PRIOR PASSAGE - NONE
PRINTER'S NO. 2718
No. 2166 Session of 1995
INTRODUCED BY PICCOLA, GORDNER, MASLAND, DRUCE, HERSHEY, CONTI,
SCHRODER, RUBLEY, FARGO, FLICK, CARONE, GLADECK, STEIL,
L. I. COHEN, ITKIN, BATTISTO, MERRY, JOSEPHS AND EVANS,
OCTOBER 30, 1995
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 30, 1995
A JOINT RESOLUTION
1 Proposing amendments to the Constitution of the Commonwealth of
2 Pennsylvania, changing and adding provisions relating to the
3 selection of justices and judges.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following amendments to the Constitution of
7 Pennsylvania are proposed in accordance with Article XI:
8 (1) That section 8(b) of Article IV be amended to read:
9 § 8. Appointing power.
10 * * *
11 (b) [The] Except as provided in Article V, the Governor
12 shall fill vacancies in offices to which he appoints by
13 nominating to the Senate a proper person to fill the vacancy
14 within 90 days of the first day of the vacancy and not
15 thereafter. The Senate shall act on each executive nomination
16 within 25 legislative days of its submission. If the Senate has
17 not voted upon a nomination within 15 legislative days following
1 such submission, any five members of the Senate may, in writing,
2 request the presiding officer of the Senate to place the
3 nomination before the entire Senate body whereby the nomination
4 must be voted upon prior to the expiration of five legislative
5 days or 25 legislative days following submission by the
6 Governor, whichever occurs first. If the nomination is made
7 during a recess or after adjournment sine die, the Senate shall
8 act upon it within 25 legislative days after its return or
9 reconvening. If the Senate for any reason fails to act upon a
10 nomination submitted to it within the required 25 legislative
11 days, the nominee shall take office as if the appointment had
12 been consented to by the Senate. The Governor shall in a similar
13 manner fill vacancies in the offices of Auditor General, State
14 Treasurer, justice, judge, justice of the peace and in any other
15 elective office he is authorized to fill. In the case of a
16 vacancy in an elective office, a person shall be elected to the
17 office on the next election day appropriate to the office unless
18 the first day of the vacancy is within two calendar months
19 immediately preceding the election day in which case the
20 election shall be held on the second succeeding election day
21 appropriate to the office.
22 * * *
23 (2) That sections 13, 14 and 15 of Article V be amended to
24 read:
25 § 13. [Election] Selection of justices, judges and justices of
26 the peace; vacancies.
27 (a) Justices of the Supreme Court and judges of the Superior
28 Court and the Commonwealth Court shall be appointed to their
29 initial term by the Governor, with the advice and consent of a
30 majority of the members elected to the Senate. Within 30 days
19950H2166B2718 - 2 -
1 after receipt of a list submitted by the judicial nominating
2 commission, the Governor shall nominate one person for each
3 vacancy for which a list of recommendations has been submitted.
4 The Senate shall act on each nomination within 45 days of its
5 submission. If the nomination is made during a recess or after
6 adjournment sine die, the Senate shall act upon such nomination
7 within 45 days after its return or reconvening. If the Senate
8 fails to act upon a nomination within the required 45 days, the
9 nominee shall take office as if the Senate had consented to the
10 nomination. The Governor shall make a substitute nomination from
11 the list within 30 days after receiving notification from the
12 Senate of the rejection of a prior nominee. If the Senate
13 rejects a total of three nominations made for a particular
14 vacancy, within 30 days after receiving notification from the
15 Senate of the rejection of the third nominee for that vacancy,
16 the Governor shall appoint, without the advice and consent of
17 the Senate, any person on the list submitted by the commission,
18 whether or not that person had been previously nominated.
19 (b) A vacancy in the office of justice of the Supreme Court
20 or judge of the Superior Court or the Commonwealth Court shall
21 be filled by the procedure provided in section 13(a).
22 [(a) Justices, judges] (c) Judges, other than judges of the
23 Superior Court and the Commonwealth Court, and justices of the
24 peace shall be elected at the municipal election next preceding
25 the commencement of their respective terms of office by the
26 electors of the [Commonwealth or the] respective districts in
27 which they are to serve.
28 [(b)] (d) A vacancy in the office of [justice,] judge, other
29 than judge of the Superior Court or the Commonwealth Court, or
30 justice of the peace shall be filled by appointment by the
19950H2166B2718 - 3 -
1 Governor. The appointment shall be with the advice and consent
2 of two-thirds of the members elected to the Senate, except in
3 the case of justices of the peace which shall be by a majority.
4 The person so appointed shall serve for a term ending on the
5 first Monday of January following the next municipal election
6 more than ten months after the vacancy occurs or for the
7 remainder of the unexpired term whichever is less[, except in
8 the case of persons selected as additional judges to the
9 Superior Court, where the General Assembly may stagger and fix
10 the length of the initial terms of such additional judges by
11 reference to any of the first, second and third municipal
12 elections more than ten months after the additional judges are
13 selected]. The manner by which any additional judges are
14 selected shall be provided by section 13(b) and this section for
15 the filling of vacancies in judicial offices.
16 [(c)] (e) The provisions of section 13(b) and section 13(d)
17 shall not apply [either] in the case of a vacancy to be filled
18 by retention election as provided in section 15(b)[, or].
19 Section 13(d) shall not apply in the case of a vacancy created
20 by failure of a [justice or] judge to file a declaration for
21 retention election as provided in section 15(b). In the case of
22 a vacancy occurring at the expiration of an appointive term
23 under section [13(b)] 13(d), the vacancy shall be filled by
24 election as provided in section [13(a)] 13(c).
25 [(d) At the primary election in 1969, the electors of the
26 Commonwealth may elect to have the justices and judges of the
27 Supreme, Superior, Commonwealth and all other statewide courts
28 appointed by the Governor from a list of persons qualified for
29 the offices submitted to him by the Judicial Qualifications
30 Commission. If a majority vote of those voting on the question
19950H2166B2718 - 4 -
1 is in favor of this method of appointment, then whenever any
2 vacancy occurs thereafter for any reason in such court, the
3 Governor shall fill the vacancy by appointment in the manner
4 prescribed in this subsection. Such appointment shall not
5 require the consent of the Senate.
6 (e)] (f) Each justice or judge of the Superior Court or
7 Commonwealth Court appointed by the Governor under section
8 [13(d)] 13(a) or section 13(b) shall hold office for an initial
9 term of ten years ending the first Monday of January following
10 the next municipal election more than [24] 120 months following
11 the appointment.
12 § 14. Judicial [Qualifications] Nominating Commission.
13 [(a) Should the method of judicial selection be adopted as
14 provided in section 13 (d), there shall be a Judicial
15 Qualifications Commission, composed of four non-lawyer electors
16 appointed by the Governor and three non-judge members of the bar
17 of the Supreme Court appointed by the Supreme Court. No more
18 than four members shall be of the same political party. The
19 members of the commission shall serve for terms of seven years,
20 with one member being selected each year. The commission shall
21 consider all names submitted to it and recommend to the Governor
22 not fewer than ten nor more than 20 of those qualified for each
23 vacancy to be filled.
24 (b) During his term, no member shall hold a public office or
25 public appointment for which he receives compensation, nor shall
26 he hold office in a political party or political organization.
27 (c) A vacancy on the commission shall be filled by the
28 appointing authority for the balance of the term.]
29 (a) There shall be a Judicial Nominating Commission within
30 the executive branch, which shall evaluate the qualifications of
19950H2166B2718 - 5 -
1 applicants for appointment to the office of justice of the
2 Supreme Court or judge of the Superior Court or the Commonwealth
3 Court. The Governor shall appoint a chairperson who shall serve
4 at the pleasure of the Governor.
5 (b) The commission shall consist of 16 Commonwealth
6 residents, of whom eight shall be appointed by the Governor and
7 two each by the President pro tempore of the Senate, the Speaker
8 of the House of Representatives, the Minority Leader of the
9 Senate and the Minority Leader of the House of Representatives.
10 Of the eight members appointed by the Governor, four shall be
11 lawyers who are members of the bar of the Supreme Court and four
12 shall be non-lawyer electors. Included in the four lawyers, the
13 Governor shall have the option of selecting no more than two
14 active judges of the courts of common pleas. No more than four
15 of the members appointed by the Governor shall be enrolled in
16 the same political party. One of the two members appointed by
17 the President pro tempore of the Senate, the Speaker of the
18 House of Representatives, the Minority Leader of the Senate and
19 the Minority Leader of the House of Representatives shall be a
20 non-judge member of the bar of the Supreme Court and the other
21 shall be a non-lawyer elector. The commission should include men
22 and women and should reflect the geographical, ethnic and racial
23 diversity of this Commonwealth.
24 (c) Except for the initial appointees, whose terms shall be
25 provided by the schedule to this article, each commissioner
26 shall be appointed for a full four-year term. The Governor shall
27 convene the commission for its first meeting.
28 (d) No commissioner shall be appointed to more than two
29 successive full four-year terms. An appointment to fill an
30 unexpired term which has less than two years to run shall not be
19950H2166B2718 - 6 -
1 deemed a full term. Each commissioner shall serve only until the
2 end of that commissioner's term. A vacancy shall be filled by
3 the respective appointing authority for the unexpired portion of
4 the term in the same manner as the vacating member was
5 appointed. Except as provided in subsection (b), no commissioner
6 shall hold a public office or public appointment, compensated or
7 uncompensated, nor shall a commissioner hold office in any
8 political party or political organization.
9 (e) All commissioners shall be reimbursed for expenses
10 necessarily incurred in the discharge of their official duties.
11 (f) The commission shall establish its own rules of
12 procedure. Materials filed with the commission shall not be
13 public information, and all proceedings of the commission shall
14 be confidential.
15 (g) Whenever a vacancy occurs in the office of justice or
16 judge of the Superior Court or the Commonwealth Court, the
17 commission shall publicly advertise such vacancy and solicit
18 applications. When it is known that a vacancy on the Supreme
19 Court, the Superior Court or the Commonwealth Court will occur
20 in the future on a date certain, the selection process may begin
21 90 days prior to that date. From the applications received the
22 commission shall prepare and submit to the Governor a list of
23 five persons who are qualified to hold that judicial office.
24 Each person recommended to the Governor shall, for an aggregate
25 of ten years, have either practiced law or served as judge of a
26 court or courts of record in this Commonwealth or as a licensed
27 member of the bar of the Supreme Court in good standing have
28 been engaged in a law-related occupation and shall be a person
29 of demonstrated competence, judgment and integrity. The list
30 shall be submitted to the Governor no later than 60 days after
19950H2166B2718 - 7 -
1 the vacancy occurs. When more than one vacancy on the same court
2 exists, the number of persons on the list which is submitted to
3 the Governor shall be increased by two persons for each
4 additional vacancy. Immediately following submission to the
5 Governor, the list shall be filed with the Senate and made
6 public by the commission.
7 (h) The list submitted to the Governor shall contain the
8 names of those persons who received affirmative votes from three
9 quarters or more of the commissioners then serving, provided
10 that the number of persons shall not exceed the limitations
11 imposed by subsection (g). When voting on applicants, the
12 commissioners shall first consider each applicant's
13 qualifications and shall next consider that each appellate court
14 should include both men and women as well as justices or judges
15 who come from racially and ethnically diverse backgrounds and
16 who reflect the geographical diversity of this Commonwealth.
17 § 15. Tenure of justices, judges and justices of the peace.
18 (a) [The] Except as provided in section 13(f), the regular
19 term of office of justices and judges shall be ten years and the
20 regular term of office for judges of the municipal court and
21 traffic court in the City of Philadelphia and of justices of the
22 peace shall be six years. The tenure of any justice or judge
23 shall not be affected by changes in judicial districts or by
24 reduction in the number of judges.
25 (b) A justice or judge [elected under section 13(a),] of the
26 Superior Court or the Commonwealth Court appointed under section
27 [13(d)] 13(a) or section 13(b) or retained under this section
28 15(b) or a judge elected under section 13(c) or retained under
29 this section 15(b) may file a declaration of candidacy for
30 retention election with the officer of the Commonwealth who
19950H2166B2718 - 8 -
1 under law shall have supervision over elections on or before the
2 first Monday of January of the year preceding the year in which
3 [his] the term of office of the justice or judge expires. If no
4 declaration is filed, a vacancy shall exist upon the expiration
5 of the term of office of such justice or judge, to be filled by
6 [election] appointment under section 13(a) or by [appointment]
7 election under [section 13(d) if applicable] section 13(c). If a
8 justice or judge files a declaration, [his name] the name of the
9 justice or judge shall be submitted to the electors without
10 party designation, on a separate judicial ballot or in a
11 separate column on voting machines, at the municipal election
12 immediately preceding the expiration of the term of office of
13 the justice or judge, to determine only the question whether
14 [he] the justice or judge shall be retained in office. If a
15 majority is against retention, a vacancy shall exist upon the
16 expiration of [his] the term of office of that justice or judge,
17 to be filled by appointment under section [13(b)] 13(a) or
18 section 13(b) or under section 13(d) [if applicable]. If a
19 majority favors retention, the justice or judge shall serve for
20 the regular term of office provided herein, unless sooner
21 removed or retired. At the expiration of each term a justice or
22 judge shall be eligible for retention as provided herein,
23 subject only to the retirement provisions of this article.
24 (3) That section 23 of the Schedule to Article V be amended
25 to read:
26 § 23. Judicial [Qualifications] Nominating Commission.
27 [The selection of the first members of the Judicial
28 Qualifications Commission provided for in section 14 (a) of this
29 article shall be made as follows: The Governor shall appoint the
30 four non-lawyer members for terms of, respectively, one year,
19950H2166B2718 - 9 -
1 three years, five years and seven years, no more than two of
2 whom shall be members of the same political party. The Supreme
3 Court shall appoint the three non-judge members of the bar of
4 the Supreme Court of Pennsylvania for terms, respectively, of
5 two years, four years and six years, no more than two of whom
6 shall be members of the same political party.] The initial
7 members of the Judicial Nominating Commission shall serve as
8 follows: Of the members appointed by the Governor, two lawyer
9 members of the bar of the Supreme Court shall serve for one
10 year, two non-lawyer electors shall serve for two years, two
11 lawyer members of the bar of the Supreme Court shall serve for
12 three years and two non-lawyer electors shall serve for four
13 years. Of the members appointed by the President pro tempore of
14 the Senate, the non-judge member of the bar of the Supreme Court
15 shall serve for four years and the non-lawyer elector shall
16 serve for one year. Of the members appointed by the Speaker of
17 the House of Representatives, the non-judge member of the bar of
18 the Supreme Court shall serve for four years and the non-lawyer
19 elector shall serve for one year. Of the members appointed by
20 the Minority Leader of the Senate, the non-judge member of the
21 bar of the Supreme Court shall serve for two years and the non-
22 lawyer elector shall serve for three years. Of the members
23 appointed by the Minority Leader of the House of
24 Representatives, the non-judge member of the bar of the Supreme
25 Court shall serve for two years and the non-lawyer elector shall
26 serve for three years.
27 Section 2. Upon passage by the General Assembly of these
28 proposed constitutional amendments, the Secretary of the
29 Commonwealth shall proceed immediately to comply with the
30 advertising requirements of section 1 of Article XI of the
19950H2166B2718 - 10 -
1 Constitution of Pennsylvania and shall transmit the required
2 advertisements to two newspapers in every county in which such
3 newspapers shall be published in sufficient time after passage
4 of these proposed constitutional amendments. Upon the second
5 passage of these proposed constitutional amendments by the
6 General Assembly, the Secretary of the Commonwealth shall
7 proceed immediately to comply with the advertising requirements
8 of section 1 of Article XI of the Constitution of Pennsylvania
9 and shall transmit the required advertisements to two newspapers
10 in every county in which such newspapers shall be published in
11 sufficient time after passage of these proposed constitutional
12 amendments. The Secretary of the Commonwealth shall submit these
13 proposed constitutional amendments to the qualified electors of
14 this Commonwealth at the first primary, general or municipal
15 election occurring at least three months after these proposed
16 constitutional amendments are passed by the General Assembly
17 which meets the requirements of and is in conformance with
18 section 1 of Article XI of the Constitution of Pennsylvania.
J23L83DGS/19950H2166B2718 - 11 -