2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 31 - Selection and Retention of Judicial Officers
3131 - Selection of judicial officers for regular terms.

                               SUBCHAPTER C
                      SELECTION OF JUDICIAL OFFICERS

     Sec.
     3131.  Selection of judicial officers for regular terms.
     3132.  Vacancies in office.
     3132.1. Reappointment of magisterial district judge.
     3133.  Commonwealth Court judges.
     3134.  Community court judges.
     3135.  Increase in number of judges.
     § 3131.  Selection of judicial officers for regular terms.
        (a)  Judges and magisterial district judges generally.--
     Except as provided in subsection (d) judges and magisterial
     district judges shall be elected for a regular term of office at
     the municipal election next preceding the commencement of their
     respective regular terms of office by the electors of this
     Commonwealth or the respective districts in which they are to
     serve. A candidate for judge or magisterial district judge shall
     not be placed upon a ballot in any primary or municipal election
     unless that person will meet the qualifications set forth in
     section 3101 (relating to qualifications of judicial officers
     generally) as of the beginning of the term of office for which
     the candidate runs.
        (b)  Retention election after transfer or appointment.--Any
     of the following may file a declaration for candidacy for
     retention election with the Secretary of the Commonwealth on or
     before the first Monday of January of the year preceding the
     year in which his term of office expires:
            (1)  a person elected to the Philadelphia Municipal Court
        pursuant to this section, or corresponding provisions of
        prior law, who becomes a judge of the Community Court of
        Philadelphia County pursuant to section 3321(b)(1) (relating
        to establishment of community courts);
            (2)  a person elected to the Community Court of
        Philadelphia County pursuant to this section who becomes a
        judge of the Philadelphia Municipal Court pursuant to section
        3322(b) (relating to discontinuance of community courts); or
            (3)  a person appointed to the Commonwealth Court who:
                (i)  shall have held office as an elected judge of a
            court of common pleas and shall not have been defeated
            for reelection or retention election;
                (ii)  shall hold an appointive term on the
            Commonwealth Court which when added to his other service
            as a judge of a court of common pleas and/or the
            Philadelphia Municipal Court (whether or not continuously
            or on the same court and whether by election or
            appointment) shall aggregate at least ten years as of the
            date of expiration of such appointive term on the
            Commonwealth Court; and
                (iii)  shall have been appointed to the Commonwealth
            Court pursuant to any executive order then in effect
            relating to the selection and screening of qualified
            nominees for appointment to the court.
     If no declaration is filed, a vacancy shall exist upon the
     expiration of the term of office of such judge, to be filled by
     election under subsection (c). If a judge files a declaration,
     his name shall be submitted to the electors without party
     designation, as a separate judicial question or in a separate
     column or line on voting machines, at the municipal election
     immediately preceding the expiration of the term of office of
     the judge, to determine only the question whether he shall be
     retained in office. If a majority is against retention, a
     vacancy shall exist upon the expiration of his term of office,
     to be filled by appointment under section 3132(a) (relating to
     vacancies in office). If a majority favors retention, the judge
     shall serve for a regular term of office provided for in section
     3152 (relating to tenure of judicial officers), unless sooner
     removed or retired. At the expiration of such regular term such
     judge shall be eligible for retention as provided in section
     3153 (relating to retention elections after regular term),
     subject only to the retirement provisions of this part. Section
     3133 (relating to Commonwealth Court judges) shall not be
     applicable to an election conducted pursuant to this subsection.
        (c)  Other elections.--Except as provided in subsection (b)
     judges and magisterial district judges shall be elected as
     provided in the act of June 3, 1937 (P.L.1333, No.320), known as
     the "Pennsylvania Election Code."
        (d)  Pittsburgh Magistrates Court.--The judges of the
     Pittsburgh Magistrates Court shall be appointed by the Mayor of
     the City of Pittsburgh with the advice and consent of the
     Council of the City of Pittsburgh. All of such judges shall not
     be of the same political party.
        (e)  Appointive judicial officers.--Subject to any
     inconsistent general rules or other inconsistent provisions of
     law, appointive judicial officers shall be appointed and their
     duties shall be fixed by the court in which they are to serve.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1978,
     P.L.1098, No.257, eff. imd.; 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 subsecs. (a) and (c). See
     sections 28 and 29 of Act 207 in the appendix to this title for
     special provisions relating to applicability and construction of
     law.
        1980 Amendment.  Act 142 amended subsec. (b).
        Cross References.  Section 3131 is referred to in sections
     3132, 3133, 3153 of this title.