1Proposing integrated amendments to the Constitution of the
2Commonwealth of Pennsylvania, making editorial changes by
3replacing the phrase "justice of the peace" with "magisterial
4district judge."

5The General Assembly of the Commonwealth of Pennsylvania
6hereby resolves as follows:

7Section 1.  The following integrated amendments to the
8Constitution of Pennsylvania are proposed in accordance with
9Article 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
14appoints by nominating to the Senate a proper person to fill the
15vacancy within 90 days of the first day of the vacancy and not
16thereafter. The Senate shall act on each executive nomination
17within 25 legislative days of its submission. If the Senate has
18not voted upon a nomination within 15 legislative days following

1such submission, any five members of the Senate may, in writing,
2request the presiding officer of the Senate to place the
3nomination before the entire Senate body whereby the nomination
4must be voted upon prior to the expiration of five legislative
5days or 25 legislative days following submission by the
6Governor, whichever occurs first. If the nomination is made
7during a recess or after adjournment sine die, the Senate shall
8act upon it within 25 legislative days after its return or
9reconvening. If the Senate for any reason fails to act upon a
10nomination submitted to it within the required 25 legislative
11days, the nominee shall take office as if the appointment had
12been consented to by the Senate. The Governor shall in a similar
13manner fill vacancies in the offices of Auditor General, State
14Treasurer, justice, judge, [justice of the peace] magisterial 
15district judge and in any other elective office he is authorized
16to fill. In the case of a vacancy in an elective office, a
17person shall be elected to the office on the next election day
18appropriate to the office unless the first day of the vacancy is
19within two calendar months immediately preceding the election
20day in which case the election shall be held on the second
21succeeding election day appropriate to the office.

22* * *

23(2)  That section 1 of Article V be amended to read:

24§ 1.  Unified judicial system.

25The judicial power of the Commonwealth shall be vested in a
26unified judicial system consisting of the Supreme Court, the
27Superior Court, the Commonwealth Court, courts of common pleas,
28community courts, municipal and traffic courts in the City of
29Philadelphia, such other courts as may be provided by law and
30[justices of the peace] magisterial district judges. All courts

1and [justices of the peace] magisterial district judges and
2their jurisdiction shall be in this unified judicial system.

3(3)  That section 7 heading and (a) and (b) of Article V be
4amended to read:

5§ 7.  [Justices of the peace] Magisterial district judges;
6magisterial districts.

7(a)  In any judicial district, other than the City of
8Philadelphia, where a community court has not been established
9or where one has been discontinued there shall be one [justice
10of the peace] magisterial district judge in each magisterial
11district. The jurisdiction of the [justice of the peace]
12magisterial district judge shall be as provided by law.

13(b)  The General Assembly shall by law establish classes of
14magisterial districts solely on the basis of population and
15population density and shall fix the salaries to be paid
16[justices of the peace] magisterial district judges in each
17class. The number and boundaries of magisterial districts of
18each class within each judicial district shall be established by
19the Supreme Court or by the courts of common pleas under the
20direction of the Supreme Court as required for the efficient
21administration of justice within each magisterial district.

22(4)  That section 10(a), (b) and (c) of Article V be amended
23to read:

24§ 10.  Judicial administration.

25(a)  The Supreme Court shall exercise general supervisory and
26administrative authority over all the courts and [justices of
27the peace] magisterial district judges, including authority to
28temporarily assign judges and [justices of the peace]
29magisterial district judges from one court or district to
30another as it deems appropriate.

1(b)  The Supreme Court shall appoint a court administrator
2and may appoint such subordinate administrators and staff as may
3be necessary and proper for the prompt and proper disposition of
4the business of all courts and [justices of the peace]
5magisterial district judges.

6(c)  The Supreme Court shall have the power to prescribe
7general rules governing practice, procedure and the conduct of
8all courts, [justices of the peace] magisterial district judges
9and all officers serving process or enforcing orders, judgments
10or decrees of any court or [justice of the peace] magisterial 
11district judge, including the power to provide for assignment
12and reassignment of classes of actions or classes of appeals
13among the several courts as the needs of justice shall require,
14and for admission to the bar and to practice law, and the
15administration of all courts and supervision of all officers of
16the Judicial Branch, if such rules are consistent with this
17Constitution and neither abridge, enlarge nor modify the
18substantive rights of any litigant, nor affect the right of the
19General Assembly to determine the jurisdiction of any court or
20[justice of the peace] magisterial district judge, nor suspend
21nor alter any statute of limitation or repose. All laws shall be
22suspended to the extent that they are inconsistent with rules
23prescribed under these provisions. Notwithstanding the
24provisions of this section, the General Assembly may by statute
25provide for the manner of testimony of child victims or child
26material witnesses in criminal proceedings, including the use of
27videotaped depositions or testimony by closed-circuit
28television.

29* * *

30(5)  That section 12 heading and (a) and (b) of Article V be

1amended to read:

2§ 12.  Qualifications of justices, judges and [justices of the
3peace] magisterial district judges.

4(a)  Justices, judges and [justices of the peace] magisterial 
5district judges shall be citizens of the Commonwealth. Justices
6and judges, except the judges of the traffic court in the City
7of Philadelphia, shall be members of the bar of the Supreme
8Court. Justices and judges of statewide courts, for a period of
9one year preceding their election or appointment and during
10their continuance in office, shall reside within the
11Commonwealth. Other judges and [justices of the peace]
12magisterial district judges, for a period of one year preceding
13their election or appointment and during their continuance in
14office, shall reside within their respective districts, except
15as provided in this article for temporary assignments.

16(b)  Judges of the traffic court in the City of Philadelphia
17and [justices of the peace] magisterial district judges shall be
18members of the bar of the Supreme Court or shall complete a
19course of training and instruction in the duties of their
20respective offices and pass an examination prior to assuming
21office. Such courses and examinations shall be as provided by
22law.

23(6)  That section 13 heading and (a) and (b) of Article V be
24amended to read:

25§ 13.  Election of justices, judges and [justices of the peace;]
26magisterial district judges; vacancies.

27(a)  Justices, judges and [justices of the peace] magisterial 
28district judges shall be elected at the municipal election next
29preceding the commencement of their respective terms of office
30by the electors of the Commonwealth or the respective districts

1in which they are to serve.

2(b)  A vacancy in the office of justice, judge or [justice of
3the peace] magisterial district judge shall be filled by
4appointment by the Governor. The appointment shall be with the
5advice and consent of two-thirds of the members elected to the
6Senate, except in the case of [justices of the peace]
7magisterial district judges which shall be by a majority. The
8person so appointed shall serve for a term ending on the first
9Monday of January following the next municipal election more
10than ten months after the vacancy occurs or for the remainder of
11the unexpired term whichever is less, except in the case of
12persons selected as additional judges to the Superior Court,
13where the General Assembly may stagger and fix the length of the
14initial terms of such additional judges by reference to any of
15the first, second and third municipal elections more than ten
16months after the additional judges are selected. The manner by
17which any additional judges are selected shall be provided by
18this section for the filling of vacancies in judicial offices.

19* * *

20(7)  That section 15 heading and (a) of Article V be amended
21to read:

22§ 15.  Tenure of justices, judges and [justices of the peace]
23magisterial district judges.

24(a)  The regular term of office of justices and judges shall
25be ten years and the regular term of office for judges of the
26municipal court and traffic court in the City of Philadelphia
27and of [justices of the peace] magisterial district judges shall
28be six years. The tenure of any justice or judge shall not be
29affected by changes in judicial districts or by reduction in the
30number of judges.

1* * *

2(8)  That section 16 of Article V be amended to read:

3§ 16.  Compensation and retirement of justices, judges and
4[justices of the peace] magisterial district judges.

5(a)  Justices, judges and [justices of the peace] magisterial 
6district judges shall be compensated by the Commonwealth as
7provided by law. Their compensation shall not be diminished
8during their terms of office, unless by law applying generally
9to all salaried officers of the Commonwealth.

10(b)  Justices, judges and [justices of the peace] magisterial 
11district judges shall be retired on the last day of the calendar
12year in which they attain the age of 70 years. Former and
13retired justices, judges and [justices of the peace] magisterial 
14district judges shall receive such compensation as shall be
15provided by law. Except as provided by law, no salary,
16retirement benefit or other compensation, present or deferred,
17shall be paid to any justice, judge or [justice of the peace]
18magisterial district judge who, under section 18 or under
19Article VI, is suspended, removed or barred from holding
20judicial office for conviction of a felony or misconduct in
21office or conduct which prejudices the proper administration of
22justice or brings the judicial office into disrepute.

23(c)  A former or retired justice or judge may, with his
24consent, be assigned by the Supreme Court on temporary judicial
25service as may be prescribed by rule of the Supreme Court.

26(9)  That section 17(b) and (c) of Article V be amended to
27read:

28§ 17.  Prohibited activities.

29* * *

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

1prohibited by law and shall not violate any canon of legal or
2judicial ethics prescribed by the Supreme Court. [Justices of
3the peace] Magisterial district judges shall be governed by
4rules or canons which shall be prescribed by the Supreme Court.

5(c)  No justice, judge or [justice of the peace] magisterial 
6district judge shall be paid or accept for the performance of
7any judicial duty or for any service connected with his office,
8any fee, emolument or perquisite other than the salary and
9expenses provided by law.

10* * *

11(10)  That section 18 of Article V be amended to read:

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

13(a)  There shall be an independent board within the Judicial
14Branch, known as the Judicial Conduct Board, the composition,
15powers and duties of which shall be as follows:

16(1)  The board shall be composed of 12 members, as follows:
17two judges, other than senior judges, one from the courts of
18common pleas and the other from either the Superior Court or the
19Commonwealth Court, one [justice of the peace] magisterial 
20district judge who need not be a member of the bar of the
21Supreme Court, three non-judge members of the bar of the Supreme
22Court and six non-lawyer electors.

23(2)  The judge from either the Superior Court or the
24Commonwealth Court, the [justice of the peace] magisterial 
25district judge, one non-judge member of the bar of the Supreme
26Court and three non-lawyer electors shall be appointed to the
27board by the Supreme Court. The judge from the courts of common
28pleas, two non-judge members of the bar of the Supreme Court and
29three non-lawyer electors shall be appointed to the board by the
30Governor.

1(3)  Except for the initial appointees whose terms shall be
2provided by the schedule to this article, the members shall
3serve for terms of four years. All members must be residents of
4this Commonwealth. No more than three of the six members
5appointed by the Supreme Court may be registered in the same
6political party. No more than three of the six members appointed
7by the Governor may be registered in the same political party.
8Membership of a judge or [justice of the peace] magisterial 
9district judge shall terminate if the member ceases to hold the
10judicial position that qualified the member for the appointment.
11Membership shall terminate if a member attains a position that
12would have rendered the member ineligible for appointment at the
13time of the appointment. A vacancy shall be filled by the
14respective appointing authority for the remainder of the term to
15which the member was appointed. No member may serve more than
16four consecutive years but may be reappointed after a lapse of
17one year. The Governor shall convene the board for its first
18meeting. At that meeting and annually thereafter, the members of
19the board shall elect a chairperson. The board shall act only
20with the concurrence of a majority of its members.

21(4)  No member of the board, during the member's term, may
22hold office in a political party or political organization.
23Except for a judicial member, no member of the board, during the
24member's term, may hold a compensated public office or public
25appointment. All members shall be reimbursed for expenses
26necessarily incurred in the discharge of their official duties.

27(5)  The board shall prescribe general rules governing the
28conduct of members. A member may be removed by the board for a
29violation of the rules governing the conduct of members.

30(6)  The board shall appoint a chief counsel and other staff,

1prepare and administer its own budget as provided by law,
2exercise supervisory and administrative authority over all board
3staff and board functions, establish and promulgate its own
4rules of procedure, prepare and disseminate an annual report and
5take other actions as are necessary to ensure its efficient
6operation. The budget request of the board shall be made by the
7board as a separate item in the request submitted by the Supreme
8Court on behalf of the Judicial Branch to the General Assembly.

9(7)  The board shall receive and investigate complaints
10regarding judicial conduct filed by individuals or initiated by
11the board; issue subpoenas to compel testimony under oath of
12witnesses, including the subject of the investigation, and to
13compel the production of documents, books, accounts and other
14records relevant to the investigation; determine whether there
15is probable cause to file formal charges against a justice,
16judge or [justice of the peace] magisterial district judge for
17conduct proscribed by this section; and present the case in
18support of the charges before the Court of Judicial Discipline.

19(8)  Complaints filed with the board or initiated by the
20board shall not be public information. Statements, testimony,
21documents, records or other information or evidence acquired by
22the board in the conduct of an investigation shall not be public
23information. A justice, judge or [justice of the peace]
24magisterial district judge who is the subject of a complaint
25filed with the board or initiated by the board or of an
26investigation conducted by the board shall be apprised of the
27nature and content of the complaint and afforded an opportunity
28to respond fully to the complaint prior to any probable cause
29determination by the board. All proceedings of the board shall
30be confidential except when the subject of the investigation

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

19(9)  If the board finds probable cause to file formal charges
20concerning mental or physical disability against a justice,
21judge or [justice of the peace] magisterial district judge, the
22board shall so notify the subject of the charges and provide the
23subject with an opportunity to resign from judicial office or,
24when appropriate, to enter a rehabilitation program prior to the
25filing of the formal charges with the Court of Judicial
26Discipline.

27(10)  Members of the board and its chief counsel and staff
28shall be absolutely immune from suit for all conduct in the
29course of their official duties. No civil action or disciplinary
30complaint predicated upon the filing of a complaint or other

1documents with the board or testimony before the board may be
2maintained against any complainant, witness or counsel.

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

5(1)  The court shall be composed of a total of eight members
6as follows: three judges other than senior judges from the
7courts of common pleas, the Superior Court or the Commonwealth
8Court, one [justice of the peace] magisterial district judge,
9two non-judge members of the bar of the Supreme Court and two
10non-lawyer electors. Two judges, the [justice of the peace]
11magisterial district judge and one non-lawyer elector shall be
12appointed to the court by the Supreme Court. One judge, the two
13non-judge members of the bar of the Supreme Court and one non-
14lawyer elector shall be appointed to the court by the Governor.

15(2)  Except for the initial appointees whose terms shall be
16provided by the schedule to this article, each member shall
17serve for a term of four years; however, the member, rather than
18the member's successor, shall continue to participate in any
19hearing in progress at the end of the member's term. All members
20must be residents of this Commonwealth. No more than two of the
21members appointed by the Supreme Court may be registered in the
22same political party. No more than two of the members appointed
23by the Governor may be registered in the same political party.
24Membership of a judge or [justice of the peace] magisterial 
25district judge shall terminate if the judge or [justice of the
26peace] magisterial district judge ceases to hold the judicial
27position that qualified the judge or [justice of the peace]
28magisterial district judge for appointment. Membership shall
29terminate if a member attains a position that would have
30rendered that person ineligible for appointment at the time of

1the appointment. A vacancy on the court shall be filled by the
2respective appointing authority for the remainder of the term to
3which the member was appointed in the same manner in which the
4original appointment occurred. No member of the court may serve
5more than four consecutive years but may be reappointed after a
6lapse of one year.

7(3)  The court shall prescribe general rules governing the
8conduct of members. A member may be removed by the court for a
9violation of the rules of conduct prescribed by the court. No
10member, during the member's term of service, may hold office in
11any political party or political organization. Except for a
12judicial member, no member of the court, during the member's
13term of service, may hold a compensated public office or public
14appointment. All members of the court shall be reimbursed for
15expenses necessarily incurred in the discharge of their official
16duties.

17(4)  The court shall appoint staff and prepare and administer
18its own budget as provided by law and undertake actions needed
19to ensure its efficient operation. All actions of the court,
20including disciplinary action, shall require approval by a
21majority vote of the members of the court. The budget request of
22the court shall be made as a separate item in the request by the
23Supreme Court on behalf of the Judicial Branch to the General
24Assembly. The court shall adopt rules to govern the conduct of
25proceedings before the court.

26(5)  Upon the filing of formal charges with the court by the
27board, the court shall promptly schedule a hearing or hearings
28to determine whether a sanction should be imposed against a
29justice, judge or [justice of the peace] magisterial district 
30judge pursuant to the provisions of this section. The court

1shall be a court of record, with all the attendant duties and
2powers appropriate to its function. Formal charges filed with
3the court shall be a matter of public record. All hearings
4conducted by the court shall be public proceedings conducted
5pursuant to the rules adopted by the court and in accordance
6with the principles of due process and the law of evidence.
7Parties appearing before the court shall have a right to
8discovery pursuant to the rules adopted by the court and shall
9have the right to subpoena witnesses and to compel the
10production of documents, books, accounts and other records as
11relevant. The subject of the charges shall be presumed innocent
12in any proceeding before the court, and the board shall have the
13burden of proving the charges by clear and convincing evidence.
14All decisions of the court shall be in writing and shall contain
15findings of fact and conclusions of law. A decision of the court
16may order removal from office, suspension, censure or other
17discipline as authorized by this section and as warranted by the
18record.

19(6)  Members of the court and the court's staff shall be
20absolutely immune from suit for all conduct in the course of
21their official duties, and no civil action or disciplinary
22complaint predicated on testimony before the court may be
23maintained against any witness or counsel.

24(c)  Decisions of the court shall be subject to review as
25follows:

26(1)  A justice, judge or [justice of the peace] magisterial 
27district judge shall have the right to appeal a final adverse
28order of discipline of the court. A judge or [justice of the
29peace] magisterial district judge shall have the right to appeal
30to the Supreme Court in a manner consistent with rules adopted

1by the Supreme Court; a justice shall have the right to appeal
2to a special tribunal composed of seven judges, other than
3senior judges, chosen by lot from the judges of the Superior
4Court and Commonwealth Court who do not sit on the Court of
5Judicial Discipline or the board, in a manner consistent with
6rules adopted by the Supreme Court. The special tribunal shall
7hear and decide the appeal in the same manner in which the
8Supreme Court would hear and decide an appeal from an order of
9the court.

10(2)  On appeal, the Supreme Court or special tribunal shall
11review the record of the proceedings of the court as follows: on
12the law, the scope of review is plenary; on the facts, the scope
13of review is clearly erroneous; and, as to sanctions, the scope
14of review is whether the sanctions imposed were lawful. The
15Supreme Court or special tribunal may revise or reject an order
16of the court upon a determination that the order did not sustain
17this standard of review; otherwise, the Supreme Court or special
18tribunal shall affirm the order of the court.

19(3)  An order of the court which dismisses a complaint
20against a judge or [justice of the peace] magisterial district 
21judge may be appealed by the board to the Supreme Court, but the
22appeal shall be limited to questions of law. An order of the
23court which dismisses a complaint against a justice of the
24Supreme Court may be appealed by the board to a special tribunal
25in accordance with paragraph (1), but the appeal shall be
26limited to questions of law.

27(4)  No justice, judge or [justice of the peace] magisterial 
28district judge may participate as a member of the board, the
29court, a special tribunal or the Supreme Court in any proceeding
30in which the justice, judge or [justice of the peace]

1magisterial district judge is a complainant, the subject of a
2complaint, a party or a witness.

3(d)  A justice, judge or [justice of the peace] magisterial 
4district judge shall be subject to disciplinary action pursuant
5to this section as follows:

6(1)  A justice, judge or [justice of the peace] magisterial 
7district judge may be suspended, removed from office or
8otherwise disciplined for conviction of a felony; violation of
9section 17 of this article; misconduct in office; neglect or
10failure to perform the duties of office or conduct which
11prejudices the proper administration of justice or brings the
12judicial office into disrepute, whether or not the conduct
13occurred while acting in a judicial capacity or is prohibited by
14law; or conduct in violation of a canon or rule prescribed by
15the Supreme Court. In the case of a mentally or physically
16disabled justice, judge or [justice of the peace] magisterial 
17district judge, the court may enter an order of removal from
18office, retirement, suspension or other limitations on the
19activities of the justice, judge or [justice of the peace]
20magisterial district judge as warranted by the record. Upon a
21final order of the court for suspension without pay or removal,
22prior to any appeal, the justice, judge or [justice of the
23peace] magisterial district judge shall be suspended or removed
24from office; and the salary of the justice, judge or [justice of
25the peace] magisterial district judge shall cease from the date
26of 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] magisterial district judge
30against whom formal charges have been filed with the court by

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

5(3)  A justice, judge or [justice of the peace] magisterial 
6district judge 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(4)  A justice, judge or [justice of the peace] magisterial 
11district judge who files for nomination for or election to any
12public office other than a judicial office shall forfeit
13automatically his judicial office.

14(5)  This section is in addition to and not in substitution
15for the provisions for impeachment for misbehavior in office
16contained in Article VI. No justice, judge or [justice of the
17peace] magisterial district judge against whom impeachment
18proceedings are pending in the Senate shall exercise any of the
19duties of office until acquittal.

20(11)  That section 7 of the Schedule to Article V be amended
21to read:

22§ 7.  Community courts.

23In a judicial district which establishes a community court, a
24person serving as a [justice of the peace] magisterial district 
25judge at such time:

26(a)  May complete his term exercising the jurisdiction
27provided by law and with the compensation provided by law, and

28(b)  Upon completion of his term, his office is abolished and
29no judicial function of the kind heretofore exercised by a
30[justice of the peace] magisterial district judge shall

1thereafter be exercised other than by the community court.

2(12)  That the undesignated subdivision heading preceding
3section 8 of the Schedule to Article V be amended to read:

4JUSTICES, JUDGES AND [JUSTICES OF THE PEACE]

5MAGISTERIAL DISTRICT JUDGES

6(13)  That section 8 of the Schedule to Article V be amended
7to read:

8§ 8.  Justices, judges and [justices of the peace] magisterial 
9district judges.

10Notwithstanding any provision in the article, a present
11justice, judge or [justice of the peace] magisterial district 
12judge may complete his term of office.

13(14)  That the undesignated subdivision heading preceding
14section 12 of the Schedule to Article V be amended to read:

15MAGISTRATES, ALDERMEN AND [JUSTICES OF THE PEACE]

16MAGISTERIAL DISTRICT JUDGES AND

17MAGISTERIAL DISTRICTS OTHER THAN IN THE CITY

18OF PHILADELPHIA

19(15)  That section 12 of the Schedule to Article V be amended
20to read:

21§ 12.  Magistrates, aldermen and [justices of the peace]
22magisterial district judges.

23An alderman, [justice of the peace] magisterial district 
24judge or magistrate:

25(a)  May complete his term, exercising the jurisdiction
26provided by law and with the method of compensation provided by
27law prior to the adoption of this article;

28(b)  Shall be deemed to have taken and passed the examination
29required by this article for [justices of the peace] magisterial 
30district judges if he has completed one full term of office

1before creation of a magisterial district, and

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

3(d)  Except for officers completing their terms, after the
4first Monday in January, 1970, no judicial function of the kind
5heretofore exercised by these officers, by mayors and like
6officers in municipalities shall be exercised by any officer
7other than the one [justice of the peace] magisterial district 
8judge elected or appointed to serve in that magisterial
9district.

10(16)  That section 13 of the Schedule to Article V be amended
11to read:

12§ 13.  Magisterial districts.

13So that the provisions of this article regarding the
14establishment of magisterial districts and the instruction and
15examination of [justices of the peace] magisterial district 
16judges may be self-executing, until otherwise provided by law in
17a manner agreeable to this article, the following provisions
18shall be in force:

19(a)  The Supreme Court or the courts of common pleas under
20the direction of the Supreme Court shall fix the number and
21boundaries of magisterial districts of each class within each
22judicial district by January 1, 1969, and these magisterial
23districts, except where a community court has been adopted,
24shall come into existence on January 1, 1970, the [justices of
25the peace] magisterial district judges thereof to be elected at
26the municipal election in 1969. These [justices of the peace]
27magisterial district judges shall retain no fine, costs or any
28other sum that shall be delivered into their hands for the
29performance of any judicial duty or for any service connected
30with their offices, but shall remit the same to the

1Commonwealth, county, municipal subdivision, school district or
2otherwise as may be provided by law.

3(b)  Classes of magisterial districts.

4(i)  Magisterial districts of the first class shall have a
5population density of more than 5,000 persons per square mile
6and a population of not less than 65,000 persons.

7(ii)  Magisterial districts of the second class shall have a
8population density of between 1,000 and 5,000 persons per square
9mile and a population of between 20,000 persons and 65,000
10persons.

11(iii)  Magisterial districts of the third class shall have a
12population density of between 200 and 1,000 persons per square
13mile and a population of between 12,000 persons and 20,000
14persons.

15(iv)  Magisterial districts of the fourth class shall have a
16population density of between 70 and 200 persons per square mile
17and a population of between 7,500 persons and 12,000 persons.

18(v)  Magisterial districts of the fifth class shall have a
19population density of under 70 persons per square mile and a
20population of between 4,000 persons and 7,500 persons.

21(c)  Salaries of [justices of the peace] magisterial district 
22judges.

23The salaries of the [justices of the peace] magisterial 
24district judges shall be as follows:

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

26(ii)  In second class magisterial districts, $10,000 per
27year,

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

29(iv)  In fourth and fifth class magisterial districts, $5,000
30per year.

1(v)  The salaries here fixed shall be paid by the State
2Treasurer and for such payment this article and schedule shall
3be sufficient warrant.

4(d)  Course of training, instruction and examination. The
5course of training and instruction and examination in civil and
6criminal law and procedure for a [justice of the peace]
7magisterial district judge shall be devised by the Department of
8Public Instruction, and it shall administer this course and
9examination to insure that [justices of the peace] magisterial 
10district judges are competent to perform their duties.

11(17)  That section 14 of the Schedule to Article V be amended
12to read:

13§ 14.  Magisterial districts.

14Effective immediately upon establishment of magisterial
15districts and until otherwise prescribed the civil and criminal
16procedural rules relating to venue shall apply to magisterial
17districts; all proceedings before aldermen, magistrates and
18[justices of the peace] magisterial district judges shall be
19brought in and only in a magisterial district in which occurs an
20event which would give rise to venue in a court of record; the
21court of common pleas upon its own motion or on application at
22any stage of proceedings shall transfer any proceeding in any
23magisterial district to the [justice of the peace] magisterial 
24district judge for the magisterial district in which proper
25venue lies.

26(18)  That section 21 of the Schedule to Article V be amended
27to read:

28§ 21.  Inferior courts.

29Upon the establishment of magisterial districts pursuant to
30this article and schedule, and unless otherwise provided by law,

1the police magistrates, including those serving in the traffic
2court, the housing court and the city court shall continue as at
3present. Such magistrates shall be part of the unified judicial
4system and shall be subject to the general supervisory and
5administrative authority of the Supreme Court. Such magistrates
6shall be subject to the provisions of this article and schedule
7regarding educational requirements and prohibited activities of
8[justices of the peace] magisterial district judges.

9(19)  That section 22 of the Schedule to Article V be amended
10to read:

11§ 22.  Causes, proceedings, books and records.

12All causes and proceedings pending in any abolished court or
13office of the [justice of the peace] magisterial district judge
14shall be determined and concluded by the court to which
15jurisdiction of the proceedings has been transferred under this
16schedule and all books, dockets and records of any abolished
17court or office of the [justice of the peace] magisterial 
18district judge shall become those of the court to which, under
19this schedule, jurisdiction of the proceedings concerned has
20been transferred.

21(20)  That section 24(b) and (c) of the Schedule to Article V
22be amended to read:

23§ 24.  Judicial discipline.

24* * *

25(b)  Of the members initially appointed to the Judicial
26Conduct Board, the judge appointed by the Supreme Court shall
27serve a four-year term, and the judge appointed by the Governor
28shall serve a three-year term. The [justice of the peace]
29magisterial district judge initially appointed shall serve a
30two-year term. Of the three non-judge members of the bar of the

1Supreme Court initially appointed, the first appointed by the
2Governor shall serve a three-year term, the next appointed by
3the Governor shall serve a two-year term, and the non-judge
4member of the bar of the Supreme Court appointed by the Supreme
5Court shall serve a one-year term. Of the six non-lawyer
6electors initially appointed, the first appointed by the
7Governor and the first appointed by the Supreme Court shall
8serve a four-year term, the next appointed by the Governor and
9the next appointed by the Supreme Court shall serve a three-year
10term, and the next appointed by the Governor and the next
11appointed by the Supreme Court shall serve a two-year term.

12(c)  Of the three judges initially appointed to the Court of
13Judicial Discipline, the first appointed by the Supreme Court
14shall serve a four-year term, the next appointed by the Supreme
15Court shall serve a three-year term, and the judge appointed by
16the Governor shall serve a two-year term. The [justice of the
17peace] magisterial district judge initially appointed shall
18serve a one-year term. Of the non-judge members of the bar
19initially appointed, the first appointed shall serve a four-year
20term, and the next appointed shall serve a three-year term. Of
21the two non-lawyer electors initially appointed, the non-lawyer
22elector appointed by the Governor shall serve a three-year term,
23and the non-lawyer elector appointed by the Supreme Court shall
24serve a two-year term.

25(21)  That section 26 of the Schedule to Article V be amended
26to read:

27§ 26.  Writs of certiorari.

28Unless and until changed by rule of the Supreme Court, in
29addition to the right of appeal under section 9 of this article,
30the judges of the courts of common pleas, within their

1respective judicial districts, shall have power to issue writs
2of certiorari to the municipal court in the City of
3Philadelphia, [justices of the peace] magisterial district 
4judges and inferior courts not of record and to cause their
5proceedings to be brought before them, and right and justice to
6be done.

7Section 2.  (a)  Upon the first passage by the General
8Assembly of these proposed constitutional amendments, the
9Secretary of the Commonwealth shall proceed immediately to
10comply with the advertising requirements of section 1 of Article
11XI of the Constitution of Pennsylvania and shall transmit the
12required advertisements to two newspapers in every county in
13which such newspapers are published in sufficient time after
14passage of these proposed constitutional amendments.

15(b)  Upon the second passage by the General Assembly of these
16proposed constitutional amendments, the Secretary of the
17Commonwealth shall proceed immediately to comply with the
18advertising requirements of section 1 of Article XI of the
19Constitution of Pennsylvania and shall transmit the required
20advertisements to two newspapers in every county in which such
21newspapers are published in sufficient time after passage of
22these proposed constitutional amendments. The Secretary of the
23Commonwealth shall submit the proposed constitutional amendments
24under section 1 to the qualified electors of this Commonwealth
25as a single ballot question at the first primary, general or
26municipal election which meets the requirements of and is in
27conformance with section 1 of Article XI of the Constitution of
28Pennsylvania and which occurs at least three months after the
29proposed constitutional amendments are passed by the General
30Assembly.