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Special Courts form the foundation level of the Unified Judicial System created
under Article V of the Constitution of 1968. For many Pennsylvanians, these
are both the first, and often the only, courts they will ever enter. The Special
Courts include District Courts, Philadelphia Municipal Court, Philadelphia Traffic
Court and the Pittsburgh Magistrates Court. The Magisterial District Justice
Courts operate in all counties except Philadelphia and have the authority to
issue warrants, hold preliminary arrainments and preliminary hearings in criminal
cases, fix and accept bail except in cases involving murder or voluntary manslaughter,
adjudicate summary criminal cases, adjudicate landlord-tenant matters and other
civil actions in which the amount claimed does not exceed $4,000, and accept
guilty pleas to misdemeanors of the third degree in certain circumstances. Magisterial
District Justices are elected to their office and not required to be lawyers
but they must complete an educational course and pass a qualifying examination
before they can take office. They must also complete one week of continuing
education each year in a program administored by the Minor Judiciary Board.
The Philadelphia Municipal Court has jurisdiction over all criminal offenses
(except summary traffic offenses) that are punishable by a term of imprisonment
not exceeding 5 years and in civil actions where the amount claimed does not
exceed $5,000. The Philadelphia Traffic Court has jurisdiction over all summary
offenses under the Pennsylvania Motor Vehicle Code as well as related Philadelphia
city ordinances. The Pittsburgh Magistrates Court is Pennsylvania's only non-elective
Special Court, and serves all of Allegheny County. It issues arrest warrants,
presides at arraignments and preliminary hearings for criminal offenses occurring
in the city of Pittsburgh, presides over criminal casesbrought by Pittsburgh
police for violations of city ordinances and other specified offenses, and handles
all summary offenses under the Pennsylvania Motor Vehicle Code and any related
city ordinances.
The Special Courts hold no jury trials. In summary cases, the Magisterial District
Justice hears the case and reaches a decision on its merits. In misdemeanor
and felony cases, the Magisterial District Justice first holds a preliminary
arraignment at which charges are formally brought. Following the preliminary
arraignment the Magisterial District Justice also holds a preliminary hearing,
unless that hearing has been waived by the defendant to Common Pleas Court,
the next level in the judicial pyramid. During the preliminary hearing the Magisterial
District Justice determines whether sufficient evidence exists for the case
to be tried ub Common Pleas Court. At some point in this process the Magisterial
District Justice will also hold a bail hearing to determine what security is
appropriate to ensure the defendant's appearance at later court proceedings.
Appeals by Special Court judges may also be taken to Common Pleas Court where
the case is heard de novo, or as if it were new. The Common Pleas Courts
are Pennsylvania's courts of general trial jurisdiction. They have original
jurisdiction over all cases not exclusively assigned to another court and appellate
jurisdiction over judgments from the Special Courts. They also hear appeals
from certain state and local government agencies.
Last processing update: 5/26/2011, acc. #3356
| PA State Archives | Hours, Directions, & Fees | Research Topics | Finding Aids for Collections | Land Records |