42 Pa. C.S. § 3132

Current through P.A. Acts 2023-66
Section 3132 - Vacancies in office
(a) General ruleExcept 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 CourtA 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 vacanciesThe 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 termA 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).

42 Pa.C.S. § 3132

1976, July 9, P.L. 586, No. 142, § 2, effective 6/27/1978. As amended 1978, April 28, P.L. 202, No. 53, § 10(37), effective 6/27/1978; 1980, Oct. 5, P.L. 693, No. 142, § 209, effective in 60 days; 2004, Nov. 30, P.L. 1618, No. 207, § 14, effective 1/31/2005.