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THE COURTS

Reestablishment of the Magisterial District Within the 5th Judicial District; No. 212 Magisterial Doc. No. 1

[34 Pa.B. 6507]

Order

Per Curiam:

   And Now, this 29th day of November, 2004, upon further consideration of the Petition for Realignment filed by the former President Judge of the Fifth Judicial District dated November 15, 2002, relating to the proposed Central Court and the evaluation of the current Pittsburgh Magistrates Court to gauge the feasibility of transitioning the Pittsburgh Magistrates Court into the statewide district justice system, it is hereby Ordered:

   Pursuant to the authority set forth by Article V, Section 10(c) of the Constitution of Pennsylvania and the general supervisory and administrative authority of the Supreme Court of Pennsylvania as set forth by 42 Pa.C.S. Section 1701, et seq., (Judicial Code), it is directed that an administrative judicial unit hereinafter referred to as the Pittsburgh Municipal Court is established within the Fifth Judicial District, to which all matters within the jurisdiction of the Pittsburgh Magistrates Court are assigned, except those matters within the jurisdiction of Pittsburgh Housing Court pending further Order of this Court. Pursuant to 42 Pa.C.S. Section 325, (Judicial Code), the President Judge of the Fifth Judicial District shall assign, on a rotating basis, Allegheny County District Justices to hear all matters before the Pittsburgh Municipal Court and Pittsburgh Housing Court. The President Judge of the Fifth Judicial District shall exercise full administrative authority over the Pittsburgh Municipal Court and Pittsburgh Housing Court. The responsibilities and duties of the district justices assigned to Pittsburgh Municipal Court and Pittsburgh Housing Court shall be the same as those of the minor judiciary and district justices as provided by law. All fines, fees, costs, restitution, and other reparations collected by the Pittsburgh Municipal Court shall be distributed in accordance with 42 Pa.C.S. Sections 3571, 3572, 3573, and all other relevant legal authority.

   The provisions of this Order shall be effective January 1, 2005.

   Messrs. Justice Saylor and Eakin dissent, by reference to Section 21 of the Schedule to Article V of the Pennsylvania Constitution.

[Pa.B. Doc. No. 04-2175. Filed for public inspection December 10, 2004, 9:00 a.m.]



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