Magisterial District Courts Presented by insert your name

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

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

Magisterial District Courts 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?

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

History 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

History 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

Qualifications Magisterial district judges shall: Philadelphia judges Age qualification added later Continuing education ◦ 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 ◦ Municipal Judge must be law trained while traffic court judges do not ◦ Have retention elections ◦ Must be 21 years of age ◦ Mandatory annual update education of 32 hours

Elections 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

Elections 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 reelection 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

Additional Requirements 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

Rules of Conduct 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.

Establishing Magisterial Districts 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

Magisterial District Courts 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

Test your knowledge What types of cases are handled by a Magisterial District Judge? What authority does a Magisterial District Judge have?

Jurisdiction 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 $300. 00 Ordinance violations routinely have a maximum of $1000. 00; ◦ 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

Pennsylvania’s Magisterial District Court Statistics for 2010 (5) Type of case Filings Disposed Criminal 207, 448 201, 602 Private Criminal 105, 486 111, 737 1, 652, 692 1, 688, 514 Non-traffic 382, 159 383, 454 Civil 154, 984 152, 109 Landlord/Tenant 84, 979 84, 242 6, 654 5, 990 664 6, 654 90% 10% Traffic Protection from Abuse granted denied There were more than 2. 5 million cases filed in 2010

Pennsylvania’s Magisterial District Court Collections and Disbursements 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

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Bibliography (1) Constitution of the Commonwealth of Pennsylvania 1776. Retrieved February 19, 2012, from http: //www. duq. edu/law/paconstitution/constitutions/1776. cfm (see Sect. 30) (2) Constitution of the Commonwealth of Pennsylvania 1790. Retrieved February 19, 2012, from http: //www. duq. edu/law/paconstitution/constitutions/1790. cfm (3) Constitution of the Commonwealth of Pennsylvania 1838. Retrieved February 19, 2012, from http: //www. duq. edu/law/paconstitution/constitutions/1838. cfm (4) Schedule No. 2 Constitution of Pennsylvania (Amendments of November 2, 1909). Retrieved February 19, 2012, from http: //www. legis. state. pa. us/WU 01/LI/LI/CT/HTM/00/00. 022. . HTM

Bibliography (5) 2010 Caseload Statistics of the Unified Judicial System of Pennsylvania AOPC. (2010). Retrieved February 19, 2012, http: //www. aopc. org/NR/rdonlyres/EA 170 C 86 -5376 -4501 -AED 19 E 77 CAD 8 F 81 E/0/2010 Report. pdf (see p. 79) (6) State of the Commonwealth’s Court 2011. Retrieved February 19, 2012, http: //www. aopc. org/NR/rdonlyres/83 B 54133 -A 84 C-488 A -ACCC-BF 8 CA 9977 A 0 A/0/St. Comm. Cts 2011_update. pdf (see p. 1)