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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 3132 (2026)

  Vacancies in office.

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§ 3132.  Vacancies in office.

(a)  General rule.--Except as provided in subsection (b), a vacancy in the office of judge or magisterial district judge shall be filled by appointment by the Governor. The appointment shall be with the advice and consent of two-thirds of the members elected to the Senate, except in the case of magisterial district judges which shall be by a majority. The person so appointed shall serve for a term ending on the first Monday of January following the next municipal election more than ten months after the vacancy occurs or for the remainder of the unexpired term whichever is less.

(b)  Pittsburgh Magistrates Court.--A vacancy in the office of judge of the Pittsburgh Magistrates Court shall be filled as provided in section 3131(d) (relating to Pittsburgh Magistrates Court).

(c)  Retention vacancies.--The provisions of subsection (a) shall not apply to a vacancy to be filled by retention election as provided in section 3131(b) (relating to retention election after transfer or appointment) or section 3153 (relating to retention elections after regular term) or to a vacancy created by failure of a judge to file a declaration for retention election as provided in section 3131(b) or section 3153.

(d)  Vacancies following appointive term.--A vacancy occurring at the expiration of an appointive term under subsection (a) shall be filled by election as provided in section 3131 (relating to selection of judicial officers for regular terms).

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

 

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

Cross References.  Section 3132 is referred to in sections 3131, 3153 of this title.

Notes of Decisions
Cited in 2 cases, 1991–2000 · leading case: Melvin v. Doe, 48 Pa. D. & C.4th 566 (Pa. Ct. Com. Pl. 2000).
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Melvin v. Doe, 48 Pa. D. & C.4th 566 (Pa. Ct. Com. Pl. 2000). “Vacancies in the office of judge are governed by Article 5, Section 13 of the Pennsylvania Constitution and 42 Pa.C.S. §3132 which provide that a judicial vacancy shall be filled by appointment by the *570 governor and that the appointment shall be with the advice and consent of…”
Sabo v. Casey, 757 F. Supp. 587 (E.D. Pa. 1991). “42 Pa.C.S. § 3132. Any judicial office previously held by a judge or justice who has attained seventy years of age has been considered to be a vacancy to be filled pursuant to this gubernatorial appointment power.”
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