reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2122 - Composition of jury selection commissions

§ 2122. Composition of jury selection commissions.
(a) General rule.--
Except in the first judicial district and other home rule charter counties, the jury selection commission shall consist of two jury commissioners elected as provided in this section and the president judge of the court of common pleas of the judicial district embracing the county. The president judge may from time to time assign another judge of court to perform his duties temporarily. The president judge or his assigned replacement shall be chairman.
(b) Election of commissioners.--
The jury commissioners shall be elected as provided in this subsection and, to the extent not inconsistent with this subsection, as provided by the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code" and the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," as the case may be, and the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code." Any jury commissioner shall be eligible for reelection for any number of terms. The two persons elected as jury commissioners shall not be of the same political party. The candidate for the office who receives the highest number of votes shall be one of the jury commissioners, and the other shall be that candidate not being of the same political party as the first who receives the next highest number of votes.
(c) Filling of vacancy.--
In case of the inability of a jury commissioner, by sickness, death, or other unavoidable cause, to discharge the duties of his office, or in case of neglect or refusal to serve, the president judge of the court of common pleas of the judicial district shall appoint a suitable person of the same political party as the jury commissioner whose place is to be filled to perform the duties of the office during the period of inability.
(d) Philadelphia.--
In the first judicial district, the jury selection board shall constitute the jury selection commission. The clerk of the board shall be the commissioner, the assistant clerk of the board shall be the deputy commissioner and the masters, not to exceed four, shall be the assistant commissioners.
(e) Quorum.--
A jury selection commission may act by a majority of its members.
(June 26, 1980, P.L.266, No.78, eff. imd.; Oct. 21, 1988, P.L.1045, No.118, eff. imd.)
1988 Amendment.
Act 118 amended subsec. (c).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2123 - Expenses, staff and quarters

§ 2123. Expenses, staff and quarters.
The expenses, staff and quarters shall be provided for the jury selection commission in accordance with sections 1724 (relating to personnel of the system), 3721 (relating to county judicial center or courthouse) and 3722 (relating to general facilities and services furnished by county).
(June 26, 1980, P.L.266, No.78, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2124 - Powers and duties

§ 2124. Powers and duties.
Each jury selection commission shall exercise the powers and perform the duties vested in and imposed upon such commissions by Subchapter B of Chapter 45 (relating to selection and custody of jurors) and any other powers and duties vested in and imposed upon such commissions by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2131 - Minor Judiciary Education Board

§ 2131. Minor Judiciary Education Board.
(a) General rule.--
The Minor Judiciary Education Board shall consist of such members as provided in this subchapter.
(b) Seal.--
The Minor Judiciary Education Board shall have a seal engraved with its name and such other inscription as may be specified by general rule. A facsimile or preprinted seal may be used for all purposes in lieu of the original seal.
(Nov. 29, 1990, P.L.574, No.147, eff. 60 days; July 9, 1992, P.L.689, No.102, eff. imd.; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2008 Amendment.
Act 98 reenacted and amended the entire section.
2007 Effectuation of Repeal.
The Legislative Reference Bureau effectuated the 1992 repeal.
1992 Repeal.
Act 102 repealed Act 147 of 1990 which amended the entire section. Section 1956 of Title 1 provides: "The repeal of an amendatory statute does not revive the corresponding provision or section of the original statute or of any prior amendment." The text of subsec. (a) has not been changed to give effect to the repeal.
1991 Unconstitutionality.
Act 147 of 1990, which amended the entire section, was declared unconstitutional by the Supreme Court. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2132 - Composition of board

§ 2132. Composition of board.
(a) General rule.--
The Minor Judiciary Education Board shall consist of the following appointed by the Supreme Court:
(1) Three persons who shall be judges of the Traffic Court of Philadelphia or magisterial district judges.
(2) Three members of the bar of this Commonwealth.
(3) One lay elector.
(b) Terms of office.--
The members of the board shall serve for terms of three years and until a successor has been appointed. A vacancy on the board shall be filled for the balance of the term.
(c) Compensation.--
Members of the board shall receive such fees as shall be fixed by the Supreme Court.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 29, 1990, P.L.574, No.147, eff. 60 days; July 9, 1992, P.L.689, No.102, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2008 Amendment.
Act 98 reenacted and amended the entire section.
2007 Effectuation of Repeal.
The Legislative Reference Bureau effectuated the 1992 repeal.
2004 Amendment.
See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
1992 Repeal.
Act 102 repealed Act 147 of 1990 which amended the entire section. Section 1956 of Title 1 provides: "The repeal of an amendatory statute does not revive the corresponding provision or section of the original statute or of any prior amendment." The text of the introductory paragraph of subsec. (a) has not been changed to give effect to the repeal.
1991 Unconstitutionality.
Act 147 of 1990, which amended the def. of "officer enforcing orders," was declared unconstitutional by the Supreme Court. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991).
Special Provisions in Appendix.
See section 15 of Act 142 of 1976 in the appendix to this title for special provisions relating to minor judiciary education board.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2133 - Organization

§ 2133. Organization.
The Supreme Court shall appoint a chairman and other officers of the board, who shall hold office at the pleasure of the Supreme Court. The board shall act only with the concurrence of a majority of its members.
(Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2134 - Staff

§ 2134. Staff.
Subject to the approval of the Supreme Court, the Minor Judiciary Education Board shall appoint a director and shall authorize such other staff positions as may be necessary.
(Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2135 - Powers and duties

§ 2135. Powers and duties.
The Minor Judiciary Education Board shall exercise the powers and perform the duties vested in and imposed upon the board by Subchapter B of Chapter 31 (relating to qualifications of certain minor judiciary) and any other powers and duties vested in and imposed upon the board by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2142 - Composition of boards

§ 2142. Composition of boards.
(a) General rule.--
The court of common pleas of the judicial district embracing the county shall appoint to the board of viewers of the county such a number of persons as shall be necessary for the proper performance of the duties imposed upon the board. At least one-third of the members of the board of viewers shall be members of the bar of this Commonwealth and each member shall be a resident of the county unless the court is unable to complete the membership of the board from residents of the county, in which event the court may appoint residents of adjacent counties. In the City and County of Philadelphia the board of viewers may be appointed from among the Board of Revision of Taxes. Additional qualifications for membership on boards of viewers may be established by general rule or rule of court.
(b) Terms of office.--
The members of boards of viewers shall serve for a term of not less than three nor more than six years, as stated in the appointment, whether such appointment is for an original or partly expired term. All appointments shall be subject to the power of the court of common pleas to remove members of the board without cause and to appoint successors.
(c) Vacancy.--
In case of a vacancy in viewers appointed in any specific matter before final action has been taken by them, the court may fill the vacancy by appointing another member of the board of viewers.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 amended subsec. (a) and added subsec. (c).
Appointments and Removals.
Section 16 of Act 142 of 1976 provided that appointments and removals of persons as members of the county board of viewers pursuant to section 2142 shall be made by a majority of the judges of the court of common pleas of the appropriate judicial district.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2151 - Pennsylvania Commission on Sentencing (Repealed)

§ 2151. Pennsylvania Commission on Sentencing (Repealed).
2004 Repeal.
Section 2151 was repealed November 19, 2004, P.L.855, No.112, effective in 180 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2151.1 - Definitions

§ 2151.1. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Board."
The Pennsylvania Parole Board.
"Commission."
The Pennsylvania Commission on Sentencing established in section 2151.2 (relating to commission).
"Department."
The Department of Corrections of the Commonwealth.
(Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment.
Act 59 amended the def. of "board."
2008 Amendment.
Act 81 added the defs. of "board" and "department."
2004 Amendment.
Act 112 added section 2151.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2151.2 - Commission

§ 2151.2. Commission.
(a) Continuation.--
The commission is continued as an agency of the General Assembly.
(b) Seal.--
The commission shall have a seal engraved with the commission's name and such other inscription as may be specified by regulation of the commission.
(Dec. 18, 2019, P.L.776, No.115, eff. imd.)
2019 Amendment.
Act 115 added present section 2151.2.
2019 Repeal. Act 15 repealed former section 2151.2.
Cross References. Section 2151.2 is referred to in section 2151.1 of this title; section 3025 of Title 18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2154.1 - Adoption of guidelines for restrictive conditions

§ 2154.1. Adoption of guidelines for restrictive conditions.
(a) General rule.--
The commission shall adopt guidelines to identify offenders who would be eligible and appropriate for restrictive conditions of probation. These guidelines shall be considered by the sentencing court in determining whether to impose restrictive conditions pursuant to section 9763 (relating to conditions of probation). The guidelines shall give primary consideration to reducing recidivism for the protection of the public safety.
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(b) Compliance.--
The commission shall certify compliance by each county with guidelines adopted by the commission for county intermediate punishment or for imposing restrictive conditions of probation and with related statutory requirements and section 9728(g.1) (relating to collection of restitution, reparation, fees, costs, fines and penalties) and report the results to the Pennsylvania Commission on Crime and Delinquency.
(Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Dec. 18, 2019, P.L.776, No.115, eff. 60 days)
Cross References.
Section 2154.1 is referred to in sections 2153, 9721, 9754, 9763, 9804, 9810 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2154.2 - Adoption of guidelines for State intermediate punishment (Repealed)

§ 2154.2. Adoption of guidelines for State intermediate punishment (Repealed).
2019 Repeal.
Section 2154.2 was repealed December 18, 2019, P.L.776, No.115, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2154.3 - Adoption of guidelines for fines

§ 2154.3. Adoption of guidelines for fines.
The commission shall adopt guidelines for fines or other lawful economic sanctions, within the limits established by law, which shall be considered by the sentencing court in determining the appropriate sentence for defendants who plead guilty or nolo contendere to or who are found guilty of felonies and misdemeanors. The guidelines shall do all of the following:
(1) Specify the range of fines or other lawful economic sanctions, applicable to crimes of a given degree of gravity.
(2) Specify a range of fines or other lawful economic sanctions of increased amount for defendants previously convicted or adjudicated delinquent for one or more misdemeanor or felony offenses committed prior to the current offense. For purposes of this paragraph, the term "previously convicted or adjudicated delinquent" shall include any finding of guilt or adjudication of delinquency whether or not sentence has been imposed or disposition ordered prior to the commission of the current offense.
(3) Prescribe variations from the range of fines applicable on account of aggravating or mitigating circumstances.
(4) Prescribe community service alternatives which may be imposed in lieu of all or part of the fines where the sentencing court finds the defendant lacks the ability to pay all or part of the fine.
(July 17, 2007, P.L.123, No.37, eff. 120 days)
2007 Amendment.
Act 37 added section 2154.3.
Cross References.
Section 2154.3 is referred to in section 9721 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2154.4 - Adoption of guidelines for resentencing

§ 2154.4. Adoption of guidelines for resentencing.
The commission shall adopt guidelines that shall be considered by the court when resentencing an offender following revocation of probation, county intermediate punishment or State intermediate punishment. The guidelines shall take into account:
(1) Factors considered in adopting the sentencing guidelines.
(2) The seriousness of the violation.
(3) The rehabilitative needs of the defendant.
(Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days)
Cross References.
Section 2154.4 is referred to in section 9721 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2154.5 - Adoption of guidelines for parole

§ 2154.5. Adoption of guidelines for parole.
(a) Adoption.--
The commission shall adopt guidelines that shall be considered by the board and any other paroling entity when exercising its power to parole and reparole all persons sentenced by any court in this Commonwealth to imprisonment in any correctional institution. The guidelines shall do all of the following:
(1) Give primary consideration to the protection of the public and to victim safety.
(2) Provide for due consideration of victim input.
(3) Be designed to encourage inmates and parolees to conduct themselves in accordance with conditions and rules of conduct set forth by the department or other prison facilities and the board.
(4) Be designed to encourage inmates and parolees to participate in programs that have been demonstrated to be effective in reducing recidivism, including appropriate drug and alcohol treatment programs.
(5) Provide for prioritization of incarceration, rehabilitation and other criminal justice resources for offenders posing the greatest risk to public safety.
(6) Use validated risk assessment tools, be evidence based and take into account available research relating to the risk of recidivism, minimizing the threat posed to public safety and factors maximizing the success of reentry.
(b) Discretionary authority.--
Notwithstanding any other provision of law, this section shall not remove the discretionary parole authority of the board and any other paroling entity when exercising its power to parole and reparole.
(Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days)
Cross References.
Section 2154.5 is referred to in section 9721 of this title; sections 6134.1, 6137 of Title 61 (Prisons and Parole).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2154.6 - Adoption of recommitment ranges following revocation of parole by board

§ 2154.6. Adoption of recommitment ranges following revocation of parole by board.
(a) Recommitment ranges.--
The commission shall adopt recommitment ranges that shall be considered by the board when exercising its power to reparole, commit and recommit for violations of parole any person sentenced by a court in this Commonwealth to imprisonment in any correctional institution. The recommitment ranges shall take into account the seriousness of the initial conviction offense, the level of seriousness of the violation and the rehabilitative needs of the defendant. At the end of the recommittal period, the parole violator shall be reviewed for parole or, without further review, shall be reparoled.
(b) Deviation.--
In every case in which the board deviates from the recommitment ranges, the board shall provide a contemporaneous written statement of the reasons for the deviation from the recommitment ranges to the commission as established under section 2153(a)(14) (relating to powers and duties).
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Recommitment range." A range of time within which a parole violator may be recommitted to serve an additional part of the term the parole violator would have been compelled to serve had the parole violator not been paroled.
(Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days)
Cross References.
Section 2154.6 is referred to in section 6137 of Title 61 (Prisons and Parole).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2154.7 - Adoption of risk assessment instrument

§ 2154.7. Adoption of risk assessment instrument.
(a) General rule.--
The commission shall adopt a sentence risk assessment instrument for the sentencing court to use to help determine the appropriate sentence within the limits established by law for defendants who plead guilty or nolo contendere to or who were found guilty of felonies and misdemeanors. The risk assessment instrument may be used as an aide in evaluating the relative risk that an offender will reoffend and be a threat to public safety.
(b) Sentencing guidelines.--
The risk assessment instrument may be incorporated into the sentencing guidelines under section 2154 (relating to adoption of guidelines for sentencing).
(c) Presentence investigation report.--
Subject to the provisions of the Pennsylvania Rules of Criminal Procedure, the sentencing court may use the risk assessment instrument to determine whether a more thorough assessment is necessary and to order a presentence investigation report.
(d) Alternative sentencing.--
Subject to the eligibility requirements of each program, the risk assessment instrument may be an aide to help determine:
(1) for persons under supervision, intensity of intervention, use of restrictive conditions and duration of supervision; and
(2) appropriate candidates for alternative sentencing, including the recidivism risk reduction incentive, State drug treatment programs and State motivational boot camps.
(e) Definition.--
As used in this section, the term "risk assessment instrument" means an empirically based worksheet which uses factors that are relevant in predicting recidivism.
(Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. 60 days)
2019 Amendment.
Act 115 amended subsec. (d).
2010 Amendment.
Act 95 added section 2154.7.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2156 - Severability of subchapter

§ 2156. Severability of subchapter.
The provisions of this subchapter are severable. If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application.
(Apr. 30, 1986, P.L.135, No.41, eff. May 1, 1986)
1986 Amendment.
Act 41 added section 2156.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 21 - Judicial Boards and Commissions › Section 2161 - Criminal history record checks

§ 2161. Criminal history record checks.
(a) Authorization.--
The Pennsylvania Board of Law Examiners may require that persons applying for admission to the bar and the practice of law in this Commonwealth be subject to:
(1) A Federal criminal history record check through the Federal Bureau of Investigation.
(2) A State criminal history record check through the Pennsylvania State Police.
(b) Fingerprints required.--
All applicants as required under subsection (a) shall submit fingerprints to the Pennsylvania State Police for the purpose of obtaining criminal history record checks, and the Pennsylvania State Police or its authorized agent shall submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions.
(c) Use of information.--
Any information relating to an applicant and obtained under this section by the Pennsylvania Board of Law Examiners may be interpreted and used by the Pennsylvania Board of Law Examiners only to determine the applicant's character, fitness and suitability for admission to the bar and the practice of law in this Commonwealth.
(d) Inapplicability.--
The provisions of 18 Pa.C.S. § 9121(b)(2) (relating to general regulations) shall not apply if a request for a criminal history record check is submitted pursuant to this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 23 - Personnel of the System › Extra - Chapter Notes

Enactment.
Chapter 23 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
            of final enactment of the act of April 28, 1978, P.L.202, No.53.
Enactment.
Subchapters B through I (Reserved) were added June 22, 1999, P.L.75, No.12, effective
            immediately.
Enactment.
Subchapter J was added June 22, 1999, P.L.75, No.12, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 23 - Personnel of the System › Section 2301 - Appointment of personnel

§ 2301. Appointment of personnel.
(a) General rule.--
Subject to any inconsistent general rules or statutory provisions each:
(1) Judge and magisterial district judge may appoint and fix the duties of necessary personal staff.
(2) Court may appoint and fix the compensation and duties of necessary administrative staff and fix the compensation of personal staff.
(3) Other agency or unit of the unified judicial system may appoint and fix the compensation and duties of necessary central staff and personal staff.
(b) Oath of office.--
Each member of a judicial board or commission and each other person who is appointed to an office shall, before entering upon the duties of his office, take and subscribe the oath or affirmation specified in section 3151 (relating to oath of office).
(c) County staff unaffected.--
The provisions of subsection (a) are intended solely to codify and consolidate former statutory provisions on the same subject and nothing in such subsection shall be construed to limit, modify or deny the existing powers or prerogatives of county staff or other officers, other than judges, elected by the electorate of a county, to appoint and to fix the reasonable compensation of such classes of personnel as such county officers have heretofore been authorized to do by law.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment.
Act 207 amended subsec. (a)(1). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
Special Provisions in Appendix.
See sections 12, 17 and 18 of Act 142 of 1976 in the appendix to this title for special provisions relating to Allegheny County appointments, landlord and tenant officers and writ servers and traffic court writ servers.
Cross References.
Section 2301 is referred to in section 325 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 23 - Personnel of the System › Section 2302 - Maintenance of adequate county staff

§ 2302. Maintenance of adequate county staff.
Whenever necessary, it shall be the duty of county officers to appoint or detail such county staff as shall enable the judges of the courts embracing the county to properly transact the business before their respective courts.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 23 - Personnel of the System › Section 2391 - Short title of subchapter

transfer.
2397. County payments for certain leave.
Enactment.
Subchapter J was added June 22, 1999, P.L.75, No.12, effective immediately.
Special Provisions in Appendix.
See section 28 of Act 12 of 1999 in the appendix to this title for special provisions relating to nonseverability or invalidation.
§ 2391. Short title of subchapter.
This subchapter shall be known and may be cited as the Unified Judicial System Transferred County-Level Administrator Leave Benefit Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 23 - Personnel of the System › Section 2392 - Definitions

§ 2392. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Date of transfer."
The date established pursuant to section 1905 (relating to county-level court administrators) for transfer of designated administrators from employment by their employing county to employment by the State government of the Commonwealth through the Administrative Office of Pennsylvania Courts.
"Employing county."
The county by which a designated administrator is employed on the day immediately preceding the designated administrator's date of transfer.
"Fund."
The Unified Judicial System Transferred County-Level Administrator Leave Fund established under section 2397 (relating to county payments for certain leave).
"State judicial personnel policies."
Those personnel policies and procedures established and amended by or through a process created by the Pennsylvania Supreme Court and applicable to personnel of the unified judicial system.
"Transferred administrator."
Personnel designated under section 1905 (relating to county-level court administrators).
"Unified judicial system."
The various courts and offices enumerated in Article V of the Constitution of Pennsylvania.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 23 - Personnel of the System › Section 2394 - Sick leave and annual leave

§ 2394. Sick leave and annual leave.
(a) Accrued sick leave and annual leave to be transferred.--
Subject to the provisions of subsection (b), sick leave and annual leave accrued by a transferred administrator prior to the date of transfer shall be transferred based upon the accrued sick leave and annual leave balances credited to the transferred administrator by the employing county as of the day immediately preceding the transferred administrator's date of transfer.
(b) Accrued sick leave and annual leave to be credited.--
Credit for the sick leave and annual leave transferred under subsection (a) shall not exceed the maximum amount permitted for sick leave and annual leave carryover leave allowances from calendar year to calendar year by State judicial personnel policies in effect on the date of transfer. Accrued sick leave or annual leave transferred under this section shall be used by the transferred administrator only as a credit toward sick leave or annual leave, as the case may be, to be taken in the future. The sick leave or annual leave credited under this subsection shall not, at the time of transfer, be reimbursed to the transferred administrator in the form of a lump sum payout or other leave payout or in any other form which may be permitted by the personnel policies of the employing county in effect on the day immediately preceding the date of transfer. In the event a transferred administrator has accrued leave that is eligible for transfer and that under the employing county's personnel policies in effect on the day immediately preceding the date of transfer could be used by the transferred administrator as either sick leave or annual leave, such leave shall be credited to the transferred administrator with one-half of the leave designated as sick leave and one-half of the leave designated as annual leave.
(c) Excess leave.--
Credit for accrued sick leave or annual leave which exceeds the maximum allowed by subsection (b) shall be subject to leave policies in effect in the employing county on the day immediately preceding the date of transfer. Any lump sum payments or other sick leave payments or annual leave payments made pursuant to this subsection are and shall remain the financial responsibility of the employing county.
Cross References.
Section 2394 is referred to in sections 2395, 2396, 2397 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 23 - Personnel of the System › Section 2395 - Other leave

§ 2395. Other leave.
With the exception of leave specified in section 2394 (relating to sick leave and annual leave), a transferred administrator may receive a lump sum payment or other payment for other accrued leave as permitted by the personnel policies of the employing county in effect on the day immediately preceding the date of transfer. Any lump sum payment or other leave payments made pursuant to this section are and shall remain the financial responsibility of the employing county. For purposes of this section, the term "other accrued leave" shall not include accrued sick leave and accrued annual leave and shall include accrued disability leave, accrued personal leave, accrued compensatory leave and other types of accrued leave encompassed within the employing county's personnel policies on the day immediately preceding the date of transfer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 23 - Personnel of the System › Section 2396 - Leave following transfer

§ 2396. Leave following transfer.
(a) Leave accrual following date of transfer.--
On and after the date of transfer, leave shall be accrued by transferred administrators as provided by State judicial personnel policies. For purposes of determining the accrual rate for annual leave, the term "service" shall mean State and county service which is creditable for retirement purposes, excluding any nonstate or noncounty service which may be creditable for State or county retirement purposes.
(b) Leave carryover following date of transfer.--
On and after the date of transfer, a transferred administrator shall be permitted to carry accrued leave from calendar year to calendar year as provided by State judicial personnel policies.
(c) Leave eligible for payment.--
If a transferred administrator terminates active service with the unified judicial system, such transferred administrator shall be paid for sick leave and annual leave transferred and credited under section 2394 (relating to sick leave and annual leave) and for sick, annual and other leave accrued on and after the date of transfer as permitted by State judicial personnel policies in effect on the transferred administrator's date of termination.
Cross References.
Section 2396 is referred to in section 2397 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 25 - Representation of Litigants › Extra - Chapter Notes

Enactment.
Chapter 25 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
            of final enactment of the act of April 28, 1978, P.L.202, No.53.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 25 - Representation of Litigants › Section 2501 - Appearance in person or by counsel

§ 2501. Appearance in person or by counsel.
(a) Civil matters.--
In all civil matters before any tribunal every litigant shall have a right to be heard, by himself and his counsel, or by either of them.
(b) Criminal matters.--
In all criminal prosecutions the accused has a right to be heard by himself and his counsel.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 25 - Representation of Litigants › Section 2502 - Certain persons not to appear as counsel

§ 2502. Certain persons not to appear as counsel.
(a) General rule.--
Except as otherwise prescribed by general rule, an attorney at law who is an employee of a court shall not appear as counsel in such court. An attorney at law shall not appear in any court or in any matter in violation of any general rule relating to the practice of law or the conduct of courts, magisterial district judges and officers serving process or enforcing orders of courts.
(b) Law clerks.--
Except as otherwise prescribed by general rules, a law clerk serving on the personal staff of a judge of a court of common pleas may appear in such court as an attorney at law before other judges of such court notwithstanding the provisions of subsection (a).
(Apr. 6, 1980, P.L.100, No.38, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment.
Act 207 amended subsec. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 25 - Representation of Litigants › Section 2503 - Right of participants to receive counsel fees

§ 2503. Right of participants to receive counsel fees.
The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter:
(1) The holder of bonds of a private corporation who successfully recovers due and unpaid interest, the liability for the payment of which was denied by the corporation.
(2) A garnishee who enters an appearance in a matter which is discontinued prior to answer filed.
(3) A garnishee who is found to have in his possession or control no indebtedness due to or other property of the debtor except such, if any, as has been admitted by answer filed.
(4) A possessor of property claimed by two or more other persons, if the possessor interpleads the rival claimants, disclaims all interest in the property and disposes of the property as the court may direct.
(5) The prevailing party in an interpleader proceeding in connection with execution upon a judgment.
(6) Any participant who is awarded counsel fees as a sanction against another participant for violation of any general rule which expressly prescribes the award of counsel fees as a sanction for dilatory, obdurate or vexatious conduct during the pendency of any matter.
(7) Any participant who is awarded counsel fees as a sanction against another participant for dilatory, obdurate or vexatious conduct during the pendency of a matter.
(8) Any participant who is awarded counsel fees out of a fund within the jurisdiction of the court pursuant to any general rule relating to an award of counsel fees from a fund within the jurisdiction of the court.
(9) Any participant who is awarded counsel fees because the conduct of another party in commencing the matter or otherwise was arbitrary, vexatious or in bad faith.
(10) Any other participant in such circumstances as may be specified by statute heretofore or hereafter enacted.
Saved from Suspension.
Pennsylvania Rule of Civil Procedure No. 3159(b)(6), adopted April 20, 1998, provided that section 2503(2) and (3) shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.
Cross References.
Section 2503 is referred to in section 1726 of this title; sections 1508, 1512, 1554, 5508, 5512 of Title 15 (Corporations and Unincorporated Associations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 25 - Representation of Litigants › Section 2504 - Letters of attorney

§ 2504. Letters of attorney.
(a) General rule.--
All letters of attorney authorizing acts relating to instruments or judgments may, if duly acknowledged, be filed in the office of the clerk of the court of common pleas of any county. Such filing shall be deemed a recording for the purposes of section 6106 (relating to certified exemplifications of records).
(b) Duration.--
A letter of attorney shall remain in effect until a written revocation by the grantor thereof is filed in such office, but this subsection shall not prevent the prior termination by operation of law of the agency evidenced thereby.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment.
Act 53 added section 2504.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 25 - Representation of Litigants › Section 2522 - Oath of office

§ 2522. Oath of office.
Before entering upon the duties of his office, each attorney at law shall take and subscribe the following oath or affirmation before a person authorized to administer oaths:
"I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity, as well to the court as to the client, that I will use no falsehood, nor delay the cause of any person for lucre or malice."
Any person refusing to take the oath or affirmation shall forfeit his office.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 25 - Representation of Litigants › Section 2523 - Persons specially admitted by local rules

§ 2523. Persons specially admitted by local rules.
Any person specially admitted to practice law on or before April 23, 1968 may continue to practice in the court of common pleas or in that division of the court of common pleas and the Philadelphia Municipal Court which substantially includes the practice for which such person was previously specially admitted.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 25 - Representation of Litigants › Section 2524 - Penalty for unauthorized practice of law

§ 2524. Penalty for unauthorized practice of law.
(a) General rule.--
Except as provided in subsection (b), any person, including, but not limited to, a paralegal or legal assistant, who within this Commonwealth shall practice law, or who shall hold himself out to the public as being entitled to practice law, or use or advertise the title of lawyer, attorney at law, attorney and counselor at law, counselor, or the equivalent in any language, in such a manner as to convey the impression that he is a practitioner of the law of any jurisdiction, without being an attorney at law or a corporation complying with 15 Pa.C.S. Ch. 29 (relating to professional corporations), commits a misdemeanor of the third degree upon a first violation. A second or subsequent violation of this subsection constitutes a misdemeanor of the first degree.
(b) Practice by associations.--
(1) An association does not violate subsection (a) if it provides legal services only through officers, employees or agents who are duly admitted to practice law. The association may employ persons not admitted to practice law, but those persons shall not render any legal services rendered or to be rendered by the association.
(2) This subsection shall not be interpreted to preclude the use of clerks, secretaries, administrators, bookkeepers, technicians and other assistants who are not usually and ordinarily considered by law, custom and practice to be rendering legal services nor to preclude the use of any other person who performs all his employment under the direct supervision and control of a person duly admitted to practice law. A person shall not, under the guise of employment, render legal services unless duly admitted to practice law.
(3) Notwithstanding any other provision of law, an association may charge for the legal services of its officers, employees and agents, may collect those charges and may compensate those who render the professional services.
(c) Injunction.--
In addition to criminal prosecution, unauthorized practice of law may be enjoined in any county court of common pleas having personal jurisdiction over the defendant. The party obtaining such an injunction may be awarded costs and expenses incurred, including reasonable attorney fees, against the enjoined party. A violation of subsection (a) is also a violation of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.
(Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Dec. 7, 1994, P.L.703, No.106, eff. 60 days; July 11, 1996, P.L.607, No.104, eff. 60 days)
1996 Amendment.
Act 104 amended subsec. (a) and added subsec. (c).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 25 - Representation of Litigants › Section 2525 - Unauthorized solicitation prohibited

§ 2525. Unauthorized solicitation prohibited.
(a) Offense defined.--
Any person not an attorney at law who shall solicit or procure through solicitation a retainer, power of attorney or any agreement, written or oral, authorizing an attorney at law to perform or render legal services, or who shall solicit any person in this Commonwealth to institute any action or proceeding for damages in which the compensation of any attorney at law for instituting or prosecuting such suit, shall directly or indirectly, depend upon the amount of the recovery therein, commits a misdemeanor of the third degree.
(b) Exception.--
Subsection (a) shall not prohibit any bona fide labor organization from giving legal advice to its members in matters arising out of their employment or prohibit any person from engaging in any associational activity which is protected under the Constitution of the United States.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 27 - Office of the Clerk of the Court of Common Pleas › Extra - Chapter Notes

Enactment.
Chapter 27 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
            of final enactment of the act of April 28, 1978, P.L.202, No.53.
Cross References.
Chapter 27 is referred to in section 102 of this title.
Cross References.
Subchapter C is referred to in sections 102, 2738 of this title.
Cross References.
Subchapter D is referred to in sections 102, 2738 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 27 - Office of the Clerk of the Court of Common Pleas › Section 2701 - Scope and purpose of chapter

§ 2701. Scope and purpose of chapter.
(a) Purpose.--
The purpose of this chapter is to facilitate the prompt, fair and efficient administration of justice by specifying the respective powers and duties of prothonotaries, clerks of the courts and clerks of orphans' court divisions.
(b) Effect of other provisions of law.--
The provisions of this chapter shall be subject to any inconsistent statute, home rule charter or optional plan of government, and to any inconsistent general rule or rule of court heretofore or hereafter adopted pursuant to and subject to the limitations of constitutional authority.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 27 - Office of the Clerk of the Court of Common Pleas › Section 2702 - Place of filing of documents

§ 2702. Place of filing of documents.
Where jurisdiction of any matter is by law vested in a court of common pleas or in the Philadelphia Municipal Court, all applications for relief or other documents relating to the matter shall be filed in or transferred to the office of the clerk of the court of common pleas and handled by the appropriate office specified by or pursuant to this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 27 - Office of the Clerk of the Court of Common Pleas › Section 2703 - Notice of transfer of functions and duties

§ 2703. Notice of transfer of functions and duties.
Whenever pursuant to section 2756(b)(2) (relating to exceptions) a clerk of the courts files a waiver of any functions and duties ordinarily incident to his office, the order of court appointing another officer or other person to perform such functions and duties entered pursuant to this chapter shall not be valid for any purpose until filed in the Administrative Office. The Administrative Office shall cause all such orders to be published in the Pennsylvania Code.