PRIOR PASSAGE - J.R. 1990-1
PRINTER'S NO. 1
No. 1 Session of 1991
INTRODUCED BY DeWEESE, O'DONNELL, HAYDEN, HAGARTY, RYAN,
CALTAGIRONE, KUKOVICH, MAIALE, NICKOL, ROBINSON, COY, McCALL,
PISTELLA, COWELL, MARKOSEK, MIHALICH, MERRY, GIGLIOTTI,
LLOYD, VEON, DALEY, DeLUCA, KOSINSKI, LEVDANSKY, FREEMAN,
BLAUM, BOWLEY, BARLEY, STRITTMATTER, DEMPSEY, VAN HORNE,
GODSHALL, BELFANTI, STEIGHNER, NOYE, STURLA, KENNEY, HECKLER,
G. SNYDER, ITKIN, PETRARCA, TANGRETTI, JOHNSON, HERMAN,
PESCI, BOYES, WOGAN, HALUSKA, JOSEPHS, BUNT AND MICHLOVIC,
JANUARY 15, 1991
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 15, 1991
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
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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.]
9 § 18. Judicial Conduct Board.
10 (a) There shall be a Judicial Conduct Board within the
11 executive branch, which shall be composed of a total of 11
12 members as follows: one active judge of the court of common
13 pleas appointed by the Supreme Court, one active judge of an
14 appellate court appointed by the Supreme Court, one active
15 justice of the peace appointed by the Supreme Court, two non-
16 judge members of the bar of the Supreme Court appointed by the
17 Governor, and six non-lawyer electors appointed by the Governor.
18 All members of the Judicial Conduct Board shall be appointed by
19 the respective appointing authority, with the advice and consent
20 of a majority of the members elected to the Senate in the manner
21 provided in section 8 of Article IV of this Constitution.
22 (b) [The] Except for the initial appointees whose terms
23 shall be provided by the schedule to this amendment, the members
24 shall serve for terms of four years, provided that a member,
25 rather than his or her successor, shall continue to participate
26 in any hearing in progress at the end of [his term.] this term.
27 All members shall be residents of this Commonwealth, and no more
28 than six of the 11 members shall be registered in the same
29 political party. Judicial Conduct Board membership by a judge
30 shall terminate if the member ceases to hold the judicial
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1 position that qualified him or her for the appointment.
2 Membership shall also terminate if a member attains a position
3 that would have rendered him or her ineligible for appointment
4 at the time of the appointment. A vacancy on the board shall be
5 filled by the respective appointing authority for the balance of
6 the term. The [respective appointing authority may remove a]
7 Governor may remove any member only for cause. No member shall
8 serve more than four consecutive years[; he] but may be
9 reappointed after a lapse of one year. [Annually] The Governor
10 shall convene the board for its first meeting, and, at that
11 meeting and annually thereafter, the members of the board shall
12 elect a chairman. The board shall act only with the concurrence
13 of a majority of its members.
14 (c) [A member shall not] No member of the Judicial Conduct
15 Board, during his or her term of service, shall hold office in a
16 political party or political organization. [Members, other than
17 judges, shall be compensated for their services as the Supreme
18 Court shall prescribe.] Except for a judicial member, no member
19 of the Judicial Conduct Board, during his or her term of
20 service, shall hold a public office or public appointment,
21 compensated or uncompensated. All members shall be reimbursed
22 for expenses necessarily incurred in the discharge of their
23 official duties.
24 [(d) Under the procedure prescribed herein, any justice or
25 judge may be suspended, removed from office or otherwise
26 disciplined for violation of section 17 of this article,
27 misconduct in office, neglect of duty, failure to perform his
28 duties, or conduct which prejudices the proper administration of
29 justice or brings the judicial office into disrepute, and may be
30 retired for disability seriously interfering with the
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1 performance of his duties.
2 (e) The board shall keep informed as to matters relating to
3 grounds for suspension, removal, discipline, or compulsory
4 retirement of justices or judges. It shall receive complaints or
5 reports, formal or informal, from any source pertaining to such
6 matters, and shall make such preliminary investigations as it
7 deems necessary.
8 (f) The board, after such investigation, may order a hearing
9 concerning the suspension, removal, discipline or compulsory
10 retirement of a justice or judge. The board's orders for
11 attendance of or testimony by witnesses or for the production of
12 documents at any hearing or investigation shall be enforceable
13 by contempt proceedings.
14 (g) If, after hearing, the board finds good cause therefor,
15 it shall recommend to the Supreme Court the suspension, removal,
16 discipline or compulsory retirement of the justice or judge.
17 (h) The Supreme Court shall review the record of the board's
18 proceedings on the law and facts and may permit the introduction
19 of additional evidence. It shall order suspension, removal,
20 discipline or compulsory retirement, or wholly reject the
21 recommendation, as it finds just and proper. Upon an order for
22 compulsory retirement, the justice or judge shall be retired
23 with the same rights and privileges were he retired under
24 section 16 of this article. Upon an order for suspension or
25 removal, the justice or judge shall be suspended or removed from
26 office, and his salary shall cease from the date of such order.
27 All papers filed with and proceedings before the board shall be
28 confidential but upon being filed by the board in the Supreme
29 Court, the record shall lose its confidential character. The
30 filing of papers with and the giving of testimony before the
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1 board shall be privileged.
2 (i) No justice or judge shall participate as a member of the
3 board or of the Supreme Court in any proceeding involving his
4 suspension, removal, discipline or compulsory retirement.
5 (j) The Supreme Court shall prescribe rules of procedure
6 under this section.
7 (k) The Supreme Court shall prescribe rules of procedure for
8 the suspension, removal, discipline and compulsory retirement of
9 justices of the peace.
10 (l) A justice, judge or justice of the peace convicted of
11 misbehavior in office by a court, disbarred as a member of the
12 bar of the Supreme Court or removed under this section 18 shall
13 forfeit automatically his judicial office and thereafter be
14 ineligible for judicial office.
15 (m) A justice or judge who shall file for nomination for or
16 election to any public office other than a judicial office shall
17 forfeit automatically his judicial office.
18 (n) This section is in addition to and not in substitution
19 for the provisions for impeachment for misbehavior in office
20 contained in Article VI. No justice, judge or justice of the
21 peace against whom impeachment proceedings are pending in the
22 Senate shall exercise any of the duties of his office until he
23 has been acquitted.]
24 (d) The Judicial Conduct Board shall receive and investigate
25 complaints regarding judicial conduct filed by individuals or
26 initiated by the Judicial Conduct Board; promulgate rules for
27 determining whether a complaint is reasonably based; issue
28 subpoenas to compel testimony under oath of witnesses, including
29 the subject of the investigation, and to compel the production
30 of documents, books, accounts and other records relevant to the
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1 investigation; determine whether there is probable cause to file
2 formal charges against a justice, judge or justice of the peace,
3 for conduct proscribed in sections 17 and 20(a) of this article,
4 a finding of which shall require approval by a majority vote of
5 the Judicial Conduct Board; and present the case in support of
6 the charges.
7 (e) The Judicial Conduct Board, by a majority vote, shall
8 appoint a chief counsel and other staff, prepare and administer
9 its own budget as provided by law, and establish and promulgate
10 its own rules of procedure. The budget request of the Judicial
11 Conduct Board shall be made separately to the General Assembly.
12 (f) The justice, judge or justice of the peace whose conduct
13 is the subject of an investigation by the Judicial Conduct Board
14 shall be given an opportunity to fully respond to the complaint
15 and shall be afforded full discovery.
16 (g) Until a determination of probable cause has been made
17 and formal charges have been filed, all proceedings shall be
18 confidential except when the justice, judge or justice of the
19 peace under investigation waives confidentiality, or in any case
20 in which, independent of any action by the Judicial Conduct
21 Board, the fact that an investigation is in process becomes
22 public, in which case the Judicial Conduct Board may, at the
23 direction of the justice, judge or justice of the peace under
24 investigation, issue a statement to confirm the pendency of the
25 investigation, to clarify the procedural aspects of the
26 proceedings, to explain the right of the justice, judge or
27 justice of the peace to a fair hearing without prejudgment or to
28 state that the justice, judge or justice of the peace denies the
29 allegations.
30 (h) If on a complaint of mental or physical disability the
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1 Judicial Conduct Board finds probable cause to file formal
2 charges against a justice, judge or justice of the peace, the
3 board shall present its findings to the justice, judge or
4 justice of the peace and provide him with the opportunity to
5 resign or, when appropriate, to enter a rehabilitation program
6 before the filing of formal charges.
7 (i) Members of the Judicial Conduct Board and its chief
8 counsel and staff shall be absolutely immune from suit for all
9 conduct in the course of their official duties. A complaint
10 submitted to the Judicial Conduct Board or testimony related to
11 the complaint shall be privileged, and no civil action or
12 disciplinary complaint predicated on the complaint or testimony
13 shall be maintained against any complainant or witness or his or
14 her counsel.
15 (3) That Article V be amended by adding sections to read:
16 § 19. Court of Judicial Discipline.
17 (a) There shall be a Court of Judicial Discipline within the
18 judicial branch, which shall be composed of a total of seven
19 members as follows: one active judge of the court of common
20 pleas, one active judge of an appellate court, one active
21 justice of the peace, one non-judge member of the bar of the
22 Supreme Court, and three non-lawyer electors. Members of the
23 Court of Judicial Discipline shall be appointed by the Governor,
24 with the advice and consent of a majority of the members elected
25 to the Senate in the manner provided in section 8 of Article IV
26 of this Constitution.
27 (b) Except for the initial appointees whose terms shall be
28 provided by the schedule to this amendment, the members shall
29 serve for terms of four years, provided that a member, rather
30 than his or her successor, shall continue to participate in any
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1 hearing in progress at the end of this term. All members shall
2 be residents of this Commonwealth, and no more than four of the
3 seven members shall be registered in the same political party.
4 Court of Judicial Discipline membership by a judge shall
5 terminate if the judge ceases to hold the judicial position that
6 qualified him for Court of Judicial Discipline appointment.
7 Court of Judicial Discipline membership shall also terminate if
8 a member attains a position that would have rendered him or her
9 ineligible for appointment at the time of the appointment. A
10 vacancy on the Court of Judicial Discipline shall be filled by
11 the Governor for the balance of the term. The Governor may
12 remove any member only for cause. No member of the Court of
13 Judicial Discipline shall serve more than four consecutive years
14 but may be reappointed after a lapse of one year.
15 (c) No member of the Court of Judicial Discipline, during
16 his or her term of service, shall hold office in any political
17 party or political organization. Except for a judicial member,
18 no member of the Court of Judicial Discipline, during his or her
19 term of service, shall hold a public office or public
20 appointment, compensated or uncompensated. All members shall be
21 reimbursed for expenses necessarily incurred in the discharge of
22 their official duties.
23 (d) The Court of Judicial Discipline shall be a court of
24 record with all the attendant duties and powers appropriate to
25 its function, and shall hold public proceedings, conducted
26 consistent with the principles of due process and the law of
27 evidence; enable parties appearing before it to subpoena
28 witnesses and to compel the production of documents, books,
29 accounts and other records as relevant; render its decision in
30 writing, each decision to include its finding of fact,
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1 conclusions of law and discussion of reasons; have its
2 proceedings transcribed; order removal from office, suspension,
3 censure or other discipline as authorized by section 20 of this
4 article and as warranted by the record; appoint staff and
5 prepare and administer its own budget as provided by law. All
6 actions of the Court of Judicial Discipline, including
7 disciplinary action, shall require approval by a majority vote
8 of the Court. The budget request of the Court of Judicial
9 Discipline shall be made separately to the General Assembly, and
10 not as an item in the request by the Supreme Court on behalf of
11 the judicial system.
12 (e) Upon the filing of formal charges by the Judicial
13 Conduct Board, the Court of Judicial Discipline shall schedule a
14 prompt hearing to determine whether a sanction pursuant to the
15 provisions of section 20 of this article should be imposed. The
16 Court of Judicial Discipline shall afford the justice, judge or
17 justice of the peace full discovery and a fair opportunity to
18 prepare for the hearing. The Judicial Conduct Board shall have
19 the burden of proving the conduct complained of by clear and
20 convincing evidence.
21 (f) Members of the Court of Judicial Discipline and the
22 Court's staff shall be absolutely immune from suit from all suit
23 from all conduct in the course of their official duties, and no
24 civil action or disciplinary complaint predicated on testimony
25 before the Court of Judicial Discipline shall be maintained
26 against any witness or his or her counsel.
27 § 20. Proscribed conduct and sanctions.
28 (a) Under the procedures prescribed herein, any justice,
29 judge or justice of the peace may be suspended, removed from
30 office or otherwise disciplined for violation of section 17 of
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1 this article, misconduct in office, neglect or failure to
2 perform the duties of office, or conduct which prejudices the
3 proper administration of justice or brings the judicial office
4 into disrepute, whether or not such conduct occurred while
5 acting in a judicial capacity or is prohibited by law, and for
6 conduct in violation of a canon or rule prescribed by the
7 Supreme Court.
8 (b) The Court of Judicial Discipline shall, until there is
9 an acquittal or conviction for the felony offense, order
10 suspended without pay any justice, judge or justice of the peace
11 against whom there has been filed an indictment or information
12 charging a felony. An interim order of suspension, with or
13 without pay, may be entered against a justice, judge or justice
14 of the peace against whom formal charges have been filed with
15 the Court of Judicial Discipline by the Judicial Conduct Board.
16 Such order shall not be immediately appealable.
17 (c) In the case of a mentally or physically disabled
18 justice, judge or justice of the peace, the Court of Judicial
19 Discipline may enter an order of removal from office,
20 retirement, suspension or other limitations on the activities of
21 the justice, judge or justice of the peace as warranted by the
22 record.
23 (d) The Court of Judicial Discipline may order suspended,
24 with or without pay, any justice, judge or justice of the peace
25 after a determination that the continued service of the justice,
26 judge or justice of the peace poses a substantial or imminent
27 threat to the fair and impartial administration of justice.
28 (e) Upon an order of the Court of Judicial Discipline for
29 suspension without pay or removal, the justice or judge shall be
30 suspended or removed from office, and his salary shall cease
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1 from the date of such order.
2 (f) A justice, judge or justice of the peace convicted of
3 misbehavior in office by a court, disbarred as a member of the
4 bar of the Supreme Court or removed under this section shall
5 forfeit automatically his judicial office and thereafter be
6 ineligible for judicial office.
7 (g) A justice, judge or justice of the peace who files for
8 nomination for or election to any public office other than a
9 judicial office shall forfeit automatically his judicial office.
10 (h) This section is in addition to and not in substitution
11 for the provisions for impeachment for misbehavior in office
12 contained in Article VI. No justice, judge or justice of the
13 peace against whom impeachment proceedings are pending in the
14 Senate shall exercise any of the duties of the office until he
15 has been acquitted.
16 § 21. Review of Court of Judicial Discipline.
17 (a) A justice, judge or justice of the peace, other than a
18 justice of the Supreme Court, in a manner consistent with the
19 rules of the Supreme Court, may appeal to the Supreme Court a
20 final adverse order of the Court of Judicial Discipline. The
21 Supreme Court shall not review the record de novo, but rather as
22 it would review the record in a civil action in which the moving
23 party in the lower court had the burden of proving its
24 allegations by clear and convincing evidence. The Supreme Court
25 may revise or reject the order of the Court of Judicial
26 Discipline upon a determination the order did not sustain this
27 standard of review; otherwise the Supreme Court shall affirm the
28 order of the Court of Judicial Discipline.
29 (b) A justice of the Supreme Court, in a manner consistent
30 with the rules of the Supreme Court, may appeal a final adverse
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1 order of the Court of Judicial Discipline to a special review
2 panel consisting of seven judges to be chosen by lot from the
3 judges of the Superior Court and the Commonwealth Court, other
4 than senior judges, and who do not themselves sit on the Court
5 of Judicial Discipline. The appeal shall in all other respects
6 conform with the requirements of this section.
7 (c) No justice, judge or justice of the peace shall
8 participate as a member of the Judicial Conduct Board, the Court
9 of Judicial Discipline, a special review panel or the Supreme
10 Court in any proceeding involving his or her suspension,
11 removal, discipline or compulsory retirement.
12 § 22. Financial affairs and budgets.
13 (a) As provided by law, the Supreme Court shall annually
14 submit to the Governor and the General Assembly proposed
15 operating budgets for the ensuing fiscal year for the Supreme
16 Court, Superior Court, Commonwealth Court, Court Administrator
17 of Pennsylvania and other statewide agencies, committees and
18 statewide units of the unified judicial system setting forth in
19 detail proposed expenditures classified by court, agency,
20 committee or unit for the year.
21 (b) The General Assembly shall include such operating budget
22 appropriations for the Supreme Court, Superior Court,
23 Commonwealth Court, Court Administrator of Pennsylvania and
24 other statewide agencies, committees and statewide units of the
25 unified judicial system as the General Assembly shall determine
26 to be necessary and reasonable in the general appropriation bill
27 or such separate appropriation bill as it deems appropriate. No
28 moneys shall be paid out of the State Treasury for the operation
29 of the unified judicial system except pursuant to an
30 appropriation approved by the General Assembly and upon warrant
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1 issued by the proper officer.
2 (c) All fees, charges and other moneys received by the
3 Supreme Court, Superior Court, Commonwealth Court or other
4 statewide agency, committee or statewide unit of the unified
5 judicial system, with the exception of payments mandated to a
6 party by court order and fees assessed by the Supreme Court and
7 paid to the Disciplinary Board of the Supreme Court or for a
8 client security fund, shall be deposited in the State Treasury
9 for appropriation by the General Assembly for the operations of
10 the unified judicial system.
11 (d) The financial affairs of the Supreme Court, Superior
12 Court, Commonwealth Court or other court, agency, committee or
13 unit of the unified judicial system shall be subject to audits
14 made in accordance with generally accepted auditing standards
15 and shall be performed as prescribed by the General Assembly by
16 law.
17 Section 2. (a) The members of the Judicial Inquiry and
18 Review Board appointed heretofore shall vacate their office 60
19 days after the issuance of the proclamation certifying voter
20 approval of the amendments to section 18 of Article V and all
21 proceedings pending before the board and all records shall be
22 transferred to the Judicial Conduct Board.
23 (b) Of the members initially appointed to the Judicial
24 Conduct Board, the appellate court judge and the common pleas
25 court judge shall be appointed to serve four-year terms. The
26 justice of the peace first appointed shall serve a three-year
27 term. The non-judge member of the bar of the Supreme Court first
28 appointed by the Governor shall serve a three-year term and the
29 second non-judge member shall serve a two-year term. Of the non-
30 lawyer electors appointed by the Governor, the first two
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1 appointed shall serve four-year terms; the next one appointed
2 shall serve a three-year term; and the final three appointed
3 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 be
9 submitted together as one question, and paragraph (4) of section
10 1 shall be submitted as a separate question by the Secretary of
11 the Commonwealth to the qualified electors of this Commonwealth
12 at the primary, general or municipal election next held after
13 the advertising requirements of section 1 of Article XI of the
14 Constitution of Pennsylvania have been satisfied.
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