political subdivision and the courts established for or
17 embracing such political subdivision.
18 PART V
19 ADMINISTRATION OF JUSTICE GENERALLY
20 Chapter
21 41. Administration of Justice
22 43. Dockets, Indices and Other Records
23 45. Juries and Jurors
24 CHAPTER 41
25 ADMINISTRATION OF JUSTICE
26 Subchapter
27 A. General Provisions
28 B. Temporary Assignment of Judges and District Justices
29 C. Contempt of Court
30 SUBCHAPTER A
19750S0935B2100 - 169 -
1 GENERAL PROVISIONS
2 Sec.
3 4101. Coordination of activities.
4 4102. Cooperative duties. <--
5 § 4101. Coordination of activities.
6 The several courts and district justices, all other system
7 and related personnel, executive agencies and political
8 subdivisions shall devise a practical and working basis for
9 cooperation and coordination of activities, facilitating the
10 performance of their respective duties and eliminating
11 duplicating and overlapping of functions, and shall, so far as
12 practical, cooperate with each other in the use of employees,
13 land, buildings, quarters, facilities, services and equipment.
14 Any agency or unit of the unified judicial system may empower or
15 require an employee of any other government unit, subject to the
16 consent of such other government unit, to perform any duty which
17 might be required by such agency or unit of the system of its
18 own employees, and any other government unit may empower or
19 require an employee of any agency or unit of the system, subject
20 to the consent of such agency or unit of the system, to perform
21 any duty which might be required by such other government unit
22 of its own employees.
23 § 4102. Cooperative duties. <--
24 (a) General rule.--Whenever in this title power is vested in
25 any agency or unit of the unified judicial system, or in any
26 other government unit, to inspect, examine, secure data or
27 information, or to procure assistance from any other government
28 unit, a duty is hereby imposed upon the government unit upon
29 which demand is made, to render such power effective.
30 (b) Exception.--The provisions of subsection (a) shall not
19750S0935B2100 - 170 -
1 be construed to supersede any law which renders confidential any
2 class of data or information relating to juvenile, adoption,
3 domestic relations or other matters.
4 SUBCHAPTER B
5 TEMPORARY ASSIGNMENT OF JUDGES AND DISTRICT JUSTICES
6 Sec.
7 4121. Assignment of judges.
8 4122. Assignment of district justices.
9 4123. Assignment procedure.
10 § 4121. Assignment of judges.
11 (a) General rule.--Subject to general rules any judge may be
12 temporarily assigned to another court and may there hear and
13 determine any matter with like effect as if duly commissioned to
14 sit in such other court.
15 (b) Senior judges.--(Reserved)
16 (c) Exception.--Only a judge who is a member of the bar of
17 the Supreme Court shall be temporarily assigned to a court to
18 which only members of the bar of the Supreme Court may be
19 appointed or elected pursuant to section 3101 (relating to
20 qualifications of judicial officers generally). A judge of the
21 Pittsburgh Magistrates Court or the Traffic Court of
22 Philadelphia may be temporarily assigned to a magisterial
23 district with the same effect as an assignment pursuant to
24 section 4122 (relating to assignment of district justices).
25 § 4122. Assignment of district justices.
26 Subject to general rules any district justice may be
27 temporarily assigned to any other magisterial district or the
28 Pittsburgh Magistrates Court or the Traffic Court of
29 Philadelphia, and may there hear and determine any matter with
30 like effect as if duly commissioned to sit in such other
19750S0935B2100 - 171 -
1 district or in such court.
2 § 4123. Assignment procedure.
3 The procedure for effecting temporary assignments of judges
4 and district justices, the kind, amount and method of payment
5 for travel, lodgings and subsistence, and all other matters
6 related to such temporary assignments, shall be governed by
7 general rules.
8 SUBCHAPTER C
9 CONTEMPT OF COURT
10 Sec.
11 4131. Classification of penal contempts.
12 4132. Punishment for contempt.
13 4133. Imprisonment for failure to pay fine.
14 4134. Publication out of court.
15 4135. Criminal contempt.
16 § 4131. Classification of penal contempts.
17 The power of the several courts of this Commonwealth to issue
18 attachments and to inflict summary punishments for contempts of
19 court shall be restricted to the following cases:
20 (1) The official misconduct of the officers of such
21 courts respectively.
22 (2) Disobedience or neglect by officers, parties, jurors
23 or witnesses of or to the lawful process of the court.
24 (3) The misbehavior of any person in the presence of the
25 court, thereby obstructing the administration of justice.
26 § 4132. Punishment for contempt.
27 The punishment of imprisonment for contempt as provided in
28 section 4131 (relating to classification of penal contempts)
29 shall extend only to such contempts as shall be committed in
30 open court, and all other contempts shall be punished by fine
19750S0935B2100 - 172 -
1 only.
2 § 4133. Imprisonment for failure to pay fine.
3 The court may order the sheriff or other proper officer of
4 any county to take into custody and commit to jail any person
5 fined for a contempt, until such fine shall be paid or
6 discharged. If such person shall be unable to pay such fine, he
7 may be committed to prison by the court for not exceeding three
8 months.
9 § 4134. Publication out of court.
10 (a) General rule.--No publication out of court respecting
11 the conduct of judges, district justices, other system or
12 related personnel, jurors or participants in connection with any
13 matter pending before any tribunal shall be construed as a
14 contempt of court on the part of the author, publisher or other
15 person connected with such publication.
16 (b) Civil and criminal liability not affected.--If any
17 publication specified in subsection (a) shall improperly tend to
18 bias the minds of the public, or of the tribunal, other system
19 or related personnel, jurors or participants in connection with
20 any matter pending before any tribunal, any person who may be
21 aggrieved thereby may proceed against the persons responsible
22 for the publication by appropriate civil or criminal action or
23 proceeding as in other cases of wrongful publication.
24 § 4135. Criminal contempt.
25 (a) General rule.--In all cases where a person shall be
26 charged with indirect criminal contempt for violation of a
27 restraining order or injunction issued by a court or judge, the
28 accused shall enjoy:
29 (1) The rights as to admission to bail that are accorded
30 to persons accused of crime.
19750S0935B2100 - 173 -
1 (2) The right to be notified of the accusation and a
2 reasonable time to make a defense, provided the alleged
3 contempt is not committed in the immediate view or presence
4 of the court.
5 (3) (i) Upon demand, the right to a speedy and public
6 trial by an impartial jury of the judicial district
7 wherein the contempt shall have been committed.
8 (ii) The requirement of subparagraph (i) shall not
9 be construed to apply to contempts committed in the
10 presence of the court or so near thereto as to interfere
11 directly with the administration of justice, or to apply
12 to the misbehavior, misconduct, or disobedience of any
13 officer of the court in respect to the writs, orders, or
14 process of the court.
15 (4) The right to file with the court a demand for the
16 retirement of the judge sitting in the proceeding, if the
17 contempt arises from an attack upon the character or conduct
18 of such judge, and if the attack occurred otherwise than in
19 open court. Upon the filing of any such demand, the judge
20 shall thereupon proceed no further but another judge shall be
21 designated by the court. The demand shall be filed prior to
22 the hearing in the contempt proceeding.
23 (b) Punishment.--Punishment for a contempt specified in
24 subsection (a) may be by fine not exceeding $100 or by
25 imprisonment not exceeding 15 days in the jail of the county
26 where the court is sitting, or both, in the discretion of the
27 court. Where a person is committed to jail for the nonpayment of
28 such a fine, he shall be discharged at the expiration of 15
29 days, but where he is also committed for a definite time, the 15
30 days shall be computed from the expiration of the definite time.
19750S0935B2100 - 174 -
1 CHAPTER 43
2 DOCKETS, INDICES AND OTHER RECORDS
3 Subchapter
4 A. Establishment, Maintenance and Effect of Judicial
5 Records
6 B. Disposition of Obsolete Records
7 SUBCHAPTER A
8 ESTABLISHMENT, MAINTENANCE AND EFFECT OF JUDICIAL RECORDS
9 Sec.
10 4301. Establishment and maintenance of judicial records.
11 4302. Effect of records as notice.
12 4303. Effect of judgment as lien.
13 4304. Notice of Federal pending actions (Reserved).
14 4305. Federal judgments.
15 4306. Enforcement of foreign judgments.
16 § 4301. Establishment and maintenance of judicial records.
17 (a) General rule.--All system and related personnel shall
18 establish and maintain such records as shall be required by law.
19 (b) Supervision by Administrative Office.--All system and
20 related personnel engaged in clerical functions shall establish
21 and maintain all dockets, indices and other records and make and
22 file such entries and reports, at such times, in such manner and
23 pursuant to such procedures and standards as may be prescribed
24 by the Administrative Office of Pennsylvania Courts with the
25 approval of the governing authority. All such procedures and
26 standards shall be uniform to the maximum extent practicable so
27 as to facilitate the temporary assignment of personnel of the
28 system, other than county staff, within the unified judicial
29 system.
30 § 4302. Effect of records as notice.
19750S0935B2100 - 175 -
1 (a) Real property.--Except as otherwise provided by law,
2 every document affecting title to or any other interest in real
3 property situated in any county which is filed in the office of
4 the clerk of the court of common pleas of the county, or in the
5 office of the clerk of the branch of the court of common pleas
6 embracing such county in the manner required by the laws,
7 procedures or standards in effect at the date of such filing
8 shall be constructive notice to all persons of the filing and
9 full contents of such document.
10 (b) Other documents.--Documents relating to the pendency of
11 a matter before any court and any other documents filed in the <--
12 office of the clerk of any court or other office within or
13 related to and serving the unified judicial system shall be
14 constructive notice to such persons, of such information and for
15 such duration as may be provided or prescribed by law. STATUTE <--
16 OR BY GENERAL RULE ADOPTED PURSUANT TO SECTION 1722(B) (RELATING
17 TO ENFORCEMENT AND EFFECT OF ORDERS AND PROCESS).
18 § 4303. Effect of judgment as lien.
19 (a) General rule.--Any judgment or other order of a court of
20 common pleas for the payment of money shall be a lien upon real
21 property situated in a county on the conditions, to the extent
22 and with the priority provided or prescribed by law STATUTE OR <--
23 BY GENERAL RULE ADOPTED PURSUANT TO SECTION 1722(B) when it is
24 entered of record in the office of the clerk of the court of
25 common pleas of the county, or in the office of the clerk of the
26 branch of the court of common pleas embracing such county. Any
27 other order of a court of common pleas shall be a lien upon real
28 and personal property situated within any county embraced within
29 the judicial district on the conditions, to the extent and with
30 the priority provided or prescribed by law. STATUTE OR GENERAL <--
19750S0935B2100 - 176 -
1 RULE ADOPTED PURSUANT TO SECTION 1722(B) (RELATING TO
2 ENFORCEMENT AND EFFECT OF ORDERS AND PROCESS).
3 (b) Transfer of domestic judgments.--An order of any court
4 of this Commonwealth which is a lien on property situated within
5 any county of this Commonwealth pursuant to subsection (a) shall
6 be a lien upon property situated within any other county to the
7 same extent as if resulting from an order of the court of common
8 pleas of such other county upon compliance with such transfer
9 and filing procedures as may be prescribed by general rule.
10 § 4304. Notice of Federal pending actions. (Reserved)
11 § 4305. Federal judgments.
12 (a) General rule.--Except as provided in subsection (b) <--
13 every EVERY judgment of a United States district court within <--
14 this Commonwealth shall, as provided by 28 United States Code §
15 1962 (relating to lien) be a lien on the property located within
16 this Commonwealth in the same manner, to the same extent and
17 under the same conditions as a judgment of a court of common
18 pleas of this Commonwealth and shall cease to be a lien in the
19 same manner and time.
20 (b) Exception.--The judgment of a United States district <--
21 court shall be a lien upon property located within any county of
22 this Commonwealth embraced within the district for which such
23 court is established without further recording, filing or
24 docketing in any public office of this Commonwealth.
25 (c) (B) Authorization for filing of Federal judgments <--
26 entered in other districts.--Any judgment of a United States
27 district court established for a district embracing counties of
28 this Commonwealth other than the county in which the property is
29 located may be registered, recorded, filed, docketed, indexed or
30 otherwise conformed to the rules and requirements relating to
19750S0935B2100 - 177 -
1 judgments of the courts of common pleas.
2 § 4306. Enforcement of foreign judgments.
3 (a) Short title of section.--This section shall be known and
4 may be cited as the "Uniform Enforcement of Foreign Judgments
5 Act."
6 (b) Filing and status of foreign judgments.--A copy of any
7 foreign judgment including the docket entries incidental thereto
8 authenticated in accordance with act of Congress or this title
9 may be filed in the office of the clerk of any court of common
10 pleas of this Commonwealth. The clerk shall treat the foreign
11 judgment in the same manner as a judgment of any court of common
12 pleas of this Commonwealth. A judgment so filed shall be a lien
13 as of the date of filing and shall have the same effect and be
14 subject to the same procedures, defenses and proceedings for
15 reopening, vacating, or staying as a judgment of any court of
16 common pleas of this Commonwealth and may be enforced or
17 satisfied in like manner.
18 (c) Notice of filing.--
19 (1) At the time of the filing of the foreign judgment,
20 the judgment creditor or his attorney shall make and file
21 with the office of the clerk of the court of common pleas an
22 affidavit setting forth the name and last known post office
23 address of the judgment debtor, and the judgment creditor. In
24 addition, such affidavit shall include a statement that the
25 foreign judgment is valid, enforceable and unsatisfied.
26 (2) Promptly upon the filing of the foreign judgment and
27 the affidavit, the clerk shall mail notice of the filing of
28 the foreign judgment to the judgment debtor at the address
29 given and shall make a note of the mailing in the docket. The
30 notice shall include the name and post office address of the
19750S0935B2100 - 178 -
1 judgment creditor and the attorney for the judgment creditor,
2 if any, in this Commonwealth. In addition, the judgment
3 creditor may mail a notice of the filing of the judgment to
4 the judgment debtor and may file proof of mailing with the
5 clerk. Lack of mailing notice of filing by the clerk shall
6 not affect the enforcement proceedings if proof of mailing by
7 the judgment creditor has been filed.
8 (d) Stay.--
9 (1) If the judgment debtor shows the court of common
10 pleas that an appeal from the foreign judgment is pending or
11 will be taken, or that a stay of execution has been granted,
12 the court shall stay enforcement of the foreign judgment
13 until the appeal is concluded, the time for appeal expires,
14 or the stay of execution expires or is vacated, upon proof
15 that the judgment debtor has furnished the security for the
16 satisfaction of the judgment required by the State in which
17 it was rendered.
18 (2) If the judgment debtor shows the court of common
19 pleas any ground upon which enforcement of a judgment of any
20 court of common pleas of this Commonwealth would be stayed,
21 the court shall stay enforcement of the foreign judgment for
22 an appropriate period, upon requiring the same security for
23 satisfaction of the judgment which is required in this
24 Commonwealth.
25 (e) Optional procedure.--The right of a judgment creditor to
26 bring an action to enforce his judgment instead of proceeding
27 under this section remains unimpaired.
28 (f) Definition.--As used in this section "foreign judgment"
29 means any judgment, decree, or order of a court of the United
30 States or of any other court requiring the payment of money
19750S0935B2100 - 179 -
1 which is entitled to full faith and credit in this Commonwealth.
2 SUBCHAPTER B
3 DISPOSITION OF OBSOLETE RECORDS
4 Sec.
5 4321. Record retention schedules.
6 4322. Destruction and disposition of obsolete records.
7 4323. Form of permanent recordation.
8 4324. Copies of destroyed records.
9 4325. Duplicate permanent records.
10 4326. Original records meriting special care.
11 4327. Transfer of custody to local museum upon application.
12 § 4321. Record retention schedules.
13 (a) General rule.--The governing authority, after
14 consultation with the County Records Committee, shall by general
15 rule prescribe schedules setting forth the conditions under
16 which the records provided for in Subchapter A (relating to
17 establishment, maintenance and effect of judicial records) may
18 be disposed of, either with or without the establishment of a
19 permanent copy thereof.
20 (b) Requirements for schedules.--Such schedules shall
21 distinguish clearly between records of temporary value and
22 records of permanent value, and no schedule shall be prescribed
23 or revised which will permit the destruction of records of
24 permanent value unless a permanent copy thereof is required to
25 be maintained as provided in this subchapter. Such schedules in
26 so far as they affect the records maintained by related staff,
27 shall be consistent with the schedules prescribed by the County
28 Records Committee.
29 § 4322. Destruction and disposition of obsolete records.
30 (a) General rule.--Any person required to maintain records
19750S0935B2100 - 180 -
1 pursuant to Subchapter A (relating to establishment, maintenance
2 and effect of judicial records) may destroy such records in
3 conformity with this subchapter and the general rules prescribed
4 hereunder. No such person shall be held liable on his official
5 bond, or in the way of damages for loss, or in any other manner,
6 civil or criminal, because of the destruction of records as
7 authorized pursuant to this subchapter.
8 (b) Historical documents.--Any original records which are of
9 historical value as may be determined by the City Archivist in
10 the case of City and County of Philadelphia, or by the
11 Pennsylvania Historical and Museum Commission, in the case of
12 any other county, shall be transferred to the Pennsylvania
13 Historical and Museum Commission or to such other depositories
14 as may be designated by the commission.
15 § 4323. Form of permanent recordation.
16 Records which are classified as records of permanent value
17 shall, prior to destruction or other removal from the office of
18 the person having custody thereof, be processed in conformity
19 with general rules so that they may be reproduced by any
20 photostatic, photographic, microphotographic, microfilm, video
21 tape, magnetic tape, or other mechanical process which produces
22 a clear, accurate and permanent copy, microcopy or reproduction
23 of the original, in accordance with standards not less than
24 those approved for permanent records by the National Bureau of
25 Standards.
26 § 4324. Copies of destroyed records.
27 The photostatic, photographic, microphotographic, microfilmed
28 or otherwise reproduced copy of any record destroyed or disposed
29 of as authorized pursuant to this subchapter, or a certified
30 copy thereof, shall be admissible in evidence in any matter, and
19750S0935B2100 - 181 -
1 shall have the same force and effect as though the original
2 record had been produced and proved. It shall be the duty of the
3 person who would have had custody of the original record, had it
4 not been destroyed pursuant to law, to prepare enlarged, typed
5 or photographic copies of such reproduced records whenever their
6 production is required.
7 § 4325. Duplicate permanent records.
8 In order to provide insurance for the more actively used
9 working copies against damage or loss through wear or disaster,
10 duplicate copies of all permanent records designated by the
11 Administrative Office shall be maintained at such locations as
12 shall be approved by the Administrative Office. Such
13 designations in so far as they relate to the records maintained
14 by related staff, shall be subject to the approval of the County
15 Records Committee.
16 § 4326. Original records meriting special care.
17 If, in the opinion of the person having custody of an
18 original record, such original possesses sufficient value that
19 it merits special care, he shall make a permanent copy of the
20 record, which shall be officially certified and placed on file
21 in lieu of the original record, and, with the approval of the
22 Administrative Office, he shall transfer the original to the
23 custody of such officer as shall be designated by the
24 Administrative Office for permanent preservation.
25 § 4327. Transfer of custody to local museum upon application.
26 (a) General rule.--Any nonprofit public, quasi-public, or
27 private association or corporation situated within the county
28 where the historical documents are filed, which maintains a
29 museum, building or facilities used for the exhibit of
30 historical writings, and which shall have adequate facilities
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1 for the display and preservation of such documents, may petition
2 the court of common pleas of the judicial district embracing the
3 county wherein such document or documents are filed for the
4 transfer of the custody of such documents for the purpose of
5 their public display. Upon the filing of any petition, the court
6 shall fix a time for a hearing, and prescribe such notice to be
7 given as shall acquaint similar organizations with the filing of
8 the petition. Any other association or corporation meeting the
9 requirements of this subsection may intervene in the proceedings
10 with the same effect as if it had been the original petitioner,
11 and the court, after hearing, may award custody of any
12 historical document or documents to any of the petitioners for
13 such term and upon such conditions as the court shall prescribe.
14 (b) Permanent copy substituted for original.--Upon the
15 granting of a petition transferring custody of any historical
16 documents, the officer from whose custody it was removed shall
17 substitute in his files a certified permanent copy of such
18 document, which shall be of the same force and effect as the
19 original document.
20 (c) Petition for return of document.--The appropriate county
21 officer may at any time, without cause, petition the court for
22 the return of any historical document, the custody of which had
23 been previously transferred to any person pursuant to subsection
24 (a).
25 (d) Order for return on motion of court.--The court, after
26 having taken jurisdiction of the transfer of any historical
27 document, may, without cause, and upon its own motion, order the
28 person having such temporary custody to return such document to
29 the appropriate office wherein it had been originally filed.
30 (e) Definition.--As used in this section "historical
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1 document" means any document formerly belonging to a decedent or
2 any other person, which document is more than 50 years old and
3 which is in the custody of a register of wills, the recorder of
4 deeds, the clerk of any court or the prothonotary, except
5 documents relating to adoption, divorce or custody.
6 CHAPTER 45
7 JURIES AND JURORS
8 (Reserved)
9 PART VI
10 ACTIONS, [AND] PROCEEDINGS AND OTHER MATTERS GENERALLY
11 Chapter
12 51. Preliminary Provisions
13 53. Bases of Jurisdiction and Interstate and International
14 Procedure
15 55. Limitation of Time
16 57. Bonds and Recognizances
17 59. Depositions and Witnesses
18 61. Rules of Evidence
19 63. Juvenile Matters
20 65. Habeas Corpus
21 67. Support Proceedings
22 CHAPTER 51
23 PRELIMINARY PROVISIONS
24 Sec.
25 5101. Remedy to exist for legal injury.
26 5102. Place and form of filing applications for relief.
27 5103. Transfer of erroneously filed matters.
28 5104. Trial by jury.
29 5105. Right to appellate review.
30 5106. Change of venue.
19750S0935B2100 - 184 -
1 § 5101. Remedy to exist for legal injury.
2 (a) General rule.--Every person for a legal injury done him
3 in his lands, goods, person, or reputation shall have remedy by
4 due course of law, and right and justice administered without
5 sale, denial or delay.
6 (b) No waiver of sovereign immunity.--The provisions of
7 subsection (a) shall not be construed as a waiver by the
8 Commonwealth of immunity to suit.
9 § 5102. Place and form of filing applications for relief.
10 Applications for relief to any court under section 5101
11 (relating to remedy to exist for legal injury) or under any
12 other provision of law, or documents relating to a matter before
13 a district justice, shall be filed in such office and in such
14 form as may be prescribed by general rule or rule of court.
15 § 5103. Transfer of erroneously filed matters.
16 (a) General rule.--If an appeal or other matter is taken to
17 or brought in a court or magisterial district which does not
18 have jurisdiction of the appeal or other matter, the court or
19 district justice shall not quash such appeal or dismiss the
20 matter, but shall transfer the record thereof to the proper
21 court or magisterial district of this Commonwealth, where the
22 appeal or other matter shall be treated as if originally filed
23 in the transferee court or magisterial district on the date
24 first filed in a court or magisterial district.
25 (b) Federal cases.--Subsection (a) shall also apply to any
26 matter transferred or remanded by any United States district
27 court for a district embracing any part of this Commonwealth.
28 (c) Interdivisional transfers.--If an appeal or other matter
29 is taken to, brought in, or transferred to a division of a court
30 to which such matter is not allocated by law, the court shall
19750S0935B2100 - 185 -
1 not quash such appeal or dismiss the matter, but shall transfer
2 the record thereof to the proper division of the court, where
3 the appeal or other matter shall be treated as if originally
4 filed in the transferee division on the date first filed in a
5 court or magisterial district.
6 § 5104. Trial by jury.
7 (a) General rule.--Trial by jury shall be as heretofore, and
8 the right thereof shall remain inviolate. Trial by jury may be
9 waived in the manner prescribed by general rules.
10 (b) Civil verdicts.--In any civil case a verdict rendered by
11 at least five-sixths of the jury shall be the verdict of the
12 jury and shall have the same effect as a unanimous verdict of
13 the jury.
14 § 5105. Right to appellate review.
15 (a) General rule.--There is a right of appeal under this
16 subsection from the final order (including an order defined as a
17 final order by general rule) of every:
18 (1) Court or district justice of this Commonwealth to
19 the court having jurisdiction of such appeals.
20 (2) Government unit which is an administrative agency
21 within the meaning of section 9 of Article V of the
22 Constitution of Pennsylvania to the court having jurisdiction
23 of such appeals. An order is appealable under this paragraph
24 notwithstanding the fact that it is not appealable under the
25 act of June 4, 1945 (P.L.1388, No.442), known as the
26 "Administrative Agency Law," or the act of December 2, 1968
27 (P.L.1133, No.353), known as the "Local Agency Law."
28 (b) Successive appeals.--Except as otherwise provided in
29 this subsection, the rights conferred by subsection (a) are
30 cumulative, so that a litigant may as a matter of right cause a
19750S0935B2100 - 186 -
1 final order of any tribunal in any matter which itself
2 constitutes an appeal to such tribunal, to be further reviewed
3 by the court having jurisdiction of appeals from such tribunal.
4 Except as provided in section 723 (relating to appeals from the
5 Commonwealth Court) there shall be no right of appeal from the
6 Superior Court or the Commonwealth Court to the Supreme Court
7 under this section or otherwise.
8 (c) Interlocutory appeals.--There shall be a right of appeal
9 from such interlocutory orders of tribunals and other government
10 units as may be specified by law. The governing authority shall
11 be responsible for a continuous review of the operation of
12 section 702(b) (relating to interlocutory appeals by permission)
13 and shall from time to time establish by general rule rights to
14 appeal from such classes of interlocutory orders, if any, from
15 which appeals are regularly allowed pursuant to section 702(b).
16 (d) Scope of appeal.--
17 (1) Except as otherwise provided in this subsection an
18 appeal under this section shall extend to the whole record,
19 with like effect as upon an appeal from a judgment entered
20 upon the verdict of a jury in an action at law and the scope
21 of review of the order shall not be limited as on broad or
22 narrow certiorari.
23 (2) An order which is appealable by reason of subsection
24 (a)(2), but which would not be appealable under the act of
25 June 4, 1945 (P.L.1388, No.442), known as the "Administrative
26 Agency Law," or the act of December 2, 1968 (P.L.1133,
27 No.353), known as the "Local Agency Law," or under any other
28 corresponding provision of law, shall not be reversed or
29 modified on appeal unless the appellant would be entitled to
30 equivalent relief upon an action in the nature of equity,
19750S0935B2100 - 187 -
1 replevin, mandamus or quo warranto or upon a petition for
2 declaratory judgment or for a writ of certiorari or
3 prohibition or otherwise objecting to such order.
4 (3) Nothing in this subsection shall supersede any
5 general rule or rule of court or any unsuspended statute
6 authorizing or requiring an appellate court to receive
7 additional evidence or to hear the appeal de novo.
8 (4) Except as otherwise provided by general rule, an
9 appeal from a final order of the minor judiciary shall be de
10 novo under procedures established by general rule.
11 (e) Supersedeas.--An appeal shall operate as a supersedeas
12 to the extent and upon the conditions provided or prescribed by
13 law.
14 § 5106. Change of venue.
15 The power to change the venue in civil and criminal cases
16 shall be vested in the courts, to be exercised in such manner as
17 shall be provided or prescribed by law.
18 CHAPTER 53
19 BASES OF JURISDICTION AND INTERSTATE
20 AND INTERNATIONAL PROCEDURE
21 Subchapter
22 A. General Provisions
23 B. Interstate and International Procedure
24 SUBCHAPTER A
25 GENERAL PROVISIONS
26 Sec.
27 5301. Persons.
28 5302. Land.
29 5303. Chattels.
30 5304. Documents.
19750S0935B2100 - 188 -
1 5305. Corporate shares.
2 5306. Obligations.
3 5307. Status.
4 § 5301. Persons.
5 (a) General rule.--The existence of any of the following
6 relationships between a person and this Commonwealth shall
7 constitute a sufficient basis of jurisdiction to enable the
8 tribunals of this Commonwealth to exercise general personal
9 jurisdiction over such person, or his personal representative in
10 the case of an individual, and to enable such tribunals to
11 render personal orders against such person or representative:
12 (1) Individuals.--
13 (i) Presence in this Commonwealth at the time when
14 process is served.
15 (ii) Domicile in this Commonwealth at the time when
16 process is served.
17 (iii) Consent, to the extent authorized by the
18 consent.
19 (2) Corporations.--
20 (i) Incorporation under the laws of this
21 Commonwealth.
22 (ii) Consent, to the extent authorized by the
23 consent.
24 (iii) The carrying on of a continuous and systematic
25 part of its general business within this Commonwealth.
26 (3) Partnerships, limited partnerships, partnership
27 associations, professional associations, unincorporated
28 associations and similar entities.--
29 (i) Formation under the laws of this Commonwealth.
30 (ii) Consent, to the extent authorized by the
19750S0935B2100 - 189 -
1 consent.
2 (iii) The carrying on of a continuous and systematic
3 part of its general business within this Commonwealth.
4 (b) Scope of jurisdiction.--When jurisdiction over a person
5 is based upon this section any cause of action may be asserted
6 against him, whether or not arising from acts enumerated in this
7 section.
8 § 5302. Land.
9 The tribunals of this Commonwealth shall have jurisdiction
10 over land situated within this Commonwealth whether or not the
11 persons owning or claiming interests therein are subject to the
12 jurisdiction of the tribunals of this Commonwealth.
13 § 5303. Chattels.
14 The tribunals of this Commonwealth shall have jurisdiction
15 over chattels situated within this Commonwealth whether or not
16 the persons owning or claiming interests therein are subject to
17 the jurisdiction of the tribunals of this Commonwealth.
18 § 5304. Documents.
19 The tribunals of this Commonwealth shall have jurisdiction
20 over documents which are within this Commonwealth whether or not
21 the persons owning or claiming interests therein are subject to
22 the jurisdiction of the tribunals of this Commonwealth.
23 § 5305. Corporate shares.
24 The tribunals of this Commonwealth shall have jurisdiction,
25 whether or not the persons owning or claiming interests in the
26 shares or share certificates are subject to the jurisdiction of
27 the tribunals of this Commonwealth:
28 (1) Over shares in a corporation incorporated under the
29 laws of this Commonwealth (subject to the limitations of the
30 act of April 6, 1953 (P.L.3, No.1), known as the "Uniform
19750S0935B2100 - 190 -
1 Commercial Code").
2 (2) Over share certificates which are located within
3 this Commonwealth.
4 (3) Over shares in a corporation represented by share
5 certificates located within this Commonwealth if the law of
6 the jurisdiction of incorporation embodies the share in the
7 share certificates.
8 § 5306. Obligations.
9 The tribunals of this Commonwealth shall have jurisdiction
10 over obligations owed by persons who are subject to the
11 jurisdiction of the tribunals of this Commonwealth whether or
12 not the persons to whom the obligations are owed are subject to
13 the jurisdiction of the tribunals of this Commonwealth.
14 § 5307. Status.
15 The judicial jurisdiction over status granted to the courts
16 of this Commonwealth by the Constitution and laws STATUTES of <--
17 this Commonwealth may be exercised:
18 (1) to the extent permitted by the Constitution of the
19 United States, except as limited by the Constitution and laws
20 of this Commonwealth; and
21 (2) in the manner permitted by the laws of this
22 Commonwealth.
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