CORRECTIVE REPRINT PRIOR PRINTER'S NOS. 1604, 1844, 3004, PRINTER'S NO. 3293 3183, 3272
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 25, 1976
AN ACT 1 Amending the act of December 2, 1968 (P.L.1131, No.352), <-- 2 entitled "An act implementing the provision of subsection (b) 3 of section 7 of Article V of the Constitution of Pennsylvania 4 authorizing the General Assembly to establish classes of 5 magisterial districts and salaries of district justices of 6 the peace and providing for their offices and the disposition 7 of costs," increasing the base and the minimum and maximum 8 salaries. 9 IMPLEMENTING THE PROVISIONS OF ARTICLE V OF THE CONSTITUTION OF <-- 10 PENNSYLVANIA RELATING TO DISTRICT JUSTICES; ESTABLISHING 11 MAGISTERIAL DISTRICTS; SETTING SALARIES AND EXPENSES; 12 PROVIDING FOR CERTAIN EDUCATION REQUIREMENTS; FIXING 13 JURISDICTION; CREATING AN ADMINISTRATOR FOR DISTRICT JUSTICES 14 AND IMPOSING POWERS AND DUTIES ON SUCH ADMINISTRATOR; 15 REQUIRING CERTAIN LIABILITY INSURANCE; AND MAKING REPEALS. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Subsection (a) of section 5, act of December 2, <-- 19 1968 (P.L.1131, No.352), known as the "Magisterial Districts 20 Act," amended July 27, 1973 (P.L.244, No.68), is amended to 21 read: 22 Section 5. Salaries.--(a) A district justice shall receive
1 an annual salary paid by the Commonwealth and computed by adding 2 to [six thousand dollars ($6,000)] nine thousand dollars 3 ($9,000) the product of the population of his magisterial 4 district times forty cents (40¢), but in no event shall the 5 salary exceed [sixteen thousand five hundred dollars ($16,500)] 6 nineteen thousand five hundred dollars ($19,500) or be less than 7 [seven thousand five hundred dollars ($7,500)] ten thousand five 8 hundred dollars ($10,500). 9 * * * 10 Section 2. This act shall take effect immediately. 11 ARTICLE I <-- 12 PRELIMINARY PROVISIONS 13 SECTION 101. SHORT TITLE.--THIS ACT SHALL BE KNOWN AND MAY 14 BE CITED AS THE "MAGISTERIAL DISTRICT REFORM ACT." 15 SECTION 102. APPLICATION.--EXCEPT FOR MAGISTERIAL DISTRICTS 16 IN CITIES OF THE FIRST CLASS AND COUNTIES OF THE FIRST CLASS, 17 THIS ACT SHALL APPLY TO ALL MAGISTERIAL DISTRICTS IN THIS 18 COMMONWEALTH. 19 SECTION 103. DEFINITIONS.--AS USED IN THIS ACT: 20 "BOARD" MEANS THE ADMINISTRATIVE BOARD KNOWN AS THE "MINOR 21 JUDICIARY EDUCATION BOARD" ESTABLISHED BY THIS ACT. 22 "COURT" MEANS THE SUPREME COURT OF PENNSYLVANIA OR THE COURT 23 OF COMMON PLEAS FOR EACH JUDICIAL DISTRICT UNDER THE DIRECTION 24 OF THE SUPREME COURT OF PENNSYLVANIA. 25 "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION. 26 "DISTRICT JUSTICE" MEANS A JUSTICE OF THE PEACE ELECTED OR 27 APPOINTED TO A TERM OF OFFICE ON OR AFTER JANUARY 1, 1970. 28 "POLITICAL SUBDIVISION" MEANS A CITY OF THE SECOND CLASS, A 29 CITY OF THE SECOND CLASS A, CITY OF THE THIRD CLASS, BOROUGH, 30 INCORPORATED TOWN AND TOWNSHIPS OF THE FIRST OR SECOND CLASS OR 19750H1375B3293 - 2 -
1 ANY SIMILAR GENERAL PURPOSE UNIT OF GOVERNMENT HEREAFTER CREATED 2 BY THE GENERAL ASSEMBLY. 3 "POPULATION" MEANS THE NUMBER OF PERSONS RESIDING WITHIN A 4 POLITICAL SUBDIVISION OR PART THEREOF AS DETERMINED BY THE THEN 5 CURRENT FEDERAL DECENNIAL OR FEDERAL SPECIAL CENSUS. 6 "POPULATION DENSITY" MEANS THE NUMBER OF PERSONS RESIDING 7 WITHIN A POLITICAL SUBDIVISION OR PART THEREOF AS DETERMINED BY 8 DIVIDING SAID NUMBER BY THE LAND AREA EXPRESSED IN SQUARE MILES 9 AS DETERMINED IN THE OFFICIAL PUBLICATION BY THE BUREAU OF 10 STATISTICS OF THE DEPARTMENT OF COMMERCE. 11 ARTICLE II 12 MAGISTERIAL DISTRICTS AND COMPENSATION 13 SECTION 201. CLASSIFICATION OF MAGISTERIAL DISTRICTS.--(A) 14 SECOND CLASS COUNTIES.--THE CLASSES OF MAGISTERIAL DISTRICTS IN 15 JUDICIAL DISTRICTS COEXTENSIVE WITH COUNTIES OF THE SECOND CLASS 16 SHALL BE DETERMINED AS FOLLOWS: 17 (1) MAGISTERIAL DISTRICTS OF THE FIRST CLASS SHALL HAVE A 18 POPULATION DENSITY OF MORE THAN 5,000 PERSONS PER SQUARE MILE 19 AND A POPULATION OF NOT LESS THAN 65,000 PERSONS. 20 (2) MAGISTERIAL DISTRICTS OF THE SECOND CLASS SHALL HAVE A 21 POPULATION DENSITY OF MORE THAN 500 PERSONS PER SQUARE MILE AND 22 A POPULATION OF BETWEEN 22,500 AND 65,000 PERSONS. 23 (3) MAGISTERIAL DISTRICTS OF THE THIRD CLASS SHALL HAVE A 24 POPULATION DENSITY OF MORE THAN 200 PERSONS PER SQUARE MILE AND 25 A POPULATION OF BETWEEN 12,000 AND 22,500 PERSONS. 26 (4) MAGISTERIAL DISTRICTS OF THE FOURTH CLASS SHALL HAVE A 27 POPULATION DENSITY OF MORE THAN 70 PERSONS PER SQUARE MILE AND A 28 POPULATION OF BETWEEN 7,500 AND 12,000 PERSONS. 29 (5) MAGISTERIAL DISTRICTS OF THE FIFTH CLASS SHALL HAVE A 30 POPULATION DENSITY OF LESS THAN 70 PERSONS PER SQUARE MILE AND A 19750H1375B3293 - 3 -
1 POPULATION OF BETWEEN 4,000 AND 7,500 PERSONS. 2 (B) OTHER COUNTIES.--THE CLASSES OF MAGISTERIAL DISTRICTS IN 3 JUDICIAL DISTRICTS NOT COEXTENSIVE WITH COUNTIES OF THE FIRST 4 CLASS OR COUNTIES OF THE SECOND CLASS SHALL BE DETERMINED AS 5 FOLLOWS: 6 (1) MAGISTERIAL DISTRICTS OF THE FIRST CLASS SHALL HAVE A 7 POPULATION DENSITY OF MORE THAN 1,000 PERSONS PER SQUARE MILE 8 AND A POPULATION OF NOT LESS THAN 15,000 PERSONS. 9 (2) MAGISTERIAL DISTRICTS OF THE SECOND CLASS SHALL HAVE A 10 POPULATION DENSITY OF MORE THAN 400 PERSONS PER SQUARE MILE AND 11 A POPULATION OF NOT LESS THAN 4,000 PERSONS. 12 (3) MAGISTERIAL DISTRICTS OF THE THIRD CLASS SHALL HAVE A 13 POPULATION DENSITY OF LESS THAN 400 PERSONS PER SQUARE MILE AND 14 A POPULATION OF NOT LESS THAN 4,000 PERSONS. 15 (4) MAGISTERIAL DISTRICTS OF THE FOURTH CLASS SHALL HAVE A 16 POPULATION DENSITY OF LESS THAN 400 PERSONS PER SQUARE MILE AND 17 A POPULATION OF BETWEEN 2,000 AND 4,000 PERSONS. THE NUMBER OF 18 MAGISTERIAL DISTRICTS OF THE FOURTH CLASS WITHIN A JUDICIAL 19 DISTRICT SHALL NOT BE INCREASED. 20 SECTION 202. REESTABLISHMENT OF MAGISTERIAL DISTRICTS.--(A) 21 GENERAL RULE.--IN EACH YEAR FOLLOWING THAT IN WHICH THE FEDERAL 22 DECENNIAL CENSUS IS OFFICIALLY REPORTED AS REQUIRED BY FEDERAL 23 LAW THE COURT SHALL REESTABLISH THE NUMBER, BOUNDARIES AND 24 CLASSES OF MAGISTERIAL DISTRICTS WITHIN EACH JUDICIAL DISTRICT 25 EXCEPT: 26 (1) THE FIRST JUDICIAL DISTRICT. 27 (2) ANY JUDICIAL DISTRICT WHERE A COMMUNITY COURT HAS BEEN 28 ESTABLISHED AND NOT DISCONTINUED. 29 THE NUMBER, BOUNDARIES AND CLASS OF MAGISTERIAL DISTRICTS WITHIN 30 EACH JUDICIAL DISTRICT SHALL BE REVISED FROM TIME TO TIME AS 19750H1375B3293 - 4 -
1 REQUIRED FOR THE EFFICIENT ADMINISTRATION OF JUSTICE WITHIN EACH 2 MAGISTERIAL DISTRICT. 3 (B) DISCONTINUANCE OF COMMUNITY COURT.--THE COURT UPON THE 4 DISCONTINUANCE OF A COMMUNITY COURT SHALL ESTABLISH THE NUMBER, 5 BOUNDARIES AND CLASSES OF MAGISTERIAL DISTRICTS WITHIN THE 6 JUDICIAL DISTRICT EMBRACING SUCH DISCONTINUED COMMUNITY COURT. 7 SUCH ACTION SHALL BE COMPLETED PRIOR TO THE FIRST MONDAY OF 8 JANUARY OF THE ODD-NUMBERED YEAR NEXT FOLLOWING THE PRIMARY 9 ELECTION AT WHICH THE DISCONTINUANCE OF THE COMMUNITY COURT IS 10 APPROVED. 11 (C) STANDARDS FOR ESTABLISHMENT OF MAGISTERIAL DISTRICTS.-- 12 IN THE CASE OF A POLITICAL SUBDIVISION CONTAINING WITHIN ITS 13 BOUNDARIES TWO OR MORE MAGISTERIAL DISTRICTS, THE COURT SHALL 14 DIVIDE THE POLITICAL SUBDIVISION INTO MAGISTERIAL DISTRICTS AS 15 NEARLY EQUAL AS POSSIBLE IN POPULATION AND AREA, AND THE COURT 16 MAY PRESUME THAT THE POPULATION DENSITY OF EACH PART OF A 17 POLITICAL SUBDIVISION IS THE SAME POPULATION DENSITY AS FOR THE 18 WHOLE POLITICAL SUBDIVISION. THE COURT IN ESTABLISHING THE 19 NUMBER AND BOUNDARIES OF MAGISTERIAL DISTRICTS SHALL NOT 20 SUBDIVIDE POLITICAL SUBDIVISIONS UNLESS EITHER: 21 (1) THE POLITICAL SUBDIVISION CONTAINS TWO OR MORE 22 NONCONTIGUOUS PARTS; OR 23 (2) THE POLITICAL SUBDIVISION CONTAINS WITHIN ITS BOUNDARIES 24 TWO OR MORE MAGISTERIAL DISTRICTS, IN WHICH CASE WARDS OR OTHER 25 ELECTION DISTRICTS OF THE POLITICAL SUBDIVISION SHALL NOT BE 26 SUBDIVIDED. 27 SECTION 203. NUMBER OF JUSTICES.--THERE SHALL BE ONE 28 DISTRICT JUSTICE FOR EACH MAGISTERIAL DISTRICT ESTABLISHED. 29 SECTION 204. PRIORITY OF JUDICIAL BUSINESS.--A DISTRICT 30 JUSTICE SHALL DEVOTE THE TIME NECESSARY FOR THE PROMPT AND 19750H1375B3293 - 5 -
1 PROPER DISPOSITION OF THE BUSINESS OF HIS OFFICE, WHICH SHALL BE 2 GIVEN PRIORITY OVER ANY OTHER OCCUPATION, BUSINESS, PROFESSION, 3 PURSUIT OR ACTIVITY. HE SHALL NOT USE OR PERMIT THE USE OF THE 4 PREMISES ESTABLISHED FOR THE DISPOSITION OF HIS MAGISTERIAL 5 BUSINESS FOR ANY OTHER OCCUPATION, BUSINESS, PROFESSION OR 6 GAINFUL PURSUIT. NO DISTRICT JUSTICE SHALL HOLD ANY OTHER 7 ELECTED OR APPOINTED PUBLIC OFFICE IN THE COMMONWEALTH. ALL 8 DISTRICT JUSTICES SHALL BE SUBJECT TO THE CANONS OF ETHICS 9 APPLIED TO JUDGES OF THE COURTS OF COMMON PLEAS OF THIS 10 COMMONWEALTH IN SO FAR AS SUCH CANONS APPLY TO SALARIES, FULL- 11 TIME DUTIES AND CONFLICTS OF INTEREST. 12 SECTION 205. RETIRED DISTRICT JUSTICES.--RETIRED DISTRICT 13 JUSTICES, WHO RETIRE SUBSEQUENT TO JANUARY 1, 1976, MAY BE 14 ELIGIBLE FOR RECALL TO DUTY BY THE DISTRICT JUSTICE 15 ADMINISTRATOR AT THE SAME PER DIEM SALARY AS PAID TO A DISTRICT 16 JUSTICE SERVING OUTSIDE OF THE ELECTED MAGISTERIAL DISTRICT. 17 A QUALIFIED RETIRED DISTRICT JUSTICE, WHO WISHES TO BE 18 RECALLED FOR DUTY, SHALL REGISTER WITH THE DISTRICT JUSTICE 19 ADMINISTRATOR AND AGREE TO ABIDE BY ANY RULES AND REGULATIONS 20 SET FORTH BY THE ADMINISTRATOR. 21 RETIRED DISTRICT JUSTICES SHALL NOT INCLUDE DISTRICT JUSTICES 22 DEFEATED FOR REELECTION BY THE ELECTORATE, NOR SHALL IT INCLUDE 23 ANY DISTRICT JUSTICE WHO WAS SUSPENDED OR REMOVED FROM OFFICE. 24 SECTION 206. COMPENSATION.--(A) A DISTRICT JUSTICE SHALL 25 RECEIVE AN ANNUAL SALARY PAID BY THE COMMONWEALTH AND COMPUTED 26 BY ADDING TO NINE THOUSAND DOLLARS ($9,000) THE PRODUCT OF THE 27 POPULATION OF HIS MAGISTERIAL DISTRICT TIMES FORTY CENTS (40¢), 28 BUT IN NO EVENT SHALL THE SALARY EXCEED NINETEEN THOUSAND FIVE 29 HUNDRED DOLLARS ($19,500) OR BE LESS THAN TEN THOUSAND FIVE 30 HUNDRED DOLLARS ($10,500). 19750H1375B3293 - 6 -
1 (B) EXPENSES WHILE TEMPORARILY ASSIGNED.--ANY DISTRICT 2 JUSTICE TEMPORARILY ASSIGNED TO SIT OUTSIDE THE POLITICAL 3 SUBDIVISION IN WHICH SUCH JUSTICE'S MAGISTERIAL DISTRICT IS 4 LOCATED SHALL BE PAID BY THE COUNTY, IN WHICH MAGISTERIAL 5 DISTRICT THE JUSTICE IS TEMPORARILY ASSIGNED TO, THE ACTUAL, 6 ACCOUNTABLE EXPENSES, NOT TO EXCEED $44 PER DAY, AND MILEAGE AT 7 15¢ PER MILE FOR EACH DAY AS SUCH JUSTICE IS SO ASSIGNED. 8 SECTION 207. MANDATORY LIABILITY INSURANCE.--EVERY DISTRICT 9 JUSTICE SHALL BE COVERED BY AN ERRORS AND OMISSIONS LIABILITY 10 INSURANCE POLICY TO BE PURCHASED BY THE COMMONWEALTH IN SUCH 11 AMOUNTS AS ARE SET FORTH BY THE SUPREME COURT. IN MEETING ITS 12 OBLIGATION UNDER THIS SECTION, THE COMMONWEALTH SHALL PURCHASE 13 ONE POLICY COVERING ALL DISTRICT JUSTICES WITHIN THE 14 COMMONWEALTH. 15 THE COST OF SUCH LIABILITY INSURANCE SHALL BE EQUALLY DIVIDED 16 BETWEEN THE COMMONWEALTH AND THE INDIVIDUAL DISTRICT JUSTICES. 17 SECTION 208. OFFICES.--THE DISTRICT JUSTICE SHALL ESTABLISH 18 AN OFFICE OR OFFICES WITHIN THE MAGISTERIAL DISTRICT IN 19 LOCATIONS APPROVED BY THE PRESIDENT JUDGE OF THE COURT OF COMMON 20 PLEAS IN COMPLIANCE WITH STANDARDS AND RULES PRESCRIBED BY THE 21 SUPREME COURT. 22 REASONABLE COSTS AND EXPENSES INCIDENT TO THE ESTABLISHMENT, 23 MAINTENANCE AND OPERATION OF OFFICES OF DISTRICT JUSTICES AS 24 APPROVED BY THE PRESIDENT JUDGE OF THE COURT OF COMMON PLEAS AND 25 THE COUNTY COMMISSIONERS IN COMPLIANCE WITH STANDARDS AND RULES 26 PRESCRIBED BY THE SUPREME COURT SHALL BE PAID BY THE COUNTY IN 27 WHICH THE OFFICES ARE LOCATED. 28 SECTION 209. DISPOSITION.--(A) COSTS.--COSTS COLLECTED BY A 29 DISTRICT JUSTICE SHALL BE PAID MONTHLY TO THE COMMONWEALTH IN 30 AMOUNTS AS PRESCRIBED IN SUBSECTION (B), AND THE BALANCE SHALL 19750H1375B3293 - 7 -
1 BE PAID MONTHLY TO THE COUNTY IN WHICH THE MAGISTERIAL DISTRICT 2 IS LOCATED. COSTS PAID TO THE COMMONWEALTH SHALL BE CREDITED TO 3 THE GENERAL FUND. COSTS PAID TO THE COUNTY SHALL BE RETAINED BY 4 THE COUNTY FOR ITS USE. 5 (B) COMMONWEALTH SHARE.--AMOUNTS PAYABLE TO THE 6 COMMONWEALTH: 7 (1) SUMMARY CONVICTIONS, EXCEPT MOTOR VEHICLE 8 CASES ........................................... $ 5.00 9 (2) SUMMARY CONVICTIONS, MOTOR VEHICLE CASES OTHER 10 THAN (3) BELOW .................................. $ 5.00 11 (3) SUMMARY CONVICTIONS, MOTOR VEHICLE CASES, 12 HEARING DEMANDED ................................ $ 5.00 13 (4) MISDEMEANOR ..................................... $ 7.00 14 (5) FELONY .......................................... $ 8.00 15 (6) ASSUMPSIT OR TRESPASS INVOLVING 16 (I) $100 OR LESS ............................ $ 2.50 17 (II) MORE THAN $100 BUT NOT MORE THAN 18 $300 ................................... $ 5.00 19 (III) MORE THAN $300 BUT NOT MORE THAN 20 $500 ................................... $ 7.50 21 (IV) MORE THAN $500 ......................... $10.00 22 (7) LANDLORD-TENANT PROCEEDING ...................... $10.00 23 (8) ORDER OF EXECUTION .............................. $10.00 24 (9) ISSUING A SEARCH WARRANT ........................ $ 7.00 25 ARTICLE III 26 POWERS AND DUTIES 27 SECTION 301. POWERS OF DISTRICT JUSTICES.--EVERY DISTRICT 28 JUSTICE SHALL HAVE POWER TO ISSUE EVERY LAWFUL PROCESS TO OR TO 29 BE SERVED OR ENFORCED BY SYSTEM AND RELATED PERSONNEL AND TO 30 MAKE SUCH LAWFUL ORDERS AS HIS OFFICIAL BUSINESS MAY REQUIRE. 19750H1375B3293 - 8 -
1 SECTION 302. SEAL.--EACH MAGISTERIAL DISTRICT SHALL HAVE A 2 SEAL, WHICH SHALL BE IN THE CUSTODY OF THE DISTRICT JUSTICE 3 ELECTED OR APPOINTED FOR SUCH DISTRICT. THE OFFICIAL ACTS OF THE 4 DISTRICT JUSTICE SHALL BE AUTHENTICATED THEREWITH. THERE SHALL 5 BE ENGRAVED ON THE SEAL SUCH INSCRIPTION AS MAY BE SPECIFIED BY 6 GENERAL RULE. 7 SECTION 303. JURISDICTION.--EXCEPT AS OTHERWISE PROVIDED, 8 DISTRICT JUSTICES SHALL, UNDER PROCEDURES PRESCRIBED BY GENERAL 9 RULE, HAVE JURISDICTION OF THE FOLLOWING MATTERS: 10 (1) ALL CIVIL CLAIMS WHEREIN THE SUM DEMANDED DOES NOT 11 EXCEED $2,000, EXCLUSIVE OF INTEREST AND COSTS, IN THE FOLLOWING 12 CLASSES OF CASES: 13 (I) ACTIONS IN ASSUMPSIT, EXCEPT CASES WHERE THE TITLE TO 14 REAL ESTATE MAY BE IN QUESTION; 15 (II) ACTIONS IN TRESPASS, INCLUDING ALL FORMS OF TRESPASS 16 AND TRESPASS ON THE CASE; AND 17 (III) ACTIONS FOR FINES AND PENALTIES BY ANY GOVERNMENT 18 AGENCY. 19 A PLAINTIFF MAY WAIVE A PORTION OF THE CLAIM OF MORE THAN $2,000 20 SO AS TO BRING THE MATTER WITHIN THE JURISDICTION OF A DISTRICT 21 JUSTICE. SUCH WAIVER SHALL REMAIN EFFECTIVE EXCEPT UPON APPEAL 22 BY EITHER PARTY OR WHEN THE JUDGMENT IS SET ASIDE UPON 23 CERTIORARI. 24 (2) ALL SUMMARY OFFENSES, EXCEPT THOSE WITHIN THE 25 JURISDICTION OF AN ESTABLISHED AND OPEN TRAFFIC COURT. 26 (3) ALL VIOLATIONS UNDER THE PROVISIONS OF SECTION 1037 OF 27 THE ACT OF APRIL 29, 1959 (P.L.58, NO.32), KNOWN AS "THE VEHICLE 28 CODE," PROVIDED THE FOLLOWING CRITERIA ARE MET: 29 (I) THE VIOLATION IS A FIRST OFFENSE; 30 (II) NO PERSONAL INJURY RESULTED FROM THE VIOLATION; 19750H1375B3293 - 9 -
1 (III) NO PROPERTY DAMAGE RESULTED FROM THE VIOLATION; AND 2 (IV) THE DEFENDANT PLEADS GUILTY. 3 THE ARRESTING AUTHORITY SHALL TRANSMIT A COPY OF THE CHARGE OF 4 ANY VIOLATION OF SECTION 1037 OF "THE VEHICLE CODE," TO THE 5 COUNTY CLERK OF COURTS WITHIN FIVE DAYS AFTER THE PRELIMINARY 6 ARRAIGNMENT. WITHIN TEN DAYS AFTER THE DISPOSITION, THE DISTRICT 7 JUSTICE SHALL CERTIFY THE DISPOSITION TO THE COUNTY CLERK OF 8 COURTS. 9 (4) ALL VIOLATIONS UNDER THE PROVISIONS OF TITLE 18 (CRIMES 10 AND OFFENSES) OF THE ACT OF NOVEMBER 25, 1970 (P.L.707, NO.230), 11 KNOWN AS THE PENNSYLVANIA CONSOLIDATED STATUTES WHICH ARE 12 CLASSIFIED AS MISDEMEANORS OF THE THIRD DEGREE, EXCEPT 13 VIOLATIONS UNDER SECTIONS 4303, 4321, 4323 AND 5103 OF TITLE 18, 14 PROVIDED THE FOLLOWING CRITERIA ARE MET: 15 (I) THE MISDEMEANOR IS NOT THE RESULT OF A REDUCED CHARGE; 16 (II) THE DEFENDANT PLEADS GUILTY; AND 17 (III) ANY PERSONAL INJURY AND/OR PROPERTY DAMAGE IS LESS THAN 18 $100. 19 (5) MATTERS ARISING UNDER THE ACT OF APRIL 6, 1951 (P.L.69, 20 NO.20), KNOWN AS "THE LANDLORD AND TENANT ACT OF 1951," WHICH 21 ARE STATED THEREIN TO BE WITHIN THE JURISDICTION OF A JUSTICE OF 22 THE PEACE. 23 (6) AS COMMISSIONERS TO PRESIDE AT ARRAIGNMENTS, FIX AND 24 ACCEPT BAIL, ISSUE WARRANTS AND PERFORM DUTIES OF A SIMILAR 25 NATURE INCLUDING THE JURISDICTION OF A COMMITTING MAGISTRATE IN 26 ALL CRIMINAL PROCEEDINGS. 27 (7) ALL MATTERS JURISDICTION OF WHICH IS VESTED IN DISTRICT 28 JUSTICES BY ANY STATUTE. 29 SECTION 304. VENUE AND PROCESS.--(A) VENUE.--THE VENUE OF A 30 DISTRICT JUSTICE CONCERNING MATTERS OVER WHICH JURISDICTION IS 19750H1375B3293 - 10 -
1 CONFERRED BY SECTION 303 SHALL BE AS PRESCRIBED BY GENERAL RULE. 2 (B) PROCESS.--THE PROCESS OF THE DISTRICT JUSTICE SHALL 3 EXTEND BEYOND THE LIMITS OF THE MAGISTERIAL DISTRICT TO THE 4 EXTENT PRESCRIBED BY GENERAL RULE. 5 SECTION 305. LIEN OF JUDGMENT.--NO JUDGMENT OF A DISTRICT 6 JUSTICE SHALL IN ANY MANNER OPERATE AS A LIEN ON REAL PROPERTY 7 UNTIL A TRANSCRIPT OF THE RECORD SHOWING A FINAL JUDGMENT OF A 8 DISTRICT JUSTICE HAS BEEN FILED IN THE MANNER PRESCRIBED BY 9 GENERAL RULES IN THE OFFICE OF THE CLERK OF THE COURT OF COMMON 10 PLEAS OF THE COUNTY WHERE THE PROPERTY IS SITUATED, OR IN THE 11 OFFICE OF THE CLERK OF THE BRANCH OF THE COURT OF COMMON PLEAS 12 EMBRACING SUCH COUNTY. AFTER SUCH ENTRY THE JUDGMENT SHALL, FROM 13 THE DATE OF SUCH ENTRY, BE A LIEN UPON PROPERTY TO THE SAME 14 EXTENT THAT JUDGMENT RECOVERED IN THE COURT OF COMMON PLEAS IS A 15 LIEN. NO SUCH TRANSCRIPT SHALL BE FILED UNTIL AFTER 30 DAYS 16 AFTER THE ENTRY OF FINAL JUDGMENT BY THE DISTRICT JUSTICE. NO 17 EXECUTION AGAINST REAL ESTATE SHALL BE ISSUED BY A DISTRICT 18 JUSTICE. 19 SECTION 306. RESTITUTION.--(A) RESTITUTION AUTHORIZED.--IN 20 ADDITION TO THE PUNISHMENT PRESCRIBED BY LAW FOR AN OFFENSE 21 WITHIN THE JURISDICTION OF A DISTRICT JUSTICE TO CONVICT AND 22 SENTENCE A DEFENDANT, UPON CONVICTION OF THE DEFENDANT OF THE 23 OFFENSE THE DISTRICT JUSTICE MAY ORDER THE DEFENDANT TO 24 COMPENSATE THE VICTIM OF THE CRIMINAL CONDUCT FOR THE DAMAGE OR 25 INJURY THAT HE SUSTAINED. 26 (B) AUTHORITY OF DISTRICT JUSTICE.--IN DETERMINING WHETHER 27 TO ORDER RESTITUTION THE DISTRICT JUSTICE: 28 (1) SHALL CONSIDER: 29 (I) THE FINANCIAL MEANS OF THE DEFENDANT. 30 (II) THE EXTENT OF INJURY SUFFERED BY THE VICTIM. 19750H1375B3293 - 11 -
1 (III) SUCH OTHER MATTERS OF RECORD AS HE DEEMS APPROPRIATE. 2 (2) MAY ORDER RESTITUTION IN A LUMP SUM, BY MONTHLY 3 INSTALLMENTS, OR ACCORDING TO SUCH OTHER SCHEDULE AS HE DEEMS 4 JUST. 5 (3) MAY AT ANY TIME ALTER OR AMEND ANY ORDER OF RESTITUTION 6 MADE PURSUANT TO THIS SECTION. 7 (C) PAYMENT AND RECORDS.--RESTITUTION SHALL BE MADE BY THE 8 DEFENDANT TO THE DISTRICT JUSTICE. THE DISTRICT JUSTICE SHALL 9 FORWARD TO THE VICTIM THE PROPERTY OR PAYMENTS MADE PURSUANT TO 10 THE RESTITUTION ORDER. THE DISTRICT JUSTICE SHALL MAINTAIN 11 RECORDS OF THE RESTITUTION ORDER AND ITS SATISFACTION. 12 (D) ENFORCEMENT OF ORDER.--WHENEVER THE DEFENDANT SHALL FAIL 13 TO MAKE RESTITUTION WITHIN 20 DAYS TO A DISTRICT JUSTICE AS 14 ORDERED, THE DISTRICT JUSTICE SHALL DECLARE THE DEFENDANT IN 15 CONTEMPT OF COURT AND FORWARD THE CASE TO THE COURT OF COMMON 16 PLEAS. UPON RECEIPT OF THE CONTEMPT DECISION FROM A DISTRICT 17 JUSTICE, THE COURT SHALL ORDER A HEARING TO DETERMINE IF THE 18 DEFENDANT IS IN CONTEMPT OF COURT. 19 (E) CIVIL REMEDIES PRESERVED.--NO ORDER OF RESTITUTION SHALL 20 DEBAR THE OWNER OF THE PROPERTY OR THE VICTIM WHO SUSTAINED 21 PERSONAL INJURY, BY APPROPRIATE ACTION, TO RECOVER FROM THE 22 DEFENDANT AS OTHERWISE PROVIDED BY LAW, PROVIDED THAT ANY CIVIL 23 AWARD SHALL TAKE INTO ACCOUNT THE MONEY PAID UNDER THE ORDER OF 24 RESTITUTION. 25 ARTICLE IV 26 COSTS 27 SECTION 401. CRIMINAL CASES.--THE COSTS TO BE CHARGED BY THE 28 MINOR JUDICIARY IN EVERY CRIMINAL CASE, EXCEPT AS HEREINAFTER 29 PROVIDED, SHALL BE AS FOLLOWS: 30 (1) SUMMARY CONVICTION, EXCEPT MOTOR VEHICLE CASES... $16.00 19750H1375B3293 - 12 -
1 (2) SUMMARY CONVICTIONS, MOTOR VEHICLE CASES, 2 OTHER THAN (3) BELOW............................. $10.00 3 (3) SUMMARY CONVICTIONS, MOTOR VEHICLE CASES, 4 HEARING DEMANDED................................ $15.00 5 (4) MISDEMEANOR...................................... $20.00 6 (5) FELONY........................................... $25.00 7 SUCH COSTS SHALL INCLUDE ALL CHARGES INCLUDING THE COSTS OF 8 POSTAGE AND REGISTERED MAIL AND THE COSTS OF GIVING A TRANSCRIPT 9 TO THE PROSECUTOR OR DEFENDANT, OR BOTH, IF REQUESTED. 10 SECTION 402. PAYMENT OF SUMMARY CONVICTION COSTS BY 11 COUNTY.--(A) DIVISION OF COSTS.--IN EVERY CASE OF SUMMARY 12 CONVICTION IN WHICH THE EVIDENCE IS NOT SUFFICIENT TO CONVICT 13 AND THE DEFENDANT IS DISMISSED, THE COSTS THEREOF SHALL BE BORNE 14 BY THE COUNTY IF THE PROSECUTOR IS A POLICE OFFICER ENGAGED AS 15 SUCH IN THE EMPLOY OF THIS COMMONWEALTH OR OF ANY OF ITS 16 POLITICAL SUBDIVISIONS. IN ALL OTHER CASES, THE COSTS SHALL BE 17 PAID BY THE PROSECUTOR OR BY THE DEFENDANT IF SO PERMITTED BY 18 LAW. 19 (B) COUNTY TO PAY WHERE DEFAULT.--IN EVERY CASE OF SUMMARY 20 CONVICTION IN WHICH THE DEFENDANT IS CONVICTED AND SENTENCED TO 21 JAIL IN DEFAULT OF THE PAYMENT OF THE FINE AND COSTS IMPOSED, 22 THE COSTS OF PROSECUTION SHALL BE PAID BY THE COUNTY. 23 (C) COUNTY OF THE SECOND CLASS.--IN ANY CASE BEFORE A 24 SALARIED MAGISTRATE WHERE COSTS ARE PAYABLE BY A COUNTY OF THE 25 SECOND CLASS, THE COSTS CHARGEABLE TO THE COUNTY SHALL BE ONE- 26 HALF OF THE COSTS SET FORTH IN SECTION 401. 27 SECTION 403. CIVIL CASES.--THE COSTS TO BE CHARGED BY THE 28 MINOR JUDICIARY IN EVERY CIVIL CASE, EXCEPT AS HEREINAFTER 29 PROVIDED, SHALL BE AS FOLLOWS: 30 (1) ASSUMPSIT OR TRESPASS INVOLVING $100 OR LESS..... $10.00 19750H1375B3293 - 13 -
1 (2) ASSUMPSIT OR TRESPASS INVOLVING MORE THAN 2 $100 BUT NOT MORE THAN $300...................... $15.00 3 (3) ASSUMPSIT OR TRESPASS INVOLVING MORE THAN 4 $300 BUT NOT MORE THAN $500...................... $20.00 5 (4) ASSUMPSIT OR TRESPASS INVOLVING MORE THAN $500... $25.00 6 (5) LANDLORD AND TENANT PROCEEDING................... $25.00 7 (6) ORDER OF EXECUTION............................... $15.00 8 SUCH COSTS SHALL INCLUDE ALL CHARGES INCLUDING, WHEN CALLED 9 FOR, THE COSTS RELATING TO DEPOSITIONS AND INTERROGATORIES AND 10 THE COSTS OF POSTAGE AND REGISTERED MAIL, EXCEPT THE COSTS OF A 11 TRANSCRIPT OF EVERY PROCEEDING ON APPEAL OR CERTIORARI 12 (INCLUDING AFFIDAVIT, BAIL AND CERTIFICATE), WHICH SHALL BE 13 $2.50 PER TRANSCRIPT. 14 SECTION 404. UNCLASSIFIED COSTS OR CHARGES.--THE COSTS TO BE 15 CHARGED BY THE MINOR JUDICIARY IN THE FOLLOWING INSTANCES NOT 16 READILY CLASSIFIABLE SHALL BE AS FOLLOWS: 17 (1) ORDER FOR RELIEF OR REMOVAL OF PAUPER............ $3.00 18 (2) ORDER TO SEIZE GOODS FOR MAINTENANCE OF 19 WIFE OR CHILDREN................................. $3.00 20 (3) ENTERING TRANSCRIPT OF JUDGMENT FROM ANOTHER 21 MEMBER OF THE MINOR JUDICIARY.................... $3.00 22 (4) CERTIFICATE TO OBTAIN LAND WARRANT............... $3.00 23 (5) MARRYING EACH COUPLE, MAKING RECORD THEREOF, 24 AND CERTIFICATE TO THE PARTIES................... $5.00 25 (6) SWEARING AND AFFIRMING COUNTY, TOWNSHIP, OR 26 OTHER PUBLIC OFFICER, EACH OFFICER............... $3.00 27 (7) PROBATING ACCOUNTS............................... $3.00 28 (8) ISSUING A SEARCH WARRANT......................... $10.00 29 SECTION 405. FEDERAL CASES.--THE COSTS TO BE CHARGED BY THE 30 MINOR JUDICIARY FOR SERVICES UNDER THE LAWS OF THE UNITED STATES 19750H1375B3293 - 14 -
1 SHALL BE AS FOLLOWS: 2 (1) FOR CERTIFICATE OF PROTECTION.................... $2.00 3 (2) FOR CERTIFICATE OF LOST PROTECTION............... $2.00 4 (3) WARRANT.......................................... $2.00 5 (4) COMMITMENT....................................... $2.00 6 (5) SUMMONS FOR SEAMEN IN ADMIRALTY CASE............. $2.00 7 HEARING THEREON............................... $2.00 8 (6) FOR CERTIFICATE TO CLERK OF THE DISTRICT COURT 9 TO ISSUE ADMIRALTY PROCESS....................... $2.00 10 (7) FOR AFFIDAVIT OF CLAIMS AND COPIES THEREOF....... $2.00 11 (8) AFFIDAVIT OF DEFENSE............................. $2.00 12 ARTICLE V 13 EDUCATION 14 SECTION 501. MINOR JUDICIARY EDUCATION BOARD; DEPARTMENT OF 15 EDUCATION.--THERE SHALL BE APPOINTED BY THE GOVERNOR WITH THE 16 CONSENT OF TWO-THIRDS OF THE MEMBERS ELECTED TO THE SENATE AN 17 ADMINISTRATIVE BOARD COMPOSED OF SEVEN MEMBERS TO BE KNOWN AS 18 THE "MINOR JUDICIARY EDUCATION BOARD." THREE OF THE MEMBERS OF 19 THE BOARD SHALL BE MEMBERS OF THE BAR OF THE PENNSYLVANIA 20 SUPREME COURT, THREE OF THE MEMBERS SHALL BE DISTRICT JUSTICES 21 OR JUDGES OF THE TRAFFIC COURT OF THE CITY OF PHILADELPHIA, AND 22 ONE MEMBER SHALL BE A LAY CITIZEN. THREE MEMBERS SHALL BE 23 APPOINTED FOR TERMS OF FIVE YEARS, THREE MEMBERS SHALL BE 24 APPOINTED FOR TERMS OF FOUR YEARS, AND ONE MEMBER SHALL BE 25 APPOINTED FOR A TERM OF THREE YEARS, AND UNTIL THEIR SUCCESSORS 26 HAVE BEEN APPOINTED AND QUALIFIED. THEREAFTER EACH APPOINTMENT 27 SHALL BE FOR A TERM OF FIVE YEARS AND UNTIL A SUCCESSOR HAS BEEN 28 APPOINTED AND QUALIFIED. FOUR MEMBERS OF THE BOARD SHALL 29 CONSTITUTE A QUORUM; AND, NO ACTION OF THE BOARD SHALL BE VALID 30 UNLESS IT SHALL HAVE THE CONCURRENCE OF AT LEAST FOUR MEMBERS. 19750H1375B3293 - 15 -
1 EACH MEMBER SHALL BE PAID $50 FOR EACH DAY OR PART THEREOF UPON 2 WHICH HE ATTENDS A BOARD MEETING, OR PERFORMS ANY DUTY ASSIGNED 3 TO HIM BY THE CHAIRMAN; AND, HE SHALL BE REIMBURSED FOR 4 REASONABLE TRAVELING OR OTHER EXPENSES INCURRED INCIDENT TO SUCH 5 ATTENDANCE AND TO SUCH ASSIGNED DUTY. THE BOARD SHALL ORGANIZE 6 BY ELECTING A CHAIRMAN. THE BOARD SHALL PRESCRIBE AND APPROVE 7 THE SUBJECT MATTER AND THE EXAMINATION FOR THE COURSE OF 8 INSTRUCTION AND TRAINING REQUIRED BY THE CONSTITUTION OF THE 9 COMMONWEALTH OF PENNSYLVANIA AND THIS ACT. THE DEPARTMENT SHALL 10 SERVE AS THE ADMINISTRATIVE OFFICERS OF THE BOARD AND IN SUCH 11 CAPACITY SHALL, SUBJECT TO THE DIRECTION OF THE BOARD, 12 ADMINISTER THE COURSE OF INSTRUCTION AND TRAINING AND CONDUCT 13 THE EXAMINATION. 14 SECTION 502. COURSE OF INSTRUCTION.--DISTRICT JUSTICES SHALL 15 COMPLETE A COURSE OF TRAINING AND INSTRUCTION IN THE DUTIES OF 16 THEIR OFFICES AS REQUIRED BY THE CONSTITUTION OF THE 17 COMMONWEALTH OF PENNSYLVANIA AND SUCCESSFULLY PASS AN 18 EXAMINATION PRIOR TO FILING A NOMINATING PETITION FOR A 19 CANDIDACY IN A PRIMARY ELECTION FOR THE OFFICE OF DISTRICT 20 JUSTICE, WHICH COURSE OF TRAINING AND INSTRUCTION SHALL NOT 21 EXCEED FOUR WEEKS IN DURATION AND SHALL CONSIST OF A MINIMUM OF 22 40 HOURS OF CLASS INSTRUCTION IN CIVIL AND CRIMINAL LAW 23 INCLUDING EVIDENCE, PROCEDURE, SUMMARY PROCEEDING, AND LAWS 24 RELATING TO MOTOR VEHICLES. THE DEPARTMENT SHALL MAKE THE COURSE 25 OF INSTRUCTION AVAILABLE AT SUCH TIMES AS DETERMINED BY IT AND 26 THE BOARD, SO AS TO INSURE THAT ANY DISTRICT JUSTICE, TO BE 27 ELECTED OR APPOINTED MAY QUALIFY TO ASSUME OFFICE AS SOON AS 28 POSSIBLE. BY REGULATION THE BOARD SHALL DIRECT THE DEPARTMENT TO 29 CONDUCT THE COURSE AT SUCH TIME, AT SUCH PLACES AND IN SUCH 30 MANNER AS IT SHALL PRESCRIBE. 19750H1375B3293 - 16 -
1 IN ADDITION TO THOSE REQUIRED BY THE CONSTITUTION OF THE 2 COMMONWEALTH OF PENNSYLVANIA AND THIS ACT TO COMPLETE THE COURSE 3 OF TRAINING AND INSTRUCTION AND SUCCESSFULLY PASS AN EXAMINATION 4 PRIOR TO FILING A NOMINATING PETITION FOR A CANDIDACY IN A 5 PRIMARY ELECTION FOR THE OFFICE OF DISTRICT JUSTICE, ANY 6 INTERESTED PERSON MAY APPLY TO THE DEPARTMENT TO BE ENROLLED IN 7 THE COURSE OF INSTRUCTION AND TAKE THE EXAMINATION, SUBJECT TO 8 SUCH RULES AND REGULATIONS AS THE DEPARTMENT WITH THE APPROVAL 9 OF THE BOARD MAY DETERMINE. ANY SUCH INTERESTED PERSON WHO 10 SUCCESSFULLY COMPLETES THE COURSE AND PASSES THE EXAMINATION 11 SHALL SECURE AN APPROPRIATE CERTIFICATE FROM THE DEPARTMENT AND 12 FILE SAME AS SET FORTH IN SECTION 505. 13 SECTION 503. COSTS.--THE COURSE OF TRAINING AND INSTRUCTION 14 REQUIRED BY THE CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANIA 15 AND THIS ACT SHALL BE PROVIDED AT THE EXPENSE OF THE 16 COMMONWEALTH. UNTIL SUCH PERSON HAS SUCCESSFULLY COMPLETED THE 17 COURSE OF TRAINING AND INSTRUCTION AND PASSED THE EXAMINATION, 18 HE SHALL NOT FILE ANY NOMINATING PETITION FOR THE OFFICE OF 19 DISTRICT JUSTICE ANYWHERE IN THE COMMONWEALTH. 20 SECTION 504.--RULES AND REGULATIONS.--THE DEPARTMENT SHALL, 21 WITH THE APPROVAL OF THE BOARD, HAVE THE POWER TO PROMULGATE 22 SUCH RULES AND REGULATIONS AS ARE NECESSARY TO CARRY OUT ITS 23 DUTIES UNDER THIS ACT. 24 SECTION 505. COMPLETION OF COURSE.--UPON THE SUCCESSFUL 25 COMPLETION OF THE COURSE OF TRAINING AND INSTRUCTION AND 26 EXAMINATION, THE DEPARTMENT SHALL ISSUE A CERTIFICATE IN THE 27 FORM PRESCRIBED BY THE BOARD, CERTIFYING THAT SUCH PERSON IS 28 QUALIFIED TO PERFORM HIS DUTIES AS REQUIRED BY THE CONSTITUTION 29 OF THE COMMONWEALTH OF PENNSYLVANIA. SUCH CERTIFICATE SHALL BE 30 FILED IN THE OFFICE OF THE PROTHONOTARY OF THE COUNTY IN WHICH 19750H1375B3293 - 17 -
1 THE DISTRICT JUSTICE RESIDES. IN THE EVENT THAT AN APPOINTED 2 DISTRICT JUSTICE AS REQUIRED BY THE CONSTITUTION OF THE 3 COMMONWEALTH OF PENNSYLVANIA AND THIS ACT TO SUCCESSFULLY 4 COMPLETE SUCH COURSE, HAS FAILED TO OBTAIN AND FILE SUCH 5 CERTIFICATE IN THE PROPER PROTHONOTARY'S OFFICE WITHIN NINE 6 MONTHS AFTER HIS APPOINTMENT, SAID OFFICE OF DISTRICT JUSTICE OR 7 JUDGE SHALL BE VACANT, SUCH VACANCY TO BE FILLED AS OTHERWISE 8 PROVIDED BY LAW, AND IN THE CASE OF JUSTICE OF THE PEACE, SAID 9 OFFICE SHALL BE ABOLISHED. 10 SECTION 506. CONTINUING EDUCATION REQUIREMENT.--EVERY 11 DISTRICT JUSTICE SHALL COMPLETE A CONTINUING EDUCATION PROGRAM 12 EACH YEAR EQUIVALENT TO NOT LESS THAN 32 HOURS PER YEAR IN SUCH 13 COURSES OR PROGRAMS AS ARE APPROVED BY THE BOARD. 14 ARTICLE VI 15 DISTRICT JUSTICE ADMINISTRATOR 16 SECTION 601. OFFICE OF DISTRICT JUSTICE ADMINISTRATOR.-- 17 THERE IS HEREBY ESTABLISHED WITHIN THE ADMINISTRATIVE OFFICE OF 18 PENNSYLVANIA COURTS A BRANCH OFFICE TO BE KNOWN AS THE OFFICE OF 19 DISTRICT JUSTICE ADMINISTRATOR TO BE SUPERVISED BY SUCH PERSON 20 AS THE SUPREME COURT SHALL APPOINT TO ACT AS ADMINISTRATOR. 21 SECTION 602. POWERS AND DUTIES.--THE DISTRICT JUSTICE 22 ADMINISTRATOR SHALL HAVE THE FOLLOWING POWERS AND DUTIES: 23 (1) TO BE RESPONSIBLE FOR THE PROMPT AND PROPER DISPOSITION 24 OF THE BUSINESS OF ALL DISTRICT JUSTICES; 25 (2) TO PERFORM ALL FUNCTIONS NOW CARRIED OUT BY THE COURT 26 ADMINISTRATOR; 27 (3) TO REQUIRE AND RECEIVE REPORTS FROM THE VARIOUS JUDICIAL 28 DISTRICTS RELATING TO THE UTILIZATION OF THE DISTRICT JUSTICES 29 IN THE JUDICIAL DISTRICTS; 30 (4) TO TRANSFER THE VARIOUS DISTRICT JUSTICES TO OTHER 19750H1375B3293 - 18 -
1 JUDICIAL DISTRICTS ON A TEMPORARY BASIS IN AN EFFORT TO REMOVE 2 ANY BACKLOG OF CASES. ANY TRANSFERS MADE UNDER THIS PARAGRAPH 3 SHALL BE SUBJECT TO THE APPROVAL OF THE PRESIDENT JUDGE OF THE 4 JUDICIAL DISTRICT FROM WHICH THE DISTRICT JUSTICE IS BEING 5 TEMPORARILY TRANSFERRED; 6 (5) TO PRESCRIBE FORMS TO BE USED BY DISTRICT JUSTICES; 7 (6) TO MAKE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO 8 THE EFFICIENT FUNCTIONING OF THE OFFICE OF DISTRICT JUSTICE 9 ADMINISTRATOR; AND 10 (7) TO EMPLOY SUCH INDIVIDUALS AS APPROVED BY THE SUPREME 11 COURT TO IMPLEMENT THE PROVISIONS OF THIS ACT. 12 ARTICLE VII 13 MISCELLANEOUS PROVISIONS 14 SECTION 701. REPEALERS.--(A) SPECIFIC REPEALERS.-- 15 (1) THE ACT OF JANUARY 7, 1952 (P.L.1841, NO.492), KNOWN AS 16 THE "MINOR JUDICIARY FEE BILL." 17 (2) THE ACT OF DECEMBER 2, 1968 (P.L.1131, NO.352), KNOWN AS 18 THE "MAGISTERIAL DISTRICTS ACT," IN SO FAR AS IT RELATES TO 19 DISTRICT JUSTICES AND MAGISTERIAL DISTRICTS OUTSIDE OF CITIES 20 AND COUNTIES OF THE FIRST CLASS. 21 (3) THE ACT OF FEBRUARY 24, 1970 (P.L.53, NO.22), KNOWN AS 22 THE "MINOR JUDICIARY EDUCATION ACT," IN SO FAR AS IT RELATES TO 23 DISTRICT JUSTICES. 24 (B) GENERAL REPEALER.--ANY ACT OR PART OF AN ACT 25 INCONSISTENT WITH THE PROVISIONS OF THIS ACT IS REPEALED TO THE 26 EXTENT OF THE INCONSISTENCY. 27 SECTION 702. EFFECTIVE DATE.--THIS ACT SHALL TAKE EFFECT 28 JULY 1, 1976. F2L14RZ/19750H1375B3293 - 19 -