A JOINT RESOLUTION

 

1Proposing integrated amendments to the Constitution of the
2Commonwealth of Pennsylvania, eliminating the Traffic Court
3of Philadelphia.

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 1 of Article V be amended to read:

10§ 1. Unified judicial system.

11The judicial power of the Commonwealth shall be vested in a
12unified judicial system consisting of the Supreme Court, the
13Superior Court, the Commonwealth Court, courts of common pleas,
14community courts, municipal [and traffic] courts in the City of
15Philadelphia, such other courts as may be provided by law and
16justices of the peace. All courts and justices of the peace and
17their jurisdiction shall be in this unified judicial system.

18(2) That the heading and subsection (c) of section 6 of

1Article V be amended to read:

2§ 6. Community courts; Philadelphia Municipal Court [and
3Traffic Court].

4* * *

5(c) In the City of Philadelphia there shall be a municipal
6court [and a traffic court]. The number of judges and the
7jurisdiction [of each] shall be as provided by law. [These
8courts] This court shall exist so long as a community court has
9not been established or in the event one has been discontinued
10under this section.

11(3) That subsection (d) of section 10 of Article V be
12amended to read:

13§ 10. Judicial administration.

14* * *

15(d) The Chief Justice and president judges of all courts
16with seven or less judges shall be the justice or judge longest
17in continuous service on their respective courts; and in the
18event of his resignation from this position the justice or judge
19next longest in continuous service shall be the Chief Justice or
20president judge. The president judges of all other courts shall
21be selected for five-year terms by the members of their
22respective courts[, except that the president judge of the
23traffic court in the City of Philadelphia shall be appointed by
24the Governor]. A Chief Justice or president judge may resign
25such position and remain a member of the court. In the event of
26a tie vote for office of president judge in a court which elects
27its president judge, the Supreme Court shall appoint as
28president judge one of the judges receiving the highest number
29of votes.

30* * *

1(4) That subsection (b) of section 12 of Article V be
2amended to read:

3§ 12. Qualifications of justices, judges and justices of the
4peace.

5* * *

6(b) [Judges of the traffic court in the City of Philadelphia
7and justices] Justices of the peace shall be members of the bar
8of the Supreme Court or shall complete a course of training and
9instruction in the duties of their respective offices and pass
10an examination prior to assuming office. Such courses and
11examinations shall be as provided by law.

12(5) That subsection (a) of section 15 of Article V be
13amended to read:

14§ 15. Tenure of justices, judges and justices of the peace.

15(a) The regular term of office of justices and judges shall
16be ten years and the regular term of office for judges of the
17municipal court [and traffic court] in the City of Philadelphia
18and of justices of the peace shall be six years. The tenure of
19any justice or judge shall not be affected by changes in
20judicial districts or by reduction in the number of judges.

21* * *

22Section 2. (a) Upon the first passage by the General
23Assembly of these proposed constitutional amendments, the
24Secretary of the Commonwealth shall proceed immediately to
25comply with the advertising requirements of section 1 of Article
26XI of the Constitution of Pennsylvania and shall transmit the
27required advertisements to two newspapers in every county in
28which such newspapers are published in sufficient time after
29passage of these proposed constitutional amendments.

30(b) Upon the second passage by the General Assembly of these

1proposed constitutional amendments, the Secretary of the
2Commonwealth shall proceed immediately to comply with the
3advertising requirements of section 1 of Article XI of the
4Constitution of Pennsylvania and shall transmit the required
5advertisements to two newspapers in every county in which such
6newspapers are published in sufficient time after passage of
7these proposed constitutional amendments. The Secretary of the
8Commonwealth shall submit the proposed constitutional amendments
9under section 1 of this resolution to the qualified electors of
10this Commonwealth as a single ballot question at the first
11primary, general or municipal election which meets the
12requirements of and is in conformance with section 1 of Article
13XI of the Constitution of Pennsylvania and which occurs at least
14three months after the proposed constitutional amendments are
15passed by the General Assembly.