PRIOR PASSAGE - NONE
PRINTER'S NO. 55
No. 54 Session of 2003
INTRODUCED BY GREENLEAF, M. WHITE, LEMMOND, COSTA, O'PAKE,
D. WHITE, TARTAGLIONE, DENT, KITCHEN AND LOGAN,
JANUARY 24, 2003
REFERRED TO JUDICIARY, JANUARY 24, 2003
A JOINT RESOLUTION
1 Proposing integrated amendments to the Constitution of the
2 Commonwealth of Pennsylvania, making editorial changes by
3 replacing the phrase "justice of the peace" with "district
4 justice."
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby resolves as follows:
7 Section 1. The following integrated amendments to the
8 Constitution of Pennsylvania are proposed in accordance with
9 Article XI:
10 (1) That Section 8(b) of Article IV be amended to read:
11 § 8. Appointing power.
12 * * *
13 (b) The Governor shall fill vacancies in offices to which he
14 appoints by nominating to the Senate a proper person to fill the
15 vacancy within 90 days of the first day of the vacancy and not
16 thereafter. The Senate shall act on each executive nomination
17 within 25 legislative days of its submission. If the Senate has
18 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] district
15 justice and in any other elective office he is authorized to
16 fill. In the case of a vacancy in an elective office, a person
17 shall be elected to the office on the next election day
18 appropriate to the office unless the first day of the vacancy is
19 within two calendar months immediately preceding the election
20 day in which case the election shall be held on the second
21 succeeding election day appropriate to the office.
22 * * *
23 (2) That sections 1, 7, 10(a), (b) and (c), 12, 13 heading,
24 (a) and (b), 15 heading and (a), 16, 17(b) and (c) and 18 of
25 Article V be amended to read:
26 § 1. Unified judicial system.
27 The judicial power of the Commonwealth shall be vested in a
28 unified judicial system consisting of the Supreme Court, the
29 Superior Court, the Commonwealth Court, courts of common pleas,
30 community courts, municipal and traffic courts in the City of
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1 Philadelphia, such other courts as may be provided by law and
2 [justices of the peace] district justices. All courts and
3 [justices of the peace] district justices and their jurisdiction
4 shall be in this unified judicial system.
5 § 7. [Justices of the peace] District justices; magisterial
6 districts.
7 (a) In any judicial district, other than the City of
8 Philadelphia, where a community court has not been established
9 or where one has been discontinued there shall be one [justice
10 of the peace] district justice in each magisterial district. The
11 jurisdiction of the [justice of the peace] district justice
12 shall be as provided by law.
13 (b) The General Assembly shall by law establish classes of
14 magisterial districts solely on the basis of population and
15 population density and shall fix the salaries to be paid
16 [justices of the peace] district justices in each class. The
17 number and boundaries of magisterial districts of each class
18 within each judicial district shall be established by the
19 Supreme Court or by the courts of common pleas under the
20 direction of the Supreme Court as required for the efficient
21 administration of justice within each magisterial district.
22 § 10. Judicial administration.
23 (a) The Supreme Court shall exercise general supervisory and
24 administrative authority over all the courts and [justices of
25 the peace] district justices, including authority to temporarily
26 assign judges and [justices of the peace] district justices from
27 one court or district to another as it deems appropriate.
28 (b) The Supreme Court shall appoint a court administrator
29 and may appoint such subordinate administrators and staff as may
30 be necessary and proper for the prompt and proper disposition of
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1 the business of all courts and [justices of the peace] district
2 justices.
3 (c) The Supreme Court shall have the power to prescribe
4 general rules governing practice, procedure and the conduct of
5 all courts, [justices of the peace] district justices and all
6 officers serving process or enforcing orders, judgments or
7 decrees of any court or [justice of the peace] district justice,
8 including the power to provide for assignment and reassignment
9 of classes of actions or classes of appeals among the several
10 courts as the needs of justice shall require, and for admission
11 to the bar and to practice law, and the administration of all
12 courts and supervision of all officers of the Judicial Branch,
13 if such rules are consistent with this Constitution and neither
14 abridge, enlarge nor modify the substantive rights of any
15 litigant, nor affect the right of the General Assembly to
16 determine the jurisdiction of any court or [justice of the
17 peace] district justice, nor suspend nor alter any statute of
18 limitation or repose. All laws shall be suspended to the extent
19 that they are inconsistent with rules prescribed under these
20 provisions.
21 * * *
22 § 12. Qualifications of justices, judges and [justices of the
23 peace] district justices.
24 (a) Justices, judges and [justices of the peace] district
25 justices shall be citizens of the Commonwealth. Justices and
26 judges, except the judges of the traffic court in the City of
27 Philadelphia, shall be members of the bar of the Supreme Court.
28 Justices and judges of statewide courts, for a period of one
29 year preceding their election or appointment and during their
30 continuance in office, shall reside within the Commonwealth.
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1 Other judges and [justices of the peace] district justices for a
2 period of one year preceding their election or appointment and
3 during their continuance in office, shall reside within their
4 respective districts, except as provided in this article for
5 temporary assignments.
6 (b) Judges of the traffic court in the City of Philadelphia
7 and [justices of the peace] district justices shall be members
8 of the bar of the Supreme Court or shall complete a course of
9 training and instruction in the duties of their respective
10 offices and pass an examination prior to assuming office. Such
11 courses and examinations shall be as provided by law.
12 § 13. Election of justices, judges and [justices of the peace;]
13 district justices; vacancies.
14 (a) Justices, judges and [justices of the peace] district
15 justices shall be elected at the municipal election next
16 preceding the commencement of their respective terms of office
17 by the electors of the Commonwealth or the respective districts
18 in which they are to serve.
19 (b) A vacancy in the office of justice, judge or [justice of
20 the peace] district justice shall be filled by appointment by
21 the Governor. The appointment shall be with the advice and
22 consent of two-thirds of the members elected to the Senate,
23 except in the case of [justices of the peace] district justices
24 which shall be by a majority. The person so appointed shall
25 serve for a term ending on the first Monday of January following
26 the next municipal election more than ten months after the
27 vacancy occurs or for the remainder of the unexpired term
28 whichever is less, except in the case of persons selected as
29 additional judges to the Superior Court, where the General
30 Assembly may stagger and fix the length of the initial terms of
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1 such additional judges by reference to any of the first, second
2 and third municipal elections more than ten months after the
3 additional judges are selected. The manner by which any
4 additional judges are selected shall be provided by this section
5 for the filling of vacancies in judicial offices.
6 * * *
7 § 15. Tenure of justices, judges and [justices of the peace]
8 district justices.
9 (a) The regular term of office of justices and judges shall
10 be ten years and the regular term of office for judges of the
11 municipal court and traffic court in the City of Philadelphia
12 and of [justices of the peace] district justices shall be six
13 years. The tenure of any justice or judge shall not be affected
14 by changes in judicial districts or by reduction in the number
15 of judges.
16 * * *
17 § 16. Compensation and retirement of justices, judges and
18 [justices of the peace] district justices.
19 (a) Justices, judges and [justices of the peace] district
20 justices shall be compensated by the Commonwealth as provided by
21 law. Their compensation shall not be diminished during their
22 terms of office, unless by law applying generally to all
23 salaried officers of the Commonwealth.
24 (b) Justices, judges and [justices of the peace] district
25 justices shall be retired upon attaining the age of 70 years.
26 Former and retired justices, judges and [justices of the peace]
27 district justices shall receive such compensation as shall be
28 provided by law. Except as provided by law, no salary,
29 retirement benefit or other compensation, present or deferred,
30 shall be paid to any justice, judge or [justice of the peace]
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1 district justice who, under section 18 or under Article VI, is
2 suspended, removed or barred from holding judicial office for
3 conviction of a felony or misconduct in office or conduct which
4 prejudices the proper administration of justice or brings the
5 judicial office into disrepute.
6 (c) A former or retired justice or judge may, with his
7 consent, be assigned by the Supreme Court on temporary judicial
8 service as may be prescribed by rule of the Supreme Court.
9 § 17. Prohibited activities.
10 * * *
11 (b) Justices and judges shall not engage in any activity
12 prohibited by law and shall not violate any canon of legal or
13 judicial ethics prescribed by the Supreme Court. [Justices of
14 the peace] District justices shall be governed by rules or
15 canons which shall be prescribed by the Supreme Court.
16 (c) No justice, judge or [justice of the peace] district
17 justice shall be paid or accept for the performance of any
18 judicial duty or for any service connected with his office, any
19 fee, emolument or perquisite other than the salary and expenses
20 provided by law.
21 * * *
22 § 18. Suspension, removal, discipline and other sanctions.
23 (a) There shall be an independent board within the Judicial
24 Branch, known as the Judicial Conduct Board, the composition,
25 powers and duties of which shall be as follows:
26 (1) The board shall be composed of 12 members, as follows:
27 two judges, other than senior judges, one from the courts of
28 common pleas and the other from either the Superior Court or the
29 Commonwealth Court, one [justice of the peace] district justice
30 who need not be a member of the bar of the Supreme Court, three
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1 non-judge members of the bar of the Supreme Court and six non-
2 lawyer electors.
3 (2) The judge from either the Superior Court or the
4 Commonwealth Court, the [justice of the peace] district justice,
5 one non-judge member of the bar of the Supreme Court and three
6 non-lawyer electors shall be appointed to the board by the
7 Supreme Court. The judge from the courts of common pleas, two
8 non-judge members of the bar of the Supreme Court and three non-
9 lawyer electors shall be appointed to the board by the Governor.
10 (3) Except for the initial appointees whose terms shall be
11 provided by the schedule to this article, the members shall
12 serve for terms of four years. All members must be residents of
13 this Commonwealth. No more than three of the six members
14 appointed by the Supreme Court may be registered in the same
15 political party. No more than three of the six members appointed
16 by the Governor may be registered in the same political party.
17 Membership of a judge or [justice of the peace] district justice
18 shall terminate if the member ceases to hold the judicial
19 position that qualified the member for the appointment.
20 Membership shall terminate if a member attains a position that
21 would have rendered the member ineligible for appointment at the
22 time of the appointment. A vacancy shall be filled by the
23 respective appointing authority for the remainder of the term to
24 which the member was appointed. No member may serve more than
25 four consecutive years but may be reappointed after a lapse of
26 one year. The Governor shall convene the board for its first
27 meeting. At that meeting and annually thereafter, the members of
28 the board shall elect a chairperson. The board shall act only
29 with the concurrence of a majority of its members.
30 (4) No member of the board, during the member's term, may
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1 hold office in a political party or political organization.
2 Except for a judicial member, no member of the board, during the
3 member's term, may hold a compensated public office or public
4 appointment. All members shall be reimbursed for expenses
5 necessarily incurred in the discharge of their official duties.
6 (5) The board shall prescribe general rules governing the
7 conduct of members. A member may be removed by the board for a
8 violation of the rules governing the conduct of members.
9 (6) The board shall appoint a chief counsel and other staff,
10 prepare and administer its own budget as provided by law,
11 exercise supervisory and administrative authority over all board
12 staff and board functions, establish and promulgate its own
13 rules of procedure, prepare and disseminate an annual report and
14 take other actions as are necessary to ensure its efficient
15 operation. The budget request of the board shall be made by the
16 board as a separate item in the request submitted by the Supreme
17 Court on behalf of the Judicial Branch to the General Assembly.
18 (7) The board shall receive and investigate complaints
19 regarding judicial conduct filed by individuals or initiated by
20 the board; issue subpoenas to compel testimony under oath of
21 witnesses, including the subject of the investigation, and to
22 compel the production of documents, books, accounts and other
23 records relevant to the investigation; determine whether there
24 is probable cause to file formal charges against a justice,
25 judge or [justice of the peace] district justice for conduct
26 proscribed by this section; and present the case in support of
27 the charges before the Court of Judicial Discipline.
28 (8) Complaints filed with the board or initiated by the
29 board shall not be public information. Statements, testimony,
30 documents, records or other information or evidence acquired by
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1 the board in the conduct of an investigation shall not be public
2 information. A justice, judge or [justice of the peace] district
3 justice who is the subject of a complaint filed with the board
4 or initiated by the board or of an investigation conducted by
5 the board shall be apprised of the nature and content of the
6 complaint and afforded an opportunity to respond fully to the
7 complaint prior to any probable cause determination by the
8 board. All proceedings of the board shall be confidential except
9 when the subject of the investigation waives confidentiality.
10 If, independent of any action by the board, the fact that an
11 investigation by the board is in progress becomes a matter of
12 public record, the board may, at the direction of the subject of
13 the investigation, issue a statement to confirm that the
14 investigation is in progress, to clarify the procedural aspects
15 of the proceedings, to explain the rights of the subject of the
16 investigation to a fair hearing without prejudgment or to
17 provide the response of the subject of the investigation to the
18 complaint. In acting to dismiss a complaint for lack of probable
19 cause to file formal charges, the board may, at its discretion,
20 issue a statement or report to the complainant or to the subject
21 of the complaint, which may contain the identity of the
22 complainant, the identity of the subject of the complaint, the
23 contents and nature of the complaint, the actions taken in the
24 conduct of the investigation and the results and conclusions of
25 the investigation. The board may include with a report a copy of
26 information or evidence acquired in the course of the
27 investigation.
28 (9) If the board finds probable cause to file formal charges
29 concerning mental or physical disability against a justice,
30 judge or [justice of the peace] district justice, the board
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1 shall so notify the subject of the charges and provide the
2 subject with an opportunity to resign from judicial office or,
3 when appropriate, to enter a rehabilitation program prior to the
4 filing of the formal charges with the Court of Judicial
5 Discipline.
6 (10) Members of the board and its chief counsel and staff
7 shall be absolutely immune from suit for all conduct in the
8 course of their official duties. No civil action or disciplinary
9 complaint predicated upon the filing of a complaint or other
10 documents with the board or testimony before the board may be
11 maintained against any complainant, witness or counsel.
12 (b) There shall be a Court of Judicial Discipline, the
13 composition, powers and duties of which shall be as follows:
14 (1) The court shall be composed of a total of eight members
15 as follows: three judges other than senior judges from the
16 courts of common pleas, the Superior Court or the Commonwealth
17 Court, one [justice of the peace] district justice, two non-
18 judge members of the bar of the Supreme Court and two non-lawyer
19 electors. Two judges, the [justice of the peace] district
20 justice and one non-lawyer elector shall be appointed to the
21 court by the Supreme Court. One judge, the two non-judge members
22 of the bar of the Supreme Court and one non-lawyer elector shall
23 be appointed to the court by the Governor.
24 (2) Except for the initial appointees whose terms shall be
25 provided by the schedule to this article, each member shall
26 serve for a term of four years; however, the member, rather than
27 the member's successor, shall continue to participate in any
28 hearing in progress at the end of the member's term. All members
29 must be residents of this Commonwealth. No more than two of the
30 members appointed by the Supreme Court may be registered in the
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1 same political party. No more than two of the members appointed
2 by the Governor may be registered in the same political party.
3 Membership of a judge or [justice of the peace] district justice
4 shall terminate if the judge or [justice of the peace] district
5 justice ceases to hold the judicial position that qualified the
6 judge or [justice of the peace] district justice for
7 appointment. Membership shall terminate if a member attains a
8 position that would have rendered that person ineligible for
9 appointment at the time of the appointment. A vacancy on the
10 court shall be filled by the respective appointing authority for
11 the remainder of the term to which the member was appointed in
12 the same manner in which the original appointment occurred. No
13 member of the court may serve more than four consecutive years
14 but may be reappointed after a lapse of one year.
15 (3) The court shall prescribe general rules governing the
16 conduct of members. A member may be removed by the court for a
17 violation of the rules of conduct prescribed by the court. No
18 member, during the member's term of service, may hold office in
19 any political party or political organization. Except for a
20 judicial member, no member of the court, during the member's
21 term of service, may hold a compensated public office or public
22 appointment. All members of the court shall be reimbursed for
23 expenses necessarily incurred in the discharge of their official
24 duties.
25 (4) The court shall appoint staff and prepare and administer
26 its own budget as provided by law and undertake actions needed
27 to ensure its efficient operation. All actions of the court,
28 including disciplinary action, shall require approval by a
29 majority vote of the members of the court. The budget request of
30 the court shall be made as a separate item in the request by the
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1 Supreme Court on behalf of the Judicial Branch to the General
2 Assembly. The court shall adopt rules to govern the conduct of
3 proceedings before the court.
4 (5) Upon the filing of formal charges with the court by the
5 board, the court shall promptly schedule a hearing or hearings
6 to determine whether a sanction should be imposed against a
7 justice, judge or [justice of the peace] district justice
8 pursuant to the provisions of this section. The court shall be a
9 court of record, with all the attendant duties and powers
10 appropriate to its function. Formal charges filed with the court
11 shall be a matter of public record. All hearings conducted by
12 the court shall be public proceedings conducted pursuant to the
13 rules adopted by the court and in accordance with the principles
14 of due process and the law of evidence. Parties appearing before
15 the court shall have a right to discovery pursuant to the rules
16 adopted by the court and shall have the right to subpoena
17 witnesses and to compel the production of documents, books,
18 accounts and other records as relevant. The subject of the
19 charges shall be presumed innocent in any proceeding before the
20 court, and the board shall have the burden of proving the
21 charges by clear and convincing evidence. All decisions of the
22 court shall be in writing and shall contain findings of fact and
23 conclusions of law. A decision of the court may order removal
24 from office, suspension, censure or other discipline as
25 authorized by this section and as warranted by the record.
26 (6) Members of the court and the court's staff shall be
27 absolutely immune from suit for all conduct in the course of
28 their official duties, and no civil action or disciplinary
29 complaint predicated on testimony before the court may be
30 maintained against any witness or counsel.
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1 (c) Decisions of the court shall be subject to review as
2 follows:
3 (1) A justice, judge or [justice of the peace] district
4 justice shall have the right to appeal a final adverse order of
5 discipline of the court. A judge or [justice of the peace]
6 district justice shall have the right to appeal to the Supreme
7 Court in a manner consistent with rules adopted by the Supreme
8 Court; a justice shall have the right to appeal to a special
9 tribunal composed of seven judges, other than senior judges,
10 chosen by lot from the judges of the Superior Court and
11 Commonwealth Court who do not sit on the Court of Judicial
12 Discipline or the board, in a manner consistent with rules
13 adopted by the Supreme Court. The special tribunal shall hear
14 and decide the appeal in the same manner in which the Supreme
15 Court would hear and decide an appeal from an order of the
16 court.
17 (2) On appeal, the Supreme Court or special tribunal shall
18 review the record of the proceedings of the court as follows: on
19 the law, the scope of review is plenary; on the facts, the scope
20 of review is clearly erroneous; and, as to sanctions, the scope
21 of review is whether the sanctions imposed were lawful. The
22 Supreme Court or special tribunal may revise or reject an order
23 of the court upon a determination that the order did not sustain
24 this standard of review; otherwise, the Supreme Court or special
25 tribunal shall affirm the order of the court.
26 (3) An order of the court which dismisses a complaint
27 against a judge or [justice of the peace] district justice may
28 be appealed by the board to the Supreme Court, but the appeal
29 shall be limited to questions of law. An order of the court
30 which dismisses a complaint against a justice of the Supreme
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1 Court may be appealed by the board to a special tribunal in
2 accordance with paragraph (1), but the appeal shall be limited
3 to questions of law.
4 (4) No justice, judge or [justice of the peace] district
5 justice may participate as a member of the board, the court, a
6 special tribunal or the Supreme Court in any proceeding in which
7 the justice, judge or [justice of the peace] district justice is
8 a complainant, the subject of a complaint, a party or a witness.
9 (d) A justice, judge or [justice of the peace] district
10 justice shall be subject to disciplinary action pursuant to this
11 section as follows:
12 (1) A justice, judge or [justice of the peace] district
13 justice may be suspended, removed from office or otherwise
14 disciplined for conviction of a felony; violation of section 17
15 of this article; misconduct in office; neglect or failure to
16 perform the duties of office or conduct which prejudices the
17 proper administration of justice or brings the judicial office
18 into disrepute, whether or not the conduct occurred while acting
19 in a judicial capacity or is prohibited by law; or conduct in
20 violation of a canon or rule prescribed by the Supreme Court. In
21 the case of a mentally or physically disabled justice, judge or
22 [justice of the peace] district justice, the court may enter an
23 order of removal from office, retirement, suspension or other
24 limitations on the activities of the justice, judge or [justice
25 of the peace] district judge as warranted by the record. Upon a
26 final order of the court for suspension without pay or removal,
27 prior to any appeal, the justice, judge or [justice of the
28 peace] district justice shall be suspended or removed from
29 office; and the salary of the justice, judge or [justice of the
30 peace] district justice shall cease from the date of the order.
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1 (2) Prior to a hearing, the court may issue an interim order
2 directing the suspension, with or without pay, of any justice,
3 judge or [justice of the peace] district justice against whom
4 formal charges have been filed with the court by the board or
5 against whom has been filed an indictment or information
6 charging a felony. An interim order under this paragraph shall
7 not be considered a final order from which an appeal may be
8 taken.
9 (3) A justice, judge or [justice of the peace] district
10 justice convicted of misbehavior in office by a court, disbarred
11 as a member of the bar of the Supreme Court or removed under
12 this section shall forfeit automatically his judicial office and
13 thereafter be ineligible for judicial office.
14 (4) A justice, judge or [justice of the peace] district
15 justice who files for nomination for or election to any public
16 office other than a judicial office shall forfeit automatically
17 his judicial office.
18 (5) This section is in addition to and not in substitution
19 for the provisions for impeachment for misbehavior in office
20 contained in Article VI. No justice, judge or [justice of the
21 peace] district justice against whom impeachment proceedings are
22 pending in the Senate shall exercise any of the duties of office
23 until acquittal.
24 (3) That section 7 of the Schedule to Article V be amended
25 to read:
26 § 7. Community courts.
27 In a judicial district which establishes a community court, a
28 person serving as a [justice of the peace] district justice at
29 such time:
30 (a) May complete his term exercising the jurisdiction
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1 provided by law and with the compensation provided by law, and
2 (b) Upon completion of his term, his office is abolished and
3 no judicial function of the kind heretofore exercised by a
4 [justice of the peace] district justice shall thereafter be
5 exercised other than by the community court.
6 (4) That the undesignated subdivision heading preceding
7 section 8 of the Schedule to Article V be amended to read:
8 JUSTICES, JUDGES AND [JUSTICES OF THE PEACE]
9 DISTRICT JUSTICES
10 (5) That section 8 of the Schedule to Article V be amended
11 to read:
12 § 8. Justices, judges and [justices of the peace] district
13 justices.
14 Notwithstanding any provision in the article, a present
15 justice, judge or [justice of the peace] district justice may
16 complete his term of office.
17 (6) That the undesignated subdivision heading preceding
18 section 12 of the Schedule to Article V be amended to read:
19 MAGISTRATES, ALDERMEN AND [JUSTICES OF THE PEACE]
20 DISTRICT JUSTICES AND MAGISTERIAL DISTRICTS
21 OTHER THAN IN THE CITY OF PHILADELPHIA
22 (7) That sections 12, 13, 14, 21, 22, 24(b) and (c) and 26
23 of the Schedule to Article V be amended to read:
24 § 12. Magistrates, aldermen and [justices of the peace]
25 district justices.
26 An alderman, [justice of the peace] district justice or
27 magistrate:
28 (a) May complete his term, exercising the jurisdiction
29 provided by law and with the method of compensation provided by
30 law prior to the adoption of this article;
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1 (b) Shall be deemed to have taken and passed the examination
2 required by this article for [justices of the peace] district
3 justices if he has completed one full term of office before
4 creation of a magisterial district, and
5 (c) At the completion of his term, his office is abolished.
6 (d) Except for officers completing their terms, after the
7 first Monday in January, 1970, no judicial function of the kind
8 heretofore exercised by these officers, by mayors and like
9 officers in municipalities shall be exercised by any officer
10 other than the one [justice of the peace] district justice
11 elected or appointed to serve in that magisterial district.
12 § 13. Magisterial districts.
13 So that the provisions of this article regarding the
14 establishment of magisterial districts and the instruction and
15 examination of [justices of the peace] district justices may be
16 self-executing, until otherwise provided by law in a manner
17 agreeable to this article, the following provisions shall be in
18 force:
19 (a) The Supreme Court or the courts of common pleas under
20 the direction of the Supreme Court shall fix the number and
21 boundaries of magisterial districts of each class within each
22 judicial district by January 1, 1969, and these magisterial
23 districts, except where a community court has been adopted,
24 shall come into existence on January 1, 1970, the [justices of
25 the peace] district justices thereof to be elected at the
26 municipal election in 1969. These [justices of the peace]
27 district justices shall retain no fine, costs or any other sum
28 that shall be delivered into their hands for the performance of
29 any judicial duty or for any service connected with their
30 offices, but shall remit the same to the Commonwealth, county,
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1 municipal subdivision, school district or otherwise as may be
2 provided by law.
3 (b) Classes of magisterial districts.
4 (i) Magisterial districts of the first class shall have a
5 population density of more than 5,000 persons per square mile
6 and a population of not less than 65,000 persons.
7 (ii) Magisterial districts of the second class shall have a
8 population density of between 1,000 and 5,000 persons per square
9 mile and a population of between 20,000 persons and 65,000
10 persons.
11 (iii) Magisterial districts of the third class shall have a
12 population density of between 200 and 1,000 persons per square
13 mile and a population of between 12,000 persons and 20,000
14 persons.
15 (iv) Magisterial districts of the fourth class shall have a
16 population density of between 70 and 200 persons per square mile
17 and a population of between 7,500 persons and 12,000 persons.
18 (v) Magisterial districts of the fifth class shall have a
19 population density of under 70 persons per square mile and a
20 population of between 4,000 persons and 7,500 persons.
21 (c) Salaries of [justices of the peace] district justices.
22 The salaries of the [justices of the peace] district justices
23 shall be as follows:
24 (i) In first class magisterial districts, $12,000 per year,
25 (ii) In second class magisterial districts, $10,000 per
26 year,
27 (iii) In third class magisterial districts, $8,000 per year,
28 (iv) In fourth and fifth class magisterial districts, $5,000
29 per year.
30 (v) The salaries here fixed shall be paid by the State
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1 Treasurer and for such payment this article and schedule shall
2 be sufficient warrant.
3 (d) Course of training, instruction and examination. The
4 course of training and instruction and examination in civil and
5 criminal law and procedure for a [justice of the peace] district
6 justice shall be devised by the Department of Public
7 Instruction, and it shall administer this course and examination
8 to insure that [justices of the peace] district justices are
9 competent to perform their duties.
10 § 14. Magisterial districts.
11 Effective immediately upon establishment of magisterial
12 districts and until otherwise prescribed the civil and criminal
13 procedural rules relating to venue shall apply to magisterial
14 districts; all proceedings before aldermen, magistrates and
15 [justices of the peace] district justices shall be brought in
16 and only in a magisterial district in which occurs an event
17 which would give rise to venue in a court of record; the court
18 of common pleas upon its own motion or on application at any
19 stage of proceedings shall transfer any proceeding in any
20 magisterial district to the [justice of the peace] district
21 justice for the magisterial district in which proper venue lies.
22 § 21. Inferior courts.
23 Upon the establishment of magisterial districts pursuant to
24 this article and schedule, and unless otherwise provided by law,
25 the police magistrates, including those serving in the traffic
26 court, the housing court and the city court shall continue as at
27 present. Such magistrates shall be part of the unified judicial
28 system and shall be subject to the general supervisory and
29 administrative authority of the Supreme Court. Such magistrates
30 shall be subject to the provisions of this article and schedule
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1 regarding educational requirements and prohibited activities of
2 [justices of the peace] district justices.
3 § 22. Causes, proceedings, books and records.
4 All causes and proceedings pending in any abolished court or
5 office of the [justice of the peace] district justice shall be
6 determined and concluded by the court to which jurisdiction of
7 the proceedings has been transferred under this schedule and all
8 books, dockets and records of any abolished court or office of
9 the [justice of the peace] district justice shall become those
10 of the court to which, under this schedule, jurisdiction of the
11 proceedings concerned has been transferred.
12 § 24. Judicial discipline.
13 * * *
14 (b) Of the members initially appointed to the Judicial
15 Conduct Board, the judge appointed by the Supreme Court shall
16 serve a four-year term, and the judge appointed by the Governor
17 shall serve a three-year term. The [justice of the peace]
18 district justice initially appointed shall serve a two-year
19 term. Of the three non-judge members of the bar of the Supreme
20 Court initially appointed, the first appointed by the Governor
21 shall serve a three-year term, the next appointed by the
22 Governor shall serve a two-year term, and the non-judge member
23 of the bar of the Supreme Court appointed by the Supreme Court
24 shall serve a one-year term. Of the six non-lawyer electors
25 initially appointed, the first appointed by the Governor and the
26 first appointed by the Supreme Court shall serve a four-year
27 term, the next appointed by the Governor and the next appointed
28 by the Supreme Court shall serve a three-year term, and the next
29 appointed by the Governor and the next appointed by the Supreme
30 Court shall serve a two-year term.
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1 (c) Of the three judges initially appointed to the Court of
2 Judicial Discipline, the first appointed by the Supreme Court
3 shall serve a four-year term, the next appointed by the Supreme
4 Court shall serve a three-year term, and the judge appointed by
5 the Governor shall serve a two-year term. The [justice of the
6 peace] district justice initially appointed shall serve a one-
7 year term. Of the non-judge members of the bar initially
8 appointed, the first appointed shall serve a four-year term, and
9 the next appointed shall serve a three-year term. Of the two
10 non-lawyer electors initially appointed, the non-lawyer elector
11 appointed by the Governor shall serve a three-year term, and the
12 non-lawyer elector appointed by the Supreme Court shall serve a
13 two-year term.
14 § 26. Writs of certiorari.
15 Unless and until changed by rule of the Supreme Court, in
16 addition to the right of appeal under section 9 of this article,
17 the judges of the courts of common pleas, within their
18 respective judicial districts, shall have power to issue writs
19 of certiorari to the municipal court in the City of
20 Philadelphia, [justices of the peace] district justices and
21 inferior courts not of record and to cause their proceedings to
22 be brought before them, and right and justice to be done.
23 Section 2. (a) Upon the first passage by the General
24 Assembly of these proposed constitutional amendments, the
25 Secretary of the Commonwealth shall proceed immediately to
26 comply with the advertising requirements of section 1 of Article
27 XI of the Constitution of Pennsylvania and shall transmit the
28 required advertisements to two newspapers in every county in
29 which such newspapers are published in sufficient time after
30 passage of these proposed constitutional amendments.
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1 (b) Upon the second passage by the General Assembly of these
2 proposed constitutional amendments, the Secretary of the
3 Commonwealth shall proceed immediately to comply with the
4 advertising requirements of section 1 of Article XI of the
5 Constitution of Pennsylvania and shall transmit the required
6 advertisements to two newspapers in every county in which such
7 newspapers are published in sufficient time after passage of
8 these proposed constitutional amendments. The Secretary of the
9 Commonwealth shall submit the proposed constitutional amendments
10 under section 1 to the qualified electors of this Commonwealth
11 as a single ballot question at the first primary, general or
12 municipal election occurring at least three months after the
13 proposed constitutional amendments are passed by the General
14 Assembly.
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