1Proposing integrated amendments to the Constitution of the
2Commonwealth of Pennsylvania, changing and adding provisions
3relating to selection of justices and judges.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby resolves as follows:

6Section 1. The following integrated amendments to the
7Constitution of Pennsylvania are proposed in accordance with
8Article XI:

9(1) That section 8(b) of Article IV be amended to read:

10§ 8. Appointing power.

11* * *

12(b) [The] Except as provided in Article V, the Governor
13shall fill vacancies in offices to which he appoints by
14nominating to the Senate a proper person to fill the vacancy
15within 90 days of the first day of the vacancy and not
16thereafter. The Senate shall act on each executive nomination

1within 25 legislative days of its submission. If the Senate has
2not voted upon a nomination within 15 legislative days following
3such submission, any five members of the Senate may, in writing,
4request the presiding officer of the Senate to place the
5nomination before the entire Senate body whereby the nomination
6must be voted upon prior to the expiration of five legislative
7days or 25 legislative days following submission by the
8Governor, whichever occurs first. If the nomination is made
9during a recess or after adjournment sine die, the Senate shall
10act upon it within 25 legislative days after its return or
11reconvening. If the Senate for any reason fails to act upon a
12nomination submitted to it within the required 25 legislative
13days, the nominee shall take office as if the appointment had
14been consented to by the Senate. [The] Except as provided in 
15Article V, the Governor shall in a similar manner fill vacancies
16in the offices of Auditor General, State Treasurer, [justice,
17judge, justice of the peace] judge, magisterial district judge
18and in any other elective office he is authorized to fill. In
19the case of a vacancy in an elective office, a person shall be
20elected to the office on the next election day appropriate to
21the office unless the first day of the vacancy is within two
22calendar months immediately preceding the election day in which
23case the election shall be held on the second succeeding
24election day appropriate to the office.

25* * *

26(2) That section 13 of Article V be amended to read:

27§ 13. [Election] Selection of justices, judges and [justices of
28the peace] magisterial district judges; vacancies.

29(a) [Justices, judges] Judges, other than judges of the 
30Superior Court and the Commonwealth Court, and [justices of the

1peace] magisterial district judges shall be elected at the
2municipal election next preceding the commencement of their
3respective terms of office by the electors of the [Commonwealth
4or the] respective districts in which they are to serve.

5(b) A vacancy in the office of [justice, judge or justice of
6the peace] judge, other than judge of the Superior Court and the 
7Commonwealth Court, or magisterial district judge shall be
8filled by appointment by the Governor. The appointment shall be
9with the advice and consent of two-thirds of the members elected
10to the Senate, except in the case of [justices of the peace]
11magisterial district judges which shall be by a majority. The
12person so appointed shall serve for a term ending on the first
13Monday of January following the next municipal election more
14than ten months after the vacancy occurs or for the remainder of
15the unexpired term whichever is less.[, except in the case of
16persons selected as additional judges to the Superior Court,
17where the General Assembly may stagger and fix the length of the
18initial terms of such additional judges by reference to any of
19the first, second and third municipal elections more than ten
20months after the additional judges are selected.] The manner by
21which any additional judges are selected shall be provided by
22this section for the filling of vacancies in judicial offices.

23(b.1) (1) The Governor shall appoint each justice of the
24Supreme Court and judge of the Superior Court and the
25Commonwealth Court to the initial term of that justice or judge.
26The Governor shall nominate to the Senate individuals for
27appointment exclusively from the list of individuals recommended
28for appointment by the Appellate Court Nominating Commission
29described under section 14(a), and the appointment shall be with
30the advice and consent of a majority of the members elected to

1the Senate. Within 30 days after receiving a list of
2recommendations from the commission, the Governor shall nominate
3to the Senate one person from the list to fill the vacancy for
4which the list was submitted. The Senate shall act on each
5nomination of a justice of the Supreme Court or judge of the
6Superior Court and the Commonwealth Court within 15 legislative
7days after receiving the nomination from the Governor and shall
8notify the Governor of the action it took within 24 hours of
9taking it. If the nomination is made during a recess or after
10adjournment sine die, the Senate shall act upon it within 15
11legislative days after its return or reconvening and notify the
12Governor as provided in this subsection.

13(2) If the Senate fails to act upon a nomination submitted
14to it within the required number of legislative days after
15submission by the Governor, the nominee shall take office as if
16the appointment had been consented to by the Senate. The
17Governor shall make a substitute nomination from the
18commission's list within 30 days after receiving notification
19from the Senate of the rejection of a prior nominee, and the
20Senate shall act upon the nomination in the manner prescribed in
21this subsection. If the Senate rejects a total of three
22nominations made for a specific vacancy, the commission shall
23appoint any other person on the list and the appointee shall
24take office upon notification of the appointment by the
25commission and neither the Governor nor the Senate shall
26participate further in the appointment process for that vacancy.

27(b.2) A vacancy in the office of justice of the Supreme
28Court or judge of the Superior Court or the Commonwealth Court
29shall be filled by the procedure provided in section 13(b.1)(1).
30Additional judges to the Superior Court or the Commonwealth

1Court shall be selected as provided in section 13(b.1)(1).

2(c) The provisions of section 13(b) and (b.2) shall not
3apply [either] in the case of a vacancy to be filled by
4retention election as provided in section 15(b)[, or]. Section 
513(b) shall not apply in the case of a vacancy created by
6failure of a [justice or] judge to file a declaration for
7retention election as provided in section 15(b). In the case of
8a vacancy occurring at the expiration of an appointive term
9under section 13(b), the vacancy shall be filled by election as
10provided in section 13(a).

11[(d) At the primary election in 1969, the electors of the
12Commonwealth may elect to have the justices and judges of the
13Supreme, Superior, Commonwealth and all other statewide courts
14appointed by the Governor from a list of persons qualified for
15the offices submitted to him by the Judicial Qualifications
16Commission. If a majority vote of those voting on the question
17is in favor of this method of appointment, then whenever any
18vacancy occurs thereafter for any reason in such court, the
19Governor shall fill the vacancy by appointment in the manner
20prescribed in this subsection. Such appointment shall not
21require the consent of the Senate.]

22(e) Each justice or judge of the Superior Court or the 
23Commonwealth Court appointed by the Governor under section
24[13(d)] 13(b.1) or (b.2) shall hold office for an initial term
25ending the first Monday of January following the next municipal
26election more than [24] 48 months following the appointment.

27(3) That section 14 of Article V be amended to read:

28§ 14. [Judicial Qualifications] Appellate Court Nominating 
29Commission.

30[(a) Should the method of judicial selection be adopted as

1provided in section 13 (d), there shall be a Judicial
2Qualifications Commission, composed of four non-lawyer electors
3appointed by the Governor and three non-judge members of the bar
4of the Supreme Court appointed by the Supreme Court. No more
5than four members shall be of the same political party. The
6members of the commission shall serve for terms of seven years,
7with one member being selected each year. The commission shall
8consider all names submitted to it and recommend to the Governor
9not fewer than ten nor more than 20 of those qualified for each
10vacancy to be filled.

11(b) During his term, no member shall hold a public office or
12public appointment for which he receives compensation, nor shall
13he hold office in a political party or political organization.

14(c) A vacancy on the commission shall be filled by the
15appointing authority for the balance of the term.]

16(a) There shall be established an independent commission
17within the Executive Department known as the Appellate Court
18Nominating Commission. The commission shall consist of 15
19Pennsylvania residents who are 18 years of age or older. Seven
20members shall be public members who shall be selected as
21provided by law. Four members shall be appointed by the Governor
22and four members shall be appointed by the General Assembly. The
23members appointed by the General Assembly shall be appointed as
24follows: one each shall be appointed by the President pro
25tempore of the Senate, the Minority Leader of the Senate, the
26Speaker of the House of Representatives and the Minority Leader
27of the House of Representatives.

28(b) The General Assembly shall provide for the nomination of
29public members by groups located in this Commonwealth. No one
30holding elective or appointive public office, or designees or

1appointees of anyone holding elective or appointive public
2office, may participate in the nomination or appointment of
3public members, except that the Secretary of the Commonwealth
4may be designated to facilitate the process of nominating and
5appointing public members.

6(c) (1) Each of the members appointed by the General
7Assembly shall be members of the bar of the Supreme Court who
8are not justices, judges or magisterial district judges. The
9members appointed under this paragraph shall be residents of at
10least four different counties at the time of appointment and
11during their terms. If a member becomes a resident of a county
12of that of another member appointed by the General Assembly, the
13member shall forfeit his or her membership and the General
14Assembly shall appoint another member under this section.

15(2) The members appointed by the Governor shall not be
16attorneys licensed to practice law in any state and shall not be
17justices, judges or magisterial district judges. The members
18appointed under this paragraph shall be residents of at least
19four different counties at the time of appointment and during
20their terms. If a member becomes a resident of a county of that
21of another member appointed by the Governor, the member shall
22forfeit his or her membership and the Governor shall appoint
23another member under this section. No more than two of the
24members appointed by the Governor may be registered in the same
25political party.

26(d) Each member of the commission shall have been a resident
27of this Commonwealth for one year prior to that member's
28appointment and shall reside in this Commonwealth during that
29member's term. In making appointments to the commission, each
30nominating or appointing authority shall take into consideration

1that the commission should include men and women as well as
2individuals who come from racially and ethnically diverse
3backgrounds and who reflect the geographic diversity of this
4Commonwealth.

5(e) Except for the initial members of the commission, whose
6terms shall be provided by law, each member shall be appointed
7for a four-year term. Each member shall serve only until the end
8of that member's term. A member who has served a full term shall
9not be permitted to serve on the commission until four years
10have elapsed from the end of that member's term. An appointment
11of two years or less, whether by initial appointment or by
12appointment to fill an unexpired term, shall not be deemed a
13full term. A vacancy shall be filled for the remainder of the
14term to which the member was appointed in the same manner as the
15vacating member was appointed, except that the General Assembly
16may provide for a different manner for filling the vacancy of a
17public member.

18(f) No member, during the member's term, may hold office in
19any political party or political organization or hold elected or
20appointed public office, compensated or uncompensated, except
21that members may serve as part-time solicitors to political
22subdivisions. Neither any employee of the unified judicial
23system nor any lobbyist may be eligible for appointment to the
24commission. Members shall not be compensated for their services
25as members of the commission, but shall be reimbursed for
26expenses necessarily incurred in the discharge of their official
27duties in accordance with Commonwealth policy in effect for the
28Executive Department. Members of the General Assembly shall not
29be eligible for appointment to the commission for a period of
30one year following their service in the General Assembly.

1Members of the Judiciary shall not be eligible for appointment
2to the commission for a period of one year following their
3service on the Judiciary. Governors and Lieutenant Governors
4shall not be eligible for appointment to the commission for a
5period of one year following their service as Governor or
6Lieutenant Governor.

7(g) The General Assembly may provide for additional
8qualifications of members of the commission, not inconsistent
9with this article, as it deems appropriate in furthering the
10purposes of this article.

11(h) Whenever a vacancy occurs in the office of justice of
12the Supreme Court or judge of the Superior Court or the
13Commonwealth Court, the commission shall publicly announce the
14vacancy and solicit applications. When it is known that a
15vacancy on the Supreme Court, the Superior Court or the
16Commonwealth Court will occur in the future on a date certain,
17the selection process shall begin no later than 90 days prior to
18that date. From the applications received, the commission shall
19agree, by the affirmative votes from at least eight of the
20members, on a list of five individuals most qualified to hold
21the office and shall submit the list to the Governor. Only one
22list may be supplied by the commission for each vacancy. In
23making their selection, the members shall consider each
24applicant's qualifications and each person whose name is
25submitted to the Governor shall:

26(i) be a licensed member of the bar of the Supreme Court in
27good standing;

28(ii) have practiced law, served as a judge of a Federal
29court, served on a court or courts of record of this
30Commonwealth or been engaged in a law-related occupation for an

1aggregate of at least ten years prior to the date of the
2nomination; and

3(iii) have demonstrated integrity, judicial temperament,
4professional competence and experience and commitment to the
5community.

6The commission shall consider that each of the appellate courts
7should include both men and women who come from racially and
8ethnically diverse backgrounds and who reflect the geographic
9diversity of this Commonwealth.

10(i) The General Assembly may provide for other procedural
11provisions relating to the nomination of justices and judges,
12not inconsistent with this article, as it may deem necessary to
13carry out the purposes of this article.

14(j) The commission shall be provided with staff and its
15budget administered as provided by law. The budget request for
16the commission shall be made as a separate item in the
17Governor's budget submitted pursuant to section 12(a) of Article
18VII.

19(4) That section 15 of Article V be amended to read:

20§ 15. Tenure of justices, judges and [justices of the peace]
21magisterial district judges.

22(a) [The] Except as provided in section 13(e), the regular
23term of office of justices and judges shall be ten years and the
24regular term of office for judges of the municipal court and
25traffic court in the City of Philadelphia and of [justices of
26the peace] magisterial district judges shall be six years. The
27tenure of any justice or judge shall not be affected by changes
28in judicial districts or by reduction in the number of judges.

29(b) A justice or judge [elected under section 13(a),] of the 
30Superior Court or the Commonwealth Court appointed under section

1[13(d)] 13(b.1) or (b.2) or retained under this section 15(b) or 
2a judge elected under section 13(a) or retained under this 
3section 15(b) may file a declaration of candidacy for retention
4election with the officer of the Commonwealth who under law
5shall have supervision over elections on or before the first
6Monday of January of the year preceding the year in which [his]
7the term of office of the justice or judge expires. If no
8declaration is filed, a vacancy shall exist upon the expiration
9of the term of office of such justice or judge, to be filled by
10[election under section 13(a) or by appointment under section
1113(d) if applicable] appointment under section 13(b.1) or by 
12election under section 13(a). If a justice or judge files a
13declaration, [his name] the name of the justice or judge shall
14be submitted to the electors without party designation, on a
15separate judicial ballot or in a separate column on voting
16machines, at the municipal election immediately preceding the
17expiration of the term of office of the justice or judge, to
18determine only the question whether [he] the justice or judge
19shall be retained in office. If a majority is against retention,
20a vacancy shall exist upon the expiration of [his] the term of
21office of that justice or judge, to be filled by appointment
22under section 13(b) or [under section 13(d) if applicable]
23(b.2). If a majority favors retention, the justice or judge
24shall serve for the regular term of office provided herein,
25unless sooner removed or retired. At the expiration of each term
26a justice or judge shall be eligible for retention as provided
27herein, subject only to the retirement provisions of this
28article.

29Section 2. (a) Upon the first passage by the General
30Assembly of these proposed constitutional amendments, the

1Secretary of the Commonwealth shall proceed immediately to
2comply with the advertising requirements of section 1 of Article
3XI of the Constitution of Pennsylvania and shall transmit the
4required advertisements to two newspapers in every county in
5which such newspapers are published in sufficient time after
6passage of these proposed constitutional amendments.

7(b) Upon the second passage by the General Assembly of these
8proposed constitutional amendments, the Secretary of the
9Commonwealth shall proceed immediately to comply with the
10advertising requirements of section 1 of Article XI of the
11Constitution of Pennsylvania and shall transmit the required
12advertisements to two newspapers in every county in which such
13newspapers are published in sufficient time after passage of
14these proposed constitutional amendments. The Secretary of the
15Commonwealth shall submit the proposed constitutional amendments
16under section 1 to the qualified electors of this Commonwealth
17as a single ballot question at the first primary, general or
18municipal election which meets the requirements of and is in
19conformance with section 1 of Article XI of the Constitution of
20Pennsylvania and which occurs at least three months after the
21proposed constitutional amendments are passed by the General
22Assembly.