PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 751 PRINTER'S NO. 3614
No. 683 Session of 1989
INTRODUCED BY FREIND, NOYE, CESSAR, MRKONIC, GODSHALL, MORRIS,
JOHNSON, TRELLO, ROBBINS, FLICK, CALTAGIRONE, WOGAN,
COLAFELLA, CORNELL, LASHINGER, COLAIZZO, D. W. SNYDER, TIGUE,
WOZNIAK, GLADECK, CAWLEY, McCALL, CLYMER, ANGSTADT, BIRMELIN,
ALLEN, GEIST, BELARDI, DISTLER, HAGARTY, HALUSKA, McVERRY,
E. Z. TAYLOR, MERRY, MARSICO, RITTER, RAYMOND, O'BRIEN,
MICOZZIE, FOX, J. H. CLARK, HECKLER, BURD AND JAMES,
MARCH 7, 1989
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 30, 1990
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, establishing trial by jury as a substantive
3 right.
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 Pennsylvania is proposed in accordance with Article XI:
8 That section 10(c) of Article V be amended to read:
9 § 10. Judicial administration.
10 * * *
11 (c) The Supreme Court shall have the power to prescribe
12 general rules governing practice, procedure and the conduct of
13 all courts, justices of the peace and all officers serving
14 process or enforcing orders, judgments or decrees of any court
1 or justice of the peace, including the power to provide for
2 assignment and reassignment of classes of actions or classes of
3 appeals among the several courts as the needs of justice shall
4 require, and for admission to the bar and to practice law, and
5 the administration of all courts and supervision of all officers
6 of the Judicial Branch, if such rules are consistent with this
7 Constitution and neither abridge, enlarge nor modify the
8 substantive rights of any litigant, nor affect the right of the
9 General Assembly to determine the jurisdiction of any court or
10 justice of the peace, nor suspend nor alter any statute of
11 limitation or repose. Trial by jury is a substantive right. IN <--
12 CRIMINAL COMMON PLEAS COURT CASES, THE COMMONWEALTH AND THE
13 DEFENDANT SHALL HAVE A RIGHT TO A TRIAL BY JURY. All laws shall
14 be suspended to the extent that they relate to rights of <--
15 procedure and are inconsistent with rules prescribed under these
16 provisions.
17 * * *
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