Middle Smithfield Township is served by Magisterial District Court 43-4-01, along with Smithfield Township and the Borough of Delaware Water Gap. District Court is located at the address below, which is shared by the Smithfield Township offices. District court is not located at the Middle Smithfield Township office.
Magisterial District Judges have jurisdiction over civil claims where the disputed amount is less than $12,000, landlord / tenant disputes, Summary Offenses, and minor criminal matters.
All Misdemeanor and Felony criminal cases are initially filed in the Magisterial District Courts. In such cases, the Magisterial District Judge is responsible for arraigning the accused, setting bail, and presiding over a Preliminary Hearing in the matter. At the Preliminary Hearing, these cases are either waived to the Court of Common Pleas by the defendant; or, after the hearing, the charges are either dismissed or bound over to court by the Magisterial District Judge.
Magisterial District Judges also grant emergency relief under the Protection From Abuse Act and the Older Adult Protective Service Act.
Additionally, Magisterial District Judges issue arrest warrants and search warrants.
As officers of the Pennsylvania Unified Judicial System, Magisterial District Judges may administer oaths and affirmations and take acknowledgments. Magisterial District Judges also have the authority to perform marriages.