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LOUIS I. QUAIL v. COMMONWEALTH PENNSYLVANIA (02/20/74)

decided: February 20, 1974.

LOUIS I. QUAIL, PLAINTIFF,
v.
COMMONWEALTH OF PENNSYLVANIA, GRACE M. SLOAN, STATE TREASURER, AND A. EVANS KEPHART, COURT ADMINISTRATOR, DEFENDANTS



Original jurisdiction in case of Louis I. Quail v. Grace M. Sloan, State Treasurer of the Commonwealth of Pennsylvania, and A. Evans Kephart, Court Administrator of Pennsylvania.

COUNSEL

Charles C. Keller, with him Peacock, Keller, Yohe & Day, for plaintiff.

Melvin R. Shuster, Deputy Attorney General, with him Israel Packel, Attorney General, for defendants.

Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. President Judge Bowman did not participate. Opinion by Judge Mencer.

Author: Mencer

[ 12 Pa. Commw. Page 344]

Plaintiff, Louis I. Quail, the duly elected district justice of Magisterial District 27-3-04, situate in Washington

[ 12 Pa. Commw. Page 345]

County, brings this action in mandamus against the State Treasurer and the State Court Administrator to compel the payment to him of additional salary for services performed in Magisterial District 27-3-03.

Article V, Section 1 of the Constitution of Pennsylvania provides for a "unified judicial system" in which "[a]ll courts and justices of the peace and their jurisdiction shall be . . . [included]." Article V, Section 7(a) of the Constitution directs that "there shall be one justice of the peace in each magisterial district."

Article V, Section 10 of the Constitution provides in pertinent part: "(a) The Supreme Court shall exercise general supervisory and administrative authority over all the courts and justices of the peace, including authority to temporarily assign judges and justices of the peace from one court or district to another as it deems appropriate."

Article V, Section 7 directs: "(b) . . . The number and boundaries of magisterial districts of each class within each judicial district shall be established by the Supreme Court or by the courts of common pleas under the direction of the Supreme Court as required for the efficient administration of justice within each magisterial district."

Rules 152 and 153 of the Rules of Criminal Procedure adopted by the Supreme Court of Pennsylvania read as follows:

Rule 152. "The President Judge of a judicial district may assign temporarily the issuing authority of any magisterial district to serve another magisterial district whenever such assignment is required for the efficient administration of justice. Whenever a temporary assignment is made under this Rule, notice of such assignment shall be filed with the Clerk of the ...


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