PRIOR PASSAGE - NONE
PRINTER'S NO. 2978
No. 2340 Session of 1992
INTRODUCED BY HAYDEN, PICCOLA, O'DONNELL, HAGARTY, RYAN, LINTON,
HECKLER, ITKIN, NAHILL, FAJT, JAMES, CAPPABIANCA, FARGO,
MELIO, GLADECK, JOSEPHS, HARLEY, BUNT, FLICK, LEVDANSKY,
M. N. WRIGHT, CHADWICK, REINARD, WILSON, BUTKOVITZ,
MICHLOVIC, RITTER, MERRY, SAURMAN, ARMSTRONG, LEE AND
TOMLINSON, JANUARY 28, 1992
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 1992
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, changing and adding provisions relating to
3 the selection of justices and judges.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following amendment to the Constitution of
7 Pennsylvania is proposed in accordance with Article XI:
8 (1) That sections 13, 14 and 15 of Article V be amended to
9 read:
10 § 13. [Election] Selection of justices, judges and justices of
11 the peace; vacancies.
12 (a) Justices of the Supreme Court and judges of the Superior
13 Court and the Commonwealth Court shall be appointed to their
14 initial term by the Governor, with the advice and consent of a
15 majority of the members elected to the Senate. Within 45 days,
16 but after 30 days of the date on which he first receives the
1 list of recommendations from the Judicial Nominating Commission,
2 the Governor shall nominate from the list one person for each
3 vacancy with respect to which the list of recommendations has
4 been submitted. The Senate shall act on each nomination within
5 45 days of its submission. If the nomination is made during a
6 recess or after adjournment sine die, the Senate shall act upon
7 it within 45 days after its return or reconvening. If the Senate
8 fails to act upon a nomination submitted to it within the
9 required 45 days, the nominee shall take office as if the Senate
10 had consented to the nominee.
11 (b) A vacancy in the office of justice of the Supreme Court
12 or judge of the Superior Court or the Commonwealth Court or a
13 judge appointed under section 13(d) shall be filled by the
14 procedure provided in section 13(a).
15 [(a)] (c) [Justices, judges] Judges, other than judges of
16 the Superior Court and the Commonwealth Court, and justices of
17 the peace shall be elected at the municipal election next
18 preceding the commencement of their respective terms of office
19 by the electors of the [Commonwealth or the] respective
20 districts in which they are to serve.
21 (d) Upon presentation of a petition signed by a number of
22 qualified electors of a city of the first class equal to 2% of
23 the number of ballots cast at the last general election in such
24 city, the Secretary of the Commonwealth shall place upon the
25 ballot of such city, at the next general or municipal election,
26 the following referendum question:
27 Do you favor the appointment of judges of the Court of
28 Common Pleas of the First Judicial District in the manner
29 provided for the appointment of appellate court justices
30 and judges under section 13 of Article V, of the
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1 Pennsylvania Constitution?
2 The conduct of the referendum and the canvassing of votes shall
3 be as provided in the election laws of this Commonwealth. If a
4 majority of the voting electors vote in favor of the question,
5 all current and future vacancies in the office of Judge of the
6 Court of Common Pleas of the First Judicial District shall be
7 filled in the manner provided in this section. If a majority of
8 the voting electors do not vote in favor of the question, the
9 referendum may again be held at a future election in accordance
10 with this subsection, but not more frequently than once every
11 five years.
12 [(b)] (e) A vacancy in the office of [justice,] judge, other
13 than judge of the Superior Court or the Commonwealth Court, a
14 judge appointed under section 13(d) or justice of the peace
15 shall be filled by appointment by the Governor. The appointment
16 shall be with the advice and consent of [two-thirds] a majority
17 of the members elected to the Senate[, except in the case of
18 justices of the peace which shall be by a majority]. The person
19 so appointed shall serve for a term ending on the first Monday
20 of January following the next municipal election more than ten
21 months after the vacancy occurs or for the remainder of the
22 unexpired term whichever is less[, except in the case of persons
23 selected as additional judges to the Superior Court, where the
24 General Assembly may stagger and fix the length of the initial
25 terms of such additional judges by reference to any of the
26 first, second and third municipal elections more than ten months
27 after the additional judges are selected]. The manner by which
28 any additional judges are selected shall be provided by section
29 13(b) and this section for the filling of vacancies in judicial
30 offices.
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1 [(c)] (f) The provisions of section 13(b) and (e) shall not
2 apply [either] in the case of a vacancy to be filled by
3 retention election as provided in section 15(b)[, or]. Section
4 13(e) shall not apply in the case of a vacancy created by
5 failure of a [justice or] judge to file a declaration for
6 retention election as provided in section 15(b). In the case of
7 a vacancy occurring at the expiration of an appointive term
8 under section [13(b)] 13(e), the vacancy shall be filled by
9 election as provided in section [13(a)] 13(c).
10 [(d) At the primary election in 1969, the electors of the
11 Commonwealth may elect to have the justices and judges of the
12 Supreme, Superior, Commonwealth and all other statewide courts
13 appointed by the Governor from a list of persons qualified for
14 the offices submitted to him by the Judicial Qualifications
15 Commission. If a majority vote of those voting on the question
16 is in favor of this method of appointment, then whenever any
17 vacancy occurs thereafter for any reason in such court, the
18 Governor shall fill the vacancy by appointment in the manner
19 prescribed in this subsection. Such appointment shall not
20 require the consent of the Senate.
21 (e)] (g) Each justice of the Supreme Court or judge of the
22 Superior Court or the Commonwealth Court appointed by the
23 Governor under section [13(d)] 13(a) or (b) shall hold office
24 for an initial term of four years ending the first Monday of
25 January following the next municipal election more than [24] 48
26 months following the appointment.
27 § 14. [Judicial Qualifications Commission] Judicial Nominating
28 Commission.
29 [(a) Should the method of judicial selection be adopted as
30 provided in section 13 (d), there shall be a Judicial
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1 Qualifications Commission, composed of four non-lawyer electors
2 appointed by the Governor and three non-judge members of the bar
3 of the Supreme Court appointed by the Supreme Court. No more
4 than four members shall be of the same political party. The
5 members of the commission shall serve for terms of seven years,
6 with one member being selected each year. The commission shall
7 consider all names submitted to it and recommend to the Governor
8 not fewer than ten nor more than 20 of those qualified for each
9 vacancy to be filled.
10 (b) During his term, no member shall hold a public office or
11 public appointment for which he receives compensation, nor shall
12 he hold office in a political party or political organization.
13 (c) A vacancy on the commission shall be filled by the
14 appointing authority for the balance of the term.]
15 (a) There shall be a Judicial Nominating Commission which
16 shall evaluate the qualifications of applicants for appointment
17 to the office of justice of the Supreme Court or judge of the
18 Superior Court or the Commonwealth Court. The commission shall
19 include a fair representation of men and women and shall reflect
20 fairly the geographical, political, economic and ethnic
21 diversity of this Commonwealth.
22 (b) The commission shall consist of 16 Pennsylvania
23 residents, of whom eight shall be appointed by the Governor and
24 two each shall be appointed by the President pro tempore of the
25 Senate, the Speaker of the House of Representatives, the
26 Minority Leader of the Senate and the Minority Leader of the
27 House of Representatives. Of the eight members appointed by the
28 Governor, only four shall be members of the bar of the Supreme
29 Court, and no more than four shall be enrolled in the same
30 political party. Not more than one of the two members appointed
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1 by the President pro tempore of the Senate, the Speaker of the
2 House of Representatives, the Minority Leader of the Senate and
3 the Minority Leader of the House of Representatives shall be a
4 member of the bar of the Supreme Court.
5 (c) Each commissioner shall be appointed for a full four-
6 year term, except as provided for initial commissioners. The
7 initial commissioners shall serve as follows: the commissioners
8 appointed by the Governor, two for one year, two for two years,
9 two for three years and two for four years; the commissioners
10 appointed by the President pro tempore of the Senate, one for
11 four years and one for one year; the commissioners appointed by
12 the Speaker of the House of Representatives, one for four years
13 and one for one year; the commissioners appointed by the
14 Minority Leader of the Senate, one for three years and one for
15 two years; and the commissioners appointed by the Minority
16 Leader of the House of Representatives, one for three years and
17 one for two years. The Governor shall designate one of the
18 commissioners as chairman of the commission. The chairman shall
19 serve at the pleasure of the Governor.
20 (d) No commissioner shall be appointed to more than two
21 successive full four-year terms. An appointment to fill an
22 unexpired term which has less than two years to run shall not be
23 deemed a full term. A vacancy on the commission shall be filled
24 for the balance of the term in the same manner that the vacating
25 member was appointed. During his term of service, no
26 commissioner shall hold a public office or public appointment,
27 compensated or uncompensated, nor shall he hold office in any
28 political party or political organization.
29 (e) Each commissioner shall receive a reasonable per diem in
30 compensation for his service and shall be reimbursed for
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1 reasonable expenses incurred in the exercise of his duties.
2 (f) Whenever a vacancy occurs in the office of justice of
3 the Supreme Court or judge of the Superior Court or the
4 Commonwealth Court, the commission shall publicly advertise the
5 vacancy and solicit applications. From the applications
6 received, the commission shall prepare and submit to the
7 Governor a list of at least five but not more than seven persons
8 who are qualified to hold that judicial office. Each person
9 recommended to the Governor shall, for an aggregate of ten
10 years, have either practiced law or served as judge of a court
11 or courts of record in this Commonwealth or have been engaged in
12 a law-related occupation. The list shall be submitted to the
13 Governor no later than 90 days after the vacancy occurs. When
14 more than one vacancy on the same court exists, the number of
15 persons on the list which is submitted to the Governor shall be
16 increased by two persons for each additional vacancy.
17 (g) The list submitted to the Governor shall contain the
18 names of those persons who received affirmative votes from ten
19 or more commissioners, provided that the number of persons shall
20 not exceed the limitations imposed by section 14(f). Immediately
21 following submission to the Governor, the list shall be made
22 public by the commission.
23 § 15. Tenure of justices, judges and justices of the peace.
24 (a) The regular term of office of justices and judges shall
25 be ten years and the regular term of office for judges of the
26 municipal court and traffic court in the City of Philadelphia
27 and of justices of the peace shall be six years. The tenure of
28 any justice or judge shall not be affected by changes in
29 judicial districts or by reduction in the number of judges.
30 (b) A justice or judge [elected under section 13(a),] of the
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1 Superior Court or the Commonwealth Court appointed under section
2 [13(d)] 13(a) or (b) or retained under [this] section 15(b) or a
3 judge elected under section 13(c) or retained under section
4 15(b) or a judge appointed under section 13(d) or retained under
5 section 15(b) may file a declaration of candidacy for retention
6 election with the officer of the Commonwealth who under law
7 shall have supervision over elections on or before the first
8 Monday of January of the year preceding the year in which his
9 term of office expires. If no declaration is filed, a vacancy
10 shall exist upon the expiration of the term of office of such
11 justice or judge, to be filled by [election] appointment under
12 section 13(a) or by [appointment] election under section [13(d)
13 if applicable] 13(c). If a justice or judge files a declaration,
14 his name shall be submitted to the electors without party
15 designation, on a separate judicial ballot or in a separate
16 column on voting machines, at the municipal election immediately
17 preceding the expiration of the term of office of the justice or
18 judge, to determine only the question whether he shall be
19 retained in office. If a majority is against retention, a
20 vacancy shall exist upon the expiration of his term of office,
21 to be filled by appointment under section 13(b) or under section
22 [13(d) if applicable] 13(e). If a majority favors retention, the
23 justice or judge shall serve for the regular term of office
24 provided herein, unless sooner removed or retired. At the
25 expiration of each term a justice or judge shall be eligible for
26 retention as provided herein, subject only to the retirement
27 provisions of this article.
28 (2) That Article V be amended by adding a section to read:
29 § 19. Appointment of justices and judges of appellate courts.
30 An individual nominated as a justice of the Supreme Court, a
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1 judge of the Superior Court or a judge of the Commonwealth Court
2 who does not receive a confirmation vote of a majority of the
3 members elected to the Senate shall not thereafter be appointed
4 by the Governor to the same court during the one-year period
5 following the vote of the Senate.
6 (3) That section 1 of Article XI be amended to read:
7 § 1. Proposal of amendments by the General Assembly and their
8 adoption.
9 Amendments to this Constitution may be proposed in the Senate
10 or House of Representatives; and if the same shall be agreed to
11 by a majority of the members elected to each House, such
12 proposed amendment or amendments shall be entered on their
13 journals with the yeas and nays taken thereon, and the Secretary
14 of the Commonwealth shall cause the same to be published three
15 months before the next general election, in at least two
16 newspapers in every county in which such newspapers shall be
17 published; and if, in the General Assembly next afterwards
18 chosen, such proposed amendment or amendments shall be agreed to
19 by a majority of the members elected to each House, the
20 Secretary of the Commonwealth shall cause the same again to be
21 published in the manner aforesaid; and such proposed amendment
22 or amendments shall be submitted to the qualified electors of
23 the State [in such manner, and at such time] at a specified
24 general or municipal election next following at least three
25 months after being so agreed to by the two Houses, as the
26 General Assembly shall prescribe; and, if such amendment or
27 amendments shall be approved by a majority of those voting
28 thereon, such amendment or amendments shall become a part of the
29 Constitution; but no amendment or amendments shall be submitted
30 oftener than once in five years. When two or more amendments
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1 shall be submitted they shall be voted upon separately.
2 (a) In the event a major emergency threatens or is about to
3 threaten the Commonwealth and if the safety or welfare of the
4 Commonwealth requires prompt amendment of this Constitution,
5 such amendments to this Constitution may be proposed in the
6 Senate or House of Representatives at any regular or special
7 session of the General Assembly, and if agreed to by at least
8 two-thirds of the members elected to each House, a proposed
9 amendment shall be entered on the journal of each House with the
10 yeas and nays taken thereon and the official in charge of
11 statewide elections shall promptly publish such proposed
12 amendment in at least two newspapers in every county in which
13 such newspapers are published. Such amendment shall then be
14 submitted to the qualified electors of the Commonwealth in such
15 manner, and at such time, at least one month after being agreed
16 to by both Houses as the General Assembly prescribes.
17 (b) If an emergency amendment is approved by a majority of
18 the qualified electors voting thereon, it shall become part of
19 this Constitution. When two or more emergency amendments are
20 submitted they shall be voted on separately.
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