Section 14301 - District attorney, qualifications, eligibility and compensation(a) Qualifications.--The district attorney must meet all of the following qualifications: (1) Be a resident of the county.(2) Be at least 25 years of age.(3) Be a citizen of the United States.(4) Have been admitted to practice as an attorney before the Supreme Court of Pennsylvania for at least one year before taking the oath of office and continually hold an active law license during the period when the individual is in office.(5) Have resided in the county for which the district attorney is elected or appointed for one year prior to the election or appointment.(b) Suspension and disbarment.--The following shall apply:(1) If a district attorney is disbarred, the office of the district attorney shall be vacant and shall be filled as follows: (i) Except for a county of the first or second class, as provided under section 14304 (relating to filling of vacancies).(ii) For a county of the second class, as provided under section 1404 of the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code.(iii) For a county of the first class, as provided under section 3 of the act of May 3, 1850 (P.L.654, No.385), entitled "An act providing for the election of district attorneys."(2) Notwithstanding any other law applicable to a class of county to the contrary, if a district attorney's law license is suspended, the office of district attorney shall not be vacant but the district attorney shall be suspended from the office until the law license of the district attorney is reinstated or the expiration of the term of the district attorney, whichever is sooner. The first assistant district attorney, if willing, qualified and able, shall act as the district attorney during the time period that the district attorney's law license is suspended. If the first assistant district attorney is unwilling, unqualified or unable to serve, the judges of the court of common pleas shall appoint a competent person who satisfies the requirements of this section to act as district attorney.(c) Eligibility.--A district attorney may not be eligible for a seat in the General Assembly or to any other office under the laws of this Commonwealth and the Constitution of Pennsylvania, except an office or commission under 51 Pa.C.S. (relating to military affairs) in the militia of the Commonwealth, the Pennsylvania Guard or the Pennsylvania National Guard, during the district attorney's continuance in office.(d)Counties of the eighth class.--In counties of the eighth class, the district attorney shall be a full-time position if any of the following apply: (1) The county commissioners have, by ordinance, fixed the services of the district attorney at full time. An ordinance under this paragraph may not be made between the first day for the circulation of nominating petitions for the office of district attorney and January 1 of the subsequent year.(2) The president judge of the county court of common pleas orders that the office of district attorney shall be full time. Upon motion of the district attorney, the president judge shall conduct a hearing and shall issue an order whether the office of district attorney shall be full time within 180 days of the filing of the motion. The order may be appealed by the district attorney or the county commissioners in accordance with the Pennsylvania Rules of Appellate Procedure. An order under this paragraph shall take effect 60 days after issuance. An order under this paragraph directing that the office of district attorney be full time shall be made if the president judge of the county court of common pleas finds that two or more of the following factors are present in the county: (i) The average caseload of felony, misdemeanor and juvenile cases for the past five years exceed 200 per year.(ii) The average caseload for homicide cases for the past five years equal or exceed one per year.(iii) The county has: (A) a State correctional facility, juvenile detention facility, youth development center, youth forestry camp, other licensed residential facility serving children and youth or mental health or intellectual and developmental disability facility or institution with a population exceeding 250 individuals; or(B) more than one facility or institution listed under clause (A) which have an aggregate population exceeding 250 individuals.(iv) A major controlled substances transportation route passes through the county.(v) The average number of convictions under 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) subject to the alcoholic ignition interlock statutory provision requirements exceeds 30 per year.(vi) The county constitutes a single and separate judicial district.(e) Change prohibited.--Once the office of district attorney becomes full time, the office may not be changed.(f) Compensation.--A full-time district attorney shall be compensated at $1,000 lower than the compensation paid to a judge of the court of common pleas in the respective judicial district.(g)Limitations.-- (1) In a county in which the office of district attorney is full time, the district attorney shall devote full time to the office.(2) A district attorney may not derive other income as a result of honorariums, profit shares or divisions of income from a firm with which the district attorney was associated prior to election of the district attorney. The limitation under this paragraph may not be construed to preclude payment of fees earned for legal work done prior to, but not concluded until after the district attorney is made full time, or until after being sworn in as a full-time district attorney, whichever is earlier.(3) The district attorney may not engage in private practice and must be completely disassociated with any firm with which the district attorney was affiliated prior to the earlier of being made full time or being sworn in as a fulltime district attorney. The district attorney-elect may not accept any civil or criminal cases after being elected to the office.(h)Outside practice.--A part-time district attorney may have an outside practice and shall be compensated at 40% of the annual salary payable to a judge of the court of common pleas of the judicial district of the county.(i) Full time.--Except as provided in subsection (d), an office of district attorney that was part time on January 2, 2012, shall become full time as of that date.(j)Professional conduct.-- (1) A district attorney shall be subject to the Rules of Professional Conduct and the canons of ethics as applied to judges in the courts of common pleas insofar as the canons apply to salaries, full-time duties and conflicts of interest.(2) A complaint by a resident of a county that a fulltime district attorney may be in violation of this section shall be made to the Disciplinary Board of the Supreme Court of Pennsylvania. If any substantive basis is found that a violation has been committed, the Disciplinary Board of the Supreme Court of Pennsylvania shall proceed in the manner prescribed by the rules of the Supreme Court of Pennsylvania and make a recommendation for disciplinary action as the Disciplinary Board of the Supreme Court of Pennsylvania deems advisable. If the Disciplinary Board of the Supreme Court of Pennsylvania deems the violation so grave as to warrant removal from office, the prothonotary of the Supreme Court of Pennsylvania shall transmit its findings to the Speaker of the House of Representatives for the action as the House of Representatives deems appropriate under Article VI of the Constitution of Pennsylvania.(k) Reimbursement.--The Commonwealth shall annually reimburse each county with a full-time district attorney an amount equal to 65% of the district attorney's salary.Added by P.L. (number not assigned at time of publication) 2024 No. 14,§ 4, eff. 7/8/2024.