PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 849 PRINTER'S NO. 1958
No. 10 Session of 1995
INTRODUCED BY PICCOLA, CLARK, CALTAGIRONE, PITTS, DeLUCA,
NAILOR, CONTI, PERZEL, ROONEY, GEIST, BIRMELIN, FICHTER,
KREBS, HERSHEY, RAYMOND, STERN, DRUCE, RYAN, LLOYD, HANNA,
KING, LYNCH, HERMAN, FARGO, TIGUE, DALEY, GODSHALL, KUKOVICH,
TRELLO, SAYLOR, D. W. SNYDER, TRUE, BATTISTO, SATHER, HESS,
PHILLIPS, MICOZZIE, MELIO, GRUPPO, MERRY, BELFANTI,
E. Z. TAYLOR, STISH, MARSICO, FLEAGLE, TULLI, BARLEY,
DEMPSEY, MASLAND, BUNT, BAKER, BLAUM, MAITLAND, SEMMEL,
J. TAYLOR, FLICK, LEH, FARMER, MILLER, CHADWICK, EGOLF,
SCHULER, FEESE, L. I. COHEN, RUBLEY, PETTIT, ZIMMERMAN,
HARHART, M. N. WRIGHT, CIVERA, ZUG, CORNELL, PLATTS, GLADECK,
BROWN AND STRITTMATTER, FEBRUARY 14, 1995
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 23, 1995
A JOINT RESOLUTION
1 Proposing amendments to the Constitution of the Commonwealth of
2 Pennsylvania, establishing the Judicial Council of
3 Pennsylvania and providing for its powers and duties;
4 rescinding the power of the Supreme Court to suspend
5 statutes; providing for the selection of the Chief Justice by
6 the Governor and for the budgetary affairs of the unified
7 judicial system.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby resolves as follows:
10 Section 1. The following amendments to the Constitution of
11 Pennsylvania are proposed in accordance with Article XI:
12 (1) That sections 1, 2, 10 and 13 16 of Article V be amended <--
13 to read:
14 § 1. Unified judicial system.
1 The judicial power of the Commonwealth shall be vested in a
2 unified judicial system consisting of the Judicial Council of
3 Pennsylvania, the Supreme Court, the Superior Court, the
4 Commonwealth Court, courts of common pleas, community courts,
5 municipal and traffic courts in the City of Philadelphia, such
6 other courts as may be provided by law and justices of the
7 peace. All courts and justices of the peace and their
8 jurisdiction shall be in this unified judicial system.
9 § 2. Supreme Court.
10 (a) The Supreme Court [(a)] shall be the highest court of
11 the Commonwealth [and in this court shall be reposed the supreme
12 judicial power of the Commonwealth;
13 (b)]. It shall consist of seven justices, one of whom shall
14 be the Chief Justice[;] and
15 [(c)] shall have such jurisdiction as shall be provided by
16 law.
17 (b) The EXCEPT AS PROVIDED BY STATUTE, THE Supreme Court <--
18 shall not have King's Bench power.
19 § 10. Judicial administration.
20 (a) [The Supreme Court] There shall be a Judicial Council of <--
21 Pennsylvania which, together with the Chief Justice, as chairman
22 of the Judicial Council of Pennsylvania, shall exercise general
23 supervisory and administrative authority over all the courts and
24 justices of the peace, including authority to temporarily assign
25 judges and justices of the peace from one court or district to
26 another as it deems appropriate.] THERE SHALL BE A JUDICIAL <--
27 COUNCIL OF PENNSYLVANIA. THE CHIEF JUSTICE SHALL BE A MEMBER AND
28 SHALL PRESIDE AS CHAIRMAN OF THE JUDICIAL COUNCIL. OTHER MEMBERS
29 SHALL BE AS PROVIDED BY STATUTE. THE JUDICIAL COUNCIL SHALL
30 EXERCISE GENERAL SUPERVISORY AND ADMINISTRATIVE AUTHORITY OVER
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1 ALL THE COURTS AND JUSTICES OF THE PEACE. THE JUDICIAL COUNCIL
2 MAY TEMPORARILY ASSIGN JUDGES AND JUSTICES OF THE PEACE FROM ONE
3 COURT OR DISTRICT TO ANOTHER AS IT DEEMS APPROPRIATE. THE
4 JUDICIAL COUNCIL SHALL HAVE NO AUTHORITY TO ASSIGN JUDGES TO THE
5 SUPREME COURT, THE SUPERIOR COURT OR THE COMMONWEALTH COURT. The
6 council JUDICIAL COUNCIL shall have the authority to submit <--
7 budget requests to the General Assembly on behalf of the unified
8 judicial system and authority to recommend to the Supreme Court
9 rules or rule changes for the efficient administration of
10 justice.
11 (b) The [Supreme Court] Judicial Council of Pennsylvania
12 shall appoint a court administrator and may appoint such
13 subordinate administrators and staff as may be necessary and
14 proper for the prompt and proper disposition of the business of
15 all courts and justices of the peace.
16 (c) The [Supreme Court] Judicial Council of Pennsylvania
17 shall have the power to prescribe general rules governing
18 practice, procedure and the conduct of all courts, justices of
19 the peace and all officers serving process or enforcing orders,
20 judgments or decrees of any court or justice of the peace,
21 including the power to provide for assignment and reassignment
22 of classes of actions or classes of appeals among the several
23 courts as the needs of justice shall require, and for admission
24 to the bar and to practice law, and the administration of all
25 courts and supervision of all officers of the Judicial Branch,
26 if such rules are consistent with this Constitution and neither
27 abridge, enlarge nor modify the substantive rights of any
28 litigant, nor affect the right of the General Assembly to
29 determine the jurisdiction of any court or justice of the peace,
30 nor suspend nor alter any statute of limitation or repose[. All
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1 laws shall be suspended to the extent that they are inconsistent
2 with rules prescribed under these provisions.], nor abridge or
3 infringe upon the legislative power of the General Assembly
4 under Article II. Neither the Judicial Council of Pennsylvania <--
5 nor the Supreme Court shall have the power to suspend statutes
6 which are inconsistent with general rules. The Supreme Court <--
7 shall adopt those rules and changes to rules recommended by the
8 Judicial Council of Pennsylvania. THE SUPREME COURT SHALL ADOPT <--
9 OR REJECT, BUT MAY NOT MODIFY, RECOMMENDED RULES OR RULE CHANGES
10 WITHIN 90 DAYS OF THEIR SUBMISSION BY THE JUDICIAL COUNCIL. IF
11 REJECTED, THE SUPREME COURT SHALL RETURN THE RECOMMENDED RULES
12 OR RULE CHANGES TO THE JUDICIAL COUNCIL WITH THE COURT'S
13 OBJECTIONS. IF THE SUPREME COURT DOES NOT ADOPT OR REJECT
14 RECOMMENDED RULES OR RULE CHANGES WITHIN 90 DAYS OF THEIR
15 SUBMISSION, THEN THE RECOMMENDED RULES OR RULE CHANGES SHALL
16 TAKE EFFECT AS IF ADOPTED BY THE SUPREME COURT.
17 (d) The Chief Justice [and] shall be chosen by the Governor
18 from among the sitting justices. The president judges of all HE <--
19 SHALL SERVE AS CHIEF JUSTICE FOR SO LONG AS HE REMAINS A SITTING
20 JUSTICE AND SHALL CONTINUE TO BE SUBJECT TO THE RETIREMENT
21 PROVISIONS OF THIS ARTICLE. THE CHIEF JUSTICE MAY RESIGN SUCH
22 POSITION AND REMAIN A MEMBER OF THE COURT. A VACANCY IN THE
23 OFFICE OF CHIEF JUSTICE SHALL BE FILLED BY APPOINTMENT BY THE
24 GOVERNOR.
25 (D.1) THE PRESIDENT JUDGES OF ALL courts with seven or less
26 judges shall be the [justice or] judge longest in continuous
27 service on their respective courts; and in the event of his
28 resignation from this position the [justice or] judge next
29 longest in continuous service shall be the [Chief Justice or]
30 president judge. The president judges of all other courts shall
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1 be selected for five-year terms by the members of their
2 respective courts, except that the president judge of the
3 traffic court in the City of Philadelphia shall be appointed by
4 the Governor. A [Chief Justice or] president judge may resign
5 such position and remain a member of the court. In the event of
6 a tie vote for office of president judge in a court which elects
7 its president judge, the [Supreme Court] JUDICIAL COUNCIL OF <--
8 PENNSYLVANIA shall appoint as president judge one of the judges
9 receiving the highest number of votes.
10 (e) Should any two or more [justices or] judges of the same
11 court assume office at the same time, they shall cast lots
12 forthwith for priority of commission, and certify the results to
13 the Governor who shall issue their commissions accordingly.
14 § 13. Election of justices, judges and justices of the peace; <--
15 vacancies.
16 * * *
17 (b) A vacancy in the office of Chief Justice, justice, judge
18 or justice of the peace shall be filled by appointment by the
19 Governor. The appointment shall be with the advice and consent
20 of two-thirds of the members elected to the Senate, except in
21 the case of justices of the peace which shall be by a majority.
22 The person so appointed shall serve for a term ending on the
23 first Monday of January following the next municipal election
24 more than ten months after the vacancy occurs or for the
25 remainder of the unexpired term whichever is less, except in the
26 case of persons selected as additional judges to the Superior
27 Court, where the General Assembly may stagger and fix the length
28 of the initial terms of such additional judges by reference to
29 any of the first, second and third municipal elections more than
30 ten months after the additional judges are selected. The manner
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1 by which any additional judges are selected shall be provided by
2 this section for the filling of vacancies in judicial offices.
3 * * *
4 § 16. COMPENSATION AND RETIREMENT OF JUSTICES, JUDGES AND <--
5 JUSTICES OF THE PEACE.
6 (A) JUSTICES, JUDGES AND JUSTICES OF THE PEACE SHALL BE
7 COMPENSATED BY THE COMMONWEALTH AS PROVIDED BY LAW. THEIR
8 COMPENSATION SHALL NOT BE DIMINISHED DURING THEIR TERMS OF
9 OFFICE, UNLESS BY LAW APPLYING GENERALLY TO ALL SALARIED
10 OFFICERS OF THE COMMONWEALTH.
11 (B) JUSTICES, JUDGES AND JUSTICES OF THE PEACE SHALL BE
12 RETIRED UPON ATTAINING THE AGE OF 70 YEARS. FORMER AND RETIRED
13 JUSTICES, JUDGES AND JUSTICES OF THE PEACE SHALL RECEIVE SUCH
14 COMPENSATION AS SHALL BE PROVIDED BY LAW. EXCEPT AS PROVIDED BY
15 LAW, NO SALARY, RETIREMENT BENEFIT OR OTHER COMPENSATION,
16 PRESENT OR DEFERRED, SHALL BE PAID TO ANY JUSTICE, JUDGE OR
17 JUSTICE OF THE PEACE WHO, UNDER SECTION 18 OR UNDER ARTICLE VI,
18 IS SUSPENDED, REMOVED OR BARRED FROM HOLDING JUDICIAL OFFICE FOR
19 CONVICTION OF A FELONY OR MISCONDUCT IN OFFICE OR CONDUCT WHICH
20 PREJUDICES THE PROPER ADMINISTRATION OF JUSTICE OR BRINGS THE
21 JUDICIAL OFFICE INTO DISREPUTE.
22 (C) A FORMER OR RETIRED JUSTICE OR JUDGE MAY, WITH HIS
23 CONSENT, BE ASSIGNED BY THE [SUPREME COURT] JUDICIAL COUNCIL OF
24 PENNSYLVANIA ON TEMPORARY JUDICIAL SERVICE TO ANY COURT EXCEPT
25 THE SUPREME COURT, THE SUPERIOR COURT OR THE COMMONWEALTH COURT
26 AS MAY BE PRESCRIBED BY RULE OF THE [SUPREME COURT] JUDICIAL
27 COUNCIL.
28 (2) That Article V be amended by adding a section to read:
29 § 19. Financial affairs and budgets.
30 (a) As provided by the Constitution of Pennsylvania and by
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1 law STATUTE, the Judicial Council of Pennsylvania shall annually <--
2 submit to the Governor and the General Assembly A proposed <--
3 operating budgets BUDGET for the ensuing fiscal year for the <--
4 Supreme Court, Superior Court, Commonwealth Court, Court
5 Administrator of Pennsylvania, the Judicial Council of <--
6 Pennsylvania and other statewide agencies, committees and
7 statewide units of the unified judicial system setting forth in
8 detail proposed expenditures classified by court, agency,
9 committee or unit for the year.
10 (b) The General Assembly shall include such operating budget <--
11 appropriations for the Judicial Council of Pennsylvania, Supreme
12 Court, Superior Court, Commonwealth Court, Court Administrator
13 of Pennsylvania and other statewide agencies, committees and
14 statewide units of the unified judicial system as the General
15 Assembly shall determine to be necessary and reasonable in the
16 general appropriation bill or such separate appropriation bill
17 as it deems appropriate. No moneys shall be paid out of the
18 State Treasury TREASURY for the operation of the unified <--
19 judicial system except pursuant to an ON appropriation approved <--
20 by the General Assembly and upon warrant issued by the proper
21 officer.
22 (c) All EXCEPT AS PROVIDED BY STATUTE, ALL fees, charges and <--
23 other moneys received by the Judicial Council of Pennsylvania,
24 Supreme Court, Superior Court, Commonwealth Court or other
25 statewide agency, committee or statewide unit of the unified
26 judicial system, with the exception of payments mandated to a
27 party by court order and fees assessed by the Judicial Council
28 of Pennsylvania and paid to The Disciplinary Board of the <--
29 Supreme Court of Pennsylvania or for a client security fund,
30 shall be deposited in the State Treasury TREASURY for <--
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1 appropriation by the General Assembly for the operation of the <--
2 unified judicial system.
3 (d) The financial affairs of the Judicial Council of
4 Pennsylvania, Supreme Court, Superior Court, Commonwealth Court
5 or other court, agency, committee or unit of the unified
6 judicial system shall be subject to audits made in accordance
7 with generally accepted auditing standards and shall be
8 performed by the Auditor General.
9 SECTION 2. (A) UPON THE FIRST PASSAGE BY THE GENERAL <--
10 ASSEMBLY OF THESE PROPOSED CONSTITUTIONAL AMENDMENTS, THE
11 SECRETARY OF THE COMMONWEALTH SHALL PROCEED IMMEDIATELY TO
12 COMPLY WITH THE ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE
13 XI OF THE CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE
14 REQUIRED ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN
15 WHICH SUCH NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER
16 PASSAGE OF THESE PROPOSED CONSTITUTIONAL AMENDMENTS.
17 (B) UPON THE SECOND PASSAGE BY THE GENERAL ASSEMBLY OF THESE
18 PROPOSED CONSTITUTIONAL AMENDMENTS, THE SECRETARY OF THE
19 COMMONWEALTH SHALL PROCEED IMMEDIATELY TO COMPLY WITH THE
20 ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE XI OF THE
21 CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE REQUIRED
22 ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN WHICH SUCH
23 NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER PASSAGE OF
24 THESE PROPOSED CONSTITUTIONAL AMENDMENTS. THE SECRETARY OF THE
25 COMMONWEALTH SHALL SUBMIT THESE PROPOSED CONSTITUTIONAL
26 AMENDMENTS TO THE QUALIFIED ELECTORS OF THIS COMMONWEALTH AT THE
27 FIRST PRIMARY, GENERAL OR MUNICIPAL ELECTION OCCURRING AT LEAST
28 THREE MONTHS AFTER THE PROPOSED CONSTITUTIONAL AMENDMENTS ARE
29 PASSED BY THE GENERAL ASSEMBLY WHICH MEETS THE REQUIREMENTS OF
30 AND IS IN CONFORMANCE WITH SECTION 1 OF ARTICLE XI OF THE
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1 CONSTITUTION OF PENNSYLVANIA.
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