Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 201 - UNIFIED JUDICIAL SYSTEM › Section 201.4 - Office of the Clerk of the Court of Common Pleas generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Except as
				provided in subsection (b) of this section the functions of the Office of the
				Clerk of the Court of Common Pleas are performed by the county officers and
				other personnel specified in 42 Pa.C.S. Ch. 27 (relating to Office of the Clerk
				of the Court of Common Pleas).
(b)
Home rule counties.
As provided by
				42 Pa.C.S. §
										2701(b) (relating to scope
				and purpose of chapter), a county home rule charter may supersede the
				provisions of 42 Pa.C.S. Ch. 27. The following unofficial summary of local law
				is provided for the general information of the public and system and related
				personnel, and shall not be construed as an authoritative interpretation of any
				provision of law:
(1)
Delaware
				County.
Section 801 of the charter provides that the elected Register
				of Wills shall be the Clerk of the Orphans' Court Division, and section 802
				provides for the appointment by the Register, subject to the budgetary approval
				of the County Council, of a deputy or deputies and such other assistants as may
				be required. All other functions of the Office of the Clerk of the Court of
				Common Pleas are vested in an Office of Judicial Support, which the County
				Council is required by section 425 of the charter to establish by combining the
				offices of the Clerk of the Courts and Prothonotary. Section 1213 of the
				charter provides that the separate office of Clerk of the Courts was abolished
				on the first Monday of January 1978 and that the separate office of
				Prothonotary shall be abolished effective the first Monday of January 1980. The
				Office of Judicial Support is headed by a Director, and its operations are
				governed by section
				10.16 of the County
				Administrative Code. Section 422 of the charter provides in effect that the
				County Solicitor and Assistant Solicitors shall provide legal advice and
				assistance to the Office of Judicial Support.
(2)
Erie County.
Section 1
				of Article IV of the charter provides for an elected Clerk of Records, who has
				and exercises all powers and duties conferred by law upon the Prothonotary, the
				Clerk of the Courts and the Clerk of the Orphans' Court Division (and also the
				Recorder of Deeds) and any additional duties and powers conferred by the County
				Council. Article II, section 3B, of the County Administrative Code prescribes
				the organization of the Office of the Clerk of Records and establishes four
				divisions: Prothonotary (Civil), Clerk of Courts (Criminal), Recorder of Deeds
				and Register of Wills and Clerk of Orphans' Court. Section 3 of Article V of
				the charter provides that the County Solicitor is the chief legal officer and
				attorney for the County government and that no other legal counsel may be
				employed without the approval of the County Council. Section 4 of Article VII
				of the charter provides that the Clerk of Records may hire the employes of the
				Department of Records, but only from lists of eligibles certified by the
				Director of Personnel.
(3)
Lackawanna County.
Article X of the charter provides that an
				elected Register of Wills shall exercise the powers granted by law to registers
				of wills in counties of its class. Section 1302(a) of The County Code
				(16
				P. S. §
											1302(a)) provides in
				effect that in counties of such class the offices of Register of Wills and
				Clerk of the Orphans' Court Division are combined. Article VIII of the charter
				provides for an elected Clerk of Judicial Records, who has all powers,
				functions and duties previously assigned by law to the office of Prothonotary
				and office of Clerk of the Courts. Section
				2.16 of the County Administrative
				Code sets forth the structure, organization, manner and operational procedures
				whereby the office of the Clerk of Judicial Records operates and
				functions.
(4)
Lehigh
				County.
Section 501(a) of the charter, as amended, provides that the
				judicial power in Lehigh County is vested in the Court of Common Pleas of the
				31st Judicial District of the Commonwealth of Pennsylvania, presently composed
				of Lehigh County, and the district justices in such district, all of which, the
				charter provides, are part of the Unified Judicial System of the Commonwealth
				of Pennsylvania and not a part of the County government, and such courts and
				other judicial officers as may be established by law. Section 501(c) of the
				charter provides for the appointment by the Court of Common Pleas
en
				banc
of a Clerk of the Orphans' Court Division who has and exercises
				the powers and duties conferred by law on the Clerks of the Orphans' Court
				Division by applicable law. Section 508 of the charter provides for an elected
				Clerk of Courts who, on and after the first Monday of January 1980, shall have
				and exercise all powers and duties conferred by law upon the Prothonotary and
				the Clerk of the Courts.
(5)
Northampton County.
Article I of the charter provides for an
				elected County Executive. Section 1303 of the charter abolished the offices of
				Prothonotary (and Recorder of Deeds) and, effective the first Monday of January
				1980, Clerk of the Courts and Clerk of the Orphans' Court Division. Section
				1304(b)(2) of the charter transfers the duties, functions and powers of such
				offices to the County Executive or to his subordinate as provided by law.
				Article V of the County Administrative Code provides for the establishment of a
				Department of Court Services, headed by a Director of Court Services who is
				responsible to the County Executive. The Department of Court Services is
				organized into the following divisions: Clerk of Courtsz, Criminal Division,
				Clerk of Courts, Civil Division (Prothonotary), Recorder of Deeds, Register of
				Wills and Clerk of Courts, Orphans' Court Division.