PRINTER'S NO. 923
No. 838 Session of 1995
INTRODUCED BY PICCOLA, CLARK, CALTAGIRONE, PITTS, DeLUCA,
NAILOR, CONTI, PERZEL, ROONEY, GEIST, BIRMELIN, FICHTER,
KREBS, HERSHEY, RAYMOND, STERN, DRUCE, RYAN, LLOYD, HANNA,
KING, LYNCH, HERMAN, FARGO, TIGUE, DALEY, GODSHALL, KUKOVICH,
TRELLO, SAYLOR, D. W. SNYDER, TRUE, BATTISTO, SATHER, HESS,
PHILLIPS, MICOZZIE, MELIO, GRUPPO, MERRY, BELFANTI,
E. Z. TAYLOR, STISH, MARSICO, FLEAGLE, TULLI, BARLEY,
DEMPSEY, MASLAND, BUNT, BAKER, BLAUM, MAITLAND, SEMMEL,
J. TAYLOR, FLICK, LEH, FARMER, MILLER, CHADWICK, EGOLF,
SCHULER, FEESE, L. I. COHEN, RUBLEY, PETTIT, ZIMMERMAN,
HARHART, M. N. WRIGHT, CIVERA, ZUG, CORNELL, PLATTS, GLADECK,
BROWN AND STRITTMATTER, FEBRUARY 14, 1995
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 14, 1995
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 Judicial Council of Pennsylvania.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "governing authority" in
7 section 102 of Title 42 of the Pennsylvania Consolidated
8 Statutes is amended and the section is amended by adding a
9 definition to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this title which are applicable to specific
13 provisions of this title, the following words and phrases when
1 used in this title shall have, unless the context clearly
2 indicates otherwise, the meanings given to them in this section:
3 * * *
4 ["Governing authority."
5 (1) The Supreme Court; or
6 (2) any agency or unit of the unified judicial system
7 exercising a power or performing a duty pursuant to section
8 1721 (relating to delegation of powers).]
9 "Governing authority." The Judicial Council of Pennsylvania.
10 * * *
11 "Judicial Council." The Judicial Council of Pennsylvania
12 established under Subchapter C of Chapter 3 (relating to
13 Judicial Council of Pennsylvania).
14 * * *
15 Section 2. Sections 103, 301 and 325 of Title 42 are amended
16 to read:
17 § 103. Principles of construction.
18 (a) Necessary powers conferred.--The provisions of this
19 title shall be construed so as to vest in the unified judicial
20 system and in the personnel of the system power to do all things
21 that are reasonably necessary for the proper execution and
22 administration of their functions within the scope of their
23 respective jurisdiction.
24 (b) No inference from express grant of powers.--The
25 inclusion in this title of provisions derived from or based on
26 the text of the Constitution of Pennsylvania and the
27 specification in this title of the powers of the unified
28 judicial system is for the avoidance of potential controversy
29 and the convenient codification of the powers of the system from
30 whatever source derived and shall not be construed as a
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1 determination by the General Assembly that any of such powers
2 are or are not inherent in the [Supreme Court] Judicial Council
3 or the other agencies and units of the system under the
4 Constitution of Pennsylvania or otherwise.
5 § 301. Unified judicial system.
6 The judicial power of the Commonwealth shall be vested in a
7 unified judicial system consisting of the:
8 (1) Judicial Council.
9 [(1)] (2) Supreme Court.
10 [(2)] (3) Superior Court.
11 [(3)] (4) Commonwealth Court.
12 [(4)] (5) Courts of common pleas.
13 [(5)] (6) Community courts.
14 [(6)] (7) Philadelphia Municipal Court.
15 [(7)] (8) Pittsburgh Magistrates Court.
16 [(8)] (9) Traffic Court of Philadelphia.
17 [(9)] (10) District justices.
18 All courts and district justices and their jurisdiction shall be
19 in this unified judicial system.
20 § 325. Chief Justice and president judges.
21 (a) General rule.--The Chief Justice of Pennsylvania [and
22 the] shall be selected by the Governor from among the sitting
23 justices. The president judges of all courts with seven or less
24 judges shall be the judge longest in continuous service on their
25 respective courts. In the event of his resignation from this
26 position the judge next longest in continuous service shall be
27 the [Chief Justice of Pennsylvania or the] president judge.
28 Should any two or more judges of the same court assume office at
29 the same time, they shall cast lots forthwith for priority of
30 commission, and certify the results to the Governor who shall
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1 issue their commissions accordingly.
2 (b) Courts of eight or more judges.--The president judges of
3 all courts with eight or more judges shall be selected for five-
4 year terms by the members of their respective courts. In the
5 event of a tie vote for the office of president judge, the
6 Supreme Court shall appoint as president judge one of the judges
7 receiving the highest number of votes.
8 (c) Traffic Court of Philadelphia.--Notwithstanding any
9 other provision of this section, the President Judge of the
10 Traffic Court of Philadelphia shall be appointed by the Governor
11 for a five-year term or at the pleasure of the Governor.
12 (d) Resignation and temporary inability.--[The Chief Justice
13 of Pennsylvania or a] A president judge may resign such position
14 and remain a member of the court.
15 (e) Powers of president judge.--Except as otherwise provided
16 or prescribed by this title, by general rule or by order of the
17 governing authority, the president judge of a court shall:
18 (1) Be the executive and administrative head of the
19 court, supervise the judicial business of the court,
20 promulgate all administrative rules and regulations, make all
21 judicial assignments, and assign and reassign among the
22 personnel of the court available chambers and other physical
23 facilities.
24 (2) Exercise the powers of the court under section
25 2301(a)(2) (relating to appointment of personnel).
26 Section 3. Chapter 3 of Title 42 is amended by adding a
27 subchapter to read:
28 CHAPTER 3
29 GENERAL STRUCTURE AND POWERS
30 * * *
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1 SUBCHAPTER C
2 JUDICIAL COUNCIL OF PENNSYLVANIA
3 Sec.
4 341. Establishment.
5 342. Powers and duties in general.
6 343. Composition.
7 344. Organization and procedure.
8 345. Legislative matters.
9 346. Recommendations to Supreme Court.
10 347. Authority.
11 348. Allocation of administrative powers and duties.
12 349. General administration of unified judicial system.
13 § 341. Establishment.
14 There is hereby established the Judicial Council of
15 Pennsylvania.
16 § 342. Powers and duties in general.
17 The Judicial Council, together with the Chief Justice of the
18 Supreme Court, shall exercise general supervisory and
19 administrative authority over all the courts and justices of the
20 peace, including authority to temporarily assign judges and
21 justices of the peace from one court or district to another as
22 they deem appropriate, authority to submit budgetary requests to
23 the General Assembly on behalf of the unified judicial system
24 and authority to recommend to the Supreme Court rules and rule
25 changes for the efficient administration of justice.
26 § 343. Composition.
27 (a) General rule.--The Judicial Council shall consist of the
28 following members;
29 (1) The Chief Justice of Pennsylvania.
30 (2) The Court Administrator of Pennsylvania.
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1 (3) A judge of the Superior Court selected by the
2 Superior Court.
3 (4) A judge of the Commonwealth Court selected by the
4 Commonwealth Court.
5 (5) The President Judge of the Court of Common Pleas of
6 Philadelphia County.
7 (6) The President Judge of the Court of Common Pleas of
8 Allegheny County.
9 (7) Three judges of the courts of common pleas appointed
10 by the Chief Justice of the Supreme Court from judicial
11 districts other than the First and Fifth Judicial Districts,
12 one of whom shall be assigned permanently to an orphans court
13 division, and no more than one of whom shall be from the same
14 judicial district.
15 (8) One member appointed by the chief Justice of the
16 Supreme Court from among judges of the community courts, the
17 Philadelphia Municipal Court and the Philadelphia Traffic
18 Court or from among the justices of the peace and Pittsburgh
19 police magistrates.
20 (9) Three nonjudge members of the bar of the Supreme
21 Court appointed by the Chief Justice of the Supreme Court.
22 (b) Terms and vacancies.--Each member of the Judicial
23 Council who does not hold office ex officio shall hold office
24 for a term of three years and until his successor has been
25 selected or appointed or until his earlier death, resignation,
26 disqualification or removal. The terms of members shall commence
27 on March 1. A vacancy on the Judicial Council shall be filled by
28 the respective selecting or appointing authority for the balance
29 of the term. A member may be selected or reappointed any number
30 of times. A member shall be removed automatically if he shall
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1 for any reason become disqualified for original selection or
2 appointment.
3 (c) Compensation.--Members, other than judges and ex officio
4 members, shall be compensated for their services as the Chief
5 Justice of the Supreme Court shall prescribe. All members shall
6 be reimbursed for expenses necessarily incurred in the discharge
7 of their official duties.
8 (d) Staff.--The Judicial Council shall appoint the Court
9 Administrator of Pennsylvania and may appoint such other
10 officers and employees as may be necessary and proper for the
11 prompt and proper disposition of the business of all courts and
12 justices of the peace.
13 § 344. Organization and procedure.
14 (a) Officers.--The Chief Justice shall be chairman and the
15 Court Administrator of Pennsylvania shall be secretary of the
16 Judicial Council of Pennsylvania. Annually, the Judicial Council
17 shall elect such other officers of the Judicial Council as it
18 deems necessary, who shall hold office at the pleasure of the
19 Judicial Council. The Court Administrator of Pennsylvania shall
20 be the chief administrative officer of the Judicial Council and
21 shall provide staff assistance for the Judicial Council.
22 (b) Meetings.--Except as otherwise provided by the Judicial
23 Council, the regular meetings of the Judicial Council shall be
24 held at such time within the second and third weeks preceding
25 each regular session of the Supreme Court as may be specified by
26 the Chief Justice or on the third Monday preceding each such
27 session if no other date is specified by the Chief Justice.
28 Special meetings of the Judicial Council may be called by the
29 Chief Justice or the Court Administrator of Pennsylvania and in
30 such manner as may be provided by the Judicial Council.
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1 (c) Quorum.--A majority of the members of the Judicial
2 Council in office shall be a quorum.
3 (d) Proceedings.--Except as otherwise provided by law, the
4 proceedings of the Judicial Council shall be governed by general
5 rule adopted by the Judicial Council.
6 § 345. Legislative matters.
7 (a) General rule.--Either house of the General Assembly may,
8 by resolution, enter any question or matter which could be
9 regulated by statute or which relates to judicial practice or
10 procedure upon the agenda of the Judicial Council, with like
11 effect as if submitted by a member of the Judicial Council.
12 Whenever a question or matter is pending before the Judicial
13 Council under this subsection, the President pro tempore of the
14 Senate may appoint one member of the Senate and the Speaker of
15 the House of Representatives may appoint one member of the House
16 of Representatives who shall receive notice of all the meetings
17 of the Judicial Council at which the question or matter is
18 pending and who shall have the right to attend such meetings and
19 to be heard and to vote upon such question or matter.
20 (b) Status of legislative members.--Members appointed to the
21 Judicial Council under subsection (a) shall not be counted for
22 quorum purposes under section 344(c) (relating to quorum).
23 § 346. Recommendations to Supreme Court.
24 The Judicial Council shall recommend to the Supreme Court
25 such orders and general rules and changes therein within the
26 Judicial Council's Constitutional or statutory authority which
27 the Judicial Council finds necessary or desirable for the
28 prompt, fair and efficient administration of justice. The
29 Supreme Court shall adopt the orders and general rules and
30 changes recommended by the Judicial Council. The Judicial
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1 Council shall make recommendations to the Supreme Court on any
2 matter referred to it by the court.
3 § 347. Authority.
4 The Judicial Council shall have the following powers and
5 duties:
6 (1) To recommend to the General Assembly changes in the
7 number and boundaries of judicial districts.
8 (2) To recommend to the General Assembly an increase or
9 reduction in the Constitutional or statutory complement of
10 judges of any court.
11 (3) To recommend to the General Assembly changes in the
12 classification of magisterial districts.
13 (4) To recommend to the General Assembly the
14 establishment of salaries, emoluments, retirement benefits,
15 mileage, per diem, travel and other expense allowance within
16 their jurisdiction.
17 (5) To recommend to the General Assembly such other
18 structural changes in the unified judicial system and in
19 offices related to and serving the unified judicial system as
20 it shall find to be necessary or desirable for the prompt,
21 fair and efficient administration of justice.
22 § 348. Allocation of administrative powers and duties.
23 The Judicial Council shall have the power by order in
24 specific cases to define the relative administrative powers,
25 duties and responsibilities of the Court Administrator of
26 Pennsylvania, district court administrators, president judges,
27 administrative judges of divisions and other system and related
28 personnel. The Judicial Council under this section may specify
29 who shall exercise the power of appointment and removal of the
30 several classes of personnel of the system.
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1 § 349. General administration of unified judicial system.
2 The Judicial Council shall have the power:
3 (1) To review the tentative budget requests of the
4 unified judicial system prepared by the Court Administrator
5 of Pennsylvania, to make such modifications therein as in its
6 judgment are necessary or desirable and to approve a final
7 budget request for the unified judicial system which shall
8 then be forwarded to the Secretary of the Budget and the
9 General Assembly. The Judicial Council shall prepare such
10 budgetary requests in accordance with Constitutional
11 provisions and statutes.
12 (2) To fix the extent of the authority of the Court
13 Administrator of Pennsylvania to purchase goods or services
14 for the unified judicial system from funds appropriated to
15 the unified judicial system, including the rental of space
16 and requests for the construction or modification of
17 Commonwealth facilities to be utilized by the unified
18 judicial system.
19 (3) To fix the extent of the authority of the Court
20 Administrator of Pennsylvania to approve or disapprove
21 requests for the purchase of goods or services by other
22 personnel of the system from funds appropriated to the
23 unified judicial system, including the rental of space and
24 requests for the construction or modification of Commonwealth
25 facilities to be utilized by the unified judicial system.
26 (4) To approve or disapprove requests of the type
27 specified in paragraphs (2) and (3) which exceed the
28 authority delegated to the Court Administrator of
29 Pennsylvania.
30 (5) To approve or disapprove transfers of unexpended
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1 funds from the purpose for which they were originally
2 budgeted to any other lawful purpose of the unified judicial
3 system.
4 (6) To exercise on behalf of the unified judicial system
5 such powers which may by law or Constitution be vested in the
6 Judicial Council or other entities of the unified judicial
7 system to fix filing fees for the commencement of any matter
8 before any court or justice of the peace, fees which unified
9 judicial system and related personnel shall be entitled to
10 collect for services performed, fees and expenses to be
11 received by jurors and witnesses and standards governing the
12 imposition and taxation of costs, including the specification
13 of the items which shall constitute taxable costs and the
14 disbursement of costs.
15 Section 4. Sections 501 and 502 of Title 42 are amended to
16 read:
17 § 501. Supreme Court.
18 (a) General rule.--The Supreme Court of Pennsylvania shall
19 consist of the Chief Justice of Pennsylvania and six associate
20 justices. The court shall be the highest court of this
21 Commonwealth [and in it shall be reposed the supreme judicial
22 power of the Commonwealth].
23 (b) Certain powers rescinded.--The Supreme Court shall not
24 have King's Bench power.
25 § 502. General powers of Supreme Court.
26 The Supreme Court shall have and exercise the powers vested
27 in it by the Constitution of Pennsylvania[, including the power
28 generally to minister justice to all persons and to exercise the
29 powers of the court, as fully and amply, to all intents and
30 purposes, as the justices of the Court of King's Bench, Common
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1 Pleas and Exchequer, at Westminster, or any of them, could or
2 might do on May 22, 1722. The Supreme Court shall also have and
3 exercise the following powers:
4 (1) All powers necessary or appropriate in aid of its
5 original and appellate jurisdiction which are agreeable to
6 the usages and principles of law.
7 (2) The] and powers vested in it by statute, including
8 the provisions of this title.
9 Section 5. Section 503 of Title 42 is repealed.
10 Section 6. Sections 504, 543 and 563 of Title 42 are amended
11 to read:
12 § 504. Seat of court.
13 The regular sessions of the Supreme Court shall be held in
14 the facility specified in section 3701 (relating to Pennsylvania
15 Judicial Center) [and elsewhere as prescribed by general rule].
16 Each justice shall be provided with suitable chambers and other
17 facilities at the seat of government. The intention of this
18 provision is to render the court and the justices thereof
19 available at the seat of government for the conduct of routine
20 and emergency judicial business.
21 § 543. Seat of court.
22 The regular sessions of the Superior Court shall be held [at
23 the cities of Harrisburg, Philadelphia and Pittsburgh and
24 elsewhere as prescribed by general rule or rule of court.] in
25 the facility specified in section 3701 (relating to Pennsylvania
26 Judicial Center). Each judge shall be provided with suitable
27 chambers and other facilities at the seat of government. The
28 intention of this provision is to render the court and the
29 judges thereof available at the seat of government for the
30 conduct of routine and emergency judicial business.
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1 § 563. Seat of court.
2 [(a) Regular sessions.--]The regular sessions of the
3 Commonwealth Court shall be held [at the seat of government and
4 elsewhere as provided in subsection (b).] in the facility
5 specified in section 3701 (relating to Pennsylvania Judicial
6 Center. Each judge shall be provided with suitable chambers and
7 other facilities at the seat of government. The intention of
8 this provision is to render the court and the judges thereof as
9 available[, except as provided in subsection (b) or as otherwise
10 provided in this title,] at the seat of government for the
11 conduct of routine and emergency judicial business. [as would be
12 the case if the jurisdiction of the court were exercised by the
13 Court of Common Pleas of Dauphin County.
14 (b) Other sessions.--Within the limits of available
15 appropriations, special sessions of the court may be held from
16 time to time for the convenience of parties or witnesses, or
17 both, in the interest of justice, in such judicial districts of
18 this Commonwealth as make available without cost to the
19 Commonwealth suitable courtroom and related physical facilities.
20 The court shall also sit in the cities of Philadelphia and
21 Pittsburgh.]
22 Section 7. Sections 701(b) and 726 of Title 42 are repealed.
23 Section 8. Sections 1701, 1702, 1703, 1721, 1722, 1901, 1903
24 and 3701 of Title 42 are amended to read:
25 § 1701. General supervisory and administrative authority of
26 [the Supreme Court] Judicial Council.
27 The [Supreme Court] Judicial Council shall exercise general
28 supervisory and administrative authority over the unified
29 judicial system and in aid thereof shall have the powers
30 specified in Subchapter B (relating to specific powers of the
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1 governing authority of the system).
2 § 1702. Rule making procedures.
3 (a) General rule.--Subject to the provisions of subsection
4 (b), the [Supreme Court] Judicial Council and all agencies or
5 units of the unified judicial system when exercising the power
6 to adopt general rules or other orders in the nature of
7 regulations [pursuant to the authority of the Supreme Court
8 under section 1721 (relating to delegation of powers)] shall be
9 an agency within the meaning of the act of July 31, 1968
10 (P.L.769, No.240), known as the "Commonwealth Documents Law,"
11 and shall be subject to all of the provisions of such act except
12 section 205 (relating to approval as to legality). All such
13 general rules and orders shall be published pursuant to Part II
14 of Title 45 (relating to publication and effectiveness of
15 Commonwealth Documents).
16 (b) Scope.--The provisions of subsection (a) shall apply
17 only to a rule or order adopted pursuant to the following
18 provisions of this title or which is otherwise based in whole or
19 in part upon authority conferred by any provision of this title
20 or by other statutory authority:
21 [Section 503 (relating to reassignment of matters).]
22 Section 1722(b) (relating to enforcement and effect of
23 orders and process).
24 Section 1722(c) (relating to time limitations).
25 Section 1725 (relating to establishment of fees and
26 charges).
27 Section 1726 (relating to establishment of taxable
28 costs).
29 Section 1728 (relating to recognition of related
30 organizations).
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1 The provisions of subsection (a) shall also apply to other rules
2 and orders to the extent prescribed by general rule.
3 § 1703. Meeting procedures.
4 The [Supreme Court] Judicial Council and all other agencies
5 and units of the unified judicial system when exercising the
6 powers to recommend or adopt general rules or other orders in
7 the nature of regulations shall be an agency within the meaning
8 of the act of July 19, 1974 (P.L.486, No.175), referred to as
9 the Public Agency Open Meeting Law.
10 § 1721. Delegation of powers.
11 (a) General rule.--The [Supreme Court] Judicial Council may
12 from time to time delegate to any agency or unit of the unified
13 judicial system such of the supervisory and administrative
14 powers of the [court] Judicial Council, including the powers
15 specified in this subchapter, as may be specified by general
16 rule.
17 (b) Exception.--Any power based in whole or in part upon
18 authority conferred by any provision of this title or other
19 statutory authority shall not be delegated by the [Supreme
20 Court] Judicial Council to any agency or unit other than:
21 (1) A Statewide council which meets the requirements of
22 section 3529(d) (relating to definition).
23 (2) The Court Administrator of Pennsylvania.
24 (3) Any other government unit within the system created
25 by the Constitution of Pennsylvania or by statute. A body
26 created pursuant to section 1730 (relating to boards,
27 councils, commissions and committees), other than the council
28 specified by paragraph (1), shall not be deemed to be created
29 by statute for the purposes of this paragraph.
30 (4) The Judicial Council shall not delegate any of its
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1 authority to the Supreme Court.
2 § 1722. Adoption of administrative and procedural rules.
3 (a) General rule.--The governing authority shall have the
4 power to prescribe and modify general rules governing:
5 (1) Practice, procedure and the conduct of all courts,
6 district justices and all officers serving process or
7 enforcing orders of any court or district justice and for
8 admission to the bar and to practice law, and the
9 administration of all courts and the supervision of all
10 officers of the judicial branch, if such rules are consistent
11 with the Constitution of Pennsylvania and neither abridge,
12 enlarge nor modify the substantive rights of any litigant,
13 nor affect the right of the General Assembly to determine the
14 jurisdiction of any court or district justice, nor suspend
15 nor alter any statute of limitation or repose. [All statutes
16 shall be suspended to the extent that they are inconsistent
17 with rules prescribed under this paragraph.]
18 (2) The prescription of canons of ethics applicable to
19 judges and district justices and the prescription of rules or
20 canons applicable to the activities of all other personnel of
21 the system.
22 (3) Procedure under section 18 of Article V of the
23 Constitution of Pennsylvania.
24 (4) Procedure under section 18 of Article V of the
25 Constitution of Pennsylvania for the suspension, removal,
26 discipline and compulsory retirement of district justices.
27 (5) Any matter which is specifically authorized by
28 statute to be governed by general rules.
29 [A governing authority other than the Supreme Court shall not
30 have power to prescribe general rules for assignment or
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1 reassignment of classes of matters among the several courts and
2 district justices under section 503 (relating to reassignment of
3 matters) or otherwise.]
4 (b) Enforcement and effect of orders and process.--To the
5 extent, if any, that such powers shall not be conferred by the
6 provisions of subsection (a)(1) and (5), the governing authority
7 shall have power to prescribe and modify general rules,
8 consistent with this title and any other applicable unrepealed
9 statute, governing:
10 (1) The effect of judgments and other orders of, and the
11 right to and effect of attachments and other process issuing
12 out of, a tribunal, and the manner of the enforcement of any
13 thereof, including the time during which and the property
14 with respect to which they shall be a lien, the relative
15 priority of liens and other claims, stays of execution which
16 may or shall be granted, satisfaction of judgments and
17 dissolution of attachments, and all other matters relating to
18 judgments and other orders and attachments and other process
19 which have been regulated heretofore by statute.
20 (2) The powers and duties of system and related
21 personnel serving process or enforcing orders, insofar as
22 such powers and duties relate to the custody of and the
23 judicial sale or other disposition of property of judgment
24 debtors and other property within the jurisdiction of a
25 tribunal. Any such system or related personnel who shall
26 comply with the provisions of such rules shall be free from
27 all liability to any person with respect to action in
28 pursuance of such rules.
29 A statute shall be repealed for the purposes of this subsection
30 only if it has been expressly repealed absolutely or insofar as
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1 inconsistent with general rules prescribed pursuant to this
2 subsection.
3 (c) Time limitations.--The governing authority shall have
4 power to prescribe and modify general rules:
5 (1) On any subject covered by Subchapter D of Chapter 55
6 (relating to appeals).
7 (2) Specifying the time within which a matter must be
8 commenced under section 708 (relating to improvident
9 administrative appeals and other matters) or otherwise
10 objecting to a determination of a government unit.
11 The provisions of Chapter 55 (relating to limitation of time)
12 and all other statutes shall be suspended to the extent that
13 they are inconsistent with rules prescribed under this
14 subsection. The intention of this subsection is to authorize the
15 governing authority to develop and maintain uniformity in time
16 periods within the scope of this subsection by eliminating
17 statutory time limitations which are inconsistent with the
18 general pattern of similar time limitations then in effect.
19 § 1901. Court Administrator of Pennsylvania.
20 The [Supreme Court] Judicial Council shall appoint and may
21 remove a Court Administrator of Pennsylvania.
22 § 1903. Staff.
23 The [Supreme Court] Judicial Council may appoint such
24 subordinate administrators and staff as may be necessary and
25 proper for the prompt and proper disposition of the business of
26 all courts and district justices.
27 § 3701. Pennsylvania Judicial Center [(Reserved)].
28 (a) General rule.--There shall be maintained by the
29 administrative officer acting through the Department of General
30 Services at the seat of government a facility known as the
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1 Pennsylvania Judicial Center, which shall be part of the
2 facilities of the Commonwealth Government. The facility shall
3 provide accommodations and supporting facilities and services
4 for the following functions, agencies and units of or related to
5 the unified judicial system:
6 (1) The Judicial Council of Pennsylvania.
7 (2) One or more courtrooms for the holding of sessions
8 of the appellate courts, including related conference and
9 other facilities.
10 (3) Chamber facilities for justices and judges of the
11 appellate courts and their personal staff.
12 (4) The administrative staff of the appellate courts.
13 (5) The Court Administrator of Pennsylvania and staff.
14 (6) The State Law Library.
15 (7) The offices of those agencies vested with the
16 authority to investigate and discipline judges, justices and
17 district justices.
18 (8) The Office of the Minor Judiciary Education Board.
19 (9) The Pennsylvania Commission on Sentencing.
20 (10) The office of the agency vested with the power to
21 admit or recommend the admission of persons to the bar and
22 the practice of law.
23 (11) The office of the agency vested with the power of
24 discipline or the power to recommend the discipline of
25 attorneys at law.
26 (12) The offices of related organizations (except the
27 recognized conference or association of members of the bar of
28 this Commonwealth) recognized under section 1728 (relating to
29 recognition of related organizations).
30 (13) The Office of the Pennsylvania Client Security Fund
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1 Board.
2 (14) Such other functions, agencies and units of or
3 related to the unified judicial system as may be designated
4 by the governing authority and be approved by the General
5 Assembly by law.
6 (b) Location.--The facilities of the Pennsylvania Judicial
7 Center shall be located at a common site at the seat of
8 government in Harrisburg.
9 Section 9. Sections 3703 and 3704 of Title 42 are repealed.
10 Section 10. The Department of General Services shall submit
11 plans to implement those provisions of this act relating to the
12 Pennsylvania Judicial Center to the General Assembly within one
13 year of the effective date of this act. The plans shall include,
14 but not be limited to:
15 (1) The possibility and the extent of renovations
16 necessary for the Pennsylvania Judicial Center in existing
17 Commonwealth government facilities.
18 (2) The necessity for construction of new facilities.
19 (3) Information as to probable costs and methods of
20 financing.
21 (4) Any other information necessary to effect the prompt
22 and efficient establishment of the Pennsylvania Judicial
23 Center at the seat of government.
24 Section 11. The implementation of the amendment of 42
25 Pa.C.S. §§ 504, 543, 563 and 3701 shall be dependent upon one of
26 the following:
27 (1) A general fund appropriation.
28 (2) An authorization in a current revenue expenditure
29 act for capital projects.
30 (3) A specific appropriation by the General Assembly.
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1 Section 12. This act shall take effect upon the date of
2 publication in the Pennsylvania Bulletin of certification by the
3 Secretary of the Commonwealth that a constitutional amendment
4 has been adopted relating to the following:
5 (1) The Judicial Council of Pennsylvania.
6 (2) Rescinding the power of the Supreme Court to suspend
7 statutes.
8 (3) The financial affairs of the unified judicial
9 system.
10 (4) The selection of the Chief Justice by the Governor.
11 (5) Abolishing the King's Bench power of the Supreme
12 Court.
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