PRIOR PASSAGE - NONE PRINTER'S NO. 163
No. 169 Session of 1997
INTRODUCED BY CORMAN, HELFRICK, MOWERY, WOZNIAK AND DELP, JANUARY 21, 1997
REFERRED TO JUDICIARY, JANUARY 21, 1997
A JOINT RESOLUTION 1 Proposing an amendment to the Constitution of the Commonwealth 2 of Pennsylvania, providing for the election of justices and 3 judges of the Supreme Court, the Superior Court and the 4 Commonwealth Court from established judicial districts. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby resolves as follows: 7 Section 1. The following amendment to the Constitution of 8 Pennsylvania is proposed in accordance with Article XI: 9 That sections 2, 3, 4 and 11 of Article V be amended to read: 10 § 2. Supreme Court. 11 The Supreme Court (a) shall be the highest court of the 12 Commonwealth and in this court shall be reposed the supreme 13 judicial power of the Commonwealth; 14 (b) shall consist of seven justices, to be elected from 15 seven judicial districts which shall be established by law, one 16 of whom shall be the Chief Justice; and 17 (c) shall have such jurisdiction as shall be provided by 18 law.
1 § 3. Superior Court. 2 The Superior Court shall be a statewide court, and shall 3 consist of the number of judges, which shall be not less than 4 [seven] 15 judges, to be elected from 15 judicial districts 5 which shall be established by law, and have such jurisdiction as 6 shall be provided by this Constitution or by the General 7 Assembly. One of its judges shall be the president judge. 8 § 4. Commonwealth Court. 9 The Commonwealth Court shall be a statewide court, and shall 10 consist of the number of judges, which shall be not less than 11 nine judges to be elected from nine judicial districts which 12 shall be established by law, and have such jurisdiction as shall 13 be provided by law. One of its judges shall be the president 14 judge. 15 § 11. Judicial districts; boundaries. 16 [The number and boundaries of judicial districts shall be 17 changed by the General Assembly only with the advice and consent 18 of the Supreme Court.] 19 (a) The number of justices of the Supreme Court and the 20 number of judges of the Superior Court and the Commonwealth 21 Court elected from each judicial district fixed by law pursuant 22 to sections 2, 3 and 4 shall provide every resident of the 23 Commonwealth with approximately equal representation on a court. 24 (b) The General Assembly shall establish by law: 25 (1) The judicial districts from which justices of the 26 Supreme Court and judges of the Superior Court and the 27 Commonwealth Court are elected. 28 (2) A transition to an appellate court judiciary elected 29 from judicial districts. 30 (3) The effect of set judicial districts upon 19970S0169B0163 - 2 -
1 eligibility to seek retention election. 2 (4) Residency qualification for election or appointment 3 to the appellate court judiciary. 4 (5) The order in which judicial districts shall elect 5 justices of the Supreme Court and judges of the Superior 6 Court and the Commonwealth Court. 7 (6) The decennial realignment of the appellate judicial 8 districts based on the Federal Census to begin in the year 9 2011 and each ten years thereafter. 10 Section 2. (a) Upon the first passage by the General 11 Assembly of this proposed constitutional amendment, the 12 Secretary of the Commonwealth shall proceed immediately to 13 comply with the advertising requirements of section 1 of Article 14 XI of the Constitution of Pennsylvania and shall transmit the 15 required advertisements to two newspapers in every county in 16 which such newspapers are published in sufficient time after 17 passage of this proposed constitutional amendment. 18 (b) Upon the second passage by the General Assembly of this 19 proposed constitutional amendment, the Secretary of the 20 Commonwealth shall proceed immediately to comply with the 21 advertising requirements of section 1 of Article XI of the 22 Constitution of Pennsylvania and shall transmit the required 23 advertisements to two newspapers in every county in which such 24 newspapers are published in sufficient time after passage of 25 this proposed constitutional amendment. The Secretary of the 26 Commonwealth shall submit this proposed constitutional amendment 27 to the qualified electors of this Commonwealth at the first 28 primary, general or municipal election occurring at least three 29 months after the proposed constitutional amendment is passed by 30 the General Assembly which meets the requirements of and is in 19970S0169B0163 - 3 -
1 conformance with section 1 of Article XI of the Constitution of 2 Pennsylvania. A3L83RZ/19970S0169B0163 - 4 -