PRINTER'S NO. 2635
No. 402 Session of 2003
INTRODUCED BY DeWEESE, BISHOP, WASHINGTON, VEON, JAMES, BEBKO-
JONES, BUXTON, CURRY, DERMODY, FAIRCHILD, FREEMAN, HENNESSEY,
JOSEPHS, LEACH, RIEGER, SHANER, WALKO, WHEATLEY, OLIVER,
THOMAS, BROWNE, CRUZ, DALEY, D. EVANS, FRANKEL, GOODMAN,
HERSHEY, LAUGHLIN, MANDERINO, ROEBUCK, STURLA AND YOUNGBLOOD,
SEPTEMBER 29, 2003
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 29, 2003
A RESOLUTION
1 Establishing a task force to study and implement the
2 recommendations outlined in the "Final Report of the
3 Pennsylvania Supreme Court Committee on Racial and Gender
4 Bias in the Justice System."
5 WHEREAS, Despite persistent progress in combating
6 institutionalized racial, gender and ethnic biases, these biases
7 persist in the administration of justice; and
8 WHEREAS, De facto denial of equal justice under the law is
9 contrary to our fundamental system of government, adversely
10 impacts affected individuals and works to erode public
11 confidence in our judiciary; and
12 WHEREAS, As early as 1982, state courts and bar associations
13 nationwide began to investigate the nature and extent of
14 institutional biases in the courts and justice system; and
15 WHEREAS, In the ensuing decades, nearly all 50 states and
16 most Federal courts established task forces to investigate and
17 compile recommendations designed to eliminate racial, gender and
1 ethnic bias in the courts and justice system; and
2 WHEREAS, Nationwide and almost without exception the task
3 forces' final reports spoke with a consistent voice by
4 concluding that racial, gender and ethnic biases permeated the
5 judiciary; and
6 WHEREAS, In 1993 the Philadelphia Bar Association petitioned
7 the Pennsylvania Supreme Court to appoint a special commission
8 to examine the issue of race and ethnicity in the Philadelphia
9 courts; and
10 WHEREAS, In 1999 the Supreme Court appointed the Committee on
11 Racial and Gender Bias in the Justice System (hereinafter, the
12 Committee) to investigate the issue of race and gender in the
13 State court system, determine whether racial and gender bias
14 plays a role in the administration of justice and compose a
15 report of its findings and recommendations; and
16 WHEREAS, In establishing the Committee and commissioning the
17 report, the Supreme Court recognized that bias cannot be
18 tolerated in the courts and the justice system, that the Supreme
19 Court must actively work to address biases, real or perceived,
20 within the court system and must take a leadership role to
21 ensure that public confidence in the courts and the judicial
22 process is not undermined; and
23 WHEREAS, The Committee was instructed to present its findings
24 and recommendations to the Supreme Court upon completion of its
25 investigation, which findings and recommendations could be
26 pursued to eliminate racial and gender biases in the
27 administration of justice in this Commonwealth; and
28 WHEREAS, The Committee presented its final report, the "Final
29 Report of the Pennsylvania Supreme Court Committee on Racial and
30 Gender Bias in the Justice System," to the Supreme Court on
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1 March 3, 2003; and
2 WHEREAS, Although the Committee garnered many positive
3 comments relative to the administration of justice in
4 Pennsylvania, the Committee found that racial, ethnic and gender
5 bias does exist and "that it infects the justice system at many
6 key points in both overt and subtle ways"; and
7 WHEREAS, The Supreme Court recognized that the courts are an
8 institution in which all citizens must be treated with equality
9 and fairness and that bias of any kind in the courts and justice
10 system is intolerable and must be eliminated; and
11 WHEREAS, In order to achieve fairness and equality in the
12 administration of justice, the Committee concluded that
13 Pennsylvania courts must undergo reform; and
14 WHEREAS, The Committee made specific recommendations for
15 reform which were addressed not only to the judiciary but to the
16 Governor, the General Assembly, the Department of Public
17 Welfare, the Attorney General and district attorneys, public
18 defenders, the Pennsylvania Bar Association, trial courts, the
19 private bar, law enforcement officers and agencies, county
20 administrators and court administrators; and
21 WHEREAS, The Supreme Court has initiated efforts to institute
22 the recommendations directed toward the Pennsylvania courts and
23 the judiciary; and
24 WHEREAS, It is the duty and responsibility of the General
25 Assembly as a deliberative body, constitutionally vested with
26 legislative power, to work with the Supreme Court and the other
27 entities to which recommendations were addressed to ensure that
28 appropriate laws are enacted to eliminate biases in the
29 administration of justice in this Commonwealth; therefore be it
30 RESOLVED, That the House of Representatives appoint an
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1 advisory committee on racial and gender bias in the justice
2 system to further the work of the Supreme Court's Committee on
3 Racial and Gender Bias in the Justice System; and be it further
4 RESOLVED, That members of the advisory committee shall be
5 appointed as follows:
6 (1) The Speaker of the House of Representatives in
7 consultation with the Majority Leader shall appoint five
8 legislative members.
9 (2) The Minority Leader of the House of Representatives
10 shall appoint five legislative members.
11 (3) The Speaker and Minority Leader of the House of
12 Representatives shall collaborate in the appointment of an
13 eleventh member to act as chairperson of the advisory
14 committee and a twelfth member to act as vice chairperson,
15 which persons may be members of the Pennsylvania Bar
16 Association, local bar associations or persons from academia
17 knowledgeable in matters related to the administration and
18 operation of Pennsylvania courts and the justice system;
19 and be it further
20 RESOLVED, That all appointments to the advisory committee
21 shall be made within 30 days of the adoption of this resolution;
22 and be it further
23 RESOLVED, That the appointing authorities shall provide
24 support staff as needed to assist with the work of the advisory
25 committee; and be it further
26 RESOLVED, That the advisory committee shall have the
27 authority to appoint subcommittees to study the recommendations
28 of the Committee which the Supreme Court has no authority to
29 address for the purpose of determining how such recommendations
30 may be implemented; and be it further
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1 RESOLVED, That the advisory committee may review the findings
2 and recommendations of task forces established by other states
3 to address racial, gender and ethnic bias in the courts and
4 justice system to determine whether any of their findings should
5 be considered as reform measures in this Commonwealth; and be it
6 further
7 RESOLVED, That the advisory committee shall develop
8 legislation to implement the legislative and other
9 recommendations presented by the Committee in its final report
10 which could be implemented through the enactment of legislation;
11 and be it further
12 RESOLVED, That the nonlegislative members of the advisory
13 committee shall receive no compensation for their work, but
14 members shall be entitled to reimbursement for all reasonable
15 and necessary expenses incurred or authorized by the advisory
16 committee and paid from accounts under the control of the Chief
17 Clerk; and be it further
18 RESOLVED, That the advisory committee shall present a report
19 of its work, including legislative proposals, to the Speaker of
20 the House of Representatives and the Chief Justice of the
21 Supreme Court no later than March 31, 2004, or no later than
22 three months thereafter if the advisory committee determines
23 that such additional time is required to complete its work.
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