HOUSE AMENDED
PRIOR PRINTER'S NOS. 1075, 1679, 1955 PRINTER'S NO. 1986
No. 935 Session of 1975
INTRODUCED BY HILL, ZEMPRELLI, MURPHY, AMMERMAN, EARLY, LEWIS,
HANKINS, HOBBS, DOUGHERTY, JUBELIRER, MESSINGER, SMITH,
DWYER, MURRAY, SWEENEY, LYNCH, FLEMING, MYERS, MANBECK,
REIBMAN, MOORE, SCANLON AND ORLANDO, JULY 9, 1975
AS RE-REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 8, 1976
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure), 15
2 (Corporations and Unincorporated Associations), 18 (Crimes
3 and Offenses) and 71 (State Government) of the Pennsylvania
4 Consolidated Statutes, adding revised, codified and compiled
5 provisions relating to judiciary and judicial procedure,
6 including certain judicially enforceable rights, duties,
7 immunities and liabilities and separately enacting certain
8 related provisions of law.
9 TABLE OF CONTENTS
10 TITLE 42
11 JUDICIARY AND JUDICIAL PROCEDURE
12 PART I. PRELIMINARY PROVISIONS
13 Chapter 1. General Provisions
14 § 101. Short title of title.
15 § 102. Definitions.
16 § 103. Principles of construction.
17 PART II. ORGANIZATION
18 SUBPART A. COURTS AND DISTRICT JUSTICES
19 ARTICLE A. PRELIMINARY PROVISIONS
1 Chapter 3. General Structure and Powers
2 Subchapter A. Unified Judicial System
3 § 301. Unified judicial system.
4 Subchapter B. General Provisions Relating to Courts
5 § 321. Court of record.
6 § 322. Seal.
7 § 323. Powers.
8 § 324. Sessions and terms of court.
9 § 325. Chief Justice and president judges.
10 § 326. Quorum.
11 § 327. Oaths and acknowledgments.
12 ARTICLE B. APPELLATE COURTS
13 Chapter 5. Organization of Appellate Courts
14 Subchapter A. Supreme Court of Pennsylvania
15 § 501. Supreme Court.
16 § 502. General powers of Supreme Court.
17 § 503. Reassignment of matters.
18 § 504. Seat of court.
19 Subchapter B. Superior Court of Pennsylvania
20 § 541. Superior Court.
21 § 542. Powers of Superior Court.
22 § 543. Seat of court.
23 Subchapter C. Commonwealth Court of Pennsylvania
24 § 561. Commonwealth Court.
25 § 562. Powers of Commonwealth Court.
26 § 563. Seat of court.
27 § 564. Evidentiary hearings.
28 Chapter 7. Jurisdiction of Appellate Courts
29 Subchapter A. General Provisions
30 § 701. Scope of subchapter.
19750S0935B1986 - 2 -
1 § 702. Interlocutory orders.
2 § 703. Place and form of filing appeals.
3 § 704. Waiver of objections to jurisdiction.
4 § 705. Transfers between intermediate appellate courts.
5 § 706. Disposition of appeals.
6 § 707. Lien of judgments FOR MONEY. <--
7 § 708. Improvident administrative appeals and other matters.
8 Subchapter B. Jurisdiction of Supreme Court
9 § 721. Original jurisdiction.
10 § 722. Direct appeals from courts of common pleas.
11 § 723. Appeals from the Commonwealth Court.
12 § 724. Allowance of appeals from Superior and Commonwealth
13 Courts.
14 § 725. Direct appeals from constitutional and judicial
15 agencies.
16 § 726. Extraordinary jurisdiction.
17 Subchapter C. Jurisdiction of Superior Court
18 § 741. Original jurisdiction.
19 § 742. Appeals from courts of common pleas.
20 Subchapter D. Jurisdiction of Commonwealth Court
21 § 761. Original jurisdiction.
22 § 762. Appeals from courts of common pleas.
23 § 763. Direct appeals from administrative agencies.
24 ARTICLE C. COURTS OF COMMON PLEAS
25 Chapter 9. Organization and Jurisdiction of Courts of Common
26 Pleas
27 Subchapter A. Judicial Districts
28 § 901. Judicial districts.
29 Subchapter B. Organization of Courts of Common Pleas
30 § 911. Courts of common pleas.
19750S0935B1986 - 3 -
1 § 912. Powers of courts of common pleas.
2 § 913. Seats of courts.
3 Subchapter C. Jurisdiction of Courts of Common Pleas
4 § 931. Original jurisdiction and venue.
5 § 932. Appeals from minor judiciary.
6 § 933. Appeals from administrative agencies.
7 § 934. Writs of certiorari.
8 Subchapter D. Court Divisions
9 § 951. Court divisions.
10 § 952. Status of court divisions.
11 § 953. Administrative judges of divisions.
12 ARTICLE D. MINOR COURTS
13 Chapter 11. Community and Municipal Courts
14 Subchapter A. Community Courts
15 § 1101. Community Courts.
16 § 1102. Establishment or discontinuance of community courts.
17 § 1103. Powers of community courts.
18 § 1104. Seats of courts.
19 § 1105. Jurisdiction and venue.
20 § 1106. Lien of judgments.
21 Subchapter B. Philadelphia Municipal Court
22 § 1121. Philadelphia Municipal Court.
23 § 1122. Seat of court.
24 § 1123. Jurisdiction and venue.
25 § 1124. Lien of judgments.
26 Subchapter C. Pittsburgh Magistrates Court
27 § 1141. Pittsburgh Magistrates Court.
28 § 1142. Seat of court.
29 § 1143. Jurisdiction and venue.
30 Chapter 13. Traffic Courts
19750S0935B1986 - 4 -
1 Subchapter A. General Provisions
2 § 1301. Seats of traffic courts.
3 § 1302. Jurisdiction and venue.
4 § 1303. Signatures and dockets.
5 Subchapter B. Traffic Court of Philadelphia
6 § 1321. Traffic Court of Philadelphia.
7 Subchapter C. Traffic Court of Pittsburgh
8 § 1331. Traffic Court of Pittsburgh.
9 § 1332. Operations of traffic court.
10 ARTICLE E. DISTRICT JUSTICES
11 Chapter 15. District Justices
12 Subchapter A. Magisterial Districts
13 § 1501. Definitions.
14 § 1502. Classification of districts.
15 § 1503. Reestablishment of districts.
16 Subchapter B. District Justices
17 § 1511. District justices.
18 § 1512. Seal.
19 § 1513. Powers of district justices.
20 § 1514. Offices.
21 § 1515. Jurisdiction and venue.
22 § 1516. Lien of judgment.
23 SUBPART B. OTHER STRUCTURAL PROVISIONS
24 Chapter 17. Governance of the System
25 Subchapter A. General Provisions
26 § 1701. General supervisory and administrative authority of the
27 Supreme Court.
28 § 1702. Rule making procedures.
29 Subchapter B. Specific Powers of the Governing Authority of
30 the System
19750S0935B1986 - 5 -
1 § 1721. Delegation of powers.
2 § 1722. Adoption of administrative and procedural rules.
3 § 1723. General supervisory and administrative authority.
4 § 1724. Personnel of the system.
5 § 1725. Establishment of fees and charges.
6 § 1726. Establishment of taxable costs.
7 § 1727. Budget and financial matters.
8 § 1728. Recognition of related organizations.
9 § 1729. Conferences and institutes.
10 § 1730. Boards, councils, commissions and committees.
11 Chapter 19. Administrative Office of Pennsylvania Courts
12 § 1901. Court Administrator of Pennsylvania.
13 § 1902. Administrative Office of Pennsylvania Courts.
14 § 1903. Staff.
15 Chapter 21. Judicial Boards and Commissions
16 Subchapter A. Judicial Inquiry and Review Board
17 § 2101. Judicial Inquiry and Review Board.
18 § 2102. Composition of board.
19 § 2103. Organization.
20 § 2104. Staff.
21 § 2105. Powers and duties.
22 Subchapter B. Judicial Qualifications Commission (Reserved)
23 Subchapter C. Jury Selection Commissions
24 § 2121. Jury selection commissions.
25 § 2122. Composition of jury selection commissions.
26 § 2123. Staff.
27 § 2124. Powers and duties.
28 Subchapter D. Minor Judiciary Education Board
29 § 2131. Minor Judiciary Education Board.
30 § 2132. Composition of board.
19750S0935B1986 - 6 -
1 § 2133. Organization.
2 § 2134. Staff.
3 § 2135. Powers and duties.
4 Subchapter E. Boards of Viewers
5 § 2141. Boards of viewers.
6 § 2142. Composition of boards.
7 § 2143. Staff.
8 § 2144. Powers and duties.
9 Chapter 23. System and Related Personnel <--
10 CHAPTER 23. PERSONNEL OF THE SYSTEM <--
11 § 2301. Appointment of personnel.
12 § 2302. Maintenance of adequate county staff.
13 § 2303. Powers of system and related personnel. <--
14 Chapter 25. Representation of Litigants
15 Subchapter A. General Provisions
16 § 2501. Appearance in person or by counsel.
17 § 2502. Certain persons not to appear as counsel.
18 § 2503. Right of participants to receive counsel fees.
19 Subchapter B. Attorneys and Counsellors
20 § 2521. Office of attorney-at-law.
21 § 2522. Oath of office.
22 § 2523. Persons specially admitted by local rules.
23 § 2524. Penalty for unauthorized practice of law.
24 § 2525. Unauthorized solicitation prohibited.
25 Chapter 27. Office of the Clerk of the Court of Common Pleas
26 Subchapter A. General Provisions
27 § 2701. Scope and purpose of chapter.
28 § 2702. Place of filing of documents.
29 § 2703. Notice of transfer of functions and duties.
30 § 2704. Responsibility for entry, maintenance and certification
19750S0935B1986 - 7 -
1 of data.
2 Subchapter B. Prothonotaries
3 § 2731. Prothonotary.
4 § 2732. Selection of prothonotary.
5 § 2733. Seal.
6 § 2734. Office of the prothonotary.
7 § 2735. Staff.
8 § 2736. Matters or documents filed in the office of the
9 prothonotary.
10 § 2737. Powers and duties of the office of the prothonotary.
11 § 2738. Criminal, probate, estates and fiduciary matters.
12 Subchapter C. Clerks of the Courts
13 § 2751. Clerk of the courts.
14 § 2752. Selection of clerk of the courts.
15 § 2753. Seal.
16 § 2754. Office of the clerk of the courts.
17 § 2755. Staff.
18 § 2756. Matters or documents filed in the office of the clerk
19 of the courts.
20 § 2757. Powers and duties of the office of the clerk of the
21 courts.
22 Subchapter D. Clerks of Orphans' Court Divisions
23 § 2771. Clerk of the orphans' court division.
24 § 2772. Selection of clerk of the orphans' court division.
25 § 2773. Seal.
26 § 2774. Office of the clerk of the orphans' court division.
27 § 2775. Staff.
28 § 2776. Matters or documents filed in the office of the clerk
29 of the orphans' court division.
30 § 2777. Powers and duties of the office of the clerk of the
19750S0935B1986 - 8 -
1 orphans' court division.
2 PART III. SELECTION, RETENTION AND REMOVAL OF
3 JUDICIAL OFFICERS
4 Chapter 31. Selection and Retention of Judicial Officers
5 Subchapter A. Qualifications Generally
6 § 3101. Qualifications of judicial officers generally.
7 Subchapter B. Qualifications of Certain Minor Judiciary
8 § 3111. Definitions.
9 § 3112. Course of instruction and examination required.
10 § 3113. Content of course of instruction and examination.
11 § 3114. Admission of interested persons.
12 § 3115. Certification of successful completion of course.
13 § 3116. Effect of failure to obtain certificate.
14 § 3117. Expenses.
15 § 3118. Rules and regulations.
16 Subchapter C. Selection of Judicial Officers
17 § 3131. Selection of judicial officers for regular terms.
18 § 3132. Vacancies in office.
19 § 3133. Commonwealth Court judges.
20 § 3134. Community Court judges.
21 § 3135. Increase in number of judges.
22 Subchapter D. Tenure and Compensation
23 § 3151. Oath of office.
24 § 3152. Tenure of judicial officers.
25 § 3153. Retention elections.
26 § 3154. Compensation of judicial officers.
27 Chapter 33. Discipline, Removal and Retirement of Judicial
28 Officers
29 Subchapter A. Standards of Conduct
30 § 3301. Constitutional restrictions.
19750S0935B1986 - 9 -
1 § 3302. Additional restrictions.
2 § 3303. Additional compensation prohibited.
3 § 3304. Acting as collection agent or paid arbitrator
4 prohibited.
5 § 3305. Automatic removal upon conviction or disbarment.
6 § 3306. Automatic removal upon nonjudicial candidacy.
7 § 3307. Automatic suspension of judicial officers under
8 impeachment.
9 Subchapter B. Establishment and Discontinuance of Courts
10 § 3321. Establishment of community courts.
11 § 3322. Discontinuance of community courts.
12 Subchapter C. Discipline and Removal by Judicial Inquiry and
13 Review Board
14 § 3331. Power of discipline or removal.
15 § 3332. Investigation and hearing.
16 § 3333. Recommendation to and action by Supreme Court.
17 § 3334. Proceedings confidential.
18 Subchapter D. Retirement
19 § 3351. Automatic retirement on age.
20 § 3352. Pension rights.
21 PART IV. FINANCIAL MATTERS
22 Chapter 35. Budget and Finance
23 Subchapter A. General Provisions
24 § 3501. Definitions.
25 § 3502. Financial regulations.
26 § 3503. Penalties.
27 Subchapter B. Judicial Department Budget and Finance
28 § 3521. Development of budget information.
29 § 3522. Preparation of tentative budget request.
30 § 3523. Adoption of final budget request.
19750S0935B1986 - 10 -
1 § 3524. Form of Judicial Department appropriation.
2 § 3525. List of employees to be furnished.
3 § 3526. Release of funds.
4 § 3527. Estimates of current expenditures by Administrative
5 Office.
6 § 3528. Fiscal period.
7 § 3529. Audits of affairs of unified judicial system.
8 § 3530. Preparation of requisitions.
9 Subchapter C. County Finance
10 § 3541. Judicial and correctional RELATED account. <--
11 § 3542. Credits to account. RECEIPTS. <--
12 § 3543. Debits to account. <--
13 § 3544. (Reserved).
14 § 3545. (Reserved).
15 § 3543. CREDITS TO ACCOUNT. <--
16 § 3544. DISBURSEMENTS.
17 § 3545. DEBITS TO ACCOUNT.
18 § 3546. Relief from liability for loss of property if expenses
19 not paid.
20 Subchapter D. Money Paid into Court
21 § 3561. Money paid into court.
22 Chapter 37. Facilities and Supplies
23 Subchapter A. Statewide Facilities and Services
24 § 3701. Pennsylvania Judicial Center (RESERVED). <--
25 § 3702. General facilities and services furnished by
26 Administrative Office.
27 § 3703. Local chamber facilities.
28 § 3704. Local facilities for holding sessions of Statewide
29 courts.
30 Subchapter B. District and County Facilities and Services
19750S0935B1986 - 11 -
1 § 3721. County judicial center.
2 § 3722. General facilities and services furnished by county.
3 § 3723. Other facilities and services furnished by
4 Administrative Office.
5 § 3724. County law libraries.
6 § 3725. Standards of local facilities and services.
7 § 3726. Manner of expenditure of local funds.
8 PART V. ADMINISTRATION OF JUSTICE GENERALLY
9 Chapter 41. Administration of Justice
10 Subchapter A. General Provisions
11 § 4101. Coordination of activities.
12 § 4102. Cooperative duties. <--
13 Subchapter B. Temporary Assignment of Judges and District
14 Justices
15 § 4121. Assignment of judges.
16 § 4122. Assignment of district justices.
17 § 4123. Assignment procedure.
18 Subchapter C. Contempt of Court
19 § 4131. Classification of penal contempts.
20 § 4132. Punishment for contempt.
21 § 4133. Imprisonment for failure to pay fine.
22 § 4134. Publication out of court.
23 § 4135. Criminal contempt.
24 Chapter 43. Dockets, Indices and Other Records
25 Subchapter A. Establishment, Maintenance and Effect of
26 Judicial Records
27 § 4301. Establishment and maintenance of judicial records.
28 § 4302. Effect of records as notice.
29 § 4303. Effect of judgment as lien.
30 § 4304. Notice of Federal pending action (Reserved).
19750S0935B1986 - 12 -
1 § 4305. Federal judgments.
2 § 4306. Enforcement of foreign judgments.
3 Subchapter B. Disposition of Obsolete Records
4 § 4321. Record retention schedules.
5 § 4322. Destruction and disposition of obsolete records.
6 § 4323. Form of permanent recordation.
7 § 4324. Copies of destroyed records.
8 § 4325. Duplicate permanent records.
9 § 4326. Original records meriting special care.
10 § 4327. Transfer of custody to local museum upon application.
11 Chapter 45. Juries and Jurors (Reserved)
12 PART VI. ACTIONS, PROCEEDINGS AND
13 OTHER MATTERS GENERALLY
14 Chapter 51. Preliminary Provisions
15 § 5101. Remedy to exist for legal injury.
16 § 5102. Place and form of filing applications for relief.
17 § 5103. Transfer of erroneously filed matters.
18 § 5104. Trial by jury.
19 § 5105. Right to appellate review.
20 § 5106. Change of venue.
21 Chapter 53. Bases of Jurisdiction and Interstate and
22 International Procedure
23 Subchapter A. General Provisions
24 § 5301. Persons.
25 § 5302. Land.
26 § 5303. Chattels.
27 § 5304. Documents.
28 § 5305. Corporate shares.
29 § 5306. Obligations.
30 § 5307. Status.
19750S0935B1986 - 13 -
1 Subchapter B. Interstate and International Procedure
2 § 5321. Short title of subchapter.
3 § 5322. Bases of personal jurisdiction over persons outside
4 this Commonwealth.
5 § 5323. Service of process on persons outside this
6 Commonwealth.
7 § 5324. Assistance to tribunals and litigants outside this
8 Commonwealth with respect to service.
9 § 5325. When and how a deposition may be taken outside this
10 Commonwealth.
11 § 5326. Assistance to tribunals and litigants outside this
12 Commonwealth with respect to depositions.
13 § 5327. Determination of foreign law.
14 § 5328. Proof of official records.
15 § 5329. Other provisions of law unaffected.
16 Chapter 55. Limitation of Time
17 Subchapter A. General Provisions
18 § 5501. Scope of chapter.
19 § 5502. Method of computing periods of limitation generally.
20 § 5503. Commencement of matters.
21 § 5504. Judicial extension of time.
22 § 5505. Modification of orders.
23 Subchapter B. Civil Actions and Proceedings
24 § 5521. Limitations on foreign claims.
25 § 5522. Six months limitation.
26 § 5523. One year limitation.
27 § 5524. Two year limitation.
28 § 5525. Four year limitation.
29 § 5526. Five year limitation.
30 § 5527. Six year limitation.
19750S0935B1986 - 14 -
1 § 5528. Fifteen year limitation.
2 § 5529. Twenty year limitation.
3 § 5530. Twenty-one year limitation.
4 § 5531. No limitation.
5 § 5532. Absence or concealment.
6 § 5533. Infancy, insanity or imprisonment. <--
7 § 5533. (RESERVED). <--
8 § 5534. War.
9 § 5535. Effect of other actions and proceedings.
10 § 5536. Construction projects.
11 Subchapter C. Criminal Proceedings
12 § 5551. No limitation applicable to murder.
13 § 5552. Other offenses.
14 § 5553. Tolling of statute.
15 Subchapter D. Appeals
16 § 5571. Appeals generally.
17 § 5572. Time of entry of order.
18 § 5573. Effect of application for rehearing.
19 § 5574. Effect of application for amendment to qualify for
20 interlocutory appeal.
21 Chapter 57. Bonds and Recognizances
22 Subchapter A. General Provisions
23 § 5701. Right to bail.
24 § 5702. Bail to be governed by general rules.
25 Subchapter B. Professional Bondsmen
26 § 5741. Definitions.
27 § 5742. Registration and licensure required.
28 § 5743. Issuance of license.
29 § 5744. Office.
30 § 5745. Refusal to grant or renew license.
19750S0935B1986 - 15 -
1 § 5746. Suspension or revocation of license.
2 § 5747. Statements by fidelity or surety companies.
3 § 5748. Maximum premiums.
4 § 5749. Prohibitions and penalties.
5 Chapter 59. Depositions and Witnesses
6 Subchapter A. Witnesses Generally
7 § 5901. Judicial oath.
8 § 5902. Effect of religious beliefs.
9 CRIMINAL PROCEEDINGS
10 § 5911. Competency of witnesses generally.
11 § 5912. Disqualification by perjury.
12 § 5913. Spouses as witnesses against each other.
13 § 5914. Confidential communications between spouses.
14 § 5915. Testimony by spouse in rebuttal.
15 § 5916. Confidential communications to attorney.
16 § 5917. Notes of evidence at former trial.
17 § 5918. Examination of defendant as to other offenses.
18 CIVIL MATTERS
19 § 5921. Interest not to disqualify.
20 § 5922. Disqualification by perjury.
21 § 5923. Confidential communications between spouses.
22 § 5924. Spouses as witnesses against each other.
23 § 5925. Testimony by wife against husband in rebuttal.
24 § 5926. Testimony by spouse after attack on character or
25 conduct.
26 § 5927. In actions ACTIONS by spouse to recover <--
27 separate property.
28 § 5928. Confidential communications to attorney.
29 § 5929. Physicians not to disclose information.
30 § 5930. Surviving party as witness, in case of death, mental
19750S0935B1986 - 16 -
1 incapacity, etc.
2 § 5931. Incompetent witnesses.
3 § 5932. Witness competent to testify against interest; to
4 become competent upon release of interest.
5 § 5933. Competency of surviving party.
6 § 5934. Notes of evidence at former trial.
7 § 5935. Examination of person adversely interested.
8 CERTAIN PRIVILEGES AND IMMUNITIES
9 § 5941. Who PERSONS WHO may be compelled to testify. <--
10 § 5942. Confidential communications to news reporters.
11 § 5943. Confidential communications to clergymen.
12 § 5944. Confidential communications to licensed psychologists.
13 § 5945. Confidential communications to school personnel.
14 § 5946. Confidential communications to certified public
15 accountants.
16 § 5947. Competency of witnesses and jurors.
17 § 5948. Order to testify in cases involving organized crime or <--
18 racketeering.
19 § 5948. (RESERVED). <--
20 Subchapter B. Securing Attendance of Witnesses in Criminal
21 Proceedings
22 § 5961. Short title of subchapter.
23 § 5962. Definitions.
24 § 5963. Summoning witness in this Commonwealth to testify in
25 another state.
26 § 5964. Witness from another state summoned to testify in this
27 Commonwealth.
28 § 5965. Exemption from arrest and service of process.
29 Subchapter C. Rendition of Prisoners as Witnesses in
30 Criminal Proceedings
19750S0935B1986 - 17 -
1 § 5971. Short title of subchapter.
2 § 5972. Definitions.
3 § 5973. Scope of subchapter.
4 § 5974. Summoning witness in this Commonwealth to testify in
5 another state.
6 § 5975. Court order.
7 § 5976. Terms and conditions.
8 § 5977. Prisoner from another state summoned to testify in this
9 Commonwealth.
10 § 5978. Compliance.
11 § 5979. Exemption from arrest and service of process.
12 Chapter 61. Rules of Evidence
13 Subchapter A. Documentary Evidence
14 § 6101. Scope of subchapter.
15 § 6102. Judicial notice of official seals.
16 § 6103. Proof of official records.
17 § 6104. Effect of official records generally.
18 § 6105. Acts of notaries public.
19 § 6106. Certified exemplifications of records.
20 § 6107. Judicial notice of certain local government ordinances.
21 § 6108. Business records.
22 § 6109. Photographic copies of business and public records.
23 § 6110. Registers kept by religious societies and
24 municipalities.
25 § 6111. Handwriting.
26 § 6112. Introduction of parol evidence after refusal to produce
27 documents.
28 Subchapter B. Eminent Domain Matters
29 § 6121. Eminent domain matters.
30 Subchapter C. Blood Tests to Determine Paternity
19750S0935B1986 - 18 -
1 § 6131. Short title of subchapter.
2 § 6132. Scope of subchapter.
3 § 6133. Authority for test.
4 § 6134. Selection of experts.
5 § 6135. Compensation of experts.
6 § 6136. Effect of test results.
7 § 6137. Effect on presumption of legitimacy.
8 Subchapter D. Miscellaneous Provisions
9 § 6141. Effect of certain settlements.
10 § 6142. Pleas in motor vehicle matters.
11 § 6143. Vehicle registration number prima facie evidence.
12 § 6144. Dying declarations in case of abortion.
13 Chapter 63. Juvenile Matters
14 Subchapter A. General Provisions
15 § 6301. Short title and purposes of chapter.
16 § 6302. Definitions.
17 § 6303. Scope of chapter.
18 § 6304. Powers and duties of probation officers.
19 § 6305. Masters.
20 § 6306. Costs and expenses of care of child.
21 § 6307. Inspection of court files and records.
22 § 6308. Law enforcement records.
23 Subchapter B. Jurisdiction and Custody
24 § 6321. Commencement of proceedings.
25 § 6322. Transfer from criminal proceedings.
26 § 6323. Informal adjustment.
27 § 6324. Taking into custody.
28 § 6325. Detention of child.
29 § 6326. Release or delivery to court.
30 § 6327. Place of detention.
19750S0935B1986 - 19 -
1 Subchapter C. Procedures and Safeguards
2 § 6331. Release from detention or commencement of proceedings.
3 § 6332. Informal detention hearing.
4 § 6333. Subpoena.
5 § 6334. Petition.
6 § 6335. Summons.
7 § 6336. Conduct of hearings.
8 § 6337. Right to counsel.
9 § 6338. Other basic rights.
10 § 6339. Investigation and report.
11 § 6340. Consent decree.
12 § 6341. Adjudication.
13 Subchapter D. Dispositions of Children Generally
14 § 6351. Disposition of deprived child.
15 § 6352. Disposition of delinquent child.
16 § 6353. Limitation on length of commitment.
17 § 6354. Effect of adjudication.
18 § 6355. Transfer to criminal proceedings.
19 § 6356. Disposition of mentally ill or mentally retarded child.
20 § 6357. Rights and duties of legal custodian.
21 Subchapter E. Disposition Affecting Other Jurisdictions
22 § 6361. Disposition of nonresident child.
23 § 6362. Disposition of resident child received from another
24 state.
25 § 6363. Ordering foreign supervision.
26 § 6364. Supervision under foreign order.
27 § 6365. Powers of foreign probation officers.
28 Chapter 65. Habeas Corpus
29 § 6501. Writ not to be suspended.
30 § 6502. Power to issue writ.
19750S0935B1986 - 20 -
1 § 6503. Right to apply for writ.
2 § 6504. Return on writ.
3 § 6505. Interference with writ prohibited.
4 Chapter 67. Support Proceedings
5 Subchapter A. General Provisions (Reserved)
6 Subchapter B. Reciprocal Enforcement of Support Orders
7 § 6741. Short title and purposes of subchapter.
8 § 6742. Definitions.
9 § 6743. Remedies additional to those now existing.
10 § 6744. Extent of duties of support.
11 § 6745. Interstate rendition.
12 § 6746. Conditions of interstate rendition.
13 § 6747. Choice of law.
14 § 6748. Remedies of state or political subdivision furnishing
15 support.
16 § 6749. How duties of support are enforced.
17 § 6750. Jurisdiction.
18 § 6751. Petition for support.
19 § 6752. Officials to represent obligee.
20 § 6753. Petition for a minor.
21 § 6754. Duty of initiating court.
22 § 6755. Costs and fees.
23 § 6756. Jurisdiction by arrest.
24 § 6757. State information agency.
25 § 6758. Duty of the court and officials of this Commonwealth
26 as responding state.
27 § 6759. Further duties of court and officials of responding
28 state.
29 § 6760. Hearing and continuance.
30 § 6761. Immunity from criminal prosecution.
19750S0935B1986 - 21 -
1 § 6762. Evidence of husband and wife.
2 § 6763. Rules of evidence.
3 § 6764. Order of support.
4 § 6765. Responding court to transmit copies to initiating
5 court.
6 § 6766. Additional powers of responding court.
7 § 6767. Paternity.
8 § 6768. Additional duties of responding court.
9 § 6769. Additional duty of initiating court.
10 § 6770. Proceedings not to be stayed.
11 § 6771. Application of payments.
12 § 6772. Effect of participation in proceeding.
13 § 6773. Intrastate application.
14 § 6774. Appeals.
15 § 6775. Additional remedies.
16 § 6776. Registration.
17 § 6777. Registry of foreign support orders.
18 § 6778. Official to represent obligee.
19 § 6779. Registration procedure.
20 § 6780. Effect and enforcement of registered order.
21 PART VII. CIVIL ACTIONS AND PROCEEDINGS
22 Chapter 71. General Provisions
23 § 7101. Settlements and other agreements with hospitalized
24 persons.
25 Chapter 73. Arbitration
26 Subchapter A. Statutory Arbitration (RESERVED) <--
27 § 7301. Short title of subchapter. <--
28 § 7302. Scope of subchapter.
29 § 7303. Validity of arbitration agreement.
30 § 7304. Proceedings to compel or stay arbitration.
19750S0935B1986 - 22 -
1 § 7305. Appointment of arbitrators by court.
2 § 7306. Majority action by arbitrators.
3 § 7307. Hearing.
4 § 7308. Representation by attorney.
5 § 7309. Witnesses, subpoenas and depositions.
6 § 7310. Award.
7 § 7311. Change of award by arbitrators.
8 § 7312. Fees and expenses of arbitration.
9 § 7313. Confirmation of an award.
10 § 7314. Vacating an award.
11 § 7315. Modification or correction of award.
12 § 7316. Judgment or decree on award.
13 § 7317. Applications to court.
14 § 7318. Court and jurisdiction.
15 § 7319. Venue.
16 § 7320. Appeals.
17 Subchapter B. Common Law Arbitration
18 § 7341. Common law arbitration.
19 Subchapter C. Judicial Arbitration
20 § 7361. Compulsory arbitration.
21 § 7362. Voluntary Arbitration of pending judicial matters.
22 Chapter 75. Commencement of Actions
23 Subchapter A. General Provisions
24 § 7501. Partition of property (RESERVED). <--
25 Subchapter B. Interpleader Compacts
26 § 7521. Short title of subchapter.
27 § 7522. Interpleader compact.
28 § 7523. Duties of the Department of State.
29 § 7524. Duties of the Governor.
30 Subchapter C. Declaratory Judgments
19750S0935B1986 - 23 -
1 § 7531. Short title of subchapter.
2 § 7532. General scope of declaratory remedy.
3 § 7533. Construction of documents.
4 § 7534. Before breach of contract.
5 § 7535. Rights of fiduciaries and other persons.
6 § 7536. Enumeration not exclusive.
7 § 7537. Remedy discretionary.
8 § 7538. Supplemental relief.
9 § 7539. Issues of fact.
10 § 7540. Parties.
11 § 7541. Construction of subchapter.
12 Subchapter D. Reciprocal Tax Enforcement
13 § 7551. Enforcement of taxes imposed by other states.
14 Chapter 77. Trial (Reserved)
15 Chapter 79. Post-trial Matters (Reserved)
16 Chapter 81. Judgments
17 Subchapter A. General Provisions
18 § 8101. Interest on judgments.
19 § 8102. Contribution among joint judgment debtors.
20 § 8103. Deficiency judgments.
21 § 8104. Duty of judgment creditor to enter satisfaction.
22 Subchapter B. Exemptions from Execution
23 § 8121. Scope of subchapter.
24 § 8122. Waiver of exemption.
25 § 8123. General monetary exemption.
26 § 8124. Exemption of particular goods.
27 § 8125. Tangible personal property exhibited at international
28 exhibitions.
29 § 8126. Common carriers not liable.
30 § 8127. Transfer of claim to avoid policy of Commonwealth.
19750S0935B1986 - 24 -
1 Chapter 83. Particular Rights and Immunities
2 Subchapter A. Rights of Action
3 § 8301. Death action.
4 § 8302. Survival action.
5 § 8303. Action for performance of a duty required by law.
6 Subchapter B. Contribution Among Tort-feasors
7 § 8321. Short title of subchapter.
8 § 8322. Definition.
9 § 8323. Scope of subchapter.
10 § 8324. Right of contribution.
11 § 8325. Effect of judgment.
12 § 8326. Effect of release as to other tort-feasors.
13 § 8327. Liability to make contribution as affected by release.
14 Subchapter C. Immunities Generally
15 § 8331. Medical good Samaritan civil immunity.
16 § 8332. Nonmedical good Samaritan civil immunity.
17 § 8333. Body fluid and tissue limited civil immunity.
18 § 8334. Physicians and nurses civil immunity in mass
19 immunization projects.
20 § 8335. Damages for conversion of property of fluctuating
21 value.
22 Subchapter D. Defamation
23 § 8341. Single publication limitation.
24 § 8342. Justification a defense.
25 § 8343. Burden of proof.
26 § 8344. Malice or negligence necessary to support award of
27 damages.
28 § 8345. No liability when without power of censorship.
29 Chapter 85. Matters Affecting the Commonwealth (Reserved)
30 PART VIII. CRIMINAL PROCEEDINGS
19750S0935B1986 - 25 -
1 Chapter 87. General Provisions
2 § 8701. Interpreters for the deaf.
3 Chapter 89. Commencement of Proceedings
4 Subchapter A. General Provisions
5 § 8901. Intrastate hot pursuit.
6 Subchapter B. Interstate Hot Pursuit
7 § 8921. Scope of subchapter.
8 § 8922. Authority of officers of another state to arrest in
9 this Commonwealth.
10 § 8923. Hearing after arrest.
11 § 8924. Construction of subchapter.
12 Subchapter C. Indictment and Information
13 § 8931. Indictment and information.
14 Chapter 91. Detainers and Extradition
15 Subchapter A. Agreement on Detainers
16 § 9101. Agreement on Detainers.
17 § 9102. Appropriate court.
18 § 9103. Enforcement and cooperation.
19 § 9104. Second and subsequent offenses.
20 § 9105. Escape.
21 § 9106. Duty of warden or other official.
22 § 9107. Administrator and information agent.
23 § 9108. Transmission of subchapter.
24 Subchapter B. Extradition of Persons Charged with Crime
25 § 9121. Short title of subchapter.
26 § 9122. Definitions.
27 § 9123. Duty of Governor with respect to fugitives from
28 justice.
29 § 9124. Form of demand.
30 § 9125. Governor may investigate case.
19750S0935B1986 - 26 -
1 § 9126. Extradition of persons imprisoned or awaiting trial in
2 another state or who have left the demanding state
3 under compulsion.
4 § 9127. Extradition of persons not present in demanding state
5 at time of commission of crime.
6 § 9128. Issue by Governor of warrant of arrest.
7 § 9129. Manner and place of execution.
8 § 9130. Authority of arresting officer.
9 § 9131. Rights of accused person.
10 § 9132. Penalty for noncompliance.
11 § 9133. Confinement in jail.
12 § 9134. Arrest prior to requisition.
13 § 9135. Arrest without a warrant.
14 § 9136. Commitment to await requisition.
15 § 9137. Bail.
16 § 9138. Extension of time of commitment.
17 § 9139. Forfeiture of bail.
18 § 9140. Persons under criminal prosecution in this
19 Commonwealth at time of requisition.
20 § 9141. Inquiry into guilt or innocence of accused.
21 § 9142. Governor may recall warrant or issue another.
22 § 9143. Duty of Governor in case of fugitives from this
23 Commonwealth.
24 § 9144. Issuance of requisition.
25 § 9145. Immunity from service of process in certain civil
26 actions.
27 § 9146. Written waiver of extradition proceedings.
28 § 9147. Nonwaiver by Commonwealth.
29 § 9148. Liability to further criminal prosecutions.
30 Chapter 93. Trial (Reserved)
19750S0935B1986 - 27 -
1 Chapter 95. Post-trial Matters (Reserved)
2 Section 3. Conforming amendment to Title 15.
3 Section 4. Conforming amendment to Title 18.
4 Section 5. Conforming amendment to Title 71.
5 Section 6. Notice to Insurance Department.
6 Section 7. Existing president judges.
7 Section 8. Pending actions and proceedings.
8 Section 9. Philadelphia Municipal Court.
9 Section 10. Concurrent jurisdiction of Court of Common Pleas of
10 Philadelphia County.
11 Section 11. (Reserved) LOAN INTEREST AND PROTECTION LAW. <--
12 Section 12. Allegheny County appointments.
13 Section 13. Juvenile Court Judges' Commission. (RESERVED). <--
14 Section 14. Continuation of existing judicial boards,
15 commissions and committees.
16 Section 15. Minor Judiciary Education Board.
17 Section 16. Boards of viewers.
18 Section 17. Landlord and tenant officers and writ servers.
19 Section 18. Traffic court writ servers.
20 Section 19. Applicability of minor judiciary education
21 requirements.
22 Section 20. Minor judiciary education expenses.
23 Section 21. Certain judges of Commonwealth Court.
24 Section 22. Existing judges of the Traffic Court of
25 Philadelphia.
26 Section 23. Existing judicial officers.
27 Section 24. Financial matters.
28 Section 25. Effect of act on periods of limitation.
29 Section 26. Repeals and related provisions.
30 Section 27. Effect on certain officers.
19750S0935B1986 - 28 -
1 SECTION 28. SHORT TITLE. <--
2 Section 28 29. Effective date. <--
3 Source Notes
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Chapter 83 (relating to bases of jurisdiction) of
7 Title 42, act of November 25, 1970 (P.L.707, No.230), known as
8 the Pennsylvania Consolidated Statutes, added November 15, 1972
9 (P.L.1063, No.271), is hereby repealed absolutely.
10 Section 2. Title 42 is amended to read:
11 TITLE 42
12 JUDICIARY AND JUDICIAL PROCEDURE
13 Part
14 I. Preliminary Provisions
15 II. Organization [of Judicial Branch]
16 III. Selection, Retention and Removal of Judicial Officers
17 IV. Financial Matters
18 V. Administration of Justice Generally
19 VI. Actions, [and] Proceedings and Other Matters Generally
20 VII. Civil Actions and Proceedings
21 VIII. Criminal Proceedings
22 [IX. General Provisions]
23 PART I
24 PRELIMINARY PROVISIONS
25 Chapter
26 1. General Provisions
27 CHAPTER 1
28 GENERAL PROVISIONS
29 Sec.
30 101. Short title of title.
19750S0935B1986 - 29 -
1 102. Definitions.
2 103. Principles of construction.
3 § 101. Short title of title.
4 This title shall be known and may be cited as the "Judicial
5 Code."
6 § 102. Definitions.
7 Subject to additional definitions contained in subsequent
8 provisions of this title which are applicable to specific
9 provisions of this title, the following words and phrases, when
10 used in this title shall have, unless the context clearly
11 indicates otherwise, the meanings given to them in this section:
12 "Action." Any action at law or in equity.
13 "Administrative judge." The administrative judge of a
14 division of a court, determined or selected as prescribed by
15 general rule.
16 "Administrative office." The office of the Court
17 Administrator of Pennsylvania as specified in section 1902
18 (relating to Administrative Office of Pennsylvania Courts).
19 "Administrative staff." All individuals employed in the
20 business of a court, including the personnel of the office of
21 the clerk of the court of common pleas, but the term does not
22 include judicial officers or their personal staff. The term
23 includes the clerks or prothonotaries of the Supreme Court, the
24 Superior Court and the Commonwealth Court and their staffs.
25 "Affidavit." Includes an unsworn document containing
26 statements of fact and a statement by the signatory that it is
27 made subject to the penalties of 18 Pa.C.S. §4904 (relating to
28 unsworn falsification to authorities).
29 "Appeal." Any petition or other application to a court for
30 review of subordinate governmental determinations. The term
19750S0935B1986 - 30 -
1 includes an application for certiorari under section 934
2 (relating to writs of certiorari) or under any other provision
3 of law. Where required by the context, the term includes
4 proceedings on petition for review.
5 "Appellate court." Includes the Supreme Court, the Superior
6 Court and the Commonwealth Court.
7 "Appointive judicial officers." Arbitrators, auditors,
8 commissioners to take oaths and depositions, custodians,
9 examiners, guardians, masters, receivers, referees, trustees,
10 viewers and other like officers.
11 "Branch." As applied to a court of common pleas in a multi-
12 county judicial district, an administrative unit composed of
13 those members of the staff of the court from a particular county
14 within the judicial district.
15 "Central staff." All individuals employed in the business of
16 the unified judicial system, but the term does not include
17 district justices or their personal staff or personnel of the
18 courts.
19 "Clerk." As applied to a court of common pleas or the
20 Philadelphia Municipal Court, the personnel of the office of the
21 clerk of the court of common pleas, and as applied to any other
22 court, the administrative staff responsible for the receipt of
23 documents transmitted to the court by litigants and the
24 transmission of notice of orders entered by and process issued
25 under the authority of the court.
26 "Clerk of the courts." The officer exercising the powers and
27 performing the duties specified in Subchapter C of Chapter 27
28 (relating to clerks of the courts). The term includes the Clerk
29 of Quarter Sessions of Philadelphia.
30 "Clerk of the orphans' court division." The officer
19750S0935B1986 - 31 -
1 exercising the powers and performing the duties specified in
2 Subchapter D of Chapter 27 (relating to clerks of orphans' court
3 divisions).
4 "Commonwealth agency." Any executive agency or independent
5 agency.
6 "Commonwealth Court." The court existing under section 4 of
7 Article V of the Constitution of Pennsylvania and Subchapter C
8 of Chapter 5 (relating to Commonwealth Court of Pennsylvania).
9 "Commonwealth government." The government of the
10 Commonwealth, including the courts and other officers or
11 agencies of the unified judicial system, the General Assembly
12 and its officers and agencies, the Governor, and the
13 departments, boards, commissions, authorities and officers and
14 agencies of the Commonwealth, but the term does not include any
15 political subdivision, municipal or other local authority, or
16 any officer or agency of any such political subdivision or local
17 authority.
18 "Community court." A court existing in a judicial district
19 under section 6(a) of Article V of the Constitution of
20 Pennsylvania and Subchapter A of Chapter 11 (relating to
21 community courts).
22 "County." Includes the City and County of Philadelphia.
23 "County staff." System and related personnel elected by the
24 electorate of a county or subject to appointment and removal by
25 officers, other than judicial officers, so elected. The term
26 does not include judicial officers.
27 "Court." Includes any one or more of the judges of the court
28 who are authorized by general rule or rule of court, or by law
29 or usage, to exercise the powers of the court in the name of the
30 court.
19750S0935B1986 - 32 -
1 "Court Administrator of Pennsylvania." The court
2 administrator appointed by the Supreme Court under section 10(b)
3 of Article V of the Constitution of Pennsylvania and section
4 1901 (relating to Court Administrator of Pennsylvania).
5 "Court of common pleas." The court existing in each judicial
6 district under section 5 of Article V of the Constitution of
7 Pennsylvania and Chapter 9 (relating to organization and
8 jurisdiction of courts of common pleas).
9 "Determination." Action or inaction by a government unit
10 which action or inaction is subject to judicial review by a
11 court under section 9 of Article V of the Constitution of
12 Pennsylvania or otherwise. The term includes an order entered by
13 a government unit.
14 "District justice." A justice of the peace holding office
15 under section 7(a) of Article V of the Constitution of
16 Pennsylvania and Chapter 15 (relating to district justices).
17 "Division." An administrative unit composed of those judges
18 of the court responsible for the transaction of a specified
19 class of the business of the court. In a court having two or
20 more divisions each division of the court is vested with the
21 full jurisdiction of the whole court, but the business of the
22 court may be allocated among the divisions of the court by or
23 pursuant to general rules.
24 "Executive agency." The Governor and the departments,
25 boards, commissions, authorities and other officers and agencies
26 of the Commonwealth government, but the term does not include
27 any court or other officer or agency of the unified judicial
28 system, the General Assembly and its officers and agencies, or
29 any independent agency.
30 "General rule." A rule or order promulgated by or pursuant <--
19750S0935B1986 - 33 -
1 to the authority of the Supreme Court.
2 "GENERAL RULE." A RULE OR ORDER PROMULGATED BY THE GOVERNING <--
3 AUTHORITY.
4 "Governing authority." When used with respect to the <--
5 exercise of any power or the performance of any duty:
6 (1) the THE Supreme Court; or <--
7 (2) any agency or unit of the unified judicial system
8 exercising such A power or performing such A duty pursuant to <--
9 the authority of the Supreme Court under section 1721 <--
10 (relating to delegation of powers).
11 "Government agency." Any Commonwealth agency or any
12 political subdivision or municipal or other local authority, or
13 any officer or agency of any such political subdivision or local
14 authority.
15 "Government unit." The General Assembly and its officers and
16 agencies, any government agency or any court or other officer or
17 agency of the unified judicial system.
18 "Independent agency." Boards, commissions, authorities and
19 other agencies and officers of the Commonwealth government which
20 are not subject to the policy supervision and control of the
21 Governor, but the term does not include any court or other
22 officer or agency of the unified judicial system or the General
23 Assembly and its officers and agencies.
24 "Indictable offense." An offense other than a summary
25 offense.
26 "Issuing authority." Any judge or district justice of the
27 minor judiciary, subject to the express limitations on
28 jurisdiction specified in this title.
29 "Judge." Includes a justice of the Supreme Court. Except
30 with respect to the power to select a president or
19750S0935B1986 - 34 -
1 administrative judge, to appoint and remove the administrative
2 staff of the court and to adopt rules of court and other similar
3 matters, the term includes a senior judge.
4 "Judicial and correctional RELATED account." The account <--
5 required to be established upon the books of certain political
6 subdivisions pursuant to section 3541 (relating to judicial and
7 correctional RELATED account). <--
8 "Judicial branch." The judicial branch specified in section
9 10(c) of Article V of the Constitution of Pennsylvania.
10 "Judicial department." A term utilized in appropriation
11 statutes to distinguish judicial appropriations from other
12 appropriations.
13 "Judicial district." A district established by section 901
14 (relating to judicial districts) for the election of one or more
15 judges of a court of common pleas.
16 "Judicial officers." Judges, district justices and
17 appointive judicial officers.
18 "Law." The common law and statutory law of the Commonwealth <--
19 of Pennsylvania, including general rules and the provisions of
20 the Constitution of Pennsylvania.
21 "Litigant." A party or any other person legally concerned
22 with the results of a matter.
23 "Magisterial district." A district established within a
24 judicial district pursuant to Subchapter A of Chapter 15
25 (relating to magisterial districts) for the election of a
26 district justice.
27 "Matter." Action, proceeding or appeal.
28 "Minor judiciary." The community courts, district justices,
29 Philadelphia Municipal Court, Pittsburgh Magistrates Court, and
30 Traffic Court of Philadelphia.
19750S0935B1986 - 35 -
1 "Office of the clerk of the court of common pleas." A term
2 employed in this title to refer generally to the administrative
3 staff of the courts of common pleas and the Philadelphia
4 Municipal Court responsible for the receipt of documents
5 transmitted to the court by litigants and the transmission of
6 notice of orders entered by and process issued under the
7 authority of the court. The business of such staff shall be
8 divided among the personnel of the offices of the prothonotary,
9 the clerk of the courts and the clerk of the orphans' court
10 division in the manner provided by or pursuant to Chapter 27
11 (relating to office of the clerk of the court of common pleas).
12 Except as otherwise provided by statute, the term does not imply
13 the unification of the administration, personnel or operations
14 of any or all of such offices.
15 "Order." Includes judgment, decision, decree, sentence and
16 adjudication.
17 "Participant." Litigants, witnesses and their counsel.
18 "Party." A person who commences or against whom relief is
19 sought in a matter. The term includes counsel for such a person
20 who is represented by counsel.
21 "Personal staff." Private secretaries, law clerks and such
22 other personnel as an individual may be authorized by law to
23 select and remove subject to standards and classifications
24 established by the governing authority.
25 "Personnel of the court." The judges and staff of the court.
26 "Personnel of the system." Judicial officers, personal
27 staff, administrative staff and central staff.
28 "Philadelphia Municipal Court." The municipal court existing
29 under section 6(c) of Article V of the Constitution of
30 Pennsylvania and Subchapter B of Chapter 11 (relating to
19750S0935B1986 - 36 -
1 Philadelphia Municipal Court) so long as a community court has
2 not been established or in the event one has been discontinued
3 in the City and County of Philadelphia.
4 "Pittsburgh Magistrates Court." The court existing under
5 Subchapter C of Chapter 11 (relating to Pittsburgh Magistrates
6 Court).
7 "President judge." The president judge of a court determined
8 or selected as provided or as prescribed by law.
9 "Proceeding." Includes every declaration, petition or other
10 application which may be made to a court under law or usage, and <--
11 includes every declaration, petition or other application which
12 may be made OR under special statutory authority, but the term <--
13 does not include an action or an appeal.
14 "Process." A document evidencing a command of a court.
15 "Prothonotary." The officer exercising the powers and
16 performing the duties specified in Subchapter B of Chapter 27
17 (relating to prothonotaries).
18 "Quasijudicial order." An order of a government unit, made
19 after notice and opportunity for hearing, which is by law
20 reviewable solely upon the record made before the government
21 unit, and not upon a record made in whole or in part before the
22 reviewing court. This definition has no application to the
23 definition of "tribunal".
24 "Related staff." All individuals employed at public expense
25 who serve the unified judicial system, but the term does not
26 include personnel of the system.
27 "Rule of court." A rule promulgated by a court regulating
28 practice or procedure before the promulgating court.
29 "Section." An administrative unit of the administrative
30 staff of the court composed of those persons responsible for the
19750S0935B1986 - 37 -
1 support of a class of the business of the court specified by
2 law.
3 "Senior judge." A former or retired judge who, with his
4 consent, is assigned on temporary judicial service pursuant to
5 section 4121(b) (relating to assignment of judges).
6 "Staff of the court." Appointive judicial officers, the
7 administrative staff and personal staff of the court.
8 "State." When used in reference to the different parts of
9 the United States, includes the District of Columbia, the
10 Commonwealth of Puerto Rico, the Virgin Islands, and other
11 organized territories and possessions of the United States.
12 "State Law Library." The Law Library Bureau of the State
13 Library of Pennsylvania.
14 "Superior Court." The court existing under section 3 of
15 Article V of the Constitution of Pennsylvania and Subchapter B
16 of Chapter 5 (relating to Superior Court of Pennsylvania).
17 "Supreme Court." The court existing under section 2 of
18 Article V of the Constitution of Pennsylvania and Subchapter A
19 of Chapter 5 (relating to Supreme Court of Pennsylvania).
20 "System." The unified judicial system.
21 "System and related personnel." Personnel of the system and
22 related staff. The term includes district attorneys, public
23 defenders, sheriffs and other officers serving process or
24 enforcing orders, registers of wills, prothonotaries, clerks of
25 the courts, clerks of the orphans' court division, coroners,
26 jury commissioners, prison and correctional officials, and the
27 personnel of all of the foregoing.
28 "Traffic Court of Philadelphia." The traffic court existing
29 under section 6(c) of Article V of the Constitution of
30 Pennsylvania and Subchapter B of Chapter 13 (relating to Traffic
19750S0935B1986 - 38 -
1 Court of Philadelphia) so long as a community court has not been
2 established or in the event one has been discontinued in the
3 City and County of Philadelphia.
4 "Tribunal." A court, district justice or other judicial
5 officer vested with the power to enter an order in a matter. The
6 term includes a government unit, OTHER THAN THE GENERAL ASSEMBLY <--
7 AND ITS OFFICERS AND AGENCIES, when performing quasi-judicial
8 functions.
9 "Unified judicial system." The unified judicial system
10 existing under section 1 of Article V of the Constitution of
11 Pennsylvania and section 301 (relating to unified judicial
12 system).
13 "Verified." Includes an unsworn document containing a
14 statement by the signatory that is made subject to the penalties
15 of 18 Pa.C.S. § 4904 (relating to unsworn falsification to
16 authorities).
17 § 103. Principles of construction.
18 (a) Necessary powers conferred.--The provisions of this
19 title shall be construed so as to vest in the unified judicial
20 system and in the personnel of the system power to do all things
21 that are reasonably necessary for the proper execution and
22 administration of their functions within the scope of their
23 respective jurisdiction.
24 (b) No inference from express grant of powers.--The
25 inclusion in this title of provisions derived from or based on
26 the text of the Constitution of Pennsylvania and the
27 specification in this title of the powers of the unified
28 judicial system is for the avoidance of potential controversy
29 and the convenient codification of the powers of the system from
30 whatever source derived and shall not be construed as a
19750S0935B1986 - 39 -
1 determination by the General Assembly that any of such powers
2 are or are not inherent in the Supreme Court or the other
3 agencies and units of the system under the Constitution of
4 Pennsylvania or otherwise.
5 PART II
6 ORGANIZATION [OF JUDICIAL BRANCH]
7 Subpart
8 A. Courts and District Justices
9 B. Other Structural Provisions
10 SUBPART A
11 COURTS AND DISTRICT JUSTICES
12 Article
13 A. Preliminary Provisions
14 B. Appellate Courts
15 C. Courts of Common Pleas
16 D. Minor Courts
17 E. District Justices
18 ARTICLE A
19 PRELIMINARY PROVISIONS
20 Chapter
21 3. General Structure and Powers
22 CHAPTER 3
23 GENERAL STRUCTURE AND POWERS
24 Subchapter
25 A. Unified Judicial System
26 B. General Provisions Relating to Courts
27 SUBCHAPTER A
28 UNIFIED JUDICIAL SYSTEM
29 Sec.
30 301. Unified judicial system.
19750S0935B1986 - 40 -
1 § 301. Unified judicial system.
2 The judicial power of the Commonwealth shall be vested in a
3 unified judicial system consisting of the:
4 (1) Supreme Court.
5 (2) Superior Court.
6 (3) Commonwealth Court.
7 (4) Courts of common pleas.
8 (5) Community courts.
9 (6) Philadelphia Municipal Court.
10 (7) Pittsburgh Magistrates Court.
11 (8) Traffic Court of Philadelphia.
12 (9) District justices.
13 All courts and district justices and their jurisdiction shall be
14 in this unified judicial system.
15 SUBCHAPTER B
16 GENERAL PROVISIONS RELATING TO COURTS
17 Sec.
18 321. Court of record.
19 322. Seal.
20 323. Powers.
21 324. Sessions and terms of court.
22 325. Chief Justice and president judges.
23 326. Quorum.
24 327. Oaths and acknowledgments.
25 § 321. Court of record.
26 Except as otherwise provided in this subpart every court of
27 this Commonwealth shall be a court of record with all the
28 qualities and incidents of a court of record at common law.
29 § 322. Seal.
30 Each court of this Commonwealth shall have a seal engraved
19750S0935B1986 - 41 -
1 with the name of the court and such other inscription as may be
2 specified by general rule or rule of court. A facsimile or
3 preprinted seal may be used for all purposes in lieu of the
4 original seal.
5 § 323. Powers.
6 Every court shall have power to issue, under its judicial
7 seal, every lawful writ and process necessary or suitable for
8 the exercise of its jurisdiction and for the enforcement of any
9 order which it may make and all legal and equitable powers
10 required for or incidental to the exercise of its jurisdiction,
11 and, except as otherwise prescribed by general rules, every
12 court shall have power to make such rules and orders of court as
13 the interest of justice or the business of the court may
14 require.
15 § 324. Sessions and terms of court.
16 Except as otherwise prescribed by general rule or rule of
17 court each court shall be in session as often as its judges
18 shall deem necessary or proper and there shall be no terms of
19 court. Each court shall always be open for the transaction of
20 judicial business and the court or any judge shall have the same
21 power in vacation to issue injunctions, grant stays and enter
22 other orders as they have while the court is in session. The
23 continued existence or expiration of a session of a court in no
24 way affects the power of a court to do any act or take any
25 proceeding.
26 § 325. Chief Justice and president judges.
27 (a) General rule.--The Chief Justice of Pennsylvania and the
28 president judges of all courts with seven or less judges shall
29 be the judge longest in continuous service on their respective
30 courts. In the event of his resignation from this position the
19750S0935B1986 - 42 -
1 judge next longest in continuous service shall be the Chief
2 Justice of Pennsylvania or the president judge. Should any two
3 or more judges of the same court assume office at the same time,
4 they shall cast lots forthwith for priority of commission, and
5 certify the results to the Governor who shall issue their
6 commissions accordingly.
7 (b) Courts of eight or more judges.--The president judges of
8 all courts with eight or more judges shall be selected for five-
9 year terms by the members of their respective courts. In the
10 event of a tie vote for the office of president judge, the
11 Supreme Court shall appoint as president judge one of the judges
12 receiving the highest number of votes.
13 (c) Traffic Court of Philadelphia.--Notwithstanding any
14 other provision of this section, the President Judge of the
15 Traffic Court of Philadelphia shall be appointed by the Governor
16 for a five-year term or at the pleasure of the Governor.
17 (d) Resignation and temporary inability.--The Chief Justice
18 of Pennsylvania or a president judge may resign such position
19 and remain a member of the court. If the Chief Justice or a <--
20 president judge is temporarily unable to perform his duties as
21 such, they shall be performed by the judge designated by or
22 pursuant to general rule.
23 (e) Powers of president judge.--Except as otherwise provided
24 or prescribed by this title, by general rule or by order of the
25 governing authority, the president judge of a court shall:
26 (1) Be the executive and administrative head of the
27 court, supervise the judicial business of the court,
28 promulgate all administrative rules and regulations, make all
29 judicial assignments, and assign and reassign among the
30 personnel of the court available chambers and other physical
19750S0935B1986 - 43 -
1 facilities.
2 (2) Exercise the powers of the court under section
3 2301(a)(2) (relating to appointment of personnel).
4 § 326. Quorum.
5 (a) Supreme Court.--A majority of the Supreme Court shall be
6 a quorum of the court.
7 (b) Other courts.--The quorum requisite to hold a session of
8 any other court shall be specified by general rule.
9 (c) Inability to assemble quorum.--Where by reason of
10 vacancy, illness, disqualification or otherwise it is impossible
11 to assemble a quorum of a court at the time and place
12 appropriate therefor, sufficient judges shall be temporarily
13 assigned to the court to permit the court to hold a duly
14 convened session and transact the business of the court.
15 (d) Court en banc.--The composition of a court en banc shall
16 be as specified by general rules.
17 § 327. Oaths and acknowledgments.
18 Each judicial officer, each clerk of court, and such other
19 system and related personnel PERSONNEL OF THE SYSTEM and jurors <--
20 as may be designated by or pursuant to general rules may
21 administer oaths and affirmations and take acknowledgments.
22 ARTICLE B
23 APPELLATE COURTS
24 Chapter
25 5. Organization of Appellate Courts
26 7. Jurisdiction of Appellate Courts
27 CHAPTER 5
28 ORGANIZATION OF APPELLATE COURTS
29 Subchapter
30 A. Supreme Court of Pennsylvania
19750S0935B1986 - 44 -
1 B. Superior Court of Pennsylvania
2 C. Commonwealth Court of Pennsylvania
3 SUBCHAPTER A
4 SUPREME COURT OF PENNSYLVANIA
5 Sec.
6 501. Supreme Court.
7 502. General powers of Supreme Court.
8 503. Reassignment of matters.
9 504. Seat of court.
10 § 501. Supreme Court.
11 The Supreme Court of Pennsylvania shall consist of the Chief
12 Justice of Pennsylvania and six associate justices. The court
13 shall be the highest court of this Commonwealth and in it shall
14 be reposed the supreme judicial power of the Commonwealth.
15 § 502. General powers of Supreme Court.
16 The Supreme Court shall have and exercise the powers vested
17 in it by the Constitution of Pennsylvania, including the power
18 generally to minister justice to all persons and to exercise the
19 powers of the court, as fully and amply, to all intents and
20 purposes, as the justices of the Court of King's Bench, Common
21 Pleas and Exchequer, at Westminster, or any of them, could or
22 might do on May 22, 1722. The Supreme Court shall also have and
23 exercise the following powers:
24 (1) All powers necessary or appropriate in aid of its
25 original and appellate jurisdiction which are agreeable to
26 the usages and principles of law.
27 (2) The powers vested in it by statute, including the
28 provisions of this title.
29 § 503. Reassignment of matters.
30 The (A) GENERAL RULE.--THE Supreme Court may by general rule <--
19750S0935B1986 - 45 -
1 provide for the assignment and reassignment of classes of
2 matters among the several courts of this Commonwealth and the
3 district justices as the needs of justice shall require and all
4 laws shall be suspended to the extent that they are inconsistent
5 with such general rules. Such rules shall be reported to the <--
6 General Assembly by the Chief Justice at or after the beginning
7 of a regular session thereof but not later than the first day of
8 May. Such rules shall take effect upon the expiration of 90 days
9 after they have been thus reported unless the General Assembly,
10 by the adoption of a concurrent resolution, signifies its
11 legislative intent to the contrary.
12 (B) PROCEDURES.-- <--
13 (1) RULES ADOPTED PURSUANT TO SUBSECTION (A) SHALL BE
14 REPORTED TO THE GENERAL ASSEMBLY BY THE CHIEF JUSTICE AT OR
15 AFTER THE BEGINNING OF A REGULAR SESSION THEREOF, BUT NOT
16 LATER THAN MAY 1.
17 (2) UPON RECEIPT, SUCH RULES SHALL BE PROPOSED TO EACH
18 HOUSE OF THE GENERAL ASSEMBLY AS A RESOLUTION OR RESOLUTIONS,
19 SHALL BE PLACED ON THE CALENDAR OF EACH HOUSE FOR THE NEXT
20 LEGISLATIVE DAY FOLLOWING THEIR RECEIPT, AND SHALL BE
21 CONSIDERED BY EACH HOUSE WITHIN 120 CALENDAR DAYS OF
22 CONTINUOUS SESSION BY THE GENERAL ASSEMBLY.
23 (3) SUCH RULES SHALL TAKE EFFECT IF THEY ARE APPROVED BY
24 A MAJORITY VOTE OF THE DULY ELECTED MEMBERS OF EACH HOUSE
25 DURING SUCH 120-DAY PERIOD, OR MAY BE DISAPPROVED BY EITHER
26 HOUSE DURING THAT PERIOD BY A MAJORITY VOTE OF THE DULY
27 ELECTED MEMBERSHIP OF EACH HOUSE. THE EFFECTIVE DATE OF SUCH
28 RULES SHALL BE THE DATE OF APPROVAL OF THE LAST OF THE TWO
29 HOUSES TO ACT.
30 (4) UPON THE EXPIRATION OF THE 120-DAY PERIOD AFTER THE
19750S0935B1986 - 46 -
1 DELIVERY OF SUCH RULES TO THE TWO HOUSES OF THE GENERAL
2 ASSEMBLY AND THE FAILURE TO ACT AS PROVIDED IN PARAGRAPHS (2)
3 AND (3), SUCH RULES SHALL BECOME EFFECTIVE.
4 (5) FOR THE PURPOSES OF THIS SUBSECTION, CONTINUITY OF
5 SESSION SHALL BE CONSIDERED AS BROKEN ONLY BY AN ADJOURNMENT
6 OF THE GENERAL ASSEMBLY SINE DIE; BUT IN THE COMPUTATION OF
7 THE 120-DAY PERIOD, THERE SHALL BE EXCLUDED THE DAYS ON WHICH
8 EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN ADJOURNMENT OF
9 MORE THAN TEN DAYS TO A DAY CERTAIN.
10 (6) ANY SUCH RULES MAY, UNDER PROVISIONS CONTAINED
11 THEREIN, BE MADE OPERATIVE AT A TIME LATER THAN THE DATE ON
12 WHICH SUCH RULES WOULD OTHERWISE TAKE EFFECT.
13 § 504. Seat of court.
14 The regular sessions of the Supreme Court shall be held in
15 the facility specified in section 3701 (relating to Pennsylvania
16 Judicial Center) and elsewhere as prescribed by general rule. or <--
17 rule of court.
18 SUBCHAPTER B
19 SUPERIOR COURT OF PENNSYLVANIA
20 Sec.
21 541. Superior Court.
22 542. Powers of Superior Court.
23 543. Seat of court.
24 § 541. Superior Court.
25 The Superior Court of Pennsylvania shall consist of seven
26 judges.
27 § 542. Powers of Superior Court.
28 The Superior Court shall have all powers necessary or
29 appropriate in aid of its jurisdiction which are agreeable to
30 the usages and principles of law.
19750S0935B1986 - 47 -
1 § 543. Seat of court.
2 The regular sessions of the Superior Court shall be held at
3 the cities of Harrisburg, Philadelphia and Pittsburgh and
4 elsewhere as prescribed by general rule or rule of court.
5 SUBCHAPTER C
6 COMMONWEALTH COURT OF PENNSYLVANIA
7 Sec.
8 561. Commonwealth Court.
9 562. Powers of Commonwealth Court.
10 563. Seat of court.
11 564. Evidentiary hearings.
12 § 561. Commonwealth Court.
13 The Commonwealth Court of Pennsylvania shall consist of seven
14 judges.
15 § 562. Powers of Commonwealth Court.
16 The Commonwealth Court shall have power to issue, under its
17 judicial seal, every lawful writ and process necessary or
18 suitable for the exercise of its jurisdiction and for the
19 enforcement of any order which it may make, including such writs
20 and process to or to be served or enforced by system and related
21 personnel as the courts of common pleas are authorized by law or
22 usage to issue. The court shall also have all powers of a court
23 of record possessed by the courts of common pleas and all powers
24 necessary or appropriate in aid of its appellate jurisdiction
25 which are agreeable to the usages and principles of law.
26 § 563. Seat of court.
27 (a) Regular sessions.--The regular sessions of the
28 Commonwealth Court shall be held at the seat of government and
29 elsewhere as provided in subsection (b). Each judge shall be
30 provided with suitable chambers and other facilities at the seat
19750S0935B1986 - 48 -
1 of government. The intention of this provision is to render the
2 court and the judges thereof as available, except as provided in
3 subsection (b) or as otherwise provided in this title, at the
4 seat of government for the conduct of routine and emergency
5 judicial business as would be the case if the jurisdiction of
6 the court were exercised by the Court of Common Pleas of Dauphin
7 County.
8 (b) Other sessions.--Within the limits of available
9 appropriations, special sessions of the court may be held from
10 time to time for the convenience of parties or witnesses, or
11 both, in the interest of justice, in such judicial districts of
12 this Commonwealth as make available without cost to the
13 Commonwealth suitable courtroom and related physical facilities.
14 The court shall also sit in the cities of Philadelphia and
15 Pittsburgh.
16 § 564. Evidentiary hearings.
17 In any matter which requires the taking of testimony, the
18 President Judge of the Commonwealth Court may assign a judge of
19 the court, or another judge temporarily assigned to the court
20 pursuant to section 4121 (relating to assignment of judges), to
21 sit and receive the evidence, and perform such other duties as
22 may be prescribed by rule or order of court.
23 CHAPTER 7
24 JURISDICTION OF APPELLATE COURTS
25 Subchapter
26 A. General Provisions
27 B. Jurisdiction of Supreme Court
28 C. Jurisdiction of Superior Court
29 D. Jurisdiction of Commonwealth Court.
30 SUBCHAPTER A
19750S0935B1986 - 49 -
1 GENERAL PROVISIONS
2 Sec.
3 701. Scope of subchapter.
4 702. Interlocutory orders.
5 703. Place and form of filing appeals.
6 704. Waiver of objections to jurisdiction.
7 705. Transfers between intermediate appellate courts.
8 706. Disposition of appeals.
9 707. Lien of judgments FOR MONEY. <--
10 708. Improvident administrative appeals and other matters.
11 § 701. Scope of subchapter.
12 (a) General rule.--The provisions of this subchapter shall
13 apply to all courts of this Commonwealth, including the courts
14 of common pleas when sitting as appellate courts.
15 (b) Reassignment of matters.--Any of the provisions of
16 Subchapter B (relating to jurisdiction of Supreme Court),
17 Subchapter C (relating to jurisdiction of Superior Court) and
18 Subchapter D (relating to jurisdiction of Commonwealth Court)
19 shall be subject to and superseded by any inconsistent
20 provisions of any general rule adopted pursuant to section 503
21 (relating to reassignment of matters).
22 § 702. Interlocutory orders.
23 (a) Appeals authorized by law.--Except as otherwise <--
24 prescribed by any general rule adopted pursuant to section 503
25 (relating to reassignment of matters) an AN appeal authorized by <--
26 law from an interlocutory order in a matter shall be taken to
27 the appellate court having jurisdiction of final orders in such
28 matter.
29 (b) Interlocutory appeals by permission.--When a court or
30 other government unit, in making an interlocutory order in a
19750S0935B1986 - 50 -
1 matter in which its final order would be within the jurisdiction
2 of an appellate court, shall be of the opinion that such order
3 involves a controlling question of law as to which there is
4 substantial ground for difference of opinion and that an
5 immediate appeal from the order may materially advance the
6 ultimate termination of the matter, it shall so state in such
7 order. The appellate court may thereupon, in its discretion,
8 permit an appeal to be taken from such order. Except as <--
9 otherwise prescribed by general rule, a
10 (C) SUPERSEDEAS.--A petition for permission to appeal under <--
11 this subsection SECTION shall not stay the proceedings before <--
12 the lower court or other government unit, unless the lower court
13 or other government unit or the appellate court or a judge
14 thereof shall so order.
15 § 703. Place and form of filing appeals.
16 Appeals, petitions for review, petitions for permission to
17 appeal and petitions for allowance of appeal shall be filed in
18 such office and in such form as may be prescribed by general
19 rule.
20 § 704. Waiver of objections to jurisdiction.
21 (a) General rule.--The failure of an appellee to file an
22 objection to the jurisdiction of an appellate court within such
23 time as may be specified by general rule, shall, unless the
24 appellate court otherwise orders, operate to perfect the
25 appellate jurisdiction of such appellate court, notwithstanding
26 any provision of this title, or of any general rule adopted
27 pursuant to section 503 (relating to reassignment of matters),
28 vesting jurisdiction of such appeal in another appellate court.
29 (b) Exception.--Subsection (a) shall not apply to any defect
30 in the jurisdiction of an appellate court which arises out of:
19750S0935B1986 - 51 -
1 (1) The failure to effect a filing within the time
2 provided or prescribed by law.
3 (2) An attempt to take an appeal from an interlocutory
4 order which has not been made appealable by law or pursuant
5 to section 702(b) (relating to interlocutory appeals by
6 permission).
7 § 705. Transfers between intermediate appellate courts.
8 The Superior Court and the Commonwealth Court shall have
9 power pursuant to general rules, on their own motion or upon
10 petition of any party, to transfer any appeal to the other court
11 for consideration and decision with any matter pending in such
12 other court involving the same or related questions of fact, law
13 or discretion.
14 § 706. Disposition of appeals.
15 An appellate court may affirm, modify, vacate, set aside or
16 reverse any order brought before it for review, and may remand
17 the matter and direct the entry of such appropriate order, or
18 require such further proceedings to be had as may be just under
19 the circumstances.
20 § 707. Lien of judgments FOR MONEY. <--
21 Any judgment or other order of the Supreme Court, the
22 Superior Court or the Commonwealth Court for the payment of
23 money shall not be a lien upon real property in any county until
24 it is entered of record in the office of the clerk of the court
25 of common pleas of the county where the property is situated, or
26 in the office of the clerk of the branch of the court of common
27 pleas embracing such county, in the same manner as a judgment
28 transferred from the court of common pleas of another county.
29 § 708. Improvident administrative appeals and other matters.
30 (a) General rule.--No objection to a governmental
19750S0935B1986 - 52 -
1 determination shall be defeated by reason of error in the form
2 of the objection or the office of clerk of court in which the
3 objection is filed.
4 (b) Appeals.--If an appeal is improvidently taken to a court
5 under any provision of law from the determination of a
6 government unit where the proper mode of relief is an action in
7 the nature of equity, mandamus, prohibition, quo warranto or
8 otherwise, this alone shall not be a ground for dismissal, but
9 the papers whereon the appeal was taken shall be regarded and
10 acted on as a complaint or other proper process commenced
11 against the government unit or the persons for the time being
12 conducting its affairs and as if filed at the time the appeal
13 was taken.
14 (c) Other matters.--If a complaint in the nature of equity,
15 mandamus, prohibition, quo warranto or other original process is
16 commenced in any court against a government unit or one or more
17 of the persons for the time being conducting its affairs, as
18 such, objecting to a governmental determination by any of them,
19 where the proper mode of relief is an appeal from the
20 determination of the government unit, this alone shall not be a
21 ground for dismissal, but the papers whereon the process against
22 the government unit or any of such persons was commenced shall
23 be regarded and acted on as an appeal from such determination of
24 the government unit and as if filed at the time such process was
25 commenced.
26 (d) Place of filing.--Section 5103 (relating to transfer of
27 erroneously filed matters) shall also be applicable to an appeal
28 or other matter which is deemed to be filed or commenced under
29 any provision of this section.
30 SUBCHAPTER B
19750S0935B1986 - 53 -
1 JURISDICTION OF SUPREME COURT
2 Sec.
3 721. Original jurisdiction.
4 722. Direct appeals from courts of common pleas.
5 723. Appeals from the Commonwealth Court.
6 724. Allowance of appeals from Superior and Commonwealth
7 Courts.
8 725. Direct appeals from constitutional and judicial agencies.
9 726. Extraordinary jurisdiction.
10 § 721. Original jurisdiction.
11 The Supreme Court shall have original but not exclusive
12 jurisdiction of all cases of:
13 (1) Habeas corpus.
14 (2) Mandamus or prohibition to courts of inferior
15 jurisdiction.
16 (3) Quo warranto as to any officer of Statewide
17 jurisdiction.
18 § 722. Direct appeals from courts of common pleas.
19 The Supreme Court shall have exclusive jurisdiction of
20 appeals from final orders of the courts of common pleas in the
21 following classes of cases:
22 (1) Felonious homicide.
23 (2) The right to public office.
24 (3) Matters decided in the orphans' court division.
25 (4) Direct criminal contempt in the courts of common
26 pleas and other contempt proceedings in the courts of common
27 pleas relating to orders which are appealable directly to the
28 Supreme Court.
29 (5) Supersession of a district attorney by an Attorney
30 General or by a court.
19750S0935B1986 - 54 -
1 (6) Matters where the right or power of the Commonwealth
2 or any political subdivision to create or issue indebtedness
3 is drawn in direct question.
4 (7) Matters where the court of common pleas has held
5 invalid as repugnant to the Constitution, treaties or laws of
6 the United States, or to the Constitution of this
7 Commonwealth, any treaty or law of the United States or any
8 provision of the Constitution of, or of any statute of, this
9 Commonwealth, or any provision of any home rule charter.
10 (8) MATTERS WHERE THE RIGHT TO PRACTICE LAW IS DRAWN IN <--
11 DIRECT QUESTION.
12 § 723. Appeals from the Commonwealth Court.
13 (A) GENERAL RULE.--The Supreme Court shall have exclusive <--
14 jurisdiction of appeals from final orders of the Commonwealth
15 Court entered in any matter which was originally commenced in
16 said court and which does not constitute an appeal from another
17 court, a district justice or another government unit. Any final <--
18 order of the Commonwealth Court
19 (B) BOARD OF FINANCE AND REVENUE MATTERS.--ANY FINAL ORDER <--
20 OF THE COMMONWEALTH COURT entered in any appeal from a decision
21 of the Board of Finance and Revenue shall be appealable to the
22 Supreme Court, as of right, under this section.
23 § 724. Allowance of appeals from Superior and Commonwealth
24 Courts.
25 (a) General rule.--Final orders of the Superior Court and
26 final orders of the Commonwealth Court not appealable under
27 section 723 (relating to appeals from Commonwealth Court) may be
28 reviewed by the Supreme Court upon allowance of appeal by any
29 two justices of the Supreme Court upon petition of any party to
30 the matter. If the petition shall be granted, the Supreme Court
19750S0935B1986 - 55 -
1 shall have jurisdiction to review the order in the manner
2 provided by section 5105(d)(1) (relating to scope of appeal).
3 (b) Improvident appeals.--If an appeal is improvidently
4 taken to the Supreme Court under section 723 (relating to
5 appeals from Commonwealth Court) in a case where the proper mode
6 of review is by petition for allowance of appeal under this
7 section, this alone shall not be a ground for dismissal, but the
8 papers whereon the appeal was taken shall be regarded and acted
9 on as a petition for allowance of appeal and as if duly filed at
10 the time the appeal was taken.
11 § 725. Direct appeals from constitutional and judicial
12 agencies.
13 The Supreme Court shall have exclusive jurisdiction of
14 appeals from final orders of the following constitutional and
15 judicial agencies:
16 (1) Legislative Reapportionment Commission.
17 (2) Judicial Inquiry and Review Board.
18 (3) The agency vested with the power to determine
19 whether those members of the minor judiciary required to do
20 so have completed a course of training and instruction in the
21 duties of their respective offices and passed an examination.
22 (4) The agency vested with the power to admit persons to
23 the bar and the practice of law.
24 (5) The agency vested with the power to discipline or
25 remove from office attorneys-at-law.
26 (6) Any other judicial agency established by general <--
27 rules providing for a direct appeal to the Supreme Court.
28 § 726. Extraordinary jurisdiction.
29 Notwithstanding any other provision of law, the Supreme Court
30 may, on its own motion or upon petition of any party, in any
19750S0935B1986 - 56 -
1 matter pending before any court or district justice of this
2 Commonwealth involving an issue of immediate public importance,
3 assume plenary jurisdiction of such matter at any stage thereof
4 and enter a final order or otherwise cause right and justice to
5 be done.
6 SUBCHAPTER C
7 JURISDICTION OF SUPERIOR COURT
8 Sec.
9 741. Original jurisdiction.
10 742. Appeals from courts of common pleas.
11 § 741. Original jurisdiction.
12 The Superior Court shall have no original jurisdiction,
13 except in cases of mandamus and prohibition to courts of
14 inferior jurisdiction where such relief is ancillary to matters
15 within its appellate jurisdiction, and except that it, or any
16 judge thereof, shall have full power and authority when and as
17 often as there may be occasion, to issue writs of habeas corpus
18 under like conditions returnable to the said court.
19 § 742. Appeals from courts of common pleas.
20 The Superior Court shall have exclusive appellate
21 jurisdiction of all appeals from final orders of the courts of
22 common pleas, regardless of the nature of the controversy or the
23 amount involved, except such classes of appeals as are by any
24 provision of this chapter within the exclusive jurisdiction of
25 the Supreme Court or the Commonwealth Court.
26 SUBCHAPTER D
27 JURISDICTION OF COMMONWEALTH COURT
28 Sec.
29 761. Original jurisdiction.
30 762. Appeals from courts of common pleas.
19750S0935B1986 - 57 -
1 763. Direct appeals from administrative agencies.
2 § 761. Original jurisdiction.
3 (a) General rule.--The Commonwealth Court shall have
4 original jurisdiction of all civil actions or proceedings:
5 (1) Against the Commonwealth or any officer thereof,
6 acting in his official capacity, except:
7 (i) actions or proceedings in the nature of
8 applications for a writ of habeas corpus or post-
9 conviction relief not ancillary to proceedings within the
10 appellate jurisdiction of the court; and
11 (ii) eminent domain proceedings.
12 (2) By the Commonwealth or any officer thereof, acting
13 in his official capacity, except eminent domain proceedings.
14 (3) Original jurisdiction of which is vested in the
15 Commonwealth Court by any statute hereafter enacted.
16 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
17 of the Commonwealth Court under subsection (a) shall be
18 exclusive except as provided in section 721 (relating to
19 original jurisdiction) and except with respect to actions or
20 proceedings by the Commonwealth or any officer thereof, acting
21 in his official capacity, where the jurisdiction of the court
22 shall be concurrent with the several courts of common pleas.
23 (c) No waiver of sovereign immunity.--The provisions of
24 subsection (a)(1) relating to actions or proceedings against the
25 Commonwealth shall not be construed as a waiver by the
26 Commonwealth of immunity to suit.
27 (d) Ancillary matters.--The Commonwealth Court shall have
28 original jurisdiction in cases of mandamus and prohibition to
29 courts of inferior jurisdiction and other government units where
30 such relief is ancillary to matters within its appellate
19750S0935B1986 - 58 -
1 jurisdiction, and it, or any judge thereof, shall have full
2 power and authority when and as often as there may be occasion,
3 to issue writs of habeas corpus under like conditions returnable
4 to the said court. To the extent prescribed by general rule the
5 Commonwealth Court shall have ancillary jurisdiction over any
6 claim or other matter which is related to a claim or other
7 matter otherwise within its exclusive original jurisdiction.
8 § 762. Appeals from courts of common pleas.
9 The Commonwealth Court shall have exclusive jurisdiction of
10 appeals from final orders of the courts of common pleas in any
11 of the following cases, except such classes of appeals as are by
12 section 722 (relating to direct appeals from courts of common
13 pleas) within the exclusive jurisdiction of the Supreme Court:
14 (1) Commonwealth civil cases.--All civil actions or
15 proceedings to which the Commonwealth or any officer thereof,
16 acting in his official capacity, is a party, except actions
17 or proceedings in the nature of applications for a writ of
18 habeas corpus or post-conviction relief not ancillary to
19 proceedings within the appellate jurisdiction of the court.
20 (2) Governmental and Commonwealth regulatory criminal
21 cases.--All criminal actions or proceedings for the violation
22 of any:
23 (i) Rule, regulation or order of any Commonwealth
24 agency.
25 (ii) Regulatory statute administered by any
26 Commonwealth agency subject to the act of June 4, 1945
27 (P.L.1388, No.442), known as the "Administrative Agency
28 Law." The term "regulatory statute" as used in this
29 subparagraph does not include any provision of Title 18
30 (relating to crimes and offenses).
19750S0935B1986 - 59 -
1 (3) Secondary review of certain appeals from
2 Commonwealth agencies.--All appeals from Commonwealth
3 agencies which may be taken initially to the courts of common
4 pleas by reason of one of the exceptions set forth in section
5 763(1) (relating to direct appeals from administrative
6 agencies).
7 (4) Local government civil and criminal matters.--
8 (i) All actions or proceedings arising under any
9 municipality, institution district, public school,
10 planning or zoning code or under which a municipality or
11 other political subdivision or municipality authority may
12 be formed or incorporated or where is drawn in question
13 the application, interpretation or enforcement of any:
14 (A) statute regulating the affairs of political
15 subdivisions, municipality and other local
16 authorities or other public corporations or of the
17 officers, employes or agents thereof, acting in their
18 official capacity; or
19 (B) home rule charter or local ordinance or
20 resolution.
21 (ii) All appeals from government agencies under the
22 act of December 2, 1968 (P.L.1133, No.353), known as the
23 "Local Agency Law," or otherwise.
24 (5) Certain private corporation matters.--
25 (i) All actions or proceedings relating to
26 corporations not-for-profit arising under Title 15
27 (relating to corporations and unincorporated
28 associations) or where is drawn in question the
29 application, interpretation or enforcement of any
30 provision of the Constitution, treaties or laws of the
19750S0935B1986 - 60 -
1 United States, or the Constitution of Pennsylvania or any
2 statute, regulating in any such case the corporate
3 affairs of any corporation not-for-profit subject to
4 Title 15 or the affairs of the members, security holders,
5 directors, officers, employees or agents thereof, as
6 such.
7 (ii) All actions or proceedings otherwise involving
8 the corporate affairs of any corporation not-for-profit
9 subject to Title 15 or the affairs of the members,
10 security holders, directors, officers, or employees or
11 agents thereof, as such.
12 (6) Eminent domain.--All eminent domain proceedings or
13 where is drawn in question the power or right of the
14 acquiring agency to appropriate the condemned property or to
15 use it for the purpose condemned or otherwise.
16 § 763. Direct appeals from administrative agencies.
17 (a) General rule.--The Commonwealth Court shall have
18 exclusive jurisdiction of appeals from final orders of
19 government agencies in the following cases, except such classes
20 of appeals as are by section 725 (relating to direct appeals
21 from constitutional and judicial agencies) within the exclusive
22 jurisdiction of the Supreme Court:
23 (1) All appeals from Commonwealth agencies under the act
24 of June 4, 1945 (P.L.1388, No.442), known as the
25 "Administrative Agency Law," or otherwise and including
26 appeals from the Environmental Hearing Board, the
27 Pennsylvania Public Utility Commission, the Unemployment
28 Compensation Board of Review and from any Commonwealth agency
29 having Statewide jurisdiction except matters:
30 (i) Relating to official inspection station
19750S0935B1986 - 61 -
1 certificates of appointment and the privilege of
2 operating motor vehicles or tractors, including the
3 revocation or suspension of such privileges and matters
4 relating thereto.
5 (ii) Authorized by the act of April 12, 1951
6 (P.L.90, No.21), known as the "Liquor Code," to be
7 appealed to the courts of common pleas.
8 (iii) Concerning birth records authorized by statute
9 to be appealed to the courts of common pleas.
10 (iv) Authorized by the act of June 15, 1961
11 (P.L.373, No.207), known as the "Inheritance and Estate
12 Tax Act of 1961," or by any predecessor statute to be
13 appealed to the courts of common pleas.
14 (v) Authorized by the act of June 21, 1939 (P.L.566,
15 No.284), known as "The Pennsylvania Occupational Disease
16 Act," to be appealed to the courts of common pleas.
17 (vi) Authorized by the act of July 23, 1970
18 (P.L.563, No.195), known as the "Public Employe Relations
19 Act," to be appealed to the courts of common pleas.
20 (2) All appeals jurisdiction of which is vested in the
21 Commonwealth Court by any statute hereafter enacted.
22 (b) Awards of arbitrators.--The Commonwealth Court shall
23 have exclusive jurisdiction of all petitions for review of an
24 award of arbitrators appointed in conformity with statute to
25 arbitrate a dispute between the Commonwealth and an employee of
26 the Commonwealth. The petition for review shall be deemed an
27 appeal from a government unit for the purposes of section 723
28 (relating to appeals from the Commonwealth Court) and Chapter 55
29 (relating to limitation of time).
30 ARTICLE C
19750S0935B1986 - 62 -
1 COURTS OF COMMON PLEAS
2 Chapter
3 9. Organization and Jurisdiction of Courts of Common Pleas
4 CHAPTER 9
5 ORGANIZATION AND JURISDICTION OF COURTS OF COMMON PLEAS
6 Subchapter
7 A. Judicial Districts
8 B. Organization of Courts of Common Pleas
9 C. Court Divisions
10 D. Jurisdiction of Courts of Common Pleas
11 SUBCHAPTER A
12 JUDICIAL DISTRICTS
13 Sec.
14 901. Judicial districts.
15 § 901. Judicial districts.
16 (a) General rule.--The Commonwealth is divided into 59
17 judicial districts, numbered and composed as follows:
18 First.--City and County of Philadelphia.
19 Second.--County of Lancaster.
20 Third.--County of Northampton.
21 Fourth.--County of Tioga.
22 Fifth.--County of Allegheny.
23 Sixth.--County of Erie.
24 Seventh.--County of Bucks.
25 Eighth.--County of Northumberland
26 Ninth.--County of Cumberland.
27 Tenth.--County of Westmoreland.
28 Eleventh.--County of Luzerne.
29 Twelfth.--County of Dauphin.
30 Thirteenth.--County of Greene.
19750S0935B1986 - 63 -
1 Fourteenth.--County of Fayette.
2 Fifteenth.--County of Chester.
3 Sixteenth.--County of Somerset.
4 Seventeenth.--Counties of Snyder and Union.
5 Eighteenth.--County of Clarion.
6 Nineteenth.--County of York.
7 Twentieth.--County of Huntingdon.
8 Twenty-first.--County of Schuylkill.
9 Twenty-second.--County of Wayne.
10 Twenty-third.--County of Berks.
11 Twenty-fourth.--County of Blair.
12 Twenty-fifth.--County of Clinton.
13 Twenty-sixth.--Counties of Columbia and Montour.
14 Twenty-seventh.--County of Washington.
15 Twenty-eighth.--County of Venango.
16 Twenty-ninth.--County of Lycoming.
17 Thirtieth.--County of Crawford.
18 Thirty-first.--County of Lehigh.
19 Thirty-second.--County of Delaware.
20 Thirty-third.--County of Armstrong.
21 Thirty-fourth.--County of Susquehanna.
22 Thirty-fifth.--County of Mercer.
23 Thirty-sixth.--County of Beaver.
24 Thirty-seventh.--Counties of Forest and Warren.
25 Thirty-eighth.--County of Montgomery.
26 Thirty-ninth.--Counties of Franklin and Fulton.
27 Fortieth.--County of Indiana.
28 Forty-first.--Counties of Juniata and Perry.
29 Forty-second.--County of Bradford.
30 Forty-third.--Counties of Monroe and Pike.
19750S0935B1986 - 64 -
1 Forty-fourth.--Counties of Sullivan and Wyoming.
2 Forty-fifth.--County of Lackawanna.
3 Forty-sixth.--County of Clearfield.
4 Forty-seventh.--County of Cambria.
5 Forty-eighth.--County of McKean.
6 Forty-ninth.--County of Centre.
7 Fiftieth.--County of Butler.
8 Fifty-first.--County of Adams.
9 Fifty-second.--County of Lebanon.
10 Fifty-third.--County of Lawrence.
11 Fifty-fourth.--County of Jefferson.
12 Fifty-fifth.--County of Potter.
13 Fifty-sixth.--County of Carbon.
14 Fifty-seventh.--County of Bedford.
15 Fifty-eighth.--County of Mifflin.
16 Fifty-ninth.--Counties of Cameron and Elk.
17 (b) Change in number or boundaries.--Except as otherwise
18 provided therein, any statute amending subsection (a) so as to
19 change the number or boundaries of the judicial districts of
20 this Commonwealth shall take effect 30 days after the entry of
21 an order of the Supreme Court evidencing the advice and consent
22 of the court to the amendment pursuant to section 11 of Article
23 V of the Constitution of Pennsylvania.
24 SUBCHAPTER B
25 ORGANIZATION OF COURTS OF COMMON PLEAS
26 Sec.
27 911. Courts of common pleas.
28 912. Powers of courts of common pleas.
29 913. Seats of courts.
30 § 911. Courts of common pleas.
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1 (a) General rule.--There shall be one court of common pleas
2 for each judicial district of this Commonwealth consisting of
3 the following number of judges:
4 Number of
5 Judicial District Judges
6 First 81
7 Second 4
8 Third 4
9 Fourth 1
10 Fifth 39
11 Sixth 5
12 Seventh 9
13 Eighth 2
14 Ninth 2
15 Tenth 6
16 Eleventh 7
17 Twelfth 6
18 Thirteenth 1
19 Fourteenth 4
20 Fifteenth 6
21 Sixteenth 2
22 Seventeenth 1
23 Eighteenth 1
24 Nineteenth 5
25 Twentieth 1
26 Twenty-first 5
27 Twenty-second 1
28 Twenty-third 5
29 Twenty-fourth 2
30 Twenty-fifth 1
19750S0935B1986 - 66 -
1 Twenty-sixth 1
2 Twenty-seventh 5
3 Twenty-eighth 1
4 Twenty-ninth 2
5 Thirtieth 2
6 Thirty-first 5
7 Thirty-second 12
8 Thirty-third 1
9 Thirty-fourth 1
10 Thirty-fifth 2
11 Thirty-sixth 5
12 Thirty-seventh 1
13 Thirty-eighth 12
14 Thirty-ninth 2
15 Fortieth 2
16 Forty-first 1
17 Forty-second 1
18 Forty-third 2
19 Forty-fourth 1
20 Forty-fifth 5
21 Forty-sixth 1
22 Forty-seventh 4
23 Forty-eighth 1
24 Forty-ninth 1
25 Fiftieth 2
26 Fifty-first 1
27 Fifty-second 2
28 Fifty-third 2
29 Fifty-fourth 1
30 Fifty-fifth 1
19750S0935B1986 - 67 -
1 Fifty-sixth 1
2 Fifty-seventh 1
3 Fifty-eighth 1
4 Fifty-ninth 1
5 (b) Single county districts.--In single county judicial
6 districts the court of common pleas of the district shall be
7 known as the "Court of Common Pleas of (the respective) County."
8 (c) Multi-county districts.--In multi-county judicial
9 districts the court of common pleas of the district shall be
10 known as the "Court of Common Pleas of the (respective) Judicial
11 District." Except as otherwise provided or prescribed by law, <--
12 there THERE shall be a separate branch of the court in each <--
13 county comprising the judicial district.
14 § 912. Powers of courts of common pleas.
15 Every court of common pleas shall have power to issue, under
16 its judicial seal, every lawful writ and process to or to be
17 served or enforced by system and related personnel as such
18 courts have been heretofore authorized by law or usage to issue.
19 Every judge of a court of common pleas shall have all the powers
20 of a judge or district justice of the minor judiciary.
21 § 913. Seats of courts.
22 The regular sessions of each court of common pleas shall be
23 held at the county seat of each county comprising the judicial
24 district and elsewhere as prescribed by general rule or rule of
25 court.
26 SUBCHAPTER C
27 JURISDICTION OF COURTS OF COMMON PLEAS
28 Sec.
29 931. Original jurisdiction and venue.
30 932. Appeals from minor judiciary.
19750S0935B1986 - 68 -
1 933. Appeals from administrative agencies.
2 934. Writs of certiorari.
3 § 931. Original jurisdiction and venue.
4 (a) General rule.--Except where exclusive original
5 jurisdiction of an action or proceeding is by law STATUTE OR BY <--
6 GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO
7 REASSIGNMENT OF MATTERS) vested in another court of this
8 Commonwealth, the courts of common pleas shall have unlimited
9 original jurisdiction of all actions and proceedings, including
10 all actions and proceedings heretofore cognizable by law or
11 usage in the courts of common pleas.
12 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
13 of the courts of common pleas under this section shall be
14 exclusive except with respect to actions and proceedings
15 concurrent jurisdiction of which is by law STATUTE OR BY GENERAL <--
16 RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT
17 OF MATTERS) vested in another court of this Commonwealth or in
18 the district justices.
19 (c) Venue and process.--The venue of a court of common pleas
20 concerning matters over which jurisdiction is conferred by this
21 section shall be as prescribed by general rule. The process of
22 the court shall extend beyond the territorial limits of the
23 judicial district to the extent prescribed by general rule.
24 § 932. Appeals from minor judiciary.
25 Except as otherwise prescribed by any general rule adopted
26 pursuant to section 503 (relating to reassignment of matters),
27 each court of common pleas shall have exclusive jurisdiction of
28 appeals from final orders of the minor judiciary established
29 within the judicial district.
30 § 933. Appeals from administrative agencies.
19750S0935B1986 - 69 -
1 (a) General rule.--Except as otherwise prescribed by any
2 general rule adopted pursuant to section 503 (relating to
3 reassignment of matters), each court of common pleas shall have
4 jurisdiction of appeals from final orders of government agencies
5 in the following cases:
6 (1) Appeals from Commonwealth agencies which may be
7 taken initially to the court of common pleas of the judicial
8 district by reason of one of the exceptions set forth in
9 section 763(1) (relating to direct appeals from
10 administrative agencies).
11 (2) Appeals from government agencies, except
12 Commonwealth agencies, under the act of December 2, 1968
13 (P.L.1133, No.353), known as the "Local Agency Law," or
14 otherwise.
15 (b) Awards of arbitrators.--Except as otherwise prescribed
16 by any general rule adopted pursuant to section 503 (relating to
17 reassignment of matters), each court of common pleas shall have
18 jurisdiction of petitions for review of an award of arbitrators
19 appointed in conformity with statute to arbitrate a dispute
20 between a government agency, except a Commonwealth agency, and
21 an employee of such agency. The application shall be deemed an
22 appeal from a government unit for the purposes of section 762(4)
23 (relating to appeals from courts of common pleas) and Chapter 55
24 (relating to limitation of time).
25 (c) Concurrent and exclusive jurisdiction.--Except as
26 otherwise provided or prescribed by law, STATUTE OR BY GENERAL <--
27 RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT
28 OF MATTERS), the jurisdiction of a court of common pleas of a
29 judicial district under this section shall be exclusive as to a
30 government agency which has jurisdiction only within such
19750S0935B1986 - 70 -
1 judicial district, and shall be concurrent with the courts of
2 common pleas of all judicial districts in which the government
3 agency has jurisdiction where such agency has jurisdiction in
4 more than one judicial district.
5 § 934. Writs of certiorari.
6 Unless and until changed by general rule, the judges of the
7 courts of common pleas, within their respective judicial
8 districts, shall have power, in addition to the right of appeal
9 under section 9 of Article V of the Constitution of
10 Pennsylvania, to issue writs of certiorari to the minor
11 judiciary.
12 SUBCHAPTER D
13 COURT DIVISIONS
14 Sec.
15 951. Court divisions.
16 952. Status of court divisions.
17 953. Administrative judges of divisions.
18 § 951. Court divisions.
19 (a) Philadelphia County.--The Court of Common Pleas of
20 Philadelphia County shall have the following divisions:
21 (1) Trial division.
22 (2) Orphans' court division.
23 (3) Family court division.
24 (b) Allegheny County.--The Court of Common Pleas of
25 Allegheny County shall have the following divisions:
26 (1) Civil division.
27 (2) Criminal division.
28 (3) Orphans' court division.
29 (4) Family division.
30 (c) Other separate orphans' court divisions.--The courts of
19750S0935B1986 - 71 -
1 common pleas of Beaver, Berks, Bucks, Cambria, Chester, Dauphin,
2 Delaware, Erie, Fayette, Lackawanna, Lancaster, Lehigh, Luzerne,
3 Montgomery, Schuylkill, Washington, Westmoreland and York
4 counties shall each have a separate orphans' court division.
5 (d) Judicial districts having no separate orphans' court
6 division.--In each judicial district having no separate orphans'
7 court division, there shall be an orphans' court division
8 composed of the court of common pleas of that judicial district.
9 (e) Change in size of divisions.--The number of judges
10 constituting a division may be increased or reduced by order of
11 the governing authority.
12 § 952. Status of court divisions.
13 The divisions of a court of common pleas are administrative
14 units composed of those judges of the court responsible for the
15 transaction of specified classes of the business of the court.
16 In a court of common pleas having two or more divisions each
17 division of the court is vested with the full jurisdiction of
18 the whole court, but the business of the court may be allocated
19 among the divisions of the court by or pursuant to general
20 rules.
21 § 953. Administrative judges of divisions.
22 Except as otherwise prescribed by general rule or by order of <--
23 the governing authority:
24 (1) Each division of a court of common pleas shall be
25 presided over by an administrative judge.
26 (2) Each such administrative judge shall assist the
27 EACH DIVISION OF A COURT OF COMMON PLEAS SHALL BE PRESIDED <--
28 OVER BY AN ADMINISTRATIVE JUDGE. EACH SUCH ADMINISTRATIVE JUDGE
29 SHALL ASSIST THE president judge of the court in supervising and
30 administering the business of the court and shall be responsible
19750S0935B1986 - 72 -
1 to him.
2 ARTICLE D
3 MINOR COURTS
4 Chapter
5 11. Community and Municipal Courts
6 13. Traffic Courts
7 CHAPTER 11
8 COMMUNITY AND MUNICIPAL COURTS
9 Subchapter
10 A. Community Courts
11 B. Philadelphia Municipal Court
12 C. Pittsburgh Magistrates Court
13 SUBCHAPTER A
14 COMMUNITY COURTS
15 Sec.
16 1101. Community courts.
17 1102. Establishment or discontinuance of community courts.
18 1103. Powers of community courts.
19 1104. Seats of courts.
20 1105. Jurisdiction and venue.
21 1106. Lien of judgments.
22 § 1101. Community courts.
23 (a) General rule.--There shall be one community court for
24 each judicial district of this Commonwealth which has elected to
25 establish and which has not elected to discontinue such a court
26 in the manner provided in this subchapter. The community court
27 shall be a court not of record and shall consist of a number of
28 judges determined by dividing the total population of the
29 judicial district as determined by the last officially reported
30 decennial or special Federal census by 75,000. In any judicial
19750S0935B1986 - 73 -
1 district where the aforesaid division results in a remainder
2 greater than 40,000, the judicial district shall be entitled to
3 an additional community court judge. In no event shall any
4 judicial district have less than two community court judges.
5 (b) Single county districts.--In single county judicial
6 districts the community court of the district shall be known as
7 the "Community Court of (the respective) County."
8 (c) Multi-county districts.--In multi-county judicial
9 districts the community court of the district shall be known as
10 the "Community Court of the (respective) Judicial District."
11 § 1102. Establishment or discontinuance of community courts.
12 (a) General rule.--The question whether a community court
13 shall be established or discontinued in any judicial district
14 shall be placed upon the ballot in a primary election by
15 petition which shall be in the form prescribed by the officer of
16 the Commonwealth who under law shall have supervision over
17 elections. The petition shall be filed with that officer and
18 shall be signed by a number of electors equal to 5% of the total
19 votes cast for all candidates for the office occupied by a
20 single official for which the highest number of votes was cast
21 in that judicial district at the last preceding general or
22 municipal election. The manner of signing such petitions, the
23 time of circulating them, the affidavits of the persons
24 circulating them and all other details not contained in this
25 subsection shall be governed by the act of June 3, 1937
26 (P.L.1333, No.320), known as the "Pennsylvania Election Code."
27 The question shall not be placed upon the ballot in a judicial
28 district more than once in any five-year period. The affirmative
29 vote of a majority of the electors of the judicial district
30 voting thereon shall be sufficient to establish or discontinue a
19750S0935B1986 - 74 -
1 community court for the judicial district.
2 (b) Establishment.--The community court of a judicial
3 district shall be established on the first Monday of January
4 following the municipal election at which the first judges of
5 the court shall be elected. A court when established shall, in
6 accordance with and subject to Article V of the Constitution of
7 Pennsylvania, supplant all district justices or the municipal
8 court and the traffic court, as the case may be, within the
9 judicial district, except that in the fifth judicial district a
10 community court shall not supplant the Pittsburgh Magistrates
11 Court. Upon the expiration of the term of any district justice
12 or judge of the municipal or traffic court, as the case may be,
13 or the abolition of his office in the manner and at such time as
14 is provided by section 3321 (relating to establishment of
15 community courts), in a judicial district in which a community
16 court has been established, the matters then pending and the
17 books, dockets and records thereof shall be transferred to the
18 community court which shall determine and conclude such matters
19 as if it had assumed jurisdiction in the first instance.
20 (c) Discontinuance.--Where the electors of a judicial
21 district have at a primary ELECTION approved the discontinuance <--
22 of an existing community court within their judicial district
23 such community court and the office of the judges serving
24 thereon shall then be abolished in the manner and at such time
25 as is provided by section 3322 (relating to discontinuance of
26 community courts). Thereafter, the office of district justice or
27 judge of the municipal or traffic court, as the case may be,
28 shall be established to replace and supplant such community
29 court on the first Monday of January of the even-numbered year
30 next following the odd-numbered year specified in section
19750S0935B1986 - 75 -
1 1503(b) (relating to discontinuance of community court) and the
2 number and boundaries of magisterial districts, if any, of each
3 class within such judicial district shall be established in the
4 manner provided by section 1503(b).
5 § 1103. Powers of community courts.
6 Every judge of a community court shall have all the powers of
7 a judge of the municipal court or traffic court, or of a
8 district justice, as the case may be.
9 § 1104. Seats of courts.
10 The regular sessions of each community court shall be held at
11 such location within the judicial district as may be approved by
12 the president judge of the court of common pleas of the judicial
13 district in compliance with general rules.
14 § 1105. Jurisdiction and venue.
15 (a) General rule.--Except as otherwise prescribed by any
16 general rule adopted pursuant to section 503 (relating to
17 reassignment of matters) each community court shall have the
18 jurisdiction which under law was exercised by the municipal
19 court or traffic court or by district justices, as the case may
20 be, within the judicial district.
21 (b) Venue and process.--The venue of a community court
22 concerning matters over which jurisdiction is conferred by
23 subsection (a) shall be as prescribed by general rule. The
24 process of the court shall extend beyond the territorial limits
25 of the judicial district to the extent prescribed by general
26 rule.
27 § 1106. Lien of judgments.
28 A judgment of a community court shall not operate as a lien
29 on real property until a transcript of the record showing a
30 final judgment in the community court has been filed in the
19750S0935B1986 - 76 -
1 manner prescribed by general rules in the office of the clerk of
2 the court of common pleas of the county where the property is
3 situated, or in the office of the clerk of the branch of the
4 court of common pleas embracing such county. After such entry
5 the judgment shall, from the date of such entry, be a lien upon
6 real property to the same extent that judgment recovered in the
7 court of common pleas is a lien. No such transcript shall be
8 filed until after 30 days after the entry of final judgment by
9 the community court. No execution against real estate shall
10 issue out of the community court.
11 SUBCHAPTER B
12 PHILADELPHIA MUNICIPAL COURT
13 Sec.
14 1121. Philadelphia Municipal Court.
15 1122. Seat of court.
16 1123. Jurisdiction and venue.
17 1124. Lien of judgments.
18 § 1121. Philadelphia Municipal Court.
19 The Philadelphia Municipal Court shall consist of 22 judges.
20 § 1122. Seat of court.
21 The regular sessions of the Philadelphia Municipal Court
22 shall be held at such locations within the first judicial
23 district as may be approved by the president judge of the court
24 in compliance with general rules.
25 § 1123. Jurisdiction and venue.
26 (a) General rule.--Except as otherwise prescribed by any
27 general rule adopted pursuant to section 503 (relating to
28 reassignment of matters) the Philadelphia Municipal Court shall
29 have jurisdiction of all of the following matters: <--
30 (1) Summary offenses, except those within the
19750S0935B1986 - 77 -
1 jurisdiction of the Traffic Court of Philadelphia.
2 (2) Criminal offenses for which no prison term may be
3 imposed or which are punishable by imprisonment for a term of
4 not more than five years, including indictable offenses under
5 the motor vehicle laws. In cases under this paragraph the
6 defendant shall have no right of trial by jury in the
7 municipal court, but shall have the right of appeal for trial
8 de novo, including the right of trial by jury, to the court
9 of common pleas. The judges of the municipal court exercising
10 jurisdiction under this paragraph shall have the same
11 jurisdiction in probation and parole arising out of sentences
12 imposed by them as judges of the court of common pleas.
13 (3) Matters arising under the act of April 6, 1951
14 (P.L.69, No.20), known as "The Landlord and Tenant Act of
15 1951."
16 (4) Civil actions wherein the sum demanded does not
17 exceed $1000, exclusive of interest and costs, in the
18 following classes of actions:
19 (i) In assumpsit.
20 (ii) In trespass, including all forms of trespass
21 and trespass on the case.
22 (iii) For fines and penalties by any government
23 agency.
24 A plaintiff may waive a portion of his claim of more than
25 $1000 so as to bring the matter within the jurisdiction of
26 the municipal court. but such SUCH waiver shall be revoked <--
27 automatically if the defendant appeals the final order of the
28 municipal court. In cases under this paragraph the defendant
29 shall have no right of trial by jury in the municipal court,
30 but shall have the right to appeal for trial de novo,
19750S0935B1986 - 78 -
1 including the right of trial by jury, to the court of common
2 pleas, it being the purpose of this paragraph to establish an
3 expeditious small claims procedure whereby it shall not be
4 necessary for the litigants to obtain counsel. Judgments by
5 confession shall not be entered in the municipal court.
6 (5) As commissioners to preside at arraignments, fix and
7 accept bail, issue warrants and perform duties of a similar
8 nature, including the jurisdiction of a committing magistrate
9 in all criminal proceedings.
10 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
11 of the municipal court under this section shall be concurrent
12 with the Court of Common Pleas of Philadelphia County except
13 with respect to matters specified in subsection (a)(2), as to
14 which the jurisdiction of the municipal court shall be exclusive
15 except as otherwise prescribed by any general rule adopted
16 pursuant to section 503.
17 (c) Venue and process.--The venue of the municipal court
18 concerning matters over which jurisdiction is conferred by this
19 section shall be as prescribed by general rule. The process of
20 the court shall extend beyond the territorial limits of the City
21 and County of Philadelphia to the extent prescribed by general
22 rule.
23 § 1124. Lien of judgments.
24 Judgment recovered in the Philadelphia Municipal Court shall
25 be a lien upon property in the same manner and to the same
26 extent that judgment recovered in the Court of Common Pleas of
27 Philadelphia County is a lien. All such judgments shall be
28 indexed in the judgment index or indices of Philadelphia County
29 in the same manner as judgments of the court of common pleas are
30 indexed.
19750S0935B1986 - 79 -
1 SUBCHAPTER C
2 PITTSBURGH MAGISTRATES COURT
3 Sec.
4 1141. Pittsburgh Magistrates Court.
5 1142. Seat of court.
6 1143. Jurisdiction and venue.
7 § 1141. Pittsburgh Magistrates Court.
8 The Pittsburgh Magistrates Court shall be a court not of
9 record and shall consist of such a number of judges, not less
10 than five nor more than eight, as shall be specified by
11 ordinance of the City of Pittsburgh. The magistrates court shall
12 be the police magistrates authorized to be continued in
13 existence by section 21, Schedule to Article V of the
14 Constitution of Pennsylvania adopted April 23, 1968. Judges of
15 the Pittsburgh Magistrates Court shall be deemed district
16 justices for the purposes of Chapter 33 (relating to discipline,
17 removal and retirement of judicial officers).
18 § 1142. Seat of court.
19 The regular sessions of the Pittsburgh Magistrates Court
20 shall be held at such locations within the City of Pittsburgh as
21 may be designated by ordinance of the City of Pittsburgh.
22 § 1143. Jurisdiction and venue.
23 (a) General rule.--Except as otherwise prescribed by any
24 general rule adopted pursuant to section 503 (relating to
25 reassignment of matters) the Pittsburgh Magistrates Court shall
26 have jurisdiction of all of the following matters:
27 (1) Criminal complaints accusing any person of the
28 commission of any felony or misdemeanor, where such felony or
29 misdemeanor has been committed within the corporate limits of
30 the City of Pittsburgh, and to issue warrants for the arrest
19750S0935B1986 - 80 -
1 of such person so accused, administer oaths and hold
2 preliminary hearings in all such cases, and commit to jail,
3 or bind over for trial or discharge such accused person, as
4 the evidence produced at such hearing may warrant. The court
5 shall have power to admit to bail as prescribed by general
6 rules.
7 (2) Arrests upon view, or upon complaint made and
8 warrant issued, by the police of the City of Pittsburgh, of
9 all persons who may be found engaged in or be charged with <--
10 drunkenness, disorderly conduct, selling liquor contrary to
11 law, maintaining a disorderly house or bawdy house, lewd,
12 indecent or lascivious behavior on the streets or elsewhere,
13 gambling, creating riots or disturbances, vagrants, beggars,
14 prostitutes, disturbers of the public peace, known or reputed
15 pickpockets, burglars, thieves, watch stuffers, cheating,
16 swindling, persons who abuse their families, and suspicious
17 persons who can give no reasonable account of themselves, or
18 violating any of the laws or ordinances of such city.
19 (3) Civil claims for the recovery of fines and penalties
20 imposed by any and all ordinances ORDINANCE of the City of <--
21 Pittsburgh, or by any and all ordinances and regulations <--
22 ORDINANCE OR REGULATION relating to housing and health <--
23 administered and enforced by a county health department where
24 a violation takes place in such city, and all cases of <--
25 summary conviction arising under the laws and ordinances of
26 or applicable to such city and under the laws, ordinances,
27 rules and regulations relating to housing and health
28 administered and enforced by a county department of health
29 where a violation takes place in such city, with full power
30 to hear the said cases, administer oaths or affirmations
19750S0935B1986 - 81 -
1 therein, decide the same, enforce the penalty, collect the
2 fine or commit to prison as the case may be according to the
3 provisions of the law and ordinances applicable thereto.
4 (4) Matters within the jurisdiction of the court when
5 sitting as the Traffic Court of Pittsburgh.
6 (b) Venue and process.--The venue of the Pittsburgh
7 Magistrates Court concerning matters over which jurisdiction is
8 conferred by subsection (a) shall be as prescribed by general
9 rule. The process of the court shall extend beyond the
10 territorial limits of the City of Pittsburgh to the extent
11 prescribed by general rule.
12 CHAPTER 13
13 TRAFFIC COURTS
14 Subchapter
15 A. General Provisions
16 B. Traffic Court of Philadelphia
17 C. Traffic Court of Pittsburgh
18 SUBCHAPTER A
19 GENERAL PROVISIONS
20 Sec.
21 1301. Seats of traffic courts.
22 1302. Jurisdiction and venue.
23 1303. Signatures and dockets.
24 § 1301. Seats of traffic courts.
25 The regular sessions of a traffic court shall be held at such
26 locations within the political subdivision for which the court
27 is established as may be approved in compliance with general
28 rules by the president judge of the court of common pleas of the
29 judicial district embracing such political subdivision.
30 § 1302. Jurisdiction and venue.
19750S0935B1986 - 82 -
1 (a) General rule.--Except as otherwise prescribed by any
2 general rule adopted pursuant to section 503 (relating to
3 reassignment of matters), each traffic court shall have
4 jurisdiction of all prosecutions for summary offenses arising
5 under:
6 (1) The act of April 29, 1959 (P.L.58, No.32), known as
7 "The Vehicle Code."
8 (2) Any ordinance of any political subdivision enacted
9 pursuant to "The Vehicle Code."
10 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
11 of a traffic court under this section shall be exclusive of the
12 courts of common pleas and district justices, except that such
13 jurisdiction shall be concurrent with the district justices
14 whenever the traffic court is closed.
15 (c) Venue and process.--The venue of a traffic court
16 concerning matters over which jurisdiction is conferred by this
17 section shall be as prescribed by general rule. The process of
18 the court shall extend beyond the territorial limits of the
19 political subdivision for which it is established to the extent
20 prescribed by general rule.
21 § 1303. Signatures and dockets.
22 Facsimile signatures of the traffic court judges may be used
23 for all purposes in lieu of the THEIR original signatures, <--
24 except on affidavits for warrants of arrest and on the docket of
25 the traffic court. Traffic court dockets shall contain a record
26 of the disposition of every case and where a fine and costs are
27 imposed shall record the amount of said fine and the amount of
28 costs. The docket shall in all cases, where a summons has been
29 issued, as to each case, be signed by the judge making the
30 disposition or in his name by the clerk of the traffic court.
19750S0935B1986 - 83 -
1 SUBCHAPTER B
2 TRAFFIC COURT OF PHILADELPHIA
3 Sec.
4 1321. Traffic Court of Philadelphia.
5 § 1321. Traffic Court of Philadelphia.
6 The Traffic Court of Philadelphia shall be a court not of
7 record and shall consist of six judges. The court is established
8 for the City and County of Philadelphia.
9 SUBCHAPTER C
10 TRAFFIC COURT OF PITTSBURGH
11 Sec.
12 1331. Traffic Court of Pittsburgh.
13 1332. Operations of traffic court.
14 § 1331. Traffic Court of Pittsburgh.
15 The Traffic Court of Pittsburgh shall be a court not of
16 record and shall be held by such of the judges of the Pittsburgh
17 Magistrates Court as shall be assigned thereto by the Mayor of
18 the City of Pittsburgh, one of whom shall be designated by the
19 mayor as the presiding magistrate of the traffic court. The
20 court is established for the City of Pittsburgh.
21 § 1332. Operations of traffic court.
22 The presiding magistrate shall preside over and supervise the
23 work of the Traffic Court of Pittsburgh. In the absence of the
24 presiding magistrate designated by the mayor, the judge then
25 temporarily presiding shall have such supervision. The traffic
26 court shall be open for the transaction of business at such
27 times as shall be designated by ordinance of the City of
28 Pittsburgh or prescribed by general rule.
29 ARTICLE E
30 DISTRICT JUSTICES
19750S0935B1986 - 84 -
1 Chapter
2 15. District Justices
3 CHAPTER 15
4 DISTRICT JUSTICES
5 Subchapter
6 A. Magisterial Districts
7 B. District Justices
8 SUBCHAPTER A
9 MAGISTERIAL DISTRICTS
10 Sec.
11 1501. Definitions.
12 1502. Classification of districts.
13 1503. Reestablishment of districts.
14 § 1501. Definitions.
15 The following words and phrases when used in this subchapter
16 shall have, unless the context clearly indicates otherwise, the
17 meanings given to them in this section:
18 "Court." The Supreme Court or the court of common pleas of
19 each judicial district under the direction of the Supreme Court.
20 "Political subdivision." Any municipality or township except <--
21 the City and County of Philadelphia.
22 "Population." The number of persons residing within a
23 political subdivision or part thereof as determined by the then
24 current Federal decennial or Federal special census.
25 "Population density." The number of persons residing within
26 a political subdivision or part thereof as determined by
27 dividing such number by the land area expressed in square miles
28 as determined in the official publication by OF the Bureau of <--
29 Statistics of the Department of Commerce.
30 § 1502. Classification of districts.
19750S0935B1986 - 85 -
1 (a) Second class counties.--The classes of magisterial
2 districts in judicial districts coextensive with counties of the
3 second class shall be determined as follows:
4 (1) Magisterial districts of the first class shall have
5 a population density of more than 5,000 persons per square
6 mile and a population of not less than 65,000 persons.
7 (2) Magisterial districts of the second class shall have
8 a population density of more than 500 persons per square mile
9 and a population of between 22,500 and 65,000 persons.
10 (3) Magisterial districts of the third class shall have
11 a population density of more than 200 persons per square mile
12 and a population of between 12,000 and 22,500 persons.
13 (4) Magisterial districts of the fourth class shall have
14 a population density of more than 70 persons per square mile
15 and a population of between 7,500 and 12,000 persons.
16 (5) Magisterial districts of the fifth class shall have
17 a population density of less than 70 persons per square mile
18 and a population of between 4,000 and 7,500 persons.
19 (b) Other counties.--The classes of magisterial districts in
20 judicial districts not coextensive with counties of the first
21 class or counties of the second class shall be determined as
22 follows:
23 (1) Magisterial districts of the first class shall have
24 a population density of more than 1,000 persons per square
25 mile and a population of not less than 15,000 persons.
26 (2) Magisterial districts of the second class shall have
27 a population density of more than 400 persons per square mile
28 and a population of not less than 4,000 persons.
29 (3) Magisterial districts of the third class shall have
30 a population density of less than 400 persons per square mile
19750S0935B1986 - 86 -
1 and a population of not less than 4,000 persons.
2 (4) Magisterial districts of the fourth class shall have
3 a population density of less than 400 persons per square mile
4 and a population of between 2,000 and 4,000 persons. The
5 number of magisterial districts of the fourth class within a
6 judicial district shall not be increased.
7 § 1503. Reestablishment of districts.
8 (a) General rule.--In each year following that in which the
9 Federal decennial census is officially reported as required by
10 Federal law the court shall reestablish the number, boundaries
11 and classes of magisterial districts within each judicial
12 district except:
13 (1) The first judicial district.
14 (2) Any judicial district where a community court has
15 been established and not discontinued.
16 The number, boundaries and class of magisterial districts within
17 each judicial district may be revised from time to time as
18 required for the efficient administration of justice within each
19 magisterial district.
20 (b) Discontinuance of community court.--The court upon the
21 discontinuance of a community court shall establish the number,
22 boundaries and classes of magisterial districts within the
23 judicial district embracing such discontinued community court.
24 Such action shall be completed prior to the first Monday of
25 January of the odd-numbered year next following the primary
26 election at which the discontinuance of the community court is
27 approved.
28 (c) Standards for establishment of magisterial districts.--
29 In the case of a political subdivision containing within its
30 boundaries two or more magisterial districts, the court shall
19750S0935B1986 - 87 -
1 divide the political subdivision into magisterial districts as
2 nearly equal as possible in population and area, and the court
3 may presume that the population density of each part of a
4 political subdivision is the same population density as for the
5 whole political subdivision. The court in establishing the
6 number and boundaries of magisterial districts shall not
7 subdivide political subdivisions unless either:
8 (1) the political subdivision contains two or more
9 noncontiguous parts; or
10 (2) the political subdivision contains within its
11 boundaries two or more magisterial districts, in which case
12 wards or other election districts of the political
13 subdivision shall not be subdivided.
14 SUBCHAPTER B
15 DISTRICT JUSTICES
16 Sec.
17 1511. District justices.
18 1512. Seal.
19 1513. Powers of district justices.
20 1514. Offices.
21 1515. Jurisdiction and venue.
22 1516. Lien of judgment.
23 § 1511. District justices.
24 There shall be one district justice in each magisterial
25 district.
26 § 1512. Seal.
27 Each magisterial district shall have a seal, which shall be
28 in the custody of the district justice elected or appointed for
29 such district. The official acts of the district justice shall
30 be authenticated therewith. There shall be engraved on the seal
19750S0935B1986 - 88 -
1 such inscription as may be specified by general rule.
2 § 1513. Powers of district justices.
3 Every district justice shall have power to issue every lawful
4 process to or to be served or enforced by system and related
5 personnel and to make such lawful orders as his official
6 business may require. A district justice may take affidavits and
7 acknowledgments outside his magisterial district but within this
8 Commonwealth.
9 § 1514. Offices.
10 Offices of district justices shall be established in
11 compliance with standards prescribed by general rule.
12 § 1515. Jurisdiction and venue.
13 (a) Jurisdiction.--Except as otherwise prescribed by general
14 rule adopted pursuant to section 503 (relating to reassignment
15 of matters) district justices shall, under procedures prescribed
16 by general rule, have jurisdiction of all of the following
17 matters:
18 (1) Summary offenses, except those within the
19 jurisdiction of an established and open traffic court.
20 (2) Matters arising under the act of April 6, 1951
21 (P.L.69, No.20), known as "The Landlord and Tenant Act of
22 1951," which are stated therein to be within the jurisdiction
23 of a justice of the peace.
24 (3) Civil claims wherein the sum demanded does not
25 exceed $1,000, exclusive of interest and costs, in the
26 following classes of actions:
27 (i) In assumpsit, except cases of real contract
28 where the title to real estate may be in question.
29 (ii) In trespass, including all forms of trespass
30 and trespass on the case.
19750S0935B1986 - 89 -
1 (iii) For fines and penalties by any government
2 agency.
3 A plaintiff may waive a portion of his claim of more than
4 $1,000 so as to bring the matter within the jurisdiction of a
5 district justice. Such waiver shall remain effective except
6 upon appeal by either party or when the judgment is set aside
7 upon certiorari.
8 (4) As commissioners to preside at arraignments, fix and
9 accept bail, issue warrants and perform duties of a similar
10 nature, including the jurisdiction of a committing magistrate
11 in all criminal proceedings.
12 (5) Matters jurisdiction of which is vested in district
13 justices by any statute.
14 (b) Venue and process.--The venue of a district justice
15 concerning matters over which jurisdiction is conferred by
16 subsection (a) shall be as prescribed by general rule. The
17 process of the district justice shall extend beyond the
18 territorial limits of the magisterial district to the extent
19 prescribed by general rule.
20 § 1516. Lien of judgment.
21 A judgment of a district justice shall not operate as a lien
22 on real property until a transcript of the record showing a
23 final judgment of a district justice has been filed in the
24 manner prescribed by general rules in the office of the clerk of
25 the court of common pleas of the county where the property is
26 situated, or in the office of the clerk of the branch of the
27 court of common pleas embracing such county. After such entry
28 the judgment shall, from the date of such entry, be a lien upon
29 real property to the same extent that judgment recovered in the
30 court of common pleas is a lien. No such transcript shall be
19750S0935B1986 - 90 -
1 filed until after 30 days after the entry of final judgment by
2 the district justice. No execution against real estate shall be
3 issued by a district justice.
4 SUBPART B
5 OTHER STRUCTURAL PROVISIONS
6 Chapter
7 17. Governance of the System
8 19. Administrative Office of Pennsylvania Courts
9 21. Judicial Boards and Commissions
10 23. System and Related Personnel PERSONNEL OF THE SYSTEM <--
11 25. Representation of Litigants
12 27. Office of the Clerk of the Court of Common Pleas
13 CHAPTER 17
14 GOVERNANCE OF THE SYSTEM
15 Subchapter
16 A. General Provisions
17 B. Specific Powers of the Governing Authority of the System
18 SUBCHAPTER A
19 GENERAL PROVISIONS
20 Sec.
21 1701. General supervisory and administrative authority of
22 the Supreme Court.
23 1702. Rule making procedures.
24 § 1701. General supervisory and administrative authority
25 of the Supreme Court.
26 The Supreme Court shall exercise general supervisory and
27 administrative authority over the unified judicial system and in
28 aid thereof shall have the powers specified in Subchapter B
29 (relating to specific powers of the governing authority of the
30 system).
19750S0935B1986 - 91 -
1 § 1702. Rule making procedures.
2 (a) General rule.--Subject to the provisions of subsection
3 (b), the Supreme Court and all agencies or units of the unified
4 judicial system WHEN exercising the power to adopt general rules <--
5 or other orders in the nature of regulations pursuant to the
6 authority of the Supreme Court under section 1721 (relating to
7 delegation of powers) shall be an agency within the meaning of
8 the act of July 31, 1968 (P.L.769, No.240), known as the
9 "Commonwealth Documents Law," and shall be subject to all of the
10 provisions of such act except section 205 (relating to approval
11 as to legality). No such general rule or order adopted by the
12 Supreme Court or by such an agency or unit shall take effect
13 prior to publication in the Pennsylvania Bulletin, unless the
14 government unit adopting the general rule or order for good
15 cause finds (and incorporates the finding and a brief statement
16 of the reasons therefor in the order adopting the general rule
17 or order or change therein) that the deferral of the effective
18 date of the general rule or order or change therein beyond the
19 date specified in the order is impracticable or contrary to the
20 public interest.
21 (b) Scope.--The provisions of subsection (a) shall apply
22 only to a rule or order adopted pursuant to the following
23 provisions of this title or which is otherwise based in whole or
24 in part upon authority conferred by any provision of this title
25 or by other statutory authority:
26 Section 503 (relating to reassignment of matters).
27 Section 1722(b) (relating to enforcement and effect of
28 orders and process).
29 Section 1722(c) (relating to time limitations).
30 Section 1725 (relating to establishment of fees and
19750S0935B1986 - 92 -
1 charges).
2 Section 1726 (relating to establishment of taxable
3 costs).
4 Section 1728 (relating to recognition of related
5 organizations).
6 The provisions of subsection (a) shall also apply to other rules
7 and orders to the extent prescribed by general rule.
8 SUBCHAPTER B
9 SPECIFIC POWERS OF THE GOVERNING
10 AUTHORITY OF THE SYSTEM
11 Sec.
12 1721. Delegation of powers.
13 1722. Adoption of administrative and procedural rules.
14 1723. General supervisory and administrative authority.
15 1724. Personnel of the system.
16 1725. Establishment of fees and charges.
17 1726. Establishment of taxable costs.
18 1727. Budget and financial matters.
19 1728. Recognition of related organizations.
20 1729. Conferences and institutes.
21 1730. Boards, councils, commissions and committees.
22 § 1721. Delegation of powers.
23 The Supreme Court may from time to time delegate to any
24 agency or unit of the unified judicial system such of the
25 supervisory and administrative powers of the court, including
26 the powers specified in this subchapter, as may be specified by
27 general rule, EXCEPT THAT NO POWER BASED IN WHOLE OR IN PART <--
28 UPON AUTHORITY CONFERRED BY ANY PROVISION OF THIS TITLE OR OTHER
29 STATUTORY AUTHORITY SHALL BE DELEGATED BY THE SUPREME COURT TO
30 ANY AGENCY OR UNIT OTHER THAN:
19750S0935B1986 - 93 -
1 (1) A STATEWIDE COUNCIL WHICH MEETS THE REQUIREMENTS OF
2 SECTION 3529(D) (RELATING TO DEFINITION).
3 (2) THE COURT ADMINISTRATOR OF PENNSYLVANIA.
4 (3) ANY OTHER GOVERNMENT UNIT WITHIN THE SYSTEM CREATED
5 BY THE CONSTITUTION OF PENNSYLVANIA OR BY STATUTE. A BODY
6 CREATED PURSUANT TO SECTION 1730 (RELATING TO BOARDS,
7 COUNCILS, COMMISSIONS AND COMMITTEES), OTHER THAN THE COUNCIL
8 SPECIFIED BY PARAGRAPH (1), SHALL NOT BE DEEMED TO BE CREATED
9 BY STATUTE FOR THE PURPOSES OF THIS PARAGRAPH.
10 § 1722. Adoption of administrative and procedural rules.
11 (a) General rule.--The governing authority shall have the
12 power to prescribe and modify general rules governing:
13 (1) Practice, procedure and the conduct of all courts,
14 district justices and all officers serving process or
15 enforcing orders of any court or district justice and for
16 admission to the bar and to practice law, and the
17 administration of all courts and the supervision of all
18 officers of the judicial branch, if such rules are consistent
19 with the Constitution of Pennsylvania and neither abridge,
20 enlarge nor modify the substantive rights of any litigant,
21 nor affect the right of the General Assembly to determine the
22 jurisdiction of any court or district justice, nor suspend
23 nor alter any statute of limitation or repose. All statutes
24 shall be suspended to the extent that they are inconsistent
25 with rules prescribed under this paragraph.
26 (2) The prescription of canons of ethics applicable to
27 judges and the prescription of rules or canons applicable to
28 the activities of all other personnel of the system.
29 (3) Procedure under section 18 of Article V of the
30 Constitution of Pennsylvania and Subchapter C of Chapter 33
19750S0935B1986 - 94 -
1 (relating to discipline and removal by Judicial Inquiry and
2 Review Board).
3 (4) Procedure UNDER SECTION 18 OF ARTICLE V OF THE <--
4 CONSTITUTION OF PENNSYLVANIA for the suspension, removal,
5 discipline and compulsory retirement of district justices.
6 (5) Any matter which is SPECIFICALLY authorized by <--
7 statute to be governed by general rules.
8 A governing authority other than the Supreme Court shall not
9 have power to prescribe general rules for assignment or
10 reassignment of classes of matters among the several courts and
11 district justices under section 503 (relating to reassignment of
12 matters) or otherwise.
13 (b) Enforcement and effect of orders and process.--To the
14 extent, if any, that such powers shall not be conferred by the
15 provisions of subsection (a)(1) and (5), the governing authority
16 shall have power to prescribe and modify general rules,
17 consistent with this title and any other applicable unrepealed
18 statute, governing:
19 (1) The effect of judgments and other orders of, and the
20 right to and effect of attachments and other process issuing
21 out of, a tribunal, and the manner of the enforcement of any
22 thereof, including the time during which and the property
23 with respect to which they shall be a lien, the relative
24 priority of liens and other claims, stays of execution which
25 may or shall be granted, satisfaction of judgments and
26 dissolution of attachments, and all other matters relating to
27 judgments and other orders and attachments and other process
28 which have been regulated heretofore by statute.
29 (2) The powers and duties of system and related
30 personnel relating SERVING PROCESS OR ENFORCING ORDERS, IN SO <--
19750S0935B1986 - 95 -
1 FAR AS SUCH POWERS AND DUTIES RELATE to the custody of and
2 the judicial sale or other disposition of property of
3 judgment debtors and other property within the jurisdiction
4 of a tribunal. Any SUCH system or related personnel who shall <--
5 comply with the provisions of such rules shall be free from
6 all liability to any person with respect to action in
7 pursuance of such rules.
8 A STATUTE SHALL BE REPEALED FOR THE PURPOSES OF THIS SUBSECTION <--
9 ONLY IF IT HAS BEEN EXPRESSLY REPEALED ABSOLUTELY OR IN SO FAR
10 AS INCONSISTENT WITH GENERAL RULES PRESCRIBED PURSUANT TO THIS
11 SUBSECTION.
12 (c) Time limitations.--The governing authority shall have
13 power to prescribe and modify general rules:
14 (1) On any subject covered by subchapter D of Chapter 55
15 (relating to appeals).
16 (2) Specifying the time within which a matter must be
17 commenced under section 708 (relating to improvident
18 administrative appeals and other matters) or otherwise
19 objecting to a determination of a government unit.
20 The provisions of Chapter 55 (relating to limitation of time)
21 and all other statutes shall be suspended to the extent that
22 they are inconsistent with rules prescribed under this
23 subsection. The intention of this subsection is to authorize the
24 governing authority to develop and maintain uniformity in time
25 periods within the scope of this subsection by eliminating
26 statutory time limitations which are inconsistent with the
27 general pattern of similar time limitations then in effect.
28 § 1723. General supervisory and administrative authority.
29 The governing authority shall exercise general supervisory
30 and administrative authority over all courts and district
19750S0935B1986 - 96 -
1 justices.
2 § 1724. Personnel of the system.
3 (a) General rule.--Except as provided in subsection (b), the
4 governing authority shall exercise general supervisory and
5 administrative authority over the personnel of the system,
6 including the power to:
7 (1) Standardize the qualifications for employment, and
8 all titles, salaries and wages of appointed personnel of the
9 system. In establishing such standards the governing
10 authority may:
11 (i) Take into consideration the location of the work
12 and the conditions under which the service is rendered.
13 (ii) Establish different standards for different
14 kinds, grades and classes of similar work or service.
15 (iii) Adopt by reference in whole or in part the
16 then current regulations of the Executive Board
17 promulgated under section 709(a) of the act of April 9,
18 1929 (P.L.177, No.175), known as "The Administrative Code
19 of 1929," and the related personnel rules.
20 (iv) Adopt by reference in whole or in part the then <--
21 current regulations of the Civil Service Commission
22 promulgated under the act of August 5, 1941 (P.L.752,
23 No.286), known as the "Civil Service Act."
24 (2) Approve or disapprove the establishment of sections,
25 bureaus, offices and other administrative units within the
26 system, to investigate duplication of work of the several
27 administrative units within the system and offices employing
28 related personnel and the efficiency of the organization and
29 administration thereof, and to adopt measures APPLICABLE TO <--
30 PERSONNEL OF THE SYSTEM for the better coordination of the
19750S0935B1986 - 97 -
1 work of system and related personnel. THE UNIFIED JUDICIAL <--
2 SYSTEM AND OTHER GOVERNMENT UNITS.
3 (3) Approve or disapprove the number and grade of
4 authorized positions within the personnel of the system,
5 except such positions the compensation of which is fixed by
6 statute.
7 (4) Approve or disapprove, in like manner as the
8 Executive Board, the payment of extra compensation to
9 personnel of the system who are employed at fixed
10 compensation.
11 (5) Determine, from time to time, the hours when the
12 office of the clerk and the administrative and central
13 offices of the system shall open and close.
14 (6) Approve or disapprove extensions of leaves of
15 absence, with pay, for personnel of the system.
16 (7) Promulgate rules and regulations defining the
17 expenses for which the personnel of the system and members of
18 advisory committees may be reimbursed.
19 (8) Approve or disapprove recommendations for the
20 bonding of the personnel of the system, to fix the amounts of
21 the bonds of all such personnel required to give such bond,
22 and to require any bond to be executed by a surety.
23 (9) Approve or disapprove the establishment of offices
24 by any administrative unit within the personnel of the system
25 at any place other than the facilities specified in section
26 3701 (relating to Pennsylvania Judicial Center) and section
27 3721 (relating to county judicial center).
28 (10) Regulate the employment of and the charges made by
29 official court reporters for transcript and similar services
30 WHEN SUCH OFFICIAL COURT REPORTERS ARE EMPLOYED BY THE <--
19750S0935B1986 - 98 -
1 UNIFIED JUDICIAL SYSTEM.
2 (11) Take cognizance of all such other matters as would <--
3 fall within the jurisdiction of the Executive Board if the
4 system were an administrative department under "The
5 Administrative Code of 1929."
6 (b) Exception.--Nothing in subsection (a) shall apply to
7 county staff or shall affect the existing powers of the salary
8 boards of the several counties of this Commonwealth.
9 § 1725. Establishment of fees and charges.
10 (a) General rule.--The governing authority shall fix by
11 general rule the filing fees for the commencement of any matter
12 before any court or district justice and the fees which system <--
13 and related personnel CLERKS AND OFFICERS SERVING PROCESS OR <--
14 ENFORCING ORDERS shall be entitled to collect for services
15 performed. and the fees and expenses to be received by jurors <--
16 and witnesses. No person shall demand or receive any fee or
17 charge for any service within the scope of his office or
18 employment except as fixed or authorized by the governing
19 authority pursuant to this section. In fixing fees the governing
20 authority shall be guided by the following considerations:
21 (1) The unified judicial system is established for the
22 good order of society and the correction of injustice, and no
23 person should have right and justice denied or delayed by
24 reason of poverty.
25 (2) The number and type of fees should be minimized to
26 the end that the schedule of fees may be simple and
27 understandable to the public and amenable to modern
28 accounting systems and controls.
29 (3) Except as otherwise provided by statute, that
30 portion of the yield of the fees payable to the counties
19750S0935B1986 - 99 -
1 should be equivalent to APPROXIMATE TO, BUT NOT IN EXCESS OF <--
2 the net revenues receivable by the counties under the prior
3 provisions of law.
4 (4) The fees payable to witnesses and jurors should be <--
5 fair and reasonable and adequate to encourage persons to
6 appear and serve as such.
7 (5) The expenses of a criminal prosecution should be
8 debited to the judicial and correctional account of the
9 county in which the offense is alleged to have been
10 committed.
11 (6) The expenses of a prosecution for violation of any
12 ordinance of a city, borough, incorporated town or township
13 of the first class and the expenses of any resulting
14 confinement should be paid by the city, borough, incorporated
15 town or township of the first class which enacted the
16 ordinance.
17 (b) Procedure.--Rules adopted pursuant to subsection (a)
18 shall be reported to the General Assembly by the Chief Justice
19 at or after the beginning of a regular session thereof but not
20 later than May 1. Such rules shall take effect upon the
21 expiration of 90 days after they have been thus reported, or on
22 any later date provided for therein, unless the General Assembly
23 by the adoption of a concurrent resolution during such 90-day
24 period signifies that such rules, or any part thereof, are
25 disapproved. The disapproval of a part of a rule shall not
26 affect the remainder of the rule.
27 (c) Definition.--As used in this section "witness" includes
28 a person called to testify before any tribunal or other
29 government unit.
30 (B) PROCEDURE.--RULES ADOPTED PURSUANT TO SUBSECTION (A) <--
19750S0935B1986 - 100 -
1 SHALL TAKE EFFECT ONLY IN THE MANNER PROVIDED BY SECTION 503(B)
2 (RELATING TO PROCEDURES).
3 § 1726. Establishment of taxable costs.
4 The governing authority shall prescribe by general rule the
5 standards governing the imposition and taxation of costs,
6 including the items which constitute taxable costs, the
7 litigants who shall bear such costs, and the discretion vested
8 in the courts to modify the amount and responsibility for costs
9 in specific matters. All system and related personnel shall be
10 bound by such general rules. In prescribing such general rules,
11 the governing authority shall be guided by the following
12 considerations, among others:
13 (1) Attorney's fees should be ARE NOT an item of taxable <--
14 costs only if and EXCEPT to the extent authorized by section <--
15 2503 (relating to right of participants to receive counsel
16 fees).
17 (2) The prevailing party should recover his costs from
18 the unsuccessful litigant except where the:
19 (i) Costs relate to the existence, possession or
20 disposition of a fund and the costs should be borne by
21 the fund.
22 (ii) Question involved is a public question or where
23 the applicable law is uncertain and the purpose of the
24 litigants is primarily to clarify the law.
25 (iii) Application of the rule would work substantial
26 injustice.
27 (3) The imposition of actual costs or a multiple thereof
28 may be used as a penalty for violation of general rules or
29 rules of court.
30 § 1727. Budget and financial matters.
19750S0935B1986 - 101 -
1 The governing authority shall have power to:
2 (1) Review the tentative budget request of the system
3 prepared by the Administrative Office pursuant to section
4 3522 (relating to preparation of tentative budget request),
5 to make such modifications therein as in its judgment are
6 necessary or desirable, and to approve a final budget request
7 of the system pursuant to Subchapter B of Chapter 35
8 (relating to Judicial Department budget and finance).
9 (2) Approve or disapprove requests for the purchase from
10 funds appropriated to the system of goods or services by
11 personnel of the system, including the rental of space, and
12 requests for the construction or modification of Commonwealth
13 facilities to be utilized by the system.
14 § 1728. Recognition of related organizations.
15 (a) General rule.--The governing authority shall have power
16 on application to identify the several conferences or
17 associations which are the most broadly representative of each
18 of the following groups:
19 (1) Judges of the courts of common pleas, community
20 courts and Philadelphia Municipal Court.
21 (2) District justices.
22 (3) Members of the bar of the Supreme Court.
23 (4) Such other conferences or associations of system and
24 related personnel as may be recognized by the governing
25 authority.
26 If the governing authority shall approve the organic law of the
27 conference or association insofar as it relates to matters
28 affecting the system, the governing authority may by general
29 rule designate the applicant as the recognized conference or
30 association of such group for the purposes of this title and any
19750S0935B1986 - 102 -
1 other provision of law.
2 (b) Changes in recognition.--The governing authority may
3 transfer recognition from one conference or association of a
4 group to another such conference or association whenever the
5 governing authority shall find that the circumstances warrant
6 such change and shall revoke the designation of any conference
7 or association if it shall find that such conference or
8 association would not be designated a recognized conference or
9 association if then making application therefor.
10 (c) Expenses.--The governing authority may authorize the
11 payment of the expenses of personnel of the system incident to
12 participation in the work of a recognized conference or
13 association and may make grants for the support of the work
14 thereof.
15 § 1729. Conferences and institutes.
16 The governing authority shall have power by general rule or
17 by order to provide for the organization and convening on a
18 regular or special basis of a Judicial Conference of
19 Pennsylvania, institutes and joint councils on sentencing, and
20 such other informational and educational conferences and
21 institutes as the governing authority may find to be necessary
22 or desirable for the prompt, fair and efficient administration
23 of justice, and to require the attendance of such system and <--
24 related personnel PERSONNEL OF THE SYSTEM as shall be designated <--
25 by or pursuant to such general rules or orders. The governing
26 authority may cooperate with other states and the Federal
27 Government in the convening, organization and maintenance of
28 conferences and institutes authorized by this section.
29 § 1730. Boards, councils, commissions and committees.
30 The governing authority shall have power by general rules or
19750S0935B1986 - 103 -
1 by order to establish and discontinue boards, councils,
2 commissions, committees or other bodies composed of personnel of
3 the system and other persons to consider, report or take action
4 on any subject specified in such general rules or order
5 affecting the organization or operation of the unified judicial
6 system and the offices related to and serving the system.
7 CHAPTER 19
8 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS
9 Sec.
10 1901. Court Administrator of Pennsylvania.
11 1902. Administrative Office of Pennsylvania Courts.
12 1903. Staff.
13 § 1901. Court Administrator of Pennsylvania.
14 The Supreme Court shall appoint and may remove a Court
15 Administrator of Pennsylvania.
16 § 1902. Administrative Office of Pennsylvania Courts.
17 A reference in any statute to the Administrative Office of
18 Pennsylvania Courts shall be deemed a reference to the Court
19 Administrator of Pennsylvania who shall, either personally, by
20 deputy, by other duly authorized personnel of the system, or by
21 duly authorized agent, exercise the powers and perform the
22 duties by statute vested in and imposed upon the Administrative
23 Office.
24 § 1903. STAFF. <--
25 The Supreme Court may appoint such subordinate administrators
26 and staff as may be necessary and proper for the prompt and
27 proper disposition of the business of all courts and district
28 justices.
29 CHAPTER 21
30 JUDICIAL BOARDS AND COMMISSIONS
19750S0935B1986 - 104 -
1 Subchapter
2 A. Judicial Inquiry and Review Board
3 B. Judicial Qualifications Commission (Reserved)
4 C. Jury Selection Commissions
5 D. Minor Judiciary Education Board
6 E. Boards of Viewers
7 SUBCHAPTER A
8 JUDICIAL INQUIRY AND REVIEW BOARD
9 Sec.
10 2101. Judicial Inquiry and Review Board.
11 2102. Composition of board.
12 2103. Organization.
13 2104. Staff.
14 2105. Powers and duties.
15 § 2101. Judicial Inquiry and Review Board.
16 (a) General rule.--The Judicial Inquiry and Review Board
17 shall consist of nine persons selected as provided in this
18 subchapter.
19 (b) Seal.--The Judicial Inquiry and Review Board shall have
20 a seal engraved with its name and such other inscription as may
21 be specified by general rule. A facsimile or preprinted seal may
22 be used for all purposes in lieu of the original seal.
23 § 2102. Composition of board.
24 (a) General rule.--The Judicial Inquiry and Review Board
25 shall consist of:
26 (1) Two judges of the Superior Court selected by the
27 Supreme Court.
28 (2) Three judges of the courts of common pleas selected
29 by the Supreme Court, no two or more of such judges shall be
30 from the same judicial district.
19750S0935B1986 - 105 -
1 (3) Two nonjudge members of the bar of the Supreme Court
2 selected by the Governor.
3 (4) Two nonlawyer electors selected by the Governor.
4 (b) Terms of office.--The members of the board shall serve
5 for terms of four years, except that a member, rather than his
6 successor, shall continue to participate in any hearing in
7 progress at the end of his term. A vacancy on the board shall be
8 filled by the respective appointing authority for the balance of
9 the term. The respective appointing authority may remove a
10 member only for cause. No member shall serve more than four
11 consecutive years, but he may be reappointed after a lapse of
12 one year.
13 (c) Restriction on political activity.--A member of the
14 board may not hold office in a political party or a political
15 organization.
16 (d) Compensation.--Members selected by the Governor shall
17 receive such fees or salary as shall be fixed by the governing
18 authority.
19 § 2103. Organization.
20 Annually the Judicial Inquiry and Review Board shall elect a
21 chairman and other officers of the board, who shall hold office
22 at the pleasure of the board. The board shall act only with the
23 concurrence of a majority of its members.
24 § 2104. Staff.
25 The Judicial Inquiry and Review Board, or the chairman of the
26 board, as may be prescribed by general rule, shall appoint and
27 may remove an executive director and such administrative staff
28 of the board as may be authorized by the governing authority.
29 § 2105. Powers and duties.
30 The Judicial Inquiry and Review Board shall exercise the
19750S0935B1986 - 106 -
1 powers and perform the duties vested in and imposed upon the
2 board by section 18 of Article V of the Constitution of
3 Pennsylvania and Subchapter C of Chapter 33 (relating to
4 discipline and removal by Judicial Inquiry and Review Board) and
5 any other powers and duties vested in and imposed upon the board
6 by law.
7 SUBCHAPTER B
8 JUDICIAL QUALIFICATIONS COMMISSION
9 (Reserved)
10 SUBCHAPTER C
11 JURY SELECTION COMMISSIONS
12 Sec.
13 2121. Jury selection commissions.
14 2122. Composition of jury selection commissions.
15 2123. Staff.
16 2124. Powers and duties.
17 § 2121. Jury selection commissions.
18 (a) General rule.--The jury selection commission in each
19 county of this Commonwealth shall consist of three or more
20 persons selected as provided in this subchapter or as provided
21 by home rule charter.
22 (b) Home rule charter counties.--The provisions of this
23 subchapter shall be subject to any inconsistent provisions of
24 any home rule charter.
25 § 2122. Composition of jury selection commissions.
26 (a) General rule.--Except in the first judicial district,
27 the jury selection commission shall consist of two jury
28 commissioners elected as provided in this section and a judge of
29 the court of common pleas of the judicial district embracing the
30 county designated from time to time by the president judge of
19750S0935B1986 - 107 -
1 such court. The judge so designated shall be the chairman of the
2 commission.
3 (b) Election of commissioners.--The jury commissioners shall
4 be elected as provided in this subsection and, to the extent not
5 inconsistent with this subsection, as provided by the act of
6 July 28, 1953 (P.L.723, No.230), known as the "Second Class
7 County Code" and the act of August 9, 1955 (P.L.323, No.130),
8 known as "The County Code," as the case may be, and the act of
9 June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania
10 Election Code." Any jury commissioner shall be eligible for
11 reelection for any number of terms. The two persons elected as
12 jury commissioners shall not be of the same political party. The
13 candidate for the office who receives the highest number of
14 votes shall be one of the jury commissioners, and the other
15 shall be that candidate not being of the same political party as
16 the first who receives the next highest number of votes.
17 (c) Filling of vacancy.--In case of the inability of a jury
18 commissioner, by sickness, death, or other unavoidable cause, to
19 discharge the duties of his office, or in case of neglect or
20 refusal to serve, the president judge of the court of common
21 pleas of the judicial district shall appoint a suitable person
22 to perform the duties of the office during the period of
23 inability.
24 (d) Philadelphia.--In the first judicial district the jury
25 selection commission shall consist of the sheriff and two or <--
26 more judges THE JUDGES of the Court of Common Pleas of <--
27 Philadelphia County. designated by the President Judge of such <--
28 court.
29 (e) Quorum.--A jury selection commission may act by any two
30 of its members.
19750S0935B1986 - 108 -
1 § 2123. Staff.
2 The jury selection commission shall appoint and may remove a
3 clerk and such administrative staff of the commission as may be
4 authorized pursuant to law.
5 § 2124. Powers and duties.
6 Each jury selection commission shall exercise the powers and
7 perform the duties vested in and imposed upon such commissions
8 by Subchapter B of Chapter 45 (relating to selection and custody
9 of jurors) and any other powers and duties vested in and imposed
10 upon such commissions by law.
11 SUBCHAPTER D
12 MINOR JUDICIARY EDUCATION BOARD
13 Sec.
14 2131. Minor Judiciary Education Board.
15 2132. Composition of board.
16 2133. Organization.
17 2134. Staff.
18 2135. Powers and duties.
19 § 2131. Minor Judiciary Education Board.
20 (a) General rule.--The Minor Judiciary Education Board shall
21 consist of seven members selected as provided in this
22 subchapter.
23 (b) Seal.--The Minor Judiciary Education Board shall have a
24 seal engraved with its name and such other inscription as may be
25 specified by general rule. A facsimile or preprinted seal may be
26 used for all purposes in lieu of the original seal.
27 § 2132. Composition of board.
28 (a) General rule.--The Minor Judiciary Education Board shall
29 consist of the following appointed by the Governor with the
30 consent of two-thirds A MAJORITY of the members elected to the <--
19750S0935B1986 - 109 -
1 Senate:
2 (1) Three persons who shall be judges of the Pittsburgh
3 Magistrates Court or the Traffic Court of Philadelphia or
4 district justices.
5 (2) Three members of the bar of the Supreme Court.
6 (3) One lay elector.
7 (b) Terms of office.--The members of the board shall serve
8 for terms of five years and until a successor has been appointed
9 and qualified. A vacancy on the board shall be filled for the
10 balance of the term.
11 (c) Compensation.--Members of the board shall receive such
12 fees or salary as shall be fixed by the governing authority IN <--
13 THE MANNER PROVIDED BY SECTION 503(B) (RELATING TO PROCEDURE).
14 § 2133. Organization.
15 Annually the Minor Judiciary Education Board shall elect a
16 chairman and other officers of the board, who shall hold office
17 at the pleasure of the board. The board shall act only with the
18 concurrence of a majority of its members.
19 § 2134. Staff.
20 The Department of Education ADMINISTRATIVE OFFICE shall <--
21 provide such staff assistance as the Minor Judiciary Education
22 Board may require.
23 § 2135. Powers and duties.
24 The Minor Judiciary Education Board shall exercise the powers
25 and perform the duties vested in and imposed upon the board by
26 Subchapter B of Chapter 31 (relating to qualifications of
27 certain minor judiciary) and any other powers and duties vested
28 in and imposed upon the board by law.
29 SUBCHAPTER E
30 BOARDS OF VIEWERS
19750S0935B1986 - 110 -
1 Sec.
2 2141. Boards of viewers.
3 2142. Composition of boards.
4 2143. Staff.
5 2144. Powers and duties.
6 § 2141. Boards of viewers.
7 The boards of viewers in each county of this Commonwealth
8 shall consist of three or more persons selected as provided in
9 this subchapter.
10 § 2142. Composition of boards.
11 (a) General rule.--The court of common pleas of the judicial
12 district embracing the county shall appoint to the board of
13 viewers of the county such a number of persons as shall be
14 necessary for the proper performance of the duties imposed upon
15 the board. At least one-third of the members of the board of
16 viewers shall be attorneys-at-law and each member shall be a
17 resident of the county unless the court is unable to complete
18 the membership of the board from residents of the county, in
19 which event the court may appoint residents of adjacent
20 counties. In the City and County of Philadelphia the board of
21 viewers may be appointed from among the Board of Revision of
22 Taxes. Additional qualifications for membership on boards of
23 viewers may be established by general rule or rule of court.
24 (b) Terms of office.--The members of boards of viewers shall
25 serve for a term of not less than three nor more than six years,
26 as stated in the appointment, whether such appointment is for an
27 original or partly expired term. All appointments shall be
28 subject to the power of the court of common pleas to remove
29 members of the board without cause and to appoint successors.
30 § 2143. Staff.
19750S0935B1986 - 111 -
1 Each board of viewers shall be provided with such staff as
2 may be necessary.
3 § 2144. Powers and duties.
4 Each board of viewers shall exercise the powers and perform
5 the duties vested in and imposed upon such boards by law.
6 CHAPTER 23
7 SYSTEM AND RELATED PERSONNEL PERSONNEL OF THE SYSTEM <--
8 Sec.
9 2301. Appointment of personnel.
10 2302. Maintenance of adequate county staff.
11 2303. Powers of system and related personnel. <--
12 § 2301. Appointment of personnel.
13 (a) General rule.--Subject to any inconsistent general rules
14 or other inconsistent provisions of law STATUTORY PROVISIONS <--
15 each:
16 (1) Judge and district justice may appoint and fix the
17 duties of necessary personal staff.
18 (2) Court may appoint and fix the compensation and
19 duties of necessary administrative staff and fix the
20 compensation of personal staff.
21 (3) Other agency or unit of the unified judicial system
22 may appoint and fix the compensation and duties of necessary
23 central staff and personal staff.
24 (b) Oath of office.--Each member of a judicial board or
25 commission and each other person who is appointed to an office
26 shall, before entering upon the duties of his office, take and
27 subscribe the oath or affirmation specified in section 3151
28 (relating to oath of office).
29 (c) County staff unaffected.--The provisions of subsection
30 (a) are intended solely to codify and consolidate former
19750S0935B1986 - 112 -
1 statutory provisions on the same subject and nothing in such
2 subsection shall be construed to limit, modify or deny the
3 existing powers or prerogatives of county staff or other
4 officers, other than judges, elected by the electorate of a
5 county, to appoint and to fix the reasonable compensation of
6 such classes of personnel as such county officers have
7 heretofore been authorized to do by law.
8 § 2302. Maintenance of adequate county staff.
9 Whenever necessary, it shall be the duty of county officers
10 to appoint or detail such county staff as shall enable the
11 judges of the courts embracing the county to properly transact
12 the business before their respective courts.
13 § 2303. Powers of system and related personnel. <--
14 System and related personnel shall have such powers,
15 including the power to issue subpoenas, as may be provided or
16 prescribed by law or order of court.
17 CHAPTER 25
18 REPRESENTATION OF LITIGANTS
19 Subchapter
20 A. General Provisions
21 B. Attorneys and Counsellors
22 SUBCHAPTER A
23 GENERAL PROVISIONS
24 Sec.
25 2501. Appearance in person or by counsel.
26 2502. Certain persons not to appear as counsel.
27 2503. Right of participants to receive counsel fees.
28 § 2501. Appearance in person or by counsel.
29 (a) Civil matters.--In all civil matters before any tribunal
30 every litigant shall have a right to be heard, by himself and
19750S0935B1986 - 113 -
1 his counsel, or by either of them.
2 (b) Criminal matters.--In all criminal prosecutions the
3 accused has a right to be heard by himself and his counsel.
4 § 2502. Certain persons not to appear as counsel.
5 (a) General rule.--No attorney-at-law who is a member of the
6 staff of a court shall appear as counsel in such court and no
7 attorney-at-law shall appear in any court or in any matter in
8 violation of any general rule relating to the practice of law or
9 the conduct of courts, district justices and officers serving
10 process or enforcing orders of courts.
11 (b) Law clerks.--Except as otherwise prescribed by general
12 rules, a law clerk serving on the personal staff of a judge of a
13 court of common pleas may appear in such court as an attorney-
14 at-law before other judges of such court notwithstanding the
15 provisions of subsection (a).
16 § 2503. Right of participants to receive counsel fees.
17 The following participants shall be entitled to a reasonable
18 counsel fee as part of the taxable costs of the matter:
19 (1) The holder of bonds of a private corporation who
20 successfully recovers due and unpaid interest, the liability
21 for the payment of which was denied by the corporation.
22 (2) A garnishee who enters an appearance in a matter
23 which is discontinued prior to answer filed.
24 (3) A garnishee who is found to have in his possession
25 or control no indebtedness due to or other property of the
26 debtor except such, if any, as has been admitted by answer
27 filed.
28 (4) A possessor of property claimed by two or more other
29 persons, if the possessor interpleads the rival claimants,
30 disclaims all interest in the property and disposes of the
19750S0935B1986 - 114 -
1 property as the court may direct.
2 (5) The prevailing party in an interpleader proceeding
3 in connection with execution upon a judgment.
4 (6) Any participant who is awarded counsel fees as a
5 sanction AGAINST ANOTHER PARTICIPANT for violation of any <--
6 general rule or rule of court or WHICH EXPRESSLY PRESCRIBES <--
7 THE AWARD OF COUNSEL FEES AS A SANCTION for dilatory,
8 obdurate or vexatious conduct during the pendency of any
9 matter.
10 (7) ANY PARTICIPANT WHO IS AWARDED COUNSEL FEES AS A <--
11 SANCTION AGAINST ANOTHER PARTICIPANT FOR DILATORY, OBDURATE
12 OR VEXATIOUS CONDUCT DURING THE PENDENCY OF A MATTER.
13 (7) (8) Any participant who is awarded counsel fees out <--
14 of a fund within the jurisdiction of the court pursuant to
15 any general rule relating to an award of counsel fees from a
16 fund within the jurisdiction of the court.
17 (8) (9) Any participant who is awarded counsel fees <--
18 because the conduct of another party in commencing the matter
19 or otherwise was arbitrary, vexatious or in bad faith.
20 (9) (10) Any other participant in such circumstances as <--
21 may be specified by statute HERETOFORE OR HEREAFTER ENACTED. <--
22 SUBCHAPTER B
23 ATTORNEYS AND COUNSELLORS
24 Sec.
25 2521. Office of attorney-at-law.
26 2522. Oath of office.
27 2523. Persons specially admitted by local rules.
28 2524. Penalty for unauthorized practice of law.
29 2525. Unauthorized solicitation prohibited.
30 § 2521. Office of attorney-at-law.
19750S0935B1986 - 115 -
1 Persons admitted to the bar of the courts of this
2 Commonwealth and to practice law pursuant to general rules shall
3 thereby hold the office of attorney-at-law.
4 § 2522. Oath of office.
5 Before entering upon the duties of his office, each attorney-
6 at-law shall take and subscribe the following oath or
7 affirmation before a person authorized to administer oaths:
8 "I do solemnly swear (or affirm) that I will support,
9 obey and defend the Constitution of the United States and the
10 Constitution of this Commonwealth and that I will discharge
11 the duties of my office with fidelity, as well to the court
12 as to the client, that I will use no falsehood, nor delay the
13 cause of any person for lucre or malice."
14 Any person refusing to take the oath or affirmation shall
15 forfeit his office.
16 § 2523. Persons specially admitted by local rules.
17 Any person specially admitted to practice law on or before
18 April 23, 1968 may continue to practice in the court of common
19 pleas or in that division of the court of common pleas and the
20 Philadelphia Municipal Court which substantially includes the
21 practice for which such person was previously specially
22 admitted.
23 § 2524. Penalty for unauthorized practice of law.
24 Any person who within this Commonwealth shall practice law,
25 or who shall hold himself out to the public as being entitled to
26 practice law, or use or advertise the title of lawyer, attorney-
27 at-law, attorney and counsellor-at-law, counsellor, or the
28 equivalent in any language, in such a manner as to convey the
29 impression that he is a practitioner of the law of any
30 jurisdiction, without being an attorney-at-law or a corporation
19750S0935B1986 - 116 -
1 complying with the act of July 9, 1970 (P.L.461, No.160), known
2 as the "Professional Corporation Law," commits a misdemeanor of
3 the third degree.
4 § 2525. Unauthorized solicitation prohibited.
5 (a) Offense defined.--Any person not an attorney-at-law who
6 shall solicit or procure through solicitation a retainer, power
7 of attorney or any agreement, written or oral, authorizing an
8 attorney-at-law to perform or render legal services, or who
9 shall solicit any person in this Commonwealth to institute any
10 action or proceeding for damages in which the compensation of
11 any attorney-at-law for instituting or prosecuting such suit,
12 shall directly or indirectly, depend upon the amount of the
13 recovery therein, commits a misdemeanor of the third degree.
14 (b) Exception.--Subsection (a) shall not prohibit any bona
15 fide labor organization from giving legal advice to its members
16 in matters arising out of their employment or prohibit any
17 person from engaging in any associational activity which is
18 protected under the Constitution of the United States.
19 CHAPTER 27
20 OFFICE OF THE CLERK OF THE COURT OF COMMON PLEAS
21 Subchapter
22 A. General Provisions
23 B. Prothonotaries
24 C. Clerks of the Courts
25 D. Clerks of Orphans' Court Divisions
26 SUBCHAPTER A
27 GENERAL PROVISIONS
28 Sec.
29 2701. Scope and purpose of chapter.
30 2702. Place of filing of documents.
19750S0935B1986 - 117 -
1 2703. Notice of transfer of functions and duties.
2 2704. Responsibility for entry, maintenance and certification
3 of data.
4 § 2701. Scope and purpose of chapter.
5 (a) Purpose.--The purpose of this chapter is to facilitate
6 the prompt, fair and efficient administration of justice by
7 specifying the respective powers and duties of prothonotaries,
8 clerks of the courts and clerks of orphans' court divisions.
9 (b) Effect of other provisions of law.--The provisions of
10 this chapter shall be subject to any inconsistent statute, home
11 rule charter or optional plan of government, and to any
12 inconsistent general rule or rule of court heretofore or
13 hereafter adopted pursuant to and subject to the limitations of
14 constitutional authority.
15 § 2702. Place of filing of documents.
16 Where jurisdiction of any matter is by law vested in a court
17 of common pleas or in the Philadelphia Municipal Court, all
18 applications for relief or other documents relating to the
19 matter shall be filed in or transferred to the office of the
20 clerk of the court of common pleas and handled by the
21 appropriate office specified by or pursuant to this chapter.
22 § 2703. Notice of transfer of functions and duties.
23 Whenever pursuant to this chapter an officer SECTION <--
24 2756(B)(2) (RELATING TO EXCEPTIONS) A CLERK OF THE COURTS files
25 a waiver of any functions and duties ordinarily incident to his
26 office, the order of court appointing another officer or other
27 person to perform such functions and duties entered pursuant to
28 this chapter shall not be valid for any purpose until filed in
29 the Administrative Office. The Administrative Office shall cause
30 all such orders to be published in the Pennsylvania Code.
19750S0935B1986 - 118 -
1 § 2704. Responsibility for entry, maintenance and certification
2 of data.
3 The prothonotary, clerk of the courts and clerk of the
4 orphans' court division shall be responsible for the accurate
5 and timely creation, maintenance and certification of the record
6 of matters pending before or determined by the courts of common
7 pleas and the Philadelphia Municipal Court, including data and
8 reports relating thereto.
9 SUBCHAPTER B
10 PROTHONOTARIES
11 Sec.
12 2731. Prothonotary.
13 2732. Selection of prothonotary.
14 2733. Seal.
15 2734. Office of the prothonotary.
16 2735. Staff.
17 2736. Matters or documents filed in the office of the
18 prothonotary.
19 2737. Powers and duties of the office of the prothonotary.
20 2738. Criminal, probate, estates and fiduciary matters.
21 § 2731. Prothonotary.
22 (a) General rule.--In each county of this Commonwealth there
23 shall be one prothonotary for the court of common pleas, who
24 shall be known as the "Prothonotary of (the respective) County."
25 (b) Multi-county judicial districts.--In multi-county
26 judicial districts the prothonotary shall be the prothonotary of
27 the branch of the court of common pleas established for the
28 county.
29 (c) Philadelphia.--In the first judicial district there
30 shall be one prothonotary for the Court of Common Pleas of
19750S0935B1986 - 119 -
1 Philadelphia County and the Philadelphia Municipal Court, who
2 shall be known as the "Prothonotary of Philadelphia."
3 § 2732. Selection of prothonotary.
4 (a) General rule.--The prothonotary of each county shall be
5 selected, and may be removed, in the manner provided by the act
6 of July 28, 1953 (P.L.723, No.230), known as the "Second Class
7 County Code," or the act of August 9, 1955 (P.L.323, No.130),
8 known as "The County Code," as the case may be.
9 (b) Philadelphia.--The Prothonotary of Philadelphia shall be
10 appointed by the Court of Common Pleas of Philadelphia County.
11 § 2733. Seal.
12 The prothonotary shall have custody of a counterpart of the
13 seal of the court or courts for which he is the prothonotary.
14 § 2734. Office of the prothonotary.
15 (a) General rule.--There shall be an office of the
16 prothonotary in each county of this Commonwealth, which shall be
17 the office of the prothonotary of the county. It shall be <--
18 supervised by the prothonotary of the county who shall, either
19 personally, by deputy or by other duly authorized employees or
20 agents of the office, exercise the powers, and perform the
21 duties by law vested in and imposed upon the prothonotary or the
22 office of the prothonotary.
23 (b) Facilities and services.--The office of the prothonotary
24 shall be provided with all necessary accommodations, goods and
25 services pursuant to section 3722 (relating to general
26 facilities and services furnished by county).
27 § 2735. Staff.
28 (a) General rule.--The prothonotary may appoint and remove
29 such deputies and other administrative staff of the office of
30 the prothonotary as may be necessary.
19750S0935B1986 - 120 -
1 (b) Solicitor.--The prothonotary may appoint and remove a
2 solicitor, who shall be a member of the bar of the Supreme
3 Court. The solicitor shall advise upon all legal matters that
4 may be submitted by the prothonotary to him, and shall conduct
5 any litigation when required to do so by the prothonotary.
6 (c) Compensation and duties.--The prothonotary, except as
7 otherwise provided by statute or home rule charter or optional
8 plan of government, may fix the compensation and duties of the
9 staff of the office of the prothonotary. Where the compensation
10 of the staff of the office of the prothonotary is fixed by a
11 county salary board, the prothonotary shall be a member of the
12 salary board for such purpose.
13 § 2736. Matters or documents filed in the office of the
14 prothonotary.
15 All matters or documents required or authorized to be filed
16 in the office of the clerk of the court of common pleas shall be
17 filed in the office of the prothonotary except:
18 (1) Matters or documents specified in section 2756
19 (relating to matters or documents filed in the office of the
20 clerk of the courts).
21 (2) Matters or documents specified in section 2776
22 (relating to matters or documents filed in the office of the
23 clerk of the orphans' court division).
24 § 2737. Powers and duties of the office of the prothonotary.
25 The office of the prothonotary shall have the power and duty
26 to:
27 (1) Administer oaths and affirmations and take
28 acknowledgments pursuant to section 327 (relating to oaths
29 and acknowledgments), but shall not be compelled to do so in
30 any matters not pertaining to the proper business of the
19750S0935B1986 - 121 -
1 office.
2 (2) Affix and attest the seal of the court or courts to
3 all the process thereof and to the certifications and
4 exemplifications of all documents and records pertaining to
5 the office of the prothonotary and the business of the court
6 or courts of which it is the prothonotary.
7 (3) Enter all civil judgments.
8 (4) Enter all satisfactions of civil judgments.
9 (5) Exercise the authority of the prothonotary as an
10 officer of the court.
11 (6) Exercise such other powers and perform such other
12 duties as may now or hereafter be vested in or imposed upon
13 the office by law, home rule charter, order or rule of court,
14 or ordinance of a county governed by a home rule charter or
15 optional plan of government.
16 § 2738. Criminal, probate, estates and fiduciary matters.
17 (a) General rule.--The personnel of the office of the
18 prothonotary shall exercise the powers and perform the duties
19 vested in or imposed upon the office of the clerk of the court
20 of common pleas by:
21 (1) Subchapter C (relating to clerks of the courts)
22 where no separate clerk of the courts is authorized for the
23 county.
24 (2) Subchapter D (relating to clerks of orphans' court
25 divisions) where no separate clerk of the orphans' court
26 division is authorized for the county.
27 (b) Criminal matters.--Except as provided in subsection
28 (a)(1), the office of the prothonotary shall not exercise the
29 powers and perform the duties of the office of the clerk of the
30 courts.
19750S0935B1986 - 122 -
1 (c) Probate, estates and fiduciary matters.--Except as
2 provided in subsection (a)(2), the office of the prothonotary
3 shall not exercise the powers and perform the duties of the
4 office of the clerk of the orphans' court division.
5 SUBCHAPTER C
6 CLERKS OF THE COURTS
7 Sec.
8 2751. Clerk of the courts.
9 2752. Selection of clerk of the courts.
10 2753. Seal
11 2754. Office of the clerk of the courts.
12 2755. Staff.
13 2756. Matters or documents filed in the office of the clerk of
14 the courts.
15 2757. Powers and duties of the office of the clerk of the
16 courts.
17 § 2751. Clerk of the courts.
18 (a) General rule.--In each county of this Commonwealth there
19 shall be a clerk of the courts for the court of common pleas who
20 shall be known as the "Clerk of the Courts of (the respective)
21 County."
22 (b) Multi-county judicial districts.--In multi-county
23 judicial districts the clerk of the courts shall be the clerk of
24 the courts of the branch of the court of common pleas
25 established for the county.
26 (c) Philadelphia.--In the first judicial district there
27 shall be a clerk of the courts for the Court of Common Pleas of
28 Philadelphia County and the Philadelphia Municipal Court, who
29 shall be known as the "Clerk of Quarter Sessions of
30 Philadelphia."
19750S0935B1986 - 123 -
1 § 2752. Selection of clerk of the courts.
2 (a) General rule.--The clerk of the courts of each county
3 shall be selected, and may be removed, in the manner provided by
4 the act of July 28, 1953 (P.L.723, No.280), known as the "Second
5 Class County Code" or the act of August 9, 1955 (P.L.323,
6 No.130), known as "The County Code," as the case may be. The
7 office shall be combined with another county office when so
8 provided by statute.
9 (b) Philadelphia.--The Clerk of Quarter Sessions of
10 Philadelphia shall be selected, and may be removed, in the
11 manner provided by statute or home rule charter.
12 § 2753. Seal.
13 The clerk of the courts shall have custody of a counterpart
14 of the seal of the court or courts for which he is the clerk of
15 the courts.
16 § 2754. Office of the clerk of the courts.
17 (a) General rule.--There shall be an office of the clerk of
18 the courts in each county of this Commonwealth, which shall be
19 the office of the clerk of the courts of the county. It shall be <--
20 supervised by the clerk of the courts of the county who shall,
21 either personally, by deputy, or by other duly authorized
22 employees or agents of the office, exercise the powers and
23 perform the duties by law vested in and imposed upon the clerk
24 of the courts or the office of the clerk of the courts.
25 (b) Facilities and services.--The office of the clerk of the
26 courts shall be provided with all necessary accommodations,
27 goods and services pursuant to section 3722 (relating to general
28 facilities and services furnished by county).
29 § 2755. Staff.
30 (a) General rule.--The clerk of the courts may appoint and
19750S0935B1986 - 124 -
1 remove such deputies and other administrative staff of the
2 office of the clerk of the courts as may be necessary.
3 (b) Solicitor.--The clerk of the courts may appoint and
4 remove a solicitor, who shall be a member of the bar of the
5 Supreme Court. The solicitor shall advise upon all legal matters
6 that may be submitted by the clerk of the courts to him, and
7 shall conduct any litigation when required to do so by the clerk
8 of the courts.
9 (c) Compensation and duties.--The clerk of the courts,
10 except as otherwise provided by statute or home rule charter or
11 optional plan of government, may fix the compensation and duties
12 of the staff of the office of the clerk of the courts. Where the
13 compensation of the staff of the office of the clerk of the
14 courts is fixed by a county salary board, the clerk of the
15 courts shall be a member of the salary board for such purpose.
16 § 2756. Matters or documents filed in the office of the clerk
17 of the courts.
18 (a) General rule.--All applications for relief or other
19 documents relating to the following matters shall be filed in or
20 transferred to the office of the clerk of the courts:
21 (1) Criminal matters including all related motions and
22 filings.
23 (2) Road, liquor, municipal and other miscellaneous
24 civil matters formerly within the jurisdiction of the Courts
25 of Oyer and Terminer, General Jail Delivery, and Quarter
26 Sessions of the Peace.
27 (3) Other matters to the extent provided by law or the
28 local ordinance or resolution creating or recognizing the
29 cause of action.
30 (b) Exceptions.--
19750S0935B1986 - 125 -
1 (1) Subsection (a)(2) and (3) shall not be applicable in
2 the fifth judicial district.
3 (2) The clerk of the courts of any county may file in
4 the office of the prothonotary of the county and in the
5 Administrative Office a written waiver of all or any part of
6 subsection (a)(2) and (3), whereupon the provisions so waived
7 shall not be applicable in the county.
8 § 2757. Powers and duties of the office of the clerk of the
9 courts.
10 The office of the clerk of the courts shall have the power
11 and duty to:
12 (1) Administer oaths and affirmations and take
13 acknowledgments pursuant to section 327 (relating to oaths
14 and acknowledgments), but shall not be compelled to do so in
15 any matter not pertaining to the proper business of the
16 office.
17 (2) Affix and attest the seal of the court or courts to
18 all the process thereof and to the certifications and
19 exemplifications of all documents and records pertaining to
20 the office of the clerk of the courts and the business of the
21 court or courts of which it is the clerk of the courts.
22 (3) Enter all criminal judgments.
23 (4) Exercise the authority of the clerk of the courts as
24 an officer of the court.
25 (5) Exercise such other powers and perform such other
26 duties as may now or hereafter be vested in or imposed upon
27 the office by law, home rule charter, order or rule of court,
28 or ordinance of a county governed by a home rule charter or
29 optional plan of government.
30 SUBCHAPTER D
19750S0935B1986 - 126 -
1 CLERKS OF ORPHANS' COURT DIVISIONS
2 Sec.
3 2771. Clerk of the orphans' court division.
4 2772. Selection of clerk of the orphans' court division.
5 2773. Seal.
6 2774. Office of the clerk of the orphans' court division.
7 2775. Staff.
8 2776. Matters or documents filed in the office of the clerk of
9 the orphans' court division.
10 2777. Powers and duties of the office of the clerk of the
11 orphans' court division.
12 § 2771. Clerk of the orphans' court division.
13 (a) General rule.--In each county of this Commonwealth there
14 shall be one clerk of the orphans' court division, who shall be
15 known as the "Clerk of the Orphans' Court Division of the Court
16 of Common Pleas of (the respective) County."
17 (b) Multi-county judicial districts.--In multi-county
18 judicial districts the clerk of the orphans' court division
19 shall be the clerk of the orphans' court division of the branch
20 of the court of common pleas established for the county.
21 § 2772. Selection of clerk of the orphans' court division.
22 (a) General rule.--The clerk of the orphans' court division
23 of each county shall be selected, and may be removed, in the
24 manner provided by the act of July 28, 1953 (P.L.723, No.230),
25 known as the "Second Class County Code," or the act of August 9,
26 1955 (P.L.323, No.130), known as "The County Code," as the case
27 may be. The office shall be combined with another county office
28 when so provided by statute.
29 (b) Philadelphia.--The Register of Wills of Philadelphia
30 shall serve ex officio as Clerk of the Orphans' Court Division
19750S0935B1986 - 127 -
1 of the Court of Common Pleas of Philadelphia County.
2 § 2773. Seal.
3 The clerk of the orphans' court division shall have custody
4 of a counterpart of the seal of the court for which he is the
5 clerk of the orphans' court division.
6 § 2774. Office of the clerk of the orphans' court division.
7 (a) General rule.--There shall be an office of the clerk of
8 the orphans' court division in each county of this Commonwealth,
9 which shall be the office of the clerk of the orphans' court <--
10 division of the county. It shall be supervised by the clerk of
11 the orphans' court division of the county who shall, either
12 personally, by deputy, or by other duly authorized employees or
13 agents of the office, exercise the powers, and perform the
14 duties by law vested in and imposed upon the clerk of the
15 orphans' court division or the office of the clerk of the
16 orphans' court division.
17 (b) Facilities and services.--The office of the clerk of the
18 orphans' court division shall be provided with all necessary
19 accommodations, goods and services pursuant to section 3722
20 (relating to general facilities and services furnished by
21 county).
22 § 2775. Staff.
23 (a) General rule.--The clerk of the orphans' court division,
24 with the consent and approval of the court, may appoint and
25 remove such deputies and other administrative staff of the
26 office as may be necessary.
27 (b) Solicitor.--The clerk of the orphans' court division, <--
28 with the consent and approval of the court, may appoint and
29 remove a solicitor, who shall be a member of the bar of the
30 Supreme Court. The solicitor shall advise upon all legal matters
19750S0935B1986 - 128 -
1 that may be submitted by the clerk of the orphans' court
2 division to him, and shall conduct any litigation when required
3 to do so by the clerk of the orphans' court division.
4 (c) (B) Compensation and duties.--The clerk of the orphans' <--
5 court division, except as otherwise provided by statute or home
6 rule charter or optional plan of government, may fix the
7 compensation and duties of the staff of the office of the clerk
8 of the orphans' court division. Where the compensation of the
9 staff of the office of the clerk of the orphans' court division
10 is fixed by a county salary board, the clerk of the orphans'
11 court division shall be a member of the salary board for such
12 purpose.
13 § 2776. Matters or documents filed in the office of the clerk
14 of the orphans' court division.
15 All matters to be heard or determined in the orphans' court
16 division of a court of common pleas shall be filed in or
17 transferred to the office of the clerk of the orphans' court
18 division.
19 § 2777. Powers and duties of the office of the clerk of the
20 orphans' court division.
21 The office of the clerk of the orphans' court division shall
22 have the power and duty to:
23 (1) Administer oaths and affirmations and take
24 acknowledgments pursuant to section 327 (relating to oaths
25 and acknowledgments), but shall not be compelled to do so in
26 any matter not pertaining to the proper business of the
27 office.
28 (2) Affix and attest the seal of the court to all the
29 process thereof and to the certifications and
30 exemplifications of all documents and records pertaining to
19750S0935B1986 - 129 -
1 the office of the clerk of the orphans' court division and
2 the business of the division.
3 (3) Enter all orders of the court determined in the
4 division.
5 (4) Enter all satisfactions of judgments entered in the
6 office.
7 (5) Exercise the authority of the clerk of the orphans'
8 court division as an officer of the court.
9 (6) Exercise such other powers and perform such other
10 duties as may now or hereafter be vested in or imposed upon
11 the office by law, home rule charter, order or rule of court,
12 or ordinance of a county governed by a home rule charter, or
13 optional plan of government.
14 PART III
15 SELECTION, RETENTION AND REMOVAL OF JUDICIAL OFFICERS
16 Chapter
17 31. Selection and Retention of Judicial Officers
18 33. Discipline, Removal and Retirement of Judicial Officers
19 CHAPTER 31
20 SELECTION AND RETENTION OF JUDICIAL OFFICERS
21 Subchapter
22 A. Qualifications Generally
23 B. Qualifications of Certain Minor Judiciary
24 C. Selection of Judicial Officers
25 D. Tenure and Compensation
26 SUBCHAPTER A
27 QUALIFICATIONS GENERALLY
28 Sec.
29 3101. Qualifications of judicial officers generally.
30 § 3101. Qualifications of judicial officers generally.
19750S0935B1986 - 130 -
1 (a) Judges and district justices.--Judges and district <--
2 justices shall be citizens of this Commonwealth. Judges, except
3 judges of the Pittsburgh Magistrates Court and the Traffic Court
4 of Philadelphia, shall be members of the bar of the Supreme
5 Court. Judges of the Supreme, Superior and Commonwealth Courts,
6 for a period of one year preceding their election or appointment
7 and during their continuance in office, shall reside within this
8 Commonwealth. Other judges and district justices, for a period
9 of one year preceding their election or appointment and during
10 their continuance in office, shall reside within their
11 respective districts, except when temporarily assigned to
12 another district pursuant to law.
13 (b) Appointive judicial officers.--Appointive judicial <--
14 officers shall have such qualifications as may be provided or
15 prescribed by law.
16 SUBCHAPTER B
17 QUALIFICATIONS OF CERTAIN MINOR JUDICIARY
18 Sec.
19 3111. Definitions.
20 3112. Course of instruction and examination required.
21 3113. Content of course of instruction and examination.
22 3114. Admission of interested persons.
23 3115. Certification of successful completion of course.
24 3116. Effect of failure to obtain certificate.
25 3117. Expenses.
26 3118. Rules and regulations.
27 § 3111. Definitions.
28 The following words and phrases when used in this subchapter
29 shall have, unless the context clearly indicates otherwise, the
30 meanings given to them in this section:
19750S0935B1986 - 131 -
1 "Board." The board existing under Subchapter D of Chapter 21
2 (relating to Minor Judiciary Education Board).
3 "Department." The Department of Education. <--
4 "Judge." A judge of the Pittsburgh Magistrates Court or the
5 Traffic Court of Philadelphia.
6 § 3112. Course of instruction and examination required.
7 District justices and judges who are not members of the bar
8 of the Supreme Court shall complete a course of training and
9 instruction in the duties of their respective offices and pass
10 an examination prior to assuming office.
11 § 3113. Content of course of instruction and examination.
12 (a) General rule.--The board shall prescribe and approve the
13 subject matter and the examination for the course of training
14 and instruction required by this subchapter. The department <--
15 shall ADMINISTRATIVE OFFICE SHALL, subject to the direction of <--
16 the board, administer the course of training and instruction and
17 conduct the examination. The department ADMINISTRATIVE OFFICE <--
18 shall conduct the course and examination at such times, at such
19 places and in such manner as the regulations of the board may
20 prescribe. The board shall make the course of instruction
21 available at such times so as to insure that any district
22 justice or judge elected or appointed may qualify to assume
23 office as soon as possible.
24 (b) Content of course.--The course of training and
25 instruction shall not exceed four weeks in duration and shall
26 consist of a minimum of 40 hours of class instruction in civil
27 and criminal law, including evidence and procedure, in the case
28 of all such officials except judges of the Traffic Court of
29 Philadelphia, in which case it shall consist of a minimum of 20
30 hours of class instruction in summary proceedings and laws
19750S0935B1986 - 132 -
1 relating to motor vehicles. Where it is economically unfeasible
2 to conduct a class, the department ADMINISTRATIVE OFFICE shall <--
3 provide equivalent instruction by correspondence.
4 § 3114. Admission of interested persons.
5 In addition to those required by this subchapter to complete
6 the course of training and instruction and successfully pass an
7 examination prior to assuming office, any interested person may
8 apply to the department ADMINISTRATIVE OFFICE to be enrolled in <--
9 the course of instruction and take the examination. Any such
10 interested person who successfully completes the course and
11 passes the examination, and who subsequently is elected or
12 appointed to the office of district justice or judge may secure
13 a certificate from the department ADMINISTRATIVE OFFICE as <--
14 provided in section 3115 (relating to certification of
15 successful completion of course) without again taking the course
16 of training and instruction and passing the examination required
17 by this subchapter.
18 § 3115. Certification of successful completion of course.
19 Upon the successful completion of the course of training and
20 instruction and examination, the department ADMINISTRATIVE <--
21 OFFICE shall issue to a person elected or appointed as a
22 district justice or judge a certificate in the form prescribed
23 by the board, certifying that such person is qualified to
24 perform his duties as required by the Constitution of
25 Pennsylvania. Such certificate shall be filed in the office of
26 the clerk of the court of common pleas of the judicial district
27 embracing the district to be served by the district justice or
28 judge.
29 § 3116. Effect of failure to obtain certificate.
30 In the event that any district justice or judge fails to file
19750S0935B1986 - 133 -
1 the certificate provided for by section 3115 (relating to
2 certification of successful completion of course) in the manner
3 therein provided within nine months after his election or
4 appointment, his office shall become vacant, and such vacancy
5 shall be filled as provided in this chapter.
6 § 3117. Expenses.
7 (a) District justices and judges.--The course of training
8 and instruction required of district justices and judges by this
9 subchapter shall be provided at the expense of the Commonwealth.
10 Any person elected or appointed to the office of district
11 justice or judge shall receive such per diem and expenses for
12 each day of actual attendance at class instruction as shall be
13 fixed by the governing authority IN THE MANNER PROVIDED BY <--
14 SECTION 503(B) (RELATING TO PROCEDURES). Until such person has
15 successfully completed the course of training and instruction
16 and passed the examination, he shall not receive any salary from
17 the Commonwealth.
18 (b) Other persons.--Any other person who, within two years
19 of the date of his successful completion of the examination, is
20 elected or appointed to the office of district justice or judge,
21 shall be reimbursed for his expenses as though he had been
22 eligible to receive such expenses at the time he was enrolled in
23 the course of training and instruction.
24 § 3118. Rules and regulations.
25 The department ADMINISTRATIVE OFFICE shall have the power to <--
26 promulgate, with the approval of the board, such rules and
27 regulations as are necessary to carry out its duties under this
28 subchapter.
29 SUBCHAPTER C
30 SELECTION OF JUDICIAL OFFICERS
19750S0935B1986 - 134 -
1 Sec.
2 3131. Selection of judicial officers for regular terms.
3 3132. Vacancies in office.
4 3133. Commonwealth Court judges.
5 3134. Community Court judges.
6 3135. Increase in number of judges.
7 § 3131. Selection of judicial officers for regular terms.
8 (a) Judges and district justices generally.--Except as
9 provided in subsection (d) judges and district justices shall be
10 elected for a regular term of office at the municipal election
11 next preceding the commencement of their respective regular
12 terms of office by the electors of this Commonwealth or the
13 respective districts in which they are to serve.
14 (b) Retention election.--Any of the following MAY FILE A <--
15 DECLARATION FOR CANDIDACY FOR RETENTION ELECTION WITH THE
16 SECRETARY OF THE COMMONWEALTH ON OR BEFORE THE FIRST MONDAY OF
17 JANUARY OF THE YEAR PRECEDING THE YEAR IN WHICH HIS TERM OF
18 OFFICE EXPIRES:
19 (1) a person elected to the Philadelphia Municipal Court
20 pursuant to this section, or corresponding provisions of
21 prior law, who becomes a judge of the Community Court of
22 Philadelphia County pursuant to section 3321(b)(1) (relating
23 to establishment of community courts);
24 (2) a person elected to the Community Court of
25 Philadelphia County pursuant to this section who becomes a
26 judge of the Philadelphia Municipal Court pursuant to section
27 3322(b) (relating to discontinuance of community courts); or
28 (3) a person appointed to the Commonwealth Court
29 pursuant to the former provisions of section 3(a) of the act
30 of January 6, 1970 (P.L.434, No.185), known as "The
19750S0935B1986 - 135 -
1 Commonwealth Court Act."
2 may file a declaration for candidacy for retention election with <--
3 the Secretary of the Commonwealth on or before the first Monday
4 of January of the year preceding the year in which his term of
5 office expires. If no declaration if filed, a vacancy shall
6 exist upon the expiration of the term of office of such judge,
7 to be filled by election under subsection (c). If a judge files
8 a declaration, his name shall be submitted to the electors
9 without party designation, as a separate judicial question or in
10 a separate column or line on voting machines, at the municipal
11 election immediately preceding the expiration of the term of
12 office of the judge, to determine only the question whether he
13 shall be retained in office. If a majority is against retention,
14 a vacancy shall exist upon the expiration of his term of office,
15 to be filled by appointment under section 3132(a) (relating to
16 vacancies in office). If a majority favors retention, the judge
17 shall serve for a regular term of office provided for in section
18 3152 (relating to tenure of judicial officers), unless sooner
19 removed or retired. At the expiration of such regular term such
20 judge shall be eligible for retention as provided in section
21 3153 (relating to retention elections), subject only to the
22 retirement provisions of this part. Section 3133 (relating to
23 Commonwealth Court judges) shall not be applicable to an
24 election conducted pursuant to this subsection.
25 (c) Other elections.--Except as provided in subsection (b)
26 judges and district justices shall be elected as provided in the
27 act of June 3, 1937 (P.L.1333, No.320), known as the
28 "Pennsylvania Election Code."
29 (d) Pittsburgh Magistrates Court.--The judges of the
30 Pittsburgh Magistrates Court shall be appointed by the Mayor of
19750S0935B1986 - 136 -
1 the City of Pittsburgh with the advice and consent of the
2 Council of the City of Pittsburgh. All of such judges shall not
3 be of the same political party.
4 (e) Appointive judicial officers.--Subject to any
5 inconsistent general rules or other inconsistent provisions of
6 law, appointive judicial officers shall be appointed and their
7 duties shall be fixed by the court in which they are to serve.
8 § 3132. Vacancies in office.
9 (a) General rule.--Except as provided in subsection (b), a
10 vacancy in the office of judge or district justice shall be
11 filled by appointment by the Governor. The appointment shall be
12 with the advice and consent of two-thirds of the members elected
13 to the Senate, except in the case of district justices which
14 shall be by a majority. The person so appointed shall serve for
15 an initial term ending on the first Monday of January following
16 the next municipal election more than ten months after the
17 vacancy occurs.
18 (b) Pittsburgh Magistrates Court.--A vacancy in the office
19 of judge of the Pittsburgh Magistrates Court shall be filled as
20 provided in section 3131(d) (relating to Pittsburgh Magistrates
21 Court).
22 (c) Retention vacancies.--The provisions of subsection (a)
23 shall not apply either in the case of a vacancy to be filled by
24 retention election as provided in section 3131(b) (relating to
25 retention election) or section 3153 (relating to retention
26 elections) or in case of a vacancy created by failure of a judge
27 to file a declaration for retention election as provided in
28 section 3131(b) or section 3153.
29 (d) Vacancies following initial term.--In case of a vacancy
30 occurring at the expiration of an appointive term under
19750S0935B1986 - 137 -
1 subsection (a), the vacancy shall be filled by election as
2 provided in section 3131 (relating to selection of judicial
3 officers for regular terms).
4 § 3133. Commonwealth Court judges.
5 Whenever two or more judges of the Commonwealth Court are to
6 be elected pursuant to section 3131(c) (relating to selection of
7 judicial officers for regular terms) at the same election, each
8 qualified elector shall vote for no more than:
9 (1) one-half of the number of judges to be elected, if
10 the total number to be elected is even; or
11 (2) the smallest number constituting a majority of the
12 total number of judges to be elected, if the total number to
13 be elected is odd.
14 The persons having the highest number of votes, up to the total
15 number of judges to be elected, shall be elected.
16 § 3134. Community Court judges.
17 If the electors approve the establishment of a community
18 court at the primary election in a municipal election year, the
19 first judges of the court shall be elected at that municipal
20 election. The nominees for election shall be determined in the
21 same manner as is then provided for by law in the case of
22 substitution of nominees where a nominee for a judge of the
23 court of common pleas has died subsequent to a primary election.
24 If the electors approve the establishment of a community court
25 at the primary election in a general election year, the first
26 judges of the court shall be nominated at the primary election
27 preceding the next following municipal election and shall be
28 elected at such municipal election.
29 § 3135. Increase in number of judges.
30 Whenever the number of judges of a court is increased by
19750S0935B1986 - 138 -
1 statute, unless otherwise expressly provided by statute, the
2 additional judicial positions thereby created shall be deemed to
3 be vacancies occurring on the effective date of the statute, and
4 shall be filled in the manner and for the initial term provided
5 in this chapter for other vacancies on such court.
6 SUBCHAPTER D
7 TENURE AND COMPENSATION
8 Sec.
9 3151. Oath of office.
10 3152. Tenure of judicial officers.
11 3153. Retention elections.
12 3154. Compensation of judicial officers.
13 § 3151. Oath of office.
14 Each judicial officer shall, before entering on the duties of
15 his office, take and subscribe the following oath or affirmation
16 before a person authorized to administer oaths:
17 "I do solemnly swear (or affirm) that I will support,
18 obey and defend the Constitution of the United States and the
19 Constitution of this Commonwealth and that I will discharge
20 the duties of my office with fidelity."
21 Any person refusing to take the oath or affirmation shall
22 forfeit his office. A judicial officer shall be sworn upon his
23 appointment or election, and after each retention election, and
24 thereafter need not be sworn in any matter referred to him.
25 § 3152. Tenure of judicial officers.
26 (a) Judges and district justices.--The regular term of
27 office of judges and district justices shall be as follows:
28 (1) Judges of the Philadelphia Municipal Court and the
29 Traffic Court of Philadelphia--Six years.
30 (2) Judges of the Pittsburgh Magistrates Court--For the <--
19750S0935B1986 - 139 -
1 term of the mayor appointing them, but subject to removal by
2 him, and until a successor shall be appointed and confirmed.
3 FOUR YEARS. <--
4 (3) All other judges--Ten years.
5 (4) District justices--Six years.
6 (b) Effect of changes.--The tenure of any judge shall not be
7 affected by changes in judicial districts or by reduction in the
8 number of judges. Where a multi-county judicial district is
9 divided by statute into two or more districts or where a county
10 is transferred by statute from one judicial district to another,
11 a judge shall continue to be or shall become a judge of that
12 judicial district which embraces the county of his residence at
13 the effective date of the change.
14 (c) Appointive judicial officers.--Except as otherwise
15 provided or prescribed by law, appointive judicial officers
16 shall hold office at the pleasure of the appointing authority.
17 § 3153. Retention elections.
18 (a) General rule.--A judge elected under section 3131
19 (relating to selection of judicial officers for regular terms)
20 or retained under this section may file a declaration of
21 candidacy for retention election with the Secretary of the
22 Commonwealth on or before the first Monday of January of the
23 year preceding the year in which his term of office expires. If
24 no declaration is filed, a vacancy shall exist upon the
25 expiration of the term of office of such judge, to be filled by
26 election under section 3131(c).
27 (b) Judicial ballot.--If a judge files a declaration, his
28 name shall be submitted to the electors without party
29 designation, as a separate judicial question or in a separate
30 column or line on voting machines, at the municipal election
19750S0935B1986 - 140 -
1 immediately preceding the expiration of the term of office of
2 the judge, to determine only the question whether he shall be
3 retained in office.
4 (c) Results of election.--If a majority is against
5 retention, a vacancy shall exist upon the expiration of his term
6 of office, to be filled by appointment under section 3132(a)
7 (relating to vacancies in office). If a majority favors
8 retention, the judge shall serve for the regular term of office
9 provided for in section 3152 (relating to tenure of judicial
10 officers), unless sooner removed or retired. At the expiration
11 of each term a judge shall be eligible for retention as provided
12 in this section, subject only to the retirement provisions of
13 this part.
14 § 3154. Compensation of judicial officers.
15 (a) Judges and district justices.--Judges and district
16 justices shall be compensated in the amount fixed by or pursuant
17 to statute out of funds appropriated to the unified judicial
18 system. Their compensation shall not be diminished during their
19 terms of office, unless by law applying generally to all
20 salaried officers of the Commonwealth.
21 (b) Appointive judicial officers.--Except as otherwise
22 expressly provided by statute:
23 (1) The compensation of appointive judicial officers
24 whose compensation has heretofore by law been fixed by the
25 county salary board, by the county staff or by other
26 officers, other than judges, elected by the electorate of a
27 county, shall continue to be fixed in the same manner and by
28 the same authority.
29 (2) The compensation of all other appointive judicial
30 officers shall, except as otherwise prescribed by the
19750S0935B1986 - 141 -
1 governing authority, be fixed by the appointing authority.
2 CHAPTER 33
3 DISCIPLINE, REMOVAL AND RETIREMENT OF JUDICIAL OFFICERS
4 Subchapter
5 A. Standards of Conduct
6 B. Establishment and Discontinuance of Courts
7 C. Discipline and Removal by Judicial Inquiry and Review
8 Board
9 D. Retirement
10 SUBCHAPTER A
11 STANDARDS OF CONDUCT
12 Sec.
13 3301. Constitutional restrictions.
14 3302. Additional restrictions.
15 3303. Additional compensation prohibited.
16 3304. Acting as collection agent or paid arbitrator prohibited.
17 3305. Automatic removal upon conviction or disbarment.
18 3306. Automatic removal upon nonjudicial candidacy.
19 3307. Automatic suspension of judicial officer under
20 impeachment.
21 § 3301. Constitutional restrictions.
22 Judges shall devote full time to their judicial duties, and
23 shall not engage in the practice of law, hold office in a
24 political party or political organization, or hold an office or
25 position of profit in the government of the United States, the
26 Commonwealth or any municipal corporation or political
27 subdivision thereof, except in the armed service of the United
28 States or the Commonwealth.
29 § 3302. Additional restrictions.
30 Judges shall not engage in any activity prohibited by this
19750S0935B1986 - 142 -
1 subchapter or any other provision of law and shall not violate
2 any canon of ethics prescribed by general rule. District
3 justices and appointive judicial officers shall be governed by
4 rules or canons prescribed by general rule.
5 § 3303. Additional compensation prohibited.
6 No judicial officer shall be paid or accept for the
7 performance of any judicial duty or for any service connected
8 with his office, any fee, emolument or perquisite other than the
9 salary and expenses provided or prescribed by law.
10 § 3304. Acting as collection agent or paid arbitrator
11 prohibited.
12 (a) Collection agent.--No judge or district justice shall
13 act as agent for a person in the collection of a claim or
14 judgment for money.
15 (b) Arbitrator.--No judge or district justice shall receive
16 any fee or emolument for performing the duties of an arbitrator.
17 § 3305. Automatic removal upon conviction or disbarment.
18 A judge or district justice convicted of misbehavior in
19 office by a court, disbarred as a member of the bar of the
20 Supreme Court or removed under Subchapter C (relating to
21 discipline and removal by Judicial Inquiry and Review Board)
22 shall forfeit automatically his judicial office and thereafter
23 be ineligible for judicial office.
24 § 3306. Automatic removal upon nonjudicial candidacy.
25 A judge who shall file for nomination for or election to any
26 public office other than a judicial office shall forfeit
27 automatically his judicial office.
28 § 3307. Automatic suspension of judicial officer under
29 impeachment.
30 No judge or district justice against whom impeachment
19750S0935B1986 - 143 -
1 proceedings are pending in the Senate shall exercise any of the
2 duties of his office until he shall have been acquitted.
3 SUBCHAPTER B
4 ESTABLISHMENT AND DISCONTINUANCE OF COURTS
5 Sec.
6 3321. Establishment of community courts.
7 3322. Discontinuance of community courts.
8 § 3321. Establishment of community courts.
9 (a) General rule.--In a judicial district which establishes
10 a community court, a person serving as a district justice at
11 such time:
12 (1) may complete his term exercising the jurisdiction
13 provided or prescribed by law and with the compensation
14 provided by or pursuant to statute; and
15 (2) upon completion of his term, his office is abolished
16 and no judicial function of the kind theretofore exercised by
17 a district justice shall thereafter be exercised other than
18 by the community court.
19 (b) Philadelphia.--If a community court is established in
20 the City and County of Philadelphia:
21 (1) The judges of the Philadelphia Municipal Court shall
22 become judges of the Community Court of Philadelphia County
23 and their tenure shall not be otherwise affected.
24 (2) The office of judge of the Traffic Court of
25 Philadelphia is abolished effective upon the establishment of
26 the community court.
27 (3) No jurisdiction of the kind theretofore exercised
28 exclusively by the municipal and traffic courts shall
29 thereafter be exercised other than by the community court.
30 § 3322. Discontinuance of community courts.
19750S0935B1986 - 144 -
1 (a) General rule.--In a judicial district which discontinues
2 a community court, a person serving as a judge of the community
3 court at such time:
4 (1) may complete his term exercising the jurisdiction
5 provided or prescribed by law and with the compensation
6 provided by or pursuant to statute; and
7 (2) upon completion of his term, his office is abolished
8 and no judicial function of the kind theretofore exercised by
9 the community court shall thereafter be exercised other than
10 by the court of common pleas and the district justices of the
11 judicial district.
12 (b) Philadelphia.--If the Community Court of Philadelphia
13 County is discontinued the judges of that court shall become
14 judges of the Philadelphia Municipal Court and their tenure
15 shall not be otherwise affected.
16 SUBCHAPTER C
17 DISCIPLINE AND REMOVAL BY
18 JUDICIAL INQUIRY AND REVIEW BOARD
19 Sec.
20 3331. Power of discipline or removal.
21 3332. Investigation and hearing.
22 3333. Recommendation to and action by Supreme Court.
23 3334. Proceedings confidential.
24 § 3331. Power of discipline or removal.
25 (a) Judges.--Under the procedure provided in this
26 subchapter, any judge may be suspended, removed from office or
27 otherwise disciplined for violation of Subchapter A (relating to
28 standards of conduct), misconduct in office, neglect of duty,
29 failure to perform his duties, or conduct which prejudices the
30 proper administration of justice or brings the judicial office
19750S0935B1986 - 145 -
1 into disrepute and may be retired for disability seriously
2 interfering with the performance of his duties.
3 (b) District justices.--The suspension, removal, discipline
4 and compulsory retirement of district justices shall be governed
5 by general rule.
6 § 3332. Investigation and hearing.
7 (a) Investigation.--The Judicial Inquiry and Review Board
8 shall keep informed as to matters relating to grounds for
9 suspension, removal, discipline, or compulsory retirement of
10 judges. It shall receive complaints or reports, formal or
11 informal, from any source pertaining to such matters, and shall
12 make such preliminary investigations as it deems necessary.
13 (b) Hearing.--The board, after such investigation, may order
14 a hearing concerning the suspension, removal, discipline or
15 compulsory retirement of a judge. The orders of the board for
16 attendance of or testimony by witnesses or for the production of
17 documents at any hearing or investigation shall be enforceable
18 by contempt proceedings.
19 (c) Privilege.--The filing of papers with and the giving of
20 testimony before the board shall be privileged.
21 § 3333. Recommendation to and action by Supreme Court.
22 (a) Recommendation by board.--If, after hearing, the
23 Judicial Inquiry and Review Board finds good cause therefor, it
24 shall recommend to the Supreme Court the suspension, removal,
25 discipline or compulsory retirement of the judge.
26 (b) Action by Supreme Court.--The Supreme Court shall review
27 the record of the proceedings of the board on the law and facts
28 and may permit the introduction of additional evidence. It shall
29 order suspension, removal, discipline or compulsory retirement,
30 or wholly reject the recommendation, as it finds just and
19750S0935B1986 - 146 -
1 proper. Upon an order for compulsory retirement, the judge shall
2 be retired with the same rights and privileges as if he were
3 retired under Subchapter D of this chapter (relating to
4 retirement).
5 (c) Effect of order.--Upon an order for suspension or
6 removal, the judge shall be suspended or removed from office,
7 and his salary shall cease from the date of such order.
8 § 3334. Proceedings confidential.
9 All papers filed with and proceedings before the Judicial
10 Inquiry and Review Board shall be confidential but upon being
11 filed by the board in the Supreme Court, the record shall lose
12 its confidential character.
13 SUBCHAPTER D
14 RETIREMENT
15 Sec.
16 3351. Automatic retirement on age.
17 3352. Pension rights.
18 § 3351. Automatic retirement on age.
19 Judges and district justices shall be retired upon attaining
20 the age of 70 years.
21 § 3352. Pension rights.
22 (a) General rule.--Former and retired judges and district
23 justices shall receive such compensation as shall be provided by
24 or pursuant to statute. No compensation shall be paid to any
25 judge or district justice who is suspended or removed from
26 office under Subchapter C (relating to discipline and removal by
27 Judicial Inquiry and Review Board) or under Article VI of the
28 Constitution of Pennsylvania.
29 (b) Definition.--As used in this section "former" means a
30 judge or district justice serving by appointment or election who
19750S0935B1986 - 147 -
1 vacates his office upon the expiration of his term or who
2 resigns his office.
3 PART IV
4 FINANCIAL MATTERS
5 Chapter
6 35. Budget and Finance
7 37. Facilities and Supplies
8 CHAPTER 35
9 BUDGET AND FINANCE
10 Subchapter
11 A. General Provisions
12 B. Judicial Department Budget and Finance
13 C. County Finance
14 D. Money Paid into Court
15 SUBCHAPTER A
16 GENERAL PROVISIONS
17 Sec.
18 3501. Definitions.
19 3502. Financial regulations.
20 3503. Penalties.
21 § 3501. Definitions.
22 Subject to additional definitions contained in subsequent
23 provisions of this part which are applicable to specific
24 provisions of this part, the following words and phrases, when
25 used in this part shall have, unless the context clearly
26 indicates otherwise, the meanings given to them in this section:
27 "Appropriated through the budget of the judicial department <--
28 JUDICIAL DEPARTMENT to a political subdivision." Implies an <--
29 appropriation AN APPROPRIATION THROUGH THE BUDGET OF THE <--
30 JUDICIAL DEPARTMENT direct from the General Fund to the treasury
19750S0935B1986 - 148 -
1 of a political subdivision under circumstances where, except as
2 provided by section 3726 (relating to manner of expenditure of
3 local funds), the manner of the expenditure of the appropriation
4 is within the control of officers of the political subdivision
5 and the judges of the courts established for or embracing such
6 political subdivision.
7 "Appropriated to the unified judicial system." Implies an AN <--
8 appropriation to the judicial department JUDICIAL DEPARTMENT <--
9 other than one appropriated through the budget of the judicial <--
10 department JUDICIAL DEPARTMENT to a political subdivision. <--
11 "Budget respondent." The courts, district justices, other
12 agencies or units of the unified judicial system, the Director
13 of Finance of the City of Philadelphia, the county controllers
14 or county auditors of other counties of this Commonwealth, the
15 Treasurer of the City of Pittsburgh, and any other government
16 unit from which the Administrative Office is authorized to
17 obtain information relating to the budget of the Judicial
18 Department.
19 "Judicial and correctional RELATED functions." All of the <--
20 following functions:
21 (1) Organization and operation of courts and district
22 justices and all offices of system and related personnel.
23 (2) Organization and operation of penal, correctional
24 and probation facilities and services.
25 The term does not include any function relating to the detection
26 of crime, the apprehension of persons suspected of criminal
27 conduct (except in connection with the enforcement of bench
28 warrants, injunctions or other judicial orders in specific
29 matters), the maintenance of public peace or other police
30 functions.
19750S0935B1986 - 149 -
1 § 3502. Financial regulations.
2 (a) General rule.--The governing authority may promulgate
3 regulations relating to forms and accounting methods to be
4 utilized in connection with funds appropriated to the unified
5 judicial system and all fees, costs, grants, moneys paid into
6 court and all other unappropriated funds handled by system and
7 related personnel other than county staff, defining for such
8 accounting purposes terms not otherwise defined in this title,
9 specifying the time and manner of making remittances and
10 disbursements of moneys by system and related personnel other
11 than county staff, and fixing bonding requirements of system and
12 related personnel other than county staff.
13 (b) County staff.--The Department of Community Affairs, with
14 the approval of the governing authority, may promulgate
15 regulations relating to forms and accounting methods to be
16 utilized in connection with the judicial and correctional <--
17 RELATED accounts to be maintained pursuant to this part, <--
18 defining for accounting purposes terms not otherwise defined,
19 used in this part in connection with judicial and correctional <--
20 RELATED accounts, specifying the time and manner of making <--
21 remittances and disbursements of moneys under this part by
22 county staff and fixing bonding requirements of county staff
23 handling moneys which are subject to this part.
24 § 3503. Penalties.
25 Any person who fails to remit any fines, penalties,
26 forfeitures, fees, cash or other moneys received by him within
27 the time and in the manner specified by regulations promulgated
28 pursuant to section 3502 (relating to financial regulations) or
29 any person who wilfully violates any such regulations commits a
30 misdemeanor of the third degree.
19750S0935B1986 - 150 -
1 SUBCHAPTER B
2 JUDICIAL DEPARTMENT BUDGET AND FINANCE
3 Sec.
4 3521. Development of budget information.
5 3522. Preparation of tentative budget request.
6 3523. Adoption of final budget request.
7 3524. Form of Judicial Department appropriation.
8 3525. List of employees to be furnished.
9 3526. Release of funds.
10 3527. Estimates of current expenditures by Administrative
11 Office.
12 3528. Fiscal period.
13 3529. Audits of affairs of unified judicial system.
14 3530. Preparation of requisitions.
15 § 3521. Development of budget information.
16 (a) General rule.--The Administrative Office shall annually
17 obtain and prepare information for the preparation of a budget
18 for the Judicial Department within such time as to comply with
19 the requirements of section 601 of the act of April 9, 1929
20 (P.L.177, No.175), known as "The Administrative Code of 1929."
21 The Administrative Office shall distribute to the courts,
22 district justices, other agencies or units of the unified
23 judicial system, the Director of Finance of the City and County
24 of Philadelphia, the county controllers and county auditors of
25 other counties of this Commonwealth, and the Treasurer of the
26 City of Pittsburgh the proper blanks necessary for the
27 preparation of the budget estimates, with a request that such
28 blanks be returned with the information desired, not later than
29 a date specified by the Administrative Office. Such blanks shall
30 be in such form as shall be prescribed by the Administrative
19750S0935B1986 - 151 -
1 Office to procure, as to judicial and correctional functions, <--
2 FUNCTIONS TO BE FUNDED IN WHOLE OR IN PART THROUGH <--
3 APPROPRIATIONS THROUGH THE BUDGET OF THE JUDICIAL DEPARTMENT,
4 any or all information pertaining to the revenues and
5 expenditures for the preceding fiscal years, and for the current
6 fiscal year, the previous appropriations made by the General
7 Assembly, the expenditures therefrom, encumbrances thereon, the
8 amount unencumbered and unexpended, an itemized estimate of the
9 revenues and expenditures of the current fiscal year, and for
10 the succeeding year, and an estimate of the revenues and amounts
11 needed for judicial and correctional SUCH functions. Such blanks <--
12 shall also request the budget respondent to accompany them with
13 a statement in writing, giving the facts, and an explanation of
14 and reasons for the estimates of receipts and expenditures for
15 the succeeding year contained upon the blanks returned.
16 (b) Duty to respond.--It shall be the duty of each budget
17 respondent to comply, not later than the date specified by the
18 Administrative Office, with any and all requests made by the
19 Administrative Office in connection with the budget.
20 (c) Additional information.--The Administrative Office may,
21 under the direction of the governing authority, make further
22 inquiries and investigations as to the financial needs,
23 expenditures, estimates, or revenues, of any recipient of funds
24 appropriated to the unified judicial system or through the
25 budget of the Judicial Department to a political subdivision,
26 INCLUDING SUCH INFORMATION RELATING TO JUDICIAL AND RELATED <--
27 FUNCTIONS AS THE ADMINISTRATIVE OFFICE MAY SPECIFY.
28 § 3522. Preparation of tentative budget request.
29 (a) General rule.--The Administrative Office shall collate
30 and examine all information received pursuant to section 3521 <--
19750S0935B1986 - 152 -
1 3521(A) (relating to development of budget information), shall <--
2 consult with the governing authority and the Budget Secretary,
3 and shall prepare and submit to the governing authority for
4 review and approval a tentative budget request for the Judicial
5 Department covering all funds appropriated to the unified
6 judicial system or through the budget of the Judicial Department
7 to a political subdivision. for the support of judicial and <--
8 correctional functions.
9 (b) Revision of information.--The tentative budget request
10 submitted by the Administrative Office may increase or decrease
11 any amount submitted pursuant to section 3521 3521(A). In such <--
12 case the amount of such increase or decrease and the reasons
13 therefor shall be specified in detail in a written report of the
14 Administrative Office which shall be presented to the governing
15 authority with the tentative budget and which shall be furnished
16 to each affected budget respondent.
17 § 3523. Adoption of final budget request.
18 (a) General rule.--The governing authority shall review the
19 tentative budget request submitted by the Administrative Office
20 pursuant to section 3522 (relating to preparation of tentative
21 budget request). After giving opportunity for hearing to each
22 budget respondent whose estimate submitted pursuant to section
23 3521 3521(A) (relating to development of budget information) <--
24 would be altered by the final budget request of the Judicial
25 Department, the governing authority shall make such
26 modifications in the tentative budget request of the Judicial
27 Department as in its judgment are necessary or desirable, and
28 shall adopt a final budget request of the Judicial Department
29 for transmission to the Budget Secretary.
30 (b) Transmission to Budget Secretary.--Following adoption of
19750S0935B1986 - 153 -
1 a final budget request by the governing authority, the
2 Administrative Office shall transmit such request to the Budget
3 Secretary within the time and in the manner required by section
4 601 of the act of April 9, 1929 (P.L.177, No.175), known as "The
5 Administrative Code of 1929."
6 § 3524. Form of Judicial Department appropriation.
7 The budget request of the Judicial Department shall be
8 prepared in a manner comparable to the request of an
9 administrative department. The appropriations as finally enacted <--
10 shall not be so detailed as to limit unreasonably the ability of
11 the governing authority to reprogram funds during a fiscal year
12 to meet unanticipated expenses or developments.
13 § 3525. List of employees to be furnished.
14 (a) General rule.--The Administrative Office shall, on June
15 15 of each year, transmit to the Department of the Auditor
16 General, the Treasury Department, and the Budget Secretary a
17 complete list, as of June 1 preceding, of the names of all
18 persons, except day-laborers, entitled to receive compensation
19 directly from the Commonwealth from funds appropriated to the
20 unified judicial system. Such list shall show the position
21 occupied by each such person, the date of birth and voting
22 residence of such person, the salary at which or other basis
23 upon which such person is entitled to be paid, the date when
24 such person entered the service of the Commonwealth, whether
25 such person has been continuously employed by the Commonwealth
26 since that date and all periods of service and positions held as
27 an employee of the Commonwealth, or such part of such
28 information as the Governor may prescribe.
29 (b) Interim changes.--Each month thereafter, the
30 Administrative Office shall certify to the Department of the
19750S0935B1986 - 154 -
1 Auditor General, the Treasury Department, and the Budget
2 Secretary any changes in the annual list of employees last
3 transmitted to them which shall have occurred during the
4 preceding month.
5 (c) Public information.--The information received by the
6 Department of the Auditor General, the Treasury Department, and
7 the Budget Secretary under this section shall be public
8 information.
9 § 3526. Release of funds.
10 (a) General rule.--Each recipient of funds appropriated to
11 the unified judicial system shall, from time to time, as
12 requested by the Administrative Office, prepare and submit to
13 the Administrative Office, for approval or disapproval by the
14 governing authority, an estimate of the amount of money required
15 for each activity or function to be carried on by such recipient
16 during the ensuing month, quarter, or such other period as the
17 governing authority shall prescribe. If such estimate does not
18 meet with the approval of the governing authority, it shall be
19 revised in accordance with the directions of the governing
20 authority and resubmitted for approval.
21 (b) Observance of approved estimate.--After the approval of
22 any such estimate, it shall be unlawful for the recipient of
23 funds appropriated to the unified judicial system to expend any
24 appropriation or part thereof, except in accordance with such
25 estimate, unless the estimate is revised with the approval of
26 the governing authority.
27 (c) Penalty.--If any recipient to which subsections (a) and
28 (b) apply shall fail or refuse to submit to the Administrative
29 Office estimates of expenditures as required by this section,
30 the governing authority may order the Administrative Office to
19750S0935B1986 - 155 -
1 withhold disbursement of any funds appropriated to the unified
2 judicial system for such recipient, and thereupon the
3 Administrative Office shall withhold disbursement of any such
4 funds until further order of the governing authority.
5 § 3527. Estimates of current expenditures by Administrative
6 Office.
7 The Administrative Office shall, from time to time, as
8 requested by the Governor, prepare and submit to the Governor
9 estimates of the amounts of money required for each activity or
10 function to be carried on by the unified judicial system during
11 the ensuing month, quarter, or such other period as the Governor
12 shall prescribe.
13 § 3528. Fiscal period.
14 All books and accounts kept by the Administrative Office and
15 other personnel of the system shall be kept as of the fiscal
16 year or period established by section 608 of the act of April 9,
17 1929 (P.L.177, No.175), known as "The Administrative Code of
18 1929."
19 § 3529. Audits of affairs of unified judicial system.
20 (a) General rule.--It shall be the duty of the judicial
21 auditing agency to retain a certified public accountant to make
22 all audits of transactions after their occurrence which may be
23 necessary in connection with the administration of the financial
24 affairs of the unified judicial system or of any judicial or <--
25 correctional functions of a political subdivision funded in
26 whole or in part through the budget of the Judicial Department.
27 At least one such audit shall be made each year and special
28 audits may be made whenever they appear necessary in the
29 judgment of the judicial auditing agency.
30 (b) Governmental audits.--Where the transactions specified
19750S0935B1986 - 156 -
1 in subsection (a) are audited by the Department of the Auditor
2 General or by an official of a political subdivision charged
3 with auditing responsibility, the judicial auditing agency shall
4 accept a report thereof in lieu of the audit required by
5 subsection (a) unless in the judgment of the judicial auditing
6 agency the circumstances warrant an additional audit by a
7 certified public accountant retained by the auditing agency.
8 (c) Scope.--Subsections (a) and (b) shall apply to fees,
9 costs, grants, moneys paid into court and all other
10 unappropriated funds handled by system and related personnel and
11 to all funds appropriated to the Judicial Department.
12 (d) Definition.--As used in this section the term "judicial
13 auditing agency" means a body established or designated by the
14 governing authority as the judicial auditing agency for the
15 purposes of this section. The judicial auditing agency shall
16 include:
17 (1) A judge of the Superior Court selected by the
18 Superior Court.
19 (2) A judge of the Commonwealth Court selected by the
20 Commonwealth Court.
21 (3) The President Judge of the Court of Common Pleas of
22 Philadelphia County.
23 (4) The President Judge of the Court of Common Pleas of
24 Allegheny County.
25 § 3530. Preparation of requisitions.
26 The Administrative Office shall prepare, or cause to be
27 prepared by an officer of the interested government unit
28 designated by the Administrative Office, requisitions for moneys
29 appropriated to the unified judicial system or appropriated
30 through the budget of the Judicial Department to a political
19750S0935B1986 - 157 -
1 subdivision, and shall present such requisitions to the Treasury
2 Department pursuant to section 1501 of the act of April 9, 1929
3 (P.L.343, No.176), known as "The Fiscal Code."
4 SUBCHAPTER C
5 COUNTY FINANCE
6 Sec.
7 3541. Judicial and correctional RELATED account. <--
8 3542. Credits to account. RECEIPTS. <--
9 3543. Debits CREDITS to account. <--
10 3544. (Reserved). DISBURSEMENTS. <--
11 3545. (Reserved). DEBITS TO ACCOUNT. <--
12 3546. Relief from liability for loss of property if expenses
13 not paid.
14 § 3541. Judicial and correctional RELATED account. <--
15 The Treasurer of the City and County of Philadelphia, the
16 treasurer of each other county of this Commonwealth, and the
17 Treasurer of the City of Pittsburgh shall establish and maintain
18 on the books of their respective political subdivisions an
19 account to be known as the judicial and correctional RELATED <--
20 account. The account shall exist for accounting purposes only
21 and nothing in this part shall require the actual segregation of
22 the moneys of the account from the general funds of the
23 political subdivision.
24 § 3542. Credits to account. RECEIPTS. <--
25 (a) General rule.--There shall be paid to the respective
26 political subdivisions required by this subchapter to maintain a
27 judicial and correctional account and credited to such RELATED <--
28 account all:
29 (1) Contributions and payments by the Federal Government <--
30 for the maintenance of judicial and correctional functions of
19750S0935B1986 - 158 -
1 the political subdivision.
2 (2) Appropriations by the General Assembly through the
3 budget of the Judicial Department or otherwise for the
4 maintenance of judicial and correctional functions of the
5 political subdivision.
6 (3) (1) Fees established under section 1725 (relating to
7 establishment of fees and charges) to which a government
8 agency is entitled and which by law have heretofore been paid
9 or credited to such political subdivision.
10 (4) (2) Costs which the political subdivision is <--
11 entitled to receive pursuant to general rules prescribed
12 under section 1726 (relating to establishment of taxable
13 costs).
14 (5) (3) Fines and forfeitures as follows: <--
15 (i) All fines forfeited, recognizances and other
16 forfeitures imposed, lost or forfeited in the Pittsburgh
17 Magistrates Court or the Pittsburgh Traffic Court shall
18 be paid to the City of Pittsburgh. and credited to its <--
19 judicial and correctional account.
20 (ii) All fines forfeited, recognizances and other
21 forfeitures imposed, lost or forfeited for violation of
22 any ordinance of any political subdivision, or which
23 under 18 Pa.C.S. § 1101(b) (relating to disposition of
24 fines) or under the act of April 29, 1959 (P.L.58,
25 No.32), known as "The Vehicle Code," OR UNDER ANY OTHER <--
26 STATUTE, are to be paid to any specified political
27 subdivision, shall be paid to such political subdivision.
28 and, if such political subdivision. is required by this <--
29 subchapter to maintain a judicial and correctional
30 account, shall be credited to such account.
19750S0935B1986 - 159 -
1 (iii) All other fines forfeited, recognizances and
2 other forfeitures imposed, lost or forfeited in the
3 courts of common pleas, community court or Philadelphia
4 Municipal Court established for a judicial district
5 embracing a county or in a magisterial district within
6 the county, shall be paid to such county. and credited to <--
7 its judicial and correctional account.
8 (6) Amounts required by statute to be paid to a
9 political subdivision for credit to its judicial and
10 correctional account.
11 (7) Amounts arising from the activities of the unified
12 judicial system or the judicial branch required by statute to
13 be paid to the political subdivision.
14 (8) Income and receipts with respect to the organization
15 and operation of penal, correctional and probation facilities
16 and services maintained by the political subdivision.
17 (4) OTHER AMOUNTS REQUIRED BY STATUTE TO BE PAID TO A <--
18 POLITICAL SUBDIVISION.
19 (b) Allocation in multi-county districts.--In judicial
20 districts embracing two or more counties the fines, forfeitures,
21 fees and costs collected with respect to the court of common
22 pleas or community court of the judicial district WHICH CANNOT <--
23 BE IDENTIFIED WITH RESPECT TO A PARTICULAR COUNTY shall be paid
24 over to each county according to an allocation based on
25 population in the ratio which the population of each of the
26 several counties comprising the judicial district bears to the
27 total population of the judicial district as last officially
28 certified.
29 (c) Fines in the nature of private compensation.--The
30 provisions of subsection (a) shall not affect the disposition of
19750S0935B1986 - 160 -
1 fines authorized by law to effect restitution, for the support
2 of legal dependents, or otherwise for purposes not augmenting
3 the public revenues.
4 § 3543. CREDITS TO ACCOUNT. <--
5 EACH POLITICAL SUBDIVISION REQUIRED BY THIS SUBCHAPTER TO
6 MAINTAIN A JUDICIAL AND RELATED ACCOUNT SHALL CREDIT TO SUCH
7 ACCOUNT:
8 (1) CONTRIBUTIONS AND PAYMENTS BY THE FEDERAL GOVERNMENT
9 FOR THE MAINTENANCE OF JUDICIAL AND RELATED FUNCTIONS OF THE
10 POLITICAL SUBDIVISIONS.
11 (2) APPROPRIATIONS BY THE GENERAL ASSEMBLY TO THE
12 POLITICAL SUBDIVISION FOR THE MAINTENANCE OF JUDICIAL AND
13 RELATED FUNCTIONS OF THE POLITICAL SUBDIVISION.
14 (3) AMOUNTS RECEIVED PURSUANT TO SECTION 3542 (RELATING
15 TO RECEIPTS).
16 (4) INCOME AND RECEIPTS WITH RESPECT TO THE OPERATION OF
17 PENAL, CORRECTIONAL AND PROBATION FACILITIES AND SERVICES
18 MAINTAINED BY THE POLITICAL SUBDIVISION.
19 § 3543. Debits to account. <--
20 § 3544. DISBURSEMENTS. <--
21 (a) General rule.--There shall be paid by the respective
22 political subdivisions required by this subchapter to maintain a
23 judicial and correctional account and debited to such RELATED <--
24 account:
25 (1) Salaries, fees and expenses of system and related
26 personnel which by statute are required to be paid by the
27 political subdivision.
28 (2) Salaries, fees and expenses of jurors, witnesses and
29 all other persons paid under authority of law by the
30 political subdivision for the maintenance of judicial and
19750S0935B1986 - 161 -
1 correctional RELATED functions. <--
2 (3) Any amounts required by statute to be paid from any <--
3 of the sources of income specified in section 3542 (relating
4 to credits to account).
5 (4) (3) Any amounts required by statute to be paid to
6 the Commonwealth from any of the sources of income specified
7 in section 3542 (relating to credits to account). RECEIPTS). <--
8 (b) Accommodations.--Expenses under this section include the <--
9 cost of leased accommodations and the fair rental value of
10 accommodations provided in facilities owned by the political
11 subdivision.
12 (c) (B) Allocation in multi-county districts.--In judicial <--
13 districts embracing two or more counties, the expenses of the
14 court of common pleas and the community court of the judicial
15 district, and the salary, fees and expenses of the staff of such
16 courts, except county staff, shall be paid by each county
17 according to an allocation based on population in the ratio
18 which the population of each of the several counties comprising
19 the judicial district bears to the total population of the
20 judicial district as last officially certified.
21 § 3544. (Reserved). <--
22 § 3545. (Reserved).
23 § 3545. DEBITS TO ACCOUNT. <--
24 (A) GENERAL RULE.--EACH POLITICAL SUBDIVISION REQUIRED BY
25 THIS SUBCHAPTER TO MAINTAIN A JUDICIAL AND RELATED ACCOUNT SHALL
26 DEBIT TO SUCH ACCOUNT:
27 (1) AMOUNTS PAID PURSUANT TO SECTION 3544 (RELATING TO
28 DISBURSEMENTS).
29 (2) ANY AMOUNTS REQUIRED BY STATUTE TO BE PAID FROM ANY
30 OF THE SOURCES OF INCOME SPECIFIED IN SECTION 3543 (RELATING
19750S0935B1986 - 162 -
1 TO CREDITS TO ACCOUNT).
2 (B) ACCOMMODATIONS.--EXPENSES UNDER THIS SECTION INCLUDE THE
3 COSTS OF LEASED ACCOMMODATIONS AND THE FAIR RENTAL VALUE OF
4 ACCOMMODATIONS PROVIDED IN FACILITIES OWNED BY THE POLITICAL
5 SUBDIVISION.
6 § 3546. Relief from liability for loss of property if expenses
7 not paid.
8 Any officer enforcing orders of a tribunal shall be relieved
9 from any liability for the loss, destruction, removal of or
10 damage to any personal property, or for any injury to any real
11 property, levied upon, seized or taken into possession by virtue
12 of any process if the person lodging such process with him shall
13 refuse to advance or secure upon demand the reasonable fees and
14 expenses incident to the seizure, safe keeping and proper
15 protection of such property.
16 SUBCHAPTER D
17 MONEY PAID INTO COURT
18 Sec.
19 3561. Money paid into court.
20 § 3561. Money paid into court.
21 All money paid into court shall be held in the custody of
22 such officer, shall be invested in such manner, and shall be
23 withdrawn from deposit, as shall be provided by general rules.
24 CHAPTER 37
25 FACILITIES AND SUPPLIES
26 Subchapter
27 A. Statewide Facilities and Services
28 B. District and County Facilities and Services
29 SUBCHAPTER A
30 STATEWIDE FACILITIES AND SERVICES
19750S0935B1986 - 163 -
1 Sec.
2 3701. Pennsylvania Judicial Center (RESERVED). <--
3 3702. General facilities and services furnished by
4 Administrative Office.
5 3703. Local chamber facilities.
6 3704. Local facilities for holding sessions of Statewide
7 courts.
8 § 3701. Pennsylvania Judicial Center (RESERVED). <--
9 (a) General rule.--There may be maintained by the <--
10 Administrative Office acting through the Department of General
11 Services at such location within this Commonwealth as may be
12 specified by the Supreme Court, a facility known as the
13 Pennsylvania Judicial Center. The facility may provide
14 accommodations and supporting central facilities and services
15 for the following functions, agencies and units of or related to
16 the unified judicial system:
17 (1) One or more court rooms for the holding of sessions
18 of the appellate courts of this Commonwealth including
19 related conference facilities.
20 (2) Chamber facilities for justices of the Supreme Court
21 and their personal staffs.
22 (3) Chamber facilities for those judges of the Superior
23 and Commonwealth Courts who regularly sit at the location of
24 the facility and their personal staffs.
25 (4) Any staff of the any Statewide council.
26 (5) The Administrative Office of Pennsylvania Courts.
27 (6) A law library.
28 (7) The administrative staffs of the appellate courts of
29 this Commonwealth.
30 (8) The office of the Judicial Inquiry and Review Board.
19750S0935B1986 - 164 -
1 (9) The office of the Minor Judiciary Education Board.
2 (10) The office of the agency vested with the power to
3 admit persons to the bar and the practice of law.
4 (11) The office of the agency vested with the power to
5 discipline or remove from office attorneys-at-law.
6 (12) The offices of related organizations (except the
7 recognized conference or association of members of the bar of
8 the Supreme Court) recognized pursuant to section 1728
9 (relating to recognition of related organizations).
10 (13) Such other functions, agencies and units of the
11 system as may be designated by the governing authority.
12 (b) New construction limited.--No funds appropriated to the
13 Judicial Department or to any other government unit from the
14 General Fund and no proceeds of indebtedness incurred shall be
15 used for the construction of any building to provide
16 accommodations for the Pennsylvania Judicial Center unless the
17 appropriation act containing such funds or a capital budget act
18 shall expressly mention the Pennsylvania Judicial Center and the
19 proposed location of the building and shall expressly state that
20 funds are appropriated for, or that indebtedness may be incurred
21 for, such purpose. Nothing in this subsection shall prohibit the
22 use of funds for the rental of accommodations for the
23 Pennsylvania Judicial Center.
24 § 3702. General facilities and services furnished by
25 Administrative Office.
26 The Administrative Office, either directly or where
27 appropriate IN THE CASE OF EQUIPMENT, MATERIALS AND SUPPLIES, <--
28 through the Department of General Services, shall furnish all
29 personnel of the system entitled thereto with all necessary
30 accommodations, goods and services which are not furnished by
19750S0935B1986 - 165 -
1 another government unit. NOTHING IN THIS SECTION SHALL BE <--
2 CONSTRUED TO SHIFT THE LIABILITY FOR FURNISHING ANY
3 ACCOMMODATIONS, GOODS AND SERVICES TO THE COMMONWEALTH AND WHERE
4 IT IS NECESSARY FOR THE ADMINISTRATIVE OFFICE TO FURNISH ANY
5 ACCOMMODATIONS, GOODS OR SERVICES FOR WHICH THE COMMONWEALTH IS
6 NOT LIABLE THE COST THEREOF SHALL BE PAID BY THE DEFAULTING
7 GOVERNMENT UNIT.
8 § 3703. Local chamber facilities.
9 (a) General rule.--Each county shall furnish for each judge
10 of the appellate courts of this Commonwealth who resides therein
11 chamber facilities in conformity with general rules for such
12 judge and his personal staff:
13 (1) in the county judicial center of such county; or
14 (2) if no such accommodations are available in the
15 county judicial center, like accommodations in such building
16 as may be selected by the county with the approval of the
17 judge concerned.
18 (b) Exception.--Subsection (a) shall not apply to any county
19 in which the Pennsylvania Judicial Center may be located.
20 § 3704. Local facilities for holding sessions of Statewide
21 courts.
22 (a) General rule.--The City and County of Philadelphia and
23 the County of Allegheny shall furnish the personnel of the
24 appellate courts of this Commonwealth with such accommodations
25 and facilities as may be required by order of the governing
26 authority.
27 (b) Exception.--Subsection (a) shall not apply to any county
28 in which the Pennsylvania Judicial Center may be located.
29 SUBCHAPTER B
30 DISTRICT AND COUNTY FACILITIES AND SERVICES
19750S0935B1986 - 166 -
1 Sec.
2 3721. County judicial center.
3 3722. General facilities and services furnished by county.
4 3723. Other facilities and services furnished by Administrative
5 Office.
6 3724. County law libraries.
7 3725. Standards of local facilities and services.
8 3726. Manner of expenditure of local funds.
9 § 3721. County judicial center.
10 (a) General rule.--There shall be maintained at the county
11 seat of each county a facility known as the county judicial
12 center. The facility shall provide accommodations and supporting
13 facilities and services for the following functions, agencies
14 and units of or related to the unified judicial system in
15 conformity with general rules:
16 (1) One or more courtrooms for the holding of sessions
17 of the court of common pleas of the district, including
18 related conference and other facilities.
19 (2) Chamber facilities for judges of the court of common
20 pleas and their personal staff.
21 (3) The office of the clerk of the court of common pleas
22 of the district and the administrative staff of the court,
23 including the offices of the prothonotary, clerk of the
24 courts and clerk of the orphans' court division.
25 (4) The district court administrator.
26 (5) The county law library.
27 (6) The offices of jury commissioners, register of
28 wills, sheriff, district attorney and public defender.
29 (7) The offices of the bar association of the county.
30 (8) In the City and County of Philadelphia, courtrooms,
19750S0935B1986 - 167 -
1 related conference and other facilities and chamber
2 facilities for the minor judiciary.
3 (9) Such other functions, agencies and units of or
4 related to the unified judicial system as may be designated
5 by the governing authority.
6 (b) Multisite locations.--The facilities of the county
7 judicial center may be located either at a common site or at
8 multiple sites, as required by local circumstances and
9 conditions.
10 § 3722. General facilities and services furnished by county.
11 Except as otherwise provided by statute, each county shall
12 continue to furnish to the court of common pleas and community
13 court embracing the county, to the minor judiciary established
14 for the county and to all personnel of the system, including
15 central staff entitled thereto, located within the county, all
16 necessary accommodations, goods and services which by law have
17 heretofore been furnished by the county.
18 § 3723. Other facilities and services furnished by
19 Administrative Office.
20 The Administrative Office, either directly or where
21 appropriate IN THE CASE OF EQUIPMENT, MATERIALS AND SUPPLIES, <--
22 through the Department of General Services, shall furnish all
23 personnel of the system entitled thereto located within a
24 county, with all necessary accommodations, goods and services
25 which are not by section 3722 (relating to general facilities
26 and services furnished by county) or any other provision of
27 statute required to be OR WHICH HAVE HERETOFORE BEEN furnished <--
28 by another government unit.
29 § 3724. County law libraries.
30 (a) General rule.--County law libraries, including libraries <--
19750S0935B1986 - 168 -
1 maintained by bar associations or independent library
2 corporations, or both, shall receive from the county such
3 necessary funds, accommodations, goods and services, as shall be
4 specified by general rules or orders adopted by the governing
5 authority after consideration of the recommendations from time
6 to time of the State Law Library. ANY SUCH GENERAL RULES OR <--
7 ORDERS SHALL TAKE EFFECT ONLY IN THE MANNER PROVIDED BY SECTION
8 503(B) (RELATING TO PROCEDURE). All such county law libraries
9 shall be operated in conformity with general rules or rules of
10 the court of common pleas of the judicial district embracing the
11 county AND SHALL BE OPEN TO THE GENERAL PUBLIC. <--
12 (b) Judicial Department supplementary funding.--The <--
13 governing authority may make grants for the support of county
14 law libraries from funds appropriated to the unified judicial
15 system.
16 § 3725. Standards of local facilities and services.
17 All accommodations, goods and services furnished to personnel
18 of the system by a county or any other government agency shall
19 be furnished in conformity with general rules.
20 § 3726. Manner of expenditure of local funds.
21 Notwithstanding any other provision of this title, unless and
22 until otherwise provided by statute hereafter enacted or by <--
23 express order of the Supreme Court pursuant to and subject to
24 the limitations of constitutional authority, the manner of the
25 expenditure of moneys credited to the judicial and correctional <--
26 RELATED account of a political subdivision, including moneys <--
27 appropriated through the budget of the Judicial Department to a
28 political subdivision, shall be within the control of officers
29 of the political subdivision and the courts established for or
30 embracing such political subdivision.
19750S0935B1986 - 169 -
1 PART V
2 ADMINISTRATION OF JUSTICE GENERALLY
3 Chapter
4 41. Administration of Justice
5 43. Dockets, Indices and Other Records
6 45. Juries and Jurors
7 CHAPTER 41
8 ADMINISTRATION OF JUSTICE
9 Subchapter
10 A. General Provisions
11 B. Temporary Assignment of Judges and District Justices
12 C. Contempt of Court
13 SUBCHAPTER A
14 GENERAL PROVISIONS
15 Sec.
16 4101. Coordination of activities.
17 4102. Cooperative duties. <--
18 § 4101. Coordination of activities.
19 The several courts and district justices, all other system
20 and related personnel, executive agencies and political
21 subdivisions shall devise a practical and working basis for
22 cooperation and coordination of activities, facilitating the
23 performance of their respective duties and eliminating
24 duplicating and overlapping of functions, and shall, so far as
25 practical, cooperate with each other in the use of employees,
26 land, buildings, quarters, facilities, services and equipment.
27 Any agency or unit of the unified judicial system may empower or
28 require an employee of any other government unit, subject to the
29 consent of such other government unit, to perform any duty which
30 might be required by such agency or unit of the system of its
19750S0935B1986 - 170 -
1 own employees, and any other government unit may empower or
2 require an employee of any agency or unit of the system, subject
3 to the consent of such agency or unit of the system, to perform
4 any duty which might be required by such other government unit
5 of its own employees.
6 § 4102. Cooperative duties. <--
7 (a) General rule.--Whenever in this title power is vested in
8 any agency or unit of the unified judicial system, or in any
9 other government unit, to inspect, examine, secure data or
10 information, or to procure assistance from any other government
11 unit, a duty is hereby imposed upon the government unit upon
12 which demand is made, to render such power effective.
13 (b) Exception.--The provisions of subsection (a) shall not
14 be construed to supersede any law which renders confidential any
15 class of data or information relating to juvenile, adoption,
16 domestic relations or other matters.
17 SUBCHAPTER B
18 TEMPORARY ASSIGNMENT OF JUDGES AND DISTRICT JUSTICES
19 Sec.
20 4121. Assignment of judges.
21 4122. Assignment of district justices.
22 4123. Assignment procedure.
23 § 4121. Assignment of judges.
24 (a) General rule.--Subject to general rules any judge may be
25 temporarily assigned to another court and may there hear and
26 determine any matter with like effect as if duly commissioned to
27 sit in such other court.
28 (b) Senior judges.--(Reserved)
29 (c) Exception.--Only a judge who is a member of the bar of
30 the Supreme Court shall be temporarily assigned to a court to
19750S0935B1986 - 171 -
1 which only members of the bar of the Supreme Court may be
2 appointed or elected pursuant to section 3101 (relating to
3 qualifications of judicial officers generally). A judge of the
4 Pittsburgh Magistrates Court or the Traffic Court of
5 Philadelphia may be temporarily assigned to a magisterial
6 district with the same effect as an assignment pursuant to
7 section 4122 (relating to assignment of district justices).
8 § 4122. Assignment of district justices.
9 Subject to general rules any district justice may be
10 temporarily assigned to any other magisterial district or the
11 Pittsburgh Magistrates Court or the Traffic Court of
12 Philadelphia, and may there hear and determine any matter with
13 like effect as if duly commissioned to sit in such other
14 district or in such court.
15 § 4123. Assignment procedure.
16 The procedure for effecting temporary assignments of judges
17 and district justices, the kind, amount and method of payment
18 for travel, lodgings and subsistence, and all other matters
19 related to such temporary assignments, shall be governed by
20 general rules.
21 SUBCHAPTER C
22 CONTEMPT OF COURT
23 Sec.
24 4131. Classification of penal contempts.
25 4132. Punishment for contempt.
26 4133. Imprisonment for failure to pay fine.
27 4134. Publication out of court.
28 4135. Criminal contempt.
29 § 4131. Classification of penal contempts.
30 The power of the several courts of this Commonwealth to issue
19750S0935B1986 - 172 -
1 attachments and to inflict summary punishments for contempts of
2 court shall be restricted to the following cases:
3 (1) The official misconduct of the officers of such
4 courts respectively.
5 (2) Disobedience or neglect by officers, parties, jurors
6 or witnesses of or to the lawful process of the court.
7 (3) The misbehavior of any person in the presence of the
8 court, thereby obstructing the administration of justice.
9 § 4132. Punishment for contempt.
10 The punishment of imprisonment for contempt as provided in
11 section 4131 (relating to classification of penal contempts)
12 shall extend only to such contempts as shall be committed in
13 open court, and all other contempts shall be punished by fine
14 only.
15 § 4133. Imprisonment for failure to pay fine.
16 The court may order the sheriff or other proper officer of
17 any county to take into custody and commit to jail any person
18 fined for a contempt, until such fine shall be paid or
19 discharged. If such person shall be unable to pay such fine, he
20 may be committed to prison by the court for not exceeding three
21 months.
22 § 4134. Publication out of court.
23 (a) General rule.--No publication out of court respecting
24 the conduct of judges, district justices, other system or
25 related personnel, jurors or participants in connection with any
26 matter pending before any tribunal shall be construed as a
27 contempt of court on the part of the author, publisher or other
28 person connected with such publication.
29 (b) Civil and criminal liability not affected.--If any
30 publication specified in subsection (a) shall improperly tend to
19750S0935B1986 - 173 -
1 bias the minds of the public, or of the tribunal, other system
2 or related personnel, jurors or participants in connection with
3 any matter pending before any tribunal, any person who may be
4 aggrieved thereby may proceed against the persons responsible
5 for the publication by appropriate civil or criminal action or
6 proceeding as in other cases of wrongful publication.
7 § 4135. Criminal contempt.
8 (a) General rule.--In all cases where a person shall be
9 charged with indirect criminal contempt for violation of a
10 restraining order or injunction issued by a court or judge, the
11 accused shall enjoy:
12 (1) The rights as to admission to bail that are accorded
13 to persons accused of crime.
14 (2) The right to be notified of the accusation and a
15 reasonable time to make a defense, provided the alleged
16 contempt is not committed in the immediate view or presence
17 of the court.
18 (3) (i) Upon demand, the right to a speedy and public
19 trial by an impartial jury of the judicial district
20 wherein the contempt shall have been committed.
21 (ii) The requirement of subparagraph (i) shall not
22 be construed to apply to contempts committed in the
23 presence of the court or so near thereto as to interfere
24 directly with the administration of justice, or to apply
25 to the misbehavior, misconduct, or disobedience of any
26 officer of the court in respect to the writs, orders, or
27 process of the court.
28 (4) The right to file with the court a demand for the
29 retirement of the judge sitting in the proceeding, if the
30 contempt arises from an attack upon the character or conduct
19750S0935B1986 - 174 -
1 of such judge, and if the attack occurred otherwise than in
2 open court. Upon the filing of any such demand, the judge
3 shall thereupon proceed no further but another judge shall be
4 designated by the court. The demand shall be filed prior to
5 the hearing in the contempt proceeding.
6 (b) Punishment.--Punishment for a contempt specified in
7 subsection (a) may be by fine not exceeding $100 or by
8 imprisonment not exceeding 15 days in the jail of the county
9 where the court is sitting, or both, in the discretion of the
10 court. Where a person is committed to jail for the nonpayment of
11 such a fine, he shall be discharged at the expiration of 15
12 days, but where he is also committed for a definite time, the 15
13 days shall be computed from the expiration of the definite time.
14 CHAPTER 43
15 DOCKETS, INDICES AND OTHER RECORDS
16 Subchapter
17 A. Establishment, Maintenance and Effect of Judicial
18 Records
19 B. Disposition of Obsolete Records
20 SUBCHAPTER A
21 ESTABLISHMENT, MAINTENANCE AND EFFECT OF JUDICIAL RECORDS
22 Sec.
23 4301. Establishment and maintenance of judicial records.
24 4302. Effect of records as notice.
25 4303. Effect of judgment as lien.
26 4304. Notice of Federal pending actions (Reserved).
27 4305. Federal judgments.
28 4306. Enforcement of foreign judgments.
29 § 4301. Establishment and maintenance of judicial records.
30 (a) General rule.--All system and related personnel shall
19750S0935B1986 - 175 -
1 establish and maintain such records as shall be required by law.
2 (b) Supervision by Administrative Office.--All system and
3 related personnel engaged in clerical functions shall establish
4 and maintain all dockets, indices and other records and make and
5 file such entries and reports, at such times, in such manner and
6 pursuant to such procedures and standards as may be prescribed
7 by the Administrative Office of Pennsylvania Courts with the
8 approval of the governing authority. All such procedures and
9 standards shall be uniform to the maximum extent practicable so
10 as to facilitate the temporary assignment of personnel of the
11 system, other than county staff, within the unified judicial
12 system.
13 § 4302. Effect of records as notice.
14 (a) Real property.--Except as otherwise provided by law,
15 every document affecting title to or any other interest in real
16 property situated in any county which is filed in the office of
17 the clerk of the court of common pleas of the county, or in the
18 office of the clerk of the branch of the court of common pleas
19 embracing such county in the manner required by the laws,
20 procedures or standards in effect at the date of such filing
21 shall be constructive notice to all persons of the filing and
22 full contents of such document.
23 (b) Other documents.--Documents relating to the pendency of
24 a matter before any court and any other documents filed in the <--
25 office of the clerk of any court or other office within or
26 related to and serving the unified judicial system shall be
27 constructive notice to such persons, of such information and for
28 such duration as may be provided or prescribed by law. STATUTE <--
29 OR BY GENERAL RULE ADOPTED PURSUANT TO SECTION 1722(B) (RELATING
30 TO ENFORCEMENT AND EFFECT OF ORDERS AND PROCESS).
19750S0935B1986 - 176 -
1 § 4303. Effect of judgment as lien.
2 (a) General rule.--Any judgment or other order of a court of
3 common pleas for the payment of money shall be a lien upon real
4 property situated in a county on the conditions, to the extent
5 and with the priority provided or prescribed by law STATUTE OR <--
6 BY GENERAL RULE ADOPTED PURSUANT TO SECTION 1722(B) when it is
7 entered of record in the office of the clerk of the court of
8 common pleas of the county, or in the office of the clerk of the
9 branch of the court of common pleas embracing such county. Any
10 other order of a court of common pleas shall be a lien upon real
11 and personal property situated within any county embraced within
12 the judicial district on the conditions, to the extent and with
13 the priority provided or prescribed by law. STATUTE OR GENERAL <--
14 RULE ADOPTED PURSUANT TO SECTION 1722(B) (RELATING TO
15 ENFORCEMENT AND EFFECT OF ORDERS AND PROCESS).
16 (b) Transfer of domestic judgments.--An order of any court
17 of this Commonwealth which is a lien on property situated within
18 any county of this Commonwealth pursuant to subsection (a) shall
19 be a lien upon property situated within any other county to the
20 same extent as if resulting from an order of the court of common
21 pleas of such other county upon compliance with such transfer
22 and filing procedures as may be prescribed by general rule.
23 § 4304. Notice of Federal pending actions. (Reserved)
24 § 4305. Federal judgments.
25 (a) General rule.--Except as provided in subsection (b) <--
26 every EVERY judgment of a United States district court within <--
27 this Commonwealth shall, as provided by 28 United States Code §
28 1962 (relating to lien) be a lien on the property located within
29 this Commonwealth in the same manner, to the same extent and
30 under the same conditions as a judgment of a court of common
19750S0935B1986 - 177 -
1 pleas of this Commonwealth and shall cease to be a lien in the
2 same manner and time.
3 (b) Exception.--The judgment of a United States district <--
4 court shall be a lien upon property located within any county of
5 this Commonwealth embraced within the district for which such
6 court is established without further recording, filing or
7 docketing in any public office of this Commonwealth.
8 (c) (B) Authorization for filing of Federal judgments <--
9 entered in other districts.--Any judgment of a United States
10 district court established for a district embracing counties of
11 this Commonwealth other than the county in which the property is
12 located may be registered, recorded, filed, docketed, indexed or
13 otherwise conformed to the rules and requirements relating to
14 judgments of the courts of common pleas.
15 § 4306. Enforcement of foreign judgments.
16 (a) Short title of section.--This section shall be known and
17 may be cited as the "Uniform Enforcement of Foreign Judgments
18 Act."
19 (b) Filing and status of foreign judgments.--A copy of any
20 foreign judgment including the docket entries incidental thereto
21 authenticated in accordance with act of Congress or this title
22 may be filed in the office of the clerk of any court of common
23 pleas of this Commonwealth. The clerk shall treat the foreign
24 judgment in the same manner as a judgment of any court of common
25 pleas of this Commonwealth. A judgment so filed shall be a lien
26 as of the date of filing and shall have the same effect and be
27 subject to the same procedures, defenses and proceedings for
28 reopening, vacating, or staying as a judgment of any court of
29 common pleas of this Commonwealth and may be enforced or
30 satisfied in like manner.
19750S0935B1986 - 178 -
1 (c) Notice of filing.--
2 (1) At the time of the filing of the foreign judgment,
3 the judgment creditor or his attorney shall make and file
4 with the office of the clerk of the court of common pleas an
5 affidavit setting forth the name and last known post office
6 address of the judgment debtor, and the judgment creditor. In
7 addition, such affidavit shall include a statement that the
8 foreign judgment is valid, enforceable and unsatisfied.
9 (2) Promptly upon the filing of the foreign judgment and
10 the affidavit, the clerk shall mail notice of the filing of
11 the foreign judgment to the judgment debtor at the address
12 given and shall make a note of the mailing in the docket. The
13 notice shall include the name and post office address of the
14 judgment creditor and the attorney for the judgment creditor,
15 if any, in this Commonwealth. In addition, the judgment
16 creditor may mail a notice of the filing of the judgment to
17 the judgment debtor and may file proof of mailing with the
18 clerk. Lack of mailing notice of filing by the clerk shall
19 not affect the enforcement proceedings if proof of mailing by
20 the judgment creditor has been filed.
21 (d) Stay.--
22 (1) If the judgment debtor shows the court of common
23 pleas that an appeal from the foreign judgment is pending or
24 will be taken, or that a stay of execution has been granted,
25 the court shall stay enforcement of the foreign judgment
26 until the appeal is concluded, the time for appeal expires,
27 or the stay of execution expires or is vacated, upon proof
28 that the judgment debtor has furnished the security for the
29 satisfaction of the judgment required by the State in which
30 it was rendered.
19750S0935B1986 - 179 -
1 (2) If the judgment debtor shows the court of common
2 pleas any ground upon which enforcement of a judgment of any
3 court of common pleas of this Commonwealth would be stayed,
4 the court shall stay enforcement of the foreign judgment for
5 an appropriate period, upon requiring the same security for
6 satisfaction of the judgment which is required in this
7 Commonwealth.
8 (e) Optional procedure.--The right of a judgment creditor to
9 bring an action to enforce his judgment instead of proceeding
10 under this section remains unimpaired.
11 (f) Definition.--As used in this section "foreign judgment"
12 means any judgment, decree, or order of a court of the United
13 States or of any other court requiring the payment of money
14 which is entitled to full faith and credit in this Commonwealth.
15 SUBCHAPTER B
16 DISPOSITION OF OBSOLETE RECORDS
17 Sec.
18 4321. Record retention schedules.
19 4322. Destruction and disposition of obsolete records.
20 4323. Form of permanent recordation.
21 4324. Copies of destroyed records.
22 4325. Duplicate permanent records.
23 4326. Original records meriting special care.
24 4327. Transfer of custody to local museum upon application.
25 § 4321. Record retention schedules.
26 (a) General rule.--The governing authority, after
27 consultation with the County Records Committee, shall by general
28 rule prescribe schedules setting forth the conditions under
29 which the records provided for in Subchapter A (relating to
30 establishment, maintenance and effect of judicial records) may
19750S0935B1986 - 180 -
1 be disposed of, either with or without the establishment of a
2 permanent copy thereof.
3 (b) Requirements for schedules.--Such schedules shall
4 distinguish clearly between records of temporary value and
5 records of permanent value, and no schedule shall be prescribed
6 or revised which will permit the destruction of records of
7 permanent value unless a permanent copy thereof is required to
8 be maintained as provided in this subchapter. Such schedules in
9 so far as they affect the records maintained by related staff,
10 shall be consistent with the schedules prescribed by the County
11 Records Committee.
12 § 4322. Destruction and disposition of obsolete records.
13 (a) General rule.--Any person required to maintain records
14 pursuant to Subchapter A (relating to establishment, maintenance
15 and effect of judicial records) may destroy such records in
16 conformity with this subchapter and the general rules prescribed
17 hereunder. No such person shall be held liable on his official
18 bond, or in the way of damages for loss, or in any other manner,
19 civil or criminal, because of the destruction of records as
20 authorized pursuant to this subchapter.
21 (b) Historical documents.--Any original records which are of
22 historical value as may be determined by the City Archivist in
23 the case of City and County of Philadelphia, or by the
24 Pennsylvania Historical and Museum Commission, in the case of
25 any other county, shall be transferred to the Pennsylvania
26 Historical and Museum Commission or to such other depositories
27 as may be designated by the commission.
28 § 4323. Form of permanent recordation.
29 Records which are classified as records of permanent value
30 shall, prior to destruction or other removal from the office of
19750S0935B1986 - 181 -
1 the person having custody thereof, be processed in conformity
2 with general rules so that they may be reproduced by any
3 photostatic, photographic, microphotographic, microfilm, video
4 tape, magnetic tape, or other mechanical process which produces
5 a clear, accurate and permanent copy, microcopy or reproduction
6 of the original, in accordance with standards not less than
7 those approved for permanent records by the National Bureau of
8 Standards.
9 § 4324. Copies of destroyed records.
10 The photostatic, photographic, microphotographic, microfilmed
11 or otherwise reproduced copy of any record destroyed or disposed
12 of as authorized pursuant to this subchapter, or a certified
13 copy thereof, shall be admissible in evidence in any matter, and
14 shall have the same force and effect as though the original
15 record had been produced and proved. It shall be the duty of the
16 person who would have had custody of the original record, had it
17 not been destroyed pursuant to law, to prepare enlarged, typed
18 or photographic copies of such reproduced records whenever their
19 production is required.
20 § 4325. Duplicate permanent records.
21 In order to provide insurance for the more actively used
22 working copies against damage or loss through wear or disaster,
23 duplicate copies of all permanent records designated by the
24 Administrative Office shall be maintained at such locations as
25 shall be approved by the Administrative Office. Such
26 designations in so far as they relate to the records maintained
27 by related staff, shall be subject to the approval of the County
28 Records Committee.
29 § 4326. Original records meriting special care.
30 If, in the opinion of the person having custody of an
19750S0935B1986 - 182 -
1 original record, such original possesses sufficient value that
2 it merits special care, he shall make a permanent copy of the
3 record, which shall be officially certified and placed on file
4 in lieu of the original record, and, with the approval of the
5 Administrative Office, he shall transfer the original to the
6 custody of such officer as shall be designated by the
7 Administrative Office for permanent preservation.
8 § 4327. Transfer of custody to local museum upon application.
9 (a) General rule.--Any nonprofit public, quasi-public, or
10 private association or corporation situated within the county
11 where the historical documents are filed, which maintains a
12 museum, building or facilities used for the exhibit of
13 historical writings, and which shall have adequate facilities
14 for the display and preservation of such documents, may petition
15 the court of common pleas of the judicial district embracing the
16 county wherein such document or documents are filed for the
17 transfer of the custody of such documents for the purpose of
18 their public display. Upon the filing of any petition, the court
19 shall fix a time for a hearing, and prescribe such notice to be
20 given as shall acquaint similar organizations with the filing of
21 the petition. Any other association or corporation meeting the
22 requirements of this subsection may intervene in the proceedings
23 with the same effect as if it had been the original petitioner,
24 and the court, after hearing, may award custody of any
25 historical document or documents to any of the petitioners for
26 such term and upon such conditions as the court shall prescribe.
27 (b) Permanent copy substituted for original.--Upon the
28 granting of a petition transferring custody of any historical
29 documents, the officer from whose custody it was removed shall
30 substitute in his files a certified permanent copy of such
19750S0935B1986 - 183 -
1 document, which shall be of the same force and effect as the
2 original document.
3 (c) Petition for return of document.--The appropriate county
4 officer may at any time, without cause, petition the court for
5 the return of any historical document, the custody of which had
6 been previously transferred to any person pursuant to subsection
7 (a).
8 (d) Order for return on motion of court.--The court, after
9 having taken jurisdiction of the transfer of any historical
10 document, may, without cause, and upon its own motion, order the
11 person having such temporary custody to return such document to
12 the appropriate office wherein it had been originally filed.
13 (e) Definition.--As used in this section "historical
14 document" means any document formerly belonging to a decedent or
15 any other person, which document is more than 50 years old and
16 which is in the custody of a register of wills, the recorder of
17 deeds, the clerk of any court or the prothonotary, except
18 documents relating to adoption, divorce or custody.
19 CHAPTER 45
20 JURIES AND JURORS
21 (Reserved)
22 PART VI
23 ACTIONS, [AND] PROCEEDINGS AND OTHER MATTERS GENERALLY
24 Chapter
25 51. Preliminary Provisions
26 53. Bases of Jurisdiction and Interstate and International
27 Procedure
28 55. Limitation of Time
29 57. Bonds and Recognizances
30 59. Depositions and Witnesses
19750S0935B1986 - 184 -
1 61. Rules of Evidence
2 63. Juvenile Matters
3 65. Habeas Corpus
4 67. Support Proceedings
5 CHAPTER 51
6 PRELIMINARY PROVISIONS
7 Sec.
8 5101. Remedy to exist for legal injury.
9 5102. Place and form of filing applications for relief.
10 5103. Transfer of erroneously filed matters.
11 5104. Trial by jury.
12 5105. Right to appellate review.
13 5106. Change of venue.
14 § 5101. Remedy to exist for legal injury.
15 (a) General rule.--Every person for a legal injury done him
16 in his lands, goods, person, or reputation shall have remedy by
17 due course of law, and right and justice administered without
18 sale, denial or delay.
19 (b) No waiver of sovereign immunity.--The provisions of
20 subsection (a) shall not be construed as a waiver by the
21 Commonwealth of immunity to suit.
22 § 5102. Place and form of filing applications for relief.
23 Applications for relief to any court under section 5101
24 (relating to remedy to exist for legal injury) or under any
25 other provision of law, or documents relating to a matter before
26 a district justice, shall be filed in such office and in such
27 form as may be prescribed by general rule or rule of court.
28 § 5103. Transfer of erroneously filed matters.
29 (a) General rule.--If an appeal or other matter is taken to
30 or brought in a court or magisterial district which does not
19750S0935B1986 - 185 -
1 have jurisdiction of the appeal or other matter, the court or
2 district justice shall not quash such appeal or dismiss the
3 matter, but shall transfer the record thereof to the proper
4 court or magisterial district of this Commonwealth, where the
5 appeal or other matter shall be treated as if originally filed
6 in the transferee court or magisterial district on the date
7 first filed in a court or magisterial district.
8 (b) Federal cases.--Subsection (a) shall also apply to any
9 matter transferred or remanded by any United States district
10 court for a district embracing any part of this Commonwealth.
11 (c) Interdivisional transfers.--If an appeal or other matter
12 is taken to, brought in, or transferred to a division of a court
13 to which such matter is not allocated by law, the court shall
14 not quash such appeal or dismiss the matter, but shall transfer
15 the record thereof to the proper division of the court, where
16 the appeal or other matter shall be treated as if originally
17 filed in the transferee division on the date first filed in a
18 court or magisterial district.
19 § 5104. Trial by jury.
20 (a) General rule.--Trial by jury shall be as heretofore, and
21 the right thereof shall remain inviolate. Trial by jury may be
22 waived in the manner prescribed by general rules.
23 (b) Civil verdicts.--In any civil case a verdict rendered by
24 at least five-sixths of the jury shall be the verdict of the
25 jury and shall have the same effect as a unanimous verdict of
26 the jury.
27 § 5105. Right to appellate review.
28 (a) General rule.--There is a right of appeal under this
29 subsection from the final order (including an order defined as a
30 final order by general rule) of every:
19750S0935B1986 - 186 -
1 (1) Court or district justice of this Commonwealth to
2 the court having jurisdiction of such appeals.
3 (2) Government unit which is an administrative agency
4 within the meaning of section 9 of Article V of the
5 Constitution of Pennsylvania to the court having jurisdiction
6 of such appeals. An order is appealable under this paragraph
7 notwithstanding the fact that it is not appealable under the
8 act of June 4, 1945 (P.L.1388, No.442), known as the
9 "Administrative Agency Law," or the act of December 2, 1968
10 (P.L.1133, No.353), known as the "Local Agency Law."
11 (b) Successive appeals.--Except as otherwise provided in
12 this subsection, the rights conferred by subsection (a) are
13 cumulative, so that a litigant may as a matter of right cause a
14 final order of any tribunal in any matter which itself
15 constitutes an appeal to such tribunal, to be further reviewed
16 by the court having jurisdiction of appeals from such tribunal.
17 Except as provided in section 723 (relating to appeals from the
18 Commonwealth Court) there shall be no right of appeal from the
19 Superior Court or the Commonwealth Court to the Supreme Court
20 under this section or otherwise.
21 (c) Interlocutory appeals.--There shall be a right of appeal
22 from such interlocutory orders of tribunals and other government
23 units as may be specified by law. The governing authority shall
24 be responsible for a continuous review of the operation of
25 section 702(b) (relating to interlocutory appeals by permission)
26 and shall from time to time establish by general rule rights to
27 appeal from such classes of interlocutory orders, if any, from
28 which appeals are regularly allowed pursuant to section 702(b).
29 (d) Scope of appeal.--
30 (1) Except as otherwise provided in this subsection an
19750S0935B1986 - 187 -
1 appeal under this section shall extend to the whole record,
2 with like effect as upon an appeal from a judgment entered
3 upon the verdict of a jury in an action at law and the scope
4 of review of the order shall not be limited as on broad or
5 narrow certiorari.
6 (2) An order which is appealable by reason of subsection
7 (a)(2), but which would not be appealable under the act of
8 June 4, 1945 (P.L.1388, No.442), known as the "Administrative
9 Agency Law," or the act of December 2, 1968 (P.L.1133,
10 No.353), known as the "Local Agency Law," or under any other
11 corresponding provision of law, shall not be reversed or
12 modified on appeal unless the appellant would be entitled to
13 equivalent relief upon an action in the nature of equity,
14 replevin, mandamus or quo warranto or upon a petition for
15 declaratory judgment or for a writ of certiorari or
16 prohibition or otherwise objecting to such order.
17 (3) Nothing in this subsection shall supersede any
18 general rule or rule of court or any unsuspended statute
19 authorizing or requiring an appellate court to receive
20 additional evidence or to hear the appeal de novo.
21 (4) Except as otherwise provided by general rule, an
22 appeal from a final order of the minor judiciary shall be de
23 novo under procedures established by general rule.
24 (e) Supersedeas.--An appeal shall operate as a supersedeas
25 to the extent and upon the conditions provided or prescribed by
26 law.
27 § 5106. Change of venue.
28 The power to change the venue in civil and criminal cases
29 shall be vested in the courts, to be exercised in such manner as
30 shall be provided or prescribed by law.
19750S0935B1986 - 188 -
1 CHAPTER 53
2 BASES OF JURISDICTION AND INTERSTATE
3 AND INTERNATIONAL PROCEDURE
4 Subchapter
5 A. General Provisions
6 B. Interstate and International Procedure
7 SUBCHAPTER A
8 GENERAL PROVISIONS
9 Sec.
10 5301. Persons.
11 5302. Land.
12 5303. Chattels.
13 5304. Documents.
14 5305. Corporate shares.
15 5306. Obligations.
16 5307. Status.
17 § 5301. Persons.
18 (a) General rule.--The existence of any of the following
19 relationships between a person and this Commonwealth shall
20 constitute a sufficient basis of jurisdiction to enable the
21 tribunals of this Commonwealth to exercise general personal
22 jurisdiction over such person, or his personal representative in
23 the case of an individual, and to enable such tribunals to
24 render personal orders against such person or representative:
25 (1) Individuals.--
26 (i) Presence in this Commonwealth at the time when
27 process is served.
28 (ii) Domicile in this Commonwealth at the time when
29 process is served.
30 (iii) Consent, to the extent authorized by the
19750S0935B1986 - 189 -
1 consent.
2 (2) Corporations.--
3 (i) Incorporation under the laws of this
4 Commonwealth.
5 (ii) Consent, to the extent authorized by the
6 consent.
7 (iii) The carrying on of a continuous and systematic
8 part of its general business within this Commonwealth.
9 (3) Partnerships, limited partnerships, partnership
10 associations, professional associations, unincorporated
11 associations and similar entities.--
12 (i) Formation under the laws of this Commonwealth.
13 (ii) Consent, to the extent authorized by the
14 consent.
15 (iii) The carrying on of a continuous and systematic
16 part of its general business within this Commonwealth.
17 (b) Scope of jurisdiction.--When jurisdiction over a person
18 is based upon this section any cause of action may be asserted
19 against him, whether or not arising from acts enumerated in this
20 section.
21 § 5302. Land.
22 The tribunals of this Commonwealth shall have jurisdiction
23 over land situated within this Commonwealth whether or not the
24 persons owning or claiming interests therein are subject to the
25 jurisdiction of the tribunals of this Commonwealth.
26 § 5303. Chattels.
27 The tribunals of this Commonwealth shall have jurisdiction
28 over chattels situated within this Commonwealth whether or not
29 the persons owning or claiming interests therein are subject to
30 the jurisdiction of the tribunals of this Commonwealth.
19750S0935B1986 - 190 -
1 § 5304. Documents.
2 The tribunals of this Commonwealth shall have jurisdiction
3 over documents which are within this Commonwealth whether or not
4 the persons owning or claiming interests therein are subject to
5 the jurisdiction of the tribunals of this Commonwealth.
6 § 5305. Corporate shares.
7 The tribunals of this Commonwealth shall have jurisdiction,
8 whether or not the persons owning or claiming interests in the
9 shares or share certificates are subject to the jurisdiction of
10 the tribunals of this Commonwealth:
11 (1) Over shares in a corporation incorporated under the
12 laws of this Commonwealth (subject to the limitations of the
13 act of April 6, 1953 (P.L.3, No.1), known as the "Uniform
14 Commercial Code").
15 (2) Over share certificates which are located within
16 this Commonwealth.
17 (3) Over shares in a corporation represented by share
18 certificates located within this Commonwealth if the law of
19 the jurisdiction of incorporation embodies the share in the
20 share certificates.
21 § 5306. Obligations.
22 The tribunals of this Commonwealth shall have jurisdiction
23 over obligations owed by persons who are subject to the
24 jurisdiction of the tribunals of this Commonwealth whether or
25 not the persons to whom the obligations are owed are subject to
26 the jurisdiction of the tribunals of this Commonwealth.
27 § 5307. Status.
28 The judicial jurisdiction over status granted to the courts
29 of this Commonwealth by the Constitution and laws STATUTES of <--
30 this Commonwealth may be exercised:
19750S0935B1986 - 191 -
1 (1) to the extent permitted by the Constitution of the
2 United States, except as limited by the Constitution and laws
3 of this Commonwealth; and
4 (2) in the manner permitted by the laws of this
5 Commonwealth.
F5L18CM/19750S0935B1986 - 192 -