PRINTER'S NO. 673
No. 565 Session of 2005
INTRODUCED BY LEMMOND, RHOADES, PICCOLA, MADIGAN, STACK,
D. WHITE, ROBBINS, TOMLINSON, KASUNIC, LAVALLE, COSTA,
WONDERLING, PUNT, RAFFERTY, ORIE, WOZNIAK, LOGAN, FUMO,
SCARNATI, ARMSTRONG, CONTI, MUSTO, FERLO, O'PAKE, THOMPSON,
WENGER, KITCHEN, PILEGGI, BOSCOLA, GREENLEAF, STOUT,
TARTAGLIONE AND WAUGH, APRIL 6, 2005
REFERRED TO LOCAL GOVERNMENT, APRIL 6, 2005
AN ACT
1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
2 as amended, "An act relating to counties of the first, third,
3 fourth, fifth, sixth, seventh and eighth classes; amending,
4 revising, consolidating and changing the laws relating
5 thereto; relating to imposition of excise taxes by counties,
6 including authorizing imposition of an excise tax on the
7 rental of motor vehicles by counties of the first class; and
8 providing for regional renaissance initiatives," further
9 providing for qualifications, eligibility and compensation
10 for district attorneys; making an appropriation; and making
11 repeals.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 102 of the act of August 9, 1955
15 (P.L.323, No.130), known as The County Code, amended June 18,
16 1997 (P.L.179, No.18), is amended to read:
17 Section 102. Applicability.--(a) Except incidentally, as in
18 sections 108, 201, 210 [and 211], 211 and 1401 or as provided in
19 Article XXX, this act does not apply to counties of the first,
20 second A, or second classes.
1 (b) Except where otherwise specifically limited, this act
2 applies to all counties of the third, fourth, fifth, sixth,
3 seventh and eighth classes.
4 Section 2. Section 1401 of the act, amended June 16, 1972
5 (P.L.468, No.149) and November 23, 1994 (P.L.640, No.98), is
6 amended to read:
7 Section 1401. District Attorney; Qualifications;
8 Eligibility; Compensation.--(a) The district attorney shall be
9 a resident of the county, [learned in the law,] at least
10 [eighteen] twenty-five years of age, and a citizen of the United
11 States [and, except as otherwise provided in subsection (b) of
12 this section for counties of the seventh and eighth classes],
13 shall have been admitted to practice as an attorney before the
14 Supreme Court of this Commonwealth for at least one year prior
15 to taking the oath of office and shall have resided in the
16 county for which he is elected or appointed for two years next
17 preceding his election or appointment.
18 [(b) In counties of the seventh and eighth classes, the
19 district attorney shall have resided in the county for which he
20 is elected or appointed for one year next preceding his election
21 or appointment, and be a resident of such county.
22 (c) In counties of the third, fourth, fifth and sixth
23 classes, the district attorney shall have been admitted to
24 practice as an attorney before the Supreme or Superior Courts of
25 this Commonwealth for at least two years prior to the time for
26 taking the oath of office, or shall have been admitted to
27 practice before the Supreme or Superior Courts of this
28 Commonwealth for at least six months prior to the time for
29 taking the oath of office, and have been practicing law before a
30 court of record of this Commonwealth for at least five years.
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1 (d) In counties of the seventh class, the district attorney
2 shall have been admitted to practice as an attorney before the
3 Supreme or Superior Courts of this Commonwealth for at least six
4 months prior to the time for taking the oath of office, and
5 shall have practiced before a court of record of this
6 Commonwealth for at least two years.
7 (e) In counties of the eighth class, the district attorney
8 shall have been admitted to practice as an attorney in the
9 Supreme or Superior Court of this Commonwealth prior to the time
10 for taking the oath of office, and shall have practiced law
11 before a court of record of this Commonwealth for eighteen
12 months prior to the time for taking the oath of office.]
13 (f) No district attorney shall be eligible [to] for a seat
14 in the Legislature or to any other office under the laws and
15 Constitution of the Commonwealth, excepting an office or
16 commission in the militia of the Commonwealth, during his
17 continuance in office.
18 (g) [The commissioners of any county may by ordinance fix
19 the services of the district attorney at full time. Such
20 determination may be made at any time, provided that the
21 determination shall not be made between the first day for the
22 circulation of nominating petitions for the office of district
23 attorney and January of the subsequent year. The president judge
24 of the court of common pleas of the judicial district and the
25 district attorney may make recommendations at any time to the
26 county commissioners on the advisability of full-time service by
27 the district attorney, but the same shall not be binding on
28 them.
29 When the determination by the county commissioners to require
30 a full-time district attorney becomes effective and operative,
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1 he] District attorneys of counties of the third, fourth, fifth,
2 sixth and seventh class shall be full time. In counties of the
3 eighth class, the district attorney shall be full time where any
4 of the following apply:
5 (1) The commissioners of the county have by ordinance fixed
6 the services of the district attorney at full time. An ordinance
7 under this clause may not be made between the first day for the
8 circulation of nominating petitions for the office of district
9 attorney and January 1 of the subsequent year.
10 (2) The president judge of the county court of common pleas
11 orders that the office of district attorney shall be full time.
12 Upon motion of the district attorney, the president judge shall
13 conduct a hearing and shall issue an order whether the office of
14 district attorney shall be full time within 180 days of the
15 filing of the motion. The order may be appealed by the district
16 attorney or the county commissioners in accordance with the
17 rules of appellate procedure. An order under this clause shall
18 take effect in 60 days. An order under this clause shall be made
19 if the president judge finds that two or more of the following
20 factors are present in the county:
21 (i) the average caseload of felony, misdemeanor and juvenile
22 cases for the past five years has exceeded two hundred per year;
23 (ii) the average caseload for homicide cases for the past
24 five years has equaled or exceeded one per year;
25 (iii) the county has any State correctional facility,
26 juvenile detention facility, youth development center, youth
27 forestry camp, other licensed residential facility serving
28 children and youth, or mental health or mental retardation
29 facility or institution, with a population exceeding two hundred
30 fifty, or if the county has more than one such facility or
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1 institution, the aggregate population of such facilities and
2 institutions exceeds two hundred fifty;
3 (iv) a major controlled substances transportation route
4 passes through the county;
5 (v) the average number of convictions under 75 Pa.C.S. §
6 3731 (relating to driving under influence of alcohol or
7 controlled substance) subject to the alcoholic ignition
8 interlock statutory provision requirements exceeds thirty per
9 year; or
10 (vi) the county constitutes a single and separate judicial
11 district.
12 (h) A full-time district attorney shall be compensated at
13 one thousand dollars ($1,000) lower than the compensation paid
14 to a judge of the court of common pleas in the respective
15 judicial district. [It is the legislative intent that all
16 provisions of this subsection requiring full-time service shall
17 be unenforceable until such time as the accompanying salary
18 provisions take effect.
19 Once the determination for a full-time district attorney is
20 made, it shall not thereafter be changed except by referendum of
21 the electorate of the said county. Such referendum may be
22 instituted by the county commissioners or on petition by five
23 per cent of the electors voting for the office of Governor in
24 the last gubernatorial general election. Such referendum may be
25 held at any election preceding the year in which the district
26 attorney shall be elected. Such]
27 (i) In a county where the office of district attorney is
28 full time, the district attorney shall devote full time to the
29 office. The district attorney while in office, shall not derive
30 any other income as a result of honorariums, profit shares or
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1 divisions of income from any firm with which the district
2 attorney was associated prior to election. This limitation shall
3 not be construed, however, to preclude payment of fees earned
4 for legal work done prior to, but not concluded until after the
5 earlier of his [election] being made full time or being sworn in
6 as a full-time district attorney. In addition the district
7 attorney shall not engage in any private practice and must be
8 completely disassociated with any firm with which the district
9 attorney was affiliated prior to [election, nor shall the] the
10 earlier of being made full time or being sworn in as a full-time
11 district attorney. The district attorney-elect may not accept
12 any civil or criminal cases after being elected to the office.
13 [Furthermore, the district attorney shall be subject to the
14 canons of ethics as applied to judges in the courts of common
15 pleas of this Commonwealth in so far as such canons apply to
16 salaries, full-time duties and conflicts of interest.
17 Any complaint by a citizen of the county that a full-time
18 district attorney may be in violation of this section shall be
19 made to the Disciplinary Board of the Supreme Court of
20 Pennsylvania, for determination as to the merit of the
21 complaint. If any substantive basis is found, the board shall
22 proceed forthwith in the manner prescribed by the rules of the
23 Supreme Court and make such recommendation for disciplinary
24 action as it deems advisable, provided, however, that if the
25 Supreme Court deems the violation so grave as to warrant removal
26 from office, the prothonotary of the said court shall transmit
27 its findings to the Speaker of the House of Representatives for
28 such action as the House deems advisable under Article VI of the
29 Constitution of the Commonwealth of Pennsylvania.
30 Where no such determination to require a full-time district
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1 attorney is made, the district attorney shall be permitted to
2 have an outside practice.
3 Notwithstanding the provision of any other statute, the
4 annual salaries of part-time district attorneys shall be as
5 follows:]
6 (j) Each part-time district attorney holding office on the
7 effective date of this subsection shall become full time sixty
8 days thereafter, unless the district attorney elects not to
9 assume full-time status for the remainder of the district
10 attorney's current term of office. The election shall be in
11 writing and delivered to the chairman of the county
12 commissioners, the Secretary of Revenue and the State Treasurer.
13 Where a district attorney elects not to assume full-time status,
14 the district attorney shall be permitted to have an outside
15 practice and shall be compensated, notwithstanding the
16 provisions of any other statutes, as follows: In counties of the
17 third or fourth class, the salary shall be sixty per cent of the
18 annual salary payable to the judge of the court of common pleas
19 of the judicial district of the county; in a county of the fifth
20 or sixth class, the salary shall be fifty per cent of the annual
21 salary payable to the judge of the court of common pleas of the
22 judicial district of the county; and in a county of the seventh
23 or eighth class, the salary shall be forty per cent of the
24 annual salary payable to the judge of the court of common pleas
25 of the judicial district of the county.
26 (k) Subject to the provisions of subsection (g), any
27 district attorney who chooses to remain part time under
28 subsection (j) shall become full time on the date set forth by
29 statute for the administration of the oath of office after the
30 next election for the office of district attorney.
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1 (l) In the event of a vacancy in the office of district
2 attorney, the person appointed to serve the remainder of the
3 unexpired term shall be bound by the election made in subsection
4 (j) for the remainder of said term.
5 (m) A district attorney shall be subject to the Rules of
6 Professional Conduct and the canons of ethics as applied to
7 judges in the courts of common pleas of this Commonwealth
8 insofar as such canons apply to salaries, full-time duties and
9 conflicts of interest. Any complaint by a citizen of the county
10 that a full-time district attorney may be in violation of this
11 section shall be made to the Disciplinary Board of the Supreme
12 Court of Pennsylvania. If any substantive basis is found, the
13 board shall proceed forthwith in the manner prescribed by the
14 rules of the Supreme Court and make such recommendation for
15 disciplinary action as it deems advisable; provided, however,
16 that if the Supreme Court deems the violation so grave as to
17 warrant removal from office, the prothonotary of the Supreme
18 Court shall transmit its findings to the Speaker of the House of
19 Representatives for such action as the House of Representatives
20 deems appropriate under Article VI of the Constitution of
21 Pennsylvania.
22 (n) The Commonwealth shall annually reimburse each county
23 with a full-time district attorney an amount equal to sixty-five
24 per cent of the district attorney's salary.
25 Section 3. The sum of $5,002,000, or as much thereof as may
26 be necessary, is hereby appropriated to the Secretary of the
27 Budget for the fiscal year July 1, 2005, to June 30, 2006, to
28 carry out the provisions of section 1401(n) of the act.
29 Section 4. The following acts and parts of acts are
30 repealed:
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1 Act of April 12, 1866 (P.L.103, No.91), entitled "An act
2 relative to the fees of district attorney, in certain counties
3 of this commonwealth."
4 Act of March 14, 1905 (P.L.37, No.19), entitled "An act to
5 fix the salaries of district attorneys, and providing for the
6 appointment of assistant district attorneys, in the several
7 counties of this Commonwealth having over eight hundred thousand
8 inhabitants; prescribing the powers and duties, and fixing the
9 salaries of the said assistant district attorneys."
10 Act of April 17, 1905 (P.L.170, No.125), entitled "An act
11 providing that the district attorneys, in all counties whose
12 population does not exceed one hundred and fifty thousand, shall
13 be paid a salary, and fixing the same, which shall be in lieu of
14 all fees, and in full compensation for their services; and
15 providing for the appointment of assistant district attorneys in
16 said counties, and for the compensation of the same; and
17 providing that the fees heretofore allowed the district
18 attorneys upon indictments shall remain in amount as heretofore,
19 but shall hereafter be as part of the costs, for the use and
20 benefit of the proper county."
21 Act of July 9, 1919 (P.L.795, No.329), entitled "An act to
22 fix the salaries of district attorneys in counties having a
23 population of less than one million inhabitants."
24 Section 1401 of the act of July 28, 1953 (P.L.723, No.230),
25 known as the Second Class County Code.
26 Section 5. This act shall take effect July 1, 2005, or
27 immediately, whichever is later.
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