1Proposing integrated amendments to the Constitution of the
2Commonwealth of Pennsylvania, providing for hearing and
3deciding cases involving dissolution of marriage, custody,
4child support, spousal support, alimony, equitable division
5of marital property and related family law matters.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby resolves as follows:

8Section 1. The following integrated amendments to the
9Constitution of Pennsylvania are proposed in accordance with
10Article XI:

11(1) That section 5 of Article V be amended to read:

12§ 5. Courts of common pleas.

13There shall be one court of common pleas for each judicial
14district (a) having such divisions and consisting of such number
15of judges as shall be provided by law, one of whom shall be the
16president judge; and

17(b) having unlimited original jurisdiction in all cases
18except as may otherwise be provided by law[.]; and

19(c) having a procedure for the disposition of cases

1involving dissolution of marriage, custody, child support,
2spousal support, alimony, alimony pendente lite, equitable
3division of marital property and related family law matters as
4provided by statute; and

5(d) having a family resource center as provided by statute;
6and

7(e) having educational requirements for judges and family
8law masters and mediators as provided by statute.

9(2) That section 10(c) of Article V be amended to read:

10§ 10. Judicial administration.

11* * *

12(c) The Supreme Court shall have the power to prescribe
13general rules governing practice, procedure and the conduct of
14all courts, justices of the peace and all officers serving
15process or enforcing orders, judgments or decrees of any court
16or justice of the peace, including the power to provide for
17assignment and reassignment of classes of actions or classes of
18appeals among the several courts as the needs of justice shall
19require, and for admission to the bar and to practice law, and
20the administration of all courts and supervision of all officers
21of the Judicial Branch, if such rules are consistent with this
22Constitution and neither abridge, enlarge nor modify the
23substantive rights of any litigant, nor affect the right of the
24General Assembly to determine the jurisdiction of any court or
25justice of the peace, nor suspend nor alter any statute of
26limitation or repose. [All] Except for statutes enacted pursuant 
27to section 5 of this article, all laws shall be suspended to the
28extent that they are inconsistent with rules prescribed under
29these provisions. Notwithstanding the provisions of this
30section, the General Assembly may by statute provide for the

1manner of testimony of child victims or child material witnesses
2in criminal proceedings, including the use of videotaped
3depositions or testimony by closed-circuit television.

4* * *

5(3) That section 18(a)(7), (8) and (9), (b)(5), (c)(1), (3)
6and (4) and (d) introductory paragraph and (1), (2) and (3) of
7Article V be amended to read:

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

9(a) There shall be an independent board within the Judicial
10Branch, known as the Judicial Conduct Board, the composition,
11powers and duties of which shall be as follows:

12* * *

13(7) The board shall receive and investigate complaints
14regarding judicial conduct filed by individuals or initiated by
15the board against a justice, judge, justice of the peace or 
16family law master; issue subpoenas to compel testimony under
17oath of witnesses, including the subject of the investigation,
18and to compel the production of documents, books, accounts and
19other records relevant to the investigation; determine whether
20there is probable cause to file formal charges against a
21justice, judge [or], justice of the peace or family law master
22for conduct proscribed by this section; and present the case in
23support of the charges before the Court of Judicial Discipline.

24(8) Complaints filed with the board or initiated by the
25board shall not be public information. Statements, testimony,
26documents, records or other information or evidence acquired by
27the board in the conduct of an investigation shall not be public
28information. A justice, judge [or], justice of the peace or 
29family law master who is the subject of a complaint filed with
30the board or initiated by the board or of an investigation

1conducted by the board shall be apprised of the nature and
2content of the complaint and afforded an opportunity to respond
3fully to the complaint prior to any probable cause determination
4by the board. All proceedings of the board shall be confidential
5except when the subject of the investigation waives
6confidentiality. If, independent of any action by the board, the
7fact that an investigation by the board is in progress becomes a
8matter of public record, the board may, at the direction of the
9subject of the investigation, issue a statement to confirm that
10the investigation is in progress, to clarify the procedural
11aspects of the proceedings, to explain the rights of the subject
12of the investigation to a fair hearing without prejudgment or to
13provide the response of the subject of the investigation to the
14complaint. In acting to dismiss a complaint for lack of probable
15cause to file formal charges, the board may, at its discretion,
16issue a statement or report to the complainant or to the subject
17of the complaint, which may contain the identity of the
18complainant, the identity of the subject of the complaint, the
19contents and nature of the complaint, the actions taken in the
20conduct of the investigation and the results and conclusions of
21the investigation. The board may include with a report a copy of
22information or evidence acquired in the course of the
23investigation.

24(9) If the board finds probable cause to file formal charges
25concerning mental or physical disability against a justice,
26judge [or], justice of the peace or family law master, the board
27shall so notify the subject of the charges and provide the
28subject with an opportunity to resign from [judicial] his office
29or, when appropriate, to enter a rehabilitation program prior to
30the filing of the formal charges with the Court of Judicial

1Discipline.

2* * *

3(b) There shall be a Court of Judicial Discipline, the
4composition, powers and duties of which shall be as follows:

5* * *

6(5) Upon the filing of formal charges with the court by the
7board, the court shall promptly schedule a hearing or hearings
8to determine whether a sanction should be imposed against a
9justice, judge [or], justice of the peace or family law master
10pursuant to the provisions of this section. The court shall be a
11court of record, with all the attendant duties and powers
12appropriate to its function. Formal charges filed with the court
13shall be a matter of public record. All hearings conducted by
14the court shall be public proceedings conducted pursuant to the
15rules adopted by the court and in accordance with the principles
16of due process and the law of evidence. Parties appearing before
17the court shall have a right to discovery pursuant to the rules
18adopted by the court and shall have the right to subpoena
19witnesses and to compel the production of documents, books,
20accounts and other records as relevant. The subject of the
21charges shall be presumed innocent in any proceeding before the
22court, and the board shall have the burden of proving the
23charges by clear and convincing evidence. All decisions of the
24court shall be in writing and shall contain findings of fact and
25conclusions of law. A decision of the court may order removal
26from office, suspension, censure or other discipline as
27authorized by this section and as warranted by the record.

28* * *

29(c) Decisions of the court shall be subject to review as
30follows:

1(1) A justice, judge [or], justice of the peace or family 
2law master shall have the right to appeal a final adverse order
3of discipline of the court. A judge [or], justice of the peace
4or family law master shall have the right to appeal to the
5Supreme Court in a manner consistent with rules adopted by the
6Supreme Court; a justice shall have the right to appeal to a
7special tribunal composed of seven judges, other than senior
8judges, chosen by lot from the judges of the Superior Court and
9Commonwealth Court who do not sit on the Court of Judicial
10Discipline or the board, in a manner consistent with rules
11adopted by the Supreme Court. The special tribunal shall hear
12and decide the appeal in the same manner in which the Supreme
13Court would hear and decide an appeal from an order of the
14court.

15* * *

16(3) An order of the court which dismisses a complaint
17against a judge [or], justice of the peace or family law master
18may be appealed by the board to the Supreme Court, but the
19appeal shall be limited to questions of law. An order of the
20court which dismisses a complaint against a justice of the
21Supreme Court may be appealed by the board to a special tribunal
22in accordance with paragraph (1), but the appeal shall be
23limited to questions of law.

24(4) No justice, judge [or], justice of the peace or family 
25law master may participate as a member of the board, the court,
26a special tribunal or the Supreme Court in any proceeding in
27which the justice, judge or justice of the peace is a
28complainant, the subject of a complaint, a party or a witness.

29(d) A justice, judge [or], justice of the peace or family 
30law master shall be subject to disciplinary action pursuant to

1this section as follows:

2(1) A justice, judge [or], justice of the peace or family 
3law master may be suspended, removed from office or otherwise
4disciplined for conviction of a felony; [violation of section 17
5of this article;] misconduct in office; neglect or failure to
6perform the duties of office or conduct which prejudices the
7proper administration of justice or brings the judicial office
8into disrepute, whether or not the conduct occurred while acting
9in a judicial capacity or is prohibited by law; or conduct in
10violation of a canon or rule prescribed by the Supreme Court. A 
11justice, judge or justice of the peace may be suspended, removed 
12from office or otherwise disciplined for a violation of section 
1317 of this article. A judge or family law master may be 
14suspended or removed from office for failure to complete 
15judicial education requirements as provided by statute. In the
16case of a mentally or physically disabled justice, judge [or],
17justice of the peace or family law master, the court may enter
18an order of removal from office, retirement, suspension or other
19limitations on the activities of the justice, judge [or],
20justice of the peace or family law master as warranted by the
21record. Upon a final order of the court for suspension without
22pay or removal, prior to any appeal, the justice, judge [or],
23justice of the peace or family law master shall be suspended or
24removed from office; and the salary of the justice, judge [or],
25justice of the peace or family law master shall cease from the
26date of the order.

27(2) Prior to a hearing, the court may issue an interim order
28directing the suspension, with or without pay, of any justice,
29judge [or], justice of the peace or family law master against
30whom formal charges have been filed with the court by the board

1or against whom has been filed an indictment or information
2charging a felony. An interim order under this paragraph shall
3not be considered a final order from which an appeal may be
4taken.

5(3) A justice, judge [or], justice of the peace or family 
6law master convicted of misbehavior in office by a court,
7disbarred as a member of the bar of the Supreme Court or removed
8under this section shall forfeit automatically his judicial
9office and thereafter be ineligible for judicial office.

10* * *

11Section 2. (a) Upon the first passage by the General
12Assembly of these proposed constitutional amendments, the
13Secretary of the Commonwealth shall proceed immediately to
14comply with the advertising requirements of section 1 of Article
15XI of the Constitution of Pennsylvania and shall transmit the
16required advertisements to two newspapers in every county in
17which such newspapers are published in sufficient time after
18passage of these proposed constitutional amendments.

19(b) Upon the second passage by the General Assembly of these
20proposed constitutional amendments, the Secretary of the
21Commonwealth shall proceed immediately to comply with the
22advertising requirements of section 1 of Article XI of the
23Constitution of Pennsylvania and shall transmit the required
24advertisements to two newspapers in every county in which such
25newspapers are published in sufficient time after passage of
26these proposed constitutional amendments. The Secretary of the
27Commonwealth shall submit the proposed constitutional amendments
28under section 1 to the qualified electors of this Commonwealth
29as a single ballot question at the first primary, general or
30municipal election which meets the requirements of and is in

1conformance with section 1 of Article XI of the Constitution of
2Pennsylvania and which occurs at least three months after the
3proposed constitutional amendments are passed by the General
4Assembly.