H0111B1699A01204 MSP:EJH 05/09/17 #90 A01204
AMENDMENTS TO HOUSE BILL NO. 111
Sponsor: REPRESENTATIVE DIAMOND
Printer's No. 1699
Amend Bill, page 1, lines 1 through 3, by striking out all of
said lines and inserting
Proposing integrated amendments to the Constitution of the
Commonwealth of Pennsylvania, in the Judiciary, further
providing for the Supreme Court, for the Superior Court, for
the Commonwealth Court and for judicial districts and
boundaries.
Amend Bill, page 1, lines 6 through 17; pages 2 through 11,
lines 1 through 30; page 12, lines 1 through 21; by striking out
all of said lines on said pages and inserting
Section 1. The following integrated amendments to the
Constitution of Pennsylvania are proposed in accordance with
Article XI:
(1) That section 2 of Article V be amended to read:
§ 2. Supreme Court.
The Supreme Court (a) shall be the highest court of the
Commonwealth and in this court shall be reposed the supreme
judicial power of the Commonwealth;
(b) shall consist of seven justices, to be elected from
seven judicial districts which shall be established by law, one
of whom shall be the Chief Justice; and
(c) shall have such jurisdiction as shall be provided by
law.
(2) That section 3 of Article V be amended to read:
§ 3. Superior Court.
The Superior Court shall be a statewide court, and shall
consist of [the number of judges, which shall be not less than
seven judges] 15 judges, to be elected from 15 judicial
districts which shall be established by law, and have such
jurisdiction as shall be provided by this Constitution or by the
General Assembly. One of its judges shall be the president
judge.
(3) That section 4 of Article V be amended to read:
§ 4. Commonwealth Court.
The Commonwealth Court shall be a statewide court, and shall
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consist of [the number of judges] nine judges, to be elected
from nine judicial districts which shall be established by law,
and have such jurisdiction as shall be provided by law. One of
its judges shall be the president judge.
(4) That section 11 of Article V be amended to read:
§ 11. Judicial districts; boundaries.
[The number and boundaries of judicial districts shall be
changed by the General Assembly only with the advice and consent
of the Supreme Court.]
(a) The number of judges and justices of the Supreme Court,
the Superior Court and the Commonwealth Court elected from each
judicial district shall provide every resident of the
Commonwealth with approximately equal representation on a court.
Each judicial district shall be composed of compact and
contiguous territory as nearly equal in population as
practicable. Each judicial district shall elect one judge or
justice. Unless absolutely necessary, no county, city,
incorporated town, borough, township or ward may be divided in
forming a judicial district.
(b) The General Assembly shall, by law, establish:
(1) The judicial districts from which justices of the
Supreme Court and the judges of the Superior Court and the
Commonwealth Court are elected.
(2) A transition to an appellate court judiciary elected
from judicial districts.
(3) The effect of set judicial districts upon eligibility to
seek retention election.
(4) The order in which judicial districts shall elect
justices of the Supreme Court and judges of the Superior Court
and the Commonwealth Court.
(5) The decennial realignment of the appellate judicial
districts based on the Federal decennial census, beginning in
2021 and occurring each ten years thereafter.
(c) Residency qualification for election or appointment to
the Supreme Court, the Superior Court and the Commonwealth Court
shall be established by the General Assembly.
(d) Except as provided under subsection (b) and section
7(b), the number and boundaries of all other judicial districts
shall be established by the General Assembly by law, with the
advice and consent of the Supreme Court.
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
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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 submit the proposed constitutional amendments
under section 1 to the qualified electors of this Commonwealth
as a single 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 amendments are passed by the General
Assembly.
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