Commonwealth ex. rel. Riggins v. Superintendent of Philadelphia Prisons

In Commonwealth ex. rel. Riggins v. Superintendent of Philadelphia Prisons, 438 Pa. 160, 263 A.2d 754 (1970), a juvenile argued that by statute, only a judge assigned to the family division could hold a preliminary hearing on criminal charges. The juvenile argued that a judge designated to hold the preliminary hearing could not so sit because he was not a family division judge and because of the recent amendments to the Judiciary Article, Article 5, common pleas judges did not have the power to sit as a district justice. The recent amendment was to Article 5, Section 9, of the Pennsylvania Constitution, which provided that judges of the courts of common pleas "shall be . . . justices of the peace as to criminal matters." That provision was amended by Article 5, Section 5 of the constitutional amendments adopted in 1968, which provides that courts of common pleas have "unlimited original jurisdiction in all cases except as may otherwise be provided by law." Because this new provision did not specifically give common pleas judges the power to sit as district justices, which now carried out the functions of justices of the peace, the juvenile argued that they no longer sit as committing district justices. In rejecting those claims, our Supreme Court held that all judges have the inherent power to sit as a district justice and, even if a judge of family court could only hold a preliminary hearing, the then new Judiciary Code gave the president judge the power to assign any judge to any division of the court to sit as a committing district justice.