SUBCHAPTER B
TEMPORARY ASSIGNMENT OF JUDGES AND
MAGISTERIAL DISTRICT JUDGES
Sec.
4121. Assignment of judges.
4122. Assignment of magisterial district judges.
4123. Assignment procedure.
4124. Assignment of senior Philadelphia Municipal Court judges.
Subchapter Heading. The heading of Subchapter B was amended November 30, 2004, P.L.1618, No.207, effective
in 60 days.
§ 4121. Assignment of judges.
(a) General rule.--Subject to general rules any judge may be temporarily assigned to another court and
may there hear and determine any matter with like effect as if duly commissioned to
sit in such other court.
(b) Senior judges.--A senior judge may, with his consent, be assigned on temporary judicial service pursuant
to subsection (a).
(c) Exception.--Only a judge who is a member of the bar of this Commonwealth shall be temporarily
assigned to a court to which only members of the bar of this Commonwealth may be appointed
or elected pursuant to section 3101 (relating to qualifications of judicial officers
generally). A judge of the Pittsburgh Magistrates Court or the Traffic Court of Philadelphia
may be temporarily assigned to a magisterial district with the same effect as an assignment
pursuant to section 4122 (relating to assignment of magisterial district judges).
(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. (c). See section 29 of Act 207 in the appendix to this title
for special provisions relating to construction of law.
1980 Amendment. Act 142 amended subsec. (b).
Philadelphia Municipal Court. Section 9(b) of Act 142 of 1976 provided that the President Judge of the Court of
Common Pleas of Philadelphia County may assign temporarily judges of the Philadelphia
Municipal Court to the Court of Common Pleas of Philadelphia County when required
to expedite the business of the court.
References in Text. The Traffic Court of Philadelphia, referred to in subsec. (c), was abolished by Joint
Resolution No.2 of 2016.
Cross References. Section 4121 is referred to in sections 102, 564 of this title.
Notes of Decisions
Dougherty, J., Aplt. v. Heller, K., 138 A.3d 611 (Pa. 2016).
· cites it 2× “" 42 Pa.C.S. §4121(a). This general authority has particular application when, "by reason of vacancy, illness, disqualification or otherwise[,] it is impossible to assemble a quorum of a court.”
In Re: Return of Seized Prop. of Lackawanna Cty, 212 A.3d 1 (Pa. 2019).
· cites it 2× “” 42 Pa.C.S. §4121(a). These examples serve to highlight that there are multiple ways in which an issuing authority may come to be “within the judicial district” for purposes of Rule 200.”
Driscoll v. Corbett, 69 A.3d 197 (Pa. 2013).
“After retirement, former jurists may, if they choose — and subject to necessity and approval, see Pa.”
Barbieri v. Shoyer, 478 A.2d 149 (Pa. Commw. Ct. 1984).
· cites it 2× “Each of them has been periodically appointed as a senior judge by the Chief Justice of the Supreme Court of Pennsylvania pursuant to Section 4121(b) of the Judicial Code, 42 Pa. C. S. §4121(b). Their compensation for serving as senior judges was set at $175.”
Crumlish v. Davis, 449 A.2d 1379 (Pa. 1982).
“” See also 42 Pa. C.S. §§ 4121(a), 4123.”
Slaughter v. Commonwealth, Dep't of Transp., 819 A.2d 1209 (Pa. Commw. Ct. 2003).
“” 42 Pa.C.S. § 4121(a). . Article V, Section 16(b) of the Pennsylvania Constitution provides that judges shall be retired upon reaching the age of seventy years.”
— 42 Pa. Cons. Stat. § 4121(a) — 5 cases
Dougherty, J., Aplt. v. Heller, K., 138 A.3d 611 (Pa. 2016).
“" 42 Pa.C.S. §4121(a). This general authority has particular application when, "by reason of vacancy, illness, disqualification or otherwise[,] it is impossible to assemble a quorum of a court.”
In Re: Return of Seized Prop. of Lackawanna Cty, 212 A.3d 1 (Pa. 2019).
“” 42 Pa.C.S. §4121(a). These examples serve to highlight that there are multiple ways in which an issuing authority may come to be “within the judicial district” for purposes of Rule 200.”
Crumlish v. Davis, 449 A.2d 1379 (Pa. 1982).
“” See also 42 Pa. C.S. §§ 4121(a), 4123.”
Slaughter v. Commonwealth, Dep't of Transp., 819 A.2d 1209 (Pa. Commw. Ct. 2003).
“” 42 Pa.C.S. § 4121(a). . Article V, Section 16(b) of the Pennsylvania Constitution provides that judges shall be retired upon reaching the age of seventy years.”
— 42 Pa. Cons. Stat. § 4121(b) — 2 cases
Barbieri v. Shoyer, 478 A.2d 149 (Pa. Commw. Ct. 1984).
“Each of them has been periodically appointed as a senior judge by the Chief Justice of the Supreme Court of Pennsylvania pursuant to Section 4121(b) of the Judicial Code, 42 Pa. C. S. §4121(b). Their compensation for serving as senior judges was set at $175.”
— 42 Pa. Cons. Stat. § 4121(c) — 1 case
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