Magisterial District Courts This presentation was developed by the Special Court Judges Association of Pennsylvania and the Pennsylvania Bar Association Presented by (insert your name) District Court # (insert your court)

First tier of Pennsylvania’s Judicial System PA Supreme Court Common Pleas Courts Magisterial District Courts and Municipal Courts Commonwealth Court Superior Court

 For many Pennsylvanians the Magisterial District Courts are the first, and often the only, courts they will ever encounter  We are going to talk about… ◦ When were the Magisterial District Courts established? ◦ How does one become a Judge? ◦ What are the qualifications and training? ◦ What types of cases are handled and what authority does a Magisterial District Judge have?

 How long have magisterial district judges been a part of Pennsylvania’s Judicial system?  What do magisterial district judges do?

 Under the 1776 Constitution (1) ◦ justices of the peace were elected to seven-year terms by the freeholders of each city and county  In 1790, the Pennsylvania Constitution changed (2) ◦ justices of the peace were now appointed by the governor for life  Constitutional Amendment in 1838 (3) ◦ Constitution changed to an election process for justices of the peace for five year terms  In 1909 (4) ◦ Term of office amended to 6 years

 In 1968, the Pennsylvania Constitution was rewritten  Article V of the Constitution provides the current framework for Pennsylvania's judiciary, including the magisterial district court system ◦ Justices of the peace are elected in a magisterial district  Magisterial districts are created based on population and population density ◦ Philadelphia is excluded from the new system  Creates a Municipal Court and a Traffic Court in this county ◦ Allegheny County  Has a Municipal Court but is staffed by district judges  Functions as a Central Court

 Magisterial district judges shall : ◦ Be a resident of his/her district for one year prior to election ◦ Must reside in his/her district during their continuation in office ◦ Either be a member of the bar of the Supreme Court OR be certified for the office by the Minor Judiciary Education Board ◦ Be elected to a six year term  Philadelphia judges ◦ Municipal Judge must be law trained while traffic court judges do not ◦ Have retention elections  Age qualification added later ◦ Must be 21 years of age  Continuing education ◦ Mandatory annual update education of 32 hours

 Judicial elections occur in odd-numbered years  With the exception of the special court judges, all justices and judges within the Unified Judicial System are elected to ten-year terms ◦ Have retention elections  Vacancies in office ◦ May be filled by a gubernatorial appointment ◦ Subject to Senate confirmation

 Judges and justices may serve an unlimited number of terms and are re-elected at the pleasure of the electorate  The "merit retention" provision of Pennsylvania's constitution allows justices and judges to run for re- election on a "yes-no" vote, without ballot reference to political affiliation ◦ This provision was designed to remove judges from the pressures of the political arena

 Must comply with the Rules Governing Standard of Conduct ◦ Must give judicial duties first priority over any other occupation, business, profession or gainful pursuit ◦ Cannot be political  Exception – may have restricted political activity in a re-election year ◦ Additional restrictions on the practice of law if the judge is an attorney  Mandatory retirement ◦ At age 70 ◦ Can elect to take Senior status  This service helps to ease court backlogs

 Judges are subject to strict standards of conduct, and they may be removed, suspended or otherwise disciplined for misconduct in office.  Those standards are specified in: ◦ Pennsylvania Constitution ◦ Rules of Conduct, Office Standards and Civil Procedures for Magisterial District Judges ◦ And such other court rules and orders as have been promulgated by the state Supreme Court.

 Article V, §7 states, in part, "[i]n any judicial district, other than the City of Philadelphia, where a community court has not been established or where one has been discontinued there shall be one justice of the peace in each magisterial district." See also 42 Pa.C.S. §1511 (one magisterial district judge in each magisterial district)  The Pennsylvania General Assembly initially set classes of magisterial districts, 42 Pa.C.S. §1502, however, the Supreme Court is authorized to revise the number, boundaries and classes of magisterial districts within each judicial district in the year following the decennial federal census and as required for the efficient administration of justice. Pa. Const. art.V, §7(b); 42 Pa.C.S. §1503

 In 2011 ◦ A total of 544 magisterial district judges served throughout the Commonwealth  In 2012 and forward ◦ The Supreme Court has requested that counties review the number of district courts needed

 What types of cases are handled by a Magisterial District Judge?  What authority does a Magisterial District Judge have?

 Magisterial District Judges' jurisdiction is established by the General Assembly. That jurisdiction includes: ◦ Summary offenses  Includes traffic and non-traffic  Title 18 (non-traffic) fines usually carry a maximum of $  Ordinance violations routinely have a maximum of $ ; ◦ Landlord and Tenant Act  Can be residential or non-residential; ◦ Civil claims (except those against the Commonwealth)  The sum demanded does not exceed $12,000;

 Jurisdiction continued: ◦ Preside at preliminary arraignments  To fix and accept bail in criminal cases for misdemeanor, felony or homicide charges ◦ Issue arrest and search warrants  Based on probable cause in criminal cases

 Jurisdiction continued : ◦ Preside at preliminary hearings in criminal cases ◦ Offenses under Title 75 Pa.C.S.§ 3802 (relating to driving under the influence of alcohol or controlled substance ◦ Accept guilty pleas on some misdemeanors of the third degree under certain circumstances and all offenses under Title 34 (Game Law) ◦ Any other matter in which jurisdiction is vested by statute  i.e. issue emergency protection from abuse orders  District judges also : ◦ Administer oaths and affirmations ◦ Perform weddings

Type of caseFilingsDisposed Criminal 207, ,602 Private Criminal 105, ,737 Traffic1,652,6921,688,514 Non-traffic 382, ,454 Civil 154, ,109 Landlord/Tenant 84,979 84,242 Protection from Abuse granted denied 6,654 5, ,654 90% 10% There were more than 2.5 million cases filed in 2010

Total Statewide (MDJ)$274,755,874 Commonwealth$162,008,826 Counties $55,641,629 Municipalities $46,254,093 Other (Schools, Libraries, Tax Agencies, etc.) $3,832,415 Restitution to Victims $7,018,910 In 2010, the Pennsylvania Court System disbursed a record $480 million in payments to state and local governments and victims (6) The above chart does not include Philadelphia Courts

 (1) Constitution of the Commonwealth of Pennsylvania Retrieved February 19, 2012, from constitution/constitutions/1776.cfm (see Sect. 30)  (2) Constitution of the Commonwealth of Pennsylvania Retrieved February 19, 2012, from constitution/constitutions/1790.cfm  (3) Constitution of the Commonwealth of Pennsylvania Retrieved February 19, 2012, from constitution/constitutions/1838.cfm  (4) Schedule No. 2 Constitution of Pennsylvania (Amendments of November 2, 1909). Retrieved February 19, 2012, from

 (5) 2010 Caseload Statistics of the Unified Judicial System of Pennsylvania AOPC. (2010). Retrieved February 19, 2012,  9E77CAD8F81E/0/2010Report.pdf (see p. 79)  (6) State of the Commonwealth’s Court Retrieved February 19, 2012, 488A-ACCC-BF8CA9977A0A/0/StCommCts2011_update.pdf (see p. 1) 488A-ACCC-BF8CA9977A0A/0/StCommCts2011_update.pdf