2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 31 - Selection and Retention of Judicial Officers
3101 - Qualifications of judicial officers generally.


                                 PART III
                     SELECTION, RETENTION AND REMOVAL
                           OF JUDICIAL OFFICERS

     Chapter
       31.  Selection and Retention of Judicial Officers
       33.  Discipline, Removal and Retirement of Judicial Officers

        Enactment.  Part III was added July 9, 1976, P.L.586, No.142,
     effective 60 days from the date of final enactment of the act of
     April 28, 1978 (P.L.202, No.53).

                                CHAPTER 31
                     SELECTION, RETENTION AND REMOVAL
                           OF JUDICIAL OFFICERS

     Subchapter
        A.  Qualifications Generally
        B.  Qualifications of Certain Minor Judiciary
        C.  Selection of Judicial Officers
        D.  Tenure and Compensation

        Enactment.  Chapter 31 was added July 9, 1976, P.L.586,
     No.142, effective 60 days from the date of final enactment of
     the act of April 28, 1978 (P.L.202, No.53).

                               SUBCHAPTER A
                         QUALIFICATIONS GENERALLY

     Sec.
     3101.  Qualifications of judicial officers generally.
     § 3101.  Qualifications of judicial officers generally.
        (a)  General rule.--Judges and magisterial district judges
     shall be citizens of this Commonwealth. Judges, except judges of
     the Pittsburgh Magistrates Court and the Traffic Court of
     Philadelphia, shall be members of the bar of this Commonwealth.
     Judges of the Supreme, Superior and Commonwealth Courts, for a
     period of one year preceding their election or appointment and
     during their continuance in office, shall reside within this
     Commonwealth. Other judges and magisterial district judges, for
     a period of one year preceding their election or appointment and
     during their continuance in office, shall reside within their
     respective districts, except when temporarily assigned to
     another district pursuant to law. Judges and magisterial
     district judges shall be at least 21 years of age.
        (b)  Mental health review officers.--Mental health review
     officers shall be members of the bar of this Commonwealth
     without restriction as to county of residence and where possible
     should be familiar with the field of mental health. Judges of
     the Philadelphia Municipal Court may be appointed mental health
     review officers.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980,
     P.L.693, No.142, eff. 60 days; May 27, 1994, P.L.250, No.37,
     eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

        2004 Amendment.  Act 207 amended subsec. (a). See sections 28
     and 29 of Act 207 in the appendix to this title for special
     provisions relating to applicability and construction of law.
        Cross References.  Section 3101 is referred to in sections
     3131, 4121 of this title.

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