42 Pa.C.S. Ch. 11

42 Pa.C.S. Ch. 11
in effect

42 Pa.C.S. § 11 Terms of initial members of Judicial Conduct Board.

Of the members initially appointed to the Judicial Conduct Board, the judge appointed by the Supreme Court shall serve a four-year term and the judge appointed by the Governor shall serve a three-year term. The district justice initially appointed shall serve a two-year term. Of the three nonjudge members of the bar of this Commonwealth initially appointed, the first appointed by the Governor shall serve a three-year term, the next appointed by the Governor shall serve a two-year term and the nonjudge member of the bar of this Commonwealth appointed by the Supreme Court shall serve a one-year term. Of the six nonlawyer electors initially appointed, the first appointed by the Governor and the first appointed by the Supreme Court shall serve a four-year term, the next appointed by the Governor and the next appointed by the Supreme Court shall serve a three-year term and the next appointed by the Governor and the next appointed by the Supreme Court shall serve a two-year term. All such appointments shall compute from the effective date of this act. The Governor shall convene the board for its first meeting. References in Text. Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge. § 12. Terms of initial members of Court of Judicial Discipline. Of the three judges initially appointed to the Court of Judicial Discipline, the first appointed by the Supreme Court shall serve a four-year term, the next appointed by the Supreme Court shall serve a three-year term and the judge appointed by the Governor shall serve a two-year term. The district justice initially appointed shall serve a one-year term. Of the nonjudge members of the bar of this Commonwealth initially appointed, the first appointed shall serve a four-year term and the next appointed shall serve a three-year term. Of the two nonlawyer electors initially appointed, the nonlawyer elector appointed by the Governor shall serve a three-year term and the nonlawyer elector appointed by the Supreme Court shall serve a two-year term. All such appointments shall compute from the effective date of this act. References in Text. Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge. 1994, APRIL 21, P.L.131, NO.17 Preamble The General Assembly finds and declares as follows: (1) For the health, safety and welfare of the residents of this Commonwealth, the laws designed to deter the defacement of public and private property through the use of aerosol spray-paint cans, broad-tipped indelible markers and other marking devices should be strengthened. (2) Where appropriate, the court should require those who commit acts of defacement to restore the damaged property to its original condition. Explanatory Note. Act 17 amended section 3304 of Title 18 and added section 9720 of Title 42. 1995, JUNE 13, 1st SP.SESS., P.L.1024, NO.17 Preamble The General Assembly hereby declares that the purpose of this act is to provide support to law enforcement in the area of crime prevention and control, that it is not the purpose of this act to place any undue or unnecessary restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, transfer, transportation or use of firearms, rifles or shotguns for personal protection, hunting, target shooting, employment or any other lawful activity, and that this act is not intended to discourage or restrict the private ownership and use of firearms by law-abiding citizens for lawful purposes or to provide for the imposition by rules or regulations of any procedures or requirements other than those necessary to implement and effectuate the provisions of this act. The General Assembly hereby recognizes and declares its support of the fundamental constitutional right of Commonwealth citizens to bear arms in defense of themselves and this Commonwealth. Explanatory Note. Act 17 amended, added, reenacted or repealed sections 913, 6101, 6102, 6103, 6104, 6105, 6106.1, 6107, 6109, 6110, 6110.1, 6111, 6111.1, 6111.2, 6111.3, 6111.4, 6111.5, 6112, 6113, 6114, 6115, 6116, 6117, 6118 and 6125 of Title 18 and sections 6308 and 9712 of Title 42. 1995, OCTOBER 11, 1st SP.SESS., P.L.1058, NO.21 § 5. Projected increases in State prison population. Within 180 days of the effective date of this act, the Pennsylvania Commission on Sentencing shall, for the purpose of advising the General Assembly concerning future prison construction expenditures, publish projected increases in the State prison population resulting from implementation of this act. Explanatory Note. Act 21 amended section 1103 of Title 18 and sections 6335, 9712, 9713 and 9714 of Title 42. 1995, NOVEMBER 17, 1st SP.SESS., P.L.1118, NO.32 § 3. Applicability. This act shall apply as follows: (1) The amendment of 42 Pa.C.S. §§ 9542, 9543, 9544, 9545 and 9546 shall apply to petitions filed after the effective date of this act; however, a petitioner whose judgment has become final on or before the effective date of this act shall be deemed to have filed a timely petition under 42 Pa.C.S. Ch. 95 Subch. B if the petitioner's first petition is filed within one year of the effective date of this act. (2) The addition of 42 Pa.C.S. Ch. 95 Subch. D shall apply in all cases in which the death penalty is imposed on or after January 1, 1996. Explanatory Note. Act 32 amended or added sections 9542, 9543, 9544, 9545 and 9546 and Subchapter D of Chapter 95 of Title 42. 1997, FEBRUARY 14, P.L.3, NO.2 § 2. Election of additional judges. (a) Applicability of section 3135.--The provisions of 42 Pa.C.S. § 3135 shall not be applicable to the selection of judges for the judgeships created in the amendment of 42 Pa.C.S. § 911(a). (b) Judgeships created January 5, 1998.--Except as provided in subsections (c) and (d), the new judgeships added by the amendment of 42 Pa.C.S. § 911(a) shall be created on January 5, 1998, and shall be initially filled by election at the 1997 municipal election. (c) Judgeships created January 3, 2000.--The new judgeships for the eleventh, twelfth, twenty-third, forty-third, fiftieth and fifty-seventh districts added by the amendment of 42 Pa.C.S. § 911(a) shall be created on January 3, 2000, and shall be initially filled by election at the 1999 municipal election. (d) Judgeships in second and fifteenth districts.--The new judgeships for the second and fifteenth districts added by the amendment of 42 Pa.C.S. § 911(a) shall be created as follows: one judgeship in each district shall be created on January 5, 1998, and shall be initially filled by election at the 1997 municipal election, and one judgeship in each district shall be created on January 3, 2000, and shall be initially filled by election at the 1999 municipal election. Explanatory Note. Act 2 amended sections 911, 1121 and 1321 of Title 42. 1999, JUNE 22, P.L.75, NO.12 Preamble Pursuant to the Judiciary Article of the Constitution of Pennsylvania and its establishment of the Unified Judicial System and consistent with the authority of the General Assembly regarding expenditure of Commonwealth funds pursuant to Article III, section 24, and while otherwise expressly reserving its appropriation and other legislative authority as to the funding of the Unified Judicial System, it is the intent of the General Assembly to facilitate the administration of the Unified Judicial System by providing for inclusion of key designated county-level court administrators and their designated deputies, associates and assistant administrators and special courts administrators within the State judicial personnel system and for their compensation by the Commonwealth. Explanatory Note. Act 12 added section 1905, the heading of Subchapter A and Subchapters B through I (Reserved) and J of Chapter 23 of Title 42 and amended or added sections 5102, 5301, 5302, 5303, 5303.1, 5304, 5306, 5308, 5309, 5504, 5505, 5507, 5705, 5903, 5905, 5905.1, 5906, 5907, 5934 and 5953.5 of Title 71 (State Government).

42 Pa.C.S. § 1101 Community courts.

(a) General rule.--There shall be one community court for each judicial district of this Commonwealth which has elected to establish and which has not elected to discontinue such a court in the manner provided in this subchapter. The community court shall be a court not of record and shall consist of a number of judges determined by dividing the total population of the judicial district as determined by the last officially reported decennial or special Federal census by 75,000. In any judicial district where the aforesaid division results in a remainder greater than 40,000, the judicial district shall be entitled to an additional community court judge. In no event shall any judicial district have less than two community court judges. (b) Single county districts.--In single county judicial districts the community court of the district shall be known as the "Community Court of (the respective) County." (c) Multicounty districts.--In multicounty judicial districts the community court of the district shall be known as the "Community Court of the (respective) Judicial District."

42 Pa.C.S. § 1102 Establishment or discontinuance of community courts.

(a) General rule.--The question whether a community court shall be established or discontinued in any judicial district shall be placed upon the ballot in a primary election by petition which shall be in the form prescribed by the officer of the Commonwealth who under law shall have supervision over elections. The petition shall be filed with that officer and shall be signed by a number of electors equal to 5% of the total votes cast for all candidates for the office occupied by a single official for which the highest number of votes was cast in that judicial district at the last preceding general or municipal election. The manner of signing such petitions, the time of circulating them, the affidavits of the persons circulating them and all other details not contained in this subsection shall be governed by the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code." The question shall not be placed upon the ballot in a judicial district more than once in any five-year period. The affirmative vote of a majority of the electors of the judicial district voting thereon shall be sufficient to establish or discontinue a community court for the judicial district. (b) Establishment.--The community court of a judicial district shall be established on the first Monday of January following the municipal election at which the first judges of the court shall be elected. A court when established shall, in accordance with and subject to Article V of the Constitution of Pennsylvania, supplant all magisterial district judges or the municipal court and the traffic court, as the case may be, within the judicial district, except that in the fifth judicial district a community court shall not supplant the Pittsburgh Magistrates Court. Upon the expiration of the term of any magisterial district judge or judge of the municipal or traffic court, as the case may be, or the abolition of his office in the manner and at such time as is provided by section 3321 (relating to establishment of community courts), in a judicial district in which a community court has been established, the matters then pending and the books, dockets and records thereof shall be transferred to the community court which shall determine and conclude such matters as if it had assumed jurisdiction in the first instance. (c) Discontinuance.--Where the electors of a judicial district have at a primary election approved the discontinuance of an existing community court within their judicial district such community court and the office of the judges serving thereon shall then be abolished in the manner and at such time as is provided by section 3322 (relating to discontinuance of community courts). Thereafter, the office of magisterial district judge or judge of the municipal or traffic court, as the case may be, shall be established to replace and supplant such community court on the first Monday of January of the even-numbered year next following the odd-numbered year specified in section 1503(b) (relating to discontinuance of community court) and the number and boundaries of magisterial districts, if any, of each class within such judicial district shall be established in the manner provided by section 1503(b). (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsecs. (b) and (c). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

42 Pa.C.S. § 1103 Powers of community courts.

Every judge of a community court shall have all the powers of a judge of the municipal court or traffic court, or of a magisterial district judge, as the case may be. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

42 Pa.C.S. § 1104 Seats of courts.

The regular sessions of each community court shall be held at such location within the judicial district as may be approved by the president judge of the court of common pleas of the judicial district in compliance with general rules.

42 Pa.C.S. § 1105 Jurisdiction and venue.

(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters) each community court shall have the jurisdiction which under law was exercised by the municipal court or traffic court or by magisterial district judges, as the case may be, within the judicial district. (b) Venue and process.--The venue of a community court concerning matters over which jurisdiction is conferred by subsection (a) shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the judicial district to the extent prescribed by general rule. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

42 Pa.C.S. § 1106 Lien of judgments.

A judgment of a community court shall not operate as a lien on real property until a transcript of the record showing a final judgment in the community court has been filed in the manner prescribed by general rules in the office of the clerk of the court of common pleas of the county where the property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county. After such entry the judgment shall, from the date of such entry, be a lien upon real property to the same extent that judgment recovered in the court of common pleas is a lien. No such transcript shall be filed until after 30 days after the entry of final judgment by the community court. No execution against real estate shall issue out of the community court.

42 Pa.C.S. § 1121 Philadelphia Municipal Court.

(a) Organization.--The Philadelphia Municipal Court shall be organized as follows: (1) The General Division shall consist of 27 judges. (2) The Traffic Division shall consist of four judges elected to the Traffic Court of Philadelphia prior to the effective date of this paragraph. If a vacancy in the Traffic Division occurs, the vacancy shall not be filled. This paragraph shall expire on the later of: (i) the date of the ratification by the electorate of an amendment to the Constitution of Pennsylvania abolishing the Philadelphia Traffic Court; or (ii) the date of the expiration of the longest term of a judge specified in subsection (c)(4). (b) General Division.-- (1) A judge in the General Division must be an attorney at law. (2) The salary of a judge in the General Division shall be as set forth in section 2.1(e) and (i) of the act of September 30, 1983 (P.L.160, No.39), known as the Public Official Compensation Law. (3) The General Division shall exercise full jurisdiction of the municipal court under section 1123(a) (relating to jurisdiction and venue). (c) Traffic Division.-- (1) A judge in the Traffic Division must: (i) be an attorney at law; or (ii) prior to assuming office, complete a course of training and instruction in the duties of the office and pass an examination. (2) The salary of a judge in the Traffic Division shall be as set forth in section 2.1(f) and (i) of the Public Official Compensation Law. (3) The Traffic Division shall, at the direction of the President Judge of the Philadelphia Municipal Court, exercise jurisdiction under section 1123(a)(9). (4) This subsection shall apply during the terms of all judges of the Philadelphia Traffic Court: (i) who have been elected prior to January 1, 2014; and (ii) whose term expires after December 31, 2017. (5) A judge identified in paragraph (4) shall, until the expiration of the term to which the judge has been elected, serve as a judge in the Traffic Division. (6) This subsection shall expire on the later of: (i) the date of the ratification by the electorate of an amendment to the Constitution of Pennsylvania abolishing the Philadelphia Traffic Court; or (ii) the date of the expiration of the longest term of a judge specified in paragraph (4). (d) Annual report.--The President Judge of the Philadelphia Municipal Court shall file an annual report with the General Assembly regarding the Traffic Division. The report shall include how funding was allocated for the Traffic Division, the number of cases that came before the Traffic Division and how the cases were resolved by the Traffic Division. (Feb. 14, 1997, P.L.3, No.2; June 19, 2013, P.L.55, No.17, eff. imd.) 1997 Amendment. Section 4 of Act 2 provided that the amendment shall take effect on the first Monday of January 1998. Section 3 of Act 2 provided that the first judges elected to those judgeships created under section 1121 shall be elected at the 1999 municipal election. References in Text. The Traffic Court of Philadelphia, referred to in subsec. (a)(2) and (5), was abolished by Joint Resolution No.2 of 2016. Cross References. Section 1121 is referred to in section 102 of this title.

42 Pa.C.S. § 1122 Seat of court.

The regular sessions of the Philadelphia Municipal Court shall be held at such locations within the first judicial district as may be approved by the president judge of the court in compliance with general rules.

42 Pa.C.S. § 1123 Jurisdiction and venue.

(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), the Philadelphia Municipal Court shall have jurisdiction of the following matters: (1) Summary offenses, except those arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed under Chapter 63 (relating to juvenile matters). (2) Criminal offenses by any person (other than a juvenile) for which no prison term may be imposed or which are punishable by imprisonment for a term of not more than five years, including indictable offenses under Title 75 (relating to vehicles). In cases under this paragraph the defendant shall have no right of trial by jury in the municipal court, but shall have the right of appeal for trial de novo, including the right of trial by jury, to the court of common pleas. The judges of the municipal court exercising jurisdiction under this paragraph shall have the same jurisdiction in probation and parole arising out of sentences imposed by them as judges of the court of common pleas. (3) Matters arising under the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951. The judges of the Philadelphia Municipal Court shall have the power to enter judgments exceeding $5,000 in matters arising under this subsection. Appeals from a judgment of the municipal court under this subsection shall be to the court of common pleas in accordance with local rules of court established by the administrative judge of the trial division. Those rules shall not be inconsistent with Statewide rules of procedure as established by the Supreme Court. (4) Civil actions, except actions by or against a Commonwealth party as defined by section 8501 (relating to definitions), wherein the sum demanded does not exceed $12,000, exclusive of interest and costs, in the following classes of actions: (i) In assumpsit. (ii) In trespass, including all forms of trespass and trespass on the case. (iii) For fines and penalties by any government agency. A plaintiff may waive a portion of his claim of more than $12,000 so as to bring the matter within the monetary jurisdiction of the municipal court. Such waiver shall be revoked automatically if the defendant appeals the final order of the municipal court. In cases under this paragraph the defendant shall have no right of trial by jury in the municipal court, but shall have the right to appeal for trial de novo, including the right of trial by jury, to the court of common pleas, in accordance with local rules of court established by the administrative judge of the trial division. These rules shall not be inconsistent with Statewide rules of procedure as established by the Supreme Court. It is the purpose of this paragraph to establish an expeditious small claims procedure whereby it shall not be necessary for the litigants to obtain counsel. Judgments by confession shall not be entered in the municipal court. (5) As commissioners to preside at arraignments, fix and accept bail, issue warrants and perform duties of a similar nature, including the jurisdiction of a committing magistrate in all criminal proceedings. In addition to the exercise of the powers by the judges set forth in this paragraph, the Philadelphia Municipal Court, through the president judge and a majority of the judges of the court, shall have the power to appoint for four-year terms six arraignment court magistrates, to administer oaths and affirmations, preside at preliminary arraignments, assign counsel in certain cases, issue criminal complaints, fix bail and issue arrest warrants and search and seizure warrants. The arraignment court magistrates shall be employees of the Commonwealth and they shall receive an annual salary equal to the salary of an associate judge of the Traffic Court of Philadelphia. The method of selection and appointment and removal of arraignment court magistrates and establishing standards of conduct and the rights, responsibilities and authority of the arraignment court magistrates and the procedures for appealing from the decisions of the arraignment court magistrates shall be provided by local rules adopted by the municipal court. (5.1) In addition to the exercise of the powers by the judges set forth in this section, the President Judge of the Philadelphia Municipal Court may appoint arraignment court magistrates, persons who complete a training program as shall be provided by local rules adopted by the President Judge of the Philadelphia Municipal Court, or attorneys who are in good standing and are admitted to the Pennsylvania Bar as judges pro tempore to accept guilty pleas and impose sentences in accordance with pleas for summary offenses. A judge pro tempore must be an independent contractor hired by the Philadelphia Municipal Court and shall receive such compensation and shall serve at such hours as agreed to between the judge pro tempore and the President Judge of the Philadelphia Municipal Court. The methods of selection, appointment and removal of judges pro tempore and of establishing standards of conduct and the rights, responsibilities and authority of the judges pro tempore and the procedures for appealing decisions of the judges pro tempore shall be provided by local rules adopted by the President Judge of the Philadelphia Municipal Court. (6) Civil actions wherein the sum demanded does not exceed $15,000 in matters involving judgments of real estate taxes and school taxes levied by cities of the first class. (7) Actions to enjoin any nuisance caused by the operation of a licensee or occurring on licensed premises subject to the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code. (8) Any action to enjoin a public nuisance. The action to enjoin may be brought by any person who resides or has a place of business within 500 feet of the location of the alleged nuisance. (9) Prosecutions for summary offenses arising under: (i) Title 75; or (ii) an ordinance of a political subdivision enacted pursuant to Title 75. (a.1) Appeal from contempt citation or nuisance order.--There shall be a right to appeal to the Superior Court of a contempt citation issued by a municipal court judge, but the appeal shall be limited to a review of the record. There shall be a right of appeal to the Court of Common Pleas of Philadelphia County of an order issued by a municipal court judge in any action under subsection (a)(7) or (8), but the appeal shall be limited to a review of the record. (b) Concurrent and exclusive jurisdiction.--The jurisdiction of the municipal court under this section shall be concurrent with the Court of Common Pleas of Philadelphia County except with respect to matters specified in subsection (a)(2), as to which the jurisdiction of the municipal court shall be exclusive except as otherwise prescribed by any general rule adopted pursuant to section 503. (c) Venue and process.--The venue of the municipal court concerning matters over which jurisdiction is conferred by this section shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the City and County of Philadelphia to the extent prescribed by general rule. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Oct. 12, 1984, P.L.959, No.187, eff. 60 days; July 11, 1990, P.L.454, No.111, eff. 60 days; Nov. 29, 1990, P.L.574, No.147, eff. 60 days; Apr. 16, 1992, P.L.146, No.25, eff. imd.; July 9, 1992, P.L.689, No.102, eff. imd.; Dec. 14, 1992, P.L.872, No.140, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.983, No.9, eff. 60 days; Nov. 21, 1995, P.L.619, No.65, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days; Nov. 23, 2010, P.L.1137, No.114, eff. 60 days; June 19, 2013, P.L.55, No.17, eff. imd.) Amendment . Act 17 amended subsec. (a)(1) and added subsec. (a)(9). 2010 Amendment. Act 114 amended subsec. (a)(4). 2008 Amendment. Act 98 amended subsec. (a)(5) and (5.1). Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98. 2007 Effectuation of Repeal. The Legislative Reference Bureau effectuated the 1992 repeal. 1995 Amendments. Act 9, 1st Sp.Sess., amended subsec. (a)(1) and Act 65 amended subsecs. (a)(3) and (4) and (a.1). 1992 Amendments. Act 25 reenacted subsecs. (a)(8) and (a.1) and Act 140 amended subsec. (a)(3). 1992 Repeal. Act 102 repealed Act 147 of 1990 which amended subsecs. (a)(8) and (a.1). Section 1956 of Title 1 provides: "The repeal of an amendatory statute does not revive the corresponding provision or section of the original statute or of any prior amendment." The text of subsecs. (a)(8) and (a.1) has not been changed to give effect to the repeal. 1991 Unconstitutionality. Act 147 of 1990 was declared unconstitutional by the Supreme Court. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991). 1990 Amendments. Act 111 added subsec. (a)(7) and (8) and Act 147 amended subsecs. (a)(8) and (a.1). 1984 Amendment. Act 187 amended subsec. (a) and added subsec. (a.1). Special Provisions in Appendix. See section 10 of Act 142 of 1976 in the appendix to this title for special provisions relating to concurrent jurisdiction of Court of Common Pleas of Philadelphia County. References in Text. The Traffic Court of Philadelphia, referred to in this section, was abolished by Joint Resolution No.2 of 2016. Cross References. Section 1123 is referred to in sections 1121, 1127, 5105, 62A03 of this title; section 6102 of Title 23 (Domestic Relations); section 5306 of Title 71 (State Government).

42 Pa.C.S. § 1124 Lien of judgments.

Judgment recovered in the Philadelphia Municipal Court shall be a lien upon property in the same manner and to the same extent that judgment recovered in the Court of Common Pleas of Philadelphia County is a lien. All such judgments shall be indexed in the judgment index or indices of Philadelphia County in the same manner as judgments of the court of common pleas are indexed.

42 Pa.C.S. § 1125 Substitute arraignment court magistrates.

The President Judge of the Philadelphia Municipal Court may appoint qualified attorneys who are court employees to act as substitute arraignment court magistrates during an emergency upon a written finding by the president judge that an emergency exists. (Apr. 13, 1988, P.L.336, No.47, eff. imd.; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days) 2008 Amendment. Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98.

42 Pa.C.S. § 1126 Masters.

The President Judge of the Philadelphia Municipal Court may appoint attorneys who are members of the Pennsylvania Bar to serve as masters in proceedings under 23 Pa.C.S. Ch. 61 (relating to protection from abuse). (Dec. 19, 1990, P.L.1240, No.206, eff. 90 days) 1990 Amendment. Act 206 added section 1126. Cross References. Section 1126 is referred to in section 62A03 of this title; section 6102 of Title 23 (Domestic Relations).

42 Pa.C.S. § 1127 Hearing officers.

(a) Appointment.--The President Judge of the Philadelphia Municipal Court may appoint hearing officers in proceedings under section 1123(a)(9) (relating to jurisdiction and venue). (b) Code of conduct.--The Supreme Court shall promulgate a code of conduct to govern the conduct of hearing officers and provide for regular audits of the conduct of hearing officers. (c) Qualifications.--A hearing officer must: (1) be an attorney at law; or (2) prior to assuming office, complete a course of training and instruction in the duties of the office and pass an examination. (June 19, 2013, P.L.55, No.17, eff. imd.) 2013 Amendment. Act 17 added section 1127.

42 Pa.C.S. § 1141 Pittsburgh Magistrates Court.

The Pittsburgh Magistrates Court shall be a court not of record and shall consist of such a number of judges, not less than five nor more than eight, as shall be specified by ordinance of the City of Pittsburgh. The magistrates court shall be the police magistrates authorized to be continued in existence by section 21, Schedule to Article V of the Constitution of Pennsylvania adopted April 23, 1968. Judges of the Pittsburgh Magistrates Court shall be deemed magisterial district judges for the purposes of Chapter 33 (relating to discipline, removal and retirement of judicial officers). (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

42 Pa.C.S. § 1142 Seat of court.

The regular sessions of the Pittsburgh Magistrates Court shall be held at such locations within the City of Pittsburgh as may be designated by ordinance of the City of Pittsburgh.

42 Pa.C.S. § 1143 Jurisdiction and venue.

(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters) the Pittsburgh Magistrates Court shall have jurisdiction of all of the following matters: (1) Criminal complaints accusing any person of the commission of any felony or misdemeanor, where such felony or misdemeanor has been committed within the corporate limits of the City of Pittsburgh, and to issue warrants for the arrest of such person so accused, administer oaths and hold preliminary hearings in all such cases, and commit to jail, or bind over for trial or discharge such accused person, as the evidence produced at such hearing may warrant. The court shall have power to admit to bail as prescribed by general rules. (2) Arrests upon view, or upon complaint made and warrant issued, by the police of the City of Pittsburgh, of persons who may be found engaged in or be charged with drunkenness, disorderly conduct, selling liquor contrary to law, maintaining a disorderly house or bawdy house, lewd, indecent or lascivious behavior on the streets or elsewhere, gambling, creating riots or disturbances, vagrants, beggars, prostitutes, disturbers of the public peace, known or reputed pickpockets, burglars, thieves, watch stuffers, cheating, swindling, persons who abuse their families, and suspicious persons who can give no reasonable account of themselves, or violating any of the laws or ordinances of such city. (3) Civil claims for the recovery of fines and penalties imposed by any ordinance of the City of Pittsburgh, or by any ordinance or regulation relating to housing and health administered and enforced by a county health department where a violation takes place in such city, and cases of summary conviction arising under the laws and ordinances of or applicable to such city and under the laws, ordinances, rules and regulations relating to housing and health administered and enforced by a county department of health where a violation takes place in such city, with full power to hear the said cases, administer oaths or affirmations therein, decide the same, enforce the penalty, collect the fine or commit to prison as the case may be according to the provisions of the law and ordinances applicable thereto. (4) Matters within the jurisdiction of the court when sitting as the Traffic Court of Pittsburgh. (b) Venue and process.--The venue of the Pittsburgh Magistrates Court concerning matters over which jurisdiction is conferred by subsection (a) shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the City of Pittsburgh to the extent prescribed by general rule.

42 Pa.C.S. § 1144 Lien of judgment.

A judgment of the Pittsburgh Magistrates Court shall not operate as a lien on real property until a transcript of the record showing a final judgment of the Pittsburgh Magistrates Court has been filed in the manner prescribed by general rules in the office of the prothonotary of Allegheny County. After entry of the judgment, the judgment shall, from the date of its entry, be a lien upon real property to the same extent that judgment recovered in the court of common pleas is a lien. No transcript of the record shall be filed until 30 days after the entry of final judgment by the Pittsburgh Magistrates Court. No execution against real estate shall be issued by the Pittsburgh Magistrates Court. (Dec. 21, 1988, P.L.1862, No.179, eff. 60 days) 1988 Amendment. Act 179 added section 1144. Section 3 of Act 179 provided that section 1144 shall apply to final judgments entered by the Pittsburgh Magistrates Court on or after the effective date of Act 179.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42Fetched: 10/16/2026

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