PRIOR PASSAGE - NONE
PRINTER'S NO. 363
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
396
Session of
2023
INTRODUCED BY KAUFFMAN, HAMM, GREINER, KEEFER, GROVE, FLICK,
M. JONES, ROWE, MOUL, GLEIM, GILLEN AND T. JONES,
MARCH 14, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 14, 2023
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, further providing for tenure of justices,
judges and justices of the peace.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That section 15 of Article V be amended to read:
ยง 15. Tenure of justices, judges and justices of the peace.
(a) The regular term of office of justices and judges shall
be ten years and the regular term of office for judges of the
municipal court in the City of Philadelphia and of justices of
the peace shall be six years. The tenure of any justice or judge
shall not be affected by changes in judicial districts or by
reduction in the number of judges.
(b) [A] Except as provided under this section 15(c), a
justice or judge elected under section 13(a), appointed under
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section 13(d) or retained under this section 15(b) may file a
declaration of candidacy for retention election with the officer
of the Commonwealth who under law shall have supervision over
elections on or before the first Monday of January of the year
preceding the year in which his term of office expires. If no
declaration is filed, a vacancy shall exist upon the expiration
of the term of office of such justice or judge, to be filled by
election under section 13(a) or by appointment under section
13(d) if applicable. If a justice or judge files a declaration,
his name shall be submitted to the electors without party
designation, on a separate judicial ballot or in a separate
column on voting machines, at the municipal election immediately
preceding the expiration of the term of office of the justice or
judge, to determine only the question whether he shall be
retained in office. If a majority is against retention, a
vacancy shall exist upon the expiration of his term of office,
to be filled by appointment under section 13(b) or under section
13(d) if applicable. If a majority favors retention, the justice
or judge shall serve for the regular term of office provided
herein, unless sooner removed or retired. At the expiration of
each term a justice or judge shall be eligible for retention as
provided herein, subject only to the retirement provisions of
this article.
(c) A justice of the Supreme Court shall be eligible to
serve two terms. A justice of the Supreme Court who shall have
exceeded the term limitation prescribed under this subsection
shall be permitted to complete their current term in office.
Section 2. The following procedure applies to the proposed
constitutional amendment in this joint resolution:
(1) Upon the first passage by the General Assembly of
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the amendment, 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.
(2) Upon the second passage by the General Assembly of
the amendment, 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. The Secretary of the Commonwealth shall
submit the amendment to the qualified electors of this
Commonwealth at the first primary, general or municipal
election which meets the requirements of section 1 of Article
XI of the Constitution of Pennsylvania.
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