HOUSE AMENDED
PRIOR PASSAGE - NONE
PRIOR PRINTER'S NOS. 1, 739, 2359 PRINTER'S NO. 2414
No. 1 Session of 1989
INTRODUCED BY JUBELIRER, GREENLEAF, LOEPER, SCANLON, BRIGHTBILL,
WENGER, WILT, FISHER, HESS, TILGHMAN, HELFRICK, SHUMAKER,
SALVATORE, SHAFFER, LEMMOND, HOPPER, MADIGAN, CORMAN, BELL,
PUNT, GREENWOOD, BAKER, PETERSON, MUSTO, AFFLERBACH, LEWIS,
REIBMAN, STOUT, O'PAKE, PORTERFIELD AND ANDREZESKI,
JANUARY 20, 1989
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 29, 1990
A JOINT RESOLUTION
1 Proposing amendments to the Constitution of the Commonwealth of
2 Pennsylvania, changing provisions relating to judicial
3 discipline; and providing for financial disclosure, for
4 budgeting and for the financial affairs of the judiciary.
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 17 of Article V be amended to read:
10 § 17. Prohibited activities and financial disclosure.
11 (a) Justices and judges shall devote full time to their
12 judicial duties, and shall not engage in the practice of law,
13 hold office in a political party or political organization, or
14 hold an office or position of profit in the government of the
15 United States, the Commonwealth or any municipal corporation or
1 political subdivision thereof, except in the armed service of
2 the United States or the Commonwealth.
3 (b) Justices and judges shall not engage in any activity
4 prohibited by law and shall not violate any canon of legal or
5 judicial ethics prescribed by the Supreme Court. Justices of the
6 peace shall be governed by rules or canons which shall be
7 prescribed by the Supreme Court.
8 (c) No justice, judge or justice of the peace shall be paid
9 or accept for the performance of any judicial duty or for any
10 service connected with his office, any fee, emolument or
11 perquisite other than the salary and expenses provided by law.
12 (d) No duties shall be imposed by law upon the Supreme Court
13 or any of the justices thereof or the Superior Court or any of
14 the judges thereof, except such as are judicial, nor shall any
15 of them exercise any power of appointment except as provided in
16 this Constitution.
17 (e) The Supreme Court shall promulgate financial disclosure
18 requirements for all justices, judges, justices of the peace and
19 other officers or employees of the unified judicial system which
20 shall provide for no less disclosure than provided by law for
21 members of the General Assembly. In addition, such disclosure
22 shall include that information deemed necessary for the fair and
23 impartial administration of justice. These requirements shall
24 prohibit any justice, judge, justice of the peace or other
25 officer or employee of the system from taking the oath of office
26 or entering or continuing upon his or her duties or receiving
27 compensation from public funds unless he or she has complied
28 with such financial disclosure requirements.
29 (2) That section 18 of Article V be amended to read:
30 [§ 18. Suspension, removal, discipline and compulsory <--
19890S0001B2414 - 2 -
1 retirement.
2 (a) [There shall be a Judicial Inquiry and Review Board <--
3 having nine members as follows: three judges of the courts of
4 common pleas from different judicial districts and two judges of
5 the Superior Court, all of whom shall be selected by the Supreme
6 Court; and two non-judge members of the bar of the Supreme Court
7 and two non-lawyer electors, all of whom shall be selected by
8 the Governor.] There shall be a Judicial Conduct Board having 11 <--
9 members as follows: one active judge of the court of common
10 pleas appointed by the Supreme Court; one active judge of an
11 appellate court appointed by the Supreme Court; one active
12 justice of the peace appointed by the Supreme Court; one non-
13 judge member of the bar of the Supreme Court appointed by the
14 Supreme Court; one non-judge member of the bar of the Supreme
15 Court appointed by the Governor; two non-lawyer electors
16 appointed by the Governor; one non-lawyer elector appointed by
17 the President pro tempore of the Senate; one non-lawyer elector
18 appointed by the Minority Leader of the Senate; one non-lawyer
19 elector appointed by the Speaker of the House of
20 Representatives; and one non-lawyer elector appointed by the
21 Minority Leader of the House of Representatives. No member of
22 the General Assembly shall be eligible for membership on the
23 board.
24 § 18. JUDICIAL CONDUCT BOARD. <--
25 (A) THERE SHALL BE A JUDICIAL CONDUCT BOARD HAVING WITHIN <--
26 THE EXECUTIVE BRANCH, WHICH SHALL BE COMPOSED OF A TOTAL OF 11
27 MEMBERS AS FOLLOWS: TWO ACTIVE JUDGES ONE ACTIVE JUDGE OF THE <--
28 COURT OF COMMON PLEAS APPOINTED BY THE SUPREME COURT; ONE ACTIVE
29 JUDGE OF AN APPELLATE COURT APPOINTED BY THE SUPREME COURT; ONE
30 ACTIVE JUSTICE OF THE PEACE APPOINTED BY THE SUPREME COURT; TWO
19890S0001B2414 - 3 -
1 NON-JUDGE MEMBERS OF THE BAR OF THE SUPREME COURT APPOINTED BY
2 THE GOVERNOR; AND FIVE SIX NON-LAWYER ELECTORS APPOINTED BY THE <--
3 GOVERNOR. ALL MEMBERS OF THE JUDICIAL CONDUCT BOARD SHALL BE <--
4 APPOINTED BY THE RESPECTIVE APPOINTING AUTHORITY, WITH THE
5 ADVICE AND CONSENT OF A MAJORITY OF THE MEMBERS ELECTED TO THE
6 SENATE IN THE MANNER PROVIDED IN SECTION 8 OF ARTICLE IV OF THIS
7 CONSTITUTION.
8 (b) [The] Except for the initial appointees whose terms
9 shall be provided by the schedule to this amendment, the members
10 shall serve for terms of four years, provided that a member,
11 rather than his OR HER successor, shall continue to participate <--
12 in any hearing in progress at the end of [his term.] THIS TERM. <--
13 ALL MEMBERS SHALL BE RESIDENTS OF THIS COMMONWEALTH, AND NO MORE
14 THAN SIX OF THE 11 MEMBERS SHALL BE REGISTERED IN THE SAME
15 POLITICAL PARTY. JUDICIAL CONDUCT Board membership by a judge
16 shall terminate if the member ceases to hold the judicial
17 position that qualified him OR HER for the appointment. <--
18 Membership shall also terminate if a member attains a position
19 that would have rendered him OR HER ineligible for appointment <--
20 at the time of his THE appointment. A vacancy on the board shall <--
21 be filled by the respective appointing authority for the balance
22 of the term. The [respective appointing authority may remove a] <--
23 GOVERNOR MAY REMOVE ANY member only for cause. No member shall <--
24 serve more than four consecutive years[; he] but may be
25 reappointed after a lapse of one year. [Annually] The Governor
26 shall convene the board for its first meeting, and, at that
27 meeting and annually thereafter, the members of the board shall
28 elect a chairman. The board shall act only with the concurrence
29 of a majority of its members.
30 (c) [A member shall not] NO MEMBER OF THE JUDICIAL CONDUCT <--
19890S0001B2414 - 4 -
1 BOARD, DURING HIS OR HER TERM OF SERVICE, SHALL hold office in a
2 political party or political organization. [Members, other than
3 judges, shall be compensated for their services as the Supreme
4 Court shall prescribe.] EXCEPT FOR A JUDICIAL MEMBER, NO MEMBER <--
5 OF THE JUDICIAL CONDUCT BOARD, DURING HIS OR HER TERM OF
6 SERVICE, SHALL HOLD A PUBLIC OFFICE OR PUBLIC APPOINTMENT,
7 COMPENSATED OR UNCOMPENSATED. All members shall be reimbursed
8 for expenses necessarily incurred in the discharge of their
9 official duties. The board shall appoint a full-time executive <--
10 director, a counsel and such other staff as it shall deem
11 necessary and proper, shall adopt rules for its operation and
12 shall annually submit a proposed operating budget to the General
13 Assembly and the Governor.
14 (d) Under the procedure prescribed herein, any justice [or],
15 judge or justice of the peace may be suspended, removed from
16 office or otherwise disciplined or censured for violation of
17 section 17 of this article, misconduct in office, neglect of
18 duty, failure to perform [his duties] the duties of that office,
19 or conduct which prejudices the proper administration of justice
20 or brings the judicial office into disrepute, whether or not
21 such conduct occurred while acting in a judicial capacity or is
22 prohibited by law, and may be retired for disability seriously
23 interfering with the performance of his duties.
24 (e) The board shall keep informed as to matters relating to
25 grounds for suspension, removal, discipline, censure or
26 compulsory retirement of justices [or], judges or justices of
27 the peace. It shall receive complaints or reports, formal or
28 informal, from any source pertaining to such matters, and shall
29 make such preliminary investigations as it deems necessary,
30 which preliminary investigations shall be confidential.
19890S0001B2414 - 5 -
1 (f) The board, after such investigation and having found
2 probable cause, may order a hearing concerning the suspension,
3 removal, discipline, censure or compulsory retirement of a
4 justice [or], judge or justice of the peace. If the continued
5 service of a justice, judge or justice of the peace poses a
6 substantial and imminent threat to the fair and impartial
7 administration of justice or if the justice, judge or justice of
8 the peace has been indicted for a felony, the board may order
9 the immediate suspension of that justice, judge or justice of
10 the peace, with or without compensation, pending a final
11 resolution of the matter. The board's orders for attendance of
12 or testimony by witnesses or for the production of documents at
13 any hearing or investigation shall be enforceable by contempt
14 proceedings. Any hearing ordered by the board shall be conducted
15 consistent with the principles of due process and the rules of
16 evidence and shall be confidential except that the justice,
17 judge or justice of the peace who is the subject of the
18 proceeding may waive confidentiality. The filing of papers with
19 the board and the giving of testimony before the board shall be
20 privileged.
21 (g) [If, after hearing, the board finds good cause therefor,
22 it shall recommend to the Supreme Court the suspension, removal,
23 discipline or compulsory retirement of the justice or judge.]
24 If, after hearing, the board finds clear and convincing evidence
25 it shall order that a justice, judge or justice of the peace be
26 suspended with or without compensation, removed, disciplined,
27 censured or compulsorily retired. The board shall file the
28 record of any hearing conducted by it with the Supreme Court
29 within ten days of its order whether or not it ordered
30 suspension, removal, discipline, censure or compulsory
19890S0001B2414 - 6 -
1 retirement. Upon the filing, the board shall make available for
2 public inspection at the principal office of the board the
3 nature and disposition of each charge, all findings of fact, and
4 an opinion containing conclusions of law and any order of the
5 board.
6 (h) [The Supreme Court shall review the record of the
7 board's proceedings on the law and facts and may permit the
8 introduction of additional evidence. It shall order suspension,
9 removal, discipline or compulsory retirement, or wholly reject
10 the recommendation, as it finds just and proper. Upon an order
11 for 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.] Upon the rendering of an order by
21 the board, the procedure shall be as follows:
22 (1) The justice, judge or justice of the peace involved may
23 either accept the order of the board or make written request to
24 the Chief Justice within 30 days after receipt of the order for
25 a review thereof by the Supreme Court.
26 (2) If the justice, judge or justice of the peace accepts
27 the order of the board or fails to request a review thereof by
28 the Supreme Court, the order of the board shall be effective.
29 Upon an order for compulsory retirement, the justice, judge or
30 justice of the peace shall be retired with the same rights and
19890S0001B2414 - 7 -
1 privileges were he retired under section 16 of this article.
2 Upon an order for suspension without compensation or an order
3 for removal, the justice, judge or justice of the peace shall be
4 suspended or removed from office and his salary shall cease from
5 the date of the order.
6 (3) (i) If the justice, judge or justice of the peace seeks
7 review of an order of the board, the Supreme Court or, in the
8 case of a justice, an ad hoc court as set forth in subclause
9 (ii) shall review the board's findings of fact and conclusions
10 of law and the record of the proceedings upon which the board's
11 determination was based and may allow the introduction of
12 additional evidence. After the review, the Supreme Court or the
13 ad hoc court, as the case may be, may affirm, revise or reject
14 the ordered sanction.
15 (ii) In the event a Supreme Court justice is involved and
16 seeks review of an order of the board, the Court Administrator
17 of Pennsylvania Courts shall supervise the selection of an ad
18 hoc court of seven judges to be chosen by drawing lots from the
19 total combined membership of the Superior and Commonwealth
20 Courts, other than senior judges. The ad hoc court shall conduct
21 a review as set forth in subclause (i), and its decision shall
22 have the same effect as if rendered by the Supreme Court.
23 (4) If, after hearing, the board decides not to order
24 suspension, removal, discipline, censure or compulsory
25 retirement, or where an order is entered, the Supreme Court or
26 ad hoc court, as the case may be, may, on its own motion, and
27 shall, upon the petition of at least four members of the board,
28 have the decision of the board reviewed. Any review of the
29 decision of the board shall be initiated within 30 days of the
30 date that the record and decision of the board is filed with the
19890S0001B2414 - 8 -
1 Supreme Court. After the review, the Supreme Court or ad hoc
2 court may affirm the decision of the board or impose a sanction
3 upon the justice, judge or justice of the peace.
4 (5) In reviewing an order of the board under clauses (3) and
5 (4), the Supreme Court or ad hoc court shall complete its review
6 and render its judgment within 60 days of the request for
7 review. If the review is not completed and judgment not rendered
8 within 60 days, the order of the board shall be imposed by the
9 board. At the end of the 60-day period, whether or not the
10 review is completed, the entire record of the board and the
11 Supreme Court or ad hoc court shall be made public and made
12 available for public inspection at the principal office of the
13 board.
14 (i) No justice [or], judge or justice of the peace shall
15 participate as a member of the board or of the Supreme Court in
16 any proceeding involving his suspension, removal, discipline,
17 censure or compulsory retirement.
18 (j) No judge shall participate as a member of the board in
19 any proceeding involving a judge of the same court.
20 [(j)] (k) The Supreme Court shall prescribe rules of
21 procedure [under this section] for its review of decisions by
22 the board.
23 [(k) The Supreme Court shall prescribe rules of procedure
24 for the suspension, removal, discipline and compulsory
25 retirement of justices of the peace.]
26 (l) A justice, judge or justice of the peace convicted of
27 misbehavior in office by a court, disbarred as a member of the
28 bar of the Supreme Court or removed under this section 18 shall
29 forfeit automatically his judicial office and thereafter be
30 ineligible for judicial office.
19890S0001B2414 - 9 -
1 (m) A justice or judge who shall file for nomination for or
2 election to any public office other than a judicial office shall
3 forfeit automatically his judicial office.
4 (n) This section is in addition to and not in substitution
5 for the provisions for impeachment for misbehavior in office
6 contained in Article VI. No justice, judge or justice of the
7 peace against whom impeachment proceedings are pending in the
8 Senate shall exercise any of the duties of his office until he
9 has been acquitted.
10 (3) That Article V be amended by adding a section to read:
11 § 19. Financial affairs and budgets.
12 (a) As provided by law, the Supreme Court shall annually
13 submit to the Governor and the General Assembly proposed
14 operating budgets for the ensuing fiscal year for the Supreme
15 Court, Superior Court, Commonwealth Court, Court Administrator
16 of Pennsylvania and other statewide agencies, committees and
17 statewide units of the unified judicial system setting forth in
18 detail proposed expenditures classified by court, agency,
19 committee or unit for the year.
20 (b) The General Assembly shall include such operating budget
21 appropriations for the Supreme Court, Superior Court,
22 Commonwealth Court, Court Administrator of Pennsylvania and
23 other statewide agencies, committees and statewide units of the
24 unified judicial system as the General Assembly shall determine
25 to be necessary and reasonable in the general appropriation bill
26 or such separate appropriation bill as it deems appropriate. No
27 moneys shall be paid out of the State Treasury for the operation
28 of the unified judicial system except pursuant to an
29 appropriation approved by the General Assembly and upon warrant
30 issued by the proper officer.
19890S0001B2414 - 10 -
1 (c) All fees, charges and other moneys received by the
2 Supreme Court, Superior Court, Commonwealth Court or other
3 statewide agency, committee or statewide unit of the unified
4 judicial system, with the exception of payments mandated to a
5 party by court order and fees assessed by the Supreme Court and
6 paid to the Disciplinary Board of the Supreme Court or for a
7 client security fund, shall be deposited in the State Treasury
8 for appropriation by the General Assembly for the operations of
9 the unified judicial system.
10 (d) The financial affairs of the Supreme Court, Superior
11 Court, Commonwealth Court or other court, agency, committee or
12 unit of the unified judicial system shall be subject to audits
13 made in accordance with generally accepted auditing standards
14 and shall be performed by the Auditor General.
15 Section 2. (a) The members of the Judicial Inquiry and
16 Review Board appointed heretofore shall vacate their offices 60
17 days after the issuance of the proclamation certifying voter
18 approval of the amendments to section 18 of Article V, and all
19 proceedings pending before the board and all records shall be
20 transferred to the Judicial Conduct Board.
21 (b) Of the members initially appointed to the Judicial
22 Conduct Board, the appellate judge shall be appointed for a two-
23 year term and the judge of the court of common pleas for a four-
24 year term. The justice of the peace first appointed shall serve
25 a three-year term. The non-judge member of the bar of the
26 Supreme Court first appointed by the Supreme Court shall serve a
27 two-year term. The non-judge member of the bar of the Supreme
28 Court first appointed by the Governor shall serve a three-year
29 term. The members first appointed by the President pro tempore
30 of the Senate and the Speaker of the House of Representatives
19890S0001B2414 - 11 -
1 shall serve four-year terms. The members first appointed by the
2 Minority Leader of the Senate and the Minority Leader of the
3 House of Representatives shall serve two-year terms. The non-
4 lawyer elector first appointed by the Governor shall serve a
5 four-year term and the second non-lawyer elector shall serve a
6 three-year term.
7 Section 3. Paragraphs (1), (2) and (3) of section 1 shall
8 each be submitted by the Secretary of the Commonwealth as a
9 separate question to the qualified electors of this Commonwealth
10 at the primary, general or municipal election next held after
11 the advertising requirements of section 1 of Article XI of the
12 Constitution of Pennsylvania have been satisfied.
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
19890S0001B2414 - 12 -
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
19890S0001B2414 - 13 -
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 OR 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, CONDUCT PROSCRIBED IN <--
28 SECTIONS 17 AND 20(A) OF THIS ARTICLE, A FINDING OF WHICH SHALL
29 REQUIRE THE CONCURRENCE OF A MAJORITY APPROVAL BY A MAJORITY <--
30 VOTE OF THE JUDICIAL CONDUCT BOARD; AND PRESENT THE CASE IN <--
19890S0001B2414 - 14 -
1 SUPPORT OF THE CHARGES. AS DESCRIBED HEREIN; BY A MAJORITY VOTE, <--
2 APPOINT COUNSEL AND OTHER
3 (E) THE JUDICIAL CONDUCT BOARD, BY A MAJORITY VOTE, SHALL <--
4 APPOINT A CHIEF COUNSEL AND OTHER STAFF; PREPARE AND ADMINISTER
5 ITS OWN BUDGET AS PROVIDED BY LAW; AND ESTABLISH AND PROMULGATE
6 ITS OWN RULES OF PROCEDURE. THE BUDGET REQUEST OF THE JUDICIAL
7 CONDUCT BOARD SHALL BE MADE SEPARATELY TO THE GENERAL ASSEMBLY. <--
8 AND NOT AS AN ITEM IN THE REQUEST BY THE SUPREME COURT ON BEHALF <--
9 OF THE JUDICIAL SYSTEM.
10 (E) (F) THE JUSTICE, JUDGE OR JUSTICE OF THE PEACE WHOSE <--
11 CONDUCT IS THE SUBJECT OF AN INVESTIGATION BY THE JUDICIAL
12 CONDUCT BOARD SHALL BE GIVEN AN OPPORTUNITY TO FULLY RESPOND TO
13 THE COMPLAINT THE JUSTICE, JUDGE OR JUSTICE OF THE PEACE SHALL <--
14 BE PERMITTED TO ISSUE SUBPOENAS AND TAKE TESTIMONY UNDER OATH OF
15 WITNESSES AND TO COMPEL THE PRODUCTION OF DOCUMENTS, BOOKS,
16 ACCOUNTS AND OTHER RECORDS RELEVANT TO THE INVESTIGATION. AND <--
17 SHALL BE AFFORDED FULL DISCOVERY.
18 (F) (G) UNTIL A DETERMINATION OF PROBABLE CAUSE HAS BEEN <--
19 MADE AND FORMAL CHARGES HAVE BEEN FILED, ALL PROCEEDINGS SHALL
20 BE CONFIDENTIAL EXCEPT WHEN THE JUSTICE, JUDGE OR JUSTICE OF THE
21 PEACE UNDER INVESTIGATION WAIVES CONFIDENTIALITY, OR IN ANY CASE
22 IN WHICH, INDEPENDENT OF ANY ACTION BY THE JUDICIAL CONDUCT
23 BOARD, THE FACT THAT AN INVESTIGATION IS IN PROCESS BECOMES
24 PUBLIC, IN WHICH CASE THE JUDICIAL CONDUCT BOARD MAY, AT THE
25 DIRECTION OF THE JUSTICE, JUDGE OR JUSTICE OF THE PEACE UNDER
26 INVESTIGATION, ISSUE A STATEMENT TO CONFIRM THE PENDENCY OF THE
27 INVESTIGATION, TO CLARIFY THE PROCEDURAL ASPECTS OF THE
28 PROCEEDINGS, TO EXPLAIN THE RIGHT OF THE JUSTICE, JUDGE OR
29 JUSTICE OF THE PEACE TO A FAIR HEARING WITHOUT PREJUDGMENT, OR
30 TO STATE THAT THE JUSTICE, JUDGE OR JUSTICE OF THE PEACE DENIES
19890S0001B2414 - 15 -
1 THE ALLEGATIONS.
2 (G) (H) IF ON A COMPLAINT OF MENTAL OR PHYSICAL DISABILITY <--
3 THE JUDICIAL CONDUCT BOARD FINDS PROBABLE CAUSE TO FILE FORMAL
4 CHARGES AGAINST A JUSTICE, JUDGE OR JUSTICE OF THE PEACE, BEFORE <--
5 FILING FORMAL CHARGES, THE BOARD SHALL PRESENT ITS FINDINGS TO
6 THE JUSTICE, JUDGE OR JUSTICE OF THE PEACE AND PROVIDE HIM WITH
7 A REASONABLE PERIOD OF TIME WITHIN WHICH TO EXERCISE THE <--
8 OPPORTUNITY TO RESIGN OR, WHEN APPROPRIATE, TO ENTER A
9 REHABILITATION PROGRAM BEFORE THE FILING OF FORMAL CHARGES. <--
10 (H) (I) MEMBERS OF THE JUDICIAL CONDUCT BOARD AND ITS CHIEF <--
11 COUNSEL AND STAFF SHALL BE ABSOLUTELY IMMUNE FROM SUIT FOR ALL
12 CONDUCT IN THE COURSE OF THEIR OFFICIAL DUTIES. A COMPLAINT <--
13 SUBMITTED TO THE JUDICIAL CONDUCT BOARD OR TESTIMONY RELATED TO
14 THE COMPLAINT SHALL BE PRIVILEGED, AND NO CIVIL ACTION OR
15 DISCIPLINARY COMPLAINT PREDICATED ON THE COMPLAINT OR TESTIMONY
16 SHALL BE MAINTAINED AGAINST ANY COMPLAINANT OR WITNESS OR HIS OR
17 HER COUNSEL.
18 (3) THAT ARTICLE V BE AMENDED BY ADDING SECTIONS TO READ:
19 § 19. COURT OF JUDICIAL DISCIPLINE.
20 (A) THE COURT OF JUDICIAL DISCIPLINE SHALL BE COMPOSED OF A <--
21 TOTAL OF SEVEN MEMBERS: THREE OF WHOM SHALL BE OF THE BAR OF THE
22 SUPREME COURT, ONE OF WHOM IS NOT A JUSTICE, JUDGE OR A JUSTICE
23 OF THE PEACE, ONE OF WHOM IS A JUDGE, OTHER THAN A SENIOR JUDGE,
24 FROM THE COURTS OF COMMON PLEAS, AND ONE OF WHOM IS A JUDGE,
25 OTHER THAN A SENIOR JUDGE, OF THE SUPERIOR COURT OR THE
26 COMMONWEALTH COURT; THREE LAY MEMBERS WHO ARE ADULT RESIDENTS OF
27 THIS COMMONWEALTH; AND ONE JUSTICE OF THE PEACE. MEMBERS OF THE
28 COURT OF JUDICIAL DISCIPLINE SHALL BE APPOINTED BY THE GOVERNOR.
29 (A) THERE SHALL BE A COURT OF JUDICIAL DISCIPLINE WITHIN THE <--
30 JUDICIAL BRANCH, WHICH SHALL BE COMPOSED OF A TOTAL OF SEVEN
19890S0001B2414 - 16 -
1 MEMBERS AS FOLLOWS: ONE ACTIVE JUDGE OF THE COURT OF COMMON
2 PLEAS; ONE ACTIVE JUDGE OF AN APPELLATE COURT; ONE ACTIVE
3 JUSTICE OF THE PEACE; ONE NON-JUDGE MEMBER OF THE BAR OF THE
4 SUPREME COURT; AND THREE NON-LAWYER ELECTORS. MEMBERS OF THE
5 COURT OF JUDICIAL DISCIPLINE SHALL BE APPOINTED BY THE GOVERNOR,
6 WITH THE ADVICE AND CONSENT OF A MAJORITY OF THE MEMBERS ELECTED
7 TO THE SENATE IN THE MANNER PROVIDED IN SECTION 8 OF ARTICLE IV
8 OF THIS CONSTITUTION.
9 (B) EXCEPT FOR THE INITIAL APPOINTEES WHOSE TERMS SHALL BE
10 PROVIDED BY THE SCHEDULE TO THIS ARTICLE, THE MEMBERS SHALL
11 SERVE FOR TERMS OF FOUR YEARS, PROVIDED THAT A MEMBER, RATHER
12 THAN HIS OR HER SUCCESSOR, SHALL CONTINUE TO PARTICIPATE IN ANY <--
13 HEARING IN PROGRESS AT THE END OF THIS TERM. ALL MEMBERS SHALL <--
14 BE RESIDENTS OF THIS COMMONWEALTH, AND NO MORE THAN FOUR OF THE
15 SEVEN MEMBERS SHALL BE REGISTERED IN THE SAME POLITICAL PARTY.
16 COURT OF JUDICIAL DISCIPLINE MEMBERSHIP BY A JUDGE SHALL
17 TERMINATE IF THE JUDGE CEASES TO HOLD THE JUDICIAL POSITION THAT
18 QUALIFIED HIM FOR COURT OF JUDICIAL DISCIPLINE APPOINTMENT.
19 COURT OF JUDICIAL DISCIPLINE MEMBERSHIP SHALL ALSO TERMINATE IF
20 A MEMBER ATTAINS A POSITION THAT WOULD HAVE RENDERED HIM OR HER <--
21 INELIGIBLE FOR APPOINTMENT AT THE TIME OF HIS THE APPOINTMENT. A <--
22 VACANCY ON THE COURT OF JUDICIAL DISCIPLINE SHALL BE FILLED BY
23 THE GOVERNOR FOR THE BALANCE OF THE TERM. THE GOVERNOR MAY <--
24 REMOVE ANY MEMBER ONLY FOR CAUSE. NO MEMBER OF THE COURT OF
25 JUDICIAL DISCIPLINE SHALL SERVE MORE THAN FOUR CONSECUTIVE YEARS
26 BUT MAY BE REAPPOINTED AFTER A LAPSE OF ONE YEAR.
27 NO MEMBER OF THE COURT (C) NO MEMBER OF THE COURT OF <--
28 JUDICIAL DISCIPLINE, DURING HIS OR HER TERM OF SERVICE, SHALL <--
29 HOLD OFFICE IN ANY POLITICAL PARTY OR POLITICAL ORGANIZATION.
30 EXCEPT FOR A JUDICIAL MEMBER, NO MEMBER OF THE COURT OF JUDICIAL
19890S0001B2414 - 17 -
1 DISCIPLINE, DURING HIS OR HER TERM OF SERVICE, SHALL HOLD A <--
2 PUBLIC OFFICE OR PUBLIC APPOINTMENT, COMPENSATED OR
3 UNCOMPENSATED. ALL MEMBERS SHALL BE REIMBURSED FOR EXPENSES <--
4 NECESSARILY INCURRED IN THE DISCHARGE OF THEIR OFFICIAL DUTIES.
5 (C) (D) THE COURT OF JUDICIAL DISCIPLINE SHALL BE A COURT OF <--
6 RECORD WITH ALL THE ATTENDANT DUTIES AND POWERS APPROPRIATE TO
7 ITS FUNCTION, AND SHALL HOLD PUBLIC PROCEEDINGS, CONDUCTED
8 CONSISTENT WITH THE PRINCIPLES OF DUE PROCESS AND THE RULES LAW <--
9 OF EVIDENCE; ENABLE PARTIES APPEARING BEFORE IT TO SUBPOENA
10 WITNESSES AND TO COMPEL THE PRODUCTION OF DOCUMENTS, BOOKS,
11 ACCOUNTS AND OTHER RECORDS AS RELEVANT; RENDER ITS DECISION IN
12 WRITING, EACH DECISION TO INCLUDE ITS FINDING OF FACT,
13 CONCLUSIONS OF LAW AND DISCUSSION OF REASONS; HAVE ITS
14 PROCEEDINGS TRANSCRIBED; ORDER REMOVAL FROM OFFICE, SUSPENSION,
15 CENSURE OR OTHER DISCIPLINE AS AUTHORIZED BY SECTION 20 OF THIS
16 ARTICLE AND AS WARRANTED BY THE RECORD; APPOINT STAFF AND
17 PREPARE AND ADMINISTER ITS OWN BUDGET AS PROVIDED BY LAW. ALL
18 ACTIONS OF THE COURT OF JUDICIAL DISCIPLINE, INCLUDING
19 DISCIPLINARY ACTION, SHALL REQUIRE THE CONCURRENCE OF A MAJORITY <--
20 APPROVAL BY A MAJORITY VOTE OF THE COURT. THE BUDGET REQUEST OF <--
21 THE COURT OF JUDICIAL DISCIPLINE SHALL BE MADE SEPARATELY TO THE
22 GENERAL ASSEMBLY, AND NOT AS AN ITEM IN THE REQUEST BY THE
23 SUPREME COURT ON BEHALF OF THE JUDICIAL SYSTEM.
24 (D) (E) UPON THE FILING OF FORMAL CHARGES BY THE JUDICIAL <--
25 CONDUCT BOARD, THE COURT OF JUDICIAL DISCIPLINE SHALL SCHEDULE A
26 PROMPT HEARING TO DETERMINE WHETHER A SANCTION PURSUANT TO THE
27 PROVISIONS OF SECTION 20 SHOULD BE IMPOSED. THE COURT OF <--
28 JUDICIAL DISCIPLINE SHALL AFFORD THE JUSTICE, JUDGE OR JUSTICE
29 OF THE PEACE FULL DISCOVERY AND A FAIR OPPORTUNITY TO PREPARE
30 FOR THE HEARING. THE JUDICIAL CONDUCT BOARD SHALL HAVE THE
19890S0001B2414 - 18 -
1 BURDEN OF PROVING THE CONDUCT COMPLAINED OF BY CLEAR AND
2 CONVINCING EVIDENCE.
3 (E) (F) MEMBERS OF THE COURT OF JUDICIAL DISCIPLINE AND THE <--
4 COURT'S STAFF SHALL BE ABSOLUTELY IMMUNE FROM SUIT FROM ALL
5 CONDUCT IN THE COURSE OF THEIR OFFICIAL DUTIES AND NO CIVIL <--
6 ACTION OR DISCIPLINARY COMPLAINT PREDICATED ON TESTIMONY BEFORE
7 THE COURT OF JUDICIAL DISCIPLINE SHALL BE MAINTAINED AGAINST ANY
8 WITNESS OR HIS OR HER COUNSEL.
9 § 20. SANCTIONS PROSCRIBED CONDUCT AND SANCTIONS. <--
10 (A) UNDER THE PROCEDURES PRESCRIBED HEREIN, ANY JUSTICE, <--
11 JUDGE OR JUSTICE OF THE PEACE MAY BE SUSPENDED, REMOVED FROM
12 OFFICE OR OTHERWISE DISCIPLINED FOR VIOLATION OF SECTION 17 OF
13 THIS ARTICLE, MISCONDUCT IN OFFICE, NEGLECT OR FAILURE TO
14 PERFORM THE DUTIES OF OFFICE, OR CONDUCT WHICH PREJUDICES THE
15 PROPER ADMINISTRATION OF JUSTICE OR BRINGS THE JUDICIAL OFFICE
16 INTO DISREPUTE, WHETHER OR NOT SUCH CONDUCT OCCURRED WHILE
17 ACTING IN A JUDICIAL CAPACITY OR IS PROHIBITED BY LAW, AND FOR
18 CONDUCT IN VIOLATION OF A CANON OR RULE PRESCRIBED BY THE
19 SUPREME COURT.
20 (A) (B) THE COURT OF JUDICIAL DISCIPLINE SHALL, UNTIL THERE <--
21 IS AN ACQUITTAL OR CONVICTION FOR THE FELONY OFFENSE, ORDER
22 SUSPENDED WITHOUT PAY ANY JUSTICE, JUDGE OR JUSTICE OF THE PEACE
23 AGAINST WHOM THERE HAS BEEN FILED AN INDICTMENT OR INFORMATION
24 CHARGING A FELONY. AN INTERIM ORDER OF SUSPENSION, WITH OR
25 WITHOUT PAY, MAY BE ENTERED AGAINST A JUSTICE, JUDGE OR JUSTICE
26 OF THE PEACE AGAINST WHOM FORMAL CHARGES HAVE BEEN FILED WITH
27 THE COURT OF JUDICIAL DISCIPLINE BY THE JUDICIAL CONDUCT BOARD.
28 SUCH ORDER SHALL NOT BE IMMEDIATELY APPEALABLE.
29 IN THE CASE OF A (C) IN THE CASE OF A MENTALLY OR PHYSICALLY <--
30 DISABLED JUSTICE, JUDGE OR JUSTICE OF THE PEACE, THE COURT OF
19890S0001B2414 - 19 -
1 JUDICIAL DISCIPLINE MAY ENTER AN ORDER OF REMOVAL FROM OFFICE,
2 RETIREMENT, SUSPENSION OR OTHER LIMITATIONS ON THE ACTIVITIES OF <--
3 THE JUSTICE, JUDGE OR JUSTICE OF THE PEACE AS WARRANTED BY THE
4 RECORD.
5 (B) (D) THE COURT OF JUDICIAL DISCIPLINE MAY ORDER <--
6 SUSPENDED, WITH OR WITHOUT PAY, ANY JUSTICE, JUDGE OR JUSTICE OF <--
7 THE PEACE AFTER A DETERMINATION THAT THE CONTINUED SERVICE OF
8 THE JUSTICE, JUDGE OR JUSTICE OF THE PEACE POSES A SUBSTANTIAL
9 OR IMMINENT THREAT TO THE FAIR AND IMPARTIAL ADMINISTRATION OF
10 JUSTICE.
11 (C) ANY JUSTICE, JUDGE OR JUSTICE OF THE PEACE MAY BE <--
12 SUSPENDED, REMOVED FROM OFFICE OR OTHERWISE DISCIPLINED FOR
13 VIOLATION OF SECTION 17 OF THIS ARTICLE, MISCONDUCT IN OFFICE,
14 NEGLECT OR FAILURE TO PERFORM THE DUTIES OF OFFICE, OR CONDUCT
15 WHICH PREJUDICES THE PROPER ADMINISTRATION OF JUSTICE OR BRINGS
16 THE JUDICIAL OFFICE INTO DISREPUTE, WHETHER OR NOT SUCH CONDUCT
17 OCCURRED WHILE ACTING IN A JUDICIAL CAPACITY OR IS PROHIBITED BY
18 LAW, AND FOR CONDUCT IN VIOLATION OF A CANON OR RULE PRESCRIBED
19 BY THE SUPREME COURT.
20 (D) (E) UPON AN ORDER OF THE COURT OF JUDICIAL DISCIPLINE <--
21 FOR SUSPENSION WITHOUT PAY OR REMOVAL, THE JUSTICE OR JUDGE <--
22 SHALL BE SUSPENDED OR REMOVED FROM OFFICE, AND HIS SALARY SHALL
23 CEASE FROM THE DATE OF SUCH ORDER.
24 (E) (F) A JUSTICE, JUDGE OR JUSTICE OF THE PEACE CONVICTED <--
25 OF MISBEHAVIOR IN OFFICE BY A COURT, DISBARRED AS A MEMBER OF
26 THE BAR OF THE SUPREME COURT OR REMOVED UNDER THIS SECTION SHALL
27 FORFEIT AUTOMATICALLY HIS JUDICIAL OFFICE AND THEREAFTER BE
28 INELIGIBLE FOR JUDICIAL OFFICE.
29 (F) (G) A JUSTICE, JUDGE OR JUSTICE OF THE PEACE WHO FILES <--
30 FOR NOMINATION FOR OR ELECTION TO ANY PUBLIC OFFICE OTHER THAN A
19890S0001B2414 - 20 -
1 JUDICIAL OFFICE SHALL FORFEIT AUTOMATICALLY HIS JUDICIAL OFFICE.
2 (G) (H) THIS SECTION IS IN ADDITION TO AND NOT IN <--
3 SUBSTITUTION FOR THE PROVISIONS FOR IMPEACHMENT FOR MISBEHAVIOR
4 IN OFFICE CONTAINED IN ARTICLE VI. NO JUSTICE, JUDGE OR JUSTICE
5 OF THE PEACE AGAINST WHOM IMPEACHMENT PROCEEDINGS ARE PENDING IN
6 THE SENATE SHALL EXERCISE ANY OF THE DUTIES OF THE OFFICE UNTIL
7 HE HAS BEEN ACQUITTED.
8 § 21. REVIEW OF COURT OF JUDICIAL DISCIPLINE.
9 (A) A JUSTICE, JUDGE OR JUSTICE OF THE PEACE, OTHER THAN A
10 JUSTICE OF THE SUPREME COURT, IN A MANNER CONSISTENT WITH THE
11 RULES OF THE SUPREME COURT, MAY APPEAL TO THE SUPREME COURT A
12 FINAL ADVERSE ORDER OF THE COURT OF JUDICIAL DISCIPLINE. THE
13 SUPREME COURT SHALL NOT REVIEW THE RECORD DE NOVO, BUT RATHER AS
14 IT WOULD REVIEW THE RECORD TO DETERMINE WHETHER THE COURT OF <--
15 JUDICIAL DISCIPLINE ABUSED ITS DISCRETION OR COMMITTED AN ERROR
16 OF LAW IN A CIVIL ACTION IN WHICH THE MOVING PARTY IN THE LOWER <--
17 COURT HAD THE BURDEN OF PROVING ITS ALLEGATIONS BY CLEAR AND
18 CONVINCING EVIDENCE. THE SUPREME COURT MAY REVISE OR REJECT THE
19 ORDER OF THE COURT OF JUDICIAL DISCIPLINE UPON A DETERMINATION
20 THE ORDER CONTAINS ERROR OF LAW OR IS AN ABUSE OF DISCRETION DID <--
21 NOT SUSTAIN THIS STANDARD OF REVIEW; OTHERWISE THE SUPREME COURT
22 SHALL AFFIRM THE ORDER OF THE COURT OF JUDICIAL DISCIPLINE.
23 (B) A JUSTICE OF THE SUPREME COURT, IN A MANNER CONSISTENT
24 WITH THE RULES OF THE SUPREME COURT, MAY APPEAL A FINAL ADVERSE
25 ORDER OF THE COURT OF JUDICIAL DISCIPLINE TO A SPECIAL REVIEW <--
26 PANEL CONSISTING OF THE FOUR MOST SENIOR MEMBERS SEVEN JUDGES TO <--
27 BE CHOSEN BY LOT FROM THE JUDGES OF THE SUPERIOR COURT AND THE <--
28 THREE MOST SENIOR MEMBERS OF THE COMMONWEALTH COURT, WHO AND THE <--
29 COMMONWEALTH COURT, OTHER THAN SENIOR JUDGES, AND WHO DO NOT
30 THEMSELVES SIT ON THE COURT OF JUDICIAL DISCIPLINE. THE APPEAL
19890S0001B2414 - 21 -
1 SHALL IN ALL OTHER RESPECTS CONFORM WITH THE REQUIREMENTS OF
2 THIS SECTION.
3 (C) NO JUSTICE, JUDGE OR JUSTICE OF THE PEACE SHALL
4 PARTICIPATE AS A MEMBER OF THE JUDICIAL CONDUCT BOARD, THE COURT
5 OF JUDICIAL DISCIPLINE, A SPECIAL REVIEW PANEL OR THE SUPREME <--
6 COURT IN ANY PROCEEDING INVOLVING HIS OR HER SUSPENSION, <--
7 REMOVAL, DISCIPLINE OR COMPULSORY RETIREMENT.
8 (4) THAT ARTICLE V BE AMENDED BY ADDING A SECTION TO READ: <--
9 § 22. FINANCIAL AFFAIRS AND BUDGETS.
10 (A) AS PROVIDED BY LAW, THE SUPREME COURT SHALL ANNUALLY
11 SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY PROPOSED
12 OPERATING BUDGETS FOR THE ENSUING FISCAL YEAR FOR THE SUPREME
13 COURT, SUPERIOR COURT, COMMONWEALTH COURT, COURT ADMINISTRATOR
14 OF PENNSYLVANIA AND OTHER STATEWIDE AGENCIES, COMMITTEES AND
15 STATEWIDE UNITS OF THE UNIFIED JUDICIAL SYSTEM SETTING FORTH IN
16 DETAIL PROPOSED EXPENDITURES CLASSIFIED BY COURT, AGENCY,
17 COMMITTEE OR UNIT FOR THE YEAR.
18 (B) THE GENERAL ASSEMBLY SHALL INCLUDE SUCH OPERATING BUDGET
19 APPROPRIATIONS FOR THE SUPREME COURT, SUPERIOR COURT,
20 COMMONWEALTH COURT, COURT ADMINISTRATOR OF PENNSYLVANIA AND
21 OTHER STATEWIDE AGENCIES, COMMITTEES AND STATEWIDE UNITS OF THE
22 UNIFIED JUDICIAL SYSTEM AS THE GENERAL ASSEMBLY SHALL DETERMINE
23 TO BE NECESSARY AND REASONABLE IN THE GENERAL APPROPRIATION BILL
24 OR SUCH SEPARATE APPROPRIATION BILL AS IT DEEMS APPROPRIATE. NO
25 MONEYS SHALL BE PAID OUT OF THE STATE TREASURY FOR THE OPERATION
26 OF THE UNIFIED JUDICIAL SYSTEM EXCEPT PURSUANT TO AN
27 APPROPRIATION APPROVED BY THE GENERAL ASSEMBLY AND UPON WARRANT
28 ISSUED BY THE PROPER OFFICER.
29 (C) ALL FEES, CHARGES AND OTHER MONEYS RECEIVED BY THE
30 SUPREME COURT, SUPERIOR COURT, COMMONWEALTH COURT OR OTHER
19890S0001B2414 - 22 -
1 STATEWIDE AGENCY, COMMITTEE OR STATEWIDE UNIT OF THE UNIFIED
2 JUDICIAL SYSTEM, WITH THE EXCEPTION OF PAYMENTS MANDATED TO A
3 PARTY BY COURT ORDER AND FEES ASSESSED BY THE SUPREME COURT AND
4 PAID TO THE DISCIPLINARY BOARD OF THE SUPREME COURT OR FOR A
5 CLIENT SECURITY FUND, SHALL BE DEPOSITED IN THE STATE TREASURY
6 FOR APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE OPERATIONS OF
7 THE UNIFIED JUDICIAL SYSTEM.
8 (D) THE FINANCIAL AFFAIRS OF THE SUPREME COURT, SUPERIOR
9 COURT, COMMONWEALTH COURT OR OTHER COURT, AGENCY, COMMITTEE OR
10 UNIT OF THE UNIFIED JUDICIAL SYSTEM SHALL BE SUBJECT TO AUDITS
11 MADE IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS
12 AND SHALL BE PERFORMED AS PRESCRIBED BY THE GENERAL ASSEMBLY BY
13 LAW.
14 SECTION 2. (A) THE MEMBERS OF THE JUDICIAL INQUIRY AND
15 REVIEW BOARD APPOINTED HERETOFORE SHALL VACATE THEIR OFFICE 60
16 DAYS AFTER THE ISSUANCE OF THE PROCLAMATION CERTIFYING VOTER
17 APPROVAL OF THE AMENDMENTS TO SECTION 18 OF ARTICLE V AND ALL
18 PROCEEDINGS PENDING BEFORE THE BOARD AND ALL RECORDS SHALL BE
19 TRANSFERRED TO THE JUDICIAL CONDUCT BOARD.
20 (B) OF THE MEMBERS INITIALLY APPOINTED TO THE JUDICIAL
21 CONDUCT BOARD, THE APPELLATE JUDGE SHALL BE APPOINTED FOR A TWO- <--
22 YEAR TERM. THE COMMON PLEAS JUDGE FIRST APPOINTED BY THE SUPREME
23 COURT SHALL SERVE A FOUR-YEAR TERM AND THE SECOND COMMON PLEAS
24 JUDGE SHALL SERVE A TWO-YEAR TERM. COURT JUDGE AND THE COMMON <--
25 PLEAS COURT JUDGE SHALL BE APPOINTED TO SERVE FOUR-YEAR TERMS.
26 THE JUSTICE OF THE PEACE FIRST APPOINTED SHALL SERVE A THREE-
27 YEAR TERM. THE NON-JUDGE MEMBER OF THE BAR OF THE SUPREME COURT <--
28 FIRST APPOINTED BY THE GOVERNOR SHALL SERVE A FOUR-YEAR THREE- <--
29 YEAR TERM AND THE SECOND NON-JUDGE MEMBER SHALL SERVE A THREE- <--
30 YEAR TWO-YEAR TERM. OF THE NON-LAWYER ELECTORS APPOINTED BY THE <--
19890S0001B2414 - 23 -
1 GOVERNOR, THE FIRST TWO APPOINTED SHALL SERVE FOUR-YEAR TERMS;
2 THE NEXT ONE APPOINTED SHALL SERVE A THREE-YEAR TERM; AND THE
3 FINAL TWO THREE APPOINTED SHALL SERVE TWO-YEAR TERMS. <--
4 (C) OF THE MEMBERS INITIALLY APPOINTED TO THE COURT OF
5 JUDICIAL DISCIPLINE, THE GOVERNOR SHALL APPOINT THREE MEMBERS
6 FOR TERMS OF FOUR YEARS, TWO MEMBERS FOR TERMS OF THREE YEARS
7 AND TWO MEMBERS FOR TERMS OF TWO YEARS.
8 SECTION 3. PARAGRAPHS (1), (2) AND (3) OF SECTION 1 SHALL
9 EACH BE SUBMITTED BE SUBMITTED TOGETHER AS ONE QUESTION AND <--
10 PARAGRAPH (4) OF SECTION 1 SHALL BE SUBMITTED AS A SEPARATE
11 QUESTION BY THE SECRETARY OF THE COMMONWEALTH AS A SEPARATE <--
12 QUESTION TO THE QUALIFIED ELECTORS OF THIS COMMONWEALTH AT THE
13 PRIMARY, GENERAL OR MUNICIPAL ELECTION NEXT HELD AFTER THE
14 ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE XI OF THE
15 CONSTITUTION OF PENNSYLVANIA HAVE BEEN SATISFIED.
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