PRIOR PASSAGE - J.R. 1990-1
PRIOR PRINTER'S NO. 1 PRINTER'S NO. 166
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, MICHLOVIC,
RITTER, MUNDY, RICHARDSON, BROUJOS, THOMAS, BATTISTO,
CAPPABIANCA, CIVERA, COLAIZZO, DERMODY, GLADECK, LAUGHLIN,
SCRIMENTI AND BISHOP, JANUARY 15, 1991
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JANUARY 30, 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
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.
19910H0001B0166 - 2 -
1 (2) 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 within the
13 executive branch, which shall be composed of a total of 11
14 members as follows: one active judge of the court of common
15 pleas appointed by the Supreme Court; one active judge of an <--
16 appellate court appointed by the Supreme Court; one active <--
17 justice of the peace appointed by the Supreme Court; two non- <--
18 judge members of the bar of the Supreme Court appointed by the
19 Governor; and six non-lawyer electors appointed by the Governor. <--
20 All members of the Judicial Conduct Board shall be appointed by
21 the respective appointing authority, with the advice and consent
22 of a majority of the members elected to the Senate in the manner
23 provided in section 8 of Article IV of this Constitution.
24 (b) [The] Except for the initial appointees whose terms
25 shall be provided by the schedule to this amendment, the members
26 shall serve for terms of four years, provided that a member,
27 rather than his or her successor, shall continue to participate
28 in any hearing in progress at the end of [his term.] this term.
29 All members shall be residents of this Commonwealth, and no more
30 than six of the 11 members shall be registered in the same
19910H0001B0166 - 3 -
1 political party. Judicial Conduct Board membership by a judge
2 shall terminate if the member ceases to hold the judicial
3 position that qualified him or her for the appointment.
4 Membership shall also terminate if a member attains a position
5 that would have rendered him or her ineligible for appointment
6 at the time of the appointment. A vacancy on the board shall be
7 filled by the respective appointing authority for the balance of
8 the term. The [respective appointing authority may remove a]
9 Governor may remove any member only for cause. No member shall
10 serve more than four consecutive years[; he] but may be
11 reappointed after a lapse of one year. [Annually] The Governor
12 shall convene the board for its first meeting, and, at that
13 meeting and annually thereafter, the members of the board shall
14 elect a chairman. The board shall act only with the concurrence
15 of a majority of its members.
16 (c) [A member shall not] No member of the Judicial Conduct
17 Board, during his or her term of service, shall hold office in a
18 political party or political organization. [Members, other than
19 judges, shall be compensated for their services as the Supreme
20 Court shall prescribe.] Except for a judicial member, no member
21 of the Judicial Conduct Board, during his or her term of
22 service, shall hold a public office or public appointment,
23 compensated or uncompensated. All members shall be reimbursed
24 for expenses necessarily incurred in the discharge of their
25 official duties.
26 [(d) Under the procedure prescribed herein, any justice or
27 judge may be suspended, removed from office or otherwise
28 disciplined for violation of section 17 of this article,
29 misconduct in office, neglect of duty, failure to perform his
30 duties, or conduct which prejudices the proper administration of
19910H0001B0166 - 4 -
1 justice or brings the judicial office into disrepute, and may be
2 retired for disability seriously interfering with the
3 performance of his duties.
4 (e) The board shall keep informed as to matters relating to
5 grounds for suspension, removal, discipline, or compulsory
6 retirement of justices or judges. It shall receive complaints or
7 reports, formal or informal, from any source pertaining to such
8 matters, and shall make such preliminary investigations as it
9 deems necessary.
10 (f) The board, after such investigation, may order a hearing
11 concerning the suspension, removal, discipline or compulsory
12 retirement of a justice or judge. The board's orders for
13 attendance of or testimony by witnesses or for the production of
14 documents at any hearing or investigation shall be enforceable
15 by contempt proceedings.
16 (g) If, after hearing, the board finds good cause therefor,
17 it shall recommend to the Supreme Court the suspension, removal,
18 discipline or compulsory retirement of the justice or judge.
19 (h) The Supreme Court shall review the record of the board's
20 proceedings on the law and facts and may permit the introduction
21 of additional evidence. It shall order suspension, removal,
22 discipline or compulsory retirement, or wholly reject the
23 recommendation, as it finds just and proper. Upon an order for
24 compulsory retirement, the justice or judge shall be retired
25 with the same rights and privileges were he retired under
26 section 16 of this article. Upon an order for suspension or
27 removal, the justice or judge shall be suspended or removed from
28 office, and his salary shall cease from the date of such order.
29 All papers filed with and proceedings before the board shall be
30 confidential but upon being filed by the board in the Supreme
19910H0001B0166 - 5 -
1 Court, the record shall lose its confidential character. The
2 filing of papers with and the giving of testimony before the
3 board shall be privileged.
4 (i) No justice or judge shall participate as a member of the
5 board or of the Supreme Court in any proceeding involving his
6 suspension, removal, discipline or compulsory retirement.
7 (j) The Supreme Court shall prescribe rules of procedure
8 under this section.
9 (k) The Supreme Court shall prescribe rules of procedure for
10 the suspension, removal, discipline and compulsory retirement of
11 justices of the peace.
12 (l) A justice, judge or justice of the peace convicted of
13 misbehavior in office by a court, disbarred as a member of the
14 bar of the Supreme Court or removed under this section 18 shall
15 forfeit automatically his judicial office and thereafter be
16 ineligible for judicial office.
17 (m) A justice or judge who shall file for nomination for or
18 election to any public office other than a judicial office shall
19 forfeit automatically his judicial office.
20 (n) This section is in addition to and not in substitution
21 for the provisions for impeachment for misbehavior in office
22 contained in Article VI. No justice, judge or justice of the
23 peace against whom impeachment proceedings are pending in the
24 Senate shall exercise any of the duties of his office until he
25 has been acquitted.]
26 (d) The Judicial Conduct Board shall receive and investigate
27 complaints regarding judicial conduct filed by individuals or
28 initiated by the Judicial Conduct Board; promulgate rules for <--
29 determining whether a complaint is reasonably based; issue
30 subpoenas to compel testimony under oath of witnesses, including
19910H0001B0166 - 6 -
1 the subject of the investigation, and to compel the production
2 of documents, books, accounts and other records relevant to the
3 investigation; determine whether there is probable cause to file
4 formal charges against a justice, judge or justice of the peace,
5 for conduct proscribed in sections 17 and 20(a) of this article,
6 a finding of which shall require approval by a majority vote of
7 the Judicial Conduct Board; and present the case in support of
8 the charges.
9 (e) The Judicial Conduct Board, by a majority vote, shall
10 appoint a chief counsel and other staff; prepare and administer <--
11 its own budget as provided by law; and establish and promulgate <--
12 its own rules of procedure. The budget request of the Judicial
13 Conduct Board shall be made separately to the General Assembly.
14 (f) The justice, judge or justice of the peace whose conduct
15 is the subject of an investigation by the Judicial Conduct Board
16 shall be given an opportunity to fully respond to the complaint
17 and shall be afforded full discovery.
18 (g) Until a determination of probable cause has been made
19 and formal charges have been filed, all proceedings shall be
20 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
19910H0001B0166 - 7 -
1 the allegations.
2 (h) If on a complaint of mental or physical disability the
3 Judicial Conduct Board finds probable cause to file formal
4 charges against a justice, judge or justice of the peace, the
5 board shall present its findings to the justice, judge or
6 justice of the peace and provide him with the opportunity to
7 resign or, when appropriate, to enter a rehabilitation program
8 before the filing of formal charges.
9 (i) Members of the Judicial Conduct Board and its chief
10 counsel and staff shall be absolutely immune from suit for all
11 conduct in the course of their official duties. A complaint
12 submitted to the Judicial Conduct Board or testimony related to
13 the complaint shall be privileged, and no civil action or
14 disciplinary complaint predicated on the complaint or testimony
15 shall be maintained against any complainant or witness or his or
16 her counsel.
17 (3) That Article V be amended by adding sections to read:
18 § 19. Court of Judicial Discipline.
19 (a) There shall be a Court of Judicial Discipline within the
20 judicial branch, which shall be composed of a total of seven
21 members as follows: one active judge of the court of common
22 pleas; one active judge of an appellate court; one active <--
23 justice of the peace; one non-judge member of the bar of the <--
24 Supreme Court; and three non-lawyer electors. Members of the <--
25 Court of Judicial Discipline shall be appointed by the Governor,
26 with the advice and consent of a majority of the members elected
27 to the Senate in the manner provided in section 8 of Article IV
28 of this Constitution.
29 (b) Except for the initial appointees whose terms shall be
30 provided by the schedule to this amendment ARTICLE, the members <--
19910H0001B0166 - 8 -
1 shall serve for terms of four years, provided that a member,
2 rather than his or her successor, shall continue to participate
3 in any hearing in progress at the end of this term. All members
4 shall be residents of this Commonwealth, and no more than four
5 of the seven members shall be registered in the same political
6 party. Court of Judicial Discipline membership by a judge shall
7 terminate if the judge ceases to hold the judicial position that
8 qualified him for Court of Judicial Discipline appointment.
9 Court of Judicial Discipline membership shall also terminate if
10 a member attains a position that would have rendered him or her
11 ineligible for appointment at the time of the appointment. A
12 vacancy on the Court of Judicial Discipline shall be filled by
13 the Governor for the balance of the term. The Governor may
14 remove any member only for cause. No member of the Court of
15 Judicial Discipline shall serve more than four consecutive years
16 but may be reappointed after a lapse of one year.
17 (c) No member of the Court of Judicial Discipline, during
18 his or her term of service, shall hold office in any political
19 party or political organization. Except for a judicial member,
20 no member of the Court of Judicial Discipline, during his or her
21 term of service, shall hold a public office or public
22 appointment, compensated or uncompensated. All members shall be
23 reimbursed for expenses necessarily incurred in the discharge of
24 their official duties.
25 (d) The Court of Judicial Discipline shall be a court of
26 record with all the attendant duties and powers appropriate to
27 its function, and shall hold public proceedings, conducted
28 consistent with the principles of due process and the law of
29 evidence; enable parties appearing before it to subpoena
30 witnesses and to compel the production of documents, books,
19910H0001B0166 - 9 -
1 accounts and other records as relevant; render its decision in
2 writing, each decision to include its finding of fact,
3 conclusions of law and discussion of reasons; have its
4 proceedings transcribed; order removal from office, suspension,
5 censure or other discipline as authorized by section 20 of this
6 article and as warranted by the record; appoint staff and
7 prepare and administer its own budget as provided by law. All
8 actions of the Court of Judicial Discipline, including
9 disciplinary action, shall require approval by a majority vote
10 of the Court. The budget request of the Court of Judicial
11 Discipline shall be made separately to the General Assembly, and
12 not as an item in the request by the Supreme Court on behalf of
13 the judicial system.
14 (e) Upon the filing of formal charges by the Judicial
15 Conduct Board, the Court of Judicial Discipline shall schedule a
16 prompt hearing to determine whether a sanction pursuant to the
17 provisions of section 20 of this article should be imposed. The <--
18 Court of Judicial Discipline shall afford the justice, judge or
19 justice of the peace full discovery and a fair opportunity to
20 prepare for the hearing. The Judicial Conduct Board shall have
21 the burden of proving the conduct complained of by clear and
22 convincing evidence.
23 (f) Members of the Court of Judicial Discipline and the
24 Court's staff shall be absolutely immune from suit from all suit <--
25 from all conduct in the course of their official duties and no
26 civil action or disciplinary complaint predicated on testimony
27 before the Court of Judicial Discipline shall be maintained
28 against any witness or his or her counsel.
29 § 20. Proscribed conduct and sanctions.
30 (a) Under the procedures prescribed herein, any justice,
19910H0001B0166 - 10 -
1 judge or justice of the peace may be suspended, removed from
2 office or otherwise disciplined for violation of section 17 of
3 this article, misconduct in office, neglect or failure to
4 perform the duties of office, or conduct which prejudices the
5 proper administration of justice or brings the judicial office
6 into disrepute, whether or not such conduct occurred while
7 acting in a judicial capacity or is prohibited by law, and for
8 conduct in violation of a canon or rule prescribed by the
9 Supreme Court.
10 (b) The Court of Judicial Discipline shall, until there is
11 an acquittal or conviction for the felony offense, order
12 suspended without pay any justice, judge or justice of the peace
13 against whom there has been filed an indictment or information
14 charging a felony. An interim order of suspension, with or
15 without pay, may be entered against a justice, judge or justice
16 of the peace against whom formal charges have been filed with
17 the Court of Judicial Discipline by the Judicial Conduct Board.
18 Such order shall not be immediately appealable.
19 (c) In the case of a mentally or physically disabled
20 justice, judge or justice of the peace, the Court of Judicial
21 Discipline may enter an order of removal from office,
22 retirement, suspension or other limitations on the activities of
23 the justice, judge or justice of the peace as warranted by the
24 record.
25 (d) The Court of Judicial Discipline may order suspended,
26 with or without pay, any justice, judge or justice of the peace
27 after a determination that the continued service of the justice,
28 judge or justice of the peace poses a substantial or imminent
29 threat to the fair and impartial administration of justice.
30 (e) Upon an order of the Court of Judicial Discipline for
19910H0001B0166 - 11 -
1 suspension without pay or removal, the justice or judge shall be
2 suspended or removed from office, and his salary shall cease
3 from the date of such order.
4 (f) A justice, judge or justice of the peace convicted of
5 misbehavior in office by a court, disbarred as a member of the
6 bar of the Supreme Court or removed under this section shall
7 forfeit automatically his judicial office and thereafter be
8 ineligible for judicial office.
9 (g) A justice, judge or justice of the peace who files for
10 nomination for or election to any public office other than a
11 judicial office shall forfeit automatically his judicial office.
12 (h) This section is in addition to and not in substitution
13 for the provisions for impeachment for misbehavior in office
14 contained in Article VI. No justice, judge or justice of the
15 peace against whom impeachment proceedings are pending in the
16 Senate shall exercise any of the duties of the office until he
17 has been acquitted.
18 § 21. Review of Court of Judicial Discipline.
19 (a) A justice, judge or justice of the peace, other than a
20 justice of the Supreme Court, in a manner consistent with the
21 rules of the Supreme Court, may appeal to the Supreme Court a
22 final adverse order of the Court of Judicial Discipline. The
23 Supreme Court shall not review the record de novo, but rather as
24 it would review the record in a civil action in which the moving
25 party in the lower court had the burden of proving its
26 allegations by clear and convincing evidence. The Supreme Court
27 may revise or reject the order of the Court of Judicial
28 Discipline upon a determination the order did not sustain this
29 standard of review; otherwise the Supreme Court shall affirm the
30 order of the Court of Judicial Discipline.
19910H0001B0166 - 12 -
1 (b) A justice of the Supreme Court, in a manner consistent
2 with the rules of the Supreme Court, may appeal a final adverse
3 order of the Court of Judicial Discipline to a special review
4 panel consisting of seven judges to be chosen by lot from the
5 judges of the Superior Court and the Commonwealth Court, other
6 than senior judges, and who do not themselves sit on the Court
7 of Judicial Discipline. The appeal shall in all other respects
8 conform with the requirements of this section.
9 (c) No justice, judge or justice of the peace shall
10 participate as a member of the Judicial Conduct Board, the Court
11 of Judicial Discipline, a special review panel or the Supreme
12 Court in any proceeding involving his or her suspension,
13 removal, discipline or compulsory retirement.
14 (4) THAT ARTICLE V BE AMENDED BY ADDING A SECTION TO READ: <--
15 § 22. Financial affairs and budgets.
16 (a) As provided by law, the Supreme Court shall annually
17 submit to the Governor and the General Assembly proposed
18 operating budgets for the ensuing fiscal year for the Supreme
19 Court, Superior Court, Commonwealth Court, Court Administrator
20 of Pennsylvania and other statewide agencies, committees and
21 statewide units of the unified judicial system setting forth in
22 detail proposed expenditures classified by court, agency,
23 committee or unit for the year.
24 (b) The General Assembly shall include such operating budget
25 appropriations for the Supreme Court, Superior Court,
26 Commonwealth Court, Court Administrator of Pennsylvania and
27 other statewide agencies, committees and statewide units of the
28 unified judicial system as the General Assembly shall determine
29 to be necessary and reasonable in the general appropriation bill
30 or such separate appropriation bill as it deems appropriate. No
19910H0001B0166 - 13 -
1 moneys shall be paid out of the State Treasury for the operation
2 of the unified judicial system except pursuant to an
3 appropriation approved by the General Assembly and upon warrant
4 issued by the proper officer.
5 (c) All fees, charges and other moneys received by the
6 Supreme Court, Superior Court, Commonwealth Court or other
7 statewide agency, committee or statewide unit of the unified
8 judicial system, with the exception of payments mandated to a
9 party by court order and fees assessed by the Supreme Court and
10 paid to the Disciplinary Board of the Supreme Court or for a
11 client security fund, shall be deposited in the State Treasury
12 for appropriation by the General Assembly for the operations of
13 the unified judicial system.
14 (d) The financial affairs of the Supreme Court, Superior
15 Court, Commonwealth Court or other court, agency, committee or
16 unit of the unified judicial system shall be subject to audits
17 made in accordance with generally accepted auditing standards
18 and shall be performed as prescribed by the General Assembly by
19 law.
20 Section 2. (a) The members of the Judicial Inquiry and
21 Review Board appointed heretofore shall vacate their office 60
22 days after the issuance of the proclamation certifying voter
23 approval of the amendments to section 18 of Article V and all
24 proceedings pending before the board and all records shall be
25 transferred to the Judicial Conduct Board.
26 (b) Of the members initially appointed to the Judicial
27 Conduct Board, the appellate court judge and the common pleas
28 court judge shall be appointed to serve four-year terms. The
29 justice of the peace first appointed shall serve a three-year
30 term. The non-judge member of the bar of the Supreme Court first
19910H0001B0166 - 14 -
1 appointed by the Governor shall serve a three-year term and the
2 second non-judge member shall serve a two-year term. Of the non-
3 lawyer electors appointed by the Governor, the first two
4 appointed shall serve four-year terms; the next one appointed
5 shall serve a three-year term; and the final three appointed
6 shall serve two-year terms.
7 (c) Of the members initially appointed to the Court of
8 Judicial Discipline, the Governor shall appoint three members
9 for terms of four years, two members for terms of three years
10 and two members for terms of two years.
11 Section 3. Paragraphs (1), (2) and (3) of section 1 shall be
12 submitted together as one question and paragraph (4) of section
13 1 shall be submitted as a separate question by the Secretary of
14 the Commonwealth to the qualified electors of this Commonwealth
15 at the primary, general or municipal election next held after
16 the advertising requirements of section 1 of Article XI of the
17 Constitution of Pennsylvania have been satisfied.
L18L83DGS/19910H0001B0166 - 15 -