PRIOR PASSAGE - NONE

PRINTER'S NO. 702

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

664

Session of

2017

INTRODUCED BY BAKER, MILLARD, ORTITAY, PICKETT, WATSON, GROVE,

hereby resolves as follows:

Constitution of Pennsylvania are proposed in accordance with

Article XI:

§ 5. Courts of common pleas.

district (a) having such divisions and consisting of such number

spousal support, alimony, alimony pendente lite, equitable

division of marital property and related family law matters as

provided by statute; and

and

law masters and mediators as provided by statute.

§ 10. Judicial administration.

appeals among the several courts as the needs of justice shall

require, and for admission to the bar and to practice law, and

the administration of all courts and supervision of all officers

of the Judicial Branch, if such rules are consistent with this

Constitution and neither abridge, enlarge nor modify the

substantive rights of any litigant, nor affect the right of the

General Assembly to determine the jurisdiction of any court or

justice of the peace, nor suspend nor alter any statute of

limitation or repose. [All] Except for statutes enacted pursuant

to section 5 of this article, all laws shall be suspended to the

in criminal proceedings, including the use of videotaped

depositions or testimony by closed-circuit television.

and (4) and (d) introductory paragraph and (1), (2) and (3) of

Article V be amended to read:

§ 18. Suspension, removal, discipline and other sanctions.

Branch, known as the Judicial Conduct Board, the composition,

powers and duties of which shall be as follows:

and to compel the production of documents, books, accounts and

other records relevant to the investigation; determine whether

there is probable cause to file formal charges against a

justice, judge [or], justice of the peace or family law master

for conduct proscribed by this section; and present the case in

support of the charges before the Court of Judicial Discipline.

board shall not be public information. Statements, testimony,

documents, records or other information or evidence acquired by

the board in the conduct of an investigation shall not be public

content of the complaint and afforded an opportunity to respond

fully to the complaint prior to any probable cause determination

by the board. All proceedings of the board shall be confidential

except when the subject of the investigation waives

confidentiality. If, independent of any action by the board, the

fact that an investigation by the board is in progress becomes a

matter of public record, the board may, at the direction of the

subject of the investigation, issue a statement to confirm that

the investigation is in progress, to clarify the procedural

aspects of the proceedings, to explain the rights of the subject

complainant, the identity of the subject of the complaint, the

contents and nature of the complaint, the actions taken in the

conduct of the investigation and the results and conclusions of

the investigation. The board may include with a report a copy of

information or evidence acquired in the course of the

investigation.

concerning mental or physical disability against a justice,

judge [or], justice of the peace or family law master, the board

shall so notify the subject of the charges and provide the

composition, powers and duties of which shall be as follows:

board, the court shall promptly schedule a hearing or hearings

to determine whether a sanction should be imposed against a

justice, judge [or], justice of the peace or family law master

pursuant to the provisions of this section. The court shall be a

court of record, with all the attendant duties and powers

adopted by the court and shall have the right to subpoena

witnesses and to compel the production of documents, books,

accounts and other records as relevant. The subject of the

charges shall be presumed innocent in any proceeding before the

court, and the board shall have the burden of proving the

charges by clear and convincing evidence. All decisions of the

court shall be in writing and shall contain findings of fact and

conclusions of law. A decision of the court may order removal

from office, suspension, censure or other discipline as

authorized by this section and as warranted by the record.

law master shall have the right to appeal a final adverse order

of discipline of the court. A judge [or], justice of the peace

or family law master shall have the right to appeal to the

Supreme Court in a manner consistent with rules adopted by the

Supreme Court; a justice shall have the right to appeal to a

special tribunal composed of seven judges, other than senior

judges, chosen by lot from the judges of the Superior Court and

Commonwealth Court who do not sit on the Court of Judicial

Discipline or the board, in a manner consistent with rules

adopted by the Supreme Court. The special tribunal shall hear

may be appealed by the board to the Supreme Court, but the

appeal shall be limited to questions of law. An order of the

court which dismisses a complaint against a justice of the

Supreme Court may be appealed by the board to a special tribunal

in accordance with paragraph (1), but the appeal shall be

limited to questions of law.

law master may participate as a member of the board, the court,

a special tribunal or the Supreme Court in any proceeding in

which the justice, judge or justice of the peace is a

law master may be suspended, removed from office or otherwise

disciplined for conviction of a felony; [violation of section 17

of this article;] misconduct in office; neglect or failure to

perform the duties of office or conduct which prejudices the

proper administration of justice or brings the judicial office

into disrepute, whether or not the conduct occurred while acting

in a judicial capacity or is prohibited by law; or conduct in

violation of a canon or rule prescribed by the Supreme Court. A

justice, judge or justice of the peace may be suspended, removed

an order of removal from office, retirement, suspension or other

limitations on the activities of the justice, judge [or],

justice of the peace or family law master as warranted by the

record. Upon a final order of the court for suspension without

pay or removal, prior to any appeal, the justice, judge [or],

justice of the peace or family law master shall be suspended or

removed from office; and the salary of the justice, judge [or],

justice of the peace or family law master shall cease from the

date of the order.

charging a felony. An interim order under this paragraph shall

not be considered a final order from which an appeal may be

taken.

law master convicted of misbehavior in office by a court,

disbarred as a member of the bar of the Supreme Court or removed

under this section shall forfeit automatically his judicial

office and thereafter be ineligible for judicial office.

passage of these proposed constitutional amendments.

proposed constitutional amendments, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

these proposed constitutional amendments. The Secretary of the

Commonwealth shall submit the proposed constitutional amendments

Pennsylvania and which occurs at least three months after the

proposed constitutional amendments are passed by the General

Assembly.