Butler County voters next year will elect a new Common Pleas Court judge.

Gov. Ed Rendell on Tuesday signed legislation that approves a sixth judgeship for the county.

The county commissioners and county President Judge Thomas Doerr had asked for the additional judge because of the court's increasing caseload and the county's population growth.

"This is good for Butler County," Doerr said of getting an additional judge. "With a growing county and a heavily increasing caseload, a court structure is important to the community's infrastructure.

Doerr noted a sixth judge was imperative since Senior Judge Martin O'Brien faces mandatory retirement at the end of next year.

Once retired, judges are eligible to apply for senior judge status. Senior judges work on an as-needed basis as determined by the county president judge and state Supreme Court.

The mandatory retirement age for judges is 70; for senior judges the mandatory retirement age is 75.

"Judge O'Brien is a very active senior judge and helps us out a lot," Doerr said. "Since Judge O'Brien faces mandatory retirement at the end of 2005, the timing of getting a sixth judge is absolutely perfect for us."

Beaver County will get a seventh judge under the law, while Allegheny County will get two new judges, bringing its total to 43.

Other counties to get one more judge each are: Berks, Blair, Chester, Lackawanna, Luzerne, Mifflin, Pike and Washington. Lancaster and York counties will get two new judges each.

The state pays the judges a $124,135 salary and $70,000 for support staff. President judges earn $125,330. Judges are elected to 10-year terms.

Candidates for Butler County's sixth judgeship will run in the spring primary, followed by the November 2005 general election. Judicial candidates are permitted to cross-file for both the Republican and Democratic nominations in the primary.

The new judge will take office in January 2006.

While the race could feature several candidates, only District Attorney Tim McCune has informally declared his intention to seek the post. He said he would likely formally announce his candidacy next month.

"But people who know me know I've made no secrets about my plans," McCune said.

Last year he was unopposed in winning a third term as district attorney. His term expires at the end of 2007.

Should he win election as judge, McCune's first assistant district attorney, Randa Clark, would serve out the remainder of his term.

Five years ago S. Michael Yeager was elected as the fifth judge in the county. Yeager's post also was created because of the boom in cases and population.

And based on population and caseload projections, Doerr said it is possible that within seven or eight years, the county could need a seventh judge.