Regular Session 2015-2016 Senate Resolution 0256 P.N. 1461

PRINTER'S NO. 1461

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION

No.

256

Session of

2015

INTRODUCED BY GORDNER, WILEY, SCARNATI, BAKER, HAYWOOD, SCHWANK

AND YAW, DECEMBER 7, 2015

REFERRED TO RULES AND EXECUTIVE NOMINATIONS, DECEMBER 7, 2015

A RESOLUTION

Adopting rules of procedure governing the forthcoming due notice

to Kathleen G. Kane, Attorney General of the Commonwealth of

Pennsylvania, and a full hearing as required under Article

VI, Section 7 of the Pennsylvania Constitution.

WHEREAS, On September 21, 2015, the Pennsylvania Supreme

Court issued an order to temporarily suspend Pennsylvania

Attorney General Kathleen G. Kane's license to practice law for

an indefinite period of time; and

WHEREAS, On October 22, 2015, the order became effective and

Attorney General Kathleen G. Kane's law license was suspended;

and

WHEREAS, On October 26, 2015, the Senate established the

bipartisan Special Committee on Senate Address to pursue

possible Senate address related to Attorney General Kathleen G.

Kane under Article VI, Section 7 of the Pennsylvania

Constitution; and

WHEREAS, During November 2015, the Special Committee

conducted hearings taking sworn testimony and receiving evidence

to determine whether there is a sufficient basis for the Senate

to move forward with due notice to Attorney General Kathleen G.

Kane and a full hearing under Article VI, Section 7 of the

Pennsylvania Constitution; and

WHEREAS, On November 25, 2015, the Special Committee

completed and published its report finding that:

(1) the Senate is vested with the constitutional

authority under Article VI, Section 7 of the Pennsylvania

Constitution to direct the Governor to remove an Attorney

General for reasonable cause, following due notice and full

hearing, on the address of two-thirds of the Senate; and

(2) while making no specific finding on direct removal,

a sufficient basis exists for the Senate to move forward with

due notice to Attorney General Kathleen G. Kane and a full

hearing under Article VI, Section 7 of the Pennsylvania

Constitution;

therefore be it

RESOLVED, That the Senate:

(1) order the Senate Sergeant-at-Arms or his designees

to serve this resolution and the Special Committee Report,

with all exhibits, upon Attorney General Kathleen G. Kane on

or before December 11, 2015, at 5 p.m. to provide her due

notice of the formal proceedings now initiated;

(2) proclaim that Attorney General Kathleen G. Kane's

full hearing is scheduled for January 12, 2016, at 1 p.m. in

Hearing Room 1 of the North Office Building at the

Pennsylvania Capitol Complex;

(3) proclaim that the full hearing under Article VI,

Section 7 of the Pennsylvania Constitution shall take place

before the Special Committee on Senate Address, shall be open

to the public and shall focus solely on examining Attorney

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General Kathleen G. Kane's ability to perform the duties of

her office with a suspended law license;

(4) proclaim that Attorney General Kathleen G. Kane or

her counsel may file a written response to the Special

Committee Report, its exhibits or any part thereof with the

President pro tempore and the Chair of the Special Committee

on Senate Address any time prior to 12 noon on January 11,

2016; and

(5) adopt a set of rules to govern the hearing as

follows:

Rules of Procedure

For a Full Hearing

Pursuant to Article VI, Section 7 of the Pennsylvania

Constitution

I. FORMAT OF HEARING

(1) The Secretary-Parliamentarian of the Senate shall

prepare the record of the hearing in the same manner as the

legislative proceedings of the Senate.

(2) Attorney General Kathleen G. Kane shall have the

right to appear before the Special Committee to offer

testimony, submit a sworn or unsworn statement, submit third

party affidavits and/or produce documents related solely to

her ability to perform the duties of her office with a

suspended law license and to answer questions posed by

Special Committee members. Counsel shall appear before the

Special Committee with Attorney General Kathleen G. Kane and

be heard upon receipt by the President pro tempore of the

Senate and the Chair of the Special Committee of her written

authorization appointing counsel to appear with her and to

speak on her behalf.

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(3) If Attorney General Kathleen G. Kane does not elect

to appear personally before the Special Committee, she may

appoint counsel to represent her and appear on her behalf

before the Special Committee. Counsel shall appear and be

heard upon receipt by the President pro tempore of the Senate

and the Chair of the Special Committee of Attorney General

Kathleen G. Kane's written authorization appointing counsel

to speak on her behalf.

(4) Attorney General Kathleen G. Kane or her counsel

shall have the right to present documentary evidence.

(5) Should Attorney General Kathleen G. Kane or her

counsel fail to appear or participate in person, the Special

Committee shall proceed with its full hearing.

II. ADDITIONAL DOCUMENTS OR INFORMATION

Upon conclusion of the full hearing, Attorney General

Kathleen G. Kane or her counsel shall be permitted to submit

additional documents or information prior to January 15,

2016, at 5 p.m. Additional documents or information requested

during the hearing by members of the Special Committee shall

be submitted to the President pro tempore and the Chair of

the Special Committee along with any other documents or

information pertinent to the focus of the hearing pursuant to

Rule I(2) of this resolution which Attorney General Kathleen

G. Kane believes would be helpful to the Special Committee

members. The Chair of the Special Committee shall immediately

distribute copies of all documents or information provided

under this paragraph to members of the Special Committee.

III. REPORT

No later than 15 days following the conclusion of the

hearing, the Special Committee shall submit a report to the

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President pro tempore and the Secretary-Parliamentarian of

the Senate, which shall include, but not be limited to, the

official transcript of the hearing and the written documents

submitted by, or on behalf of, Attorney General Kathleen G.

Kane. Copies of the report shall be distributed to every

member of the Senate following the acceptance of the report

by the Senate.

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