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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=36178
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: September 9, 2021 11:19 AM
From: Representative Matthew D. Dowling
To: All House members
Subject: Constitutional Amendment - Reform of the Judicial Conduct Board and Court of Judicial Discipline
 
In the near future, I will introduce a joint resolution to amend Article V, Section 18 of the Pennsylvania Constitution.  This section of our chartering document provides for the makeup and authority of the Judicial Conduct Board and the Court of Judicial Discipline.  My legislation will be structured to so that two questions are posed to electors.
 
Question 1:The Judicial Conduct Board.
 
The Judicial Conduct Board is an independent state agency responsible for investigating complaints of misconduct against judges of Pennsylvania’s unified judicial system; and filing formal charges against judges found to have engaged in unethical behavior.  The Board consists of 12 members, including:
 
  • Two judges (one from the court of common pleas and one from Superior or Commonwealth Court).
  • One magisterial district judge.
  • Three non-judge attorneys.
  • Six non-lawyer electors.
 
The Supreme Court appoints six of those members (three of which can be registered in the same political party) and the Governor appoints the remaining six ((three of which can be registered in the same political party).  Generally, each member serves a four-year term.
 
My joint resolution would amend the constitution to add six non-lawyer members to the Board, appointed by the constitutional officers of the House and Senate.  Under this proposal,  three non-lawyer members would be appointed by the Speaker of the House of Representatives (two appointees may be registered in the same political party).  Similarly, the President pro tempore  of the Senate would appoint three non-lawyer members (two appointees may be registered in the same political party).
 
Question 2:The Court of Judicial Discipline.
 
The Court of Judicial Discipline has jurisdiction over all judicial officers in Pennsylvania (from MDJ to Supreme Court Justice) and adjudicates formal charges filed against a judicial officer.  If the formal charges against a judicial officer are sustained, the Court of Judicial Discipline has the authority to impose sanctions, ranging from a reprimand to removal from office.  The Court consists of eight members as follows:
 
  • Three judges from the courts of common pleas, Superior Court or Commonwealth Court.
  • One magisterial district judge.
  • Four non-judge attorneys.
  • Two non-attorney electors.
 
Similar to the provisions relating to the Judicial Conduct Board, the Supreme Court appoints four members and the Governor appoints four members.  My joint resolution would increase the number of members from eight to 12.  Under this proposal, the Speaker of the House would appoint one non-judge attorney and one non-attorney elector; and the President pro tempore of the Senate would appoint a non-judge attorney and a non-attorney elector.
 
Currently, only two branches of government have appointment authority to the Judicial Conduct Board and the Court of Judicial Discipline.  I believe this increase in membership to include appointments from all three co-equal branches of Commonwealth government is not only appropriate, but it is absolutely necessary to maintain an equilibrium between the three branches.
 
Please join me in this effort by adding your name to the list of cosponsors for this joint resolution.
 
 



Introduced as HB1909