2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 31 - Selection and Retention of Judicial Officers
3132 - Vacancies in office.

     § 3132.  Vacancies in office.
        (a)  General rule.--Except as provided in subsection (b), a
     vacancy in the office of judge or magisterial district judge
     shall be filled by appointment by the Governor. The appointment
     shall be with the advice and consent of two-thirds of the
     members elected to the Senate, except in the case of magisterial
     district judges which shall be by a majority. The person so
     appointed shall serve for a term ending on the first Monday of
     January following the next municipal election more than ten
     months after the vacancy occurs or for the remainder of the
     unexpired term whichever is less.
        (b)  Pittsburgh Magistrates Court.--A vacancy in the office
     of judge of the Pittsburgh Magistrates Court shall be filled as
     provided in section 3131(d) (relating to Pittsburgh Magistrates
     Court).
        (c)  Retention vacancies.--The provisions of subsection (a)
     shall not apply to a vacancy to be filled by retention election
     as provided in section 3131(b) (relating to retention election
     after transfer or appointment) or section 3153 (relating to
     retention elections after regular term) or to a vacancy created
     by failure of a judge to file a declaration for retention
     election as provided in section 3131(b) or section 3153.
        (d)  Vacancies following appointive term.--A vacancy
     occurring at the expiration of an appointive term under
     subsection (a) shall be filled by election as provided in
     section 3131 (relating to selection of judicial officers for
     regular terms).
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980,
     P.L.693, No.142, eff. 60 days; 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 3132 is referred to in sections
     3131, 3153 of this title.