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 [at age seventy], shall be eligible for certification. 

 (3) 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) 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) 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) above. 

 (6) 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.

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(B) Certification of Senior Magisterial District Judges, Judges and Justices. The 

Administrative Office shall promulgate application forms, as approved by the Supreme Court, 

for certification of senior magisterial district judges, judges and justices. A former or retired 

magisterial district judge, judge or justice who requests assignment to temporary judicial service 

shall file the application for certification form with the Administrative Office, and, upon 

approval, shall be eligible for judicial assignment. Failure to comply with the provisions 

contained in the application form may result in the immediate revocation of senior certification. 

(C) Request for the Assignment of Additional Magisterial District Judges or Judges. 

 (1) Request for Assignment. Whenever a president judge deems additional judicial assistance 

necessary for the prompt and proper disposition of court business, he or his proxy shall transmit 

a formal request for judicial assistance to the Administrative Office. The request may be made in 

writing or it may be transmitted electronically. An electronic request for judicial assistance shall 

be accomplished through a secure program developed by the Administrative Office for this 

purpose. 

 (2) Recommendation by the Court Administrator of Pennsylvania and Action by Chief Justice. 

Upon the recommendation of the Court Administrator, the Chief Justice may, by order, assign 

any retired, former, or active magisterial district judge, judge or justice to temporary judicial 

service on any court to fulfill a request by a president judge, or to reduce case inventories, or to 

serve the interest of justice. The order entered by the Chief Justice may be electronically 

transmitted to the Administrative Office of Pennsylvania Courts for processing. Orders entered 

pursuant to this chapter may be transmitted by the Administrative Office to the Supreme Court 

prothonotary in hard copy or electronically. Electronically transmitted orders shall be docketed 

by the Supreme Court prothonotary in the same manner as hard copy orders. Electronically 

transmitted orders need not be printed by the Supreme Court prothonotary unless a request for 

public review is made. 

 (3) Duration of Assignment. Unless otherwise provided in the order of assignment, the order 

shall continue in effect after its stated expiration date until unfinished business pending before 

the assigned judge is completed. 

 (4) Certification of Service. The president judge of a district to which a magisterial district 

judge or judge has been temporarily assigned under this rule shall certify to the Administrative 

Office, on a certificate completed and signed by the assigned magisterial district judge or judge, 

the number of days of temporary judicial service and the amount of any compensation to which 

the assigned judge is entitled. 

 (5) Expenses of Assigned Judges. All judges assigned to duties outside of their judicial 

districts may, in addition to any per diem payment authorized by law, be reimbursed with the 

approval of the Court Administrator for necessary expenses, including hotel accommodations 

and meals, incident to such duties. 

 (6) Restrictions on Temporary Assignments. No judge shall be assigned under this rule to any 

court while any judge thereof is assigned to another court under this rule, except when required 
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to take the place of a judge who is recused or disqualified, or is otherwise unavailable, or under 

other appropriate circumstances. 

 (7) Reserved.

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 (D) Judicial Assignment Records. The Administrative Office shall maintain records of 

certification applications and assignments to temporary judicial service. 

(E) Regional Administrative Units. 

 (1) Judicial districts through their president judges may petition the Supreme Court for 

approval to combine with other districts to form regional administrative units that provide for the 

assignment of magisterial district judges and judges to any other judicial district in the unit. 

Upon annual approval by the Supreme Court, magisterial district judges and judges, when so 

assigned, shall exercise the same power and authority as vested in a magisterial district judge or 

judge of that judicial district. 

 (2) In cases where a judge has disqualified him or herself for any of the reasons specified in 

Rule 2.11 of the Code of Judicial Conduct or Rule 2.11 of the Rules Governing Standards of 

Conduct of Magisterial District Judges, the assignment of another judge to the case shall be made 

through the Administrative Office. In other instances of recusal, the assignment may be made 

through the Regional Unit, but in no case shall a recusing judge select his or her replacement. 

 (3) Each regional unit shall file with the Administrative Office a quarterly report of all 

assignments that occurred within the unit for that period. 

(F) Suitable Facilities and Staffing for Senior Common Pleas Judges. Suitable facilities and 

adequate staff are to be provided for senior judges, the parameters of which are to be determined 

and promulgated by the Administrative Office. 

Directive: In accordance with Rule of Judicial Administration 701(F), the Administrative Office 

of Pennsylvania Courts promulgates this directive establishing minimum standards for suitable 

facilities and adequate staff for the senior judges of the courts of common pleas. The president 

judge of a judicial district, in consultation with the Court Administrator of Pennsylvania as needs 

may require, shall provide from available resources for each senior judge formerly of the judicial 

district who is regularly or periodically assigned in that district and for each visiting senior judge 

the following facilities and staff for matters arising under the appointment: 

 (1) the use of judicial chambers which shall be of adequate size and appropriately furnished, 

afford a measure of privacy, and include office equipment and supplies as are necessary to 

conduct judicial business; 
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 (2) services of a law clerk who shall provide customary assistance including legal research and 

drafting of legal documents; and 

 (3) services of a secretary who shall provide customary assistance including typing 

correspondence, orders and opinions, answering phone calls and taking messages, receiving and 

sending mail and deliveries. 
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Rule 706. Determination or selection of Chief Justice and president and administrative 

judges.

(a) Courts of seven or less judges. Except as provided in subdivision (e) of this rule, the Chief 

Justice of Pennsylvania and the president judges of all courts with seven or less judges shall be 

the judge longest in continuous service on their respective courts. 

(b) Courts of eight or more judges. The president judge of all courts with eight or more judges 

shall be selected for five-year terms by the members of their respective courts. In the event of a 

tie vote for the office of president judge, the Supreme Court shall appoint as president judge for a 

five-year term one of the judges receiving the highest number of votes. Upon the occurrence of a 

vacancy in the office of president judge of a court subject to this subdivision by reason of death, 

resignation, removal, retirement or otherwise, his successor shall be selected for a five-year term. 

No president judge may succeed himself or herself after a full elected term without an 

intervening full elected term. 

 [(1)] Upon the vacation of the office of President Judge or Administrative Judge by death, 

resignation, termination of term of office or removal by the Supreme Court, all personal staff 

members of said judge shall be reassigned to a general pool for a period of sixty (60) days to be 

assigned to other judges or terminated, except as follows: 

 ([a]1) Those employees (i.e., secretary, tipstaff, law clerk) retained by the outgoing judge 

who continues serving as a trial or appellate court judge shall be compensated at a level 

commensurate with other trial and appellate court staff members, taking into consideration their 

total years of service, where applicable; 

 ([b]2) Those employees of the outgoing judge chosen by other judges of the same court to 

serve on their staffs may be retained and shall be compensated at a level commensurate with that 

staff position, taking into consideration their total years of service, where applicable. 

(c) Change in size of court. Where there is a change in the size of a court to a court of eight or 

more judges, or to a court of seven or less: 

 (1) An incumbent president judge, if theretofore determined pursuant to subdivision (a) of this 

rule, shall continue in office as president judge of the court for a period of five years from the 

date on which the authorized increase in the size of the court becomes effective, whereupon the 

term of such president judge under subdivision (a) of this rule shall expire. Subdivision (b) of 

this rule shall become applicable to such court whenever such incumbent president judge shall 

cease for any reason to be president judge. 

 (2) An incumbent president judge, if theretofore selected pursuant to subdivision (b) of this 

rule, shall continue in office as president judge of the court for the remainder of the unexpired 

portion of his term as president judge. Subdivision (a) of this rule shall become applicable to 

such court whenever such incumbent president judge shall cease for any reason to be president 

judge. 
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(d) Divisions of a court. Each division of a court having three or more judges shall be presided 

over and administered by an administrative judge, who shall be one of the judges of the court of 

which the division is a part and shall be selected by the Supreme Court to serve for a term of 

three years or at the pleasure of the Court. Upon the occurrence of a vacancy in the office of 

administrative judge, the president judge shall notify the Supreme Court immediately. 

(e) Resignation and temporary inability. The Chief Justice or a president or administrative 

judge may resign such position and remain a member of the court or division. If the Chief Justice 

or a president judge of a court subject to subdivision (a) of this rule is temporarily unable to 

perform his duties as such, they shall be performed by the next senior judge of the court as 

determined by Rule 705 who is able to perform such duties. If the president judge of a court 

subject to subdivision (b) of this rule is temporarily unable to perform his duties as such, they 

shall be performed by: 

 (1) In the case of a court having three or more divisions, the senior judge of the court, as 

determined by Rule 705, who is an administrative judge and who is able to perform such duties. 

 (2) In the case of any other such court, by an acting president judge: 

 (i) designated from such court for a period of not more than 30 calendar days by the 

president judge; or 

 (ii) selected by such court pursuant to subdivision (f) of this rule. 

If the administrative judge of a division of such a court is temporarily unable to perform his 

duties as such, they shall be performed by an acting administrative judge designated from such 

division for a period of not more than 30 calendar days by the Supreme Court. Where a president 

judge designates an acting president judge pursuant to this subdivision, the president judge or the 

Supreme Court, respectively, shall forthwith execute a statement of such designation on a form 

provided by the Administrative Office, file a copy of such certificate in the office of the clerk or 

prothonotary of the court, and transmit the original thereof, showing evidence of such filing, to 

the Administrative Office. 

(f) Selection procedures.

 (1) Each court selecting a president judge pursuant to this rule shall do so at a meeting held 

pursuant to this subdivision. Except as otherwise prescribed in this paragraph, the court shall 

meet for such purpose in the chambers of the commissioned [senior] judge with the greatest 

seniority, as determined by Rule 705, who is [under age 70 and] entitled to participate in the 

selection, or in a courtroom designated by him, at noon on the tenth day (Sundays excepted) 

preceding the expiration of the term of office of the incumbent president judge, or on the tenth 

day (Sundays excepted) next following the death, resignation, removal, retirement or 

reassignment of the president judge for whom a successor is to be selected. A majority of the 

judges entitled to participate in the selection of a president judge may fix another time and place 

for the selection of a president judge consistent with the requirements of this paragraph, upon 

giving all other judges entitled to participate therein at least 72 hours’ prior written notice of the 
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time and place fixed for the meeting. Whenever a vacancy occurs or will occur in the office of 

president judge between February 1 of any odd-numbered year and the first Monday of January 

next following, the meeting for the purpose of selecting a president judge shall not be held before 

noon on such first Monday of January, but a meeting may be held during such period for the 

purpose of selecting an acting president judge. 

 (2) At the meeting the commissioned [senior] judge with the greatest seniority, as 

determined by Rule 705, who is [under age 70 and] present, shall preside. Ballots shall be 

prepared and distributed containing the name of each judge of the court. Voting shall be by 

secret ballot and the judge receiving a plurality of the votes cast shall be declared selected. 

 (3) The judge presiding at the meeting, or in default thereof, any two judges present at the 

meeting, shall forthwith execute a certificate of the results of the balloting on a form provided by 

the Administrative Office. The judge or judges executing the certificate shall forthwith file a 

copy thereof in the office of the clerk or prothonotary of the court and shall at the same time 

transmit the original thereof, showing evidence of such filing, to the Administrative Office. 

 (4) Upon receipt of a certificate reflecting a tie vote for the selection of a president judge the 

Administrative Office shall forward the certificate to the Supreme Court, which will indicate its 

selection of president judge thereon and will return the certificate to the Administrative Office. 

The Administrative Office shall thereupon forthwith transmit a copy of the completed certificate 

to the office of the appropriate clerk or prothonotary for filing as provided in paragraph (3) of 

this subdivision. 

(g) Maintenance of central personnel records. The Administrative Office shall record the 

determination or selection of the Chief Justice and all president and administrative judges, any 

term for which they may be selected, and all other pertinent information relating thereto, in a 

book to be kept for that purpose and shall: 

 (1) Notify the judges of a court at least 30 days prior to the expiration of the term of office of 

the president judge of the fact of such expiration. 

 (2) Furnish the Department of State with such information as may be required in order to 

enable the Governor to duly commission a Chief Justice or president judges in the manner 

provided by the Constitution of Pennsylvania and this rule. 

(h) Traffic Court of Philadelphia. Subdivisions (a) through (g) of this rule are not applicable to 

the Traffic Court of Philadelphia.