PRINTER'S NO. 512
No. 480 Session of 1979
INTRODUCED BY BERSON, IRVIS, POTT, BROWN, WACHOB AND HOEFFEL,
MARCH 5, 1979
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 5, 1979
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania relating to the Judiciary.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby resolves as follows:
5 Section 1. The following amendments to the Constitution of
6 the Commonwealth of Pennsylvania are proposed in accordance with
7 the provisions of Article XI thereof:
8 (1) That subsection (d) of section 10 and subsection (a) of
9 section 12 of Article V be amended to read:
10 Article V
11 THE JUDICIARY
12 § 10. Judicial administration.
13 * * *
14 (d) The Chief Justice and president judges of all courts
15 with seven or less judges shall be the justice or judge longest
16 in continuous service, including service by appointment under
17 subsection (a) of section 14.1, on their respective courts; and
18 in the event of his resignation from this position the justice
1 or judge next longest in continuous service shall be the Chief
2 Justice or president judge. The president judges of all other
3 courts shall be selected for five-year terms by the members of
4 their respective courts, except that the president judge of the
5 traffic court in the City of Philadelphia shall be appointed by
6 the Governor. A Chief Justice or president judge may resign such
7 position and remain a member of the court. In the event of a tie
8 vote for office of president judge in a court which elects its
9 president judge, the Supreme Court shall appoint as president
10 judge one of the judges receiving the highest number of votes.
11 * * *
12 § 12. Qualifications of justices, judges and justices of the
13 peace.
14 (a) Justices, judges and justices of the peace shall be
15 citizens of the Commonwealth. Justices and judges, except the
16 judges of the traffic court in the City of Philadelphia, shall
17 be members of the bar of the Supreme Court. Justices and judges
18 of statewide courts, for a period of one year preceding their
19 [election or] appointment and during their continuance in
20 office, shall reside within the Commonwealth. Other judges and
21 justices of the peace, for a period of one year preceding their
22 [election or] appointment and during their continuance in
23 office, shall reside within their respective districts, except
24 as provided in this article for temporary assignments. A member
25 of the Judicial Nominating Commission shall not be eligible for
26 appointment to a judicial office to which his commission could
27 make nominations until two years after he was last a member.
28 * * *
29 (2) That sections 13 and 14 and subsection (b) of section 15
30 of Article V be repealed.
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1 (3) That Article V be amended by adding sections to read:
2 § 13.1. Judicial Nominating Commission.
3 There shall be a Judicial Nominating Commission having eight
4 members as follows:
5 (a) The Chief Justice, who shall have no vote.
6 (b) Three actively practicing lawyers who shall be members
7 of the bar of the Supreme Court and residents of the
8 Commonwealth, and who shall be selected in the manner prescribed
9 by rules of the Supreme Court by members of the bar of the
10 Supreme Court who are residents of the Commonwealth.
11 (c) Four nonlawyer electors who shall be selected by the
12 Governor.
13 § 13.2. Political balance on commission.
14 No more than one-half of the members of the Judicial
15 Nominating Commission selected by the Governor shall be members
16 of the same political party. The rules prescribed by the Supreme
17 Court shall provide that no more than a majority of the members
18 of the Judicial Nominating Commission selected by members of the
19 bar as prescribed by such rules shall be members of the same
20 political party.
21 § 13.3. Terms of office; removal; succession; chairmanship and
22 majority action.
23 Except for the Chief Justice, all members of the Judicial
24 Nominating Commission shall serve for terms of three years,
25 which shall be staggered. A vacancy on the commission shall be
26 filled by the respective selecting authority for the balance of
27 the term. The respective selecting authority may remove a
28 selected member only for cause. For the purpose of removal, the
29 Supreme Court shall be deemed the selecting authority of the
30 members of the commission selected by members of the bar. A
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1 member of the commission who has been selected for a full term
2 shall not again be eligible for selection to such commission
3 until after a lapse of one year. The Chief Justice shall be
4 chairman of the commission. The commission shall act only with
5 the concurrence of a majority of its voting members.
6 § 13.4. Prohibition against political affiliation and
7 compensation.
8 A member of the Judicial Nominating Commission shall not hold
9 office in a political party or political body nor shall a
10 member, other than the Chief Justice, hold an office or position
11 of profit to which such member is required to devote the major
12 portion of his time in the Government of the United States, the
13 Commonwealth or any political subdivision thereof. Members shall
14 not be compensated for their services, but shall be reimbursed
15 for expenses necessarily incurred in the discharge of their
16 official duties.
17 § 14.1. Selection of justices and certain judges.
18 (a) A vacancy in the office of justice or judge of the
19 Supreme, Superior, Commonwealth or other statewide court shall
20 be filled by appointment in the manner provided in this section.
21 Such appointment shall not require the consent of the Senate.
22 Within 45 days after notice of the occurrence of a vacancy or
23 after notice by the Governor of a vacancy scheduled to occur
24 within 45 days the Judicial Nominating Commission shall nominate
25 to the Governor the names of five persons qualified for the
26 office. The Governor may appoint one of such nominees to the
27 vacancy. If an appointment shall not be made by the Governor
28 within 30 days after the nominations shall have been presented
29 to him by the commission, the vacancy shall be filled by
30 appointment by the Chief Justice, who shall promptly appoint one
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1 of such nominees.
2 (b) Each justice or judge so appointed to office shall hold
3 office for an initial term ending the first Monday of January
4 following the next municipal election more than 24 months
5 following the appointment.
6 (4) That section 15 of Article V be amended by adding a
7 subsection to read:
8 § 15. Tenure of justices, judges and justices of the peace.
9 * * *
10 (b.1) A justice or judge elected to a regular term of office
11 or appointed under section 14.1 may file a declaration of
12 candidacy for retention election with the officer of the
13 Commonwealth who under law shall have supervision over elections
14 on or before the first Monday of January of the year preceding
15 the year in which his term of office expires. If no declaration
16 is filed, a vacancy shall exist upon the expiration of the term
17 of office of such justice or judge to be filled by appointment
18 under section 14.1. If a justice or judge files a declaration,
19 his name shall be submitted to the electors without party
20 designation, as a separate judicial question or in a separate
21 column on voting machines, at the municipal election immediately
22 preceding the expiration of his term of office, to determine
23 only the question whether he shall be retained in office. If a
24 majority is against retention, a vacancy shall exist upon the
25 expiration of his term of office, to be filled by appointment
26 under section 14.1. If a majority favors retention, the justice
27 or judge shall serve for the regular term of office provided
28 herein unless sooner removed or retired. At the expiration of
29 each term a justice or judge shall be eligible for retention as
30 provided herein, subject only to the retirement provisions of
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1 this article.
2 (5) That the schedule to Article V be amended by repealing
3 sections 23 and 28.
4 (6) That the schedule to Article V be amended by adding
5 sections to read:
6 § 23.1. Judicial Nominating Commission.
7 (a) The selection of the first members of the Judicial
8 Nominating Commission provided for in section 13.1 of this
9 article shall be as follows: the Governor shall select three
10 members for terms of, respectively, one year, two years and
11 three years, and one member for a term of two years. The three
12 members selected as prescribed by rule of the Supreme Court
13 shall be selected for terms of, respectively, one year, two
14 years and three years.
15 (b) A person selected as a member of the commission for a
16 term of less than three years may be selected for an immediately
17 succeeding full term.
18 (c) The terms of members of the commission shall expire on
19 the third Tuesday of January.
20 § 28.1. Effect on seniority.
21 The amendment to section 10(d) of this article adopted with
22 this section shall not affect the seniority of any justice or
23 judge holding office on the date of adoption of this section.
24 § 30. Construction of amendments.
25 Whenever two or more amendments to the same provision of this
26 article are proposed by the same or different General
27 Assemblies, one amendment overlooking and making no reference to
28 the other or others, the changes in this article made by each
29 shall be given effect. The provisions of this article
30 eliminating the requirement of consent of the Senate to the
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1 appointment of justices and certain judges shall control over
2 any amendment to section 8 of Article IV reducing the vote
3 required for such consent.
4 Section 2. This proposed amendment shall be submitted by the
5 Secretary of the Commonwealth to the qualified electors of the
6 State at the municipal election or general election next held
7 after the advertising requirements of Article XI of the
8 Constitution of the Commonwealth of Pennsylvania have been
9 satisfied.
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