1. May 28, 2015 Working with District Judges

2. Your Cooperation is Needed Please mute your phone *6 To ask questions and open your line *6 This will help all of our friends!

3. PSAB’s Blended Training Webinars Traditional Classroom Sessions One-on-One Assistance

4. Upcoming Training Webinars 4 Developing a Community Succession StrategyJune 3 Municipal Administrators: Reporting & RecordsJune 10 Municipal Administrators: Your Role in Planning & ZoningJune 17 The Duties of the Zoning Hearing BoardJune 24

5. Upcoming Classroom Training Establishing a Rental Property Inspection Program Writing Effective Grant Proposals Basic Budgeting: Tools and Techniques The Course in Community Planning The Course in Zoning The Course in Subdivision & Land Development Review The Course in Zoning Administration Reserve Your Seat for 2015! Pennsylvania State Association of Boroughs 2015 Legal Update August 26-27, 2015 Sheraton Harrisburg/Hershey www.boroughs.org

6. Pennsylvania’s Magisterial District Justice System Presentation for the Pennsylvania State Association of Boroughs May 28, 2015 By Joseph Mittleman, Director of Judicial Programs, AOPC

7. Pennsylvania’s Unified Judicial System Supreme Court 7 Justices Superior Court 15 Judges Commonwealth Court 9 judges Common Pleas Courts 60 Judicial Districts 439 Judges Magisterial District Courts 526 judges Philadelphia Municipal Court 23 judges

8. A little history Justices of the peace part of British legal system and carried over to America. Office established as elected office under Pennsylvania Constitution of 1776 and retained in constitutions of 1790, 1838 and 1874. Duties included settling disputes within their jurisdiction. Each municipality had a justice of the peace, but each JP had county-wide jurisdiction. Salary was paid solely through fees.

9. A little history Constitution of 1968 modernized system  Reduced number of judges  Created magisterial districts  Compensated by salary paid by state  Elected to six-year terms  Mandatory retirement at age seventy (can serve as senior MDJ until age seventy-eight)

10. Qualifications of Office Twenty-one years of age Resident of magisterial district for at least one year prior to election Elected to six-year term Member of the bar or take four-week educational course and pass certifying exam MDJs permitted to have outside income, including law practice

11. Qualifications of Office Mandatory retirement at age 70 Eligible for service as senior MDJ for 10 years or until age 78, whichever comes first. Annual Salary, 2015: $88,290

12. MDJ Education Minor Judiciary Education Board o Four-week certification course o Orientation course for all newly-elected MDJS o Annual one-week continuing education course Failure to stay current with educational requirements can lead to suspension from duties.

13. Magisterial Districts District boundaries drawn by Supreme Court Rules governing boundaries o Caseloads should be close to average caseload for class of county o Workload should be equitably distributed among districts in each county o No district can cross county lines o Municipalities can be divided, but smallest voting districts cannot be split.

14. Magisterial Districts Central Courts o 21 Counties have established central courts for more efficient processing of cases Offices must be within district unless Supreme Court approves request of president judge to combine two judges in one office

15. Magisterial Districts Average District Caseloads Criminal: 332 Non-Traffic: 601 Private Criminal Complaint: 141 Traffic: 2,590 Civil: 250 Landlord/Tenant: 119 Miscellaneous: 86 Total: 4119

16. MDJ Administration Supreme Court Judicial Conduct Board/ Court of Judicial Discipline AOPC o MDJS President Judges

17. Jurisdiction of an MDJ Civil matters o Claims seeking monetary judgment of $12,000 or less Criminal o Preliminary arraignments  Reading of charges and setting bail o Preliminary hearings o Search warrants o Arrest warrants o Private criminal complaints

18. Jurisdiction of an MDJ Landlord/tenant o Eviction o Money judgment for matters under $12,000 Traffic Non-traffic summary cases o Criminal cases – summary offenses o Municipal citations

19. Jurisdiction of an MDJ Miscellaneous o Oaths o Marriages o Truancy o Emergency Protection from Abuse matters

20. Magisterial District Statistics 2013 Criminal New cases filed: 211,426 Cases disposed: 189,532 o Bound to Court: 32,995 o Waiver of Preliminary Hearing: 119,693 o Guilty Plea: 8,719 o Dismissal: 11,682 o Prosecution Withdrawn: 15,433 o Referred to Common Pleas Court: 1,010

21. Magisterial District Statistics 2013 Private Criminal Complaints New cases filed: 58,171 Cases disposed: 58,599 o Trial Guilty: 9,968 o Trial Not Guilty: 4,411 o Guilty Plea: 17,034 o ARD: 58 o Dismissal: 16,807 o Prosecution Withdrawn: 7,942 o Other: 2,379

22. Magisterial District Statistics 2013 Traffic New cases filed: 1,597,042 Cases disposed: 1,625,925 o Trial Guilty: 151,653 o Trial Not Guilty: 67,959 o Guilty Plea: 1,181,430 o Dismissal: 153,425 o Prosecution Withdrawn: 71,407 o Referred to Common Pleas Court: 51

23. Magisterial District Statistics 2013 Non-traffic New cases filed: 344,443 Cases disposed: 334,769 o Trial Guilty: 56,084 o Trial Not Guilty: 24,586 o Guilty Plea: 169,576 o ARD: 848 o Dismissal: 51,844 o Prosecution Withdrawn: 31,812 o Referred to Common Pleas Court: 19

24. Magisterial District Statistics 2013 Civil New cases filed: 120,014 Cases disposed: 125,485 o Trial: 27,824 o Default Judgment: 51,231 o Settled: 11,758 o Dismissal Without Prejudice: 21,968 o Complaint Withdrawn: 12,704

25. Magisterial District Statistics 2013 Landlord/Tenant New cases filed: 94,569 Cases disposed: 93,827 o Trial: 77,971 o Default Judgment: 69 o Settled: 8,219 o Dismissal Without Prejudice: 2,954 o Complaint Withdrawn: 4,614

26. Magisterial District Statistics 2013 Protection from Abuse New cases filed: 6,316 Cases disposed: 5,793 o Granted: 5,004 (79.2%) o Denied: 789 (12.5%)

27. 2013 Collection of Money MDJS Commonwealth $152,287,238.00 County $47,124,949.00 Municipalities $42,093,116.00 Other (schools, libraries, etc.) $3,104,227.00 Subtotal $244,609,530.00 Restitution $5,101,989.00 Total $249,711,519.00

28. 2013 Collection of Money CPCMS Commonwealth $55,376,450.69 County $109,588,366.37 Municipalities $9,219,385.06 Other (schools, libraries, etc.) $1,145,552.63 Subtotal $175,329,754.75 Restitution $30,226,720.83 Total $205,556,475.58

29. 2013 Collection of Money TOTAL Commonwealth $207,663,688.69 County $156,713,315.37 Municipalities $51,312,501.06 Other (schools, libraries, etc.) $4,249,779.63 Subtotal $419,939,284.75 Restitution $35,328,709.83 Total $455,267,994.58

30. Getting a case before an MDJ Municipalities, other than the police, are most likely to be before an MDJ for:  Parking tickets  Violation of municipal ordinance

31. Getting a case before an MDJ Parking cases Come before MDJ if ticketed individual: Fails to respond Contests ticket

32. Getting a case before an MDJ Municipal Ordinance o Issuance of citation by personal service or by certified mail, return receipt requested (can also be by criminal complaint) o Citation filed with MDJ within five days of issuance o Defendant has ten days of filing to respond (in person or by mail)

33. Getting a case before an MDJ Pleading guilty o By mail  Paying full amount if fine and costs listed on citation o Appearing before MDJ  MDJ imposes fine and costs. Payment may be made immediately, or MDJ can place defendant on payment plan

34. Getting a case before an MDJ Pleading not guilty (by mail or in person) o MDJ sets trial date o Defendant must deposit collateral (usually amount of fine or cost for offense) o Notices sent to parties o All parties may request subpoenas be issued to necessary witnesses

35. Getting a case before an MDJ If defendant fails to respond o Arrest warrant will issue o Arresting officer can take payment for full amount of fine and costs if stated on warrant Or o Defendant is taken before MDJ, trial date set, defendant posts collateral and is released

36. What to expect at a hearing Borough is prosecuting agency o You go first – solicitor, code enforcement officer, etc. o You have the burden of proving guilt beyond a reasonable doubt o Reasonable Doubt: Proof of such a convincing character that a reasonable person would not hesitate to rely and act upon it in the most important of his or her affairs.

37. What to expect at a hearing Rules of Evidence and Rules of Procedure apply (but MDJs are typically more informal than court of common pleas) If defendant fails to appear, MDJ can continue case, or may hold hearing in defendant’s absence. Borough still has to prove case, even if defendant does not appear.

38. What to expect at a hearing Defendant entitled to attorney, but may proceed without one. (No public defenders for summary cases unless jail sentence is likely.)

39. What to expect at a hearing Borough presents evidence o Testimony of borough official  Hearsay generally not permitted  Can use statements made by defendant o Testimony of witnesses o Photographs  Need to establish when photograph was taken and who took it, preferably through testimony of photographer o Other physical evidence

40. What to expect at a hearing Borough official should conduct questioning MDJ may ask questions Defendant or his attorney may cross examine witnesses Defendant may present evidence Borough official may cross-examine defense witnesses Defendant does not have to testify

41. What to expect at a hearing Verdict Must be given at conclusion of hearing o Not guilty Defendant’s collateral is returned and case is over o Guilty  Judge imposes sentence Fines and costs Imprisonment

42. What happens after the hearing? Right of appeal o Defendant has right to appeal to court of common pleas o Appeal must be filed within 30 days o On appeal, new hearing is held Payment o Collateral is used to pay fines and costs o Any unpaid balance may be due immediately or MDJ can place defendant on payment plan

43. What happens after the hearing? Default: What if he doesn’t pay? o If defendant notifies court of inability to pay  MDJ can adjust payment plan  Can schedule hearing where defendant must prove change in his or her financial status, which renders him or her unable to meet the payment schedule.

44. What happens after the hearing? Default: What if he doesn’t pay? If defendant stops paying Notice is sent by first class mail to defendant that within 10 days he must make payment or show cause why they should not be imprisoned for failing to pay. If defendant fails to respond, arrest warrant issued. When warrant is executed, defendant is brought before MDJ for hearing to show cause why they should not be imprisoned for failing to pay.

45. Search Warrants US and PA Constitutions protect citizens from “unreasonable searches and seizures.” Search warrants are required for most governmental searches.

46. Search Warrants Two types of search warrants o General warrant – used for criminal investigations o Administrative warrants – inspections to ensure compliance with administrative codes

47. Search Warrants Requirements differ for each type of warrant Review o General warrant – must be approved by judicial officer o Administrative warrants – can be approved by non-judicial official

48. Search Warrants Requirements differ for each type of warrant Probable cause o General warrant – requires probability that evidence of crime will be discovered. o Administrative warrant  Does not require belief that building contains code violations  Requires only that reasonable legislative or administrative standards for conducting an area inspection are satisfied with respect to a particular dwelling.

49. Search Warrants Exceptions Exigent Circumstances Special Needs Pervasively Regulated Businesses Businesses that require a permit or license to operate may be required as a condition of the permit or license to allow inspections, and failure to do so may result in fine or revocation of the permit or license.

50. Obtaining a Search Warrant Complete search warrant form found on Pennsylvania Courts website. http://www.pacourts.us/Links/LawEnforce ment/PoliceForms.htmhttp://www.pacourts.us/Links/LawEnforce ment/PoliceForms.htm Form can be accessed by a police officer or by a borough official requesting access by e-mailing: ccform@pacourts.usccform@pacourts.us

51. Questions? Joseph Mittleman Director of Judicial Programs Administrative Office of Pennsylvania Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 215-560-6300 joseph.mittleman@pacourts.us