PRINTER'S NO. 397
No. 353 Session of 1983
INTRODUCED BY MAIALE, RAPPAPORT, SPENCER, SALVATORE, O'DONNELL,
WACHOB, BELOFF, WESTON, McMONAGLE, HARPER, O'BRIEN, CORDISCO,
KOSINSKI, LEVIN, DEAL AND WIGGINS, MARCH 14, 1983
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 14, 1983
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 duties and jurisdiction of the Municipal Court of
4 Philadelphia.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definition of "minor judiciary" in section
8 102 of Title 42 of the Pennsylvania Consolidated Statutes is
9 amended to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this title which are applicable to specific
13 provisions of this title, the following words and phrases when
14 used in this title shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 "Minor judiciary." The community courts, district justices,
18 [Philadelphia Municipal Court,] Pittsburgh Magistrates Court and
1 Traffic Court of Philadelphia.
2 * * *
3 Section 2. Section 1123(a) of Title 42, amended December 20,
4 1982 (P.L.1409, No.326), is amended and a subsection is added to
5 read:
6 § 1123. Jurisdiction and venue.
7 (a) General rule.--Except as otherwise prescribed by any
8 general rule adopted pursuant to section 503 (relating to
9 reassignment of matters), the Philadelphia Municipal Court shall
10 have jurisdiction of the following matters:
11 (1) Summary offenses, except those within the
12 jurisdiction of the Traffic Court of Philadelphia.
13 (2) Criminal offenses by any person (other than a
14 juvenile) for which no prison term may be imposed or which
15 are punishable by imprisonment for a term of not more than
16 five years, including indictable offenses under Title 75
17 (relating to vehicles). In cases under this paragraph the
18 defendant shall have no right of trial by jury in the
19 municipal court, but shall have the right of appeal for trial
20 de novo, including the right of trial by jury, to the court
21 of common pleas. The judges of the municipal court exercising
22 jurisdiction under this paragraph shall have the same
23 jurisdiction in probation and parole arising out of sentences
24 imposed by them as judges of the court of common pleas.
25 (3) Matters arising under the act of April 6, 1951
26 (P.L.69, No.20), known as "The Landlord and Tenant Act of
27 1951."
28 (4) Civil actions, except actions by or against a
29 Commonwealth party as defined by section 8501 (relating to
30 definitions), wherein the sum demanded does not exceed
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1 [$1,000] $2,000, exclusive of interest and costs, in the
2 following classes of actions:
3 (i) In assumpsit.
4 (ii) In trespass, including all forms of trespass
5 and trespass on the case.
6 (iii) For fines and penalties by any government
7 agency.
8 A plaintiff may waive a portion of his claim of more than
9 [$1,000] $2,000 so as to bring the matter within the monetary
10 jurisdiction of the municipal court. Such waiver shall be
11 revoked automatically if the defendant appeals the final
12 order of the municipal court. In cases under this paragraph
13 the defendant shall have no right of trial by jury in the
14 municipal court, but shall have the right to appeal for trial
15 de novo, including the right of trial by jury, to the court
16 of common pleas, it being the purpose of this paragraph to
17 establish an expeditious small claims procedure whereby it
18 shall not be necessary for the litigants to obtain counsel.
19 Judgments by confession shall not be entered in the municipal
20 court.
21 (5) As commissioners to preside at arraignments, fix and
22 accept bail, issue warrants and perform duties of a similar
23 nature, including the jurisdiction of a committing magistrate
24 in all criminal proceedings. In addition to the exercise of
25 the powers by the judges set forth in this paragraph, the
26 Philadelphia Municipal Court through the president judge and
27 a majority of the judges of the court shall have the power to
28 appoint no more than six bail commissioners, who shall be
29 members of the Bar of the Supreme Court of Pennsylvania, to
30 administer oaths and affirmations, preside at preliminary
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1 arraignments, assign counsel in certain cases, issue criminal
2 complaints, fix bail and issue arrest warrants and search and
3 seizure warrants. The bail commissioners shall be employees
4 of the Commonwealth and they shall receive an annual salary
5 equal to the salary of an associate judge of the Traffic
6 Court of Philadelphia. The method of selection and
7 appointment, tenure and removal of bail commissioners and
8 establishing standards of conduct and the rights,
9 responsibilities and authority of the bail commissioners and
10 the procedures for appealing from the decisions of the bail
11 commissioners shall be provided by local rules adopted by the
12 municipal court.
13 (6) Civil actions wherein the sum demanded does not
14 exceed $15,000 in matters involving judgments of real estate
15 taxes and school taxes levied by cities of the first class.
16 (a.1) Appeal from contempt citation.--There shall be a right
17 to appeal to the Court of Common Pleas of Philadelphia County of
18 a contempt citation issued by a municipal court judge, but the
19 appeal shall be limited to a review of the record.
20 * * *
21 Section 3. Section 5105(d) of Title 42 is amended to read:
22 § 5105. Right to appellate review.
23 * * *
24 (d) Scope of appeal.--
25 (1) Except as otherwise provided in this subsection an
26 appeal under this section shall extend to the whole record,
27 with like effect as upon an appeal from a judgment entered
28 upon the verdict of a jury in an action at law and the scope
29 of review of the order shall not be limited as on broad or
30 narrow certiorari.
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1 (2) An order which is appealable by reason of subsection
2 (a)(2), but which would not be appealable under Chapter 7 of
3 Title 2 or under any other corresponding provision of law,
4 shall not be reversed or modified on appeal unless the
5 appellant would be entitled to equivalent relief upon an
6 action in the nature of equity, replevin, mandamus or quo
7 warranto or for declaratory judgment or for a writ of
8 certiorari or prohibition or otherwise objecting to such
9 order.
10 (3) Nothing in this subsection shall supersede any
11 general rule or rule of court or any unsuspended statute
12 authorizing or requiring an appellate court to receive
13 additional evidence or to hear the appeal de novo.
14 (4) Except as otherwise prescribed by general rule and
15 section 1123(a.1) (relating to jurisdiction and venue), an
16 appeal from a final order of the minor judiciary shall be de
17 novo under procedures established by general rule.
18 * * *
19 Section 4. This act shall take effect in 60 days.
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