Philadelphia Municipal Court
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The Philadelphia Municipal Court resides in Pennsylvania. Click on the links below to learn more about the court's...
Jurisdiction
This court holds the following jurisdiction:[1]
| “ | (a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), the Philadelphia Municipal Court shall have jurisdiction of the following matters: (1) Summary offenses, except those arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed under Chapter 63 (relating to juvenile matters). (2) Criminal offenses by any person (other than a juvenile) for which no prison term may be imposed or which are punishable by imprisonment for a term of not more than five years, including indictable offenses under Title 75 (relating to vehicles). In cases under this paragraph the defendant shall have no right of trial by jury in the municipal court, but shall have the right of appeal for trial de novo, including the right of trial by jury, to the court of common pleas. The judges of the municipal court exercising jurisdiction under this paragraph shall have the same jurisdiction in probation and parole arising out of sentences imposed by them as judges of the court of common pleas. (3) Matters arising under the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951. The judges of the Philadelphia Municipal Court shall have the power to enter judgments exceeding $5,000 in matters arising under this subsection. Appeals from a judgment of the municipal court under this subsection shall be to the court of common pleas in accordance with local rules of court established by the administrative judge of the trial division. Those rules shall not be inconsistent with Statewide rules of procedure as established by the Supreme Court. (4) Civil actions, except actions by or against a Commonwealth party as defined by section 8501 (relating to definitions), wherein the sum demanded does not exceed $12,000, exclusive of interest and costs, in the following classes of actions: (i) In assumpsit. A plaintiff may waive a portion of his claim of more than $12,000 so as to bring the matter within the monetary jurisdiction of the municipal court. Such waiver shall be revoked automatically if the defendant appeals the final order of the municipal court. In cases under this paragraph the defendant shall have no right of trial by jury in the municipal court, but shall have the right to appeal for trial de novo, including the right of trial by jury, to the court of common pleas, in accordance with local rules of court established by the administrative judge of the trial division. These rules shall not be inconsistent with Statewide rules of procedure as established by the Supreme Court. It is the purpose of this paragraph to establish an expeditious small claims procedure whereby it shall not be necessary for the litigants to obtain counsel. Judgments by confession shall not be entered in the municipal court. (5) As commissioners to preside at arraignments, fix and accept bail, issue warrants and perform duties of a similar nature, including the jurisdiction of a committing magistrate in all criminal proceedings. In addition to the exercise of the powers by the judges set forth in this paragraph, the Philadelphia Municipal Court, through the president judge and a majority of the judges of the court, shall have the power to appoint for four-year terms six arraignment court magistrates, to administer oaths and affirmations, preside at preliminary arraignments, assign counsel in certain cases, issue criminal complaints, fix bail and issue arrest warrants and search and seizure warrants. The arraignment court magistrates shall be employees of the Commonwealth and they shall receive an annual salary equal to the salary of an associate judge of the Traffic Court of Philadelphia. The method of selection and appointment and removal of arraignment court magistrates and establishing standards of conduct and the rights, responsibilities and authority of the arraignment court magistrates and the procedures for appealing from the decisions of the arraignment court magistrates shall be provided by local rules adopted by the municipal court. (5.1) In addition to the exercise of the powers by the judges set forth in this section, the President Judge of the Philadelphia Municipal Court may appoint arraignment court magistrates, persons who complete a training program as shall be provided by local rules adopted by the President Judge of the Philadelphia Municipal Court, or attorneys who are in good standing and are admitted to the Pennsylvania Bar as judges pro tempore to accept guilty pleas and impose sentences in accordance with pleas for summary offenses. A judge pro tempore must be an independent contractor hired by the Philadelphia Municipal Court and shall receive such compensation and shall serve at such hours as agreed to between the judge pro tempore and the President Judge of the Philadelphia Municipal Court. The methods of selection, appointment and removal of judges pro tempore and of establishing standards of conduct and the rights, responsibilities and authority of the judges pro tempore and the procedures for appealing decisions of the judges pro tempore shall be provided by local rules adopted by the President Judge of the Philadelphia Municipal Court. (6) Civil actions wherein the sum demanded does not exceed $15,000 in matters involving judgments of real estate taxes and school taxes levied by cities of the first class. (7) Actions to enjoin any nuisance caused by the operation of a licensee or occurring on licensed premises subject to the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code. (8) Any action to enjoin a public nuisance. The action to enjoin may be brought by any person who resides or has a place of business within 500 feet of the location of the alleged nuisance. (9) Prosecutions for summary offenses arising under: (a.1) Appeal from contempt citation or nuisance order.--There shall be a right to appeal to the Superior Court of a contempt citation issued by a municipal court judge, but the appeal shall be limited to a review of the record. There shall be a right of appeal to the Court of Common Pleas of Philadelphia County of an order issued by a municipal court judge in any action under subsection (a)(7) or (8), but the appeal shall be limited to a review of the record. (b) Concurrent and exclusive jurisdiction.--The jurisdiction of the municipal court under this section shall be concurrent with the Court of Common Pleas of Philadelphia County except with respect to matters specified in subsection (a)(2), as to which the jurisdiction of the municipal court shall be exclusive except as otherwise prescribed by any general rule adopted pursuant to section 503. (c) Venue and process.--The venue of the municipal court concerning matters over which jurisdiction is conferred by this section shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the City and County of Philadelphia to the extent prescribed by general rule. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Oct. 12, 1984, P.L.959, No.187, eff. 60 days; July 11, 1990, P.L.454, No.111, eff. 60 days; Nov. 29, 1990, P.L.574, No.147, eff. 60 days; Apr. 16, 1992, P.L.146, No.25, eff. imd.; July 9, 1992, P.L.689, No.102, eff. imd.; Dec. 14, 1992, P.L.872, No.140, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.983, No.9, eff. 60 days; Nov. 21, 1995, P.L.619, No.65, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days; Nov. 23, 2010, P.L.1137, No.114, eff. 60 days; June 19, 2013, P.L.55, No.17, eff. imd.) [2] |
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Judges
Elections
Pennsylvania is one of 43 states that hold elections for judicial positions. To learn more about judicial selection in Pennsylvania, click here.
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Selection method
- See also: Judicial selection in the states
- See also: Partisan election of judges
Judges of the Philadelphia Municipal Court are selected in partisan elections. They serve six-year terms. After their initial term, municipal court judges must run in yes-no retention elections if they wish to continue serving.[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.
*Traffic 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
- ↑ Pennsylvania Legislature, "ARTICLE D MINOR COURTS," accessed May 19, 2023
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Pennsylvania Courts, "How Judges Are Elected," accessed July 22, 2015
- ↑ 4.0 4.1 4.2 American Judicature Society, "Methods of Judicial Selection: Pennsylvania; Limited Jurisdiction Courts," archived October 3, 2014
- ↑ Pennsylvania Courts, "How Judges Are Elected," accessed July 22, 2015
- ↑ Pennsylvania General Assembly, "Constitution of Pennsylvania, Article V, Section 15," accessed April 30, 2014
Federal courts:
Third Circuit Court of Appeals • U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania • U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania
State courts:
Supreme Court of Pennsylvania • Pennsylvania Superior Court • Pennsylvania Commonwealth Court • Pennsylvania Court of Common Pleas • Pennsylvania Magisterial Districts
State resources:
Courts in Pennsylvania • Pennsylvania judicial elections • Judicial selection in Pennsylvania
