Pa. Cons. Stat. » 42 Pa. Cons. Stat. (JUDICIARY) / Chapter 23
Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 2301 (2026)

  Appointment of personnel.

✓ current as of May 2026
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CHAPTER 23

PERSONNEL OF THE SYSTEM

 

Subchapter

A.  General Provisions

B.  through I. (Reserved)

J.  Transferred County-Level Court Administrator Leave and Benefits

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

2301.  Appointment of personnel.

2302.  Maintenance of adequate county staff.

 

Enactment.  Chapter 23 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.

Subchapter Heading.  The heading of Subchapter A was added June 22, 1999, P.L.75, No.12, effective immediately.

§ 2301.  Appointment of personnel.

(a)  General rule.--Subject to any inconsistent general rules or statutory provisions each:

(1)  Judge and magisterial district judge may appoint and fix the duties of necessary personal staff.

(2)  Court may appoint and fix the compensation and duties of necessary administrative staff and fix the compensation of personal staff.

(3)  Other agency or unit of the unified judicial system may appoint and fix the compensation and duties of necessary central staff and personal staff.

(b)  Oath of office.--Each member of a judicial board or commission and each other person who is appointed to an office shall, before entering upon the duties of his office, take and subscribe the oath or affirmation specified in section 3151 (relating to oath of office).

(c)  County staff unaffected.--The provisions of subsection (a) are intended solely to codify and consolidate former statutory provisions on the same subject and nothing in such subsection shall be construed to limit, modify or deny the existing powers or prerogatives of county staff or other officers, other than judges, elected by the electorate of a county, to appoint and to fix the reasonable compensation of such classes of personnel as such county officers have heretofore been authorized to do by law.

(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

 

2004 Amendment.  Act 207 amended subsec. (a)(1). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

Special Provisions in Appendix.  See sections 12, 17 and 18 of Act 142 of 1976 in the appendix to this title for special provisions relating to Allegheny County appointments, landlord and tenant officers and writ servers and traffic court writ servers.

Cross References.  Section 2301 is referred to in section 325 of this title.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1981–2024 · leading case: Beckert v. Warren, 439 A.2d 638 (Pa. 1981).
Sort: Relevance Newest Treatment
Beckert v. Warren, 439 A.2d 638 (Pa. 1981). · cites it 3× “Similarly, 42 Pa.C.S. § 2301 provides: (a) General rule.”
Cnty. of Lehigh v. Commonwealth, Pennsylvania Labor Relations Bd., 489 A.2d 1325 (Pa. 1985). · cites it 2× “2d 362 (1974); see also 42 Pa.C.S. § 2301. The authority to supervise and to discharge court-appointed employees is not only a necessary corollary to this appointment power but also is essential to the maintenance of an independent judiciary.”
Kaplan v. Allegheny Cnty. Commissioners, 45 Pa. D. & C.3d 396 (1986). · cites it 5× “MOTION FOR PEREMPTORY JUDGMENT In this mandamus action, Judge Kaplan seeks to compel defendants to refrain from imposing the commissioners’ mandatory retirement upon Lacy, a member of his personal staff.”
Commonwealth ex rel. Gallas v. Pennsylvania Labor Relations Bd., 636 A.2d 253 (Pa. Commw. Ct. 1993). “DOES APPLICATION OF THE ACT TO COURT-APPOINTED EMPLOYEES VIOLATE THE JUDICIAL CODE OR THE JUDICIAL CONDUCT CODE? The petitioners next contend that application of the Act to court-appointed employees violates Section 2301(a)(2) of the Judicial Code, 42 Pa.C.S. § 2301(a)(2), and…”
In re Ownership of Notes & Reproduction of Transcripts, 763 A.2d 575 (Pa. Commw. Ct. 2000). “(2) Exercise the powers of the court under section 2301(a)(2) [of the Judicial Code, 42 Pa.C.S. § 2301] (relating to the appointment of personnel).”
Court of Common Pleas of Erie Cnty. v. Pennsylvania Human Relations Comm'n, 653 A.2d 1312 (Pa. Commw. Ct. 1994). “Section 2301(a)(1) of the Judicial Code, 42 Pa.C.S. § 2301(a)(1), provides: Judges and district justice may appoint and fix the duties of necessary personal staff.”
Timbers v. Roberts, 654 A.2d 625 (Pa. Commw. Ct. 1995). “(2) By the Commonwealth government, including any officer thereof, acting in his official capacity, except eminent domain proceedings.” Id. . "Subject to any inconsistent general rules or statutory provisions each .”
Com. Ex Rel. Gallas v. Plrb, 636 A.2d 253 (Pa. Commw. Ct. 1993). “DOES APPLICATION OF THE ACT TO COURT-APPOINTED EMPLOYEES VIOLATE THE JUDICIAL CODE OR THE JUDICIAL CONDUCT CODE? The petitioners next contend that application of the Act to court-appointed employees violates Section 2301(a)(2) of the Judicial Code, 42 Pa.C.S. § 2301(a)(2), and…”
Noble v. The Cnty. of Erie (W.D. Pa. 2024). “2d 362 (1974); 42 Pa. C.S. § 2301, and “[i]t is a power that ‘may not .”
Cranston v. Zepp, 18 Pa. D. & C.4th 384 (1993). “2d 362 (1974); see also 42 Pa.C.S. §2301. The authority to supervise and to discharge court-appointed employees is not only a necessary corollary to this appointment power but also is essential to the maintenance of an independent judiciary.”
— 42 Pa. Cons. Stat. § 2301(a)(1) — 2 cases
Court of Common Pleas of Erie Cnty. v. Pennsylvania Human Relations Comm'n, 653 A.2d 1312 (Pa. Commw. Ct. 1994). “Section 2301(a)(1) of the Judicial Code, 42 Pa.C.S. § 2301(a)(1), provides: Judges and district justice may appoint and fix the duties of necessary personal staff.”
Timbers v. Roberts, 654 A.2d 625 (Pa. Commw. Ct. 1995). “(2) By the Commonwealth government, including any officer thereof, acting in his official capacity, except eminent domain proceedings.” Id. . "Subject to any inconsistent general rules or statutory provisions each .”
— 42 Pa. Cons. Stat. § 2301(a)(2) — 2 cases
Commonwealth ex rel. Gallas v. Pennsylvania Labor Relations Bd., 636 A.2d 253 (Pa. Commw. Ct. 1993). “DOES APPLICATION OF THE ACT TO COURT-APPOINTED EMPLOYEES VIOLATE THE JUDICIAL CODE OR THE JUDICIAL CONDUCT CODE? The petitioners next contend that application of the Act to court-appointed employees violates Section 2301(a)(2) of the Judicial Code, 42 Pa.C.S. § 2301(a)(2), and…”
Com. Ex Rel. Gallas v. Plrb, 636 A.2d 253 (Pa. Commw. Ct. 1993). “DOES APPLICATION OF THE ACT TO COURT-APPOINTED EMPLOYEES VIOLATE THE JUDICIAL CODE OR THE JUDICIAL CONDUCT CODE? The petitioners next contend that application of the Act to court-appointed employees violates Section 2301(a)(2) of the Judicial Code, 42 Pa.C.S. § 2301(a)(2), and…”
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