THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KORTZ, BAKER, BOBACK, BOYD, BRIGGS, DENLINGER, FREEMAN, GERGELY, HALUSKA, HARHAI, HORNAMAN, KESSLER, KIRKLAND, LONGIETTI, MAHONEY, PALLONE, PASHINSKI, SAINATO, K. SMITH, VULAKOVICH AND WILLIAMS, MARCH 13, 2009

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 13, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

qualifications of judicial officers generally.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3101 of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3101.  Qualifications of judicial officers generally.

(a)  General rule.--Judges and magisterial district judges

shall be citizens of this Commonwealth. Judges, except judges of

the Pittsburgh Magistrates Court and the Traffic Court of

Philadelphia, shall be members of the bar of this Commonwealth.

Judges of the Supreme, Superior and Commonwealth Courts, for a

period of one year preceding their election or appointment and

during their continuance in office, shall reside within this

Commonwealth. Other judges and magisterial district judges, for

a period of one year preceding their election or appointment and

during their continuance in office, shall reside within their

respective districts, except when temporarily assigned to

another district pursuant to law. Judges [and magisterial

district judges] shall be at least 21 years of age. Magisterial

district judges shall be at least 25 years of age.

(b)  Mental health review officers.--Mental health review

officers shall be members of the bar of this Commonwealth

without restriction as to county of residence and where possible

should be familiar with the field of mental health. Judges of

the Philadelphia Municipal Court may be appointed mental health

review officers.

Section 2.  This act shall take effect in 60 days.