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Erie County Magisterial District, Pennsylvania

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The Erie County Magisterial District resides in Pennsylvania. Click on the links below to learn more about the court's...

Jurisdiction

This court holds the following jurisdiction:[1]

Minor courts, or special courts, are the first level of Pennsylvania's judiciary. These courts are presided over by magisterial district judges (MDJs) and municipal court judges. MDJs do not have to be lawyers, but they are required to pass a qualifying exam. Each court has its own elected judges.

Responsible for

  • Whether serious criminal cases go to the Court of Common Pleas
  • Preliminary arraignments and preliminary hearings
  • Setting and accepting bail, except in murder or voluntary manslaughter cases[2]

Selection method

See also: Judicial selection in the states
See also: Partisan election of judges

Judges of the Pennsylvania Magisterial Districts are selected in partisan elections. They serve six-year terms. After their initial term, magistrates must run for new terms in contested races.[3][4]

Qualifications
A judge must be:

  • a local resident for at least one year;[4]
  • a state bar member;*
  • no younger than 21; and
  • no older than 75.

*Magisterial district judges may alternatively pass a training course to sidestep the bar member requirement.[4]

Judicial elections in Pennsylvania

See also: Pennsylvania judicial elections

Pennsylvania is one of eight states that use partisan elections to initially select judges and then use retention elections to determine whether judges should remain on the bench. To read more about how states use judicial elections to select judges across the country, click here.

Primary election

Though the state holds partisan elections, most candidates cross-file with the major political parties. If a candidate wins both the Republican and Democratic primary, he or she runs unopposed in the general election.

Retention election

All judges except those of the magisterial districts face retention elections following their initial term. After a judge has won an initial partisan election, subsequent terms are attained through retention elections. In retention elections, judges do not compete against another candidate, but voters are given a "yes" or "no" choice whether to keep the justice in office for another term. If the candidate receives more yes votes than no votes, he or she is successfully retained. If not, the candidate is not retained, and there will be a vacancy in that court upon the expiration of that term. This applies to all judges except magisterial district judges, who are always elected in partisan elections.[5][6]

See also



External links

Footnotes