Section 1401 - District Attorney; Qualifications; Eligibility; Compensation(a) The district attorney shall be a resident of the county, at least twenty-five years of age, and a citizen of the United States, shall have been admitted to practice as an attorney before the Supreme Court of this Commonwealth for at least one year prior to taking the oath of office and shall continually hold an active law license during the period when the individual is in office and shall have resided in the county for which the district attorney is elected or appointed for one year next preceding election or appointment.(b) The following shall apply:(1) If a district attorney is disbarred, the office of district attorney shall be vacant and shall be filled as provided under section 1404 or, for a county of the second class, under section 1404 of the act of July 28, 1953 (P.L. 723, No. 230), known as the Second Class County Code or, for a county of the first class, 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 law applicable to any class or classes 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. 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) to (e) Deleted by 2005, July 14, P.L. 312, No. 57, § 2, imd. effective.(f) No district attorney shall be eligible for a seat in the Legislature or to any other office under the laws and Constitution of the Commonwealth, excepting an office or commission, pursuant to 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.(g) In counties of the eighth class, the district attorney shall be full time where any of the following apply: (1) The commissioners of the county have by ordinance fixed the services of the district attorney at full time. An ordinance under this clause 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 rules of appellate procedure. An order under this clause shall take effect in 60 days. An order under this clause directing that the office of district attorney be full time shall be made if the president judge 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 has exceeded two hundred per year;(ii) the average caseload for homicide cases for the past five years has equaled or exceeded one per year;(iii) the county has any State correctional facility, juvenile detention facility, youth development center, youth forestry camp, other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution, with a population exceeding two hundred fifty, or if the county has more than one such facility or institution, the aggregate population of such facilities and institutions exceeds two hundred fifty;(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) or the former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance) subject to the alcoholic ignition interlock statutory provision requirements exceeds thirty per year; or(vi) the county constitutes a single and separate judicial district.(h) Deleted by 2018, Oct. 24, P.L. 931, No. 154, § 27, effective in 60 days [Dec. 24, 2018].(i) Once the office of district attorney becomes full time, it shall not thereafter be changed.(j) A full-time district attorney shall be compensated at one thousand dollars ($1,000) lower than the compensation paid to a judge of the court of common pleas in the respective judicial district.(k) In a county where the office of district attorney is full time, the district attorney shall devote full time to the office. The district attorney while in office, shall not derive any other income as a result of honorariums, profit shares or divisions of income from any firm with which the district attorney was associated prior to election. This limitation shall not be construed, however, to preclude payment of fees earned for legal work done prior to, but not concluded until after the earlier of his being made full time or being sworn in as a full-time district attorney. In addition the district attorney shall not engage in any 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 full-time district attorney. The district attorney-elect may not accept any civil or criminal cases after being elected to the office.(l) A part-time district attorney may have an outside practice and shall be compensated at forty per cent of the annual salary payable to the judge of the court of common pleas of the judicial district of the county.(m) Except as provided in subsection (g), any office of district attorney that is part time on January 2, 2012, shall become full time as of that date.(n) Deleted by 2018, Oct. 24, P.L. 931, No. 154, § 27, effective in 60 days [Dec. 24, 2018].(o) 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 of this Commonwealth insofar as such canons apply to salaries, full-time duties and conflicts of interest. Any complaint by a citizen of the county that a full-time 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, the board shall proceed forthwith in the manner prescribed by the rules of the Supreme Court and make such recommendation for disciplinary action as it deems advisable, provided, however, that if the Supreme Court deems the violation so grave as to warrant removal from office, the prothonotary of the Supreme Court shall transmit its findings to the Speaker of the House of Representatives for such action as the House of Representatives deems appropriate under Article VI of the Constitution of Pennsylvania.(p) The Commonwealth shall annually reimburse each county with a full-time district attorney an amount equal to sixty-five per cent of the district attorney's salary.Amended byP.L.4402021 No. 88, § 1,eff.11/17/2021Amended by P.L. TBD 2018 No. 154, § 27, eff. 12/24/2018.1955, Aug. 9, P.L. 323, § 1401. Amended 1963, July 10, P.L. 232, § 2; 1972, June 16, P.L. 468, No. 149, § 3; 1976, June 24, P.L. 443, No. 107, § 2, imd. effective; 1985, Nov. 6, P.L. 309, No. 77, § 1, effective in 60 days; 1990, May 4, P.L. 167, No. 39, § 1, effective in 60 days; 1994, Nov. 23, P.L. 640, No. 98, § 3, imd. effective; 2005, July 14, P.L. 312, No. 57, § 2.