PRIOR PRINTER'S NO. 1152 PRINTER'S NO. 1905
No. 904 Session of 2003
INTRODUCED BY GREENLEAF, M. WHITE, COSTA, ORIE, SCHWARTZ,
TARTAGLIONE, C. WILLIAMS, WAUGH, RAFFERTY, WOZNIAK AND
THOMPSON, SEPTEMBER 15, 2003
SENATE THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
NOVEMBER 8, 2004
AN ACT
1 Amending Titles 18 (Crimes and Offenses), 23 (Domestic
2 Relations), 34 (Game), 42 (Judiciary and Judicial Procedure),
3 53 (Municipalities Generally), 68 (Real and Personal
4 Property), 71 (State Government), 74 (Transportation) and 75
5 (Vehicles) of the Pennsylvania Consolidated Statutes,
6 changing the name of "district justice" to "magisterial
7 district judge" and replacing references to "justice of the
8 peace" with "magisterial district judge."
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The definitions of "court" and "judge" in section
12 103 of Title 18 of the Pennsylvania Consolidated Statutes are
13 amended to read:
14 § 103. Definitions.
15 Subject to additional definitions contained in subsequent
16 provisions of this title which are applicable to specific
17 provisions of this part, the following words and phrases when
18 used in this title shall have, unless the context clearly
19 indicates otherwise, the meanings given to them in this section:
1 * * *
2 "Court." Includes (when exercising criminal or quasi-
3 criminal jurisdiction pursuant to 42 Pa.C.S. § 1515 (relating to
4 jurisdiction and venue)) a [district justice] magisterial
5 district judge.
6 * * *
7 "Judge." Includes (when exercising criminal or quasi-
8 criminal jurisdiction pursuant to 42 Pa.C.S. § 1515 (relating to
9 jurisdiction and venue)) a [district justice] magisterial
10 district judge.
11 * * *
12 Section 2. The definition of "court facility" in section
13 913(f) of Title 18 is amended to read:
14 § 913. Possession of firearm or other dangerous weapon in court
15 facility.
16 * * *
17 (f) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 "Court facility." The courtroom of a court of record; a
21 courtroom of a community court; the courtroom of a [district
22 justice] magisterial district judge; a courtroom of the
23 Philadelphia Municipal Court; a courtroom of the Pittsburgh
24 Magistrates Court; a courtroom of the Traffic Court of
25 Philadelphia; judge's chambers; witness rooms; jury deliberation
26 rooms; attorney conference rooms; prisoner holding cells;
27 offices of court clerks, the district attorney, the sheriff and
28 probation and parole officers; and any adjoining corridors.
29 * * *
30 Section 3. Section 1106(d), (e) and (f) and the definition
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1 of "crime" in subsection (h) of Title 18 are amended to read:
2 § 1106. Restitution for injuries to person or property.
3 * * *
4 (d) Limitations on district justices.--Restitution ordered
5 by a [district justice] magisterial district judge shall be
6 limited to the return of the actual property or its undisputed
7 dollar amount or, where the claim for restitution does not
8 exceed the civil jurisdictional limit specified in 42 Pa.C.S. §
9 1515(a)(3) (relating to jurisdiction) and is disputed as to
10 amount, the [district justice] magisterial district judge shall
11 determine and order the dollar amount of restitution to be made.
12 (e) Restitution payments and records.--Restitution, when
13 ordered by a judge, shall be made by the offender to the
14 probation section of the county in which he was convicted or to
15 another agent designated by the county commissioners with the
16 approval of the president judge of the county to collect
17 restitution according to the order of the court or, when ordered
18 by a [district justice] magisterial district judge, shall be
19 made to the [district justice] magisterial district judge. The
20 probation section or other agent designated by the county
21 commissioners of the county with the approval of the president
22 judge to collect restitution and the [district justice]
23 magisterial district judge shall maintain records of the
24 restitution order and its satisfaction and shall forward to the
25 victim the property or payments made pursuant to the restitution
26 order.
27 (f) Noncompliance with restitution order.--Whenever the
28 offender shall fail to make restitution as provided in the order
29 of a judge, the probation section or other agent designated by
30 the county commissioners of the county with the approval of the
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1 president judge to collect restitution shall notify the court
2 within 20 days of such failure. Whenever the offender shall fail
3 to make restitution within 20 days to a [district justice]
4 magisterial district judge, as ordered, the [district justice]
5 magisterial district judge shall declare the offender in
6 contempt and forward the case to the court of common pleas. Upon
7 such notice of failure to make restitution, or upon receipt of
8 the contempt decision from a [district justice] magisterial
9 district judge, the court shall order a hearing to determine if
10 the offender is in contempt of court or has violated his
11 probation or parole.
12 * * *
13 (h) Definitions.--As used in this section, the following
14 words and phrases shall have the meanings given to them in this
15 subsection:
16 "Crime." Any offense punishable under this title or by a
17 [district justice] magisterial district judge.
18 * * *
19 Section 4. Sections 2702(c)(23), 3929(e) and (g), 3929.1(g),
20 4953.1(c), 4955(c), 6308(c)(1), 6711(c) and 7311(f)(2) of Title
21 18 are amended to read:
22 § 2702. Aggravated assault.
23 * * *
24 (c) Officers, employees, etc., enumerated.--The officers,
25 agents, employees and other persons referred to in subsection
26 (a) shall be as follows:
27 * * *
28 (23) A [district justice] magisterial district judge.
29 * * *
30 § 3929. Retail theft.
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1 * * *
2 (e) Reduction prohibited.--No [justice of the peace or other
3 magistrate] magisterial district judge shall have the power to
4 reduce any other charge of theft to a charge of retail theft as
5 defined in this section.
6 * * *
7 (g) Fingerprinting.--Prior to the commencement of trial or
8 entry of plea of a defendant 16 years of age or older accused of
9 the summary offense of retail theft, the issuing authority shall
10 order the defendant to submit within five days of such order for
11 fingerprinting by the municipal police of the jurisdiction in
12 which the offense allegedly was committed or the State Police.
13 Fingerprints so obtained shall be forwarded immediately to the
14 Pennsylvania State Police for determination as to whether or not
15 the defendant previously has been convicted of the offense of
16 retail theft. The results of such determination shall be
17 forwarded to the Police Department obtaining the fingerprints if
18 such department is the prosecutor, or to the issuing authority
19 if the prosecutor is other than a police officer. The issuing
20 authority shall not proceed with the trial or plea in summary
21 cases until in receipt of the determination made by the State
22 Police. The [district justice] magisterial district judge shall
23 use the information obtained solely for the purpose of grading
24 the offense pursuant to subsection (b).
25 § 3929.1. Library theft.
26 * * *
27 (g) Prior offenses.--Prior to the commencement of trial or
28 entry of plea of a defendant 16 years of age or older accused of
29 the summary offense of library theft, the issuing authority
30 shall notify the Pennsylvania State Police for determination as
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1 to whether or not the defendant previously has been convicted of
2 the offense of library theft. The results of such determination
3 shall be forwarded to the police department if the department is
4 the prosecutor, or to the issuing authority if the prosecutor is
5 other than a police officer. The issuing authority shall not
6 proceed with the trial or plea in summary cases until in receipt
7 of the determination made by the State Police. The [district
8 justice] magisterial district judge shall use the information
9 obtained solely for the purpose of grading the offense pursuant
10 to subsection (b).
11 * * *
12 § 4953.1. Retaliation against prosecutor or judicial official.
13 * * *
14 (c) Definitions.--As used in this section, the following
15 words and phrases shall have the meanings given to them in this
16 subsection:
17 "Judicial official." Any person who is a:
18 (1) judge of the court of common pleas;
19 (2) judge of the Commonwealth Court;
20 (3) judge of the Superior Court;
21 (4) justice of the Supreme Court;
22 (5) [district justice] magisterial district judge;
23 (6) judge of the Pittsburgh Magistrate's Court;
24 (7) judge of the Philadelphia Municipal Court;
25 (8) judge of the Traffic Court of Philadelphia; or
26 (9) master appointed by a judge of a court of common
27 pleas.
28 "Prosecutor." Any person who is:
29 (1) an Attorney General;
30 (2) a deputy attorney general;
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1 (3) a district attorney; or
2 (4) an assistant district attorney.
3 § 4955. Violation of orders.
4 * * *
5 (c) Arraignment.--Subsequent to an arrest, the defendant
6 shall be taken without unnecessary delay before the court that
7 issued the order. When that court is unavailable, the defendant
8 shall be arraigned before a [district justice] magisterial
9 district judge or, in cities of the first class, a Philadelphia
10 Municipal Court Judge, in accordance with the Pennsylvania Rules
11 of Criminal Procedure.
12 § 6308. Purchase, consumption, possession or transportation of
13 liquor or malt or brewed beverages.
14 * * *
15 (c) Preadjudication disposition.--
16 (1) When a person is charged with violating subsection
17 (a), the [district justice] magisterial district judge may
18 admit the offender to the adjudication alternative as
19 authorized in 42 Pa.C.S. § 1520 (relating to adjudication
20 alternative program) or any other preadjudication disposition
21 if the offender has not previously received a preadjudication
22 disposition for violating subsection (a).
23 * * *
24 § 6711. Retention of military property after notice to return.
25 * * *
26 (c) Restitution to avoid prosecution.--A person may avoid
27 prosecution under this section by returning the property or
28 making restitution to the responsible official of the armed
29 forces of the United States or the Pennsylvania military forces,
30 as applicable, prior to the date of the hearing before the
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1 [district justice] magisterial district judge, municipal court
2 judge or other official authorized to conduct the hearing.
3 § 7311. Unlawful collection agency practices.
4 * * *
5 (f) Coercion or intimidation.--
6 * * *
7 (2) Paragraph (1) of this subsection shall not prohibit:
8 (i) A collection agency from informing a debtor that
9 if a claim is not paid, it will be referred to an
10 attorney at law for such action as he may deem necessary,
11 without naming a specific attorney.
12 (ii) A [justice of the peace or magistrate]
13 magisterial district judge from sending out notices to
14 debtors before the institution of suit.
15 * * *
16 Section 5. The definition of "court" in section 102 of Title
17 23 is amended to read:
18 § 102. Definitions.
19 (a) General rule.--Subject to additional definitions
20 contained in subsequent provisions of this title which are
21 applicable to specific provisions of this title, the following
22 words and phrases when used in this title shall have the
23 meanings given to them in this subsection unless the context
24 clearly indicates otherwise:
25 * * *
26 "Court." The court or [district justice] magisterial
27 district judge having jurisdiction over the matter under Title
28 42 (relating to judiciary and judicial procedure) exercised as
29 provided in Title 42 or as otherwise provided or prescribed by
30 law.
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1 * * *
2 Section 6. Section 1503(a) of Title 23 is amended to read:
3 § 1503. Persons qualified to solemnize marriages.
4 (a) General rule.--The following are authorized to solemnize
5 marriages between persons that produce a marriage license issued
6 under this part:
7 (1) A justice, judge or [district justice] magisterial
8 district judge of this Commonwealth.
9 (2) A former or retired justice, judge or [district
10 justice] magisterial district judge of this Commonwealth who
11 is serving as a senior judge or senior [district justice]
12 magisterial district judge as provided or prescribed by law.
13 (3) An active or senior judge or full-time magistrate of
14 the District Courts of the United States for the Eastern,
15 Middle or Western District of Pennsylvania.
16 (4) An active, retired or senior judge of the United
17 States Court of Appeals for the Third Circuit who is a
18 resident of this Commonwealth.
19 (5) A mayor of any city or borough of this Commonwealth.
20 (6) A minister, priest or rabbi of any regularly
21 established church or congregation.
22 * * *
23 Section 7. The definition of "hearing officer" in section
24 6102(a) of Title 23 is amended to read:
25 § 6102. Definitions.
26 (a) General rule.--The following words and phrases when used
27 in this chapter shall have the meanings given to them in this
28 section unless the context clearly indicates otherwise:
29 * * *
30 "Hearing officer." A [district justice] magisterial district
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1 judge, judge of the Philadelphia Municipal Court, bail
2 commissioner appointed under 42 Pa.C.S. § 1123 (relating to
3 jurisdiction and venue) and master appointed under 42 Pa.C.S. §
4 1126 (relating to masters).
5 * * *
6 Section 8. Sections 6113(c), 6113.1(a) and 6340(a)(5) of
7 Title 23 are amended to read:
8 § 6113. Arrest for violation of order.
9 * * *
10 (c) Procedure following arrest.--Subsequent to an arrest,
11 the defendant shall be taken by the police officer without
12 unnecessary delay before the court in the judicial district
13 where the contempt is alleged to have occurred. When that court
14 is unavailable, the police officer shall convey the defendant to
15 a [district justice] magisterial district judge designated as
16 appropriate by local rules of court or, in the city of
17 Pittsburgh, to a magistrate of the Pittsburgh Magistrates Court
18 or, in counties of the first class, to the appropriate hearing
19 officer. For purposes of procedure relating to arraignments for
20 arrest for violation of an order issued under this chapter, the
21 judges of Pittsburgh Magistrates Court shall be deemed to be
22 [district justices] magisterial district judges.
23 * * *
24 § 6113.1. Private criminal complaints for violation of order or
25 agreement.
26 (a) General rule.--A plaintiff may file a private criminal
27 complaint against a defendant, alleging indirect criminal
28 contempt for a noneconomic violation of any provision of an
29 order or court-approved consent agreement issued under this
30 chapter or a foreign protection order, with the court, the
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1 office of the district attorney or the [district justice]
2 magisterial district judge in the jurisdiction or county where
3 the violation occurred, except that, in a city of the first
4 class, a complaint may only be filed with the family division of
5 the court of common pleas or the office of the district
6 attorney.
7 * * *
8 § 6340. Release of information in confidential reports.
9 (a) General rule.--Reports specified in section 6339
10 (relating to confidentiality of reports) shall only be made
11 available to:
12 * * *
13 (5) A court of competent jurisdiction, including a
14 [district justice] magisterial district judge, a judge of the
15 Philadelphia Municipal Court and a judge of the Pittsburgh
16 Magistrates Court, pursuant to court order or subpoena in a
17 criminal matter involving a charge of child abuse under
18 section 6303(b) (relating to definitions). Disclosure through
19 testimony shall be subject to the restrictions of subsection
20 (c).
21 * * *
22 Section 9. The definition of "district justice" in section
23 102 of Title 34 is amended and the section is amended by adding
24 a definition to read:
25 § 102. Definitions.
26 Subject to additional definitions contained in subsequent
27 provisions of this title which are applicable to specific
28 provisions of this title, the following words and phrases when
29 used in this title shall have the meanings given to them in this
30 section unless the context clearly indicates otherwise:
20030S0904B1905 - 11 -
1 * * *
2 ["District justice." Includes a court of the minor judiciary
3 having jurisdiction over summary offenses generally.]
4 * * *
5 "Magisterial district judge." Includes a court of the minor
6 judiciary having jurisdiction over summary offenses generally.
7 * * *
8 Section 10. Sections 925(a), (f) and (i), 2511(b)(3),
9 2512(b)(3), 2711(a)(10), 2726(a)(1) and 2741(c) of Title 34 are
10 amended to read:
11 § 925. Jurisdiction and penalties.
12 (a) Jurisdiction.--Notwithstanding the provisions of Title
13 42 (relating to judiciary and judicial procedure), all [district
14 justices] magisterial district judges shall have jurisdiction
15 for all violations of this title which are classified as summary
16 offenses and may accept guilty pleas and impose sentences for
17 violations of this title classified as misdemeanors.
18 * * *
19 (f) Nonpayment of fines and costs.--Unless otherwise
20 provided in this title, each person who fails to pay the fine
21 imposed may, after hearing before a [district justice]
22 magisterial district judge, be imprisoned until the fine is paid
23 in full. The court may imprison the person for a number of days
24 equal to one day for each $40 of the unpaid balance of the fine
25 and costs not to exceed 120 days.
26 * * *
27 (i) Replacement costs.--In addition to the fines and costs
28 imposed for violations pursuant to subsection (b), the costs
29 incurred by the commission for the replacement of the species
30 involved in the violation shall be assessed by the [district
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1 justice] magisterial district judge in such amount as is fixed
2 by regulation of the commission. Replacement costs shall only be
3 assessed for violations relating to threatened or endangered
4 species of North American game or wildlife and such other
5 species of Pennsylvania game or wildlife as designated by the
6 commission.
7 * * *
8 § 2511. Damage to trees.
9 * * *
10 (b) Penalties.--
11 * * *
12 (3) In addition to any other penalty imposed, the
13 defendant shall be liable to pay to the one in control of a
14 tree the amount of any damage done by the defendant to the
15 tree. The amount of the damage to the tree shall be
16 determined by the [district justice] magisterial district
17 judge. If a reasonable settlement for damage to the tree is
18 not reached, the [district justice] magisterial district
19 judge may appoint a competent appraiser to determine the
20 amount of the damage. The amount of the damage determined
21 shall be assessed against the defendant and paid to the
22 [district justice] magisterial district judge for
23 disposition. The [district justice] magisterial district
24 judge shall deliver the amount collected to the person or
25 governmental agency having legal control over the land where
26 the damage occurred. The appraiser appointed by the [district
27 justice] magisterial district judge shall be entitled to a
28 reasonable fee for services rendered which shall be assessed
29 against the defendant as additional costs.
30 § 2512. Unlawful acts on commission lands or waters.
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1 * * *
2 (b) Penalties.--
3 * * *
4 (3) In addition to any other penalty imposed, where the
5 damages or materials removed are extreme or an agreeable
6 arrangement cannot be reached between the concerned parties,
7 the case shall be heard by the appropriate [district justice]
8 magisterial district judge who, if necessary, may appoint an
9 independent person to appraise the damage to be paid to the
10 commission. Any costs for the appraiser shall be added to
11 costs of prosecution.
12 § 2711. Unlawful acts concerning licenses.
13 (a) General rule.--Except as otherwise provided in this
14 title, it is unlawful for any person to:
15 * * *
16 (10) Hunt or take, or aid, assist or attempt to hunt or
17 take, furbearers or take any game or wildlife anywhere in
18 this Commonwealth, either with or without a license, or make
19 application, receive or attempt or conspire to receive any
20 license required by this chapter, during any period that
21 these privileges have been denied or withdrawn by this title,
22 by the director or by a [district justice] magisterial
23 district judge or court.
24 * * *
25 § 2726. Unlawful acts concerning agents.
26 (a) General rule.--It is unlawful for an agent or his
27 representative to knowingly:
28 (1) Issue any license:
29 (i) To any person not fully qualified for or
30 entitled to the license.
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1 (ii) To one whose privilege to hunt or take game or
2 wildlife has been denied by the commission or by a
3 [district justice] magisterial district judge or court.
4 (iii) Without first securing the fees, affidavits,
5 applications or other documents required by this title.
6 (iv) Without first securing satisfactory
7 identification.
8 (v) At a fee greater than the fee prescribed in this
9 title or by the commission.
10 * * *
11 § 2741. Denial or revocation of licenses.
12 * * *
13 (c) Authority of court.--Any [district justice] magisterial
14 district judge or court having jurisdiction in any case coming
15 before it involving any of the offenses contained in this title
16 may revoke a hunting or furtaking license and deny the privilege
17 to secure a license or to hunt or take furbearers anywhere in
18 this Commonwealth, with or without a license, as set forth in
19 this title.
20 Section 11. The definitions of "central staff," "district
21 justice," "issuing authority," "judicial officers," "magisterial
22 district," "minor judiciary," "senior district justice" and
23 "tribunal" in section 102 of Title 42 are amended and the
24 section is amended by adding a definition to read:
25 § 102. Definitions.
26 Subject to additional definitions contained in subsequent
27 provisions of this title which are applicable to specific
28 provisions of this title, the following words and phrases when
29 used in this title shall have, unless the context clearly
30 indicates otherwise, the meanings given to them in this section:
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1 * * *
2 "Central staff." All individuals employed in the business of
3 the unified judicial system, but the term does not include
4 [district justices] magisterial district judges or their
5 personal staff or personnel of the courts.
6 * * *
7 ["District justice." A justice of the peace holding office
8 under section 7(a) of Article V of the Constitution of
9 Pennsylvania and Chapter 15 (relating to district justices).]
10 * * *
11 "Issuing authority." Any judge or [district justice]
12 magisterial district judge of the minor judiciary, subject to
13 the express limitations on jurisdiction specified in this title.
14 * * *
15 "Judicial officers." Judges, [district justices] magisterial
16 district judges and appointive judicial officers.
17 * * *
18 "Magisterial district." A district established within a
19 judicial district pursuant to Subchapter A of Chapter 15
20 (relating to magisterial districts) for the election of a
21 [district justice] magisterial district judge.
22 "Magisterial district judge." A justice of the peace who
23 holds office under section 7(a) of Article V of the Constitution
24 of Pennsylvania and Subchapter B of Chapter 15 (relating to
25 magisterial district judges).
26 * * *
27 "Minor judiciary." The community courts, [district justices]
28 magisterial district judges, Pittsburgh Magistrates Court and
29 Traffic Court of Philadelphia.
30 * * *
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1 "Senior [district justice] magisterial district judge." A
2 former or retired [district justice] magisterial district judge
3 who retires or otherwise vacates office after January 1, 1970,
4 who has served at least one complete six year elected term as a
5 [district justice] magisterial district judge, and who, with his
6 consent, is assigned on temporary magisterial service pursuant
7 to section 4122(b) (relating to assignment of senior [district
8 justices] magisterial district judges).
9 * * *
10 "Tribunal." A court, [district justice] magisterial district
11 judge or other judicial officer vested with the power to enter
12 an order in a matter. The term includes a government unit, other
13 than the General Assembly and its officers and agencies, when
14 performing quasi-judicial functions.
15 * * *
16 Section 12. Sections 301, 503(a), 723(a), 726, 912, 931(b),
17 1102(b) and (c), 1103, 1105(a), 1141, 1302(b), 1341, 1342 and
18 1503(d) of Title 42 are amended to read:
19 § 301. Unified judicial system.
20 The judicial power of the Commonwealth shall be vested in a
21 unified judicial system consisting of the:
22 (1) Supreme Court.
23 (2) Superior Court.
24 (3) Commonwealth Court.
25 (4) Courts of common pleas.
26 (5) Community courts.
27 (6) Philadelphia Municipal Court.
28 (7) Pittsburgh Magistrates Court.
29 (8) Traffic Court of Philadelphia.
30 (9) [District justices] Magisterial district judges.
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1 All courts and [district justices] magisterial district judges
2 and their jurisdiction shall be in this unified judicial system.
3 § 503. Reassignment of matters.
4 (a) General rule.--The Supreme Court may by general rule
5 provide for the assignment and reassignment of classes of
6 matters among the several courts of this Commonwealth and the
7 [district justices] magisterial district judges as the needs of
8 justice shall require and all laws shall be suspended to the
9 extent that they are inconsistent with such general rules.
10 * * *
11 § 723. Appeals from Commonwealth Court.
12 (a) General rule.--The Supreme Court shall have exclusive
13 jurisdiction of appeals from final orders of the Commonwealth
14 Court entered in any matter which was originally commenced in
15 the Commonwealth Court except an order entered in a matter which
16 constitutes an appeal to the Commonwealth Court from another
17 court, a [district justice] magisterial district judge or
18 another government unit.
19 * * *
20 § 726. Extraordinary jurisdiction.
21 Notwithstanding any other provision of law, the Supreme Court
22 may, on its own motion or upon petition of any party, in any
23 matter pending before any court or [district justice]
24 magisterial district judge of this Commonwealth involving an
25 issue of immediate public importance, assume plenary
26 jurisdiction of such matter at any stage thereof and enter a
27 final order or otherwise cause right and justice to be done.
28 § 912. Powers of courts of common pleas.
29 Every court of common pleas shall have power to issue, under
30 its judicial seal, every lawful writ and process to or to be
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1 served or enforced by system and related personnel as such
2 courts have been heretofore authorized by law or usage to issue.
3 Every judge of a court of common pleas shall have all the powers
4 of a judge or [district justice] magisterial district judge of
5 the minor judiciary.
6 § 931. Original jurisdiction and venue.
7 * * *
8 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
9 of the courts of common pleas under this section shall be
10 exclusive except with respect to actions and proceedings
11 concurrent jurisdiction of which is by statute or by general
12 rule adopted pursuant to section 503 vested in another court of
13 this Commonwealth or in the [district justices] magisterial
14 district judges.
15 * * *
16 § 1102. Establishment or discontinuance of community courts.
17 * * *
18 (b) Establishment.--The community court of a judicial
19 district shall be established on the first Monday of January
20 following the municipal election at which the first judges of
21 the court shall be elected. A court when established shall, in
22 accordance with and subject to Article V of the Constitution of
23 Pennsylvania, supplant all [district justices] magisterial
24 district judges or the municipal court and the traffic court, as
25 the case may be, within the judicial district, except that in
26 the fifth judicial district a community court shall not supplant
27 the Pittsburgh Magistrates Court. Upon the expiration of the
28 term of any [district justice] magisterial district judge or
29 judge of the municipal or traffic court, as the case may be, or
30 the abolition of his office in the manner and at such time as is
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1 provided by section 3321 (relating to establishment of community
2 courts), in a judicial district in which a community court has
3 been established, the matters then pending and the books,
4 dockets and records thereof shall be transferred to the
5 community court which shall determine and conclude such matters
6 as if it had assumed jurisdiction in the first instance.
7 (c) Discontinuance.--Where the electors of a judicial
8 district have at a primary election approved the discontinuance
9 of an existing community court within their judicial district
10 such community court and the office of the judges serving
11 thereon shall then be abolished in the manner and at such time
12 as is provided by section 3322 (relating to discontinuance of
13 community courts). Thereafter, the office of [district justice]
14 magisterial district judge or judge of the municipal or traffic
15 court, as the case may be, shall be established to replace and
16 supplant such community court on the first Monday of January of
17 the even-numbered year next following the odd-numbered year
18 specified in section 1503(b) (relating to discontinuance of
19 community court) and the number and boundaries of magisterial
20 districts, if any, of each class within such judicial district
21 shall be established in the manner provided by section 1503(b).
22 § 1103. Powers of community courts.
23 Every judge of a community court shall have all the powers of
24 a judge of the municipal court or traffic court, or of a
25 [district justice] magisterial district judge, as the case may
26 be.
27 § 1105. Jurisdiction and venue.
28 (a) General rule.--Except as otherwise prescribed by any
29 general rule adopted pursuant to section 503 (relating to
30 reassignment of matters) each community court shall have the
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1 jurisdiction which under law was exercised by the municipal
2 court or traffic court or by [district justices] magisterial
3 district judges, as the case may be, within the judicial
4 district.
5 * * *
6 § 1141. Pittsburgh Magistrates Court.
7 The Pittsburgh Magistrates Court shall be a court not of
8 record and shall consist of such a number of judges, not less
9 than five nor more than eight, as shall be specified by
10 ordinance of the City of Pittsburgh. The magistrates court shall
11 be the police magistrates authorized to be continued in
12 existence by section 21, Schedule to Article V of the
13 Constitution of Pennsylvania adopted April 23, 1968. Judges of
14 the Pittsburgh Magistrates Court shall be deemed [district
15 justices] magisterial district judges for the purposes of
16 Chapter 33 (relating to discipline, removal and retirement of
17 judicial officers).
18 § 1302. Jurisdiction and venue.
19 * * *
20 (b) Concurrent and exclusive jurisdiction.--The jurisdiction
21 of a traffic court under this section shall be exclusive of the
22 courts of common pleas and [district justices] magisterial
23 district judges, except that such jurisdiction shall be
24 concurrent with the [district justices] magisterial district
25 judges whenever the traffic court is closed.
26 * * *
27 § 1341. Third class city traffic courts authorized.
28 Any city of the third class may establish by ordinance a
29 traffic court which shall be a court not of record. The court
30 shall be held by such of the [district justices] magisterial
20030S0904B1905 - 21 -
1 district judges of the city as shall be designated by the
2 president judge of the court of common pleas upon petition by
3 the city. If established, the court shall be for the city so
4 establishing it.
5 § 1342. Operations of optional traffic courts.
6 The [district justice] magisterial district judge designated
7 by the president judge shall preside over and supervise the work
8 of the traffic court. The traffic court shall be open for
9 business at such times as shall be designated by city ordinance
10 or prescribed by general rule.
11 § 1503. Reestablishment of districts.
12 * * *
13 (d) Compensation of [district justice] magisterial district
14 judge.--When a magisterial district is reestablished the
15 compensation of a [district justice] magisterial district judge
16 serving therein shall not be diminished for any reason during
17 [his] the magisterial district judge's term or during any term
18 to which [he] the magisterial district judge is reelected while
19 serving in such reestablished district.
20 Section 13. The heading of Subchapter B of Chapter 15 of
21 Title 42 is amended to read:
22 SUBCHAPTER B
23 [DISTRICT JUSTICES]
24 MAGISTERIAL DISTRICT JUDGES
25 Section 14. Sections 1512, 1513, 1514, 1515, 1516, 1520,
26 1522(a) and (c), 1523, 1602(a) and (b), 1722(a), 1723,
27 1725(d)(2) and (4), 1725.1(a) and (b), 1728(a), 1903, 2102(a)
28 and (b), 2132(a)(1), 2301(a)(1), 2502(a), 2942(f), 2943(b)(2),
29 2949(b), 2950(g)(9) and (11), 3101(a), 3112, 3113(a), 3114,
30 3115, 3116, 3118(a), 3131(a) and (c), 3132(a), 3132.1, 3152(a)
20030S0904B1905 - 22 -
1 and (b), 3302, 3304, 3305, 3307, 3321(a), 3322(a), 3331(b), 3351
2 and 3352 of Title 42 are amended to read:
3 § 1512. Seal.
4 Each magisterial district shall have a seal, which shall be
5 in the custody of the [district justice] magisterial district
6 judge elected or appointed for such district. The official acts
7 of the [district justice] magisterial district judge shall be
8 authenticated therewith. There shall be engraved on the seal
9 such inscription as may be specified by general rule. A
10 facsimile or preprinted seal may be used for all purposes in
11 lieu of the original seal.
12 § 1513. Powers of [district justices] magisterial district
13 judges.
14 Every [district justice] magisterial district judge shall
15 have power to issue every lawful process to or to be served or
16 enforced by system and related personnel and to make such lawful
17 orders as his official business may require. A [district
18 justice] magisterial district judge may take affidavits and
19 acknowledgments outside his magisterial district but within this
20 Commonwealth.
21 § 1514. Offices.
22 The governing body of the county shall establish an office or
23 offices for each [district justice] magisterial district judge
24 at such locations within the county as may be approved by the
25 president judge of the court of common pleas of the judicial
26 district in compliance with general rules.
27 § 1515. Jurisdiction and venue.
28 (a) Jurisdiction.--Except as otherwise prescribed by general
29 rule adopted pursuant to section 503 (relating to reassignment
30 of matters), [district justices] magisterial district judges
20030S0904B1905 - 23 -
1 shall, under procedures prescribed by general rule, have
2 jurisdiction of all of the following matters:
3 (1) Summary offenses, except those arising out of the
4 same episode or transaction involving a delinquent act for
5 which a petition alleging delinquency is filed under Chapter
6 63 (relating to juvenile matters).
7 (2) Matters arising under the act of April 6, 1951
8 (P.L.69, No.20), known as The Landlord and Tenant Act of
9 1951, which are stated therein to be within the jurisdiction
10 of a [district justice] magisterial district judge.
11 (3) Civil claims, except claims against a Commonwealth
12 party as defined by section 8501 (relating to definitions),
13 wherein the sum demanded does not exceed $8,000, exclusive of
14 interest and costs, in the following classes of actions:
15 (i) In assumpsit, except cases of real contract
16 where the title to real estate may be in question.
17 (ii) In trespass, including all forms of trespass
18 and trespass on the case.
19 (iii) For fines and penalties by any government
20 agency.
21 A plaintiff may waive a portion of his claim of more than
22 $8,000 so as to bring the matter within the monetary
23 jurisdiction of a district justice. Such waiver shall be
24 revoked automatically if the defendant appeals the final
25 order of the [district justice] magisterial district judge or
26 when the judgment is set aside upon certiorari.
27 (4) As commissioners to preside at arraignments, fix and
28 accept bail, except for offenses under 18 Pa.C.S. §§ 2502
29 (relating to murder) and 2503 (relating to voluntary
30 manslaughter) for which the fixing and accepting of bail
20030S0904B1905 - 24 -
1 shall be performed by any judge of any court of common pleas,
2 and to issue warrants and perform duties of a similar nature,
3 including the jurisdiction of a committing magistrate in all
4 criminal proceedings.
5 (5) Offenses under 75 Pa.C.S. § 3731 (relating to
6 driving under influence of alcohol or controlled substance),
7 if the following criteria are met:
8 (i) The offense is the first offense by the
9 defendant under such provision in this Commonwealth.
10 (ii) No personal injury (other than to the defendant
11 or the immediate family of the defendant) resulted from
12 the offense.
13 (iii) The defendant pleads guilty.
14 (iv) No property damage in excess of $500 other than
15 to the defendant's property resulted from the violation.
16 (v) The defendant is not subject to the provisions
17 of Chapter 63 (relating to juvenile matters).
18 (vi) The arresting authority shall cause to be
19 transmitted a copy of the charge of any violation of 75
20 Pa.C.S. § 3731 to the office of the clerk of the court of
21 common pleas within five days after the preliminary
22 arraignment.
23 In determining that the above criteria are met the [district
24 justice] magisterial district judge shall rely on the
25 certification of the arresting authority. Certification that
26 the criteria are met need not be in writing. Within ten days
27 after the disposition, the district justice shall certify the
28 disposition to the office of the clerk of the court of common
29 pleas in writing.
30 (6) (i) Offenses under Title 18 (crimes and offenses),
20030S0904B1905 - 25 -
1 Title 30 (fish) and Title 35 (health and safety) which
2 are classified as misdemeanors of the third degree, if
3 the following criteria are met:
4 (A) The misdemeanor is not the result of a
5 reduced charge.
6 (B) Any personal injury or property damage is
7 less than $500.
8 (C) The defendant pleads guilty.
9 (D) The defendant is not subject to the
10 provisions of Chapter 63.
11 (ii) Subparagraph (i) shall not apply to any offense
12 under the following provisions of Title 18:
13 Section 4303 (relating to concealing death of
14 child born out of wedlock).
15 Section 4321 (relating to willful separation or
16 nonsupport).
17 Section 5103 (relating to unlawfully listening
18 into deliberations of jury).
19 (6.1) All offenses under Title 34 (relating to game).
20 (7) Matters jurisdiction of which is vested in [district
21 justices] magisterial district judges by any statute.
22 (b) Venue and process.--The venue of a [district justice]
23 magisterial district judge concerning matters over which
24 jurisdiction is conferred by subsection (a) shall be as
25 prescribed by general rule. The process of the [district
26 justice] magisterial district judge shall extend beyond the
27 territorial limits of the magisterial district to the extent
28 prescribed by general rule.
29 § 1516. Lien of judgment.
30 A judgment of a [district justice] magisterial district judge
20030S0904B1905 - 26 -
1 shall not operate as a lien on real property until a transcript
2 of the record showing a final judgment of a [district justice]
3 magisterial district judge has been filed in the manner
4 prescribed by general rules in the office of the clerk of the
5 court of common pleas of the county where the property is
6 situated, or in the office of the clerk of the branch of the
7 court of common pleas embracing such county. After such entry
8 the judgment shall, from the date of such entry, be a lien upon
9 real property to the same extent that judgment recovered in the
10 court of common pleas is a lien. No such transcript shall be
11 filed until after 30 days after the entry of final judgment by
12 the district justice. No execution against real estate shall be
13 issued by a [district justice] magisterial district judge.
14 § 1520. Adjudication alternative program.
15 (a) General rule.--Except for cases charging offenses under
16 Titles 75 (relating to vehicles) and 34 (relating to game), the
17 [district justice] magisterial district judge may, upon hearing
18 the facts of a case, admit to an appropriate adjudication
19 alternative authorized by this section persons charged with
20 summary offenses. The defendant shall not be required to plead
21 guilty to be accepted by the district justice into the program.
22 Acceptance of participation in an alternative authorized by this
23 section shall be considered a first conviction for the purpose
24 of computing whether a subsequent conviction of an offense shall
25 be considered a second or subsequent conviction.
26 (b) Public service programs and other adjudication
27 alternatives.--A [district justice] magisterial district judge
28 may, in lieu of making a disposition, place an offender in an
29 appropriate program in which a public service or charitable
30 agency or organization or political subdivision agrees to assume
20030S0904B1905 - 27 -
1 supervisory responsibility for the offender. The program in
2 general shall be approved by the court of common pleas having
3 supervision over that magisterial district. This program may
4 include work, counseling, public service, job training,
5 education or other appropriate community service or self-
6 improvement. The placement authorized by the [district justice]
7 magisterial district judge shall be appropriate to the offense
8 charged and in the best interests of the community and the
9 offender. The conditions of the program may include the
10 imposition of costs and restitution, the imposition of a
11 reasonable charge relating to the expense of administering the
12 program and any other conditions agreed to by the offender.
13 (c) Completion of program.--The [district justice]
14 magisterial district judge shall provide written notice to the
15 public service or charitable agency or organization or political
16 subdivision of the placement of the offender. Upon notification,
17 the public service or charitable agency or organization or
18 political subdivision shall, as a condition to agreeing to
19 accept responsibility for supervision of the offender, make
20 periodic reports on the fulfillment of the conditions and a
21 final report upon the completion of the appropriate adjudication
22 alternative as required by the supervising [district justice]
23 magisterial district judge. The [district justice] magisterial
24 district judge shall dismiss the charges and shall relieve the
25 offender of the obligation to pay any fine or serve any sentence
26 of imprisonment upon the successful completion of the program.
27 (d) Refusal to accept or complete program.--If the offender
28 refuses to accept the conditions required by the [district
29 justice] magisterial district judge or fails to complete the
30 program without good cause or violates any condition of the
20030S0904B1905 - 28 -
1 program without good cause, the [district justice] magisterial
2 district judge shall proceed on the charges as provided by law.
3 (e) Immunity.--A [district justice] magisterial district
4 judge and any public service or charitable agency or
5 organization or political subdivision supervising or
6 administering a public service program under this section shall
7 be immune from any civil action for damages brought by a person
8 admitted to this program. Nothing in this section shall be
9 construed to limit or otherwise affect or preclude liability
10 resulting from gross negligence or intentional misconduct.
11 Reckless, willful or wanton misconduct constitutes gross
12 negligence.
13 (f) Definition.--As used in this section, the term
14 ["district justice"] "magisterial district judge" includes a
15 judge of the Pittsburgh Magistrates Court.
16 § 1522. Notice of summary cases involving juveniles.
17 (a) General rule.--Whenever an individual who is under 18
18 years of age and is not emancipated is charged with a summary
19 offense for which jurisdiction is vested in a [district justice]
20 magisterial district judge under section 1515 (relating to
21 jurisdiction and venue), the [district justice] magisterial
22 district judge shall mail a copy of the citation, or other
23 appropriate written notification, to the parents or legal
24 guardians of the individual at the time of the filing of the
25 citation if the parents or legal guardians have not been
26 previously notified by the police. Where the individual is not
27 residing with a parent or legal guardian, the copy of the
28 citation, or other appropriate written notification, shall be
29 sent to the person with whom the individual resides if a
30 verifiable address is available. In such cases a [district
20030S0904B1905 - 29 -
1 justice] magisterial district judge shall not accept a plea or
2 schedule a hearing before 72 hours has lapsed from the time of
3 the mailing of the notice as required under this section.
4 Failure to provide notice under this section shall not
5 constitute grounds for dismissal of the summary offense.
6 * * *
7 (c) Identification of juveniles.--Pennsylvania State Police
8 and local police shall assist [district justices] magisterial
9 district judges in complying with the requirements of this
10 section by indicating, through conspicuous notation on
11 citations, that the offense was committed by a juvenile and
12 whether the police have notified the parents or legal guardian.
13 § 1523. Parental or legal guardian attendance required at
14 juvenile hearings.
15 (a) Order to attend.--In summary proceedings before a
16 [district justice] magisterial district judge or judge of the
17 minor judiciary involving any individual who is under 18 years
18 of age and is not emancipated, the [district justice]
19 magisterial district judge or judge of the minor judiciary may,
20 when the [district justice] magisterial district judge or judge
21 of the minor judiciary determines that it is in the best
22 interest of the child, issue an order specifically requiring the
23 parent or legal guardian or other person with whom the child
24 resides, if other than the parent or guardian, to be present and
25 ready to participate in the proceedings with the juvenile. No
26 later than ten days before such proceedings, the [district
27 justice] magisterial district judge or judge of the minor
28 judiciary shall send a notice of the order to the parent or
29 legal guardian or person with whom the child resides if other
30 than the parent or guardian. Nothing in this subsection shall be
20030S0904B1905 - 30 -
1 construed to vest in either the individual who is under 18 years
2 of age and is not emancipated to require participation under
3 this subsection or the parent, legal guardian or other person
4 with whom such individual resides the right to participate under
5 this subsection.
6 (b) Contempt.--A person failing to comply with an order of
7 participation may be found in contempt of court as outlined in
8 section 4137 (relating to contempt powers of [district justices]
9 magisterial district judges).
10 (c) Bench warrant.--The [district justice] magisterial
11 district judge or judge of the minor judiciary shall issue a
12 bench warrant for any parent, guardian or person with whom the
13 child resides, if other than the parent or guardian, who fails
14 to appear at any proceedings. The [district justice] magisterial
15 district judge or judge of the minor judiciary may waive any
16 fine or other punishment if the person is found to be present
17 and ready to participate in the proceedings with the juvenile
18 after a bench warrant is issued.
19 § 1602. Composition of court.
20 (a) General rule.--The Court of Judicial Discipline shall
21 consist of:
22 (1) Two judges of the Superior Court, the Commonwealth
23 Court or the courts of common pleas in regular active service
24 appointed by the Supreme Court.
25 (2) A [district justice] magisterial district judge
26 appointed by the Supreme Court.
27 (3) A nonlawyer elector appointed by the Supreme Court.
28 (4) A judge of the Superior Court, the Commonwealth
29 Court or the courts of common pleas in regular active service
30 appointed by the Governor.
20030S0904B1905 - 31 -
1 (5) Two nonjudge members of the bar of this Commonwealth
2 appointed by the Governor.
3 (6) One nonlawyer elector appointed by the Governor.
4 (b) Qualifications.--All members of the court must be
5 residents of this Commonwealth. No more than two of the four
6 members appointed by the Supreme Court may be registered in the
7 same political party. No more than two of the four members
8 appointed by the Governor may be registered in the same
9 political party. Membership of a judge or [district justice]
10 magisterial district judge shall terminate if the member ceases
11 to hold the judicial position that qualified the member for the
12 appointment. Membership shall terminate if a member attains a
13 position that would have rendered the member ineligible for
14 appointment at the time of the appointment. No member may serve
15 more than four consecutive years but may be reappointed after a
16 lapse of one year.
17 * * *
18 § 1722. Adoption of administrative and procedural rules.
19 (a) General rule.--The governing authority shall have the
20 power to prescribe and modify general rules governing:
21 (1) Practice, procedure and the conduct of all courts,
22 [district justices] magisterial district judges and all
23 officers serving process or enforcing orders of any court or
24 [district justice] magisterial district judge and for
25 admission to the bar and to practice law, and the
26 administration of all courts and the supervision of all
27 officers of the judicial branch, if such rules are consistent
28 with the Constitution of Pennsylvania and neither abridge,
29 enlarge nor modify the substantive rights of any litigant,
30 nor affect the right of the General Assembly to determine the
20030S0904B1905 - 32 -
1 jurisdiction of any court or district justice, nor suspend
2 nor alter any statute of limitation or repose. All statutes
3 shall be suspended to the extent that they are inconsistent
4 with rules prescribed under this paragraph.
5 (2) The prescription of canons of ethics applicable to
6 judges and [district justices] magisterial district judges
7 and the prescription of rules or canons applicable to the
8 activities of all other personnel of the system.
9 (3) Procedure under section 18 of Article V of the
10 Constitution of Pennsylvania.
11 (4) Procedure under section 18 of Article V of the
12 Constitution of Pennsylvania for the suspension, removal,
13 discipline and compulsory retirement of [district justices]
14 magisterial district judges.
15 (5) Any matter which is specifically authorized by
16 statute to be governed by general rules.
17 A governing authority other than the Supreme Court shall not
18 have power to prescribe general rules for assignment or
19 reassignment of classes of matters among the several courts and
20 [district justices] magisterial district judges under section
21 503 (relating to reassignment of matters) or otherwise.
22 * * *
23 § 1723. General supervisory and administrative authority.
24 The governing authority shall exercise general supervisory
25 and administrative authority over all courts and [district
26 justices] magisterial district judges.
27 § 1725. Establishment of fees and charges.
28 * * *
29 (d) Counties of the second class.--In counties of the second
30 class, the prothonotary and the clerk of the orphans' court
20030S0904B1905 - 33 -
1 division shall set apart from the fees fixed in this subsection
2 or under any other statute and collected by them on the
3 following actions, proceedings and appeals and remit monthly the
4 total collected to the county treasurer for the exclusive use
5 and benefit of the public law library in the county:
6 * * *
7 (2) The sum of $1 for appeals that are filed with or are
8 to be heard by the court of common pleas which appeals are
9 not specifically set forth in paragraph (1), including, but
10 not limited to, appeals from [district justices] magisterial
11 district judges, the Pittsburgh Magistrates Court and the
12 Traffic Court of Pittsburgh.
13 * * *
14 (4) The sum of $1 for certiorari to [district justices]
15 magisterial district judges and the Pittsburgh Magistrates
16 Court and the Traffic Court of Pittsburgh.
17 * * *
18 § 1725.1. Costs.
19 (a) Civil cases.--Subject to subsection (f), the costs to be
20 charged by [district justices] magisterial district judges in
21 every civil case, except as otherwise provided in this section,
22 shall be as follows:
23 (1) Actions involving $500 or less........ $30.00
24 (2) Actions involving more than $500 but
25 not more than $2,000........................... $40.00
26 (3) Actions involving more than $2,000 but
27 not more than $4,000........................... $50.00
28 (4) Actions involving more than $4,000 but
29 not more than $8,000........................... $75.00
30 (5) Landlord-tenant actions involving less
20030S0904B1905 - 34 -
1 than $2,000.................................... $45.00
2 (6) Landlord-tenant actions involving more
3 than $2,000 but not more than $4,000........... $55.00
4 (7) Landlord-tenant actions involving more
5 than $4,000 but not more than $8,000........... $75.00
6 (8) Order of execution.................... $22.50
7 (9) Objection to levy..................... $10.00
8 (10) Reinstatement of complaint........... $ 5.00
9 Such costs shall include all charges except the costs of a
10 [district justice's] magisterial district judge's transcript of
11 every proceeding on appeal or certiorari (including affidavit
12 and certificate) which shall be $2.50 per transcript. Said costs
13 shall not include, however, the cost of postage and registered
14 mail which shall be borne by the plaintiff.
15 * * *
16 (b) Criminal cases.--Subject to subsection (f), the costs to
17 be charged by the minor judiciary or by the court of common
18 pleas where appropriate in every criminal case, except as
19 otherwise provided in this section, shall be as follows:
20 (1) Summary conviction, except motor
21 vehicle cases.................................. $28.50
22 (2) Summary conviction, motor vehicles
23 cases, other than paragraph (3)................ $22.50
24 (3) Summary conviction, motor vehicle
25 cases, hearing demanded........................ $27.50
26 (4) Misdemeanor........................... $32.50
27 (5) Felony................................ $37.50
28 Such costs shall include all charges including the costs of
29 giving a [district justice's] magisterial district judge's
30 transcript to the prosecutor or defendant, or both, if
20030S0904B1905 - 35 -
1 requested. Such costs shall not include, however, the cost of
2 postage and registered mail which shall be paid by the defendant
3 upon conviction.
4 * * *
5 § 1728. Recognition of related organizations.
6 (a) General rule.--The governing authority shall have power
7 on application to identify the several conferences or
8 associations which are the most broadly representative of each
9 of the following groups:
10 (1) Judges of the courts of common pleas, community
11 courts and Philadelphia Municipal Court.
12 (2) [District justices] Magisterial district judges.
13 (3) Members of the bar of this Commonwealth.
14 If the governing authority shall approve the organic law of the
15 conference or association insofar as it relates to matters
16 affecting the system, the governing authority may by general
17 rule designate the applicant as the recognized conference or
18 association of such group for the purposes of this title and any
19 other provision of law.
20 * * *
21 § 1903. Staff.
22 The Supreme Court may appoint such subordinate administrators
23 and staff as may be necessary and proper for the prompt and
24 proper disposition of the business of all courts and [district
25 justices] magisterial district judges.
26 § 2102. Composition of board.
27 (a) General rule.--The Judicial Conduct Board shall consist
28 of:
29 (1) A judge of the Superior Court or the Commonwealth
30 Court in regular active service appointed by the Supreme
20030S0904B1905 - 36 -
1 Court.
2 (2) A [district justice] magisterial district judge, who
3 need not be a member of the bar of this Commonwealth,
4 appointed by the Supreme Court.
5 (3) A nonjudge member of the bar of this Commonwealth
6 appointed by the Supreme Court.
7 (4) Three nonlawyer electors appointed by the Supreme
8 Court.
9 (5) A judge of the courts of common pleas in regular
10 active service appointed by the Governor.
11 (6) Two nonjudge members of the bar of this Commonwealth
12 appointed by the Governor.
13 (7) Three nonlawyer electors appointed by the Governor.
14 (b) Qualifications.--All members of the board must be
15 residents of this Commonwealth. No more than three of the six
16 members appointed by the Supreme Court may be registered in the
17 same political party. No more than three of the six members
18 appointed by the Governor may be registered in the same
19 political party. Membership of a judge or [district justice]
20 magisterial district judge shall terminate if the member ceases
21 to hold the judicial position that qualified the member for the
22 appointment. Membership shall terminate if a member attains a
23 position that would have rendered the member ineligible for
24 appointment at the time of the appointment. No member may serve
25 more than four consecutive years but may be reappointed after a
26 lapse of one year.
27 * * *
28 § 2132. Composition of board.
29 (a) General rule.--The Minor Judiciary Education Board shall
30 consist of the following appointed by the Governor. Appointments
20030S0904B1905 - 37 -
1 made after the effective date of this amendatory act shall
2 require the consent of a majority of the members elected to the
3 Senate:
4 (1) Three persons who shall be judges of the Pittsburgh
5 Magistrates Court or the Traffic Court of Philadelphia or
6 [district justices] magisterial district judges.
7 * * *
8 § 2301. Appointment of personnel.
9 (a) General rule.--Subject to any inconsistent general rules
10 or statutory provisions each:
11 (1) Judge and [district justice] magisterial district
12 judge may appoint and fix the duties of necessary personal
13 staff.
14 * * *
15 § 2502. Certain persons not to appear as counsel.
16 (a) General rule.--Except as otherwise prescribed by general
17 rule, an attorney at law who is an employee of a court shall not
18 appear as counsel in such court. An attorney at law shall not
19 appear in any court or in any matter in violation of any general
20 rule relating to the practice of law or the conduct of courts,
21 [district justices] magisterial district judges and officers
22 serving process or enforcing orders of courts.
23 * * *
24 § 2942. Conduct and insurance.
25 * * *
26 (f) Conduct.--While a constable or deputy constable is
27 performing duties other than judicial duties, regardless of
28 whether or not he is certified under this subchapter, he shall
29 not in any manner hold himself out to be active as an agent,
30 employee or representative of any court, [district justice]
20030S0904B1905 - 38 -
1 magisterial district judge or judge.
2 § 2943. Board established.
3 * * *
4 (b) Composition.--The board shall be composed of the
5 Pennsylvania State Police Commissioner or his designee and six
6 other members appointed by the Governor with the consent of a
7 majority of the members of the Senate:
8 * * *
9 (2) One person who shall be a [district justice]
10 magisterial district judge.
11 * * *
12 § 2949. Restricted account.
13 * * *
14 (b) Surcharge.--There is hereby assessed as a cost in each
15 case before a [district justice] magisterial district judge a
16 surcharge of $5 per docket number in each criminal case and $5
17 per named defendant in each civil case in which a constable or
18 deputy constable performs a service provided in this subchapter,
19 except that no county shall be required to pay this surcharge on
20 behalf of any indigent or other defendant in a criminal case.
21 * * *
22 § 2950. Fees.
23 * * *
24 (g) Criminal cases.--Fees in criminal cases shall be as
25 follows:
26 * * *
27 (9) For holding one or more defendants at the office of
28 [the district justice] a magisterial district judge, $10 per
29 hour beyond the first half hour.
30 * * *
20030S0904B1905 - 39 -
1 (11) For fingerprinting or overseeing the fingerprinting
2 of defendants at the direction of [the district justice] a
3 magisterial district judge, $10 per defendant, plus $10 per
4 hour beyond the first half hour.
5 * * *
6 § 3101. Qualifications of judicial officers generally.
7 (a) General rule.--Judges and [district justices]
8 magisterial district judges shall be citizens of this
9 Commonwealth. Judges, except judges of the Pittsburgh
10 Magistrates Court and the Traffic Court of Philadelphia, shall
11 be members of the bar of this Commonwealth. Judges of the
12 Supreme, Superior and Commonwealth Courts, for a period of one
13 year preceding their election or appointment and during their
14 continuance in office, shall reside within this Commonwealth.
15 Other judges and [district justices] magisterial district
16 judges, for a period of one year preceding their election or
17 appointment and during their continuance in office, shall reside
18 within their respective districts, except when temporarily
19 assigned to another district pursuant to law. Judges and
20 [district justices] magisterial district judges shall be at
21 least 21 years of age.
22 * * *
23 § 3112. Course of instruction and examination required.
24 [District justices] Magisterial district judges, bail
25 commissioners and judges who are not members of the bar of this
26 Commonwealth shall complete a course of training and instruction
27 in the duties of their respective offices and pass an
28 examination prior to assuming office.
29 § 3113. Content of course of instruction and examination.
30 (a) General rule.--The board shall prescribe and approve the
20030S0904B1905 - 40 -
1 subject matter and the examination for the course of training
2 and instruction required by this subchapter. The Administrative
3 Office shall, subject to the direction of the board, administer
4 the course of training and instruction and conduct the
5 examination. The Administrative Office shall conduct the course
6 and examination at such times, at such places and in such manner
7 as the regulations of the board may prescribe. The board shall
8 make the course of instruction available at such times so as to
9 insure that any [district justice] magisterial district judge,
10 bail commissioner or judge elected or appointed may qualify to
11 assume office as soon as possible.
12 * * *
13 § 3114. Admission of interested persons.
14 In addition to those required by this subchapter to complete
15 the course of training and instruction and successfully pass an
16 examination prior to assuming office, any interested person may
17 apply to the Administrative Office to be enrolled in the course
18 of instruction and take the examination. Any such interested
19 person who successfully completes the course and passes the
20 examination, and who subsequently is elected or appointed to the
21 office of [district justice] magisterial district judge, bail
22 commissioner or judge may secure a certificate from the
23 Administrative Office as provided in section 3115 (relating to
24 certification of successful completion of course) without again
25 taking the course of training and instruction and passing the
26 examination required by this subchapter.
27 § 3115. Certification of successful completion of course.
28 Upon the successful completion of the course of training and
29 instruction and examination, the Administrative Office shall
30 issue to a person elected or appointed as a [district justice]
20030S0904B1905 - 41 -
1 magisterial district judge, bail commissioner or judge a
2 certificate in the form prescribed by the board, certifying that
3 such person is qualified to perform his duties as required by
4 the Constitution of Pennsylvania. Such certificate shall be
5 filed in the office of the clerk of the court of common pleas of
6 the judicial district embracing the district to be served by the
7 [district justice] magisterial district judge, bail commissioner
8 or judge.
9 § 3116. Effect of failure to obtain certificate.
10 In the event that any [district justice] magisterial district
11 judge or judge fails to file the certificate provided for by
12 section 3115 (relating to certification of successful completion
13 of course) in the manner therein provided within nine months
14 after [his] the magisterial district judge's or judge's election
15 or appointment, [his] that office shall become vacant, and such
16 vacancy shall be filled as provided in this chapter.
17 § 3118. Continuing education requirement.
18 (a) [District justices] Magisterial district judges.--Every
19 [district justice] magisterial district judge shall complete a
20 continuing education program each year equivalent to not less
21 than 32 hours per year in such courses or programs as are
22 approved by the board. If a [district justice] magisterial
23 district judge fails to meet these continuing education
24 requirements, such [justice] judge shall be subject to
25 suspension by the Supreme Court until such time as evidence of
26 compliance with such requirements is submitted by the board, but
27 in no event longer than six months at which time the failure to
28 meet the continuing education requirements shall be grounds for
29 the Supreme Court, after a hearing, to declare a vacancy in that
30 district.
20030S0904B1905 - 42 -
1 * * *
2 § 3131. Selection of judicial officers for regular terms.
3 (a) Judges and [district justices] magisterial district
4 judges generally.--Except as provided in subsection (d) judges
5 and [district justices] magisterial district judges shall be
6 elected for a regular term of office at the municipal election
7 next preceding the commencement of their respective regular
8 terms of office by the electors of this Commonwealth or the
9 respective districts in which they are to serve. A candidate for
10 judge or [district justice] magisterial district judge shall not
11 be placed upon a ballot in any primary or municipal election
12 unless that person will meet the qualifications set forth in
13 section 3101 (relating to qualifications of judicial officers
14 generally) as of the beginning of the term of office for which
15 the candidate runs.
16 * * *
17 (c) Other elections.--Except as provided in subsection (b)
18 judges and [district justices] magisterial district judges shall
19 be elected as provided in the act of June 3, 1937 (P.L.1333,
20 No.320), known as the "Pennsylvania Election Code."
21 * * *
22 § 3132. Vacancies in office.
23 (a) General rule.--Except as provided in subsection (b), a
24 vacancy in the office of judge or [district justice] magisterial
25 district judge shall be filled by appointment by the Governor.
26 The appointment shall be with the advice and consent of two-
27 thirds of the members elected to the Senate, except in the case
28 of [district justices] magisterial district judges which shall
29 be by a majority. The person so appointed shall serve for a term
30 ending on the first Monday of January following the next
20030S0904B1905 - 43 -
1 municipal election more than ten months after the vacancy occurs
2 or for the remainder of the unexpired term whichever is less.
3 * * *
4 § 3132.1. Reappointment of [district justice] magisterial
5 district judge.
6 Notwithstanding any provisions of this title to the contrary,
7 a [district justice] magisterial district judge who resigns from
8 office may not be reappointed to [his or her] the unexpired
9 term.
10 § 3152. Tenure of judicial officers.
11 (a) Judges and [district justices] magisterial district
12 judges.--The regular term of office of judges and [district
13 justices] magisterial district judges shall be as follows:
14 (1) Judges of the Philadelphia Municipal Court and the
15 Traffic Court of Philadelphia--Six years.
16 (2) Judges of the Pittsburgh Magistrates Court--Four
17 years.
18 (3) All other judges--Ten years.
19 (4) [District justices] Magisterial district judges--Six
20 years.
21 (b) Effect of changes.--The tenure of any judge or [district
22 justice] magisterial district judge shall not be affected by
23 changes in judicial or magisterial districts or by reduction in
24 the number of judges or magisterial districts. Where a
25 multicounty judicial district is divided by statute into two or
26 more districts or where a county is transferred by statute from
27 one judicial district to another, a judge shall continue to be
28 or shall become a judge of that judicial district which embraces
29 the county of [his] that person's residence at the effective
30 date of the change. Where the boundaries of a magisterial
20030S0904B1905 - 44 -
1 district are revised pursuant to section 1503 (relating to
2 reestablishment of districts) a [district justice] magisterial
3 district judge shall continue to be or shall become a [district
4 justice] magisterial district judge of the magisterial district
5 in which [he] that person resides at the effective date of the
6 change.
7 * * *
8 § 3302. Additional restrictions.
9 [Judges] A judge shall not engage in any activity prohibited
10 by this subchapter or any other provision of law and shall not
11 violate any canon of ethics prescribed by general rule. A
12 [district justice] magisterial district judge shall devote the
13 time necessary for the prompt and proper disposition of the
14 business of [his] that office, which shall be given priority
15 over any other occupation, business, profession, pursuit or
16 activity. [He] A magisterial district judge shall not use or
17 permit the use of the premises established for the disposition
18 of [his] magisterial business for any other occupation,
19 business, profession or gainful pursuit. A [district justice]
20 magisterial district judge shall not hold any other elected or
21 appointed public office in this Commonwealth. [District
22 justices] A magisterial district judge and an appointive
23 judicial [officers] officer shall be governed by rules or canons
24 prescribed by general rule.
25 § 3304. Acting as collection agent or paid arbitrator
26 prohibited.
27 (a) Collection agent.--No judge or [district justice]
28 magisterial district judge shall act as agent for a person in
29 the collection of a claim or judgment for money.
30 (b) Arbitrator.--No judge or [district justice] magisterial
20030S0904B1905 - 45 -
1 district judge shall receive any fee or emolument for performing
2 the duties of an arbitrator.
3 § 3305. Automatic removal upon conviction or disbarment.
4 A judge or [district justice] magisterial district judge
5 convicted of misbehavior in office by a court, disbarred as a
6 member of the bar of this Commonwealth or removed under
7 Subchapter C (relating to discipline and removal of judges)
8 shall forfeit automatically his judicial office and thereafter
9 be ineligible for judicial office.
10 § 3307. Automatic suspension of judicial officer under
11 impeachment.
12 No judge or [district justice] magisterial district judge
13 against whom impeachment proceedings are pending in the Senate
14 shall exercise any of the duties of his office until he shall
15 have been acquitted.
16 § 3321. Establishment of community courts.
17 (a) General rule.--In a judicial district which establishes
18 a community court, a person serving as a [district justice]
19 magisterial district judge at such time:
20 (1) may complete his term exercising the jurisdiction
21 provided or prescribed by law and with the compensation
22 provided by or pursuant to statute; and
23 (2) upon completion of his term, his office is abolished
24 and no judicial function of the kind theretofore exercised by
25 a [district justice] magisterial district judge shall
26 thereafter be exercised other than by the community court.
27 * * *
28 § 3322. Discontinuance of community courts.
29 (a) General rule.--In a judicial district which discontinues
30 a community court, a person serving as a judge of the community
20030S0904B1905 - 46 -
1 court at such time:
2 (1) may complete his term exercising the jurisdiction
3 provided or prescribed by law and with the compensation
4 provided by or pursuant to statute; and
5 (2) upon completion of his term, his office is abolished
6 and no judicial function of the kind theretofore exercised by
7 the community court shall thereafter be exercised other than
8 by the court of common pleas and the [district justices]
9 magisterial district judges of the judicial district.
10 * * *
11 § 3331. Power of discipline or removal.
12 * * *
13 (b) [District justices] Magisterial district judges.--The
14 suspension, removal, discipline and compulsory retirement of
15 [district justices] magisterial district judges shall be
16 governed by general rule.
17 § 3351. Automatic retirement on age.
18 Judges and [district justices] magisterial district judges
19 shall be retired upon attaining the age of 70 years.
20 § 3352. Pension rights.
21 (a) General rule.--Former and retired judges and [district
22 justices] magisterial district judges shall receive such
23 compensation as shall be provided by or pursuant to statute. No
24 salary, retirement benefit or other compensation shall be paid
25 to any judge or [district justice] magisterial district judge
26 who is suspended or removed from office under section 18 of
27 Article V or under Article VI of the Constitution of
28 Pennsylvania.
29 (b) Definition.--As used in this section "former" means a
30 judge or [district justice] magisterial district judge serving
20030S0904B1905 - 47 -
1 by appointment or election who vacates his office upon the
2 expiration of his term or who resigns his office.
3 Section 15. The definitions of "budget respondent" and
4 "judicial and related functions" in section 3501 of Title 42 are
5 amended to read:
6 § 3501. Definitions.
7 Subject to additional definitions contained in subsequent
8 provisions of this part which are applicable to specific
9 provisions of this part, the following words and phrases when
10 used in this part shall have, unless the context clearly
11 indicates otherwise, the meanings given to them in this section:
12 * * *
13 "Budget respondent." The courts, [district justices]
14 magisterial district judges, other agencies or units of the
15 unified judicial system, the Director of Finance of the City of
16 Philadelphia, the county controllers or county auditors of other
17 counties of this Commonwealth, the Treasurer of the City of
18 Pittsburgh, and any other government unit from which the
19 Administrative Office is authorized to obtain information
20 relating to the budget of the Judicial Department.
21 "Judicial and related functions." All functions relating to
22 the organization and operation of courts and [district justices]
23 magisterial district judges and all offices of system and
24 related personnel. The term does not include any function
25 relating to the detection of crime, the apprehension of persons
26 suspected of criminal conduct (except in connection with the
27 enforcement of bench warrants, injunctions or other judicial
28 orders in specific matters), the maintenance of public peace or
29 other police functions or penal and correctional functions.
30 Section 16. Sections 3532, 3571(c)(1), 3733(a.1)(1)(iv) and
20030S0904B1905 - 48 -
1 4101 of Title 42 are amended to read:
2 § 3532. Expenses.
3 The Office of the Court Administrator of Pennsylvania shall
4 pay the annual registration fee of $200 to the Special Court
5 Judges of Pennsylvania Association for each [district justice]
6 magisterial district judge, Philadelphia Municipal Court Judge
7 and Philadelphia Traffic Court Judge position authorized as of
8 January 31 of each year. Payment shall be made on the first day
9 of a new fiscal year including July 1, 1988. In addition the
10 Office of the Court Administrator of Pennsylvania shall pay the
11 annual cost for the publishing of a monthly journal containing
12 the update and revision of laws and State Supreme Court rule
13 changes. Except for the funding of the publication of the
14 monthly journal which shall be a direct cost of the Office of
15 the Court Administrator of Pennsylvania, all other funding for
16 the other expenses set forth in this section shall come from the
17 annual appropriation made to the [district justices] magisterial
18 district judges.
19 § 3571. Commonwealth portion of fines, etc.
20 * * *
21 (c) Costs in [district justice] magisterial district judge
22 proceedings.--
23 (1) Costs collected by a [district justice] magisterial
24 district judge shall be transmitted monthly to the
25 Commonwealth in amounts as prescribed in subsection (b) and
26 the balance shall be transmitted monthly to the county in
27 which the magisterial district is located. Costs transmitted
28 to the Commonwealth shall be credited to the General Fund.
29 Costs transmitted to the county shall be retained by the
30 county for its use.
20030S0904B1905 - 49 -
1 * * *
2 § 3733. Deposits into account.
3 * * *
4 (a.1) Additional fees.--
5 (1) In addition to the court costs and filing fees
6 authorized to be collected by statute:
7 * * *
8 (iv) An additional fee of $10 shall be charged and
9 collected by the minor judiciary, including [district
10 justices] magisterial district judges, Philadelphia
11 Municipal Court, Philadelphia Traffic Court and
12 Pittsburgh Magistrates Court, for the initiation of a
13 legal proceeding for which a fee or cost is now
14 authorized, except that in criminal, summary and traffic
15 matters the fee shall be charged only when a conviction
16 is obtained or guilty plea is entered.
17 * * *
18 § 4101. Coordination of activities.
19 The several courts and [district justices] magisterial
20 district judges, all other system and related personnel,
21 executive agencies and political subdivisions shall devise a
22 practical and working basis for cooperation and coordination of
23 activities, facilitating the performance of their respective
24 duties and eliminating duplicating and overlapping of functions,
25 and shall, so far as practical, cooperate with each other in the
26 use of employees, land, buildings, quarters, facilities,
27 services and equipment. Any agency or unit of the unified
28 judicial system may empower or require an employee of any other
29 government unit, subject to the consent of such other government
30 unit, to perform any duty which might be required by such agency
20030S0904B1905 - 50 -
1 or unit of the system of its own employees, and any other
2 government unit may empower or require an employee of any agency
3 or unit of the system, subject to the consent of such agency or
4 unit of the system, to perform any duty which might be required
5 by such other government unit of its own employees.
6 Section 17. The heading of Subchapter B of Chapter 41 of
7 Title 42 is amended to read:
8 SUBCHAPTER B
9 TEMPORARY ASSIGNMENT OF JUDGES AND [DISTRICT JUDGES]
10 MAGISTERIAL DISTRICT JUDGES
11 Section 18. Sections 4121(c), 4122, 4123, 4135(a), 4137(a),
12 (d) and (e), 5102, 5103(a), (b) and (d), 5105(a)(1), 5572,
13 5749(f), 5761, 6102, 6103(a), 6303(b), 8127(a)(3.2), 8151(a),
14 9702 and 9730(b) of Title 42 are amended to read:
15 § 4121. Assignment of judges.
16 * * *
17 (c) Exception.--Only a judge who is a member of the bar of
18 this Commonwealth shall be temporarily assigned to a court to
19 which only members of the bar of this Commonwealth may be
20 appointed or elected pursuant to section 3101 (relating to
21 qualifications of judicial officers generally). A judge of the
22 Pittsburgh Magistrates Court or the Traffic Court of
23 Philadelphia may be temporarily assigned to a magisterial
24 district with the same effect as an assignment pursuant to
25 section 4122 (relating to assignment of [district justices]
26 magisterial district judges).
27 § 4122. Assignment of [district justices] magisterial district
28 judges.
29 (a) General rule.--Subject to general rules any [district
30 justice] magisterial district judge may be temporarily assigned
20030S0904B1905 - 51 -
1 to any other magisterial district or the Pittsburgh Magistrates
2 Court or the Traffic Court of Philadelphia, and may there hear
3 and determine any matter with like effect as if duly
4 commissioned to sit in such other district or in such court.
5 (b) Senior [district justices] magisterial district
6 judges.--A senior [district justice] magisterial district judge
7 who shall not have been defeated for reelection or been
8 suspended or removed from office may, with [his] the senior
9 magisterial district judge's consent, be assigned on temporary
10 magisterial service pursuant to subsection (a). A senior
11 [district justice] magisterial district judge shall be paid a
12 per diem salary at the same annual rate as is applicable in the
13 district where [he] the senior magisterial district judge is
14 temporarily assigned and shall receive expenses at the same per
15 diem rate as other [justices] magisterial district judges
16 temporarily assigned.
17 (c) Additional compensation.--A [district justice]
18 magisterial district judge, assigned by the president judge of
19 the court of common pleas to perform additional duties for a
20 district other than the one in which [he] the magisterial
21 district judge is elected, shall be entitled to receive
22 additional compensation of $20 per day when [he] the magisterial
23 district judge performs assigned duties, except that no
24 additional compensation shall be allowed for routine duties
25 scheduled by the president judge of the court of common pleas.
26 Any assignment, compensable under this subsection, for which the
27 per diem exceeds $100 a calendar month shall be approved by the
28 Court Administrator of Pennsylvania.
29 § 4123. Assignment procedure.
30 The procedure for effecting temporary assignments of judges
20030S0904B1905 - 52 -
1 and [district justices] magisterial district judges, the kind,
2 amount and method of payment for travel, lodgings and
3 subsistence, and all other matters related to such temporary
4 assignments, shall be governed by general rules established by
5 the Supreme Court except as otherwise specifically provided.
6 § 4135. Publication out of court.
7 (a) General rule.--Publication out of court respecting the
8 conduct of judges, [district justices] magisterial district
9 judges, other system or related personnel, jurors or
10 participants in connection with any matter pending before any
11 tribunal shall not be construed as a contempt of court on the
12 part of the author, publisher or other person connected with
13 such publication.
14 * * *
15 § 4137. Contempt powers of [district justices] magisterial
16 district judges.
17 (a) General rule.--[District justices] A magisterial
18 district judge shall have the power to issue attachments and
19 impose summary punishments for criminal contempts of a [district
20 justice] magisterial district judge court in the following
21 cases:
22 (1) Misbehavior of any person in the presence of the
23 court, thereby obstructing the administration of justice.
24 (2) Failure of a person to obey lawful process in the
25 nature of a subpoena issued by a [district justice]
26 magisterial district judge.
27 (3) Failure to comply with an order of a [district
28 justice] magisterial district judge directing a defendant in
29 a criminal proceeding to compensate the victim of the
30 criminal conduct for the damage or injury sustained by the
20030S0904B1905 - 53 -
1 victim.
2 (4) Failure to comply with an order of a [district
3 justice] magisterial district judge directing a defendant in
4 a criminal proceeding to pay fines and costs in accordance
5 with an installment payment order.
6 (5) Violation of an order issued pursuant to 23 Pa.C.S.
7 § 6110 (relating to emergency relief by minor judiciary).
8 * * *
9 (d) Procedure.--A [district justice] magisterial district
10 judge shall have the power to issue an attachment by means of a
11 warrant and to conduct a hearing prior to the imposition of
12 punishment for contempt. Any punishment imposed by a [district
13 justice] magisterial district judge for contempt shall be
14 automatically stayed for a period of ten days from the date of
15 imposition of the punishment during which time an appeal of the
16 action of the [district justice] magisterial district judge may
17 be filed with the court of common pleas of the judicial
18 district. The stay shall remain in effect pending the
19 disposition of an appeal. Upon the filing of the appeal, the
20 court of common pleas shall hear the matter de novo. On appeal,
21 the accused shall have the right to be notified of the
22 accusation and shall have a reasonable time to make a defense.
23 The defendant shall not have a right to a jury trial on appeal.
24 (e) Bail.--A [district justice] magisterial district judge
25 may not impose bail as a condition of release of any person
26 accused of contempt specified in subsection (a)(1), (2) or (3)
27 during the period that punishment is stayed under subsection
28 (d). A [district justice] magisterial district judge may impose
29 bail as a condition of release of any person who has committed
30 contempt specified in subsection (a)(4) and (5).
20030S0904B1905 - 54 -
1 § 5102. Place and form of filing applications for relief.
2 Applications for relief to any court under section 5101
3 (relating to remedy to exist for legal injury) or under any
4 other provision of law, or documents relating to a matter before
5 a [district justice] magisterial district judge, shall be filed
6 in such office and in such form as may be prescribed by general
7 rule or rule of court.
8 § 5103. Transfer of erroneously filed matters.
9 (a) General rule.--If an appeal or other matter is taken to
10 or brought in a court or magisterial district of this
11 Commonwealth which does not have jurisdiction of the appeal or
12 other matter, the court or [district justice] magisterial
13 district judge shall not quash such appeal or dismiss the
14 matter, but shall transfer the record thereof to the proper
15 tribunal of this Commonwealth, where the appeal or other matter
16 shall be treated as if originally filed in the transferee
17 tribunal on the date when the appeal or other matter was first
18 filed in a court or magisterial district of this Commonwealth. A
19 matter which is within the exclusive jurisdiction of a court or
20 [district justice] magisterial district judge of this
21 Commonwealth but which is commenced in any other tribunal of
22 this Commonwealth shall be transferred by the other tribunal to
23 the proper court or magisterial district of this Commonwealth
24 where it shall be treated as if originally filed in the
25 transferee court or magisterial district of this Commonwealth on
26 the date when first filed in the other tribunal.
27 (b) Federal cases.--
28 (1) Subsection (a) shall also apply to any matter
29 transferred or remanded by any United States court for a
30 district embracing any part of this Commonwealth. In order to
20030S0904B1905 - 55 -
1 preserve a claim under Chapter 55 (relating to limitation of
2 time), a litigant who timely commences an action or
3 proceeding in any United States court for a district
4 embracing any part of this Commonwealth is not required to
5 commence a protective action in a court or before a [district
6 justice] magisterial district judge of this Commonwealth.
7 Where a matter is filed in any United States court for a
8 district embracing any part of this Commonwealth and the
9 matter is dismissed by the United States court for lack of
10 jurisdiction, any litigant in the matter filed may transfer
11 the matter to a court or magisterial district of this
12 Commonwealth by complying with the transfer provisions set
13 forth in paragraph (2).
14 (2) Except as otherwise prescribed by general rules, or
15 by order of the United States court, such transfer may be
16 effected by filing a certified transcript of the final
17 judgment of the United States court and the related pleadings
18 in a court or magisterial district of this Commonwealth. The
19 pleadings shall have the same effect as under the practice in
20 the United States court, but the transferee court or
21 [district justice] magisterial district judge may require
22 that they be amended to conform to the practice in this
23 Commonwealth. Section 5535(a)(2)(i) (relating to termination
24 of prior matter) shall not be applicable to a matter
25 transferred under this subsection.
26 * * *
27 (d) Definition.--As used in this section "tribunal" means a
28 court or [district justice] magisterial district judge or other
29 judicial officer of this Commonwealth vested with the power to
30 enter an order in a matter, the Board of Claims, the Board of
20030S0904B1905 - 56 -
1 Property, the Office of Administrator for Arbitration Panels for
2 Health Care and any other similar agency.
3 § 5105. Right to appellate review.
4 (a) General rule.--There is a right of appeal under this
5 subsection from the final order (including an order defined as a
6 final order by general rule) of every:
7 (1) Court or [district justice] magisterial district
8 judge of this Commonwealth to the court having jurisdiction
9 of such appeals.
10 * * *
11 § 5572. Time of entry of order.
12 The date of service of an order of a government unit, which
13 shall be the date of mailing if service is by mail, shall be
14 deemed to be the date of entry of the order for the purposes of
15 this subchapter. The date of entry of an order of a court or
16 [district justice] magisterial district judge may be specified
17 by general rules.
18 § 5749. Prohibitions and penalties.
19 * * *
20 (f) Public solicitation.--Any professional bondsman who
21 solicits business in any of the courts or on the premises of any
22 tribunal of this Commonwealth, including any tribunal conducted
23 by a [district justice] magisterial district judge, commits a
24 summary offense.
25 § 5761. Bail in drug offenses.
26 (a) Inquiry as to source.--When fixing and accepting bail
27 for a person charged with a violation of the act of April 14,
28 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
29 Device and Cosmetic Act, the [district justice] magisterial
30 district judge or judge shall determine the source of the
20030S0904B1905 - 57 -
1 currency, bonds, realty or other property used for the payment
2 of the bail or the procurement of a surety bond, as the case may
3 be, being posted by or on behalf of the defendant. The [district
4 justice] magisterial district judge or judge may request such
5 information as needed to identify the direct or indirect
6 sources, derivation or ownership of the currency or other
7 property used for the payment of bail or procurement of a bond.
8 (b) Drug proceeds unacceptable.--If the [district justice]
9 magisterial district judge or judge determines that the bail or
10 surety bond is being financed from funds derived from violations
11 of The Controlled Substance, Drug, Device and Cosmetic Act, the
12 security shall not be accepted, and other security shall be
13 required for the defendant to be admitted to bail.
14 § 6102. Judicial notice of official seals.
15 The seal of every court, [district justice] magisterial
16 district judge and other government unit, adopted pursuant to
17 law, shall be judicially noticed.
18 § 6103. Proof of official records.
19 (a) General rule.--An official record kept within this
20 Commonwealth by any court, [district justice] magisterial
21 district judge or other government unit, or an entry therein,
22 when admissible for any purpose, may be evidenced by an official
23 publication thereof or by a copy attested by the officer having
24 the legal custody of the record, or by [his] that officer's
25 deputy, and accompanied by a certificate that the officer has
26 the custody. The certificate may be made by any public officer
27 having a seal of office and having official duties with respect
28 to the government unit in which the record is kept,
29 authenticated by the seal of [his] that office, or if there is
30 no such officer, by:
20030S0904B1905 - 58 -
1 (1) The Department of State, in the case of any
2 Commonwealth agency.
3 (2) The clerk of the court of common pleas of the
4 judicial district embracing any county in which the
5 government unit has jurisdiction, in the case of any
6 government unit other than a Commonwealth agency.
7 * * *
8 § 6303. Scope of chapter.
9 * * *
10 (b) Minor judiciary.--No child shall be detained, committed
11 or sentenced to imprisonment by a [district justice] magisterial
12 district judge or a judge of the minor judiciary unless the
13 child is charged with an act set forth in paragraph (2)(i),
14 (ii), (iii) or (v) of the definition of "delinquent act" in
15 section 6302 (relating to definitions).
16 § 8127. Personal earnings exempt from process.
17 (a) General rule and exceptions.--The wages, salaries and
18 commissions of individuals shall while in the hands of the
19 employer be exempt from any attachment, execution or other
20 process except upon an action or proceeding:
21 * * *
22 (3.2) In the case of wage attachment arising out of a
23 residential lease, to implement the wage attachment, the
24 judgment creditor-landlord shall comply with the Pennsylvania
25 Rules of Civil Procedure and any applicable local rules. The
26 judgment of the [district justice] magisterial district
27 judge, magistrate or any other court having jurisdiction over
28 landlord and tenant matters or a judgment before the court of
29 common pleas shall reflect that portion of the judgment which
30 is for physical damages arising out of a residential lease.
20030S0904B1905 - 59 -
1 * * *
2 § 8151. Notice to Department of Revenue of judicial sale of
3 property.
4 (a) General rule.--No judicial officer or officer enforcing
5 orders of a court or [district justice] magisterial district
6 judge shall, as such, sell the property of any person without
7 filing with the Department of Revenue at least 20 days prior to
8 the sale a report or return with respect to such property
9 containing such information as the department may specify by
10 regulation.
11 * * *
12 § 9702. Definitions.
13 As used in this chapter "court" and "judge" include (when
14 exercising criminal or quasi-criminal jurisdiction pursuant to
15 section 1515 (relating to jurisdiction and venue)) a [district
16 justice] magisterial district judge.
17 § 9730. Payment of court costs, restitution and fines.
18 * * *
19 (b) Procedures regarding default.--
20 (1) If a defendant defaults in the payment of a fine,
21 court costs or restitution after imposition of sentence, the
22 issuing authority or a senior judge or senior [district
23 justice] magisterial district judge appointed by the
24 president judge for the purposes of this section may conduct
25 a hearing to determine whether the defendant is financially
26 able to pay.
27 (2) If the issuing authority, senior judge or senior
28 [district justice] magisterial district judge determines that
29 the defendant is financially able to pay the fine or costs,
30 the issuing authority, senior judge or senior [district
20030S0904B1905 - 60 -
1 justice] magisterial district judge may turn the delinquent
2 account over to a private collection agency or impose
3 imprisonment for nonpayment, as provided by law.
4 (3) If the issuing authority, senior judge or senior
5 [district justice] magisterial district judge determines that
6 the defendant is without the financial means to pay the fine
7 or costs immediately or in a single remittance, the issuing
8 authority, senior judge or senior [district justice]
9 magisterial district judge may provide for payment in
10 installments. In determining the appropriate installments,
11 the issuing authority, senior judge or senior [district
12 justice] magisterial district judge shall consider the
13 defendant's financial resources, the defendant's ability to
14 make restitution and reparations and the nature of the burden
15 the payment will impose on the defendant. If the defendant is
16 in default of a payment or advises the issuing authority,
17 senior judge or senior [district justice] magisterial
18 district judge that default is imminent, the issuing
19 authority, senior judge or senior [district justice]
20 magisterial district judge may schedule a rehearing on the
21 payment schedule. At the rehearing the defendant has the
22 burden of proving changes of financial condition such that
23 the defendant is without the means to meet the payment
24 schedule. The issuing authority, senior judge or senior
25 [district justice] magisterial district judge may extend or
26 accelerate the schedule, leave it unaltered or sentence the
27 defendant to a period of community service as the issuing
28 authority, senior judge or senior [district justice]
29 magisterial district judge finds to be just and practicable
30 under the circumstances.
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1 (4) A decision of the issuing authority, senior judge or
2 senior [district justice] magisterial district judge under
3 paragraph (2) or (3) is subject to section 5105 (relating to
4 right to appellate review).
5 Section 19. The definition of "court" in section 9802 of
6 Title 42 is amended to read:
7 § 9802. Definitions.
8 The following words and phrases when used in this chapter
9 shall have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 * * *
12 "Court." The trial judge exercising sentencing jurisdiction
13 over an eligible offender under this chapter. Trial judge may
14 include a [district justice] magisterial district judge if use
15 of intermediate punishment programs by the minor judiciary is
16 approved by the court of common pleas via administrative order
17 or local rule.
18 * * *
19 Section 20. Section 2915(b) of Title 53 is amended to read:
20 § 2915. Oath of office of members of commission.
21 * * *
22 (b) Other members.--As soon as possible and in any event no
23 later than ten days after its certification of election, the
24 members of a government study commission elected on other than a
25 countywide basis shall, before a [district justice or a justice
26 of the peace] magisterial district judge, make oath to support
27 the Constitution of the United States and the Constitution of
28 Pennsylvania and to perform the duties of the office with
29 fidelity.
30 Section 21. Section 7511(b) of Title 68 is amended to read:
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1 § 7511. Penalties.
2 * * *
3 (b) Fine.--A person who violates any provision of section
4 7508 (relating to home inspection reports) shall, upon
5 conviction in a summary proceeding before a [district justice]
6 magisterial district judge, be sentenced to pay a fine not
7 exceeding $500.
8 Section 22. Section 5703 of Title 74 is amended to read:
9 § 5703. Disposition of fines, fees and forfeitures.
10 All fines, fees and forfeitures collected under this part for
11 violations thereof, and all bail forfeited, shall be paid to the
12 Department of Revenue and transmitted to the State Treasury and
13 credited to the Aviation Restricted account by the [district
14 justice] magisterial district judge or other officer imposing or
15 receiving them. A [district justice] magisterial district judge
16 who fails to pay the fines, fees and forfeitures to the
17 Department of Revenue commits a misdemeanor of the third degree.
18 Section 23. The definitions of "district justice" and
19 "issuing authority" in section 102 of Title 75 are amended and
20 the section is amended by adding a definition to read:
21 § 102. Definitions.
22 Subject to additional definitions contained in subsequent
23 provisions of this title which are applicable to specific
24 provisions of this title, the following words and phrases when
25 used in this title shall have, unless the context clearly
26 indicates otherwise, the meanings given to them in this section:
27 * * *
28 ["District justice." Includes a judge of a community court,
29 of the Pittsburgh Magistrates Court, and of the Traffic Court of
30 Philadelphia when exercising the jurisdiction of a district
20030S0904B1905 - 63 -
1 justice under this title.]
2 * * *
3 "Issuing authority." A public official having the power and
4 authority of a [district justice] magisterial district judge.
5 * * *
6 "Magisterial district judge." Includes a judge of a
7 community court, of the Pittsburgh Magistrates Court and of the
8 Traffic Court of Philadelphia when exercising the jurisdiction
9 of a magisterial district judge under this title.
10 * * *
11 Section 24. Sections 1619(c)(1), (3) and (4), 3510(b.2),
12 3582(b), 4581(c) and 4907(e)(1) of Title 75 are amended to read:
13 § 1619. Prohibition against discharging, disciplining or
14 discriminating against employees.
15 * * *
16 (c) Procedure.--
17 (1) Any employee who believes he has been discharged,
18 disciplined or otherwise discriminated against by any person
19 in violation of subsection (a) or (b) may, within 180 days
20 after such alleged violation occurs, file or have filed by
21 any person on the employee's behalf a complaint with a
22 [district justice] magisterial district judge alleging such
23 discharge, discipline or discrimination. Actions brought
24 under this section shall be brought in the court of common
25 pleas if the complaint states a claim for damages in excess
26 of the jurisdictional limits provided by 42 Pa.C.S. § 1515
27 (relating to jurisdiction and venue) and the plaintiff
28 declines to waive the portion of his claim exceeding the
29 jurisdictional amount.
30 * * *
20030S0904B1905 - 64 -
1 (3) If the [district justice] magisterial district judge
2 or the court of common pleas, after notice and hearing,
3 determines that a violation of subsection (a) or (b) has
4 occurred, the [district justice] magisterial district judge
5 or court of common pleas has the power to and shall order:
6 (i) the person who committed such violation to take
7 affirmative action to abate the violation;
8 (ii) such person to reinstate the complainant to the
9 complainant's former position together with the
10 compensation, including back pay, terms, conditions and
11 privileges of the complainant's employment; and
12 (iii) compensatory damages.
13 (4) If an order is issued under paragraph (3), the
14 [district justice] magisterial district judge or court of
15 common pleas issuing the order, at the request of the
16 complainant, may assess against the person against whom the
17 order is issued a sum equal to the aggregate amount of all
18 costs and expenses, including attorney fees, reasonably
19 incurred by the complainant for, or in connection with, the
20 bringing of the complaint upon which the order was issued.
21 * * *
22 § 3510. Pedalcycle helmets for certain persons.
23 * * *
24 (b.2) Waiver of fine.--If a person receives a citation
25 issued by the proper authority for violation of subsection (a),
26 a [district justice] magisterial district judge, magistrate or
27 judge shall dismiss the charges if the person prior to or at
28 [his] the person's hearing displays evidence of acquisition of a
29 helmet meeting the standards prescribed in subsection (a) to
30 such [district justice] magisterial district judge, magistrate
20030S0904B1905 - 65 -
1 or judge. Sufficient evidence shall include a receipt mailed to
2 the appropriate court officer which evidences purchase or
3 transfer of such a helmet from another helmet owner, evidenced
4 by a notarized letter.
5 * * *
6 § 3582. Pedalcycle helmets for certain persons.
7 * * *
8 (b) Waiver of fine.--If a person receives a citation issued
9 by the proper authority for violation of subsection (a), a
10 [district justice] magisterial district judge, magistrate or
11 judge shall dismiss the charges if the person prior to or at
12 [his] the person's hearing displays evidence of acquisition of a
13 helmet meeting the standards prescribed in subsection (a) to the
14 [district justice] magisterial district judge, magistrate or
15 judge. Sufficient evidence shall include a receipt mailed to the
16 appropriate court officer which evidences purchase or transfer
17 of such a helmet from another helmet owner, evidenced by a
18 notarized letter.
19 * * *
20 § 4581. Restraint systems.
21 * * *
22 (c) Waiver of fine.--If a person receives a citation issued
23 by the proper authority for violation of subsection (a)(1) or
24 (1.1), a [district justice] magisterial district judge,
25 magistrate or judge shall dismiss the charges if the person
26 prior to or at [his] the person's hearing displays evidence of
27 acquisition of a child passenger restraint system or child
28 booster seat to such [district justice] magisterial district
29 judge, magistrate or judge. Sufficient evidence shall include a
30 receipt mailed to the appropriate court officer which evidences
20030S0904B1905 - 66 -
1 purchase, rental, transferal from another child seat owner
2 (evidenced by notarized letter) or bailment from a bona fide
3 loaner program of a child passenger restraint system or child
4 booster seat.
5 * * *
6 § 4907. Penalty for violation of chapter.
7 * * *
8 (e) Failure to properly administer, adhere to and enforce
9 the requirements of this chapter.--When it is determined in a
10 summary proceeding that a local authority has failed to comply
11 with any of the requirements of this chapter or the department's
12 concomitant regulations, the following shall occur:
13 (1) The local authority shall be liable for the costs
14 for scheduling and conducting the proceeding and for the
15 reasonable costs incurred to respond to and defend against
16 the charges. The costs shall be assessed by the [district
17 justice] magisterial district judge and payable within 30
18 days of assessment.
19 * * *
20 Section 25. The definition of "appropriate judicial
21 authority" in section 6309.2(e) of Title 75 is amended to read:
22 § 6309.2. Immobilization, towing and storage of vehicle for
23 driving without operating privileges or registration.
24 * * *
25 (e) Definitions.--As used in this section, the following
26 words and phrases shall have the meanings given to them in this
27 subsection:
28 "Appropriate judicial authority." In counties of the first
29 class, the Philadelphia Traffic Court. In all other counties,
30 the [district justice] magisterial district judge in whose
20030S0904B1905 - 67 -
1 district the violation occurred.
2 * * *
3 Section 26. Section 8306(e) of Title 75 is amended to read:
4 § 8306. Penalties.
5 * * *
6 (e) Jurisdiction.--All summary proceedings under the
7 provisions of this chapter may be brought before any [district
8 justice] magisterial district judge of the county where the
9 offense occurred or in the county where the public is affected,
10 and to that end jurisdiction is hereby conferred upon the
11 [district justices] magisterial district judges, subject to
12 appeal by either party in the manner provided by law for appeals
13 from summary convictions. It shall be the duty of the district
14 attorney of the county to represent the interests of the
15 Commonwealth.
16 Section 27. The definition of "magistrate" in section 9002
17 of Title 75 is amended to read:
18 § 9002. Definitions.
19 The following words and phrases when used in this chapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 * * *
23 "Magistrate." An officer of the minor judiciary. The term
24 includes a [district justice] magisterial district judge.
25 * * *
26 Section 28. This act shall apply as follows:
27 (1) Except as otherwise provided in paragraph (2), any
28 and all references in any other law to a "district justice"
29 or "justice of the peace" shall be deemed to be references to
30 a magisterial district judge.
20030S0904B1905 - 68 -
1 (2) Paragraph (1) shall not apply to the provisions of
2 71 Pa.C.S.
3 SECTION 29. NOTHING IN THIS ACT SHALL BE CONSTRUED OR DEEMED <--
4 TO PROVIDE MAGISTERIAL DISTRICT JUDGES WITH RETIREMENT BENEFITS
5 OR RIGHTS THAT ARE DIFFERENT FROM THOSE AVAILABLE TO DISTRICT
6 JUSTICES OR JUSTICES OF THE PEACE IMMEDIATELY PRIOR TO THE
7 EFFECTIVE DATE OF THIS ACT. NOTHING IN THIS ACT SHALL BE
8 CONSTRUED OR DEEMED TO PROVIDE SENIOR MAGISTERIAL DISTRICT
9 JUDGES WITH RETIREMENT BENEFITS OR RIGHTS THAT ARE DIFFERENT
10 FROM THOSE AVAILABLE TO SENIOR DISTRICT JUSTICES IMMEDIATELY
11 PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
12 Section 29 30. This act shall take effect in 60 days. <--
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