NCJ Number
58505
Date Published
1978
Length
10 pages
Annotation
PROBLEMS AND RECOMMENDATIONS RELATIVE TO THE UNIFIED JUDICIAL SYSTEM WHICH NOW INCLUDES JUSTICES OF THE PEACE IN PENNSYLVANIA ARE PRESENTED; FURTHER CHANGES IN THE DISTRICT COURT SYSTEM ARE SUGGESTED.
Abstract
THE TERMS 'DISTRICT JUSTICE' AND 'DISTRICT COURT' DEVELOPED AS A RESULT OF THE ENABLING LEGISLATION AUTHORIZED BY CONSTITUTIONAL CHANGES IN 1968. PRIOR TO THESE CHANGES, THERE WERE OVER 5,000 JUSTICES OF THE PEACE IN PENNSYLVANIA; NOW THERE ARE APPROXIMATELY 500. DESPITE THE SOUND MOVE OF REORGANIZATION, THE DISTRICT COURT STILL REMAINS A QUASI-INDEPENDENT ENTITY, ONLY LOOSELY SUPERVISED AND SUPPORTED BY THE COUNTY COURT. IT IS THEREFORE RECOMMENDED THAT LEGISLATION BE ENACTED TO PROVIDE FOR STATEWIDE MINIMUM STANDARDS FOR OFFICE FACILITIES, FOR ADMINISTRATIVE SUPPLIES, AND FOR DISTRICT COURT LIBRARIES AND PUBLICATIONS. IN ADDITION, TAX AUDITS SHOULD BE CONSOLIDATED. BECAUSE OF THE LARGE VOLUME OF MINOR OFFENSES, IT IS RECOMMENDED THAT LESSER CRIMES BE DIVERTED FROM THE COMMON PLEAS COURTS TO THE DISTRICT COURTS, THIS COULD BE EFFECTED BY EITHER ENLARGING THE JUSTICES' CRIMINAL JURISDICTIONS, REDUCING SOME CRIMES TO SUMMARY LEVEL, OR ADOPTING A FORM OF DUAL JURISDICTION TO PERMIT ELECTION OF TRIAL IN THE DISTRICT COURTS. CASE LOADS WOULD NOT BE INCREASED SINCE THE DISTRICT COURTS ARE ALREADY CONDUCTING PRELIMINARY HEARINGS FOR OFFENSES BEYOND THEIR PRESENT SUMMARY JURISDICTION. IT IS ALSO SUGGESTED THAT THE SYSTEM OF PRELIMINARY ARRAIGNMENT BE ALTERED TO PERMIT THE ARRESTING OFFICER A WIDER AUTHORITY IN RELEASING DEFENDANTS UPON THEIR OWN RECOGNIZANCES, AS IT IS DONE IN GREAT BRITAIN. PRELIMINARY HEARINGS IN MISDEMEANOR CASES COULD BE SIMILARLY MODIFIED. FINALLY, JUST AS MINOR MISDEMEANORS SHOULD BE REMOVED FROM THE COURTS OF COMMON PLEAS, NONCRIMINAL PARKING ABUSES SHOULD ALSO BE TAKEN FROM THE MAGISTERIAL COURTS. ENFORCEMENT COULD BE EFFECTED BY PERMITTING THE LOCAL MUNICIPALITIES TO ISSUE AND ENFORCE PARKING TICKETS, WITH MORE SERIOUS OFFENDERS BEING PROSECUTED AS CRIMINALS IN THE DISTRICT COURTS. FOOTNOTES INCLUDED. (LWM)