PRINTER'S NO. 589
No. 495 Session of 2003
INTRODUCED BY GANNON, BARD, BELFANTI, CIVERA, CORRIGAN,
GILLESPIE, HENNESSEY, LaGROTTA, LEACH, LEVDANSKY, MARSICO,
MELIO, R. MILLER, PICKETT, SCAVELLO, SCHRODER, SEMMEL, THOMAS
AND TIGUE, FEBRUARY 26, 2003
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 26, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 qualifications of district justices.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 3112, 3113(a), 3116 and 3131(a) of Title
7 42 of the Pennsylvania Consolidated Statutes are amended to
8 read:
9 § 3112. Course of instruction and examination required.
10 [District justices, bail] (a) Bail commissioners and
11 judges.--Bail commissioners and judges who are not members of
12 the bar of this Commonwealth shall complete a course of training
13 and instruction in the duties of their respective offices and
14 pass an examination prior to assuming office.
15 (b) District justices.--District justices who are not
16 members of the bar of this Commonwealth shall complete a course
17 of training and instruction in the duties of the office and pass
1 an examination prior to filing nomination petitions for election
2 to that office or prior to assuming office in the case of
3 appointment by the Governor.
4 § 3113. Content of course of instruction and examination.
5 (a) General rule.--The board shall prescribe and approve the
6 subject matter and the examination for the course of training
7 and instruction required by this subchapter. The Administrative
8 Office shall, subject to the direction of the board, administer
9 the course of training and instruction and conduct the
10 examination. The Administrative Office shall conduct the course
11 and examination at such times, at such places and in such manner
12 as the regulations of the board may prescribe. The board shall
13 make the course of instruction available at such times so as to
14 insure that any district justice, bail commissioner or judge
15 elected or appointed may qualify to assume office as soon as
16 possible. The board and the Administrative Office shall also
17 make available the course of instruction and examination for
18 district justice at such times so as to ensure that the
19 requirements of section 3112(b) (relating to course of
20 instruction and examination required) can be met. Upon passage
21 of the course and examination, the person shall secure a
22 certificate from the Administrative Office as set forth in
23 section 3115 (relating to certification of successful completion
24 of course) and shall file it in the office of the clerk of the
25 court of common pleas of the judicial district embracing the
26 district to be served as provided in section 3115.
27 * * *
28 § 3116. Effect of failure to obtain certificate.
29 (a) Judges.--In the event that any [district justice or]
30 judge fails to file the certificate provided for by section 3115
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1 (relating to certification of successful completion of course)
2 in the manner therein provided within nine months after his
3 election or appointment, his office shall become vacant, and
4 such vacancy shall be filled as provided in this chapter.
5 (b) District justices.--In the event that any person seeking
6 to become a district justice, either through election or
7 appointment by the Governor, fails to file the certificate as
8 required in section 3115, he shall be ineligible to hold office
9 as a district justice and may not hold that office.
10 § 3131. Selection of judicial officers for regular terms.
11 (a) Judges and district justices generally.--Except as
12 provided in subsection (d) judges and district justices shall be
13 elected for a regular term of office at the municipal election
14 next preceding the commencement of their respective regular
15 terms of office by the electors of this Commonwealth or the
16 respective districts in which they are to serve. A candidate for
17 judge [or district justice] shall not be placed upon a ballot in
18 any primary or municipal election unless that person will meet
19 the qualifications set forth in section 3101 (relating to
20 qualifications of judicial officers generally) as of the
21 beginning of the term of office for which the candidate runs. In
22 the case of a district justice, the name of a candidate for that
23 office shall not be placed upon a ballot in any election unless
24 that person will meet the qualifications set forth in section
25 3101 as of the beginning of the term of office for which the
26 candidate runs and any other requirements provided by this
27 chapter.
28 * * *
29 Section 2. The Secretary of the Commonwealth shall transmit
30 to the Legislative Reference Bureau, for publication in the
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1 Pennsylvania Bulletin, notice of adoption of an amendment to the
2 Constitution of Pennsylvania which requires an individual to
3 pass an examination before filing a nominating petition to
4 become a district justice.
5 Section 3. This act shall take effect as follows:
6 (1) Section 2 and this section shall take effect
7 immediately.
8 (2) The amendment of 42 Pa.C.S. §§ 3112, 3113(a), 3116
9 and 3131(a) shall take effect upon publication in the
10 Pennsylvania Bulletin of the notice under section 2.
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