PRIOR PASSAGE - NONE
PRINTER'S NOS. 601, 931 PRINTER'S NO. 2850
No. 539 Session of 1989
INTRODUCED BY DeWEESE, KUKOVICH, CALTAGIRONE, O'DONNELL,
KOSINSKI, BLAUM, EVANS, ROBINSON, VEON, McHALE, MORRIS,
BOYES, FLICK, CORRIGAN, MELIO, BELARDI, CAPPABIANCA, FREEMAN,
TIGUE, FOX, DALEY, HAGARTY, CAWLEY, MERRY, BUNT, JOSEPHS,
D. W. SNYDER, COY, COLAIZZO, BELFANTI, BATTISTO, PISTELLA,
GIGLIOTTI, RITTER, HASAY, HECKLER, LEVDANSKY, HERMAN, BILLOW,
HAYDEN, PRESSMANN, BUSH, HOWLETT, NOYE, RICHARDSON, MOEHLMANN
AND JAMES, FEBRUARY 16, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 5, 1989
A JOINT RESOLUTION
1 Proposing amendments to the Constitution of the Commonwealth of
2 Pennsylvania, PROVIDING FOR THE ELECTION OF CERTAIN JUSTICES <--
3 AND JUDGES; changing provisions relating to judicial
4 discipline; and providing for financial disclosure.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby resolves as follows:
7 Section 1. The following amendments to the Constitution of
8 Pennsylvania are proposed in accordance with Article XI:
9 (1) THAT SECTION 13(A) OF ARTICLE V BE AMENDED AND THAT THE <--
10 SECTION BE AMENDED BY ADDING A SUBSECTION TO READ:
11 § 13. ELECTION OF JUSTICES, JUDGES AND JUSTICES OF THE PEACE;
12 VACANCIES.
13 (A) [JUSTICES, JUDGES] JUDGES, OTHER THAN JUDGES OF THE
14 SUPERIOR COURT AND THE COMMONWEALTH COURT, AND JUSTICES OF THE
15 PEACE SHALL BE ELECTED AT THE MUNICIPAL ELECTION NEXT PRECEDING
1 THE COMMENCEMENT OF THEIR RESPECTIVE TERMS OF OFFICE BY THE
2 ELECTORS OF THE [COMMONWEALTH OR THE] RESPECTIVE DISTRICTS IN
3 WHICH THEY ARE TO SERVE.
4 (A.1) (1) JUSTICES OF THE SUPREME COURT, JUDGES OF THE
5 SUPERIOR COURT AND JUDGES OF THE COMMONWEALTH COURT SHALL BE
6 ELECTED AT THE MUNICIPAL ELECTION NEXT PRECEDING THE
7 COMMENCEMENT OF THEIR RESPECTIVE TERMS OF OFFICE BY THE
8 ELECTORS OF THE RESPECTIVE JUDICIAL ELECTORAL DISTRICTS. ONE
9 JUSTICE OR JUDGE SHALL BE ELECTED FROM EACH JUDICIAL
10 ELECTORAL DISTRICT FOR EACH APPELLATE COURT.
11 (2) PRIOR TO THE MUNICIPAL ELECTION NEXT FOLLOWING ONE
12 YEAR FROM THE ADOPTION OF THIS SUBSECTION, THE GENERAL
13 ASSEMBLY SHALL, BY LAW, DIVIDE THE COMMONWEALTH INTO SEVEN
14 SUPREME COURT JUDICIAL ELECTORAL DISTRICTS, AND AS MANY
15 SUPERIOR COURT ELECTORAL DISTRICTS AND COMMONWEALTH COURT
16 ELECTORAL DISTRICTS AS THERE ARE SUPERIOR COURT AND
17 COMMONWEALTH COURT JUDGES AS PROVIDED BY LAW. EACH DISTRICT
18 SHALL BE COMPOSED OF COMPACT AND CONTIGUOUS TERRITORY AS
19 NEARLY EQUAL IN POPULATION AS PRACTICABLE AND SHALL BE BASED
20 ON THE 1990 FEDERAL DECENNIAL CENSUS. THESE DISTRICTS SHALL
21 IN LIKE MANNER BE REAPPORTIONED FOLLOWING EACH SUBSEQUENT
22 DECENNIAL CENSUS.
23 (3) THE GENERAL ASSEMBLY SHALL, BY LAW, DETERMINE THE
24 MANNER OF ELECTIONS UNDER THIS SUBSECTION.
25 * * *
26 (1) (2) That section 17 of Article V be amended to read: <--
27 § 17. Prohibited activities and financial disclosure.
28 (a) Justices and judges shall devote full time to their
29 judicial duties, and shall not engage in the practice of law,
30 hold office in a political party or political organization, or
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1 hold an office or position of profit in the government of the
2 United States, the Commonwealth or any municipal corporation or
3 political subdivision thereof, except in the armed service of
4 the United States or the Commonwealth.
5 (b) Justices and judges shall not engage in any activity
6 prohibited by law and shall not violate any canon of legal or
7 judicial ethics prescribed by the Supreme Court. Justices of the
8 peace shall be governed by rules or canons which shall be
9 prescribed by the Supreme Court.
10 (c) No justice, judge or justice of the peace shall be paid
11 or accept for the performance of any judicial duty or for any
12 service connected with his office, any fee, emolument or
13 perquisite other than the salary and expenses provided by law.
14 (d) No duties shall be imposed by law upon the Supreme Court
15 or any of the justices thereof or the Superior Court or any of
16 the judges thereof, except such as are judicial, nor shall any
17 of them exercise any power of appointment except as provided in
18 this Constitution.
19 (e) The Supreme Court shall promulgate financial disclosure
20 requirements for all justices, judges, justices of the peace and
21 other officers or employees of the unified judicial system which
22 shall provide for no less disclosure than provided by law for
23 members of the General Assembly. In addition, such disclosure
24 shall include that information deemed necessary for the fair and
25 impartial administration of justice. These requirements shall
26 prohibit any justice, judge, justice of the peace or other
27 officer or employee of the system from taking the oath of office
28 or entering or continuing upon his or her duties or receiving
29 compensation from public funds unless he or she has complied
30 with such financial disclosure requirements.
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1 (2) (3) That section 18 of Article V be amended to read: <--
2 [§ 18. Suspension, removal, discipline and compulsory
3 retirement.
4 (a) There shall be a Judicial Inquiry and Review Board
5 having nine members as follows: three judges of the courts of
6 common pleas from different judicial districts and two judges of
7 the Superior Court, all of whom shall be selected by the Supreme
8 Court; and two non-judge members of the bar of the Supreme Court
9 and two non-lawyer electors, all of whom shall be selected by
10 the Governor.]
11 § 18. Judicial Conduct Board.
12 (a) There shall be a Judicial Conduct Board having 11
13 members as follows: two active judges of the court of common
14 pleas appointed by the Supreme Court; one active judge of an
15 appellate court appointed by the Supreme Court; one active
16 justice of the peace appointed by the Supreme Court; two non-
17 judge members of the bar of the Supreme Court appointed by the
18 Governor; and five non-lawyer electors appointed by the
19 Governor.
20 (b) [The] Except for the initial appointees whose terms
21 shall be provided by the schedule to this amendment, the members
22 shall serve for terms of four years, provided that a member,
23 rather than his successor, shall continue to participate in any
24 hearing in progress at the end of his term. Board membership by
25 a judge shall terminate if the member ceases to hold the
26 judicial position that qualified him for the appointment.
27 Membership shall also terminate if a member attains a position
28 that would have rendered him ineligible for appointment at the
29 time of his appointment. A vacancy on the board shall be filled
30 by the respective appointing authority for the balance of the
19890H0539B2850 - 4 -
1 term. The respective appointing authority may remove a member
2 only for cause. No member shall serve more than four consecutive
3 years[; he] but may be reappointed after a lapse of one year.
4 [Annually] The Governor shall convene the board for its first
5 meeting, and at that meeting and annually thereafter the members
6 of the board shall elect a chairman. The board shall act only
7 with the concurrence of a majority of its members.
8 (c) A member shall not hold office in a political party or
9 political organization. [Members, other than judges, shall be
10 compensated for their services as the Supreme Court shall
11 prescribe.] All members shall be reimbursed for expenses
12 necessarily incurred in the discharge of their official duties.
13 [(d) Under the procedure prescribed herein, any justice or
14 judge may be suspended, removed from office or otherwise
15 disciplined for violation of section 17 of this article,
16 misconduct in office, neglect of duty, failure to perform his
17 duties, or conduct which prejudices the proper administration of
18 justice or brings the judicial office into disrepute, and may be
19 retired for disability seriously interfering with the
20 performance of his duties.
21 (e) The board shall keep informed as to matters relating to
22 grounds for suspension, removal, discipline, or compulsory
23 retirement of justices or judges. It shall receive complaints or
24 reports, formal or informal, from any source pertaining to such
25 matters, and shall make such preliminary investigations as it
26 deems necessary.
27 (f) The board, after such investigation, may order a hearing
28 concerning the suspension, removal, discipline or compulsory
29 retirement of a justice or judge. The board's orders for
30 attendance of or testimony by witnesses or for the production of
19890H0539B2850 - 5 -
1 documents at any hearing or investigation shall be enforceable
2 by contempt proceedings.
3 (g) If, after hearing, the board finds good cause therefor,
4 it shall recommend to the Supreme Court the suspension, removal,
5 discipline or compulsory retirement of the justice or judge.
6 (h) The Supreme Court shall review the record of the board's
7 proceedings on the law and facts and may permit the introduction
8 of additional evidence. It shall order suspension, removal,
9 discipline or compulsory retirement, or wholly reject the
10 recommendation, as it finds just and proper. Upon an order for
11 compulsory retirement, the justice or judge shall be retired
12 with the same rights and privileges were he retired under
13 section 16 of this article. Upon an order for suspension or
14 removal, the justice or judge shall be suspended or removed from
15 office, and his salary shall cease from the date of such order.
16 All papers filed with and proceedings before the board shall be
17 confidential but upon being filed by the board in the Supreme
18 Court, the record shall lose its confidential character. The
19 filing of papers with and the giving of testimony before the
20 board shall be privileged.
21 (i) No justice or judge shall participate as a member of the
22 board or of the Supreme Court in any proceeding involving his
23 suspension, removal, discipline or compulsory retirement.
24 (j) The Supreme Court shall prescribe rules of procedure
25 under this section.
26 (k) The Supreme Court shall prescribe rules of procedure for
27 the suspension, removal, discipline and compulsory retirement of
28 justices of the peace.
29 (l) A justice, judge or justice of the peace convicted of
30 misbehavior in office by a court, disbarred as a member of the
19890H0539B2850 - 6 -
1 bar of the Supreme Court or removed under this section 18 shall
2 forfeit automatically his judicial office and thereafter be
3 ineligible for judicial office.
4 (m) A justice or judge who shall file for nomination for or
5 election to any public office other than a judicial office shall
6 forfeit automatically his judicial office.
7 (n) This section is in addition to and not in substitution
8 for the provisions for impeachment for misbehavior in office
9 contained in Article VI. No justice, judge or justice of the
10 peace against whom impeachment proceedings are pending in the
11 Senate shall exercise any of the duties of his office until he
12 has been acquitted.]
13 (d) The Judicial Conduct Board shall receive and investigate
14 complaints regarding judicial conduct filed by individuals or
15 initiated by Judicial Conduct Board; promulgate rules for
16 determining whether a complaint is reasonably based; issue
17 subpoenas to compel testimony under oath of witnesses, including
18 the subject of the investigation, and to compel the production
19 of documents, books, accounts and other records relevant to the
20 investigation; determine whether there is probable cause to file
21 formal charges against a justice, judge of justice of the peace,
22 for neglect or failure to perform the duties of office, for
23 conduct which prejudices the proper administration of justice or
24 brings the judicial office into disrepute, whether or not such
25 conduct occurred while acting in a judicial capacity or is
26 prohibited by law, and for conduct in violation of a canon or
27 rule prescribed by the Supreme Court, a finding of which shall
28 require the concurrence of a majority of the Judicial Conduct
29 Board, and present the case in support of the charges as
30 described herein; by a majority vote, appoint counsel and other
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1 staff; prepare and administer its own budget as provided by law;
2 and establish and promulgate its own rules of procedure. The
3 budget request of the Judicial Conduct Board shall be made
4 separately to the General Assembly and not as an item in the
5 request by the Supreme Court on behalf of the judicial system.
6 (e) The justice, judge or justice of the peace whose conduct
7 is the subject of an investigation by the Judicial Conduct Board
8 shall be given an opportunity to fully respond to the complaint.
9 The justice, judge or justice of the peace shall be permitted to
10 issue subpoenas and take testimony under oath of witnesses and
11 to compel the production of documents, books, accounts and other
12 records relevant to the investigation.
13 (f) Until a determination of probable cause has been made
14 and formal charges have been filed, all proceedings shall be
15 confidential except when the justice, judge or justice of the
16 peace under investigation waives confidentiality, or in any case
17 in which, independent of any action by the Judicial Conduct
18 Board, the fact that an investigation is in process becomes
19 public, in which case the Judicial Conduct Board may, at the
20 direction of the justice, judge or justice of the peace under
21 investigation, issue a statement to confirm the pendency of the
22 investigation, to clarify the procedural aspects of the
23 proceedings, to explain the right of the justice, judge or
24 justice of the peace to a fair hearing without prejudgment, or
25 to state that the justice, judge or justice of the peace denies
26 the allegations.
27 (G) IF ON A COMPLAINT OF MENTAL OR PHYSICAL DISABILITY THE <--
28 JUDICIAL CONDUCT BOARD FINDS PROBABLE CAUSE TO FILE FORMAL
29 CHARGES AGAINST A JUSTICE, JUDGE OR JUSTICE OF THE PEACE, BEFORE
30 FILING FORMAL CHARGES, THE BOARD SHALL PRESENT ITS FINDINGS TO
19890H0539B2850 - 8 -
1 THE JUSTICE, JUDGE OR JUSTICE OF THE PEACE AND PROVIDE HIM WITH
2 A REASONABLE PERIOD OF TIME WITHIN WHICH TO EXERCISE THE
3 OPPORTUNITY TO RESIGN OR, WHEN APPROPRIATE, TO ENTER A
4 REHABILITATION PROGRAM.
5 (g) (H) Members of the Judicial Conduct Board and its <--
6 counsel and staff shall be absolutely immune from suit for all
7 conduct in the course of their official duties.
8 (3) (4) That Article V be amended by adding sections to <--
9 read:
10 § 19. Court of Judicial Discipline.
11 (a) The Court of Judicial Discipline shall be composed of a
12 total of seven members: three of whom shall be of the bar of the
13 Supreme Court, one of whom is not a justice, judge or a justice
14 of the peace, one of whom is a judge, other than a senior judge,
15 from the courts of common pleas, and one of whom is a judge,
16 other than a senior judge, of the Superior Court or the
17 Commonwealth Court; three lay members who are adult residents of
18 this Commonwealth; and one justice of the peace. Members of the
19 Court of Judicial Discipline shall be appointed by the Governor.
20 (b) Except for the initial appointees whose terms shall be
21 provided by the schedule to this article, the members shall
22 serve for terms of four years, provided that a member, rather
23 than his successor, shall continue to participate in any hearing
24 in progress at the end of this term. Court of Judicial
25 Discipline membership by a judge shall terminate if the judge
26 ceases to hold the judicial position that qualified him for
27 Court of Judicial Discipline appointment. Court of Judicial
28 Discipline membership shall also terminate if a member attains a
29 position that would have rendered him ineligible for appointment
30 at the time of his appointment. A vacancy on the Court of
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1 Judicial Discipline shall be filled by the Governor for the
2 balance of the term. No member of the Court of Judicial
3 Discipline shall serve more than four consecutive years but may
4 be reappointed after a lapse of one year. No member of the Court
5 of Judicial Discipline, during his term of service, shall hold
6 office in any political party or political organization. Except
7 for a judicial member, no member of the Court of Judicial
8 Discipline, during his term of service, shall hold a public
9 office or public appointment, compensated or uncompensated.
10 (c) The Court of Judicial Discipline shall be a court of
11 record with all the attendant duties and powers appropriate to
12 its function, and shall hold public proceedings, conducted
13 consistent with the principles of due process and the rules of
14 evidence; enable parties appearing before it to subpoena
15 witnesses and to compel the production of documents, books,
16 accounts and other records as relevant; render its decision in
17 writing, each decision to include its finding of fact,
18 conclusions of law and discussion of reasons; have its
19 proceedings transcribed; order removal from office, suspension,
20 censure or other discipline as authorized by section 20 of this
21 article and as warranted by the record; appoint staff and
22 prepare and administer its own budget as provided by law. All
23 actions of the Court of Judicial Discipline, including
24 disciplinary action, shall require the concurrence of a majority
25 of the Court. The budget request of the Court of Judicial
26 Discipline shall be made separately to the General Assembly, and
27 not as an item in the request by the Supreme Court on behalf of
28 the judicial system.
29 (d) Upon the filing of formal charges by the Judicial
30 Conduct Board, the Court of Judicial Discipline shall schedule a
19890H0539B2850 - 10 -
1 prompt hearing to determine whether a sanction pursuant to the
2 provisions of section 20 should be imposed. The Judicial Conduct
3 Board shall have the burden of proving the conduct complained of
4 by clear and convincing evidence.
5 (e) Members of the Court of Judicial Discipline and the
6 Court's staff shall be absolutely immune from suit from all
7 conduct in the course of their official duties.
8 § 20. Sanctions.
9 (a) The Court of Judicial Discipline shall, until there is
10 an acquittal or conviction for the felony offense, order
11 suspended without pay any justice, judge or justice of the peace
12 against whom there has been filed an indictment or information
13 charging a felony. An interim order of suspension, with or
14 without pay, may be entered against a justice, judge or justice
15 of the peace against whom formal charges have been filed with
16 the Court of Judicial Discipline by the Judicial Conduct Board.
17 Such order shall not be immediately appealable. IN THE CASE OF A <--
18 MENTALLY OR PHYSICALLY DISABLED JUSTICE, JUDGE OR JUSTICE OF THE
19 PEACE, THE COURT OF JUDICIAL DISCIPLINE MAY ENTER AN ORDER OF
20 REMOVAL FROM OFFICE, SUSPENSION OR OTHER LIMITATIONS ON THE
21 ACTIVITIES OF THE JUSTICE, JUDGE OR JUSTICE OF THE PEACE AS
22 WARRANTED BY THE RECORD.
23 (b) The Court of Judicial Discipline may order suspended any
24 justice, judge or justice of the peace after a determination
25 that the continued service of the justice, judge or justice of
26 the peace poses a substantial or imminent threat to the fair and
27 impartial administration of justice.
28 (c) Any justice, judge or justice of the peace may be
29 suspended, removed from office or otherwise disciplined for
30 violation of section 17 of this article, misconduct in office,
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1 neglect or failure to perform the duties of office, or conduct
2 which prejudices the proper administration of justice or brings
3 the judicial office into disrepute, whether or not such conduct
4 occurred while acting in a judicial capacity or is prohibited by
5 law, and for conduct in violation of a canon or rule prescribed
6 by the Supreme Court.
7 (d) Upon an order of the Court of Judicial Discipline for
8 suspension or removal, the justice or judge shall be suspended
9 or removed from office, and his salary shall cease from the date
10 of such order.
11 (e) A justice, judge or justice of the peace convicted of
12 misbehavior in office by a court, disbarred as a member of the
13 bar of the Supreme Court or removed under this section shall
14 forfeit automatically his judicial office and thereafter be
15 ineligible for judicial office.
16 (f) A justice, judge or justice of the peace who files for
17 nomination for or election to any public office other than a
18 judicial office shall forfeit automatically his judicial office.
19 (g) This section is in addition to and not in substitution
20 for the provisions for impeachment for misbehavior in office
21 contained in Article VI. No justice, judge or justice of the
22 peace against whom impeachment proceedings are pending in the
23 Senate shall exercise any of the duties of the office until he
24 has been acquitted.
25 § 21. Review of Court of Judicial Discipline.
26 (a) A justice, judge or justice of the peace, other than a
27 justice of the Supreme Court, in a manner consistent with the
28 rules of the Supreme Court, may appeal to the Supreme Court a
29 final adverse order of the Court of Judicial Discipline. The
30 Supreme Court shall not review the record de novo, but rather as
19890H0539B2850 - 12 -
1 it would review the record to determine whether the Court of
2 Judicial Discipline abused its discretion or committed an error
3 of law. The Supreme Court may revise or reject the order of the
4 court of Judicial Discipline upon a determination the order
5 contains error of law or is an abuse of discretion; otherwise
6 the Supreme Court shall affirm the order of the Court of
7 Judicial Discipline.
8 (b) A justice of the Supreme Court, in a manner consistent
9 with the rules of the Supreme Court, may appeal a final adverse
10 order of the Court of Judicial Discipline to a review panel
11 consisting of the four most senior members of the Superior Court
12 and the three most senior members of the Commonwealth Court, who
13 do not themselves sit on the Court of Judicial Discipline. The
14 appeal shall in all other respects conform with the requirements
15 of this section.
16 (c) No justice, judge or justice of the peace shall
17 participate as a member of the Judicial Conduct Board, the Court
18 of Judicial Discipline or the Supreme Court in any proceeding
19 involving his suspension, removal, discipline or compulsory
20 retirement.
21 Section 2. (a) The members of the Judicial Inquiry and
22 Review Board appointed heretofore shall vacate their office 60
23 days after the issuance of the proclamation certifying voter
24 approval of the amendments to section 18 of Article V and all
25 proceedings pending before the board and all records shall be
26 transferred to the Judicial Conduct Board.
27 (b) Of the members initially appointed to the Judicial
28 Conduct Board, the appellate judge shall be appointed for a two-
29 year term. The common pleas judge first appointed by the Supreme
30 Court shall serve a four-year term and the second common pleas
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1 judge shall serve a two-year term. The justice of the peace
2 first appointed shall serve a three-year term. The non-judge
3 member of the bar first appointed by the Governor shall serve a
4 four-year term and the second non-judge member shall serve a
5 three-year term. Of the non-lawyer electors appointed by the
6 Governor, the first two appointed shall serve four-year terms;
7 the next one appointed shall serve a three-year term; and the
8 final two appointed shall serve two-year terms.
9 (c) Of the members initially appointed to the Court of
10 Judicial Discipline, the Governor shall appoint three members
11 for terms of four years, two members for terms of three years
12 and two members for terms of two years.
13 Section 3. Paragraphs (1), (2) and (3), (3) AND (4) of <--
14 section 1 shall each be submitted by the Secretary of the
15 Commonwealth as a separate question to the qualified electors of
16 this Commonwealth at the primary, general or municipal election
17 next held after the advertising requirements of section 1 of
18 Article XI of the Constitution of Pennsylvania have been
19 satisfied.
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