Magisterial District Courts

Magisterial District CourtsMagisterial District Courts

This presentation was developed by theThis presentation was developed by theSpecial Court Judges Association of Pennsylvania Special Court Judges Association of Pennsylvania and the Pennsylvania Bar Associationand the Pennsylvania Bar Association

Presented by (insert your name) District Court # (insert your court)

First tier of Pennsylvania’s Judicial System

Commonwealth Court

SuperiorCourt

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 $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

Type of case Filings Disposed

Criminal 207,448 201,602

Private Criminal 105,486 111,737

Traffic 1,652,692 1,688,514

Non-traffic 382,159 383,454

Civil 154,984 152,109

Landlord/Tenant 84,979 84,242

Protection from Abuse granted denied

6,654 5,990 664

6,654 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 1776. Retrieved February 19, 2012, from http://www.duq.edu/law/pa-constitution/constitutions/1776.cfm (see Sect. 30)

(2) Constitution of the Commonwealth of Pennsylvania 1790. Retrieved February 19, 2012, from http://www.duq.edu/law/pa-constitution/constitutions/1790.cfm

(3) Constitution of the Commonwealth of Pennsylvania 1838. Retrieved February 19, 2012, from http://www.duq.edu/law/pa-constitution/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/WU01/LI/LI/CT/HTM/00/00.022..HTM

(5) 2010 Caseload Statistics of the Unified Judicial System of Pennsylvania AOPC. (2010). Retrieved February 19, 2012,

http://www.aopc.org/NR/rdonlyres/EA170C86-5376-4501-AED1-9E77CAD8F81E/0/2010Report.pdf (see p. 79)

(6) State of the Commonwealth’s Court 2011. Retrieved February 19, 2012, http://www.aopc.org/NR/rdonlyres/83B54133-A84C-488A-ACCC-BF8CA9977A0A/0/StCommCts2011_update.pdf (see p. 1)