PRIOR PASSAGE - NONE PRINTER'S NO. 1371
No. 1064 Session of 2007
INTRODUCED BY FUMO, A. WILLIAMS AND STACK, SEPTEMBER 11, 2007
REFERRED TO JUDICIARY, SEPTEMBER 11, 2007
A JOINT RESOLUTION
1 Proposing integrated amendments to the Constitution of the
2 Commonwealth of Pennsylvania, changing and adding provisions
3 relating to the selection of justices and judges.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following integrated amendments to the
7 Constitution of Pennsylvania are proposed in accordance with
8 Article XI:
9 (1) That section 8(b) of Article IV be amended and the
10 section be amended by adding a subsection to read:
11 § 8. Appointing power.
12 * * *
13 (b) The Governor shall fill vacancies in offices to which he
14 appoints, including appointments made pursuant to Article V, by
15 nominating to the Senate a proper person to fill the vacancy
16 within 90 days of the first day of the vacancy and not
17 thereafter. The Senate shall act on each executive nomination
18 within 25 legislative days of its submission. If the Senate has
1 not voted upon a nomination within 15 legislative days following 2 such submission, any five members of the Senate may, in writing, 3 request the presiding officer of the Senate to place the 4 nomination before the entire Senate body whereby the nomination 5 must be voted upon prior to the expiration of five legislative 6 days or 25 legislative days following submission by the 7 Governor, whichever occurs first. If the nomination is made 8 during a recess or after adjournment sine die, the Senate shall 9 act upon it within 25 legislative days after its return or 10 reconvening. If the Senate for any reason fails to act upon a 11 nomination submitted to it within the required 25 legislative 12 days, the nominee shall take office as if the appointment had 13 been consented to by the Senate. The Governor shall in a similar 14 manner fill vacancies in the offices of Auditor General, State 15 Treasurer, justice, judge, justice of the peace and in any other 16 elective office he is authorized to fill. In the case of a 17 vacancy in an elective office, a person shall be elected to the 18 office on the next election day appropriate to the office unless 19 the first day of the vacancy is within two calendar months 20 immediately preceding the election day in which case the 21 election shall be held on the second succeeding election day 22 appropriate to the office. 23 * * * 24 (d) An individual nominated as a judge for the court of 25 common pleas in the City of Philadelphia or a judge of the 26 municipal court of the City of Philadelphia who does not receive 27 a confirmation vote of two-thirds of the members elected to the 28 Senate shall not thereafter be nominated by the Governor to the 29 same court during the one-year period following the vote of the 30 Senate. 20070S1064B1371 - 2 -
1 (2) That sections 12(a), 13, 14 and 15 of Article V be 2 amended to read: 3 § 12. Qualifications of justices, judges and justices of the 4 peace. 5 (a) Justices, judges and justices of the peace shall be 6 citizens of [the] this Commonwealth. Justices and judges, except 7 the judges of the traffic court in the City of Philadelphia, 8 shall be members of the bar of the Supreme Court. Justices and 9 judges of statewide courts, for a period of one year preceding 10 their [election or] appointment and during their continuance in 11 office, shall reside within [the] this Commonwealth. Other 12 judges and justices of the peace, for a period of one year 13 preceding their election or appointment and during their 14 continuance in office, shall reside within their respective 15 districts, except as provided in this article for temporary 16 assignments. 17 * * * 18 § 13. [Election] Selection of justices, judges and justices 19 of the peace; vacancies. 20 [(a) Justices, judges] 21 (a) If a majority of those voting on the question throughout 22 this Commonwealth and a majority of those voting on the question 23 within the City of Philadelphia approve this method of judicial 24 selection, then judges of the court of common pleas within the 25 City of Philadelphia and judges of the municipal court of the 26 City of Philadelphia shall be appointed to their initial term by 27 the Governor, with the advice and consent of two-thirds of the 28 members elected to the Senate. The Governor shall nominate from 29 a list of at least three persons for each vacancy submitted by 30 the Philadelphia Judicial Nominating Commission one person for 20070S1064B1371 - 3 -
1 each vacancy with respect to which the list of recommendations 2 has been submitted. The appointments shall be made in accordance 3 with the provisions of section 8 of Article IV. 4 (b) If a majority of those voting on the question throughout 5 this Commonwealth and a majority of those voting on the question 6 within the City of Philadelphia approve the appointive system of 7 choosing judges as provided in section 13(a), then a vacancy in 8 the office of judge of the court of common pleas within the City 9 of Philadelphia and the office of judge of the municipal court 10 of the City of Philadelphia shall be filled by the procedure 11 provided in section 13(a). If a majority of those voting on the 12 question throughout this Commonwealth or a majority of those 13 voting on the question within the City of Philadelphia 14 disapprove the appointive system for choosing judges as provided 15 in section 13(a), then judges of the court of common pleas 16 within the City of Philadelphia and judges of the municipal 17 court of the City of Philadelphia shall be elected as provided 18 in section 13(c) for judges other than judges of the court of 19 common pleas within the City of Philadelphia and judges of the 20 municipal court of the City of Philadelphia; and vacancies in 21 the office of judge of the court of common pleas within the City 22 of Philadelphia and judge of the municipal court of the City of 23 Philadelphia shall be filled as provided in section 13(d) for 24 judges other than judges of the court of common pleas within the 25 City of Philadelphia and judges of the municipal court of the 26 City of Philadelphia. 27 (c) Judges, other than judges of the court of common pleas 28 within the City of Philadelphia and judges of the municipal 29 court of the City of Philadelphia, and justices of the peace 30 shall be elected at the municipal election next preceding the 20070S1064B1371 - 4 -
1 commencement of their respective terms of office by the electors 2 of the [Commonwealth or the] respective districts in which they 3 are to serve. 4 [(b)] (d) A vacancy in the office of [justice,] judge, other 5 than judge of the court of common pleas within the City of 6 Philadelphia or judge of the municipal court of the City of 7 Philadelphia, or justice of the peace shall be filled by 8 appointment by the Governor. The appointment shall be with the 9 advice and consent of two-thirds of the members elected to the 10 Senate, except in the case of justices of the peace which shall 11 be by a majority. The person so appointed shall serve for a term 12 ending on the first Monday of January following the next 13 municipal election more than ten months after the vacancy occurs 14 or for the remainder of the unexpired term whichever is less, 15 except in the case of persons selected as additional judges to 16 the Superior Court, where the General Assembly may stagger and 17 fix the length of the initial terms of such additional judges by 18 reference to any of the first, second and third municipal 19 elections more than ten months after the additional judges are 20 selected. The manner by which any additional judges are selected 21 shall be provided by this section for the filling of vacancies 22 in judicial offices. 23 [(c)] (e) The provisions of [section 13(b)] section 13(d) 24 shall not apply either in the case of a vacancy to be filled by 25 retention election as provided in section 15(b), or in the case 26 of a vacancy created by failure of a justice or judge to file a 27 declaration for retention election as provided in section 15(b). 28 In the case of a vacancy occurring at the expiration of an 29 appointive term under section [13(b)] 13(d), the vacancy shall 30 be filled by election as provided in section [13(a)] 13(c). 20070S1064B1371 - 5 -
1 [(d) At the primary election in 1969, the electors of the 2 Commonwealth may elect to have the justices and judges of the 3 Supreme, Superior, Commonwealth and all other statewide courts 4 appointed by the Governor from a list of persons qualified for 5 the offices submitted to him by the Judicial Qualifications 6 Commission. If a majority vote of those voting on the question 7 is in favor of this method of appointment, then whenever any 8 vacancy occurs thereafter for any reason in such court, the 9 Governor shall fill the vacancy by appointment in the manner 10 prescribed in this subsection. Such appointment shall not 11 require the consent of the Senate. 12 (e)] (f) Each [justice or] judge of the court of common 13 pleas within the City of Philadelphia or judge of the municipal 14 court of the City of Philadelphia appointed by the Governor 15 under section [13(d)] 13(a) shall hold office for an initial 16 term of four years ending the first Monday of January following 17 the next municipal election more than [24] 48 months following 18 the appointment. 19 § 14. [Judicial Qualifications] Philadelphia Judicial 20 Nominating Commission. 21 [(a) Should the method of judicial selection be adopted as 22 provided in section 13 (d), there shall be a Judicial 23 Qualifications Commission, composed of four non-lawyer electors 24 appointed by the Governor and three non-judge members of the bar 25 of the Supreme Court appointed by the Supreme Court. No more 26 than four members shall be of the same political party. The 27 members of the commission shall serve for terms of seven years, 28 with one member being selected each year. The commission shall 29 consider all names submitted to it and recommend to the Governor 30 not fewer than ten nor more than 20 of those qualified for each 20070S1064B1371 - 6 -
1 vacancy to be filled. 2 (b) During his term, no member shall hold a public office or 3 public appointment for which he receives compensation, nor shall 4 he hold office in a political party or political organization. 5 (c) A vacancy on the commission shall be filled by the 6 appointing authority for the balance of the term.] 7 (a) If a majority of those voting on the question throughout 8 this Commonwealth and a majority of those voting on the question 9 within the City of Philadelphia approve the appointive system of 10 choosing judges as provided in section 13(a), then there shall 11 be a Philadelphia Judicial Nominating Commission which shall 12 evaluate the qualifications of applicants for appointment to the 13 office of judge of the court of common pleas in the City of 14 Philadelphia and the office of municipal court of the City of 15 Philadelphia. The commission should include men and women from 16 civic, labor and business communities and should reflect the 17 geographical, political, economic, ethnic and racial diversity 18 of the City of Philadelphia. 19 (b) (1) The commission shall consist of City of 20 Philadelphia residents as follows: 21 (i) One appointed by the District Attorney of the City of 22 Philadelphia. 23 (ii) One appointed by the Chief Public Defender of the City 24 of Philadelphia. 25 (iii) Three appointed by the Philadelphia bar association 26 with the largest membership. 27 (iv) Four appointed by the Governor. 28 (v) Two appointed by the President pro tempore of the 29 Senate. 30 (vi) Two appointed by the Minority Leader of the Senate. 20070S1064B1371 - 7 -
1 (vii) Three appointed by the chairman of the county 2 political party with the most registered voters residing in the 3 City of Philadelphia. 4 (viii) Three appointed by the chairman of the county 5 political party with the second most registered voters residing 6 in the City of Philadelphia. 7 (2) Of the four members appointed by the Governor, no more 8 than two shall be of the same political party, and no more than 9 two shall be members of the bar of the Supreme Court. Not more 10 than one of the two members appointed by the President pro 11 tempore of the Senate and the Minority Leader of the Senate 12 shall be a member of the bar of the Supreme Court. 13 (c) Each commissioner shall be appointed for a full four- 14 year term, except as provided for initial commissioners. The 15 initial commissioners shall serve terms as follows: 16 (1) The commissioner appointed by the District Attorney of 17 the City of Philadelphia, two years. 18 (2) The commissioner appointed by the Chief Public Defender 19 of the City of Philadelphia, four years. 20 (3) The commissioner appointed by the Philadelphia bar 21 association, two years. 22 (4) The commissioners appointed by the Governor, one for one 23 year, one for two years, one for three years and one for four 24 years. 25 (5) The commissioners appointed by the President pro tempore 26 of the Senate, one for four years and one for one year. 27 (6) The commissioners appointed by the Minority Leader of 28 the Senate, one for three years and one for two years. 29 (7) The commissioners appointed by the chairman of the 30 county political parties of the City of Philadelphia, one for 20070S1064B1371 - 8 -
1 two years, one for three years and one for four years, each. 2 (d) The Governor shall designate one of the commissioners as 3 chairman of the commission. 4 (e) No commissioner shall be appointed to more than two 5 successive full four-terms. An appointment to fill an unexpired 6 term which has less than two years to run shall not be deemed a 7 full term. A vacancy in the office of an elected commissioner 8 shall be filled by the first alternate for the unexpired portion 9 of the term. Other vacancies shall be filled by the respective 10 appointing authority for the unexpired portion of the term. 11 During his term of service, no appointed commissioner shall hold 12 a public office or public appointment, compensated or 13 uncompensated, nor shall he hold office in any political party 14 or political organization. 15 (f) Funds for the operation of the commission shall be 16 appropriated by the General Assembly as provided by law. 17 (g) The commission shall establish its own rules of 18 procedure, as provided by law. 19 (h) Whenever a vacancy occurs in the office of judge of the 20 court of common pleas or judge of the municipal court, the 21 commission shall publicly advertise such vacancy and solicit 22 applications. When it is known that a vacancy on the court will 23 occur in the future on a date certain, the selection process may 24 begin 90 days prior to that date. From the applications 25 received, the commission shall prepare and submit to the 26 Governor a list of at least three, but not more than five, 27 persons who are deemed most qualified to hold that judicial 28 office. Only one list may be submitted by the commission for 29 each vacancy. In the event of the death or withdrawal of a 30 person on the commission's list, the commission may substitute a 20070S1064B1371 - 9 -
1 replacement. The list shall be submitted to the Governor no 2 later than 60 days after the vacancy occurs. When more than one 3 vacancy on the same court exists, the number of persons on the 4 list which is submitted to the Governor shall be increased by 5 two persons for each additional vacancy. 6 (i) The list submitted to the Governor shall contain the 7 names of those persons who received affirmative votes from 12 or 8 more commissioners, provided that the number of persons shall 9 not exceed the limitations imposed by subsection (h). 10 Immediately following submission to the Governor, the list shall 11 be made public by the commission. 12 (j) In addition to such other requirements as may be 13 provided by law, no applicant shall be considered by the 14 commission unless the applicant is a member in good standing of 15 the bar of the Supreme Court, has demonstrated professional 16 competence, judgment and integrity, and, in the case of an 17 applicant for judge of the court of common pleas within the City 18 of Philadelphia, has actively engaged in the practice or 19 teaching of law for an aggregate of at least ten years prior to 20 the time of application and, in the case of an applicant for 21 judge of the municipal court of the City of Philadelphia, has 22 actively engaged in the practice or teaching of law for an 23 aggregate of at least five years prior to the time of 24 application. 25 § 15. Tenure of justices, judges and justices of the peace. 26 (a) [The] Except as provided in section 13(f), the regular 27 term of office of justices and judges shall be ten years and the 28 regular term of office for judges of the municipal court and 29 traffic court in the City of Philadelphia and of justices of the 30 peace shall be six years. The tenure of any justice or judge 20070S1064B1371 - 10 -
1 shall not be affected by changes in judicial districts or by 2 reduction in the number of judges. 3 (b) A justice or judge [elected under section 13(a),] of the 4 court of common pleas within the City of Philadelphia or judge 5 of the municipal court of the City of Philadelphia appointed 6 under section [13(d)] 13(a) or retained under this section 15(b) 7 may file a declaration of candidacy for retention election with 8 the officer of the Commonwealth who under law shall have 9 supervision over elections on or before the first Monday of 10 January of the year preceding the year in which his term of 11 office expires. If no declaration is filed, a vacancy shall 12 exist upon the expiration of the term of office of such justice 13 or judge, to be filled by [election] appointment under section 14 13(a) or by [appointment] election under section [13(d) if 15 applicable] 13(c). If a justice or judge files a declaration, 16 his name shall be submitted to the electors without party 17 designation, on a separate judicial ballot or in a separate 18 column on voting machines, at the municipal election immediately 19 preceding the expiration of the term of office of the justice or 20 judge, to determine only the question whether he shall be 21 retained in office. If a majority is against retention, a 22 vacancy shall exist upon the expiration of his term of office, 23 to be filled by appointment under section 13(b) or under section 24 13(d) [if applicable]. If a majority favors retention, the 25 justice or judge shall serve for the regular term of office 26 provided herein, unless sooner removed or retired. At the 27 expiration of each term a justice or judge shall be eligible for 28 retention as provided herein, subject only to the retirement 29 provisions of this article. 30 Section 2. (a) Upon the first passage by the General 20070S1064B1371 - 11 -
1 Assembly of these proposed constitutional amendments, the 2 Secretary of the Commonwealth shall proceed immediately to 3 comply with the advertising requirements of section 1 of Article 4 XI of the Constitution of Pennsylvania and shall transmit the 5 required advertisements to two newspapers in every county in 6 which such newspapers are published in sufficient time after 7 passage of these proposed constitutional amendments. 8 (b) Upon the second passage by the General Assembly of these 9 proposed constitutional amendments, the Secretary of the 10 Commonwealth shall proceed immediately to comply with the 11 advertising requirements of section 1 of Article XI of the 12 Constitution of Pennsylvania and shall transmit the required 13 advertisements to two newspapers in every county in which such 14 newspapers are published in sufficient time after passage of 15 these proposed constitutional amendments. The Secretary of the 16 Commonwealth shall submit the proposed constitutional amendments 17 under section 1 to the qualified electors of this Commonwealth 18 as a single ballot question at the first primary, general or 19 municipal election which meets the requirements of and is in 20 conformance with section 1 of Article XI of the Constitution of 21 Pennsylvania and which occurs at least three months after the 22 proposed constitutional amendments are passed by the General 23 Assembly. H30L83BIL/20070S1064B1371 - 12 -