CHAPTER 201. UNIFIED JUDICIAL SYSTEM Sec.
201.1. Organization of the Unified Judicial System.
201.2. Appellate jurisdiction within the Unified Judicial System.
201.3. Status of indicting grand juries; initiation of criminal proceedings by information.
201.4. Office of the Clerk of the Court of Common Pleas generally.
201.5. Civil Functions transferred from the office of the clerk of the courts.
201.6. Jury selection commissions.
201.7. Sheriffs.
201.8. Register of wills.Source The provisions of this Chapter 201 adopted June 3, 1971, 1 Pa.B. 1370, amended through January 4, 1974, 4 Pa.B. 7, unless otherwise noted.
§ 201.1. Organization of the Unified Judicial System.
The following is an unofficial chart of the administrative organization of the Unified Judicial system of the Commonwealth of Pennsylvania:
§ 201.2. Appellate jurisdiction within the Unified Judicial System.
The following is an unofficial chart of the appellate jurisdiction of the Unified Judicial system of the Commonwealth of Pennsylvania:
COMMONWEALTH OF PENNSYLVANIA—
(As of December 4, 1980)
UNIFIED JUDICIAL SYSTEM
(As of December 4, 1980)
Source The provisions of this § 201.2 amended through December 26, 1980, effective December 27, 1980, 10 Pa.B. 4956. Immediately preceding text appears at serial pages (35721) and (39533).
§ 201.3. Status of indicting grand juries; initiation of criminal proceedings by information.
(a) General rule. The Supreme Court of Pennsylvania pursuant to Section 10 of Article 1 of the Constitution of Pennsylvania has approved the initiation of criminal proceedings by information in the following courts of common pleas:
County Judicial District Docket Page Reference Docket No. Effective Date Adams 51 179 21 May 1, 1976 Allegheny 5 178 21 June 1, 1976 Armstrong 33 83 21 January 1, 1976 Beaver 36 150 21 March 1, 1976 Bedford 57 31 E.D. 1990 November 19, 1991 Berks 23 53 21 January 1, 1976 Blair 24 54 21 January 1, 1976 Bradford 42 340 21 March 1, 1977 Bucks 7 46 21 January 1, 1976 Butler 50 62 21 January 1, 1976 Cambria 47 77 21 January 1, 1976 Cameron 59 88 21 January 1, 1976 Carbon 56 74 21 January 1, 1976 Centre 49 309 20 January 6, 1975 Chester 15 50 21 January 1, 1976 Clarion 18 187 E.D. 1980 February 21, 1980 Clearfield 46 43 21 January 1, 1976 Clinton 25 308 21 December 9, 1976 Columbia 26 89 21 January 1, 1976 Crawford 30 70 21 January 1, 1976 Cumberland 9 293 21 December 1, 1976 Dauphin 12 49 21 January 1, 1976 Delaware 32 56 21 January 1, 1976 Elk 59 88 21 January 1, 1976 Erie 6 42 21 January 1, 1976 Fayette 14 223 21 June 7, 1976 Forest 37 51 E.D. 1978 April 5, 1978 Franklin 39 291 21 January 1, 1977 Fulton 39 291 21 January 1, 1977 Greene 13 176 E.D. 1978 October 31, 1978 Huntingdon 20 87 21 January 1, 1976 Indiana 40 175 E.D. 1978 October 31, 1978 Jefferson 54 451 21 October 14, 1977 Juniata 41 58 21 January 1, 1976 Lackawanna 45 188 E.D. 1983 December 12, 1983 Lancaster 2 69 21 January 1, 1976 Lawrence 53 572 E.D. 1980 August 28, 1980 Lebanon 52 44 21 January 1, 1976 Lehigh 31 55 21 January 1, 1976 Luzerne 11 48 21 January 1, 1976 Lycoming 29 59 21 January 1, 1976 McKean 48 61 21 January 1, 1976 Mercer 35 309 21 December 9, 1976 Mifflin 58 64 21 January 1, 1976 Monroe 43 60 21 January 1, 1976 Montgomery 38 57 21 January 1, 1976 Montour 26 90 21 January 1, 1976 Northampton 3 45 21 January 1, 1976 Northumberland 8 67 21 January 1, 1976 Perry 41 58 21 January 1, 1976 Philadelphia 1 504 19 January 1, 1976 Pike 60 60 21 January 1, 1976 Potter 55 63 21 January 1, 1976 Schuylkill 21 41 E.D. 1978 March 27, 1978 Snyder 17 87 E.D. 1984 June 29, 1984 Somerset 16 51 21 January 1, 1976 Sullivan 44 71 21 January 1, 1976 Susquehanna 34 129 E.D. 1979 December 31, 1979 Tioga 4 180 21 May 1, 1976 Union 17 87 E.D. 1984 June 29, 1984 Venango 28 68 21 January 1, 1976 Warren 37 51 E.D. 1978 April 5, 1978 Washington 27 249 21 August 2, 1976 Wayne* 22 Westmoreland 10 47 21 January 1, 1976 Wyoming 44 71 21 January 1, 1976 York 19 52 21 January 1, 1976 *By order of the Supreme Court, the statewide rules of criminal procedure governing indicting grand juries and indictments were rescinded effective September 1, 1993. See also, Pa.R.Crim.P. 103 (defining ‘‘information’’ as replacing the indictment in all counties ‘‘since the use of the indicting grand jury has been abolished.’’).
(b) Status of grand jury. 42 Pa.C.S. § 8931(f) provides that no grand jury shall be impaneled in any judicial district where the Supreme Court has approved the initiation of criminal proceedings by information, for the purpose of considering bills of indictment, and that such provision shall not prohibit the impaneling of grand juries under and with the powers provided in Subchapter 45D of the Judicial Code (42 Pa.C.S. § 4541 et seq.) or for any other purpose as provided or prescribed by law.
Source The provisions of this § 201.3 adopted June 30, 1978, 8 Pa.B. 1747, amended May 1, 1981, effective May 2, 1981, 11 Pa.B. 1435; amended December 2, 2011, effective December 3, 2011, 41 Pa.B. 6377. Immediately preceding text appears at serial pages (250502) and (236525) to (236526).
§ 201.4. Office of the Clerk of the Court of Common Pleas generally.
(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.
Source The provision of this § 201.4 adopted September 19, 1979, effective September 29, 1979, 9 Pa.B. 3304, amended February 8, 1980, effective February 9, 1980, 10 Pa.B. 644. Immediately preceding text appears at serial page (45714).
§ 201.5. Civil functions transferred from the office of the clerk of the courts.
(a) General rule. Except as provided in subsections (b) and (c) of this section, under certain existing statutes papers with respect to certain road, liquor, municipal and other miscellaneous civil matters formerly within the jurisdiction of the Court of Oyer and Terminer and General Jail Delivery or the Court of Quarter Sessions of the Peace are required to be filed in the Office of the Clerk of the Courts.
(b) Allegheny County. 42 Pa.C.S. § 2756(b)(1) (relating to matters or documents filed in the office of the clerk of the courts) provides that only applications for relief or other documents relating to criminal matters shall be filed in the Office of the Clerk of the Courts of Allegheny County.
(c) Other counties. 42 Pa.C.S. § 2756(b)(2) provides that the Clerk of the Courts of any county may file in the Office of the Prothonotary of the county and in the Administrative Office a written waiver of all or any part of any noncriminal filing functions and duties, and 42 Pa.C.S. § 2703 (relating to notice of transfer of functions and duties) provides for official publication by the Administrative Office of the orders of court appointing another officer or other person to perform such functions and duties. No such written waivers have been filed as of July 1, 1979.
Source The provisions of this § 201.5 adopted September 19, 1979, effective September 29, 1979, 9 Pa.B. 3304.
§ 201.6. Jury selection commissions.
(a) General rule. Except as provided in subsection (b) of this section, the jury selection commission in each county of this Commonwealth consists of three or more persons selected as provided by 42 Pa.C.S. § 2122 (relating to composition of jury selection commissions).
(b) Home rule counties. As provided by 42 Pa.C.S. § 2121(b) (relating to jury selection commissions) a county home rule charter may supersede 42 Pa.C.S. § 2122. The following unofficial summary of local law is provided for the general information of the public system and and related personnel and shall not be construed as an authoritative interpretation of any provision of law:
(1) Delaware County. Sections 408 and 416 of the charter provide that a majority and minority jury commissioner shall be appointed by the County Council. The jury commissioners have all the powers and duties granted by applicable law, the charter or ordinance of County Council.
(2) Erie County. Section 3 of Article VI of the charter provides that there shall be a Jury Board which shall consist of the President Judge of the Court of Common Pleas, one other judge of the court appointed by the President Judge and a clerk appointed by the President Judge from among the clerks employed by the Department of Records; that the Jury Board shall have and exercise all powers and duties imposed upon it by applicable law pertaining to the selection of jurors; and that certain procedures shall be followed in the selection of jurors.
(3) Lackawanna County. Section 1706 of the charter abolishes the office of elected jury commissioner. Section 702(a) of the charter provides that the elected Sheriff shall have power relating to administration of jury service in the county.
(4) Lehigh County. Section 1105 of the charter, as amended, abolishes the office of elected jury commissioner. Section 501(d) of the charter, as amended, provides that jury selection and management shall be the responsibility of the Judiciary and grants plenary power and authority to carry out that responsibility. The ‘Judiciary’ is defined by Section 1009(m) of the charter to include the Court of Common Pleas; the Judicial Magisterial System within the 31st Judicial District; the offices of the Court Administrator and Clerk of the Orphans’ Court Division of the Court of Common Pleas; the Domestic Relations Section; the Probation Department; and such other offices sections, departments and/or agencies which do now or shall hereafter constitute part of the Judicial System within the County of Lehigh.
(5) Northampton County. Section 1303(a) of the charter abolishes the office of elected jury commissioner. Section 1304(b)(3) of the charter transfers the duties, powers and functions of the jury commissioners to the Court of Common Pleas.
Source The provisions of this § 201.6 adopted September 19, 1979, effective September 29, 1979, 9 Pa.B. 3304, amended February 8, 1980, effective February 9, 1980, 10 Pa.B. 644. Immediately preceding text appears at serial page (45716).
§ 201.7. Sheriffs.
(a) General rule. Except as provided in subsection (b) of this section, the functions of sheriff under 42 Pa.C.S. § 2921 (relating to powers and duties of the sheriff) are performed by the Sheriff of the county elected as provided by statute.
(b) Home rule counties. Under Article IX of the Constitution of Pennsylvania the elected office of sheriff may be abolished. 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:
Northampton County. Article III of the charter provides for an elected County Executive. Section 1303 of the charter abolishes the elected office of Sheriff effective the first Monday of January 1980. Section 1304(b)(3) of the charter transfers the duties, functions and powers of such office to the County Executive or to his subordinate as provided by law. Article X of the County Administrative Code provides for an Office of the Sheriff headed by a Sheriff who is responsible to the County Executive and sets forth the duties of the Sheriff.
Source The provisions of this § 201.7 adopted September 19, 1979, effective September 29, 1979, 9 Pa.B. 3304.
§ 201.8. Register of wills.
(a) General rule. Except as provided in subsection (b) of this section, the functions and duties of register of wills under the Probate, Estates and Fiduciaries Code (20 Pa.C.S.) are performed by the Register of Wills of the county elected as provided by statute.
(b) Home rule counties. Under Article IX of the Constitution of Pennsylvania the elected office of Register of Wills may be abolished. 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) 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 Register of Wills.
(2) Northampton County. Article III of the charter provides for an elected County Executive. Section 1303 of the charter abolishes the elected office of Register of Wills effective the first Monday of January 1980. Section 1304(b)(3) of the charter transfers the duties, functions and powers of such office to the County Executive or to his subordinate as provided by law. Article X of the County Administrative Code provides that the Department of Court Services will perform all functions formerly performed by the Register of Wills.
Source The provisions of this § 201.8 adopted September 19, 1979, effective September 29, 1979, 9 Pa.B. 3304.
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