Pennsylvania § 3132 Vacancies in office

Pennsylvania Statutes

§ 3132 — Vacancies in office

Pennsylvania § 3132

JurisdictionPennsylvania

Title 42JUDICIARY AND JUDICIAL PROCEDURE

PartPART III

Ch. 31SELECTION AND RETENTION OF JUDICIAL OFFICERS

Subch.SELECTION OF JUDICIAL OFFICERS

This text of Pennsylvania § 3132 (Vacancies in office) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

42 Pa. Cons. Stat. § 3132 (2026).

Text

(a)General rule.--Except 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 Court.--A 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 vacan

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(a) General rule.--Except 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 Court.--A 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 vacancies.--The 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 term.--A 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).

Legislative History

(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. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Cross References.Section 3132 is referred to in sections 3131, 3153 of this title.