42 Pa.C.S. Ch. 33

in effect

42 Pa.C.S. § 3301 Constitutional restrictions.

Judges shall devote full time to their judicial duties, and shall not engage in the practice of law, hold office in a political party or political organization, or hold an office or position of profit in the government of the United States, the Commonwealth or any municipal corporation or political subdivision thereof, except in the armed service of the United States or the Commonwealth.

42 Pa.C.S. § 3302 Additional restrictions.

A judge shall not engage in any activity prohibited by this subchapter or any other provision of law and shall not violate any canon of ethics prescribed by general rule. A magisterial district judge shall devote the time necessary for the prompt and proper disposition of the business of that office, which shall be given priority over any other occupation, business, profession, pursuit or activity. A magisterial district judge shall not use or permit the use of the premises established for the disposition of magisterial business for any other occupation, business, profession or gainful pursuit. A magisterial district judge shall not hold any other elected or appointed public office in this Commonwealth. A magisterial district judge and an appointive judicial officer shall be governed by rules or canons prescribed by general rule. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 20, 1979, P.L.157, No.52, eff. 60 days; 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. § 3303 Additional compensation prohibited.

No judicial officer shall be paid or accept for the performance of any judicial duty or for any service connected with his office, any fee, emolument or perquisite other than the salary and expenses provided or prescribed by law.

42 Pa.C.S. § 3304 Acting as collection agent or paid arbitrator prohibited.

(a) Collection agent.--No judge or magisterial district judge shall act as agent for a person in the collection of a claim or judgment for money. (b) Arbitrator.--No judge or magisterial district judge shall receive any fee or emolument for performing the duties of an arbitrator. (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. § 3305 Automatic removal upon conviction or disbarment.

A judge or magisterial district judge convicted of misbehavior in office by a court, disbarred as a member of the bar of this Commonwealth or removed under Subchapter C (relating to discipline and removal of judges) shall forfeit automatically his judicial office and thereafter be ineligible for judicial office. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993; 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. § 3306 Automatic removal upon nonjudicial candidacy.

A judge who shall file for nomination for or election to any public office other than a judicial office shall forfeit automatically his judicial office.

42 Pa.C.S. § 3307 Automatic suspension of judicial officer under impeachment.

No judge or magisterial district judge against whom impeachment proceedings are pending in the Senate shall exercise any of the duties of his office until he shall have been acquitted. (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. § 3321 Establishment of community courts.

(a) General rule.--In a judicial district which establishes a community court, a person serving as a magisterial district judge at such time: (1) may complete his term exercising the jurisdiction provided or prescribed by law and with the compensation provided by or pursuant to statute; and (2) upon completion of his term, his office is abolished and no judicial function of the kind theretofore exercised by a magisterial district judge shall thereafter be exercised other than by the community court. (b) Philadelphia.--If a community court is established in the City and County of Philadelphia: (1) The judges of the Philadelphia Municipal Court shall become judges of the Community Court of Philadelphia County and their tenure shall not be otherwise affected. (2) The office of judge of the Traffic Court of Philadelphia is abolished effective upon the establishment of the community court. (3) No jurisdiction of the kind theretofore exercised exclusively by the municipal and traffic courts shall thereafter be exercised other than by the community court. (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. Traffic Court of Philadelphia. Section 22 of Act 142 of 1976 provided that, in the event of the establishment of a community court in the City and County of Philadelphia prior to the expiration of the current term of office of a judge of the Traffic Court of Philadelphia holding office on the effective date of Act 142, the status of such judge shall be determined under subsection (z) of section 16, Schedule to Article V of the Constitution of Pennsylvania, adopted April 23, 1968, and not by the provisions of section 3321(b). References in Text. The Traffic Court of Philadelphia, referred to in subsec. (b)(2), was abolished by Joint Resolution No.2 of 2016. Cross References. Section 3321 is referred to in sections 1102, 3131 of this title.

42 Pa.C.S. § 3322 Discontinuance of community courts.

(a) General rule.--In a judicial district which discontinues a community court, a person serving as a judge of the community court at such time: (1) may complete his term exercising the jurisdiction provided or prescribed by law and with the compensation provided by or pursuant to statute; and (2) upon completion of his term, his office is abolished and no judicial function of the kind theretofore exercised by the community court shall thereafter be exercised other than by the court of common pleas and the magisterial district judges of the judicial district. (b) Philadelphia.--If the Community Court of Philadelphia County is discontinued the judges of that court shall become judges of the Philadelphia Municipal Court and their tenure shall not be otherwise affected. (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. Cross References. Section 3322 is referred to in sections 1102, 3131 of this title.

42 Pa.C.S. § 3331 Power of discipline or removal.

(a) Judges.--Any judge may be suspended, removed from office or otherwise disciplined for violation of Subchapter A (relating to standards of conduct), misconduct in office, neglect of duty, failure to perform his duties, or conduct which prejudices the proper administration of justice or brings the judicial office into disrepute and may be retired for disability seriously interfering with the performance of his duties. (b) Magisterial district judges.--The suspension, removal, discipline and compulsory retirement of magisterial district judges shall be governed by general rule. (July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1993 Amendment. Act 56 amended subsec. (a).

42 Pa.C.S. § 3332 Investigation and hearing.

Investigation and hearing shall be governed by section 18 of Article V of the Constitution of Pennsylvania. (July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993)

42 Pa.C.S. § 3333 Recommendation to and action by Supreme Court (Deleted by amendment).

1993 Amendment. Section 3333 was deleted by amendment July 2, 1993, P.L.395, No.56, effective August 16, 1993.

42 Pa.C.S. § 3334 Proceedings confidential.

Confidentiality shall be governed by section 18 of Article V of the Constitution of Pennsylvania. (July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993)

42 Pa.C.S. § 3351 Automatic retirement on age.

Judges and magisterial district judges shall be retired upon attaining the age of 75 years. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Nov. 24, 2015, P.L.229, No.62) 2015 Amendment. Section 3(2) of Act 62 provided that the amendment shall take effect upon publication in the Pennsylvania Bulletin of the notice of adoption of an amendment to section 16(b) of Article V of the Constitution of Pennsylvania which provides for mandatory retirement at 75 years of age. The notice was published in the Pennsylvania Bulletin on January 28, 2017, at 47 Pa.B. 418. 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Special Provisions in Appendix. See section 23 of Act 142 of 1976 in the appendix to this title for special provisions relating to existing judicial officers.

42 Pa.C.S. § 3352 Pension rights.

(a) General rule.--Former and retired judges and magisterial district judges shall receive such compensation as shall be provided by or pursuant to statute. No salary, retirement benefit or other compensation shall be paid to any judge or magisterial district judge who is suspended or removed from office under section 18 of Article V or under Article VI of the Constitution of Pennsylvania. (b) Definition.--As used in this section "former" means a judge or magisterial district judge serving by appointment or election who vacates his office upon the expiration of his term or who resigns his office. (July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993; 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. Special Provisions in Appendix. See section 408 of Act 5 of 2017 in the appendix to this title for special provisions relating to restoration of service credit or retirement benefits. Cross References. Section 3352 is referred to in section 8533 of Title 24 (Education); section 5953 of Title 71 (State Government).

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