PRINTER'S NO. 84
No. 82 Session of 1979
INTRODUCED BY SPENCER, W. D. HUTCHINSON, F. J. LYNCH, BRANDT,
ZELLER, BERSON, CIMINI, FISHER, LASHINGER, LEVIN, MILLER,
O'DONNELL, PICCOLA, PRATT, RHODES, SCIRICA, WACHOB, WILLIAMS
AND YOHN, FEBRUARY 5, 1979
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 1979
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 operation of district justices, fixing the jurisdiction
4 costs, educational requirements and transfer procedures for
5 district justices and prohibiting the use of senior district
6 justices.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definition of "senior district justice" in
10 section 102 of Title 42, act of November 25, 1970 (P.L.707,
11 No.230), known as the Pennsylvania Consolidated Statutes, added
12 April 28, 1978 (No.53), is amended to read:
13 § 102. Definitions.
14 Subject to additional definitions contained in subsequent
15 provisions of this title which are applicable to specific
16 provisions of this title, the following words and phrases when
17 used in this title shall have, unless the context clearly
18 indicates otherwise, the meanings given to them in this section:
19 * * *
1 "Senior district justice." A former or retired district
2 justice who retires or otherwise vacates office after January 1,
3 [1976] 1970, who has served at least one complete six year
4 elected term, and who, with his consent, is assigned on
5 temporary magisterial service pursuant to section 4122(b)
6 (relating to assignment of senior district justices).
7 * * *
8 Section 2. Sections 1515(a) and 1722(a)(2) of Title 42,
9 section 1515(a) amended April 28, 1978 (No.53), are amended to
10 read:
11 § 1515. Jurisdiction and venue.
12 (a) Jurisdiction.--Except as otherwise prescribed by general
13 rule adopted pursuant to section 503 (relating to reassignment
14 of matters), district justices shall, under procedures
15 prescribed by general rule, have jurisdiction of all of the
16 following matters:
17 (1) Summary offenses, except those within the
18 jurisdiction of an established and open traffic court.
19 (2) Matters arising under the act of April 6, 1951
20 (P.L.69, No.20), known as "The Landlord and Tenant Act of
21 1951," which are stated therein to be within the jurisdiction
22 of a district justice.
23 (3) Civil claims wherein the sum demanded does not
24 exceed $2,000, exclusive of interest and costs, in the
25 following classes of actions:
26 (i) In assumpsit, except cases of real contract
27 where the title to real estate may be in question.
28 (ii) In trespass, including all forms of trespass
29 and trespass on the case.
30 (iii) For fines and penalties by any government
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1 agency.
2 A plaintiff may waive a portion of his claim of more than
3 $2,000 so as to bring the matter within the jurisdiction of a
4 district justice. Such waiver shall remain effective except
5 upon appeal by either party or when the judgment is set aside
6 upon certiorari.
7 (4) As commissioners to preside at arraignments, fix and
8 accept bail, issue warrants and perform duties of a similar
9 nature, including the jurisdiction of a committing magistrate
10 in all criminal proceedings.
11 (5) Offenses under 75 Pa.C.S. § 3731 (relating to
12 driving under influence of alcohol or controlled substance),
13 if the following criteria are met:
14 (i) The offense is the first offense by the
15 defendant under such provision in this Commonwealth.
16 (ii) No personal injury [or property damage] (other
17 than to the defendant or the immediate family of the
18 defendant) resulted from the offense.
19 (iii) The defendant pleads guilty.
20 (iv) No property damage in excess of $500 other than
21 to the defendant's property resulted from the violation.
22 (v) The defendant is not subject to the provisions
23 of Chapter 63 (relating to juvenile matters).
24 (vi) The arresting authority shall cause to be
25 transmitted a copy of the charge of any violation of 75
26 Pa.C.S. § 3731 to the county clerk of courts within five
27 days after the preliminary arraignment.
28 In determining that the above criteria are met the district
29 justice shall rely on the certification of the arresting
30 authority. Certification that the criteria are met need not
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1 be in writing. Within ten days after the disposition, the
2 district justice shall certify the disposition to the county
3 clerk of courts in writing.
4 (6) (i) Offenses under Title 18 (crimes and offenses)
5 which are classified as misdemeanors of the third degree,
6 if the following criteria are met:
7 (A) The misdemeanor is not the result of a
8 reduced charge.
9 (B) Any personal injury or property damage is
10 less than [$100] $500.
11 (C) The defendant pleads guilty.
12 (D) The defendant is not subject to the
13 provisions of Chapter 63.
14 (ii) Subparagraph (i) shall not apply to any offense
15 under the following provisions of Title 18:
16 Section 4303 (relating to concealing death of
17 bastard child).
18 Section 4321 (relating to willful separation or
19 nonsupport).
20 Section 5103 (relating to unlawfully listening
21 into deliberations of jury).
22 (7) Matters jurisdiction of which is vested in district
23 justices by any statute.
24 * * *
25 § 1722. Adoption of administrative and procedural rules.
26 (a) General rule.--The governing authority shall have the
27 power to prescribe and modify general rules governing:
28 * * *
29 (2) The prescription of canons of ethics applicable to
30 judges and district justices and the prescription of rules or
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1 canons applicable to the activities of all other personnel of
2 the system.
3 * * *
4 Section 3. Title 42 is amended by adding sections to read:
5 § 1725.1. Costs.
6 (a) Civil cases.--The costs to be charged by the minor
7 judiciary in every civil case, except as otherwise provided in
8 this section, shall be as follows:
9 (1) Assumpsit or trespass involving $100 or
10 less.................................................. $10.00
11 (2) Assumpsit or trespass involving more than
12 $100 but not more than $300........................... $15.00
13 (3) Assumpsit or trespass involving more than
14 $300 but not more than $500........................... $20.00
15 (4) Assumpsit or trespass involving more
16 than $500............................................. $25.00
17 (5) Landlord and tenant proceeding............... $25.00
18 (6) Order of execution........................... $15.00
19 (7) Objection to levy............................ $ 5.00
20 (8) Reinstatement of complaint.................No Charge
21 Such costs shall include all charges including, when called for,
22 the costs relating to postage and registered mail, except the
23 costs of a district justice's transcript of every proceeding on
24 appeal or certiorari (including affidavit, bail and certificate)
25 which shall be $2.50 per transcript.
26 (b) Criminal cases.--The costs to be charged by the minor
27 judiciary or by the court of common pleas where appropriate in
28 every criminal case, except as otherwise provided in this
29 section, shall be as follows:
30 (1) Summary conviction, except motor vehicle
19790H0082B0084 - 5 -
1 cases................................................. $16.00
2 (2) Summary conviction, motor vehicles cases,
3 other than paragraph (3) ............................. $10.00
4 (3) Summary conviction, motor vehicle cases,
5 hearing demanded...................................... $15.00
6 (4) Misdemeanor.................................. $20.00
7 (5) Felony....................................... $25.00
8 Such costs shall include all charges including the costs of
9 postage and registered mail and the costs of giving a district
10 justice's transcript to the prosecutor or defendant, or both, if
11 requested.
12 (c) Unclassified costs or charges.--The costs to be charged
13 by the minor judiciary in the following instances not readily
14 classifiable shall be as follows:
15 (1) Entering transcript of judgment from another
16 member of the minor judiciary..........................$ 3,00
17 (2) Marrying each couple, making record thereof,
18 and certificate to the parties........................ $10.00
19 (3) Granting emergency relief pursuant to the act
20 of October 7, 1976 (P.L.1090, No.218), known as the
21 "Protection From Abuse Act"........................... $10.00
22 (4) Issuing a search warrant (except as provided
23 in subsection (d)).................................... $10.00
24 (5) Any other issuance not otherwise provided for
25 in this subsection.................................... $10.00
26 (d) Search warrants.--In every case where a search warrant
27 is requested by a police officer, constable or other peace
28 officer engaged as such in the employ or service of the
29 Commonwealth or any of its political subdivisions, no cost or
30 charge shall be assessed against such officer, the Commonwealth
19790H0082B0084 - 6 -
1 or political subdivision for the issuance of such search
2 warrant.
3 § 1725.2. Assumption of summary conviction costs by county.
4 (a) Division of costs.--In every case of summary conviction
5 in which the evidence is not sufficient to convict and the
6 defendant is dismissed, there shall be no costs imposed if the
7 prosecutor is a police officer engaged as such in the employ of
8 this Commonwealth or of any of its political subdivisions. In
9 all other cases, the costs may be imposed on the prosecutor or
10 by the defendant if so permitted by law.
11 (b) Costs where default occurs.--In every case of summary
12 conviction in which the defendant is convicted and sentenced to
13 jail in default of the payment of the fine and costs imposed,
14 the costs of prosecution shall be borne by the county.
15 (c) County of the second class.--In any case before a
16 salaried magistrate where costs are borne by a county of the
17 second class, the costs chargeable to the county shall be one-
18 half of the costs set forth in § 1725.1(b) (relating to costs).
19 Section 4. Sections 3113(b), 3118, 3302 and 3571(c) of Title
20 42, added or amended April 28, 1978 (No.53), are amended to
21 read:
22 § 3113. Content of course of instruction and examination.
23 * * *
24 (b) Content of course.--The course of training and
25 instruction shall not exceed four weeks in duration and shall
26 consist of a minimum of 40 hours of class instruction in civil
27 and criminal law, including evidence and procedure, summary
28 proceedings, motor vehicles and courses in judicial ethics, in
29 the case of all such officials except judges of the Traffic
30 Court of Philadelphia, in which case it shall consist of a
19790H0082B0084 - 7 -
1 minimum of 20 hours of class instruction in summary proceedings
2 and laws relating to motor vehicles.
3 § 3118. Continuing education requirement.
4 Every district justice shall complete a continuing education
5 program each year equivalent to not less than 32 hours per year
6 in such courses or programs as are approved by the board. If a
7 district justice fails to meet these continuing education
8 requirements, such justice shall be subject to suspension by the
9 Supreme Court until such time as evidence of compliance with
10 such requirements is submitted by the board, but in no event
11 longer than six months at which time the failure to meet the
12 continuing education requirements shall be grounds for the
13 Supreme Court, after a hearing, to declare a vacancy in that
14 district.
15 § 3302. Additional restrictions.
16 Judges shall not engage in any activity prohibited by this
17 subchapter or any other provision of law and shall not violate
18 any canon of ethics prescribed by general rule. A district
19 justice shall devote the time necessary for the prompt and
20 proper disposition of the business of his office, which shall be
21 given priority over any other occupation, business, profession,
22 pursuit or activity. He shall not use or permit the use of the
23 premises established for the disposition of his magisterial
24 business for any other occupation, business, profession or
25 gainful pursuit. A district justice shall not hold any other
26 elected or appointed public office in this Commonwealth.
27 District justices and appointive judicial officers shall be
28 governed by rules or canons prescribed by general rule.
29 [District justices shall also be subject to canons of ethics
30 applied to judges of the courts of common pleas insofar as such
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1 canons apply to salaries, full-time duties and conflicts of
2 interest.]
3 § 3571. Commonwealth portion of fines, etc.
4 * * *
5 (c) Costs in district justice proceedings.--[Costs collected
6 by a district justice shall be payable to the Commonwealth in
7 the following amounts:
8 (1) Summary conviction ......................... $ 5.00
9 (2) Misdemeanor ................................ $ 7.00
10 (3) Felony ..................................... $ 8.00
11 (4) Assumpsit or trespass involving:
12 (i) $100 or less ........................... $ 2.50
13 (ii) More than $100 but not more than $300 . $ 5.00
14 (iii) More than $300 but not more than
15 $500 ................................. $ 7.50
16 (iv) More than $500 ........................ $10.00
17 (5) Landlord-tenant proceeding ................. $10.00
18 (6) Order of execution ......................... $10.00
19 (7) Issuing a search warrant ................... $ 7.00]
20 (1) Costs collected by a district justice shall
21 be transmitted monthly to the Commonwealth in amounts
22 as prescribed in subsection (b) and the balance shall
23 be transmitted monthly to the county in which the
24 magisterial district is located. Costs transmitted to
25 the Commonwealth shall be credited to the General Fund.
26 Costs transmitted to the county shall be retained by
27 the county for its use.
28 (2) Amounts payable to the Commonwealth:
29 (i) Summary conviction, except motor vehicle
30 cases............................................ $ 5.00
19790H0082B0084 - 9 -
1 (ii) Summary conviction, motor vehicle cases
2 other than subparagraph (iii).................... $ 5.00
3 (iii) Summary conviction, motor vehicle
4 cases, hearing demanded.......................... $ 5.00
5 (iv) Misdemeanor............................ $ 7.00
6 (v) Felony.................................. $ 8.00
7 (vi) Assumpsit or trespass involving:
8 (A) $100 or less........................ $ 2.50
9 (B) More than $100 but not more than
10 $300......................................... $ 5.00
11 (C) More than $300 but not more than
12 $500......................................... $ 7.50
13 (D) More than $500...................... $10.00
14 (vii) Landlord-tenant proceeding............ $10.00
15 (viii) Objection to levy.................... $ 5.00
16 (ix) Order of execution...................... $10.00
17 (x) Issuing a search warrant (except as
18 provided in section 1725.1(d) (relating to
19 costs)).......................................... $ 7.00
20 (3) In all cases where costs are borne by the county
21 pursuant to section 1725.2 (relating to assumption of summary
22 conviction costs by county), no share of such costs shall be
23 payable to the Commonwealth.
24 * * *
25 Section 5. Section 4102 of Title 42 is repealed.
26 Section 6. Sections 4122 and 4123 of Title 42, section 4122
27 amended April 28, 1978 (No.53), are amended to read:
28 § 4122. Assignment of district justices.
29 (a) General rule.--Subject to general rules any district
30 justice may be temporarily assigned to any other magisterial
19790H0082B0084 - 10 -
1 district or the Pittsburgh Magistrates Court or the Traffic
2 Court of Philadelphia, and may there hear and determine any
3 matter with like effect as if duly commissioned to sit in such
4 other district or in such court.
5 (b) Senior district justices.--A senior district justice who
6 shall not have been defeated for reelection or been suspended or
7 removed from office may, with his consent, be assigned on
8 temporary magisterial service pursuant to subsection (a). A
9 senior district justice shall be paid a per diem salary at the
10 same annual rate as is applicable in the district where he is
11 temporarily assigned and shall receive expenses at the same per
12 diem rate as other justices temporarily assigned.
13 § 4123. Assignment procedure.
14 The procedure for effecting temporary assignments of judges
15 and district justices, the kind, amount and method of payment
16 for travel, lodgings and subsistence, and all other matters
17 related to such temporary assignments, shall be governed by
18 general rules established by the Supreme Court except as
19 otherwise specifically provided.
20 Section 7. (a) The increase in salary provided for district
21 justices pursuant to section 206 of the act of July 15, 1976
22 (P.L.1014, No.204), known as the "Magisterial District Reform
23 Act" shall be effective and payable from September 13, 1976
24 regardless of the date on which such salary is actually paid.
25 (b) This section shall take effect immediately and shall be
26 retroactive to September 13, 1976.
27 Section 8. The provisions of this amendatory act shall not
28 affect any act done, liability or cost incurred or right accrued
29 or vested or affect any suit or prosecution pending or to be
30 instituted to enforce any right or penalty or punish any offense
19790H0082B0084 - 11 -
1 under the authority of any statutory provisions amended by this
2 act.
3 Section 9. Except as otherwise provided in this act, this
4 act shall take effect in 60 days.
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