Current through Register Vol. 54, No. 50, December 14, 2024
Section 201.4 - Office of the Clerk of the Court of Common Pleas generally(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.The provision of this § 201.4 adopted September 19, 1979, effective 9/29/1979, 9 Pa.B. 3304, amended February 8, 1980, effective 2/9/1980, 10 Pa.B. 644.