§ 14305. Misconduct of district attorney.

277 words·~1 min read·/pa/title-16/chapter-143/14305

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(a)Offense defined.-- If a district attorney willfully and corruptly demands, takes or receives a fee or reward other than as prescribed by law for official duties executed by the district attorney in a criminal proceeding or if the district attorney commits willful and gross negligence in the execution of the duties of the office, the district attorney commits a misdemeanor in office and, upon conviction, shall be sentenced to pay a fine not exceeding $1,000 and to undergo imprisonment not exceeding one year.

(a.1) Declaration of vacancy.-- If a district attorney is found guilty under subsection (a), the office of the district attorney shall be declared vacant.

(b)Notice and probable cause.--

(1)Upon complaint in writing charging a district attorney with willful and gross negligence in the execution of the duties of the office, the court shall provide notice of the complaint to the district attorney and of the time fixed by the court for a hearing.

(2)A complaint under paragraph

(1)shall be:

(i)filed in the court of common pleas of the county in which the district attorney prosecutes the pleas of the Commonwealth; and

(ii)verified by oath or affirmation of the person in whose name the complaint has been filed.

(3)If after the hearing the court finds that there is probable cause for the complaint, the court shall hand over or commit the district attorney to answer the complaint in due course of law. If the court finds that there is no probable cause for the complaint, the court shall dismiss the complaint with reasonable costs to be assessed by the court.

16c14306s