Trial Engrossment of Amendment A03441 to Senate Bill 283 P.N. 161, Regular Session 2015-2016

PRIOR PASSAGE - J.R. 2013-1

A03441

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

283

Session of

2015

INTRODUCED BY PILEGGI, WARD, GREENLEAF, VULAKOVICH, GORDNER,

WAGNER, WHITE AND RAFFERTY, JANUARY 16, 2015

REFERRED TO JUDICIARY, JANUARY 16, 2015

A JOINT RESOLUTION

Proposing integrated amendments to the Constitution of the

Commonwealth of Pennsylvania, eliminating the Traffic Court

of Philadelphia; and providing for right to appear pro se.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1. The following integrated amendments to the

Constitution of Pennsylvania are proposed in accordance with

Article XI:

(1) That section 1 of Article V be amended to read:

§ 1. Unified judicial system.

The judicial power of the Commonwealth shall be vested in a

unified judicial system consisting of the Supreme Court, the

Superior Court, the Commonwealth Court, courts of common pleas,

community courts, municipal [and traffic] courts in the City of

Philadelphia, such other courts as may be provided by law and

justices of the peace. All courts and justices of the peace and

their jurisdiction shall be in this unified judicial system.

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

Article V be amended to read:

§ 6. Community courts; Philadelphia Municipal Court [and

Traffic Court].

* * *

court [and a traffic court]. The number of judges and the

jurisdiction [of each] shall be as provided by law. [These

courts] This court shall exist so long as a community court has

not been established or in the event one has been discontinued

under this section. This court shall guarantee the right of any

individual to appear before it pro se.

(3) That subsection (d) of section 10 of Article V be

amended to read:

§ 10. Judicial administration.

* * *

(d) The Chief Justice and president judges of all courts

with seven or less judges shall be the justice or judge longest

in continuous service on their respective courts; and in the

event of his resignation from this position the justice or judge

next longest in continuous service shall be the Chief Justice or

president judge. The president judges of all other courts shall

be selected for five-year terms by the members of their

respective courts[, except that the president judge of the

traffic court in the City of Philadelphia shall be appointed by

the Governor]. A Chief Justice or president judge may resign

such position and remain a member of the court. In the event of

a tie vote for office of president judge in a court which elects

its president judge, the Supreme Court shall appoint as

president judge one of the judges receiving the highest number

of votes.

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* * *

(4) That subsection (b) of section 12 of Article V be

amended to read:

§ 12. Qualifications of justices, judges and justices of the

peace.

* * *

(b) [Judges of the traffic court in the City of Philadelphia

and justices] Justices of the peace shall be members of the bar

of the Supreme Court or shall complete a course of training and

instruction in the duties of their respective offices and pass

an examination prior to assuming office. Such courses and

examinations shall be as provided by law.

(5) That subsection (a) of section 15 of Article V be

amended to read:

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

(a) The regular term of office of justices and judges shall

be ten years and the regular term of office for judges of the

municipal court [and traffic court] in the City of Philadelphia

and of justices of the peace shall be six years. The tenure of

any justice or judge shall not be affected by changes in

judicial districts or by reduction in the number of judges.

* * *

Section 2. (a) Upon the first passage by the General

Assembly of these 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.

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

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

under section 1 of this resolution to the qualified electors of

this Commonwealth as a single ballot question at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of Article

XI of the Constitution of Pennsylvania and which occurs at least

three months after the proposed constitutional amendments are

passed by the General Assembly.

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