PRIOR PRINTER'S NOS. 1604, 1844, 3004         PRINTER'S NO. 3183

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1375 Session of 1975


        INTRODUCED BY MESSRS. ECKENSBERGER, PRATT, DOYLE, ZORD, REED,
           CUMBERLAND, ZELLER, POLITE, STAPLETON, RITTER, ZWIKL, DAVIS,
           DiCARLO, BRANDT, LEHR, McGINNIS, SPENCER, RUGGIERO, GARZIA
           AND GREEN, JUNE 3, 1975

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MAY 12, 1976

                                     AN ACT

     1  Implementing the provisions of article V of the Constitution of   <--
     2     Pennsylvania relating to district justices; establishing
     3     magisterial districts; setting salaries and expenses;
     4     providing for certain education requirements; fixing
     5     jurisdiction; creating an administrator for district justices
     6     and imposing powers and duties on such administrator;
     7     requiring certain liability insurance; and making repeals.
     8  AMENDING THE ACT OF DECEMBER 2, 1968 (P.L.1131, NO.352),          <--
     9     ENTITLED "AN ACT IMPLEMENTING THE PROVISION OF SUBSECTION (B)
    10     OF SECTION 7 OF ARTICLE V OF THE CONSTITUTION OF PENNSYLVANIA
    11     AUTHORIZING THE GENERAL ASSEMBLY TO ESTABLISH CLASSES OF
    12     MAGISTERIAL DISTRICTS AND SALARIES OF DISTRICT JUSTICES OF
    13     THE PEACE AND PROVIDING FOR THEIR OFFICES AND THE DISPOSITION
    14     OF COSTS," INCREASING THE BASE AND THE MINIMUM AND MAXIMUM
    15     SALARIES.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18                             ARTICLE I                              <--
    19                       Preliminary Provisions
    20     Section 101.  Short Title.--This act shall be known and may
    21  be cited as the "Magisterial District Reform Act."
    22     Section 102.  Application.--Except for magisterial districts
    23  in cities of the first class and counties of the first class,

     1  this act shall apply to all magisterial districts in this
     2  Commonwealth.
     3     Section 103.  Definitions.--As used in this act:
     4     "Board" means the administrative board known as the "Minor
     5  Judiciary Education Board" established by this act.
     6     "Court" means the Supreme Court of Pennsylvania or the court
     7  of common pleas for each judicial district under the direction
     8  of the Supreme Court of Pennsylvania.
     9     "Department" means the Department of Education.
    10     "District justice" means a justice of the peace elected or
    11  appointed to a term of office on or after January 1, 1970.
    12     "Political subdivision" means a city of the second class, a
    13  city of the second class A, city of the third class, borough,
    14  incorporated town and townships of the first or second class or
    15  any similar general purpose unit of government hereafter created
    16  by the General Assembly.
    17     "Population" means the number of persons residing within a
    18  political subdivision or part thereof as determined by the then
    19  current Federal decennial or Federal special census.
    20     "Population density" means the number of persons residing
    21  within a political subdivision or part thereof as determined by
    22  dividing said number by the land area expressed in square miles
    23  as determined in the official publication by the Bureau of
    24  Statistics of the Department of Commerce.
    25                             ARTICLE II
    26               Magisterial Districts and Compensation
    27     Section 201.  Classification of Magisterial Districts.--(a)
    28  Second class counties.--The classes of magisterial districts in
    29  judicial districts coextensive with counties of the second class
    30  shall be determined as follows:
    19750H1375B3183                  - 2 -

     1     (1)  Magisterial districts of the first class shall have a
     2  population density of more than 5,000 persons per square mile
     3  and a population of not less than 65,000 persons.
     4     (2)  Magisterial districts of the second class shall have a
     5  population density of more than 500 persons per square mile and
     6  a population of between 22,500 and 65,000 persons.
     7     (3)  Magisterial districts of the third class shall have a
     8  population density of more than 200 persons per square mile and
     9  a population of between 12,000 and 22,500 persons.
    10     (4)  Magisterial districts of the fourth class shall have a
    11  population density of more than 70 persons per square mile and a
    12  population of between 7,500 and 12,000 persons.
    13     (5)  Magisterial districts of the fifth class shall have a
    14  population density of less than 70 persons per square mile and a
    15  population of between 4,000 and 7,500 persons.
    16     (b)  Other counties.--The classes of magisterial districts in
    17  judicial districts not coextensive with counties of the first
    18  class or counties of the second class shall be determined as
    19  follows:
    20     (1)  Magisterial districts of the first class shall have a
    21  population density of more than 1,000 persons per square mile
    22  and a population of not less than 15,000 persons.
    23     (2)  Magisterial districts of the second class shall have a
    24  population density of more than 400 persons per square mile and
    25  a population of not less than 4,000 persons.
    26     (3)  Magisterial districts of the third class shall have a
    27  population density of less than 400 persons per square mile and
    28  a population of not less than 4,000 persons.
    29     (4)  Magisterial districts of the fourth class shall have a
    30  population density of less than 400 persons per square mile and
    19750H1375B3183                  - 3 -

     1  a population of between 2,000 and 4,000 persons. The number of
     2  magisterial districts of the fourth class within a judicial
     3  district shall not be increased.
     4     Section 202.  Reestablishment of Magisterial Districts.--(a)
     5  General rule.--In each year following that in which the Federal
     6  decennial census is officially reported as required by Federal
     7  law the court shall reestablish the number, boundaries and
     8  classes of magisterial districts within each judicial district
     9  except:
    10     (1)  The first judicial district.
    11     (2)  Any judicial district where a community court has been
    12  established and not discontinued.
    13  The number, boundaries and class of magisterial districts within
    14  each judicial district shall be revised from time to time as
    15  required for the efficient administration of justice within each
    16  magisterial district.
    17     (b)  Discontinuance of community court.--The court upon the
    18  discontinuance of a community court shall establish the number,
    19  boundaries and classes of magisterial districts within the
    20  judicial district embracing such discontinued community court.
    21  Such action shall be completed prior to the first Monday of
    22  January of the odd-numbered year next following the primary
    23  election at which the discontinuance of the community court is
    24  approved.
    25     (c)  Standards for establishment of magisterial districts.--
    26  In the case of a political subdivision containing within its
    27  boundaries two or more magisterial districts, the court shall
    28  divide the political subdivision into magisterial districts as
    29  nearly equal as possible in population and area, and the court
    30  may presume that the population density of each part of a
    19750H1375B3183                  - 4 -

     1  political subdivision is the same population density as for the
     2  whole political subdivision. The court in establishing the
     3  number and boundaries of magisterial districts shall not
     4  subdivide political subdivisions unless either:
     5     (1)  the political subdivision contains two or more
     6  noncontiguous parts; or
     7     (2)  the political subdivision contains within its boundaries
     8  two or more magisterial districts, in which case wards or other
     9  election districts of the political subdivision shall not be
    10  subdivided.
    11     Section 203.  Number of Justices.--There shall be one
    12  district justice for each magisterial district established.
    13     Section 204.  Full-time Occupation.--The office of district
    14  justice shall be a full-time position and any holder thereof
    15  shall not engage in any other gainful employment except that of
    16  district justice. No district justice shall hold any other
    17  elected or appointed public office in the Commonwealth. All
    18  district justices shall be subject to the Canons of Ethics
    19  applied to judges of the courts of common pleas of this
    20  Commonwealth in so far as such canons apply to salaries, full-
    21  time duties and conflicts of interest.
    22     Section 205.  Retired District Justices.--Retired district
    23  justices, who retire subsequent to January 1, 1976, may be
    24  eligible for recall to duty by the district justice
    25  administrator at the same per diem salary as paid to a district
    26  justice serving outside of the elected magisterial district.
    27     A qualified retired district justice, who wishes to be
    28  recalled for duty, shall register with the district justice
    29  administrator and agree to abide by any rules and regulations
    30  set forth by the administrator.
    19750H1375B3183                  - 5 -

     1     Retired district justices shall not include district justices
     2  defeated for reelection by the electorate, nor shall it include
     3  any district justice who was suspended or removed from office.
     4     Section 206.  Compensation.--(a) Annual compensation.--A
     5  district justice shall receive an annual salary of $19,500 paid
     6  by the Commonwealth in bimonthly installments. The court of
     7  common pleas of the judicial district in which the district
     8  justice presides shall certify the number of district justices
     9  within the judicial district to the State Treasurer.
    10     (b)  Expenses while temporarily assigned.--Any district
    11  justice temporarily assigned to sit outside the political
    12  subdivision in which such justice's magisterial district is
    13  located shall be paid by the county, in which magisterial
    14  district the justice is temporarily assigned to, the actual,
    15  accountable expenses, not to exceed $44 per day, and mileage at
    16  15¢ per mile for each day as such justice is so assigned.
    17     Section 207.  Mandatory Liability Insurance.--Every district
    18  magistrate shall be covered by an errors and omissions liability
    19  insurance policy to be purchased by the Commonwealth in such
    20  amounts as are set forth by the Supreme Court. In meeting its
    21  obligation under this section, the Commonwealth shall purchase
    22  one policy covering all district magistrates within the
    23  Commonwealth.
    24     The cost of such liability insurance shall be equally divided
    25  between the Commonwealth and the individual district justices.
    26     Section 208.  Offices.--The district justice shall establish
    27  an office or offices within the magisterial district in
    28  locations approved by the president judge of the court of common
    29  pleas in compliance with standards and rules prescribed by the
    30  Supreme Court.
    19750H1375B3183                  - 6 -

     1     Reasonable costs and expenses incident to the establishment,
     2  maintenance and operation of offices of district justices as
     3  approved by the president judge of the court of common pleas and
     4  the county commissioners in compliance with standards and rules
     5  prescribed by the Supreme Court shall be paid by the county in
     6  which the offices are located.
     7     Section 209.  Disposition.--(a) Costs.--Costs collected by a
     8  district justice shall be paid monthly to the Commonwealth in
     9  amounts as prescribed in subsection (b), and the balance shall
    10  be paid monthly to the county in which the magisterial district
    11  is located. Costs paid to the Commonwealth shall be credited to
    12  the General Fund. Costs paid to the county shall be retained by
    13  the county for its use.
    14     (b)  Commonwealth share.--Amounts payable to the
    15  Commonwealth:
    16     (1)  Summary convictions, except motor vehicle
    17          cases ........................................... $ 5.00
    18     (2)  Summary convictions, motor vehicle cases other
    19          than (3) below .................................. $ 5.00
    20     (3)  Summary convictions, motor vehicle cases, 
    21          hearing demanded ................................ $ 5.00
    22     (4)  Misdemeanor ..................................... $ 7.00
    23     (5)  Felony .......................................... $ 8.00
    24     (6)  Assumpsit or trespass involving
    25             (i)  $100 or less ............................ $ 2.50
    26             (ii)  More than $100 but not more than
    27                   $300 ................................... $ 5.00
    28             (iii)  More than $300 but not more than
    29                   $500 ................................... $ 7.50
    30             (iv)  More than $500 ......................... $10.00
    19750H1375B3183                  - 7 -

     1     (7)  Landlord-tenant proceeding ...................... $10.00
     2     (8)  Order of execution .............................. $10.00
     3     (9)  Issuing a search warrant ........................ $ 7.00
     4                            ARTICLE III
     5                         Powers and Duties
     6     Section 301.  Powers of District Justices.--Every district
     7  justice shall have power to issue every lawful process to or to
     8  be served or enforced by system and related personnel and to
     9  make such lawful orders as his official business may require.
    10     Section 302.  Seal.--Each magisterial district shall have a
    11  seal, which shall be in the custody of the district justice
    12  elected or appointed for such district. The official acts of the
    13  district justice shall be authenticated therewith. There shall
    14  be engraved on the seal such inscription as may be specified by
    15  general rule.
    16     Section 303.  Jurisdiction.--Except as otherwise provided,
    17  district justices shall, under procedures prescribed by general
    18  rule, have jurisdiction of the following matters:
    19     (1)  All civil claims wherein the sum demanded does not
    20  exceed $2,000, exclusive of interest and costs, in the following
    21  classes of cases:
    22     (i)  actions in assumpsit, except cases where the title to
    23  real estate may be in question;
    24     (ii)  actions in trespass, including all forms of trespass
    25  and trespass on the case; and
    26     (iii)  actions for fines and penalties by any government
    27  agency.
    28  A plaintiff may waive a portion of the claim of more than $2,000
    29  so as to bring the matter within the jurisdiction of a district
    30  justice. Such waiver shall remain effective except upon appeal
    19750H1375B3183                  - 8 -

     1  by either party or when the judgment is set aside upon
     2  certiorari.
     3     (2)  All summary offenses, except those within the
     4  jurisdiction of an established and open traffic court.
     5     (3)  All violations under the provisions of section 1037 of
     6  the act of April 29, 1959 (P.L.58, No.32), known as "The Vehicle
     7  Code," provided the following criteria are met:
     8     (i)  the violation is a first offense;
     9     (ii)  no personal injury resulted from the violation;
    10     (iii)  no property damage resulted from the violation; and
    11     (iv)  the defendant pleads guilty.
    12  The arresting authority shall transmit a copy of the charge of
    13  any violation of section 1037 of "The Vehicle Code," to the
    14  county clerk of courts within five days after the preliminary
    15  arraignment. Within ten days after the disposition, the district
    16  justice shall certify the disposition to the county clerk of
    17  courts.
    18     (4)  All violations under the provisions of Title 18 (Crimes
    19  and Offenses) of the act of November 25, 1970 (P.L.707, No.230),
    20  known as the Pennsylvania Consolidated Statutes which are
    21  classified as misdemeanors of the third degree, except
    22  violations under sections 4303, 4321, 4323 and 5103 of Title 18,
    23  provided the following criteria are met:
    24     (i)  the misdemeanor is not the result of a reduced charge;
    25     (ii)  the defendant pleads guilty; and
    26     (iii) any personal injury and/or property damage is less than
    27  $100.
    28     (5)  Matters arising under the act of April 6, 1951 (P.L.69,
    29  No.20), known as "The Landlord and Tenant Act of 1951," which
    30  are stated therein to be within the jurisdiction of a justice of
    19750H1375B3183                  - 9 -

     1  the peace.
     2     (6)  As commissioners to preside at arraignments, fix and
     3  accept bail, issue warrants and perform duties of a similar
     4  nature including the jurisdiction of a committing magistrate in
     5  all criminal proceedings.
     6     (7)  All matters jurisdiction of which is vested in district
     7  justices by any statute.
     8     Section 304.  Venue and Process.--(a) Venue.--The venue of a
     9  district justice concerning matters over which jurisdiction is
    10  conferred by section 303 shall be as prescribed by general rule.
    11     (b)  Process.--The process of the district justice shall
    12  extend beyond the limits of the magisterial district to the
    13  extent prescribed by general rule.
    14     Section 305.  Lien of Judgment.--No judgment of a district
    15  justice shall in any manner operate as a lien on real property
    16  until a transcript of the record showing a final judgment of a
    17  district justice has been filed in the manner prescribed by
    18  general rules in the office of the clerk of the court of common
    19  pleas of the county where the property is situated, or in the
    20  office of the clerk of the branch of the court of common pleas
    21  embracing such county. After such entry the judgment shall, from
    22  the date of such entry, be a lien upon property to the same
    23  extent that judgment recovered in the court of common pleas is a
    24  lien. No such transcript shall be filed until after 30 days
    25  after the entry of final judgment by the district justice. No
    26  execution against real estate shall be issued by a district
    27  justice.
    28                             ARTICLE IV
    29                               Costs
    30     Section 401.  Criminal Cases.--The costs to be charged by the
    19750H1375B3183                 - 10 -

     1  minor judiciary in every criminal case, except as hereinafter
     2  provided, shall be as follows:
     3     (1)  Summary conviction, except motor vehicle cases..  $16.00
     4     (2)  Summary convictions, motor vehicle cases,
     5          other than (3) below............................. $10.00
     6     (3)  Summary convictions, motor vehicle cases,
     7          hearing demanded................................  $15.00
     8     (4)  Misdemeanor.....................................  $20.00
     9     (5)  Felony..........................................  $25.00
    10                                                            $25.00
    11     Such costs shall include all charges including the costs of
    12  postage and registered mail and the costs of giving a transcript
    13  to the prosecutor or defendant, or both, if requested.
    14     Section 402.  Payment of Summary Conviction Costs by
    15  County.--(a) Division of costs.--In every case of summary
    16  conviction in which the evidence is not sufficient to convict
    17  and the defendant is dismissed, the costs thereof shall be borne
    18  by the county if the prosecutor is a police officer engaged as
    19  such in the employ of this Commonwealth or of any of its
    20  political subdivisions. In all other cases, the costs shall be
    21  paid by the prosecutor or by the defendant if so permitted by
    22  law.
    23     (b)  County to pay where default.--In every case of summary
    24  conviction in which the defendant is convicted and sentenced to
    25  jail in default of the payment of the fine and costs imposed,
    26  the costs of prosecution shall be paid by the county.
    27     (c)  County of the second class.--In any case before a
    28  salaried magistrate where costs are payable by a county of the
    29  second class, the costs chargeable to the county shall be one-
    30  half of the costs set forth in section 401.
    19750H1375B3183                 - 11 -

     1     Section 403.  Civil Cases.--The costs to be charged by the
     2  minor judiciary in every civil case, except as hereinafter
     3  provided, shall be as follows:
     4     (1)  Assumpsit or trespass involving $100 or less..... $10.00
     5     (2)  Assumpsit or trespass involving more than
     6          $100 but not more than $300...................... $15.00
     7     (3)  Assumpsit or trespass involving more than
     8          $300 but not more than $500...................... $20.00
     9     (4)  Assumpsit or trespass involving more than $500... $25.00
    10     (5)  Landlord and tenant proceeding................... $25.00
    11     (6)  Order of execution............................... $15.00
    12     Such costs shall include all charges including, when called
    13  for, the costs relating to depositions and interrogatories and
    14  the costs of postage and registered mail, except the costs of a
    15  transcript of every proceeding on appeal or certiorari
    16  (including affidavit, bail and certificate), which shall be
    17  $2.50 per transcript.
    18     Section 404.  Unclassified Costs or Charges.--The costs to be
    19  charged by the minor judiciary in the following instances not
    20  readily classifiable shall be as follows:
    21     (1)  Order for relief or removal of pauper............  $3.00
    22     (2)  Order to seize goods for maintenance of
    23          wife or children.................................  $3.00
    24     (3)  Entering transcript of judgment from another
    25          member of the minor judiciary....................  $3.00
    26     (4)  Certificate to obtain land warrant...............  $3.00
    27     (5)  Marrying each couple, making record thereof,
    28          and certificate to the parties...................  $5.00
    29     (6)  Swearing and affirming county, township, or
    30          other public officer, each officer...............  $3.00
    19750H1375B3183                 - 12 -

     1     (7)  Probating accounts...............................  $3.00
     2     (8)  Issuing a search warrant......................... $10.00
     3     Section 405.  Federal Cases.--The costs to be charged by the
     4  minor judiciary for services under the laws of the United States
     5  shall be as follows:
     6     (1)  For certificate of protection....................  $2.00
     7     (2)  For certificate of lost protection...............  $2.00
     8     (3)  Warrant..........................................  $2.00
     9     (4)  Commitment.......................................  $2.00
    10     (5)  Summons for seamen in admiralty case.............  $2.00
    11             hearing thereon...............................  $2.00
    12     (6)  For certificate to clerk of the district court
    13          to issue admiralty process.......................  $2.00
    14     (7)  For affidavit of claims and copies thereof.......  $2.00
    15     (8)  Affidavit of defense.............................  $2.00
    16                             ARTICLE V
    17                             Education
    18     Section 501.  Minor Judiciary Education Board; Department of
    19  Education.--There shall be appointed by the Governor with the
    20  consent of two-thirds of the members elected to the Senate an
    21  administrative board composed of seven members to be known as
    22  the "Minor Judiciary Education Board." Three of the members of
    23  the board shall be members of the bar of the Pennsylvania
    24  Supreme Court, three of the members shall be district justices
    25  or judges of the Traffic Court of the City of Philadelphia, and
    26  one member shall be a lay citizen. Three members shall be
    27  appointed for terms of five years, three members shall be
    28  appointed for terms of four years, and one member shall be
    29  appointed for a term of three years, and until their successors
    30  have been appointed and qualified. Thereafter each appointment
    19750H1375B3183                 - 13 -

     1  shall be for a term of five years and until a successor has been
     2  appointed and qualified. Four members of the board shall
     3  constitute a quorum; and, no action of the board shall be valid
     4  unless it shall have the concurrence of at least four members.
     5  Each member shall be paid $50 for each day or part thereof upon
     6  which he attends a board meeting, or performs any duty assigned
     7  to him by the chairman; and, he shall be reimbursed for
     8  reasonable traveling or other expenses incurred incident to such
     9  attendance and to such assigned duty. The board shall organize
    10  by electing a chairman. The board shall prescribe and approve
    11  the subject matter and the examination for the course of
    12  instruction and training required by the Constitution of the
    13  Commonwealth of Pennsylvania and this act. The department shall
    14  serve as the administrative officers of the board and in such
    15  capacity shall, subject to the direction of the board,
    16  administer the course of instruction and training and conduct
    17  the examination.
    18     Section 502.  Course of Instruction.--District justices shall
    19  complete a course of training and instruction in the duties of
    20  their offices as required by the Constitution of the
    21  Commonwealth of Pennsylvania and successfully pass an
    22  examination prior to filing a nominating petition for a
    23  candidacy in a primary election for the office of district
    24  justice, which course of training and instruction shall not
    25  exceed four weeks in duration and shall consist of a minimum of
    26  40 hours of class instruction in civil and criminal law
    27  including evidence, procedure, summary proceeding, and laws
    28  relating to motor vehicles. The department shall make the course
    29  of instruction available at such times as determined by it and
    30  the board, so as to insure that any district justice, to be
    19750H1375B3183                 - 14 -

     1  elected or appointed may qualify to assume office as soon as
     2  possible. By regulation the board shall direct the department to
     3  conduct the course at such time, at such places and in such
     4  manner as it shall prescribe.
     5     In addition to those required by the Constitution of the
     6  Commonwealth of Pennsylvania and this act to complete the course
     7  of training and instruction and successfully pass an examination
     8  prior to filing a nominating petition for a candidacy in a
     9  primary election for the office of district justice, any
    10  interested person may apply to the department to be enrolled in
    11  the course of instruction and take the examination, subject to
    12  such rules and regulations as the department with the approval
    13  of the board may determine. Any such interested person who
    14  successfully completes the course and passes the examination
    15  shall secure an appropriate certificate from the department and
    16  file same as set forth in section 505.
    17     Section 503.  Costs.--The course of training and instruction
    18  required by the Constitution of the Commonwealth of Pennsylvania
    19  and this act shall be provided at the expense of the
    20  Commonwealth. Until such person has successfully completed the
    21  course of training and instruction and passed the examination,
    22  he shall not file any nominating petition for the office of
    23  district justice anywhere in the Commonwealth.
    24     Section 504.--Rules and Regulations.--The department shall,
    25  with the approval of the board, have the power to promulgate
    26  such rules and regulations as are necessary to carry out its
    27  duties under this act.
    28     Section 505.  Completion of Course.--Upon the successful
    29  completion of the course of training and instruction and
    30  examination, the department shall issue a certificate in the
    19750H1375B3183                 - 15 -

     1  form prescribed by the board, certifying that such person is
     2  qualified to perform his duties as required by the Constitution
     3  of the Commonwealth of Pennsylvania. Such certificate shall be
     4  filed in the office of the prothonotary of the county in which
     5  the district justice resides. In the event that an appointed
     6  district justice as required by the Constitution of the
     7  Commonwealth of Pennsylvania and this act to successfully
     8  complete such course, has failed to obtain and file such
     9  certificate in the proper prothonotary's office within nine
    10  months after his appointment, said office of district justice or
    11  judge shall be vacant, such vacancy to be filled as otherwise
    12  provided by law, and in the case of justice of the peace, said
    13  office shall be abolished.
    14     Section 506.  Continuing Education Requirement.--Every
    15  district justice shall complete a continuing education program
    16  each year equivalent to not less than 32 hours per year in such
    17  courses or programs as are approved by the board.
    18                             ARTICLE VI
    19                   District Justice Administrator
    20     Section 601.  Office of District Justice Administrator.--
    21  There is hereby established within the Administrative Office of
    22  Pennsylvania Courts a branch office to be known as the Office of
    23  District Justice Administrator to be supervised by such person
    24  as the Supreme Court shall appoint to act as administrator.
    25     Section 602.  Powers and Duties.--The district justice
    26  administrator shall have the following powers and duties:
    27     (1)  to be responsible for the prompt and proper disposition
    28  of the business of all district justices;
    29     (2)  to perform all functions now carried out by the court
    30  administrator;
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     1     (3)  to require and receive reports from the various judicial
     2  districts relating to the utilization of the district justices
     3  in the judicial districts;
     4     (4)  to transfer the various district justices to other
     5  judicial districts on a temporary basis in an effort to remove
     6  any backlog of cases;
     7     (5)  to prescribe forms to be used by district justices;
     8     (6)  to make such rules and regulations as are necessary to
     9  the efficient functioning of the Office of District Justice
    10  Administrator; and
    11     (7)  to employ such individuals as approved by the Supreme
    12  Court to implement the provisions of this act.
    13                            ARTICLE VII
    14                      Miscellaneous Provisions
    15     Section 701.  Repealers.--(a) Specific repealers.--
    16     (1)  The act of January 7, 1952 (P.L.1841, No.492), known as
    17  the "Minor Judiciary Fee Bill."
    18     (2)  The act of December 2, 1968 (P.L.1131, No.352), known as
    19  the "Magisterial Districts Act," in so far as it relates to
    20  district justices and magisterial districts outside of cities
    21  and counties of the first class.
    22     (3)  The act of February 24, 1970 (P.L.53, No.22), known as
    23  the "Minor Judiciary Education Act," in so far as it relates to
    24  district justices.
    25     (b)  General repealer.--Any act or part of an act
    26  inconsistent with the provisions of this act is repealed to the
    27  extent of the inconsistency.
    28     Section 702.  Effective Date.--This act shall take effect
    29  July 1, 1976.
    30     SECTION 1.  SUBSECTION (A) OF SECTION 5, ACT OF DECEMBER 2,    <--
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     1  1968 (P.L.1131, NO.352), KNOWN AS THE "MAGISTERIAL DISTRICTS
     2  ACT," AMENDED JULY 27, 1973 (P.L.244, NO.68), IS AMENDED TO
     3  READ:
     4     SECTION 5.  SALARIES.--(A) A DISTRICT JUSTICE SHALL RECEIVE
     5  AN ANNUAL SALARY PAID BY THE COMMONWEALTH AND COMPUTED BY ADDING
     6  TO [SIX THOUSAND DOLLARS ($6,000)] NINE THOUSAND DOLLARS
     7  ($9,000) THE PRODUCT OF THE POPULATION OF HIS MAGISTERIAL
     8  DISTRICT TIMES FORTY CENTS (40¢), BUT IN NO EVENT SHALL THE
     9  SALARY EXCEED [SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($16,500)]
    10  NINETEEN THOUSAND FIVE HUNDRED DOLLARS ($19,500) OR BE LESS THAN
    11  [SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500)] TEN THOUSAND FIVE
    12  HUNDRED DOLLARS ($10,500).
    13     * * *
    14     SECTION 2.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.











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