16 Pa.C.S. Ch. 143

in effect

16 Pa.C.S. § 14301 District attorney, qualifications, eligibility and compensation.

(a) Qualifications.--The district attorney must meet all of the following qualifications: (1) Be a resident of the county. (2) Be at least 25 years of age. (3) Be a citizen of the United States. (4) Have been admitted to practice as an attorney before the Supreme Court of Pennsylvania for at least one year before taking the oath of office and continually hold an active law license during the period when the individual is in office. (5) Have resided in the county for which the district attorney is elected or appointed for one year prior to the election or appointment. (b) Suspension and disbarment.--The following shall apply: (1) If a district attorney is disbarred, the office of the district attorney shall be vacant and shall be filled as follows: (i) Except for a county of the first or second class, as provided under section 14304 (relating to filling of vacancies). (ii) For a county of the second class, as provided under section 1404 of the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code. (iii) For a county of the first class, as provided under section 3 of the act of May 3, 1850 (P.L.654, No.385), entitled "An act providing for the election of district attorneys." (2) Notwithstanding any other law applicable to a class of county to the contrary, if a district attorney's law license is suspended, the office of district attorney shall not be vacant but the district attorney shall be suspended from the office until the law license of the district attorney is reinstated or the expiration of the term of the district attorney, whichever is sooner. The first assistant district attorney, if willing, qualified and able, shall act as the district attorney during the time period that the district attorney's law license is suspended. If the first assistant district attorney is unwilling, unqualified or unable to serve, the judges of the court of common pleas shall appoint a competent person who satisfies the requirements of this section to act as district attorney. (c) Eligibility.--A district attorney may not be eligible for a seat in the General Assembly or to any other office under the laws of this Commonwealth and the Constitution of Pennsylvania, except an office or commission under 51 Pa.C.S. (relating to military affairs) in the militia of the Commonwealth, the Pennsylvania Guard or the Pennsylvania National Guard, during the district attorney's continuance in office. (d) Counties of the eighth class.--In counties of the eighth class, the district attorney shall be a full-time position if any of the following apply: (1) The county commissioners have, by ordinance, fixed the services of the district attorney at full time. An ordinance under this paragraph may not be made between the first day for the circulation of nominating petitions for the office of district attorney and January 1 of the subsequent year. (2) The president judge of the county court of common pleas orders that the office of district attorney shall be full time. Upon motion of the district attorney, the president judge shall conduct a hearing and shall issue an order whether the office of district attorney shall be full time within 180 days of the filing of the motion. The order may be appealed by the district attorney or the county commissioners in accordance with the Pennsylvania Rules of Appellate Procedure. An order under this paragraph shall take effect 60 days after issuance. An order under this paragraph directing that the office of district attorney be full time shall be made if the president judge of the county court of common pleas finds that two or more of the following factors are present in the county: (i) The average caseload of felony, misdemeanor and juvenile cases for the past five years exceeds 200 per year. (ii) The average caseload for homicide cases for the past five years equals or exceeds one per year. (iii) The county has: (A) a State correctional facility, juvenile detention facility, youth development center, youth forestry camp, other licensed residential facility serving children and youth or mental health or intellectual and developmental disability facility or institution with a population exceeding 250 individuals; or (B) more than one facility or institution listed under clause (A) which have an aggregate population exceeding 250 individuals. (iv) A major controlled substances transportation route passes through the county. (v) The average number of convictions under 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) subject to the alcoholic ignition interlock statutory provision requirements exceeds 30 per year. (vi) The county constitutes a single and separate judicial district. (e) Change prohibited.--Once the office of district attorney becomes full time, the office may not be changed. (f) Compensation.--A full-time district attorney shall be compensated at $1,000 lower than the compensation paid to a judge of the court of common pleas in the respective judicial district. (g) Limitations.-- (1) In a county in which the office of district attorney is full time, the district attorney shall devote full time to the office. (2) A district attorney may not derive other income as a result of honorariums, profit shares or divisions of income from a firm with which the district attorney was associated prior to election of the district attorney. The limitation under this paragraph may not be construed to preclude payment of fees earned for legal work done prior to, but not concluded until after the district attorney is made full time, or until after being sworn in as a full-time district attorney, whichever is earlier. (3) The district attorney may not engage in private practice and must be completely disassociated with any firm with which the district attorney was affiliated prior to the earlier of being made full time or being sworn in as a full-time district attorney. The district attorney-elect may not accept any civil or criminal cases after being elected to the office. (h) Outside practice.--A part-time district attorney may have an outside practice and shall be compensated at 40% of the annual salary payable to a judge of the court of common pleas of the judicial district of the county. (i) Full time.--Except as provided in subsection (d), an office of district attorney that was part time on January 2, 2012, shall become full time as of that date. (j) Professional conduct.-- (1) A district attorney shall be subject to the Rules of Professional Conduct and the canons of ethics as applied to judges in the courts of common pleas insofar as the canons apply to salaries, full-time duties and conflicts of interest. (2) A complaint by a resident of a county that a full-time district attorney may be in violation of this section shall be made to the Disciplinary Board of the Supreme Court of Pennsylvania. If any substantive basis is found that a violation has been committed, the Disciplinary Board of the Supreme Court of Pennsylvania shall proceed in the manner prescribed by the rules of the Supreme Court of Pennsylvania and make a recommendation for disciplinary action as the Disciplinary Board of the Supreme Court of Pennsylvania deems advisable. If the Disciplinary Board of the Supreme Court of Pennsylvania deems the violation so grave as to warrant removal from office, the prothonotary of the Supreme Court of Pennsylvania shall transmit its findings to the Speaker of the House of Representatives for the action as the House of Representatives deems appropriate under Article VI of the Constitution of Pennsylvania. (k) Reimbursement.--The Commonwealth shall annually reimburse each county with a full-time district attorney an amount equal to 65% of the district attorney's salary. Cross References. Section 14301 is referred to in sections 102, 14304 of this title.

16 Pa.C.S. § 14302 Duties of district attorney and entry of nolle prosequi.

The district attorney shall sign each bill of indictment and conduct in court each criminal and other prosecution, in the name of the Commonwealth or, if the Commonwealth is a party, that arises in the county for which the district attorney is elected, and perform all the duties which, prior to May 3, 1850, were performed by deputy attorneys general. The duties conferred shall be in addition to all other duties given to the district attorney by other acts.

16 Pa.C.S. § 14303 Expenses incurred by district attorney.

All necessary expenses incurred by the district attorney or the district attorney's assistants or an officer directed by the district attorney in the investigation of crime and the apprehension and prosecution of persons charged with or suspected of the commission of crime, upon approval by the district attorney and the court, shall be paid by the county from the general funds of the county. If a defendant is convicted and sentenced to pay the costs of prosecution and trial, the expenses of the district attorney in connection with the prosecution shall be considered a part of the costs of the case and shall be paid by the defendant.

16 Pa.C.S. § 14304 Filling of vacancies.

If a vacancy occurs in the office of district attorney in a county of the second A, third, fourth, fifth, sixth, seventh or eighth class, the judges of the court of common pleas shall, upon a showing that the first assistant district attorney satisfies the requirements of section 14301 (relating to district attorney, qualifications, eligibility and compensation), appoint the first assistant district attorney to fill the office of district attorney and discharge the duties of the district attorney until the first Monday in January following the next municipal election occurring not less than 90 days after the occurrence of the vacancy. If the first assistant district attorney is unwilling or unable to serve or does not satisfy the requirements of section 14301, the judges of the court of common pleas shall fill the vacancy by the appointment of a competent individual who satisfies the requirements of section 14301 to fill the office until the first Monday in January following the next municipal election occurring not less than 90 days after the occurrence of the vacancy. Cross References. Section 14304 is referred to in section 14301 of this title.

16 Pa.C.S. § 14305 Misconduct of district attorney.

(a) Offense defined.--If a district attorney willfully and corruptly demands, takes or receives a fee or reward other than as prescribed by law for official duties executed by the district attorney in a criminal proceeding or if the district attorney commits willful and gross negligence in the execution of the duties of the office, the district attorney commits a misdemeanor in office and, upon conviction, shall be sentenced to pay a fine not exceeding $1,000 and to undergo imprisonment not exceeding one year. (a.1) Declaration of vacancy.--If a district attorney is found guilty under subsection (a), the office of the district attorney shall be declared vacant. (b) Notice and probable cause.-- (1) Upon complaint in writing charging a district attorney with willful and gross negligence in the execution of the duties of the office, the court shall provide notice of the complaint to the district attorney and of the time fixed by the court for a hearing. (2) A complaint under paragraph (1) shall be: (i) filed in the court of common pleas of the county in which the district attorney prosecutes the pleas of the Commonwealth; and (ii) verified by oath or affirmation of the person in whose name the complaint has been filed. (3) If after the hearing the court finds that there is probable cause for the complaint, the court shall hand over or commit the district attorney to answer the complaint in due course of law. If the court finds that there is no probable cause for the complaint, the court shall dismiss the complaint with reasonable costs to be assessed by the court.

16 Pa.C.S. § 14306 District attorney charged with crime.

If a district attorney is charged with a crime or misdemeanor, before or bound over or committed by a court to answer for willful and gross negligence in the execution of the duties of the office, the court shall appoint a competent attorney to prepare an indictment against the district attorney and to prosecute the district attorney on behalf of the Commonwealth until final judgment. The attorney shall be paid by the county for services a reasonable compensation to be fixed by the court. If the district attorney is convicted of a crime for which that individual may be sentenced to imprisonment by separate or solitary confinement at labor, the office shall be declared vacant by the court.

16 Pa.C.S. § 14307 Legal resources for district attorney.

The county commissioners may purchase, for the use of the office of the district attorney, out of the funds of the county, law books and other legal research resources as may be selected by the district attorney and, in counties of the third, fourth, fifth, sixth, seventh and eighth classes, as approved by the president judge of the court.

16 Pa.C.S. § 14308 Police radio in counties of the third class.

The district attorney of a county of the third class may, with the consent and approval of the county commissioners and at the expense of the county, purchase and maintain a short wave police radio receiving and transmitting set and the necessary accessory equipment, to be installed and used in the office of the district attorney.

16 Pa.C.S. § 14309 Prosecution by private counsel.

If a district attorney neglects or refuses to prosecute in due form of law a criminal charge regularly returned to the district attorney or to the court or if at any stage of the proceedings the district attorney and the private counsel employed by the prosecutor differ as to the manner of conducting the trial, the prosecutor may present a petition to the court, specifying the character of the complaint, and verify the petition by affidavit. If the court is of the opinion that it is a proper case for a criminal proceeding or prosecution, the court may direct a private counsel employed by the prosecutor to conduct the entire proceeding and, if an indictment is necessary, to verify the indictment by the private counsel's own signature as fully as the indictment could be done by the district attorney.

16 Pa.C.S. § 14320 Assistant district attorneys.

(a) Appointment of assistants.--The district attorney may appoint assistants who are licensed to practice law in this Commonwealth to assist in the discharge of the district attorney's duties. The number of assistants and salary shall be fixed by the county salary board. (b) Appointment of temporary assistants in certain counties.--In counties of the third, fourth, fifth, sixth, seventh and eighth class, the district attorney may appoint temporary assistants who are licensed to practice law in this Commonwealth to assist in the discharge of duties, as provided by contract or other personnel agreement with the county or the district attorney. An attorney at law, including a deputy Attorney General or an attorney employed by the Commonwealth, may be appointed under this subsection. (c) Violation and remedy.-- (1) In counties of the third, fourth, fifth, sixth, seventh and eighth class, an allegation of a violation of this section must be timely raised prior to the participation of the prosecutor accused of the violation. (2) The exclusive remedy for a violation of this section shall be removal by quo warranto of the prosecutor from the appointment that is in violation of this section. (d) Applicability.--Subsections (b) and (c) shall apply to all cases pending on June 18, 1998, and each case thereafter, including cases on posttrial or on appeal.

16 Pa.C.S. § 14321 Designation, powers and duties of first assistant.

The following shall apply: (1) If more than one assistant district attorney is appointed, the district attorney shall designate one assistant as the first assistant. (2) The first assistant or the assistant district attorney if only one is appointed shall, in the absence of the district attorney from the jurisdiction or during the district attorney's inability to perform the duties of the office through sickness or other cause, be vested with all the duties, powers and privileges given by law to the district attorney and generally shall be empowered to do and perform all things in connection with the office that the district attorney is authorized to do or perform. (3) In case of an incapacity of the district attorney or the first assistant, or both, a duty, power or privilege may be exercised by other assistant district attorneys, if any, as may be designated by the district attorney.

16 Pa.C.S. § 14324 Temporary court appointment in counties of the third, fourth, fifth, sixth, seventh and eighth class.

The court of common pleas of a county of the third, fourth, fifth, sixth, seventh or eighth class shall temporarily appoint a district attorney if the district attorney and the assistants are absent from the court. An individual appointed under this section shall perform the duties of the office until the regular district attorney or one of the assistants appears in person to perform the duties and shall be paid by the county as may be fixed by the court.

16 Pa.C.S. § 14325 Indictment and cost clerk in counties of the fourth class.

The district attorney of a county of the fourth class, in addition to other assistants authorized in this subchapter, may appoint an assistant who is licensed to practice law in this Commonwealth as an indictment and cost clerk to assist the district attorney in the discharge of the district attorney's duties.

16 Pa.C.S. § 14326 Stenographers and clerks.

The salary board in a county may provide for the appointment by the district attorney of clerks and stenographers in the district attorney's office as may be deemed necessary for the proper dispatch of business.

16 Pa.C.S. § 14340 Appointment, duties and compensation of county detectives.

(a) Counties of second class A, third and fourth class.-- (1) In counties of the second class A, the district attorney may appoint one chief county detective, an assistant chief county detective and as many county detectives, sergeants, special county detectives and junior county detectives as the county salary board shall fix. (2) In counties of the third and fourth classes, the district attorney may appoint one chief county detective, one assistant county detective and other county detectives as the county salary board may authorize. (b) Counties of fifth, sixth, seventh and eighth class.--In counties of the fifth, sixth, seventh and eighth class, the district attorney may appoint one chief county detective and other county detectives as the county salary board may authorize. (c) Duties.--County detectives are subject to the orders of the district attorney and shall: (1) Investigate and make reports to the district attorney as to the conduct in office of magistrates, constables, deputy constables and other officers connected with the administration of criminal law. (2) Make investigations and endeavor to obtain evidence required by the district attorney in criminal cases. (3) Perform other duties as the district attorney may direct. (d) Powers.-- (1) County detectives shall be general police officers and shall have the powers conferred on constables by the laws of this Commonwealth relating to criminal law and procedures. (2) In counties of the second class A, county detectives shall serve subpoenas in cases in which the Commonwealth is a party in a court of record. (e) Fees and compensation.-- (1) In counties of the second class A, county detectives of every grade and rank may not be entitled to receive fees but shall receive a salary as fixed by the county salary board and necessary travel expenses. Upon verification by affidavit of a detective and approval by the district attorney, the salary and expenses of the detective shall be paid out of the treasury of the county on a certificate issued by the district attorney directed to the controller of the county, who shall order warrants for the amounts according to law. (2) In counties of the third, fourth, fifth, sixth, seventh and eighth class, county detectives of every grade and rank, in addition to an annual salary, shall be allowed all expenses actually and necessarily incurred in the performance of the duties. The salaries and expenses shall be paid by the county as provided by law. County detectives shall not be entitled to fees.

16 Pa.C.S. § 14341 Appointment of special detective with approval of court.

If the court of common pleas and district attorney deem it necessary for a particular and temporary assignment, the district attorney of a county, with the approval of the county salary board, may appoint a special detective, whose duty it shall be to assist in obtaining evidence as directed by the district attorney for the Commonwealth and to perform other duties as the court may direct. The special detective shall be: (1) Allowed expenses necessarily and actually incurred in the performance of duties. (2) A general police officer and have all the powers that are conferred on constables under the existing laws of this Commonwealth relating to crimes or criminal procedure.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=16Fetched: 10/16/2026