PRIOR PASSAGE - NONE
PRINTER'S NO. 3213
No. 2324 Session of 2002
INTRODUCED BY FLICK, E. Z. TAYLOR, CLARK, FEESE, ADOLPH, ARGALL,
ARMSTRONG, M. BAKER, BARD, BARRAR, BASTIAN, BIRMELIN, BOYES,
BUNT, CAPPELLI, CLYMER, CORRIGAN, COY, CREIGHTON, DAILEY,
DALLY, J. EVANS, FAIRCHILD, FICHTER, GABIG, GEIST, GEORGE,
GODSHALL, HABAY, HARHART, HERSHEY, HESS, HUTCHINSON, KENNEY,
LEH, LEWIS, MACKERETH, MAITLAND, McGEEHAN, McGILL,
McILHATTAN, McILHINNEY, METCALFE, R. MILLER, S. MILLER,
PHILLIPS, PICKETT, ROHRER, ROSS, RUBLEY, SATHER, SAYLOR,
SCHRODER, SCHULER, SEMMEL, SHANER, B. SMITH, STEIL, STERN,
T. STEVENSON, R. STEVENSON, STRITTMATTER, STURLA, TIGUE,
TULLI, TURZAI, WATSON, WILT, WOJNAROSKI, M. WRIGHT,
YOUNGBLOOD, ZIMMERMAN AND J. BAKER, JANUARY 30, 2002
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2002
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, further providing for judicial
3 administration.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following amendment to the Constitution of
7 Pennsylvania is proposed in accordance with Article XI:
8 That section 10(c) of Article V be amended to read:
9 § 10. Judicial administration.
10 * * *
11 (c) The Supreme Court shall have the power to prescribe
12 [general] rules governing [practice, procedure and] the conduct
13 of all courts, justices of the peace and all officers serving
1 process or enforcing orders, judgments or decrees of any court
2 or justice of the peace, including the power to provide for
3 assignment and reassignment of classes of actions or classes of
4 appeals among the several courts as the needs of justice shall
5 require, and for admission to the bar and to practice law, and
6 the administration of all courts and supervision of all officers
7 of the Judicial Branch, if such rules are consistent with this
8 Constitution and neither abridge, enlarge nor modify the
9 substantive rights of any litigant, nor affect the right of the
10 General Assembly to determine the jurisdiction of any court or
11 justice of the peace, nor suspend nor alter any statute of
12 limitation or repose. [All] General rules governing the practice
13 and procedure of all courts shall be transmitted by the Supreme
14 Court to the General Assembly. Not later than May 1 of the year
15 in which a general rule or modification of an existing general
16 rule is to become effective a copy of the proposed general rule
17 or modification of an existing general rule shall be transmitted
18 to the General Assembly. Such general rule or modification of an
19 existing general rule shall take effect no earlier than December
20 1 of the year in which such general rule or modification of an
21 existing general rule is so transmitted unless otherwise
22 provided by statute. Such general rule or modification of
23 existing general rule shall be consistent with this Constitution
24 and neither abridge, enlarge nor modify the substantive rights
25 of any litigant, nor affect the right of the General Assembly to
26 determine the jurisdiction of any court or justice of the peace,
27 nor suspend nor alter any statute of limitations or repose.
28 Except for general rules and modification of existing general
29 rules transmitted to and approved by the General Assembly as
30 provided in this section, all laws shall be suspended to the
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1 extent that they are inconsistent with rules prescribed under
2 these provisions.
3 * * *
4 Section 2. (a) Upon the first passage by the General
5 Assembly of this proposed constitutional amendment, the
6 Secretary of the Commonwealth shall proceed immediately to
7 comply with the advertising requirements of section 1 of Article
8 XI of the Constitution of Pennsylvania and shall transmit the
9 required advertisements to two newspapers in every county in
10 which such newspapers are published in sufficient time after
11 passage of this proposed constitutional amendment.
12 (b) Upon the second passage by the General Assembly of this
13 proposed constitutional amendment, the Secretary of the
14 Commonwealth shall proceed immediately to comply with the
15 advertising requirements of section 1 of Article XI of the
16 Constitution of Pennsylvania and shall transmit the required
17 advertisements to two newspapers in every county in which such
18 newspapers are published in sufficient time after passage of
19 this proposed constitutional amendment. The Secretary of the
20 Commonwealth shall submit this proposed constitutional amendment
21 to the qualified electors of this Commonwealth at the first
22 primary, general or municipal election which meets the
23 requirements of and is in conformance with section 1 of Article
24 XI of the Constitution of Pennsylvania and which occurs at least
25 three months after the proposed constitutional amendment is
26 passed by the General Assembly.
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