Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General rule. Except as
provided in subsection (b) of this section the functions of the Office of the
Clerk of the Court of Common Pleas are performed by the county officers and
other personnel specified in 42 Pa.C.S. Ch. 27 (relating to Office of the Clerk
of the Court of Common Pleas).
(b)
Home rule counties. As provided by
42 Pa.C.S. §
2701(b) (relating to scope
and purpose of chapter), a county home rule charter may supersede the
provisions of 42 Pa.C.S. Ch. 27. The following unofficial summary of local law
is provided for the general information of the public and system and related
personnel, and shall not be construed as an authoritative interpretation of any
provision of law:
(1)
Delaware
County. Section 801 of the charter provides that the elected Register
of Wills shall be the Clerk of the Orphans' Court Division, and section 802
provides for the appointment by the Register, subject to the budgetary approval
of the County Council, of a deputy or deputies and such other assistants as may
be required. All other functions of the Office of the Clerk of the Court of
Common Pleas are vested in an Office of Judicial Support, which the County
Council is required by section 425 of the charter to establish by combining the
offices of the Clerk of the Courts and Prothonotary. Section 1213 of the
charter provides that the separate office of Clerk of the Courts was abolished
on the first Monday of January 1978 and that the separate office of
Prothonotary shall be abolished effective the first Monday of January 1980. The
Office of Judicial Support is headed by a Director, and its operations are
governed by section
10.16 of the County
Administrative Code. Section 422 of the charter provides in effect that the
County Solicitor and Assistant Solicitors shall provide legal advice and
assistance to the Office of Judicial Support.
(2)
Erie County. Section 1
of Article IV of the charter provides for an elected Clerk of Records, who has
and exercises all powers and duties conferred by law upon the Prothonotary, the
Clerk of the Courts and the Clerk of the Orphans' Court Division (and also the
Recorder of Deeds) and any additional duties and powers conferred by the County
Council. Article II, section 3B, of the County Administrative Code prescribes
the organization of the Office of the Clerk of Records and establishes four
divisions: Prothonotary (Civil), Clerk of Courts (Criminal), Recorder of Deeds
and Register of Wills and Clerk of Orphans' Court. Section 3 of Article V of
the charter provides that the County Solicitor is the chief legal officer and
attorney for the County government and that no other legal counsel may be
employed without the approval of the County Council. Section 4 of Article VII
of the charter provides that the Clerk of Records may hire the employes of the
Department of Records, but only from lists of eligibles certified by the
Director of Personnel.
(3)
Lackawanna County. Article X of the charter provides that an
elected Register of Wills shall exercise the powers granted by law to registers
of wills in counties of its class. Section 1302(a) of The County Code
(16
P. S. §
1302(a)) provides in
effect that in counties of such class the offices of Register of Wills and
Clerk of the Orphans' Court Division are combined. Article VIII of the charter
provides for an elected Clerk of Judicial Records, who has all powers,
functions and duties previously assigned by law to the office of Prothonotary
and office of Clerk of the Courts. Section
2.16 of the County Administrative
Code sets forth the structure, organization, manner and operational procedures
whereby the office of the Clerk of Judicial Records operates and
functions.
(4)
Lehigh
County. Section 501(a) of the charter, as amended, provides that the
judicial power in Lehigh County is vested in the Court of Common Pleas of the
31st Judicial District of the Commonwealth of Pennsylvania, presently composed
of Lehigh County, and the district justices in such district, all of which, the
charter provides, are part of the Unified Judicial System of the Commonwealth
of Pennsylvania and not a part of the County government, and such courts and
other judicial officers as may be established by law. Section 501(c) of the
charter provides for the appointment by the Court of Common Pleas en
banc of a Clerk of the Orphans' Court Division who has and exercises
the powers and duties conferred by law on the Clerks of the Orphans' Court
Division by applicable law. Section 508 of the charter provides for an elected
Clerk of Courts who, on and after the first Monday of January 1980, shall have
and exercise all powers and duties conferred by law upon the Prothonotary and
the Clerk of the Courts.
(5)
Northampton County. Article I of the charter provides for an
elected County Executive. Section 1303 of the charter abolished the offices of
Prothonotary (and Recorder of Deeds) and, effective the first Monday of January
1980, Clerk of the Courts and Clerk of the Orphans' Court Division. Section
1304(b)(2) of the charter transfers the duties, functions and powers of such
offices to the County Executive or to his subordinate as provided by law.
Article V of the County Administrative Code provides for the establishment of a
Department of Court Services, headed by a Director of Court Services who is
responsible to the County Executive. The Department of Court Services is
organized into the following divisions: Clerk of Courtsz, Criminal Division,
Clerk of Courts, Civil Division (Prothonotary), Recorder of Deeds, Register of
Wills and Clerk of Courts, Orphans' Court Division.