Transcript Pennsylvania`s Magisterial District Justice System

Understanding and Working
with the District Judges
August 22, 2013
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Pennsylvania’s
Magisterial District Justice
System
Presentation for the Pennsylvania
State Association of Boroughs
August 22, 2013
By Joseph Mittleman,
Director of Judicial Programs, AOPC
Pennsylvania’s Unified Judicial
System
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
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•
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•
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
• Member of the bar or take four-week educational course and
pass certifying exam
• MDJs permitted to have outside income, including law
practice
MDJ Education
• Minor Judiciary Education Board
• Four-week certification course
• Orientation course for all newly-elected MDJS
• Annual one-week continuing education course
• Failure to stay current with educational requirements can lead
to suspension from duties.
District Boundaries
• District Boundaries drawn by Supreme Court
• Rules governing boundaries
• No district can cross county lines
• Municipalities can be divided, but smallest voting districts cannot
be split.
• Central Courts
• 21 Counties have established central courts for more efficient
processing of cases
MDJ Administration
• Supreme Court
• AOPC
• MDJS
• President Judges
Jurisdiction of an MDJ
• Civil matters
• Claims seeking monetary judgment of $12,000 or less
• Criminal
• Preliminary arraignments
• Reading of charges and setting bail
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Preliminary hearings
Search warrants
Arrest warrants
Private criminal complaints
Jurisdiction of an MDJ
• Landlord/tenant
• Eviction
• Money judgment for matters under $12,000
• Traffic
• Non-traffic summary cases
• Criminal cases – summary offenses
• Municipal citations
Jurisdiction of an MDJ
• Miscellaneous
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•
•
Oaths
Marriages
Truancy
Emergency Protection from Abuse matters
Magisterial District Statistics
2012
• Criminal
• New cases filed: 211,247
• Cases disposed: 189,264
• Private Criminal Complaints
• New cases filed: 58,682
• Cases disposed: 60,796
Magisterial District Statistics
2012
• Traffic
• New cases filed: 1,561,593
• Cases disposed: 1,562,934
• Non-traffic
• New cases filed: 351,050
• Cases disposed: 352,737
Magisterial District Statistics
2012
• Civil
• New cases filed: 138,468
• Cases disposed: 147,972
• Landlord/Tenant
• New cases filed: 91,136
• Cases disposed: 90,140
• Protection from Abuse
• New cases filed: 7,048
• Cases disposed: 7,048
2012 Collection of Money
MDJS
Commonwealth
County
Municipalities
Other (schools, libraries, etc.)
Subtotal
Restitution
Total
$153,123,134.1
7
$52,466,590.48
$42,846,246.35
$2,851,760.06
$251,287,731.0
6
$5,607,288.09
$256,895,019.1
5
2012 Collection of Money
CPCMS
Commonwealth
County
Municipalities
Other (schools, libraries, etc.)
Subtotal
Restitution
Total
$58,140,174.34
$112,738,048.4
3
$9,436,285.62
$1,123,910.84
$181,438,418.2
3
$30,320,640.32
$211,759,059.5
5
2012 Collection of Money
TOTAL
Commonwealth
County
Municipalities
Other (schools, libraries, etc.)
Subtotal
Restitution
Total
$211,263,308.5
1
$165,204,638.9
1
$52,282,531.97
$3,975,670.90
$432,726,150.2
9
$35,927,928.41
$468,654,078.7
0
Getting a case before an MDJ
• Municipalities, other than the police, are most likely to be
before an MDJ for:
• Parking tickets
• Violation of municipal ordinance
Getting a case before an MDJ
• Parking cases
• Comes before MDJ if ticketed individual:
• Fails to respond
• Contests ticket
Getting a case before an MDJ
• Municipal Ordinance
• Issuance of citation by personal service
or by certified mail, return receipt
requested (can also be by criminal
complaint)
• Citation filed with MDJ within five days
of issuance
• Defendant has ten days of filing to
respond (in person or by mail)
Getting a case before an MDJ
• Pleading guilty
• By mail
• Paying full amount if fine and costs listed on
citation
• Appearing 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)
• MDJ sets trial date
• Defendant must deposit collateral
(usually amount of fine or cost for
offense)
• Notices sent to parties
• All parties may request subpoenas be
issued to necessary witnesses
Getting a case before an MDJ
• If defendant fails to respond
• Arrest warrant will issue
• Arresting officer can take payment for
full amount of fine and costs if stated on
warrant
Or
• Defendant is taken before MDJ, trial date
set, defendant posts collateral and is
released
What to expect at a hearing
• Borough is prosecuting agency
• You go first – solicitor, code enforcement officer, etc.
• You have the burden of proving guilt beyond a reasonable doubt
• Reasonable 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.
• 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 evidence
• Testimony of borough official
• Hearsay generally not permitted
• Can use statements made by defendant
• Testimony of witnesses
• Photographs
• Need to establish when photograph was taken and who took it,
preferably through testimony of photographer
• Other physical evidence
What to expect at a hearing
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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
• Verdict
• Must be given at conclusion of hearing
• Not guilty
• Defendant’s collateral is returned and case
is over
• Guilty
• Judge imposes sentence
• Fines and costs
• Imprisonment
What happens after the
hearing?
• Right of appeal
• Defendant has right to appeal to court of common pleas
• Appeal must be filed within 30 days
• On appeal, new hearing is held
• Payment
• Collateral is used to pay fines and costs
• 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?
• 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.
• Two types of search warrants
• General warrant – used for criminal investigations
• Administrative warrants – inspections to ensure compliance with
administrative codes
Search Warrants
Requirements differ for each type of
warrant
• Review
• General warrant – must be approved by judicial officer
• Administrative warrants – can be approved by non-judicial official
Search Warrants
Requirements differ for each type of
warrant
• Probable cause
• General warrant – requires probability that evidence of crime will be
discovered.
• 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 Warrants
Exceptions
• 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: [email protected]
Questions?
Joseph Mittleman
Director of Judicial Programs
Administrative Office of Pennsylvania
Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
215-560-6300
[email protected]