Rule 701. Assignment of Judges to Courts

(A) Conditions Applicable for the Certification of Senior Magisterial District Judges, 

Judges or Justices.

(1) To be eligible for senior certification, a magisterial district judge, judge or 

justice:

(a) shall have served as a magisterial district judge, judge or justice, 

whether or not continuously or on the same court, by election or 

appointment for an aggregate period equaling ten years;

(b) shall not have been defeated for reelection or retention; and

(c) shall be at least sixty-five years of age on the date on which he or she 

begins senior service, or have a combination of years of judicial service plus 

age that totals at least seventy for magisterial district judges or at least 

eighty for judges and justices. However, this subsection (c) shall not apply 

to those serving in senior status as of the effective date of this rule.

(2) In addition to paragraph (1), any duly elected magisterial district judge, judge 

or justice, having an aggregate of five years of judicial service, who is required to 

retire due to mandatory retirement age, shall be eligible for certification.

(3) Judges seeking senior status must apply for such status immediately

upon retirement. Thereafter, requests for senior status shall be granted 

only upon application to and approval by the Supreme Court, which 

approval will be granted only upon a showing of compelling and

exceptional circumstances.

Note: As a matter of state law passed to conform with federal 

law, judges who otherwise qualify for senior service but retire before 

age 62 cannot serve as senior judges and simultaneously receive 

their state pension until they have reached age 62 or have been an 

annuitant (retiree) for one year, whichever is earlier. See 71 Pa.C.S. § 

5706(a)(1), (2) & (a.4). Such judges must choose between (1) 

receiving their pension but delaying senior service (accepting judicial 

assignments) until they reach one of those thresholds, or (2) delaying 

receipt of their pension (and associated retiree medical benefits) 

while serving as a senior judge (accepting assignments) during that 

period. Judges who retire before age 62 and who seek senior status 

must apply immediately upon retirement but may request to delay 

service. Delaying service will not affect the applicability of the 

relevant code of judicial conduct, including but not limited to those 
provisions regulating personal and extrajudicial activity, see Pa. Code 

of Jud. Conduct (Canon 3); Pa. Rules Governing Standards of 

Conduct of Magisterial District Judges (Canon 3), and political 

activity, see Pa. Code of Jud. Conduct (Canon 4); Pa. Rules Governing 

Standards of Conduct of Magisterial District Judges (Canon 4).

[(3)](4) Senior status shall end on the last day of the calendar year in which a 

magisterial district judge, judge or justice attains age seventy-eight; however, 

those serving in senior status as of the effective date of this rule who were 

previously excepted from the age seventy-five limitation pursuant to the 

amendment of January 1, 1999 may continue to serve until the last day of the 

calendar year in which they attain age eighty.

[(4)](5) For certification of senior status, a magisterial district judge, judge or 

justice shall verify such additional information as required by the application for 

certification forms authorized under paragraph (B) below.

[(5)](6) A magisterial district judge, judge or justice may only be certified for 

senior status for a maximum of ten years, absent extraordinary circumstances, 

as determined by the Chief Justice. However, those serving in senior status as of

the effective date of this rule may continue to serve until subject to the age limit 

of paragraph [(3)](4) above.

[(6)](7) Certification of a magisterial district judge, judge or justice for senior 

status shall be subject to the pleasure of the Supreme Court. The Supreme Court 

at any time, in the exercise of its sole discretion, may rescind or revoke a senior 

certification.

Note: Paragraph [(6)](7) was added in 2016 to clarify that 

certification of senior status is (and always has been) a matter that 

is subject to the pleasure of the Supreme Court.

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