HOUSE AMENDED
PRIOR PRINTER'S NOS. 603, 875 PRINTER'S NO. 1376
No. 572 Session of 1975
INTRODUCED BY COPPERSMITH, SNYDER, ANDREWS AND MURPHY,
APRIL 21, 1975
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 16, 1975
AN ACT
1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled
2 "An act relating to counties of the third, fourth, fifth,
3 sixth, seventh and eight classes; amending, revising,
4 consolidating and changing the laws relating thereto,"
5 providing for annual assessments for district attorneys' <--
6 associations. INCREASING CERTAIN ASSESSMENTS AND PROVIDING <--
7 FOR A FULL TIME DISTRICT ATTORNEY IN CERTAIN INSTANCES IN
8 THIRD, FOURTH, FIFTH, SIXTH, SEVENTH AND EIGHTH CLASS
9 COUNTIES, SETTING HIS SALARY AND MAKING REPEALS.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 445, SUBSECTION (B) OF SECTION 444, act <--
13 of August 9, 1955 (P.L.323, No.130), known as "The County Code,"
14 AMENDED OCTOBER 18, 1972 (P.L.969, NO.235), is amended by adding <--
15 a subsection to read:
16 SECTION 444. OTHER MEETING EXPENSES PAID BY COUNTIES.--* * * <--
17 (B) IN THE CASE OF COUNTY COMMISSIONERS, COUNTY SOLICITOR
18 AND COUNTY CLERK, COUNTY CONTROLLERS, COUNTY AUDITORS, SHERIFFS,
19 REGISTERS OF WILLS, CLERKS OF ORPHANS' COURT, COUNTY TREASURERS,
20 RECORDERS OF DEEDS, PROTHONOTARIES, CLERKS OF COURTS OF QUARTER
1 SESSIONS, DISTRICT ATTORNEYS, JURY COMMISSIONERS AND CORONERS,
2 THE PORTION OF THE ANNUAL EXPENSES CHARGED TO EACH COUNTY SHALL
3 NOT EXCEED THREE HUNDRED DOLLARS ($300) IN THIRD AND FOURTH
4 CLASS COUNTIES, TWO HUNDRED DOLLARS ($200) IN FIFTH AND SIXTH
5 CLASS COUNTIES AND ONE HUNDRED DOLLARS ($100) IN SEVENTH AND
6 EIGHTH CLASS COUNTIES, IN THE CASE OF THE DIRECTORS OF VETERANS'
7 AFFAIRS THE PORTION CHARGED TO EACH COUNTY SHALL NOT EXCEED
8 FIFTY DOLLARS ($50), AND IN THE CASE OF THE PROBATION OFFICERS
9 AN ANNUAL MEMBERSHIP SUBSCRIPTION NOT EXCEEDING SIX DOLLARS ($6)
10 PER MEMBER SHALL BE PAID BY THE COUNTY, AND SHALL BE IN LIEU OF
11 THE EXPENSES HEREINBEFORE IN THIS SECTION PROVIDED FOR OTHER
12 COUNTY OFFICERS.
13 Section 445. Annual Assessments for County Commissioners, <--
14 Etc.--* * *
15 (a.1) In addition to the expenses hereinbefore authorized,
16 the necessary expenses of the association of district attorneys
17 shall be apportioned among the counties holding membership in
18 the association in amounts provided for by the rules and
19 regulations of the association but shall not total more than:
20 (1) Three hundred dollars ($300) for any county of the third
21 class;
22 (2) Two hundred fifty dollars ($250) for any county of the
23 fourth class;
24 (3) Two hundred dollars ($200) for any county of the fifth
25 class;
26 (4) One hundred fifty dollars ($150) for any county of the
27 sixth class;
28 (5) One hundred dollars ($100) for any county of the seventh
29 class; or
30 (6) Fifty dollars ($50) for any county of the eight class
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1 per annum.
2 * * *
3 Section 2. This act shall take effect immediately.
4 SECTION 2. THE HEADING OF SECTION 1401 OF THE ACT IS AMENDED <--
5 AND A SUBSECTION IS ADDED TO READ:
6 SECTION 1401. DISTRICT ATTORNEY; QUALIFICATIONS;
7 ELIGIBILITY; COMPENSATION.--* * *
8 (G) ANY COUNTY OF THE THIRD, FOURTH, FIFTH, SIXTH, SEVENTH
9 OR EIGHTH CLASS MAY FIX THE SERVICES OF THE DISTRICT ATTORNEY AT
10 FULL TIME AT THE DISCRETION OF THE COUNTY COMMISSIONERS. SUCH
11 DETERMINATION SHALL BE MADE PRIOR TO DECEMBER 1, 1975. AFTER
12 JANUARY 1, 1976, THE COMMISSIONERS SHALL, AFTER CONSULTATION
13 WITH THE DISTRICT ATTORNEY AND THE PRESIDENT JUDGE OF THE COURT
14 OF COMMON PLEAS OF THE JUDICIAL DISTRICT, MAKE SUCH
15 DETERMINATION PRIOR TO THE FIRST DAY FOR CIRCULATING PETITIONS
16 BY CANDIDATES FOR THE OFFICE OF DISTRICT ATTORNEY. THE PRESIDENT
17 JUDGE OF THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT AND
18 THE DISTRICT ATTORNEY MAY MAKE RECOMMENDATIONS AT ANY TIME TO
19 THE COUNTY COMMISSIONERS ON THE ADVISABILITY OF FULL-TIME
20 SERVICE BY THE DISTRICT ATTORNEY, BUT THE SAME SHALL NOT BE
21 BINDING ON THEM.
22 WHERE AN ELECTION IS MADE BY THE COUNTY COMMISSIONERS TO
23 REQUIRE A FULL TIME DISTRICT ATTORNEY HE SHALL BE COMPENSATED AT
24 ONE THOUSAND DOLLARS ($1,000) LOWER THAN THE COMPENSATION PAID
25 TO A JUDGE OF THE COURT OF COMMON PLEAS IN THE RESPECTIVE
26 JUDICIAL DISTRICT.
27 ONCE THE DETERMINATION FOR A FULL TIME DISTRICT ATTORNEY IS
28 MADE, IT SHALL NOT THEREAFTER BE CHANGED EXCEPT BY REFERENDUM OF
29 THE ELECTORATE OF THE SAID COUNTY. SUCH REFERENDUM MAY BE
30 INSTITUTED BY THE COUNTY COMMISSIONERS OR ON PETITION BY FIVE
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1 PER CENT OF THE ELECTORS VOTING FOR THE OFFICE OF GOVERNOR IN
2 THE LAST GUBERNATORIAL GENERAL ELECTION. SUCH REFERENDUM MAY BE
3 HELD AT ANY ELECTION PRECEDING THE YEAR IN WHICH THE DISTRICT
4 ATTORNEY SHALL BE ELECTED. SUCH DISTRICT ATTORNEY SHALL DEVOTE
5 FULL TIME TO THE OFFICE. THE DISTRICT ATTORNEY WHILE IN OFFICE,
6 SHALL NOT DERIVE ANY OTHER INCOME AS A RESULT OF THE NECESSARY
7 LEGAL EDUCATION AND BACKGROUND, FROM ANY SOURCE INCLUDING BUT
8 NOT LIMITED TO INCOME DERIVED FROM LEGAL PUBLICATIONS OR OTHER
9 PUBLICATIONS DEALING WITH MATTERS RELATED TO THE OFFICE OF
10 DISTRICT ATTORNEY, LECTURES, HONORARIUMS, PROFIT SHARES OR
11 DIVISIONS OF INCOME FROM ANY FIRM WITH WHICH THE DISTRICT
12 ATTORNEY WAS ASSOCIATED PRIOR TO ELECTION. THIS LIMITATION SHALL
13 NOT BE CONSTRUED, HOWEVER, TO PRECLUDE PAYMENT OF FEES EARNED
14 FOR LEGAL WORK DONE PRIOR TO, BUT NOT CONCLUDED UNTIL AFTER HIS
15 ELECTION AS DISTRICT ATTORNEY. IN ADDITION THE DISTRICT ATTORNEY
16 SHALL NOT ENGAGE IN ANY PRIVATE PRACTICE AND MUST BE COMPLETELY
17 DISASSOCIATED WITH ANY FIRM WITH WHICH THE DISTRICT ATTORNEY WAS
18 AFFILIATED PRIOR TO ELECTION, NOR SHALL THE DISTRICT ATTORNEY-
19 ELECT ACCEPT ANY CIVIL OR CRIMINAL CASES AFTER BEING ELECTED TO
20 THE OFFICE. FURTHERMORE, THE DISTRICT ATTORNEY SHALL BE SUBJECT
21 TO THE CANNONS OF ETHICS AS APPLIED TO JUDGES IN THE COURTS OF
22 COMMON PLEAS OF THIS COMMONWEALTH INSOFAR AS SUCH CANNONS APPLY
23 TO SALARIES, FULL-TIME DUTIES AND CONFLICTS OF INTEREST.
24 ANY COMPLAINT BY A CITIZEN OF THE COUNTY THAT A FULL TIME
25 DISTRICT ATTORNEY MAY BE IN VIOLATION OF THIS SECTION SHALL BE
26 MADE TO THE DISCIPLINARY BOARD OF THE SUPREME COURT OF
27 PENNSYLVANIA, FOR DETERMINATION AS TO THE MERIT OF THE
28 COMPLAINT. IF ANY SUBSTANTIVE BASIS IS FOUND, THE BOARD SHALL
29 PROCEED FORTHWITH IN THE MANNER PRESCRIBED BY THE RULES OF THE
30 SUPREME COURT AND MAKE SUCH RECOMMENDATION FOR DISCIPLINARY
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1 ACTION AS IT DEEMS ADVISABLE, PROVIDED, HOWEVER, THAT IF THE
2 SUPREME COURT DEEMS THE VIOLATION SO GRAVE AS TO WARRANT REMOVAL
3 FROM OFFICE, THE PROTHONOTARY OF THE SAID COURT SHALL TRANSMIT
4 ITS FINDINGS TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES FOR
5 SUCH ACTION AS THE HOUSE DEEMS ADVISABLE UNDER ARTICLE VI OF THE
6 CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANIA.
7 WHERE NO SUCH ELECTION FOR A FULL TIME DISTRICT ATTORNEY IS
8 MADE, THE DISTRICT ATTORNEY SHALL BE PERMITTED TO HAVE AN
9 OUTSIDE PRACTICE, AND HIS SALARY SHALL BE AS SET FORTH IN THE
10 ACT OF NOVEMBER 1, 1971 (P.L.495, NO.113).
11 SECTION 3. (A) SECTION 5 OF THE ACT OF NOVEMBER 1, 1971
12 (P.L.495, NO.113), ENTITLED "AN ACT PROVIDING FOR THE
13 COMPENSATION OF COUNTY OFFICERS IN COUNTIES OF THE SECOND
14 THROUGH EIGHTH CLASSES, FOR THE DISPOSITION OF FEES, FOR FILING
15 OF BONDS IN CERTAIN CASES AND FOR DUTIES OF CERTAIN OFFICERS,"
16 IS REPEALED IN SO FAR AS INCONSISTENT WITH THE PROVISIONS OF
17 THIS ACT.
18 (B) ANY OTHER ACT OR PART OF AN ACT INCONSISTENT WITH THE
19 PROVISIONS OF THIS ACT ARE REPEALED TO THE EXTENT OF THE
20 INCONSISTENCY.
21 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY AND APPLY
22 TO ALL DISTRICT ATTORNEYS WHOSE TERM OF OFFICE BEGINS JANUARY 1,
23 1976.
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