PRIOR PASSAGE - NONE
PRINTER'S NO. 759
No. 653 Session of 2003
INTRODUCED BY BAKER, BROWNE, CLYMER, E. Z. TAYLOR, BUNT,
CAPPELLI, CAUSER, HARHAI, HARRIS, HENNESSEY, HERMAN, HERSHEY,
HORSEY, JAMES, LEACH, LEDERER, READSHAW, REICHLEY, RUBLEY,
SEMMEL, SURRA, THOMAS AND WASHINGTON, MARCH 4, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 4, 2003
A JOINT RESOLUTION
1 Proposing integrated amendments to the Constitution of the
2 Commonwealth of Pennsylvania, providing for hearing and
3 deciding cases involving dissolution of marriage, custody,
4 child support, spousal support, alimony, equitable division
5 of marital property and related family law matters.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby resolves as follows:
8 Section 1. The following integrated amendments to the
9 Constitution of Pennsylvania are proposed as a unified ballot
10 question in accordance with Article XI:
11 That sections 5, 10(c) and 18(a)(7), (8) and (9), (b)(5),
12 (c)(1), (3) and (4) and (d) introductory paragraph and (1), (2)
13 and (3) of Article V be amended to read:
14 § 5. Courts of common pleas.
15 There shall be one court of common pleas for each judicial
16 district (a) having such divisions and consisting of such number
17 of judges as shall be provided by law, one of whom shall be the
18 president judge; and
1 (b) having unlimited original jurisdiction in all cases
2 except as may otherwise be provided by law[.]; and
3 (c) having a procedure for the disposition of cases
4 involving dissolution of marriage, custody, child support,
5 spousal support, alimony, alimony pendente lite, equitable
6 division of marital property and related family law matters as
7 provided by statute; and
8 (d) having a family resource center as provided by statute;
9 and
10 (e) having educational requirements for judges and family
11 law masters and mediators as provided by statute.
12 § 10. Judicial administration.
13 * * *
14 (c) The Supreme Court shall have the power to prescribe
15 general rules governing practice, procedure and the conduct of
16 all courts, justices of the peace and all officers serving
17 process or enforcing orders, judgments or decrees of any court
18 or justice of the peace, including the power to provide for
19 assignment and reassignment of classes of actions or classes of
20 appeals among the several courts as the needs of justice shall
21 require, and for admission to the bar and to practice law, and
22 the administration of all courts and supervision of all officers
23 of the Judicial Branch, if such rules are consistent with this
24 Constitution and neither abridge, enlarge nor modify the
25 substantive rights of any litigant, nor affect the right of the
26 General Assembly to determine the jurisdiction of any court or
27 justice of the peace, nor suspend nor alter any statute of
28 limitation or repose. [All] Except for statutes enacted pursuant
29 to section 5 of this article, all laws shall be suspended to the
30 extent that they are inconsistent with rules prescribed under
20030H0653B0759 - 2 -
1 these provisions.
2 * * *
3 § 18. Suspension, removal, discipline and other sanctions.
4 (a) There shall be an independent board within the Judicial
5 Branch, known as the Judicial Conduct Board, the composition,
6 powers and duties of which shall be as follows:
7 * * *
8 (7) The board shall receive and investigate complaints
9 regarding judicial conduct filed by individuals or initiated by
10 the board against a justice, judge, justice of the peace or
11 family law master; issue subpoenas to compel testimony under
12 oath of witnesses, including the subject of the investigation,
13 and to compel the production of documents, books, accounts and
14 other records relevant to the investigation; determine whether
15 there is probable cause to file formal charges against a
16 justice, judge [or], justice of the peace or family law master
17 for conduct proscribed by this section; and present the case in
18 support of the charges before the Court of Judicial Discipline.
19 (8) Complaints filed with the board or initiated by the
20 board shall not be public information. Statements, testimony,
21 documents, records or other information or evidence acquired by
22 the board in the conduct of an investigation shall not be public
23 information. A justice, judge [or], justice of the peace or
24 family law master who is the subject of a complaint filed with
25 the board or initiated by the board or of an investigation
26 conducted by the board shall be apprised of the nature and
27 content of the complaint and afforded an opportunity to respond
28 fully to the complaint prior to any probable cause determination
29 by the board. All proceedings of the board shall be confidential
30 except when the subject of the investigation waives
20030H0653B0759 - 3 -
1 confidentiality. If, independent of any action by the board, the
2 fact that an investigation by the board is in progress becomes a
3 matter of public record, the board may, at the direction of the
4 subject of the investigation, issue a statement to confirm that
5 the investigation is in progress, to clarify the procedural
6 aspects of the proceedings, to explain the rights of the subject
7 of the investigation to a fair hearing without prejudgment or to
8 provide the response of the subject of the investigation to the
9 complaint. In acting to dismiss a complaint for lack of probable
10 cause to file formal charges, the board may, at its discretion,
11 issue a statement or report to the complainant or to the subject
12 of the complaint, which may contain the identity of the
13 complainant, the identity of the subject of the complaint, the
14 contents and nature of the complaint, the actions taken in the
15 conduct of the investigation and the results and conclusions of
16 the investigation. The board may include with a report a copy of
17 information or evidence acquired in the course of the
18 investigation.
19 (9) If the board finds probable cause to file formal charges
20 concerning mental or physical disability against a justice,
21 judge [or], justice of the peace or family law master, the board
22 shall so notify the subject of the charges and provide the
23 subject with an opportunity to resign from [judicial] his office
24 or, when appropriate, to enter a rehabilitation program prior to
25 the filing of the formal charges with the Court of Judicial
26 Discipline.
27 * * *
28 (b) There shall be a Court of Judicial Discipline, the
29 composition, powers and duties of which shall be as follows:
30 * * *
20030H0653B0759 - 4 -
1 (5) Upon the filing of formal charges with the court by the
2 board, the court shall promptly schedule a hearing or hearings
3 to determine whether a sanction should be imposed against a
4 justice, judge [or], justice of the peace or family law master
5 pursuant to the provisions of this section. The court shall be a
6 court of record, with all the attendant duties and powers
7 appropriate to its function. Formal charges filed with the court
8 shall be a matter of public record. All hearings conducted by
9 the court shall be public proceedings conducted pursuant to the
10 rules adopted by the court and in accordance with the principles
11 of due process and the law of evidence. Parties appearing before
12 the court shall have a right to discovery pursuant to the rules
13 adopted by the court and shall have the right to subpoena
14 witnesses and to compel the production of documents, books,
15 accounts and other records as relevant. The subject of the
16 charges shall be presumed innocent in any proceeding before the
17 court, and the board shall have the burden of proving the
18 charges by clear and convincing evidence. All decisions of the
19 court shall be in writing and shall contain findings of fact and
20 conclusions of law. A decision of the court may order removal
21 from office, suspension, censure or other discipline as
22 authorized by this section and as warranted by the record.
23 * * *
24 (c) Decisions of the court shall be subject to review as
25 follows:
26 (1) A justice, judge [or], justice of the peace or family
27 law master shall have the right to appeal a final adverse order
28 of discipline of the court. A judge [or], justice of the peace
29 or family law master shall have the right to appeal to the
30 Supreme Court in a manner consistent with rules adopted by the
20030H0653B0759 - 5 -
1 Supreme Court; a justice shall have the right to appeal to a
2 special tribunal composed of seven judges, other than senior
3 judges, chosen by lot from the judges of the Superior Court and
4 Commonwealth Court who do not sit on the Court of Judicial
5 Discipline or the board, in a manner consistent with rules
6 adopted by the Supreme Court. The special tribunal shall hear
7 and decide the appeal in the same manner in which the Supreme
8 Court would hear and decide an appeal from an order of the
9 court.
10 * * *
11 (3) An order of the court which dismisses a complaint
12 against a judge [or], justice of the peace or family law master
13 may be appealed by the board to the Supreme Court, but the
14 appeal shall be limited to questions of law. An order of the
15 court which dismisses a complaint against a justice of the
16 Supreme Court may be appealed by the board to a special tribunal
17 in accordance with paragraph (1), but the appeal shall be
18 limited to questions of law.
19 (4) No justice, judge [or], justice of the peace or family
20 law master may participate as a member of the board, the court,
21 a special tribunal or the Supreme Court in any proceeding in
22 which the justice, judge or justice of the peace is a
23 complainant, the subject of a complaint, a party or a witness.
24 (d) A justice, judge [or], justice of the peace or family
25 law master shall be subject to disciplinary action pursuant to
26 this section as follows:
27 (1) A justice, judge [or], justice of the peace or family
28 law master may be suspended, removed from office or otherwise
29 disciplined for conviction of a felony; [violation of section 17
30 of this article;] misconduct in office; neglect or failure to
20030H0653B0759 - 6 -
1 perform the duties of office or conduct which prejudices the
2 proper administration of justice or brings the judicial office
3 into disrepute, whether or not the conduct occurred while acting
4 in a judicial capacity or is prohibited by law; or conduct in
5 violation of a canon or rule prescribed by the Supreme Court. A
6 justice, judge or justice of the peace may be suspended, removed
7 from office or otherwise disciplined for a violation of section
8 17 of this article. A judge or family law master may be
9 suspended or removed from office for failure to complete
10 judicial education requirements as provided by statute. In the
11 case of a mentally or physically disabled justice, judge [or],
12 justice of the peace or family law master, the court may enter
13 an order of removal from office, retirement, suspension or other
14 limitations on the activities of the justice, judge [or],
15 justice of the peace or family law master as warranted by the
16 record. Upon a final order of the court for suspension without
17 pay or removal, prior to any appeal, the justice, judge [or],
18 justice of the peace or family law master shall be suspended or
19 removed from office; and the salary of the justice, judge [or],
20 justice of the peace or family law master shall cease from the
21 date of the order.
22 (2) Prior to a hearing, the court may issue an interim order
23 directing the suspension, with or without pay, of any justice,
24 judge [or], justice of the peace or family law master against
25 whom formal charges have been filed with the court by the board
26 or against whom has been filed an indictment or information
27 charging a felony. An interim order under this paragraph shall
28 not be considered a final order from which an appeal may be
29 taken.
30 (3) A justice, judge [or], justice of the peace or family
20030H0653B0759 - 7 -
1 law master convicted of misbehavior in office by a court,
2 disbarred as a member of the bar of the Supreme Court or removed
3 under this section shall forfeit automatically his judicial
4 office and thereafter be ineligible for judicial office.
5 * * *
6 Section 2. (a) Upon the first passage by the General
7 Assembly of these proposed constitutional amendments, the
8 Secretary of the Commonwealth shall proceed immediately to
9 comply with the advertising requirements of section 1 of Article
10 XI of the Constitution of Pennsylvania and shall transmit the
11 required advertisements to two newspapers in every county in
12 which such newspapers are published in sufficient time after
13 passage of these proposed constitutional amendments.
14 (b) Upon the second passage by the General Assembly of these
15 proposed constitutional amendments, the Secretary of the
16 Commonwealth shall proceed immediately to comply with the
17 advertising requirements of section 1 of Article XI of the
18 Constitution of Pennsylvania and shall transmit the required
19 advertisements to two newspapers in every county in which such
20 newspapers are published in sufficient time after passage of
21 these proposed constitutional amendments. The Secretary of the
22 Commonwealth shall submit the proposed constitutional amendments
23 under section 1 to the qualified electors of this Commonwealth
24 as a single ballot question at the first primary, general or
25 municipal election occurring at least three months after the
26 proposed constitutional amendments are passed by the General
27 Assembly.
A7L83BIL/20030H0653B0759 - 8 -