Buckley v. Holmes

Citations

• 259 Pa. 176
• 102 A. 497
• 1917 Pa. LEXIS 536

Syllabus

<p>Elections — Judges—Orphans’ Court -judges — Constitutional law —Constitution of Pennsylvania, Art. 7, Sec. SB; Art. 7111, Sec. £ — Constitutional Amendments of 1909, P. L. 91/8 — Time of election.</p> <p>1. An Orphans’ Court judge is not a judge of a designated judicial district of a state, but of the court of the county-in which he resides. If there be one of two, three or four counties, constituting a single judicial district, such judge is not a judge of that district with jurisdiction extending all over it, as in the case of each of the Common Pleas judges within it. His jurisdiction is limited to the county in which his court exists.</p> <p>2. The intent of the sixth constitutional amendment of 1909, (P. L. 948), was to eliminate the spring election and to continue the constitutional provisions for the election of local or municipal officers on a day different fronrthat on -which general State officers are-elected; judges of the -several judicial districts are State offleers .but the duties .which they perform are local and under the sixth amendment of 1909 they are in the class of officers to be electee! at the municipal elections.</p> <p>S. It is the- intent of such amendhlQnt that Orphans’ Court judges of the State are to be elected at the same time that elections are held for judges of the courts for the several judicial districts and for county, city, ward, borough and township officers for regular terms of service, and it is not material that they are not judges of the courts for the several judici.al districts or that there are no provisions in the Constitution, other than the sixth amendment of 1909 (P. L. 948), under which they can be elected.</p> <p>4. Under Section 25 of Article V, and Section 8 of Article IY of the Constitution, where a vacancy happens by reason of death in a court of record within three months prior to the next election for judges, the vacancy is to be filled by appointment by the governor until the first Monday of January next