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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, TARTAGLIONE, BROWNE, KITCHEN, FONTANA, ALLOWAY, WAUGH, BREWSTER, COSTA AND BOSCOLA, JANUARY 12, 2011 |
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| REFERRED TO JUDICIARY, JANUARY 12, 2011 |
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| A JOINT RESOLUTION |
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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, |
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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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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. |
|