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Pennsylvania State Association of Boroughs

2015 Legal UpdateAugust 26-27, 2015

Sheraton Harrisburg/Hersheywww.boroughs.org

Pennsylvania’s Magisterial District

Justice System

Presentation for the Pennsylvania State Association of Boroughs

May 28, 2015

By Joseph Mittleman, Director of Judicial Programs, AOPC

Pennsylvania’s Unified Judicial System

Supreme Court

7 Justices

Superior Court

15 Judges

Commonwealth Court9 judges

Common Pleas Courts60 Judicial Districts

439 Judges

Magisterial District Courts526 judges

Philadelphia Municipal Court23 judges

A little history

• Justices of the peace part of British legal system and carried over to America.

• Office established as elected office under Pennsylvania Constitution of 1776 and retained in constitutions of 1790, 1838 and 1874.

• Duties included settling disputes within their jurisdiction.

• Each municipality had a justice of the peace, but each JP had county-wide jurisdiction.

• Salary was paid solely through fees.

A little history

Constitution of 1968 modernized system Reduced number of judges Created magisterial districts Compensated by salary paid by state Elected to six-year terms Mandatory retirement at age seventy (can

serve as senior MDJ until age seventy-eight)

Qualifications of Office

• Twenty-one years of age• Resident of magisterial district for at least one

year prior to election• Elected to six-year term • Member of the bar or take four-week educational

course and pass certifying exam• MDJs permitted to have outside income,

including law practice

Qualifications of Office

• Mandatory retirement at age 70• Eligible for service as senior MDJ for 10

years or until age 78, whichever comes first.

• Annual Salary, 2015: $88,290

MDJ Education

• Minor Judiciary Education Boardo Four-week certification course o Orientation course for all newly-elected MDJSo Annual one-week continuing education course

• Failure to stay current with educational requirements can lead to suspension from duties.

Magisterial Districts

• District boundaries drawn by Supreme Court

• Rules governing boundarieso Caseloads should be close to average caseload for

class of county o Workload should be equitably distributed among

districts in each countyo No district can cross county lineso Municipalities can be divided, but smallest voting

districts cannot be split.

Magisterial Districts

• Central Courtso 21 Counties have established central courts

for more efficient processing of cases• Offices must be within district unless

Supreme Court approves request of president judge to combine two judges in one office

Magisterial DistrictsAverage District Caseloads

• Criminal: 332 • Non-Traffic: 601 • Private Criminal Complaint: 141 • Traffic: 2,590 • Civil: 250 • Landlord/Tenant: 119 • Miscellaneous: 86 • Total: 4119

MDJ Administration

• Supreme Court• Judicial Conduct Board/ Court of Judicial

Discipline• AOPC

o MDJS• President Judges

Jurisdiction of an MDJ

• Civil matters oClaims seeking monetary judgment of

$12,000 or less• Criminal

o Preliminary arraignments Reading of charges and setting bail

o Preliminary hearingso Search warrantso Arrest warrantso Private criminal complaints

Jurisdiction of an MDJ

• Landlord/tenanto EvictionoMoney judgment for matters under $12,000

• Traffic• Non-traffic summary cases

oCriminal cases – summary offensesoMunicipal citations

Jurisdiction of an MDJ

• MiscellaneousoOathsoMarriageso Truancyo Emergency Protection from Abuse matters

Magisterial District Statistics2013

Criminal• New cases filed: 211,426• Cases disposed: 189,532

oBound to Court: 32,995oWaiver of Preliminary Hearing: 119,693oGuilty Plea: 8,719oDismissal: 11,682oProsecution Withdrawn: 15,433oReferred to Common Pleas Court: 1,010

Magisterial District Statistics2013

Private Criminal Complaints• New cases filed: 58,171• Cases disposed: 58,599

oTrial Guilty: 9,968oTrial Not Guilty: 4,411oGuilty Plea: 17,034oARD: 58oDismissal: 16,807oProsecution Withdrawn: 7,942oOther: 2,379

Magisterial District Statistics2013

Traffic• New cases filed: 1,597,042• Cases disposed: 1,625,925

oTrial Guilty: 151,653oTrial Not Guilty: 67,959oGuilty Plea: 1,181,430oDismissal: 153,425oProsecution Withdrawn: 71,407oReferred to Common Pleas Court: 51

Magisterial District Statistics2013

Non-traffic• New cases filed: 344,443• Cases disposed: 334,769

oTrial Guilty: 56,084oTrial Not Guilty: 24,586oGuilty Plea: 169,576oARD: 848oDismissal: 51,844oProsecution Withdrawn: 31,812oReferred to Common Pleas Court: 19

Magisterial District Statistics2013

Civil• New cases filed: 120,014• Cases disposed: 125,485

oTrial: 27,824oDefault Judgment: 51,231oSettled: 11,758oDismissal Without Prejudice: 21,968oComplaint Withdrawn: 12,704

Magisterial District Statistics2013

Landlord/Tenant• New cases filed: 94,569• Cases disposed: 93,827

oTrial: 77,971oDefault Judgment: 69oSettled: 8,219oDismissal Without Prejudice: 2,954oComplaint Withdrawn: 4,614

Magisterial District Statistics2013

Protection from Abuse• New cases filed: 6,316• Cases disposed: 5,793

oGranted: 5,004 (79.2%)oDenied: 789 (12.5%)

2013 Collection of Money MDJS

Commonwealth $152,287,238.00County $47,124,949.00Municipalities $42,093,116.00Other (schools, libraries, etc.)

$3,104,227.00Subtotal $244,609,530.00Restitution $5,101,989.00Total $249,711,519.00

2013 Collection of Money CPCMS

Commonwealth $55,376,450.69County $109,588,366.37Municipalities $9,219,385.06Other (schools, libraries, etc.)

$1,145,552.63Subtotal $175,329,754.75Restitution $30,226,720.83Total $205,556,475.58

2013 Collection of Money TOTAL

Commonwealth $207,663,688.69County $156,713,315.37Municipalities $51,312,501.06Other (schools, libraries, etc.)

$4,249,779.63Subtotal $419,939,284.75Restitution $35,328,709.83Total $455,267,994.58

Getting a case before an MDJ

• Municipalities, other than the police, are most likely to be before an MDJ for:

Parking ticketsViolation of municipal ordinance

Getting a case before an MDJ

• Parking cases

Come before MDJ if ticketed individual:• Fails to respond• Contests ticket

Getting a case before an MDJ

• Municipal Ordinanceo Issuance of citation by personal service

or by certified mail, return receipt requested (can also be by criminal complaint)

oCitation filed with MDJ within five days of issuance

oDefendant has ten days of filing to respond (in person or by mail)

Getting a case before an MDJ

• Pleading guiltyoBy mail

Paying full amount if fine and costs listed on citation

oAppearing before MDJ MDJ imposes fine and costs. Payment

may be made immediately, or MDJ can place defendant on payment plan

Getting a case before an MDJ

• Pleading not guilty (by mail or in person)oMDJ sets trial dateoDefendant must deposit collateral (usually

amount of fine or cost for offense)oNotices sent to partieso All parties may request subpoenas be issued

to necessary witnesses

Getting a case before an MDJ

• If defendant fails to respondo Arrest warrant will issueo Arresting officer can take payment for full

amount of fine and costs if stated on warrant

OroDefendant is taken before MDJ, trial date set,

defendant posts collateral and is released

What to expect at a hearing

• Borough is prosecuting agency o You go first – solicitor, code enforcement

officer, etc.o You have the burden of proving guilt beyond a

reasonable doubtoReasonable Doubt: Proof of such a

convincing character that a reasonable person would not hesitate to rely and act upon it in the most important of his or her affairs.

What to expect at a hearing

• Rules of Evidence and Rules of Procedure apply (but MDJs are typically more informal than court of common pleas)

• If defendant fails to appear, MDJ can continue case, or may hold hearing in defendant’s absence. Borough still has to prove case, even if defendant does not appear.

What to expect at a hearing

• Defendant entitled to attorney, but may proceed without one. (No public defenders for summary cases unless jail sentence is likely.)

What to expect at a hearing

• Borough presents evidenceo Testimony of borough official

Hearsay generally not permitted Can use statements made by defendant

o Testimony of witnesseso Photographs

Need to establish when photograph was taken and who took it, preferably through testimony of photographer

oOther physical evidence

What to expect at a hearing

• Borough official should conduct questioning• MDJ may ask questions• Defendant or his attorney may cross examine

witnesses• Defendant may present evidence• Borough official may cross-examine defense

witnesses• Defendant does not have to testify

What to expect at a hearing

• VerdictMust be given at conclusion of hearingoNot guilty

• Defendant’s collateral is returned and case is over

oGuilty Judge imposes sentence

• Fines and costs• Imprisonment

What happens after the hearing?

• Right of appealoDefendant has right to appeal to court of

common pleaso Appeal must be filed within 30 daysoOn appeal, new hearing is held

• PaymentoCollateral is used to pay fines and costso Any unpaid balance may be due immediately

or MDJ can place defendant on payment plan

What happens after the hearing?

• Default: What if he doesn’t pay?o If defendant notifies court of inability to pay

MDJ can adjust payment plan Can schedule hearing where defendant

must prove change in his or her financial status, which renders him or her unable to meet the payment schedule.

What happens after the hearing?

• Default: What if he doesn’t pay?If defendant stops paying

• Notice is sent by first class mail to defendant that within 10 days he must make payment or show cause why they should not be imprisoned for failing to pay.

• If defendant fails to respond, arrest warrant issued. When warrant is executed, defendant is brought before MDJ for hearing to show cause why they should not be imprisoned for failing to pay.

Search Warrants

• US and PA Constitutions protect citizens from “unreasonable searches and seizures.”

• Search warrants are required for most governmental searches.

Search Warrants

• Two types of search warrantsoGeneral warrant – used for criminal

investigationso Administrative warrants – inspections to

ensure compliance with administrative codes

Search WarrantsRequirements differ for each type of

warrant

• Review oGeneral warrant – must be approved by

judicial officero Administrative warrants – can be approved by

non-judicial official

Search WarrantsRequirements differ for each type of

warrant• Probable cause

oGeneral warrant – requires probability that evidence of crime will be discovered.

o Administrative warrant Does not require belief that building contains code

violations Requires only that reasonable legislative or

administrative standards for conducting an area inspection are satisfied with respect to a particular dwelling.

Search WarrantsExceptions

• Exigent Circumstances• Special Needs• Pervasively Regulated Businesses

Businesses that require a permit or license to operate may be required as a condition of the permit or license to allow inspections, and failure to do so may result in fine or revocation of the permit or license.

Obtaining a Search Warrant

• Complete search warrant form found on Pennsylvania Courts website.

• http://www.pacourts.us/Links/LawEnforcement/PoliceForms.htm

• Form can be accessed by a police officer or by a borough official requesting access by e-mailing: ccform@pacourts.us

Questions?

Joseph MittlemanDirector of Judicial ProgramsAdministrative Office of Pennsylvania

Courts1515 Market Street, Suite 1414Philadelphia, PA 19102215-560-6300joseph.mittleman@pacourts.us