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PRIOR PASSAGE - NONE
PRINTER'S NO. 2167
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1909
Session of
2021
INTRODUCED BY DOWLING, RYAN, KAUFFMAN, GROVE, DIAMOND, SMITH,
STAMBAUGH AND KEEFER, SEPTEMBER 27, 2021
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 27, 2021
A JOINT RESOLUTION
Proposing separate and distinct amendments to the Constitution
of the Commonwealth of Pennsylvania, in the judiciary,
further providing for suspension, removal, discipline and
other sanctions.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following separate and distinct amendments to
the Constitution of Pennsylvania are proposed in accordance with
Article XI:
(1) That section 18(a)(1), (2) and (3) of Article V be
amended to read:
§ 18. Suspension, removal, discipline and other sanctions.
(a) There shall be an independent board within the Judicial
Branch, known as the Judicial Conduct Board, the composition,
powers and duties of which shall be as follows:
(1) The board shall be composed of [12] 18 members, as
follows: two judges, other than senior judges, one from the
courts of common pleas and the other from either the Superior
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Court or the Commonwealth Court, one justice of the peace who
need not be a member of the bar of the Supreme Court, three non-
judge members of the bar of the Supreme Court and [six] 12 non-
lawyer electors.
(2) The judge from either the Superior Court or the
Commonwealth Court, the justice of the peace, one non-judge
member of the bar of the Supreme Court and three non-lawyer
electors shall be appointed to the board by the Supreme Court.
The judge from the courts of common pleas, two non-judge members
of the bar of the Supreme Court and three non-lawyer electors
shall be appointed to the board by the Governor. Three non-
lawyer electors shall be appointed by the President pro tempore
of the Senate. Three non-lawyer electors shall be appointed by
the Speaker of the House of Representatives.
(3) Except for the initial appointees whose terms shall be
provided by the schedule to this article, the members shall
serve for terms of four years. All members must be residents of
this Commonwealth. No more than three of the six members
appointed by the Supreme Court may be registered in the same
political party. No more than three of the six members appointed
by the Governor may be registered in the same political party.
Membership of a judge or justice of the peace shall terminate if
the member ceases to hold the judicial position that qualified
the member for the appointment. No more than two of the three
members appointed by the President pro tempore may be registered
in the same political party. No more than two of the three
members appointed by the Speaker of the House of Representatives
may be registered in the same political party. Membership shall
terminate if a member attains a position that would have
rendered the member ineligible for appointment at the time of
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the appointment. A vacancy shall be filled by the respective
appointing authority for the remainder of the term to which the
member was appointed. No member may serve more than four
consecutive years but may be reappointed after a lapse of one
year. The Governor shall convene the board for its first
meeting. At that meeting and annually thereafter, the members of
the board shall elect a chairperson. The board shall act only
with the concurrence of a majority of its members.
* * *
(2) That section 18(b)(1) of Article V be amended to read:
§ 18. Suspension, removal, discipline and other sanctions.
* * *
(b) There shall be a Court of Judicial Discipline, the
composition, powers and duties of which shall be as follows:
(1) The court shall be composed of a total of [eight] 12
members as follows: three judges other than senior judges from
the courts of common pleas, the Superior Court or the
Commonwealth Court, one justice of the peace, [two] four non-
judge members of the bar of the Supreme Court and [two] four
non-lawyer electors. Two judges, the justice of the peace and
one non-lawyer elector shall be appointed to the court by the
Supreme Court. One judge, [the] two non-judge members of the bar
of the Supreme Court and one non-lawyer elector shall be
appointed to the court by the Governor. One non-judge member of
the bar of the Supreme Court and one non-lawyer elector shall be
appointed by the President pro tempore of the Senate. One non-
judge member of the bar of the Supreme Court and one non-lawyer
elector shall be appointed by the Speaker of the House of
Representatives.
* * *
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Section 2. (a) Upon the first passage by the General
Assembly of these proposed constitutional amendments, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
passage of these proposed constitutional amendments.
(b) Upon the second passage by the General Assembly of these
proposed constitutional amendments, the Secretary of the
Commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
these proposed constitutional amendments. The Secretary of the
Commonwealth shall:
(1) Submit the proposed constitutional amendment under
section 1(1) of this resolution to the qualified electors of
this Commonwealth as a separate ballot question at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of
Article XI of the Constitution of Pennsylvania and which
occurs at least three months after the proposed
constitutional amendment is passed by the General Assembly.
(2) Submit the proposed constitutional amendment under
section 1(2) of this resolution to the qualified electors of
this Commonwealth as a separate ballot question at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of
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Article XI of the Constitution of Pennsylvania and which
occurs at least three months after the proposed
constitutional amendment is passed by the General Assembly.
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