PRINTER'S NO. 602

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 573 Session of 1981


        INTRODUCED BY A. K. HUTCHINSON, FEBRUARY 17, 1981

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 17, 1981

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, prohibiting the Supreme Court from
     3     suspending laws enacted by the General Assembly.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby resolves as follows:
     6     Section 1.  The following amendment to the Constitution of
     7  the Commonwealth of Pennsylvania is proposed in accordance with
     8  the provisions of Article XI thereof:
     9     That subsection (c) of section 10, Article V be amended to
    10  read:
    11  § 10.  Judicial administration.
    12     * * *
    13     (c)  The Supreme Court shall have the power to prescribe
    14  general rules governing practice, procedure and the conduct of
    15  all courts, justices of the peace and all officers serving
    16  process or enforcing orders, judgments or decrees of any court
    17  or justice of the peace, including the power to provide for
    18  assignment and reassignment of classes of actions or classes of

     1  appeals among the several courts as the needs of justice shall
     2  require, and for admission to the bar and to practice law, and
     3  the administration of all courts and supervision of all officers
     4  of the Judicial Branch, if such rules are consistent with this
     5  Constitution and neither abridge, enlarge nor modify the
     6  substantive rights of any litigant, nor affect the right of the
     7  General Assembly to determine the jurisdiction of any court or
     8  justice of the peace, nor suspend nor alter any statute of
     9  limitation or repose. [All laws shall be suspended to the extent
    10  that they are inconsistent with rules prescribed under these
    11  provisions.] The Supreme Court shall not have the power to
    12  suspend laws enacted on the same or similar subjects by the
    13  General Assembly.
    14     * * *











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