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FOR IMMEDIATE RELEASE |
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State
Rep. Thomas Caltagirone |
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House passes Caltagirone judicial bills
HARRISBURG, June 15 – The state House of Representatives today passed two bills authored by state Rep. Thomas Caltagirone, D-Berks, that would authorize retired judges to administer oaths and alleviate the number of costly court cases tried by the Court of Common Pleas.
Caltagirone, chairman of the House Judiciary Committee, said H.B. 2445 would permit retired or senior appellate, magisterial district, common pleas and Philadelphia municipal judges to administer oaths and affirmations as long as they served by election or appointment for a period of time equaling a full term of office and reside in Pennsylvania.
"Retired judges often mentor newly elected local government officials but under current law, they cannot formally administer the oath of office to those officials," Caltagirone said.
Judges would be ineligible to administer oaths if they no longer serve due to election or retention defeat; were convicted or pleaded no contest to a criminal charge; retired to avoid prosecution; or were removed from office by the Court of Judicial Discipline.
Caltagirone's H.B. 2172 would reduce the caseload of Commonwealth courts across the state by expanding the jurisdiction of local municipal courts from cases involving claims of up to $8,000 to those involving claims of up to $12,000.
Under the bill, both Philadelphia municipal courts and magisterial district judges would have jurisdiction over cases involving breach of contract (excluding real estate titles); trespass; and fines or penalties issued by any government agency.
Additionally, jurisdiction for magisterial district judges would be expanded to include summary offenses, landlord-tenant disputes, and DUI or DWIs.
In Philadelphia, a plaintiff who waives a portion of a claim that exceeds $12,000 would be able to bring their case before the municipal court. However, the court would not have jurisdiction over actions by or against the Commonwealth.
"Increasing the claim amount and expanding jurisdiction for certain types of court cases will help to reduce the number that spill over into the Court of Common Pleas," Caltagirone said. "This legislation will help to reduce the number of cases it sees and expedite the small claims procedure for many routine cases."
Both bills now move to the state Senate for consideration.
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