HOUSE AMENDED
PRIOR PRINTER'S NOS. 238, 1196, 1457, PRINTER'S NO. 1516
1488
No. 236 Session of 1977
INTRODUCED BY HILL, LYNCH, ZEMPRELLI, SNYDER, SWEENEY, MURRAY,
JUBELIRER, STAUFFER, FLEMING, FRAME, SCANLON, HAGER AND
REIBMAN, FEBRUARY 7, 1977
AS RE-REPORTED FROM COMMITTEE ON JUDICIARY, AS AMENDED, HOUSE
OF REPRESENTATIVES, DECEMBER 6, 1977
AN ACT
1 Amending the act of January 6, 1970 (1969 P.L.434, No.185), <--
2 entitled "An act relating to the Commonwealth Court,
3 implementing section 4 of Article V of the Constitution of
4 the Commonwealth of Pennsylvania," increasing TO INCREASE the <--
5 number of judges of the court COMMONWEALTH COURT and <--
6 providing for their appointment; TO PROVIDE FOR TWO <--
7 ADDITIONAL LAW JUDGES OF THE COURT OF COMMON PLEAS OF THE
8 SECOND JUDICIAL DISTRICT, ONE ADDITIONAL LAW JUDGE OF THE
9 COURT OF COMMON PLEAS OF THE THIRD JUDICIAL DISTRICT, ONE
10 ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF THE
11 SIXTH JUDICIAL DISTRICT, ONE ADDITIONAL LAW JUDGE OF THE
12 COURT OF COMMON PLEAS OF THE SEVENTH JUDICIAL DISTRICT, ONE
13 ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF THE
14 NINTH JUDICIAL DISTRICT, ONE ADDITIONAL LAW JUDGE OF THE
15 COURT OF COMMON PLEAS OF THE TENTH JUDICIAL DISTRICT, ONE
16 ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF THE
17 FIFTEENTH JUDICIAL DISTRICT, ONE ADDITIONAL LAW JUDGE OF THE
18 COURT OF COMMON PLEAS OF THE NINETEENTH JUDICIAL DISTRICT,
19 ONE ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF THE
20 TWENTY-THIRD JUDICIAL DISTRICT, ONE ADDITIONAL LAW JUDGE OF
21 THE COURT OF COMMON PLEAS OF THE TWENTY-FOURTH JUDICIAL
22 DISTRICT, ONE ADDITIONAL LAW JUDGE OF THE COURT OF COMMON
23 PLEAS OF THE TWENTY-NINTH JUDICIAL DISTRICT, ONE ADDITIONAL
24 LAW JUDGE OF THE COURT OF COMMON PLEAS OF THE THIRTY-FIRST
25 JUDICIAL DISTRICT, TWO ADDITIONAL LAW JUDGES OF THE COURT OF
26 COMMON PLEAS OF THE THIRTY-SECOND JUDICIAL DISTRICT, THREE
27 ADDITIONAL LAW JUDGES OF THE COURT OF COMMON PLEAS OF THE
28 THIRTY-EIGHTH JUDICIAL DISTRICT, ONE ADDITIONAL LAW JUDGE OF
29 THE COURT OF COMMON PLEAS OF THE FORTY-NINTH JUDICIAL
30 DISTRICT AND ONE ADDITIONAL LAW JUDGE OF THE COURT OF COMMON
1 PLEAS OF THE FIFTIETH JUDICIAL DISTRICT AND TO PROVIDE THREE
2 ADDITIONAL JUDGES OF THE TRAFFIC COURT OF PHILADELPHIA.
3 AMENDING THE ACT OF JANUARY 6, 1970 (1969 P.L.434, NO.185), <--
4 ENTITLED "AN ACT RELATING TO THE COMMONWEALTH COURT,
5 IMPLEMENTING SECTION 4 OF ARTICLE V OF THE CONSTITUTION OF
6 THE COMMONWEALTH OF PENNSYLVANIA," INCREASING THE NUMBER OF
7 JUDGES OF THE COURT AND PROVIDING FOR THEIR APPOINTMENT.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 2, act of January 6, 1970 (1969 P.L.434, <--
11 No.185), known as "The Commonwealth Court Act," is amended to
12 read:
13 Section 2. Establishment and Composition of Commonwealth
14 Court.--(a) Pursuant to section 4 of Article V of the
15 Constitution of the Commonwealth of Pennsylvania and section 3
16 of the Schedule thereto, a court of record of statewide original
17 and appellate jurisdiction, to be known as the Commonwealth
18 Court, is established to be composed of seven judges who shall
19 be citizens of the Commonwealth and members of the bar of the
20 Supreme Court of the Commonwealth and who shall, for a period of
21 one year preceding their election or appointment and during
22 their continuance in office, reside within the Commonwealth.
23 (b) In order to increase the number of judges of the
24 Commonwealth Court so that the court shall hereafter be composed
25 of nine judges, two additional judges are hereby provided for
26 who shall possess the qualifications prescribed in subsection
27 (a) and who shall be appointed and elected as provided in
28 subsection (j) of section 3.
29 Section 2. Section 3 of the act is amended by adding a
30 subsection to read:
31 Section 3. Appointment and Election of Judges; Terms.--* * *
32 (j) In order to implement the purposes of this act and upon
33 its effective date, the Governor shall appoint in the manner and
19770S0236B1516 - 2 -
1 for the term prescribed by section 13 of Article V of the
2 Constitution of Pennsylvania pertaining to vacancy in the office
3 of judge, two appointees: Provided, That both appointees shall
4 not be members of the same political party. No judge appointed
5 pursuant to this subsection shall be authorized prior to the
6 expiration of his appointive term to file a declaration of
7 candidacy for retention as provided in section 15 of Article V
8 of the Constitution of Pennsylvania. The election of judges as
9 to these two additional judgeships shall be as prescribed by
10 subsection (i).
11 SECTION 1. (A) IN ADDITION TO THE JUDGES PROVIDED FOR IN <--
12 THE ACT OF JANUARY 6, 1970 (1969 P.L.434, NO.185), KNOWN AS "THE
13 COMMONWEALTH COURT ACT," TWO ADDITIONAL JUDGES ARE HEREBY
14 AUTHORIZED AND PROVIDED FOR THE COMMONWEALTH COURT.
15 (B) THE ADDITIONAL JUDGES SHALL POSSESS THE QUALIFICATIONS
16 PRESCRIBED IN SECTION 2 OF "THE COMMONWEALTH COURT ACT."
17 (C) THE GOVERNOR SHALL APPOINT THE ADDITIONAL JUDGES IN THE
18 MANNER AND FOR THE TERM PRESCRIBED BY SECTION 13 OF ARTICLE V OF
19 THE CONSTITUTION OF PENNSYLVANIA PERTAINING TO VACANCY IN THE
20 OFFICE OF JUDGE: PROVIDED, THAT BOTH APPOINTEES SHALL NOT BE
21 MEMBERS OF THE SAME POLITICAL PARTIES. NO JUDGE APPOINTED
22 PURSUANT TO THIS SUBSECTION SHALL BE AUTHORIZED PRIOR TO THE
23 EXPIRATION OF HIS APPOINTIVE TERM TO FILE A DECLARATION OF
24 CANDIDACY FOR RETENTION AS PROVIDED IN SECTION 15 OF ARTICLE V
25 OF THE CONSTITUTION OF PENNSYLVANIA. THE ELECTION OF JUDGES AS
26 TO THESE TWO ADDITIONAL JUDGESHIPS SHALL BE AS PRESCRIBED BY <--
27 SUBSECTION (I) OF SECTION 3 OF "THE COMMONWEALTH COURT ACT." <--
28 SECTION 2. (A) IN ADDITION TO THE JUDGES PROVIDED FOR IN
29 THE ACT OF JANUARY 8, 1952 (P.L.1844, NO.494), ENTITLED "AN ACT
30 TO DESIGNATE THE SEVERAL JUDICIAL DISTRICTS OF THE COMMONWEALTH,
19770S0236B1516 - 3 -
1 AS REQUIRED BY THE CONSTITUTION, AND TO PROVIDE FOR THE ELECTION
2 AND COMMISSIONING OF JUDGES LEARNED IN THE LAW FOR THE SAID
3 DISTRICTS," TWO ADDITIONAL LAW JUDGES ARE HEREBY AUTHORIZED AND
4 PROVIDED FOR THE COURT OF COMMON PLEAS OF THE SECOND JUDICIAL
5 DISTRICT (LANCASTER COUNTY), ONE ADDITIONAL LAW JUDGE IS HEREBY
6 AUTHORIZED AND PROVIDED FOR THE COURT OF COMMON PLEAS OF THE
7 THIRD JUDICIAL DISTRICT (NORTHAMPTON COUNTY), ONE ADDITIONAL LAW
8 JUDGE IS HEREBY AUTHORIZED AND PROVIDED FOR THE COURT OF COMMON
9 PLEAS OF THE SIXTH JUDICIAL DISTRICT (ERIE COUNTY), ONE
10 ADDITIONAL LAW JUDGE IS HEREBY AUTHORIZED AND PROVIDED FOR THE
11 COURT OF COMMON PLEAS OF THE SEVENTH JUDICIAL DISTRICT (BUCKS
12 COUNTY), ONE ADDITIONAL LAW JUDGE IS HEREBY AUTHORIZED AND
13 PROVIDED FOR THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL
14 DISTRICT (CUMBERLAND COUNTY), ONE ADDITIONAL LAW JUDGE IS HEREBY
15 AUTHORIZED AND PROVIDED FOR THE COURT OF COMMON PLEAS OF THE
16 TENTH JUDICIAL DISTRICT (WESTMORELAND COUNTY), ONE ADDITIONAL
17 LAW JUDGE IS HEREBY AUTHORIZED AND PROVIDED FOR THE COURT OF
18 COMMON PLEAS OF THE FIFTEENTH JUDICIAL DISTRICT (CHESTER
19 COUNTY), ONE ADDITIONAL LAW JUDGE IS HEREBY AUTHORIZED AND
20 PROVIDED FOR THE COURT OF COMMON PLEAS OF THE NINETEENTH
21 JUDICIAL DISTRICT (YORK COUNTY), ONE ADDITIONAL LAW JUDGE IS
22 HEREBY AUTHORIZED AND PROVIDED FOR THE COURT OF COMMON PLEAS OF
23 THE TWENTY-THIRD JUDICIAL DISTRICT (BERKS COUNTY), ONE
24 ADDITIONAL LAW JUDGE IS HEREBY AUTHORIZED AND PROVIDED FOR THE
25 COURT OF COMMON PLEAS OF THE TWENTY-FOURTH JUDICIAL DISTRICT
26 (BLAIR COUNTY), ONE ADDITIONAL LAW JUDGE IS HEREBY AUTHORIZED
27 AND PROVIDED FOR THE COURT OF COMMON PLEAS OF THE TWENTY-NINTH
28 JUDICIAL DISTRICT (LYCOMING COUNTY), ONE ADDITIONAL LAW JUDGE IS
29 HEREBY AUTHORIZED AND PROVIDED FOR THE COURT OF COMMON PLEAS OF
30 THE THIRTY-FIRST JUDICIAL DISTRICT (LEHIGH COUNTY), TWO
19770S0236B1516 - 4 -
1 ADDITIONAL LAW JUDGES ARE HEREBY AUTHORIZED AND PROVIDED FOR THE
2 COURT OF COMMON PLEAS OF THE THIRTY-SECOND JUDICIAL DISTRICT
3 (DELAWARE COUNTY), THREE ADDITIONAL LAW JUDGES ARE HEREBY
4 AUTHORIZED AND PROVIDED FOR THE COURT OF COMMON PLEAS OF THE
5 THIRTY-EIGHTH JUDICIAL DISTRICT (MONTGOMERY COUNTY), ONE
6 ADDITIONAL LAW JUDGE IS HEREBY AUTHORIZED AND PROVIDED FOR THE
7 COURT OF COMMON PLEAS OF THE FORTY-NINTH JUDICIAL DISTRICT
8 (CENTRE COUNTY), ONE ADDITIONAL LAW JUDGE IS HEREBY AUTHORIZED
9 AND PROVIDED FOR THE COURT OF COMMON PLEAS OF THE FIFTIETH
10 JUDICIAL DISTRICT (BUTLER COUNTY), WHO SHALL POSSESS THE SAME
11 QUALIFICATIONS WHICH ARE REQUIRED BY THE CONSTITUTION AND LAWS
12 FOR THE PRESIDENT JUDGE OF THE COURT OF COMMON PLEAS OF THE
13 DISTRICTS AND WHO SHALL HOLD OFFICE FOR A LIKE TERM AND BY THE
14 SAME TENURE AND SHALL HAVE THE SAME POWER, AUTHORITY AND
15 JURISDICTION AND SHALL BE SUBJECT TO THE SAME DUTIES,
16 RESTRICTIONS AND PENALTIES AND SHALL RECEIVE THE SAME
17 COMPENSATION PROVIDED FOR BY LAW FOR JUDGES LEARNED IN THE LAW
18 AS IF THE SAME OFFICES HAD BEEN ESTABLISHED IN THE TIME OF AND
19 SUBJECT TO THE PROVISIONS OF THE ACT OF JUNE 1, 1956 (P.L.1959,
20 NO.657), ENTITLED, AS AMENDED, "AN ACT FIXING THE SALARIES AND
21 COMPENSATION OF THE CHIEF JUSTICE AND JUDGES OF THE SUPREME
22 COURT, THE PRESIDENT JUDGE AND JUDGES OF THE SUPERIOR COURT, THE
23 JUDGES OF THE COURTS OF COMMON PLEAS, THE JUDGES OF THE ORPHANS'
24 COURTS, THE JUDGES OF THE COUNTY COURT OF PHILADELPHIA AND THE
25 JUDGES OF THE COUNTY COURT AND JUVENILE COURT OF ALLEGHENY
26 COUNTY, CERTAIN ASSOCIATE JUDGES NOT LEARNED IN THE LAW, CERTAIN
27 STATE OFFICERS, AND THE SALARY AND EXPENSES OF THE MEMBERS OF
28 THE GENERAL ASSEMBLY, AND REPEALING CERTAIN INCONSISTENT ACTS."
29 (B) AT THE MUNICIPAL ELECTION IN NOVEMBER, 1979, THE
30 QUALIFIED ELECTORS OF THE SECOND JUDICIAL DISTRICT, THE THIRD
19770S0236B1516 - 5 -
1 JUDICIAL DISTRICT, THE SIXTH JUDICIAL DISTRICT, THE SEVENTH
2 JUDICIAL DISTRICT, THE NINTH JUDICIAL DISTRICT, THE TENTH
3 JUDICIAL DISTRICT, THE FIFTEENTH JUDICIAL DISTRICT, THE
4 NINETEENTH JUDICIAL DISTRICT, THE TWENTY-THIRD JUDICIAL
5 DISTRICT, THE TWENTY-FOURTH JUDICIAL DISTRICT, THE TWENTY-NINTH
6 JUDICIAL DISTRICT, THE THIRTY-FIRST JUDICIAL DISTRICT, THE
7 THIRTY-SECOND JUDICIAL DISTRICT, THE THIRTY-EIGHTH JUDICIAL
8 DISTRICT, THE FORTY-NINTH JUDICIAL DISTRICT, AND THE FIFTIETH
9 JUDICIAL DISTRICT SHALL ELECT, IN THE SAME MANNER PRESCRIBED BY
10 LAW FOR THE ELECTION OF THE PRESIDENT JUDGE OF THE COURT OF
11 COMMON PLEAS OF THE DISTRICTS, ONE COMPETENT PERSON LEARNED IN
12 THE LAW TO SERVE AS ADDITIONAL LAW JUDGE OF THE COURT OF COMMON
13 PLEAS OF THE SECOND JUDICIAL DISTRICT, ONE COMPETENT PERSON
14 LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW JUDGE OF THE COURT
15 OF COMMON PLEAS OF THE THIRD JUDICIAL DISTRICT, ONE COMPETENT
16 PERSON LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW JUDGE OF
17 THE COURT OF COMMON PLEAS OF THE SIXTH JUDICIAL DISTRICT, ONE
18 COMPETENT PERSON LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW
19 JUDGE OF THE COURT OF COMMON PLEAS OF THE SEVENTH JUDICIAL
20 DISTRICT, ONE COMPETENT PERSON LEARNED IN THE LAW TO SERVE AS
21 ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF THE NINTH
22 JUDICIAL DISTRICT, ONE COMPETENT PERSON LEARNED IN THE LAW TO
23 SERVE AS ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF
24 THE TENTH JUDICIAL DISTRICT, ONE COMPETENT PERSON LEARNED IN THE
25 LAW TO SERVE AS ADDITIONAL LAW JUDGE OF THE COURT OF COMMON
26 PLEAS OF THE FIFTEENTH JUDICIAL DISTRICT, ONE COMPETENT PERSON
27 LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW JUDGE OF THE COURT
28 OF COMMON PLEAS OF THE NINETEENTH JUDICIAL DISTRICT, ONE
29 COMPETENT PERSON LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW
30 JUDGE OF THE COURT OF COMMON PLEAS OF THE TWENTY-THIRD JUDICIAL
19770S0236B1516 - 6 -
1 DISTRICT, ONE COMPETENT PERSON LEARNED IN THE LAW TO SERVE AS
2 ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF THE TWENTY-
3 FOURTH JUDICIAL DISTRICT, ONE COMPETENT PERSON LEARNED IN THE
4 LAW TO SERVE AS ADDITIONAL LAW JUDGE OF THE COURT OF COMMON
5 PLEAS OF THE TWENTY-NINTH JUDICIAL DISTRICT, ONE COMPETENT
6 PERSON LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW JUDGE OF
7 THE COURT OF COMMON PLEAS OF THE THIRTY-FIRST JUDICIAL DISTRICT,
8 TWO COMPETENT PERSONS LEARNED IN THE LAW TO SERVE AS ADDITIONAL
9 LAW JUDGES OF THE COURT OF COMMON PLEAS OF THE THIRTY-SECOND
10 JUDICIAL DISTRICT, TWO COMPETENT PERSONS LEARNED IN THE LAW TO
11 SERVE AS ADDITIONAL LAW JUDGES IN THE COURT OF COMMON PLEAS OF
12 THE THIRTY-EIGHTH JUDICIAL DISTRICT, ONE COMPETENT PERSON
13 LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW JUDGE OF THE COURT
14 OF COMMON PLEAS OF THE FORTY-NINTH JUDICIAL DISTRICT, AND ONE
15 COMPETENT PERSON LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW
16 JUDGE OF THE COURT OF COMMON PLEAS OF THE FIFTIETH JUDICIAL
17 DISTRICT FROM THE FIRST MONDAY IN JANUARY, 1980, FOR A TERM OF
18 TEN YEARS; AND, AT THE MUNICIPAL ELECTION IN NOVEMBER, 1977,
19 QUALIFIED ELECTORS OF THE SECOND JUDICIAL DISTRICT AND THE
20 THIRTY-EIGHTH JUDICIAL DISTRICT SHALL ELECT, IN THE SAME MANNER
21 PRESCRIBED BY LAW FOR THE ELECTION OF THE PRESIDENT JUDGE OF THE
22 COURT OF COMMON PLEAS OF THE DISTRICTS, ONE COMPETENT PERSON
23 LEARNED IN THE LAW TO SERVE AS ADDITIONAL JUDGE OF THE COURT OF
24 COMMON PLEAS OF THE SECOND JUDICIAL DISTRICT, ONE COMPETENT
25 PERSON LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW JUDGE IN
26 THE COURT OF COMMON PLEAS OF THE THIRTY-EIGHTH JUDICIAL
27 DISTRICT, FROM THE FIRST MONDAY IN JANUARY, 1978, FOR A TERM OF
28 TEN YEARS. VACANCIES IN THE OFFICE HEREBY CREATED WHETHER CAUSED
29 BY DEATH, RESIGNATION, EXPIRATION OF TERM OR OTHERWISE SHALL BE
30 FILLED IN THE SAME MANNER AS IS REQUIRED BY LAW IN CASE OF
19770S0236B1516 - 7 -
1 SIMILAR VACANCIES IN THE OFFICE OF PRESIDENT JUDGE OF THE COURT.
2 (C) IF THE JUDGESHIPS TO BE FILLED IN ACCORDANCE WITH THIS
3 SECTION ARE AUTHORIZED AT A TIME WHEN NOMINATIONS CANNOT BE MADE
4 IN ACCORDANCE WITH THE PROVISIONS RELATING TO PRIMARY ELECTIONS
5 OF THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE
6 "PENNSYLVANIA ELECTION CODE," THE NOMINEES SHALL BE DETERMINED
7 IN THE SAME MANNER AS IS NOW PROVIDED FOR BY LAW IN THE CASE OF
8 SUBSTITUTED NOMINEES WHERE A CANDIDATE OF A POLITICAL PARTY HAS
9 DIED SUBSEQUENT TO A PRIMARY ELECTION. EXCEPT AS OTHERWISE
10 PROVIDED HEREIN, THE NOMINATION AND ELECTION OF THE JUDGESHIPS
11 TO BE FILLED IN ACCORDANCE WITH THIS SECTION SHALL BE GOVERNED
12 BY THE GENERAL ELECTION LAWS APPLICABLE TO THE NOMINATION AND
13 ELECTION OF JUDGES TO THE COURT OF COMMON PLEAS.
14 (D) THE GOVERNOR IS AUTHORIZED AND DIRECTED TO APPOINT, WITH
15 THE ADVICE AND CONSENT OF TWO-THIRDS OF THE MEMBERS ELECTED TO
16 THE SENATE, ONE COMPETENT PERSON LEARNED IN THE LAW, AS
17 ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF THE SECOND
18 JUDICIAL DISTRICT, ONE COMPETENT PERSON LEARNED IN THE LAW TO
19 SERVE AS ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF
20 THE THIRD JUDICIAL DISTRICT, ONE COMPETENT PERSON LEARNED IN THE
21 LAW TO SERVE AS ADDITIONAL LAW JUDGE OF THE COURT OF COMMON
22 PLEAS OF THE SIXTH JUDICIAL DISTRICT, ONE COMPETENT PERSON
23 LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW JUDGE OF THE COURT
24 OF COMMON PLEAS OF THE SEVENTH JUDICIAL DISTRICT, ONE COMPETENT
25 PERSON LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW JUDGE OF
26 THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT, ONE
27 COMPETENT PERSON LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW
28 JUDGE OF THE COURT OF COMMON PLEAS OF THE TENTH JUDICIAL
29 DISTRICT, ONE COMPETENT PERSON LEARNED IN THE LAW TO SERVE AS
30 ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF THE
19770S0236B1516 - 8 -
1 FIFTEENTH JUDICIAL DISTRICT, ONE COMPETENT PERSON LEARNED IN THE
2 LAW TO SERVE AS ADDITIONAL LAW JUDGE OF THE COURT OF COMMON
3 PLEAS OF THE NINETEENTH JUDICIAL DISTRICT, ONE COMPETENT PERSON
4 LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW JUDGE OF THE COURT
5 OF COMMON PLEAS OF THE TWENTY-THIRD JUDICIAL DISTRICT, ONE
6 COMPETENT PERSON LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW
7 JUDGE OF THE COURT OF COMMON PLEAS OF THE TWENTY-FOURTH JUDICIAL
8 DISTRICT, ONE COMPETENT PERSON LEARNED IN THE LAW TO SERVE AS
9 ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF THE TWENTY-
10 NINTH JUDICIAL DISTRICT, ONE COMPETENT PERSON LEARNED IN THE LAW
11 TO SERVE AS ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF
12 THE THIRTY-FIRST JUDICIAL DISTRICT, TWO COMPETENT PERSONS
13 LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW JUDGES OF THE
14 COURT OF COMMON PLEAS OF THE THIRTY-SECOND JUDICIAL DISTRICT,
15 TWO COMPETENT PERSONS LEARNED IN THE LAW TO SERVE AS ADDITIONAL
16 LAW JUDGES OF THE COURT OF COMMON PLEAS OF THE THIRTY-EIGHTH
17 JUDICIAL DISTRICT, ONE COMPETENT PERSON LEARNED IN THE LAW TO
18 SERVE AS ADDITIONAL LAW JUDGE OF THE COURT OF COMMON PLEAS OF
19 THE FORTY-NINTH JUDICIAL DISTRICT, AND ONE COMPETENT PERSON
20 LEARNED IN THE LAW TO SERVE AS ADDITIONAL LAW JUDGE OF THE COURT
21 OF COMMON PLEAS OF THE FIFTIETH JUDICIAL DISTRICT TO SERVE UNTIL
22 THE FIRST MONDAY OF JANUARY, 1980.
23 SECTION 3 2. (A) IN ADDITION TO THE JUDGES OF THE TRAFFIC
24 COURT OF PHILADELPHIA PROVIDED FOR IN THE ACT OF OCTOBER 17,
25 1969 (P.L.263, NO.106), ENTITLED "AN ACT PROVIDING FOR THE
26 TRAFFIC COURT OF PHILADELPHIA," THREE ADDITIONAL JUDGES ARE
27 HEREBY AUTHORIZED AND PROVIDED FOR THE TRAFFIC COURT OF
28 PHILADELPHIA WHO SHALL HAVE THE SAME QUALIFICATIONS AS THE
29 PRESIDENT JUDGE OF THAT COURT AND WHO SHALL RECEIVE THE SAME
30 COMPENSATION AS THE OTHER JUDGES OF THAT COURT.
19770S0236B1516 - 9 -
1 (B) AT THE MUNICIPAL ELECTION IN NOVEMBER, 1979, THE
2 QUALIFIED ELECTORS OF THE FIRST JUDICIAL DISTRICT SHALL ELECT
3 THREE PERSONS TO SERVE AS ADDITIONAL JUDGES OF THE TRAFFIC COURT
4 OF PHILADELPHIA FOR A TERM OF SIX YEARS. VACANCIES IN THE OFFICE
5 HEREBY CREATED WHETHER CAUSED BY DEATH, RESIGNATION, EXPIRATION
6 OF TERM OR OTHERWISE SHALL BE FILLED IN THE SAME MANNER AS IS
7 REQUIRED BY LAW IN CASE OF SIMILAR VACANCIES IN THE OFFICE OF
8 PRESIDENT JUDGE OF THE COURT.
9 (C) THE GOVERNOR IS AUTHORIZED AND DIRECTED TO APPOINT, WITH
10 THE ADVICE AND CONSENT OF TWO-THIRDS OF THE MEMBERS ELECTED TO
11 THE SENATE, THREE COMPETENT PERSONS TO SERVE AS JUDGES OF THE
12 TRAFFIC COURT OF PHILADELPHIA, TO SERVE UNTIL THE FIRST MONDAY
13 OF JANUARY, 1980.
14 SECTION 1. SECTION 2, ACT OF JANUARY 6, 1970 (1969 P.L.434, <--
15 NO.185), KNOWN AS "THE COMMONWEALTH COURT ACT," IS AMENDED TO
16 READ:
17 SECTION 2. ESTABLISHMENT AND COMPOSITION OF COMMONWEALTH
18 COURT.--(A) PURSUANT TO SECTION 4 OF ARTICLE V OF THE
19 CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANIA AND SECTION 3
20 OF THE SCHEDULE THERETO, A COURT OF RECORD OF STATEWIDE ORIGINAL
21 AND APPELLATE JURISDICTION, TO BE KNOWN AS THE COMMONWEALTH
22 COURT, IS ESTABLISHED TO BE COMPOSED OF SEVEN JUDGES WHO SHALL
23 BE CITIZENS OF THE COMMONWEALTH AND MEMBERS OF THE BAR OF THE
24 SUPREME COURT OF THE COMMONWEALTH AND WHO SHALL, FOR A PERIOD OF
25 ONE YEAR PRECEDING THEIR ELECTION OR APPOINTMENT AND DURING
26 THEIR CONTINUANCE IN OFFICE, RESIDE WITHIN THE COMMONWEALTH.
27 (B) IN ORDER TO INCREASE THE NUMBER OF JUDGES OF THE
28 COMMONWEALTH COURT SO THAT THE COURT SHALL HEREAFTER BE COMPOSED
29 OF NINE JUDGES, TWO ADDITIONAL JUDGES ARE HEREBY PROVIDED FOR
30 WHO SHALL POSSESS THE QUALIFICATIONS PRESCRIBED IN SUBSECTION
19770S0236B1516 - 10 -
1 (A) AND WHO SHALL BE APPOINTED AND ELECTED AS PROVIDED IN
2 SUBSECTION (J) OF SECTION 3.
3 SECTION 2. SECTION 3 OF THE ACT IS AMENDED BY ADDING A
4 SUBSECTION TO READ:
5 SECTION 3. APPOINTMENT AND ELECTION OF JUDGES; TERMS.--* * *
6 (J) IN ORDER TO IMPLEMENT THE PURPOSES OF THIS ACT AND UPON
7 ITS EFFECTIVE DATE, THE GOVERNOR SHALL APPOINT IN THE MANNER AND
8 FOR THE TERM PRESCRIBED BY SECTION 13 OF ARTICLE V OF THE
9 CONSTITUTION OF PENNSYLVANIA PERTAINING TO VACANCY IN THE OFFICE
10 OF JUDGE, TWO APPOINTEES: PROVIDED, THAT BOTH APPOINTEES SHALL
11 NOT BE MEMBERS OF THE SAME POLITICAL PARTY. NO JUDGE APPOINTED
12 PURSUANT TO THIS SUBSECTION SHALL BE AUTHORIZED PRIOR TO THE
13 EXPIRATION OF HIS APPOINTIVE TERM TO FILE A DECLARATION OF
14 CANDIDACY FOR RETENTION AS PROVIDED IN SECTION 15 OF ARTICLE V
15 OF THE CONSTITUTION OF PENNSYLVANIA. THE ELECTION OF JUDGES AS
16 TO THESE TWO ADDITIONAL JUDGESHIPS SHALL BE AS PRESCRIBED BY
17 SUBSECTION (I).
18 Section 3 4 3. This act shall take effect immediately. <--
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