PRINTER'S NO.  3983

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE RESOLUTION

 

No.

866

Session of

2010

  

  

INTRODUCED BY EACHUS, BOBACK, CARROLL, MUNDY, PASHINSKI, WANSACZ, YUDICHAK, BRIGGS, DERMODY, McGEEHAN, BROWN, CALTAGIRONE, KIRKLAND, MANN, GODSHALL, SWANGER, KULA, JOSEPHS, MAHONEY AND BRADFORD, JUNE 24, 2010

  

  

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 24, 2010  

  

  

  

A CONCURRENT RESOLUTION

  

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Urging the Pennsylvania Supreme Court to implement

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recommendations made by the Interbranch Commission on

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Juvenile Justice.

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WHEREAS, The act of August 7, 2009 (P.L.143,No.32), known as

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the Interbranch Commission on Juvenile Justice Act, established

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the Interbranch Commission on Juvenile Justice to, inter alia,

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restore public confidence in the administration of juvenile

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justice in this Commonwealth; and

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WHEREAS, The Interbranch Commission on Juvenile Justice Act

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authorized the commission to conduct a noncriminal investigation

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into events that occurred in Luzerne County involving the

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administration of juvenile justice, make recommendations

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intended to prevent similar events from occurring in the future

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and to issue a final report of its activities by May 31, 2010;

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and

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WHEREAS, At a public meeting held on May 27, 2010, the

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commission adopted its final report; and

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WHEREAS, The commission's final report includes

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recommendations intended to restore public confidence in the

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administration of juvenile justice in this Commonwealth and to

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ensure the events that transpired in Luzerne County do not occur

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in the future; and

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WHEREAS, The commission's final report makes recommendations

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that are, or appear to be, within the exclusive jurisdiction of

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the Pennsylvania Supreme Court under the Constitution of

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Pennsylvania; therefore be it

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RESOLVED (the Senate concurring), That the General Assembly

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strongly encourage the Chief Justice of the Pennsylvania Supreme

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Court and the Court Administrator to thoroughly review the

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Interbranch Commission on Juvenile Justice's May 27, 2010, final

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report; and be it further

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RESOLVED, That the General Assembly strongly urge the Chief

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Justice and the Court Administrator to swiftly implement the

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recommendations of the commission under the jurisdiction of the

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Pennsylvania Supreme Court included in its final report,

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including the following:

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(1)  That appropriate educational materials be prepared

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for attorneys and the general public to assure that both

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communities understand what constitutes a violation of the

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Rules of Professional Conduct governing the conduct of

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attorneys in this Commonwealth and how to file a complaint.

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(2)  That the minimum number of ethics credit hours of

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continuing legal education required of attorneys practicing

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in this Commonwealth be increased from one to two.

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(3)  That judges of the courts of common pleas in this

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Commonwealth who are assigned to handle delinquency matters

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be required to attend a minimum of 12 hours continuing legal

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education.

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(4)  That mandatory continuing education standards be

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developed for juvenile masters and hearing officers.

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(5)  That the Pennsylvania Supreme Court provide

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continuing oversight of the Luzerne County court system to

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assure that the juvenile justice system functions in

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accordance with 42 Pa.C.S. Ch. 63 (relating to juvenile

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matters) and the Juvenile Rules Procedure;

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and be it further

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RESOLVED, That the Court Administrator issue written reports

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to the Governor and to the General Assembly, which shall also be

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accessible to the public, on a quarterly basis for a two-year

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period commencing on the date the Governor approves this

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concurrent resolution, articulating the Pennsylvania Supreme

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Court's and the Administrative Office of Pennsylvania Court's

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progress on implementing the commission's recommendations; and

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be it further

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RESOLVED, That the Court Administrator issue a final written

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report to the Governor and the General Assembly on the date

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occurring two years following the date the Governor approves

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this concurrent resolution outlining all of the commission's

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recommendations implemented by the Court Administrator as well

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as articulating why any of the commission's recommendations were

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not implemented, if applicable; and be it further

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RESOLVED, That this concurrent resolution be presented to the

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Governor for his signature and to the Chief Justice of the

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Pennsylvania Supreme Court and the Court Administrator

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immediately upon being signed.

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