PRINTER'S NO.  41

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

56

Session of

2011

  

  

INTRODUCED BY GREENLEAF, TARTAGLIONE, BROWNE, KITCHEN, FONTANA, ALLOWAY, WAUGH, BREWSTER, COSTA AND BOSCOLA, JANUARY 12, 2011

  

  

REFERRED TO JUDICIARY, JANUARY 12, 2011  

  

  

  

A JOINT RESOLUTION

  

1

Proposing integrated amendments to the Constitution of the

2

Commonwealth of Pennsylvania, making editorial changes by

3

replacing the phrase "justice of the peace" with "magisterial

4

district judge."

5

The General Assembly of the Commonwealth of Pennsylvania

6

hereby resolves as follows:

7

Section 1.  The following integrated amendments to the

8

Constitution of Pennsylvania are proposed in accordance with

9

Article XI:

10

(1)  That section 8(b) of Article IV be amended to read:

11

§ 8.  Appointing power.

12

* * *

13

(b)  The Governor shall fill vacancies in offices to which he

14

appoints by nominating to the Senate a proper person to fill the

15

vacancy within 90 days of the first day of the vacancy and not

16

thereafter. The Senate shall act on each executive nomination

17

within 25 legislative days of its submission. If the Senate has

18

not voted upon a nomination within 15 legislative days following

19

such submission, any five members of the Senate may, in writing,

 


1

request the presiding officer of the Senate to place the

2

nomination before the entire Senate body whereby the nomination

3

must be voted upon prior to the expiration of five legislative

4

days or 25 legislative days following submission by the

5

Governor, whichever occurs first. If the nomination is made

6

during a recess or after adjournment sine die, the Senate shall

7

act upon it within 25 legislative days after its return or

8

reconvening. If the Senate for any reason fails to act upon a

9

nomination submitted to it within the required 25 legislative

10

days, the nominee shall take office as if the appointment had

11

been consented to by the Senate. The Governor shall in a similar

12

manner fill vacancies in the offices of Auditor General, State

13

Treasurer, justice, judge, [justice of the peace] magisterial

14

district judge and in any other elective office he is authorized

15

to fill. In the case of a vacancy in an elective office, a

16

person shall be elected to the office on the next election day

17

appropriate to the office unless the first day of the vacancy is

18

within two calendar months immediately preceding the election

19

day in which case the election shall be held on the second

20

succeeding election day appropriate to the office.

21

* * *

22

(2)  That section 1 of Article V be amended to read:

23

§ 1.  Unified judicial system.

24

The judicial power of the Commonwealth shall be vested in a

25

unified judicial system consisting of the Supreme Court, the

26

Superior Court, the Commonwealth Court, courts of common pleas,

27

community courts, municipal and traffic courts in the City of

28

Philadelphia, such other courts as may be provided by law and

29

[justices of the peace] magisterial district judges. All courts

30

and [justices of the peace] magisterial district judges and

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1

their jurisdiction shall be in this unified judicial system.

2

(3)  That section 7 heading and (a) and (b) of Article V be

3

amended to read:

4

§ 7.  [Justices of the peace] Magisterial district judges;

5

magisterial districts.

6

(a)  In any judicial district, other than the City of

7

Philadelphia, where a community court has not been established

8

or where one has been discontinued there shall be one [justice

9

of the peace] magisterial district judge in each magisterial

10

district. The jurisdiction of the [justice of the peace]

11

magisterial district judge shall be as provided by law.

12

(b)  The General Assembly shall by law establish classes of

13

magisterial districts solely on the basis of population and

14

population density and shall fix the salaries to be paid

15

[justices of the peace] magisterial district judges in each

16

class. The number and boundaries of magisterial districts of

17

each class within each judicial district shall be established by

18

the Supreme Court or by the courts of common pleas under the

19

direction of the Supreme Court as required for the efficient

20

administration of justice within each magisterial district.

21

(4)  That section 10(a), (b) and (c) of Article V be amended

22

to read:

23

§ 10.  Judicial administration.

24

(a)  The Supreme Court shall exercise general supervisory and

25

administrative authority over all the courts and [justices of

26

the peace] magisterial district judges, including authority to

27

temporarily assign judges and [justices of the peace]

28

magisterial district judges from one court or district to

29

another as it deems appropriate.

30

(b)  The Supreme Court shall appoint a court administrator

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1

and may appoint such subordinate administrators and staff as may

2

be necessary and proper for the prompt and proper disposition of

3

the business of all courts and [justices of the peace]

4

magisterial district judges.

5

(c)  The Supreme Court shall have the power to prescribe

6

general rules governing practice, procedure and the conduct of

7

all courts, [justices of the peace] magisterial district judges 

8

and all officers serving process or enforcing orders, judgments

9

or decrees of any court or [justice of the peace] magisterial

10

district judge, including the power to provide for assignment

11

and reassignment of classes of actions or classes of appeals

12

among the several courts as the needs of justice shall require,

13

and for admission to the bar and to practice law, and the

14

administration of all courts and supervision of all officers of

15

the Judicial Branch, if such rules are consistent with this

16

Constitution and neither abridge, enlarge nor modify the

17

substantive rights of any litigant, nor affect the right of the

18

General Assembly to determine the jurisdiction of any court or

19

[justice of the peace] magisterial district judge, nor suspend

20

nor alter any statute of limitation or repose. All laws shall be

21

suspended to the extent that they are inconsistent with rules

22

prescribed under these provisions. Notwithstanding the

23

provisions of this section, the General Assembly may by statute

24

provide for the manner of testimony of child victims or child

25

material witnesses in criminal proceedings, including the use of

26

videotaped depositions or testimony by closed-circuit

27

television.

28

* * *

29

(5)  That section 12 heading and (a) and (b) of Article V be

30

amended to read:

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1

§ 12.  Qualifications of justices, judges and [justices of the

2

peace] magisterial district judges.

3

(a)  Justices, judges and [justices of the peace] magisterial

4

district judges shall be citizens of the Commonwealth. Justices

5

and judges, except the judges of the traffic court in the City

6

of Philadelphia, shall be members of the bar of the Supreme

7

Court. Justices and judges of statewide courts, for a period of

8

one year preceding their election or appointment and during

9

their continuance in office, shall reside within the

10

Commonwealth. Other judges and [justices of the peace]

11

magisterial district judges, for a period of one year preceding

12

their election or appointment and during their continuance in

13

office, shall reside within their respective districts, except

14

as provided in this article for temporary assignments.

15

(b)  Judges of the traffic court in the City of Philadelphia

16

and [justices of the peace] magisterial district judges shall be

17

members of the bar of the Supreme Court or shall complete a

18

course of training and instruction in the duties of their

19

respective offices and pass an examination prior to assuming

20

office. Such courses and examinations shall be as provided by

21

law.

22

(6)  That section 13 heading and (a) and (b) of Article V be

23

amended to read:

24

§ 13.  Election of justices, judges and [justices of the peace;]

25

magisterial district judges; vacancies.

26

(a)  Justices, judges and [justices of the peace] magisterial

27

district judges shall be elected at the municipal election next

28

preceding the commencement of their respective terms of office

29

by the electors of the Commonwealth or the respective districts

30

in which they are to serve.

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1

(b)  A vacancy in the office of justice, judge or [justice of

2

the peace] magisterial district judge shall be filled by

3

appointment by the Governor. The appointment shall be with the

4

advice and consent of two-thirds of the members elected to the

5

Senate, except in the case of [justices of the peace]

6

magisterial district judges which shall be by a majority. The

7

person so appointed shall serve for a term ending on the first

8

Monday of January following the next municipal election more

9

than ten months after the vacancy occurs or for the remainder of

10

the unexpired term whichever is less, except in the case of

11

persons selected as additional judges to the Superior Court,

12

where the General Assembly may stagger and fix the length of the

13

initial terms of such additional judges by reference to any of

14

the first, second and third municipal elections more than ten

15

months after the additional judges are selected. The manner by

16

which any additional judges are selected shall be provided by

17

this section for the filling of vacancies in judicial offices.

18

* * *

19

(7)  That section 15 heading and (a) of Article V be amended

20

to read:

21

§ 15.  Tenure of justices, judges and [justices of the peace]

22

magisterial district judges.

23

(a)  The regular term of office of justices and judges shall

24

be ten years and the regular term of office for judges of the

25

municipal court and traffic court in the City of Philadelphia

26

and of [justices of the peace] magisterial district judges shall

27

be six years. The tenure of any justice or judge shall not be

28

affected by changes in judicial districts or by reduction in the

29

number of judges.

30

* * *

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1

(8)  That section 16 of Article V be amended to read:

2

§ 16.  Compensation and retirement of justices, judges and

3

[justices of the peace] magisterial district judges.

4

(a)  Justices, judges and [justices of the peace] magisterial

5

district judges shall be compensated by the Commonwealth as

6

provided by law. Their compensation shall not be diminished

7

during their terms of office, unless by law applying generally

8

to all salaried officers of the Commonwealth.

9

(b)  Justices, judges and [justices of the peace] magisterial

10

district judges shall be retired on the last day of the calendar

11

year in which they attain the age of 70 years. Former and

12

retired justices, judges and [justices of the peace] magisterial

13

district judges shall receive such compensation as shall be

14

provided by law. Except as provided by law, no salary,

15

retirement benefit or other compensation, present or deferred,

16

shall be paid to any justice, judge or [justice of the peace]

17

magisterial district judge who, under section 18 or under

18

Article VI, is suspended, removed or barred from holding

19

judicial office for conviction of a felony or misconduct in

20

office or conduct which prejudices the proper administration of

21

justice or brings the judicial office into disrepute.

22

(c)  A former or retired justice or judge may, with his

23

consent, be assigned by the Supreme Court on temporary judicial

24

service as may be prescribed by rule of the Supreme Court.

25

(9)  That section 17(b) and (c) of Article V be amended to

26

read: 

27

§ 17.  Prohibited activities.

28

* * *

29

(b)  Justices and judges shall not engage in any activity

30

prohibited by law and shall not violate any canon of legal or

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1

judicial ethics prescribed by the Supreme Court. [Justices of

2

the peace] Magisterial district judges shall be governed by

3

rules or canons which shall be prescribed by the Supreme Court.

4

(c)  No justice, judge or [justice of the peace] magisterial

5

district judge shall be paid or accept for the performance of

6

any judicial duty or for any service connected with his office,

7

any fee, emolument or perquisite other than the salary and

8

expenses provided by law.

9

* * *

10

(10)  That section 18 of Article V be amended to read:

11

§ 18.  Suspension, removal, discipline and other sanctions.

12

(a)  There shall be an independent board within the Judicial

13

Branch, known as the Judicial Conduct Board, the composition,

14

powers and duties of which shall be as follows:

15

(1)  The board shall be composed of 12 members, as follows:

16

two judges, other than senior judges, one from the courts of

17

common pleas and the other from either the Superior Court or the

18

Commonwealth Court, one [justice of the peace] magisterial

19

district judge who need not be a member of the bar of the

20

Supreme Court, three non-judge members of the bar of the Supreme

21

Court and six non-lawyer electors.

22

(2)  The judge from either the Superior Court or the

23

Commonwealth Court, the [justice of the peace] magisterial

24

district judge, one non-judge member of the bar of the Supreme

25

Court and three non-lawyer electors shall be appointed to the

26

board by the Supreme Court. The judge from the courts of common

27

pleas, two non-judge members of the bar of the Supreme Court and

28

three non-lawyer electors shall be appointed to the board by the

29

Governor.

30

(3)  Except for the initial appointees whose terms shall be

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1

provided by the schedule to this article, the members shall

2

serve for terms of four years. All members must be residents of

3

this Commonwealth. No more than three of the six members

4

appointed by the Supreme Court may be registered in the same

5

political party. No more than three of the six members appointed

6

by the Governor may be registered in the same political party.

7

Membership of a judge or [justice of the peace] magisterial

8

district judge shall terminate if the member ceases to hold the

9

judicial position that qualified the member for the appointment.

10

Membership shall terminate if a member attains a position that

11

would have rendered the member ineligible for appointment at the

12

time of the appointment. A vacancy shall be filled by the

13

respective appointing authority for the remainder of the term to

14

which the member was appointed. No member may serve more than

15

four consecutive years but may be reappointed after a lapse of

16

one year. The Governor shall convene the board for its first

17

meeting. At that meeting and annually thereafter, the members of

18

the board shall elect a chairperson. The board shall act only

19

with the concurrence of a majority of its members.

20

(4)  No member of the board, during the member's term, may

21

hold office in a political party or political organization.

22

Except for a judicial member, no member of the board, during the

23

member's term, may hold a compensated public office or public

24

appointment. All members shall be reimbursed for expenses

25

necessarily incurred in the discharge of their official duties.

26

(5)  The board shall prescribe general rules governing the

27

conduct of members. A member may be removed by the board for a

28

violation of the rules governing the conduct of members.

29

(6)  The board shall appoint a chief counsel and other staff,

30

prepare and administer its own budget as provided by law,

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1

exercise supervisory and administrative authority over all board

2

staff and board functions, establish and promulgate its own

3

rules of procedure, prepare and disseminate an annual report and

4

take other actions as are necessary to ensure its efficient

5

operation. The budget request of the board shall be made by the

6

board as a separate item in the request submitted by the Supreme

7

Court on behalf of the Judicial Branch to the General Assembly.

8

(7)  The board shall receive and investigate complaints

9

regarding judicial conduct filed by individuals or initiated by

10

the board; issue subpoenas to compel testimony under oath of

11

witnesses, including the subject of the investigation, and to

12

compel the production of documents, books, accounts and other

13

records relevant to the investigation; determine whether there

14

is probable cause to file formal charges against a justice,

15

judge or [justice of the peace] magisterial district judge for

16

conduct proscribed by this section; and present the case in

17

support of the charges before the Court of Judicial Discipline.

18

(8)  Complaints filed with the board or initiated by the

19

board shall not be public information. Statements, testimony,

20

documents, records or other information or evidence acquired by

21

the board in the conduct of an investigation shall not be public

22

information. A justice, judge or [justice of the peace]

23

magisterial district judge who is the subject of a complaint

24

filed with the board or initiated by the board or of an

25

investigation conducted by the board shall be apprised of the

26

nature and content of the complaint and afforded an opportunity

27

to respond fully to the complaint prior to any probable cause

28

determination by the board. All proceedings of the board shall

29

be confidential except when the subject of the investigation

30

waives confidentiality. If, independent of any action by the

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1

board, the fact that an investigation by the board is in

2

progress becomes a matter of public record, the board may, at

3

the direction of the subject of the investigation, issue a

4

statement to confirm that the investigation is in progress, to

5

clarify the procedural aspects of the proceedings, to explain

6

the rights of the subject of the investigation to a fair hearing

7

without prejudgment or to provide the response of the subject of

8

the investigation to the complaint. In acting to dismiss a

9

complaint for lack of probable cause to file formal charges, the

10

board may, at its discretion, issue a statement or report to the

11

complainant or to the subject of the complaint, which may

12

contain the identity of the complainant, the identity of the

13

subject of the complaint, the contents and nature of the

14

complaint, the actions taken in the conduct of the investigation

15

and the results and conclusions of the investigation. The board

16

may include with a report a copy of information or evidence

17

acquired in the course of the investigation.

18

(9)  If the board finds probable cause to file formal charges

19

concerning mental or physical disability against a justice,

20

judge or [justice of the peace] magisterial district judge, the

21

board shall so notify the subject of the charges and provide the

22

subject with an opportunity to resign from judicial office or,

23

when appropriate, to enter a rehabilitation program prior to the

24

filing of the formal charges with the Court of Judicial

25

Discipline.

26

(10)  Members of the board and its chief counsel and staff

27

shall be absolutely immune from suit for all conduct in the

28

course of their official duties. No civil action or disciplinary

29

complaint predicated upon the filing of a complaint or other

30

documents with the board or testimony before the board may be

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1

maintained against any complainant, witness or counsel.

2

(b)  There shall be a Court of Judicial Discipline, the

3

composition, powers and duties of which shall be as follows:

4

(1)  The court shall be composed of a total of eight members

5

as follows: three judges other than senior judges from the

6

courts of common pleas, the Superior Court or the Commonwealth

7

Court, one [justice of the peace] magisterial district judge,

8

two non-judge members of the bar of the Supreme Court and two

9

non-lawyer electors. Two judges, the [justice of the peace]

10

magisterial district judge and one non-lawyer elector shall be

11

appointed to the court by the Supreme Court. One judge, the two

12

non-judge members of the bar of the Supreme Court and one non-

13

lawyer elector shall be appointed to the court by the Governor.

14

(2)  Except for the initial appointees whose terms shall be

15

provided by the schedule to this article, each member shall

16

serve for a term of four years; however, the member, rather than

17

the member's successor, shall continue to participate in any

18

hearing in progress at the end of the member's term. All members

19

must be residents of this Commonwealth. No more than two of the

20

members appointed by the Supreme Court may be registered in the

21

same political party. No more than two of the members appointed

22

by the Governor may be registered in the same political party.

23

Membership of a judge or [justice of the peace] magisterial

24

district judge shall terminate if the judge or [justice of the

25

peace] magisterial district judge ceases to hold the judicial

26

position that qualified the judge or [justice of the peace]

27

magisterial district judge for appointment. Membership shall

28

terminate if a member attains a position that would have

29

rendered that person ineligible for appointment at the time of

30

the appointment. A vacancy on the court shall be filled by the

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1

respective appointing authority for the remainder of the term to

2

which the member was appointed in the same manner in which the

3

original appointment occurred. No member of the court may serve

4

more than four consecutive years but may be reappointed after a

5

lapse of one year.

6

(3)  The court shall prescribe general rules governing the

7

conduct of members. A member may be removed by the court for a

8

violation of the rules of conduct prescribed by the court. No

9

member, during the member's term of service, may hold office in

10

any political party or political organization. Except for a

11

judicial member, no member of the court, during the member's

12

term of service, may hold a compensated public office or public

13

appointment. All members of the court shall be reimbursed for

14

expenses necessarily incurred in the discharge of their official

15

duties.

16

(4)  The court shall appoint staff and prepare and administer

17

its own budget as provided by law and undertake actions needed

18

to ensure its efficient operation. All actions of the court,

19

including disciplinary action, shall require approval by a

20

majority vote of the members of the court. The budget request of

21

the court shall be made as a separate item in the request by the

22

Supreme Court on behalf of the Judicial Branch to the General

23

Assembly. The court shall adopt rules to govern the conduct of

24

proceedings before the court.

25

(5)  Upon the filing of formal charges with the court by the

26

board, the court shall promptly schedule a hearing or hearings

27

to determine whether a sanction should be imposed against a

28

justice, judge or [justice of the peace] magisterial district

29

judge pursuant to the provisions of this section. The court

30

shall be a court of record, with all the attendant duties and

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1

powers appropriate to its function. Formal charges filed with

2

the court shall be a matter of public record. All hearings

3

conducted by the court shall be public proceedings conducted

4

pursuant to the rules adopted by the court and in accordance

5

with the principles of due process and the law of evidence.

6

Parties appearing before the court shall have a right to

7

discovery pursuant to the rules adopted by the court and shall

8

have the right to subpoena witnesses and to compel the

9

production of documents, books, accounts and other records as

10

relevant. The subject of the charges shall be presumed innocent

11

in any proceeding before the court, and the board shall have the

12

burden of proving the charges by clear and convincing evidence.

13

All decisions of the court shall be in writing and shall contain

14

findings of fact and conclusions of law. A decision of the court

15

may order removal from office, suspension, censure or other

16

discipline as authorized by this section and as warranted by the

17

record.

18

(6)  Members of the court and the court's staff shall be

19

absolutely immune from suit for all conduct in the course of

20

their official duties, and no civil action or disciplinary

21

complaint predicated on testimony before the court may be

22

maintained against any witness or counsel.

23

(c)  Decisions of the court shall be subject to review as

24

follows:

25

(1)  A justice, judge or [justice of the peace] magisterial

26

district judge shall have the right to appeal a final adverse

27

order of discipline of the court. A judge or [justice of the

28

peace] magisterial district judge shall have the right to appeal

29

to the Supreme Court in a manner consistent with rules adopted

30

by the Supreme Court; a justice shall have the right to appeal

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1

to a special tribunal composed of seven judges, other than

2

senior judges, chosen by lot from the judges of the Superior

3

Court and Commonwealth Court who do not sit on the Court of

4

Judicial Discipline or the board, in a manner consistent with

5

rules adopted by the Supreme Court. The special tribunal shall

6

hear and decide the appeal in the same manner in which the

7

Supreme Court would hear and decide an appeal from an order of

8

the court.

9

(2)  On appeal, the Supreme Court or special tribunal shall

10

review the record of the proceedings of the court as follows: on

11

the law, the scope of review is plenary; on the facts, the scope

12

of review is clearly erroneous; and, as to sanctions, the scope

13

of review is whether the sanctions imposed were lawful. The

14

Supreme Court or special tribunal may revise or reject an order

15

of the court upon a determination that the order did not sustain

16

this standard of review; otherwise, the Supreme Court or special

17

tribunal shall affirm the order of the court.

18

(3)  An order of the court which dismisses a complaint

19

against a judge or [justice of the peace] magisterial district

20

judge may be appealed by the board to the Supreme Court, but the

21

appeal shall be limited to questions of law. An order of the

22

court which dismisses a complaint against a justice of the

23

Supreme Court may be appealed by the board to a special tribunal

24

in accordance with paragraph (1), but the appeal shall be

25

limited to questions of law.

26

(4)  No justice, judge or [justice of the peace] magisterial

27

district judge may participate as a member of the board, the

28

court, a special tribunal or the Supreme Court in any proceeding

29

in which the justice, judge or [justice of the peace]

30

magisterial district judge is a complainant, the subject of a

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1

complaint, a party or a witness.

2

(d)  A justice, judge or [justice of the peace] magisterial

3

district judge shall be subject to disciplinary action pursuant

4

to this section as follows:

5

(1)  A justice, judge or [justice of the peace] magisterial

6

district judge may be suspended, removed from office or

7

otherwise disciplined for conviction of a felony; violation of

8

section 17 of this article; misconduct in office; neglect or

9

failure to perform the duties of office or conduct which

10

prejudices the proper administration of justice or brings the

11

judicial office into disrepute, whether or not the conduct

12

occurred while acting in a judicial capacity or is prohibited by

13

law; or conduct in violation of a canon or rule prescribed by

14

the Supreme Court. In the case of a mentally or physically

15

disabled justice, judge or [justice of the peace] magisterial

16

district judge, the court may enter an order of removal from

17

office, retirement, suspension or other limitations on the

18

activities of the justice, judge or [justice of the peace]

19

magisterial district judge as warranted by the record. Upon a

20

final order of the court for suspension without pay or removal,

21

prior to any appeal, the justice, judge or [justice of the

22

peace] magisterial district judge shall be suspended or removed

23

from office; and the salary of the justice, judge or [justice of

24

the peace] magisterial district judge shall cease from the date

25

of the order.

26

(2)  Prior to a hearing, the court may issue an interim order

27

directing the suspension, with or without pay, of any justice,

28

judge or [justice of the peace] magisterial district judge 

29

against whom formal charges have been filed with the court by

30

the board or against whom has been filed an indictment or

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1

information charging a felony. An interim order under this

2

paragraph shall not be considered a final order from which an

3

appeal may be taken.

4

(3)  A justice, judge or [justice of the peace] magisterial

5

district judge convicted of misbehavior in office by a court,

6

disbarred as a member of the bar of the Supreme Court or removed

7

under this section shall forfeit automatically his judicial

8

office and thereafter be ineligible for judicial office.

9

(4)  A justice, judge or [justice of the peace] magisterial

10

district judge who files for nomination for or election to any

11

public office other than a judicial office shall forfeit

12

automatically his judicial office.

13

(5)  This section is in addition to and not in substitution

14

for the provisions for impeachment for misbehavior in office

15

contained in Article VI. No justice, judge or [justice of the

16

peace] magisterial district judge against whom impeachment

17

proceedings are pending in the Senate shall exercise any of the

18

duties of office until acquittal.

19

(11)  That section 7 of the Schedule to Article V be amended

20

to read:

21

§ 7.  Community courts.

22

In a judicial district which establishes a community court, a

23

person serving as a [justice of the peace] magisterial district

24

judge at such time:

25

(a)  May complete his term exercising the jurisdiction

26

provided by law and with the compensation provided by law, and

27

(b)  Upon completion of his term, his office is abolished and

28

no judicial function of the kind heretofore exercised by a

29

[justice of the peace] magisterial district judge shall

30

thereafter be exercised other than by the community court.

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1

(12)  That the undesignated subdivision heading preceding

2

section 8 of the Schedule to Article V be amended to read:

3

JUSTICES, JUDGES AND [JUSTICES OF THE PEACE]

4

MAGISTERIAL DISTRICT JUDGES

5

(13)  That section 8 of the Schedule to Article V be amended

6

to read:

7

§ 8.  Justices, judges and [justices of the peace] magisterial

8

district judges.

9

Notwithstanding any provision in the article, a present

10

justice, judge or [justice of the peace] magisterial district

11

judge may complete his term of office.

12

(14)  That the undesignated subdivision heading preceding

13

section 12 of the Schedule to Article V be amended to read:

14

MAGISTRATES, ALDERMEN AND [JUSTICES OF THE PEACE]

15

MAGISTERIAL DISTRICT JUDGES AND

16

MAGISTERIAL DISTRICTS OTHER THAN IN THE CITY

17

OF PHILADELPHIA

18

(15)  That section 12 of the Schedule to Article V be amended

19

to read:

20

§ 12.  Magistrates, aldermen and [justices of the peace]

21

magisterial district judges.

22

An alderman, [justice of the peace] magisterial district

23

judge or magistrate:

24

(a)  May complete his term, exercising the jurisdiction

25

provided by law and with the method of compensation provided by

26

law prior to the adoption of this article;

27

(b)  Shall be deemed to have taken and passed the examination

28

required by this article for [justices of the peace] magisterial

29

district judges if he has completed one full term of office

30

before creation of a magisterial district, and

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1

(c)  At the completion of his term, his office is abolished.

2

(d)  Except for officers completing their terms, after the

3

first Monday in January, 1970, no judicial function of the kind

4

heretofore exercised by these officers, by mayors and like

5

officers in municipalities shall be exercised by any officer

6

other than the one [justice of the peace] magisterial district

7

judge elected or appointed to serve in that magisterial

8

district.

9

(16)  That section 13 of the Schedule to Article V be amended

10

to read:

11

§ 13.  Magisterial districts.

12

So that the provisions of this article regarding the

13

establishment of magisterial districts and the instruction and

14

examination of [justices of the peace] magisterial district

15

judges may be self-executing, until otherwise provided by law in

16

a manner agreeable to this article, the following provisions

17

shall be in force:

18

(a)  The Supreme Court or the courts of common pleas under

19

the direction of the Supreme Court shall fix the number and

20

boundaries of magisterial districts of each class within each

21

judicial district by January 1, 1969, and these magisterial

22

districts, except where a community court has been adopted,

23

shall come into existence on January 1, 1970, the [justices of

24

the peace] magisterial district judges thereof to be elected at

25

the municipal election in 1969. These [justices of the peace]

26

magisterial district judges shall retain no fine, costs or any

27

other sum that shall be delivered into their hands for the

28

performance of any judicial duty or for any service connected

29

with their offices, but shall remit the same to the

30

Commonwealth, county, municipal subdivision, school district or

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1

otherwise as may be provided by law.

2

(b)  Classes of magisterial districts.

3

(i)  Magisterial districts of the first class shall have a

4

population density of more than 5,000 persons per square mile

5

and a population of not less than 65,000 persons.

6

(ii)  Magisterial districts of the second class shall have a

7

population density of between 1,000 and 5,000 persons per square

8

mile and a population of between 20,000 persons and 65,000

9

persons.

10

(iii)  Magisterial districts of the third class shall have a

11

population density of between 200 and 1,000 persons per square

12

mile and a population of between 12,000 persons and 20,000

13

persons.

14

(iv)  Magisterial districts of the fourth class shall have a

15

population density of between 70 and 200 persons per square mile

16

and a population of between 7,500 persons and 12,000 persons.

17

(v)  Magisterial districts of the fifth class shall have a

18

population density of under 70 persons per square mile and a

19

population of between 4,000 persons and 7,500 persons.

20

(c)  Salaries of [justices of the peace] magisterial district

21

judges.

22

The salaries of the [justices of the peace] magisterial

23

district judges shall be as follows:

24

(i)  In first class magisterial districts, $12,000 per year,

25

(ii)  In second class magisterial districts, $10,000 per

26

year,

27

(iii)  In third class magisterial districts, $8,000 per year,

28

(iv)  In fourth and fifth class magisterial districts, $5,000

29

per year.

30

(v)  The salaries here fixed shall be paid by the State

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1

Treasurer and for such payment this article and schedule shall

2

be sufficient warrant.

3

(d)  Course of training, instruction and examination. The

4

course of training and instruction and examination in civil and

5

criminal law and procedure for a [justice of the peace]

6

magisterial district judge shall be devised by the Department of

7

Public Instruction, and it shall administer this course and

8

examination to insure that [justices of the peace] magisterial

9

district judges are competent to perform their duties.

10

(17)  That section 14 of the Schedule to Article V be amended

11

to read:

12

§ 14.  Magisterial districts.

13

Effective immediately upon establishment of magisterial

14

districts and until otherwise prescribed the civil and criminal

15

procedural rules relating to venue shall apply to magisterial

16

districts; all proceedings before aldermen, magistrates and

17

[justices of the peace] magisterial district judges shall be

18

brought in and only in a magisterial district in which occurs an

19

event which would give rise to venue in a court of record; the

20

court of common pleas upon its own motion or on application at

21

any stage of proceedings shall transfer any proceeding in any

22

magisterial district to the [justice of the peace] magisterial

23

district judge for the magisterial district in which proper

24

venue lies.

25

(18)  That section 21 of the Schedule to Article V be amended

26

to read:

27

§ 21.  Inferior courts.

28

Upon the establishment of magisterial districts pursuant to

29

this article and schedule, and unless otherwise provided by law,

30

the police magistrates, including those serving in the traffic

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1

court, the housing court and the city court shall continue as at

2

present. Such magistrates shall be part of the unified judicial

3

system and shall be subject to the general supervisory and

4

administrative authority of the Supreme Court. Such magistrates

5

shall be subject to the provisions of this article and schedule

6

regarding educational requirements and prohibited activities of

7

[justices of the peace] magisterial district judges.

8

(19)  That section 22 of the Schedule to Article V be amended

9

to read:

10

§ 22.  Causes, proceedings, books and records.

11

All causes and proceedings pending in any abolished court or

12

office of the [justice of the peace] magisterial district judge 

13

shall be determined and concluded by the court to which

14

jurisdiction of the proceedings has been transferred under this

15

schedule and all books, dockets and records of any abolished

16

court or office of the [justice of the peace] magisterial

17

district judge shall become those of the court to which, under

18

this schedule, jurisdiction of the proceedings concerned has

19

been transferred.

20

(20)  That section 24(b) and (c) of the Schedule to Article V

21

be amended to read:

22

§ 24.  Judicial discipline.

23

* * *

24

(b)  Of the members initially appointed to the Judicial

25

Conduct Board, the judge appointed by the Supreme Court shall

26

serve a four-year term, and the judge appointed by the Governor

27

shall serve a three-year term. The [justice of the peace]

28

magisterial district judge initially appointed shall serve a

29

two-year term. Of the three non-judge members of the bar of the

30

Supreme Court initially appointed, the first appointed by the

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1

Governor shall serve a three-year term, the next appointed by

2

the Governor shall serve a two-year term, and the non-judge

3

member of the bar of the Supreme Court appointed by the Supreme

4

Court shall serve a one-year term. Of the six non-lawyer

5

electors initially appointed, the first appointed by the

6

Governor and the first appointed by the Supreme Court shall

7

serve a four-year term, the next appointed by the Governor and

8

the next appointed by the Supreme Court shall serve a three-year

9

term, and the next appointed by the Governor and the next

10

appointed by the Supreme Court shall serve a two-year term.

11

(c)  Of the three judges initially appointed to the Court of

12

Judicial Discipline, the first appointed by the Supreme Court

13

shall serve a four-year term, the next appointed by the Supreme

14

Court shall serve a three-year term, and the judge appointed by

15

the Governor shall serve a two-year term. The [justice of the

16

peace] magisterial district judge initially appointed shall

17

serve a one-year term. Of the non-judge members of the bar

18

initially appointed, the first appointed shall serve a four-year

19

term, and the next appointed shall serve a three-year term. Of

20

the two non-lawyer electors initially appointed, the non-lawyer

21

elector appointed by the Governor shall serve a three-year term,

22

and the non-lawyer elector appointed by the Supreme Court shall

23

serve a two-year term.

24

(21)  That section 26 of the Schedule to Article V be amended

25

to read:

26

§ 26.  Writs of certiorari.

27

Unless and until changed by rule of the Supreme Court, in

28

addition to the right of appeal under section 9 of this article,

29

the judges of the courts of common pleas, within their

30

respective judicial districts, shall have power to issue writs

- 23 -

 


1

of certiorari to the municipal court in the City of

2

Philadelphia, [justices of the peace] magisterial district

3

judges and inferior courts not of record and to cause their

4

proceedings to be brought before them, and right and justice to

5

be done.

6

Section 2.  (a)  Upon the first passage by the General

7

Assembly of these proposed constitutional amendments, the

8

Secretary of the Commonwealth shall proceed immediately to

9

comply with the advertising requirements of section 1 of Article

10

XI of the Constitution of Pennsylvania and shall transmit the

11

required advertisements to two newspapers in every county in

12

which such newspapers are published in sufficient time after

13

passage of these proposed constitutional amendments.

14

(b)  Upon the second passage by the General Assembly of these

15

proposed constitutional amendments, the Secretary of the

16

Commonwealth shall proceed immediately to comply with the

17

advertising requirements of section 1 of Article XI of the

18

Constitution of Pennsylvania and shall transmit the required

19

advertisements to two newspapers in every county in which such

20

newspapers are published in sufficient time after passage of

21

these proposed constitutional amendments. The Secretary of the

22

Commonwealth shall submit the proposed constitutional amendments

23

under section 1 to the qualified electors of this Commonwealth

24

as a single ballot question at the first primary, general or

25

municipal election which meets the requirements of and is in

26

conformance with section 1 of Article XI of the Constitution of

27

Pennsylvania and which occurs at least three months after the

28

proposed constitutional amendments are passed by the General

29

Assembly.

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