PRINTER'S NO. 4627
No. 2945 Session of 2006
INTRODUCED BY METCALFE, BARRAR, CASORIO, CAUSER, CLYMER,
CREIGHTON, DeLUCA, DIVEN, ELLIS, J. EVANS, FORCIER, GABIG,
GOOD, GOODMAN, HICKERNELL, HUTCHINSON, KAUFFMAN, R. MILLER,
MUSTIO, PALLONE, PYLE, RAPP, SAYLOR, SCAVELLO, SOLOBAY,
R. STEVENSON, TANGRETTI, TRUE, TURZAI, VITALI, WATSON, WILT
AND YEWCIC, SEPTEMBER 26, 2006
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 26, 2006
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for
3 compensation of certain judges and for exclusive jurisdiction
4 of Supreme Court.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Chapter 17 of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended by adding a subchapter to read:
9 SUBCHAPTER C
10 COMPENSATION
11 Sec.
12 1741. Compensation of judges.
13 1742. Exclusive jurisdiction of Supreme Court.
14 § 1741. Compensation of judges.
15 (a) Base salaries.--Notwithstanding any other provision of
16 this title or law to the contrary and subject to the provisions
17 of subsection (b):
1 (1) A person who is elected or appointed to a term as a
2 justice of the Supreme Court, judge of the Superior Court,
3 judge of the Commonwealth Court, judge of a court of common
4 pleas, judge of the Philadelphia Municipal Court, judge of
5 the Philadelphia Traffic Court or magisterial district judge
6 after the effective date of this section shall receive a
7 salary that is equal to the salary payable to persons who
8 held that particular judicial office on June 30, 2005, plus
9 any applicable cost-of-living adjustment or adjustments under
10 subsection (b).
11 (2) A person who serves a term as a justice of the
12 Supreme Court, judge of the Superior Court, judge of the
13 Commonwealth Court, judge of a court of common pleas, judge
14 of the Philadelphia Municipal Court, judge of the
15 Philadelphia Traffic Court or magisterial district judge on
16 the effective date of this section and who commences a new
17 term after the effective date of this section in that
18 judicial office or another judicial office shall receive a
19 salary that is equal to the salary payable to persons holding
20 that particular judicial office on June 30, 2005, plus any
21 applicable cost-of-living adjustment or adjustments under
22 subsection (b).
23 (b) Cost-of-living adjustments.--
24 (1) For the 12-month period beginning January 1, 2007,
25 and each January 1 thereafter, the annual salaries for
26 persons subject to subsection (a)(1) or, on commencement of a
27 new term after the effective date of this section, subject to
28 subsection (a)(2), shall be increased by the percentage
29 change, if any, in the Consumer Price Index for All Urban
30 Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware
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1 and Maryland area for the most recent 12-month period for
2 which figures are officially reported by the United States
3 Department of Labor, Bureau of Labor Statistics, immediately
4 prior to the date the adjustment is due to take effect.
5 (2) The annual salaries as adjusted under paragraph (1)
6 shall be published in the Pennsylvania Bulletin by the Court
7 Administrator of Pennsylvania within 20 days of the date the
8 determination is made.
9 (c) Limitation.--
10 (1) No justice of the Supreme Court shall receive any
11 annual salary insofar as that salary is based on any increase
12 in the base salary of a circuit court judge of the United
13 States Court of Appeals that occurs after the effective date
14 of this section.
15 (2) No judge of the Superior Court or Commonwealth Court
16 shall receive any annual salary insofar as that salary is
17 based on any increase in the base salary of a judge of the
18 United States District Court that occurs after the effective
19 date of this section.
20 (3) No judge of a court of common pleas or Philadelphia
21 Municipal Court, Philadelphia Traffic Court or magisterial
22 district justice shall receive any annual salary insofar as
23 that annual salary is based on any increase in the base
24 salary of a United States Magistrate Judge that occurs after
25 the effective date of this section.
26 § 1742. Exclusive jurisdiction of Supreme Court.
27 The Pennsylvania Supreme Court shall have exclusive
28 jurisdiction to hear any challenge to or to render a declaratory
29 judgment concerning the constitutionality of this subchapter.
30 The Supreme Court is authorized to take such action as it deems
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1 appropriate, consistent with the Supreme Court retaining
2 jurisdiction over such a matter, to find facts or to expedite a
3 final judgment in connection with such a challenge or request
4 for declaratory relief.
5 Section 2. The provisions of this act are severable. If any
6 provision of this act or its application to any person or
7 circumstance is held invalid, the invalidity shall not affect
8 other provisions or applications of this act which can be given
9 effect without the invalid provision or application.
10 Section 3. This act shall take effect immediately.
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