Commonwealth v. Kline

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

LARSEN, Justice.

The issue presented by this appeal is whether the president judge of a court of common pleas may order the *283temporary assignment of a district justice to serve in another magisterial district pursuant to Pa.R.Crim.P. Rule 23(b),1 to replace a district justice who has dismissed criminal charges against an accused and who has testified that he will dismiss the charges again upon the rearrest of the accused if the facts presented at the second preliminary hearing are the same or if a witness testifies to different facts.

Appellant, Henry…