what does a pa magisterial judge do if he is not an attorney

What does a magistrate judge do in Pennsylvania?

Magisterial District Court is the first level of judicial authority in Pennsylvania and is the court where most people experience the judicial system for the first time. Magisterial District Judges handle all traffic cases, minor criminal cases, and civil cases involving amounts up to $12,000.

Do judges in PA have to be lawyers?

One does not have to be a lawyer or have attended law school to be a minor court judge in Pennsylvania, a trait that makes the state unique. Many people who have never practiced law are presiding over district magistrate courts.

Do you need a law degree to be a magistrate in PA?

HARRISBURG — You need a law degree to practice law in Pennsylvania – that is, unless you're a judge. In Pennsylvania that pesky law degree isn't needed for more than 500 judicial offices.

What does a local magistrate do?

Magistrate judges perform a wide range of duties in civil and criminal cases. In civil cases, they will hear pre trial motions, conduct settlement and pre trial conferences, and may, on assignment, handle dispositive motions and, with the consent of the parties, may conduct the trial.

How do you become a magistrate in PA?

Resident of the Commonwealth of Pennsylvania. Resident of his/her magisterial district for a one-year period prior to election. Certified by the Administrative Office of Pennsylvania Courts as successfully completing a rigorous training and education program administered by the Minor Judiciary Education Board.

How long is the term of a judge in Pennsylvania?

For the Supreme Court, Superior Court, Commonwealth Court, and Court of Common Pleas, there is a 10-year term. For magisterial district courts and municipal courts, judges serve a 6-year term.

Do you need any qualifications to be a magistrate?

Qualifications. You do not need formal qualifications or legal training to become a magistrate. You will get full training for the role, and a legal adviser in court will help you with questions about the law.

How long is Magistrates training?

Magistrates do not need any specific legal training, nor do they sit exams. Instead, they undergo mandatory training of about three and a half days before sitting in court, and will be allocated a mentor for their first year.

How much do PA judges make?

(1) The annual salary of a judge of the Superior Court shall be $214,261. (2) The annual salary of the President Judge of the Superior Court shall be $220,866. (c) Commonwealth Court. (1) The annual salary of a judge of the Commonwealth Court shall be $214,261.

What powers does a magistrate have?

Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to 12 months' custody, depending on the offence. Find out more about the different types of sentence and see the guidelines for sentencing offences in magistrates' courts.

What type of cases do magistrates deal with?

Magistrates are trained, unpaid members of their local community, who work part-time and deal with less serious criminal cases, such as minor theft, criminal damage, public disorder and motoring offences.

Do magistrates have a title?

On a bench of two or three, the magistrate who speaks openly in court is formally known as the Presiding Justice, or more informally as the chair, chairman or PJ.

What is a Magisterial District Court in Pennsylvania?

The Magisterial District Courts are part of the minor court system, along with Philadelphia’s and Pittsburgh’s Municipal Courts, that represent the first level of Pennsylvania’s judicial system.

How many hours of continuing education do you need to become a magistrate in Pennsylvania?

Magisterial Judges in Pennsylvania are required to complete 32 hours of continuing education each year.

What are the qualifications to become a magistrate?

The qualifications to run for the position of Magisterial Judge are: 1 21 years of age or older 2 Resident of Pennsylvania 3 Resident of the Magisterial District for at least one year before election 4 Licensed Attorney or certification of successful completion of the Minor Judiciary’s Education Program

How long does it take for a court to decide a case in Pennsylvania?

Most decisions by a District Court do not become final until 30 days after the decision, as that is the time frame in which most decisions are appealable; landlord-tenant actions provide a shorter appeal window.

How many counties are there in Pennsylvania?

Pennsylvania has 67 counties, 2,560 municipalities (cities, townships, and boroughs), and 546 Magisterial District Courts . The numbers assigned to each Magisterial District Court represent the county, magisterial district, and specific number designation of the court.

How long does a magistrate serve in Pennsylvania?

In Pennsylvania, each Magisterial District Court has one Magisterial Judge. Magisterial Judges are elected officials that serve a term of 6-years after which they can run for the position again.

What education do judges need?

Judges have no formal education requirements such as undergraduate or advanced degrees

What is a magisterial district court?

Magisterial district courts are referred to as courts of limited jurisdiction as they are limited to certain matters. Nevertheless, magisterial district courts are involved in both the civil and criminal arena. For criminal matters, a magisterial district court judge handles summary offenses, preliminary hearings, and, in some counties, ...

What is the amount of controversy in a magisterial district court case?

However, being courts of limited jurisdiction, magisterial district courts are considered a small claims court and can only hear cases with an amount in controversy up to $12,000.

What happens if a defendant loses at the preliminary hearing?

Assuming the defendant loses at the preliminary hearing, or if the preliminary hearing is waived, the magisterial district court judge will set bail for the defendant and the case will be sent to the court of common pleas for further adjudication of the charges.

What is a preliminary hearing?

The preliminary hearing is the procedural step in the criminal process where the magisterial district court is determining whether there is enough evidence to bind the case over for a court of common pleas judge. This is also referred to as establishing a prima facie case. By waiving the preliminary hearing, an individual is not pleading guilty; he or she is simply allowing the case to be bound over to the court of common pleas.

How long does it take to appeal a Magisterial District Court decision?

Focusing on summary offenses, if a defendant receives an unfavorable result, that individual can, within 30 days from the date of the decision, appeal the magisterial district court judge’s decision to the court ...

Does Pennsylvania have a district court?

Pennsylvania has magisterial district courts in all of its counties except Philadelphia and Pittsburgh. Philadelphia and Pittsburgh have their own municipal court. Nevertheless, both function similarly as the other magisterial district courts throughout the state.

Who is eligible to serve as a Magisterial District Judge in Pennsylvania?

(a) Any magisterial district judge who has been certified by the Administrative Office of Pennsylvania Courts as eligible to serve as a senior magisterial district judge shall be admitted to the continuing education program sponsored by the Minor Judiciary Education Board every year as required by Rule 20.

What is the rule for magisterial district judges?

This rule prohibits only political activity that is partisan in nature and consequently there is no objection to magisterial district judges becoming engaged in political activity of a public service nature, such as, for example, political activityoin behalf of measures to improve the law, the legal system or the administration of justice.

Why is an independent judiciary important?

An independent and honorable judiciary is indispensable to justice. Magisterial district judges should participate in establishing, maintaining and enforcing, and shall themselves observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. The provisions for these rules governing standards of conduct of magisterial district judges shall be construed and applied to further that objective.

How many hours of continuing education do you need to be a magistrate?

Every magisterial district judge shall complete a continuing education program each year equivalent to not less than 32 hours per year in such courses or programs as are approved by the Minor Judiciary Education Board. If a magisterial district judge fails to meet these continuing education requirements, the judge shall be subject to suspension by the Supreme Court until such time as evidence of compliance with such requirements is submitted by the board, but in no event longer than six months at which time the failure to meet the continuing education requirements shall be grounds for the Supreme Court, after a hearing, to declare a vacancy in that district.

How many hours of continuing education do you need to be a traffic court judge in Philadelphia?

Every Philadelphia Traffic Court judge shall complete a continuing education program each year equivalent to not less than twenty (20) hours per year in such courses or programs as are approved by the Minor Judiciary Education Board. If a Philadelphia Traffic Court judge fails to meet these continuing education requirements the judge shall be subject to suspension until such time as evidence of compliance with such requirements is submitted by the Minor Judiciary Education Board, but in no event for longer than six months at which time the failure to meet the continuing education requirements shall be grounds for removal and the declaration of a vacancy in the Philadelphia Traffic Court.

Do district judges have to abstain from public comment?

Magisterial district judges shall abstain from public comment about a proceeding pending or impending in their offices or in any court, and shall require similar abstention on the part of their staff. This rule does not prohibit magisterial district judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court.

When did the Pennsylvania Supreme Court order end partisan political activity?

By Order of December 29, 2010, effective immediately, the Pennsylvania Supreme Court defined “partisan political activity”and when campaign activity and solicitation of funds may commence.

What is a magistrate in Pennsylvania?

Pennsylvania magistrate, also known as Magisterial District Courts or small claims court, handle civil cases that are less than $12,000, landlord and tenant complaints, as well as criminal cases. This article will focus on on civil complaints filed at the magistrate.

When will the move over law be implemented in Pennsylvania?

New PA “Move Over” Law Implemented April 27, 2021

Do you have to hire an attorney for a magistrates court hearing?

Many people do not hire an attorney for the hearing at the magistrates, so often times neither the plaintiff or defendant is represented.   If you do hire an attorney they will send in their “Entry of Appearance.” This lets the court and the other party know that an attorney will be representing you.   Depending on the type of case that you have, an attorney can represent you without you being at the hearing.   This happens most often when the attorney does not plan to introduce facts or evidence and is simply arguing that the other party does not have enough information to meet the burden of proof.

Information

A landlord who wants to evict a tenant, who has not moved in response to the landlord’s eviction notice, must file a lawsuit at the Magisterial District Judge called a Landlord/Tenant Complaint.

What is a Magisterial District Judge?

A Magisterial District Judge is a locally elected official who decides civil lawsuits including landlord/tenant matters. The Magisterial District Judge used to be called a District Justice and before that a Justice of the Peace.

Should I Attend the Hearing?

Yes, especially if you have a defense or a counterclaim. Even if you do not have a defense to what the Complaint says, you should still go to the hearing, because the person suing you might try to get the Magisterial District Judge to enter a bigger judgment against you than what is stated in the Complaint.

What is a Defense?

A defense is your argument about why the landlord should not be allowed to evict you or why you should not have to pay the amount of money the landlord or other party suing you claims you owe.

What is a Counterclaim?

If you have a claim against the landlord or other party who sued you, you may file a counterclaim, also called a “cross-complaint,” at the Magisterial District Judge’s office.

How Should I Prepare My Case?

Presenting the case is a matter of common sense. You should make a written outline or checklist to use at the hearing. You want to be sure you ask all the questions and present all the evidence you want the Magisterial District Judge to consider.

What Happens at the Hearing?

At the hearing, the person who sued you is allowed to testify first. He or she can testify and also have witnesses testify. After the party who sued you and their witnesses testify, the Magisterial District Judge will give you a chance to ask questions of those persons. You and your witnesses will then have a chance to testify.

What are the requirements for a judge to be appointed?

Before justices and judges can be appointed or elected to their positions, they must meet certain basic requirements, including citizenship and residency. All but magisterial district judges must be members of the Bar of the Pennsylvania Supreme Court. Judges are also subject to strict standards of conduct.

How long do judges serve?

Judicial elections occur in odd-numbered years. Justices and judges may serve an unlimited number of terms until they reach the mandatory retirement age of 75 and are retained or re-elected by the voters. Vacancies that exist before an election may be filled by gubernatorial appointment until an election is held. These selections are subject to Senate confirmation.

Can a magisterial judge be retained in Pennsylvania?

The merit retention provision of Pennsylvania's constitution allows all but magisterial district judges to be retained with a simple "yes" or "no" vote without ballot reference to political affiliation.

Can a judge be suspended in Pennsylvania?

Judges may be removed from office, suspended or disciplined for misconduct in office. These standards are specified in the Pennsylvania Constitution, the Code of Judicial Conduct in the Pennsylvania Rules of Court, the "Rules Governing Standards of Conduct of Magisterial District Judges," and other court rules and orders set by Pennsylvania's Supreme Court.