PRINTER'S NO. 2863
No. 2173 Session of 1998
INTRODUCED BY ARMSTRONG, SCHRODER, FARGO, CHADWICK, BROWN,
HERMAN, HENNESSEY, LYNCH, HALUSKA AND E. Z. TAYLOR,
FEBRUARY 3, 1998
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 1998
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 Judicial Council of Pennsylvania.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "governing authority" in
7 section 102 of Title 42 of the Pennsylvania Consolidated
8 Statutes is amended and the section is amended by adding a
9 definition to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this title which are applicable to specific
13 provisions of this title, the following words and phrases when
14 used in this title shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 ["Governing authority."
18 (1) The Supreme Court; or
1 (2) any agency or unit of the unified judicial system
2 exercising a power or performing a duty pursuant to section
3 1721 (relating to delegation of powers).]
4 "Governing authority." The Judicial Council of Pennsylvania.
5 * * *
6 "Judicial Council." The Judicial Council of Pennsylvania
7 established under Subchapter C of Chapter 3 (relating to
8 Judicial Council of Pennsylvania).
9 * * *
10 Section 2. Sections 103, 301 and 325(b) of Title 42 are
11 amended to read:
12 § 103. Principles of construction.
13 (a) Necessary powers conferred.--The provisions of this
14 title shall be construed so as to vest in the unified judicial
15 system and in the personnel of the system power to do all things
16 that are reasonably necessary for the proper execution and
17 administration of their functions within the scope of their
18 respective jurisdiction.
19 (b) No inference from express grant of powers.--The
20 inclusion in this title of provisions derived from or based on
21 the text of the Constitution of Pennsylvania and the
22 specification in this title of the powers of the unified
23 judicial system is for the avoidance of potential controversy
24 and the convenient codification of the powers of the system from
25 whatever source derived and shall not be construed as a
26 determination by the General Assembly that any of such powers
27 are or are not inherent in the [Supreme Court] Judicial Council
28 or the other agencies and units of the system under the
29 Constitution of Pennsylvania or otherwise.
30 § 301. Unified judicial system.
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1 The judicial power of the Commonwealth shall be vested in a
2 unified judicial system consisting of the:
3 (1) Judicial Council.
4 [(1)] (2) Supreme Court.
5 [(2)] (3) Superior Court.
6 [(3)] (4) Commonwealth Court.
7 [(4)] (5) Courts of common pleas.
8 [(5)] (6) Community courts.
9 [(6)] (7) Philadelphia Municipal Court.
10 [(7)] (8) Pittsburgh Magistrates Court.
11 [(8)] (9) Traffic Court of Philadelphia.
12 [(9)] (10) District justices.
13 All courts and district justices and their jurisdiction shall be
14 in this unified judicial system.
15 § 325. Chief Justice and president judges.
16 * * *
17 (b) Courts of eight or more judges.--The president judges of
18 all courts with eight or more judges shall be selected for five-
19 year terms by the members of their respective courts. In the
20 event of a tie vote for the office of president judge, the
21 [Supreme Court] Judicial Council shall appoint as president
22 judge one of the judges receiving the highest number of votes.
23 * * *
24 Section 3. Chapter 3 of Title 42 is amended by adding a
25 subchapter to read:
26 SUBCHAPTER C
27 JUDICIAL COUNCIL OF PENNSYLVANIA
28 Sec.
29 341. Establishment.
30 342. Powers and duties.
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1 343. Composition.
2 344. Organization and procedure.
3 345. Legislative matters.
4 346. Recommendations to Supreme Court.
5 347. Authority.
6 348. Allocation of administrative powers and duties.
7 349. General administration of unified judicial system.
8 § 341. Establishment.
9 There is hereby established the Judicial Council of
10 Pennsylvania.
11 § 342. Powers and duties.
12 The Judicial Council shall exercise general supervisory and
13 administrative authority over all the courts and district
14 justices.
15 § 343. Composition.
16 (a) General rule.--The Judicial Council shall consist of the
17 following members:
18 (1) The Chief Justice of Pennsylvania, who shall preside
19 as chairman.
20 (2) The Court Administrator of Pennsylvania.
21 (3) A judge of the Superior Court selected by the
22 Superior Court.
23 (4) A judge of the Commonwealth Court selected by the
24 Commonwealth Court.
25 (5) Five judges of the courts of common pleas appointed
26 by the Chief Justice of the Supreme Court from among the
27 judicial districts, one of whom shall be assigned permanently
28 to an orphans court division, and no more than one of whom
29 shall be from the same judicial district.
30 (6) One member appointed by the Chief Justice of the
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1 Supreme Court from among judges of the Philadelphia Municipal
2 Courts and the minor judiciary.
3 (7) Three non-judge members of the bar of the Supreme
4 Court appointed by the Chief Justice of the Supreme Court.
5 (b) Terms and vacancies.--Each member of the Judicial
6 Council who does not hold office ex officio shall hold office
7 for a term of three years and until his successor has been
8 selected or appointed or until his earlier death, resignation,
9 disqualification or removal. The terms of members shall commence
10 on March 1. A vacancy on the Judicial Council shall be filled by
11 the respective selecting or appointing authority for the balance
12 of the term. A member may be selected or reappointed any number
13 of times. A member shall be removed automatically if he shall
14 for any reason become disqualified for original selection or
15 appointment.
16 (c) Compensation.--Members, other than judges and ex officio
17 members, shall be compensated for their services as the Judicial
18 Council shall prescribe. All members shall be reimbursed for
19 expenses necessarily incurred in the discharge of their official
20 duties.
21 (d) Staff.--The Judicial Council shall appoint the Court
22 Administrator of Pennsylvania and may appoint such other
23 officers and employees as may be necessary and proper for the
24 prompt and proper disposition of the business of all courts and
25 district justices.
26 § 344. Organization and procedure.
27 (a) Officers.--The Chief Justice shall be chairman and the
28 Court Administrator of Pennsylvania shall be secretary of the
29 Judicial Council of Pennsylvania. Annually, the Judicial Council
30 shall elect such other officers of the Judicial Council as it
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1 deems necessary, who shall hold office at the pleasure of the
2 Judicial Council. The Court Administrator of Pennsylvania shall
3 be the chief administrative officer of the Judicial Council and
4 shall provide staff assistance for the Judicial Council.
5 (b) Meetings.--The regular meetings of the Judicial Council
6 shall be held at such time as may be specified by the Chief
7 Justice or on the third Monday preceding each regular session of
8 the Supreme Court if no other date is specified by the Chief
9 Justice. Special meetings of the Judicial Council may be called
10 by the Chief Justice or the Court Administrator of Pennsylvania
11 and in such manner as may be provided by the Judicial Council.
12 (c) Quorum.--A majority of the members of the Judicial
13 Council in office shall be a quorum.
14 (d) Proceedings.--Except as otherwise provided by law, the
15 proceedings of the Judicial Council shall be governed by general
16 rule adopted by the Judicial Council.
17 § 345. Legislative matters.
18 (a) General rule.--Either house of the General Assembly may,
19 by resolution, enter any question or matter which could be
20 regulated by statute or which relates to judicial practice or
21 procedure upon the agenda of the Judicial Council, with like
22 effect as if submitted by a member of the Judicial Council.
23 Whenever a question or matter is pending before the Judicial
24 Council under this subsection, the President pro tempore of the
25 Senate may appoint one member of the Senate and the Speaker of
26 the House of Representatives may appoint one member of the House
27 of Representatives who shall receive notice of all the meetings
28 of the Judicial Council at which the question or matter is
29 pending and who shall have the right to attend such meetings and
30 to be heard and to vote upon such question or matter.
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1 (b) Status of legislative members.--Members appointed to the
2 Judicial Council under subsection (a) shall not be counted for
3 quorum purposes under section 344(c) (relating to organization
4 and procedure).
5 § 346. Recommendations to Supreme Court.
6 (a) Orders and rules.--The Judicial Council shall recommend
7 to the Supreme Court such orders and general rules and changes
8 therein within the Judicial Council's constitutional or
9 statutory authority which the Judicial Council finds necessary
10 or desirable for the prompt, fair and efficient administration
11 of justice.
12 (b) Procedure.--The Supreme Court shall adopt or reject, but
13 may not modify, recommended rules or rule changes within 90 days
14 of their submission by the Judicial Council. If rejected, the
15 Supreme Court shall return the recommended rules or rule changes
16 to the council with the court's objections. If the Supreme Court
17 does not adopt or reject recommended rules or rule changes
18 within 90 days of their submission, then the recommended rules
19 or rule changes shall take effect as if adopted by the Supreme
20 Court.
21 (c) Matters generally.--The Judicial Council shall make
22 recommendations to the Supreme Court on any matter referred to
23 it by the court.
24 § 347. Authority.
25 The Judicial Council shall have the following powers and
26 duties:
27 (1) To recommend to the General Assembly changes in the
28 number and boundaries of judicial districts.
29 (2) To recommend to the General Assembly an increase or
30 reduction in the constitutional or statutory complement of
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1 judges of any court.
2 (3) To recommend to the General Assembly changes in the
3 classification of magisterial districts.
4 (4) To recommend to the General Assembly the
5 establishment of salaries, emoluments, retirement benefits,
6 mileage, per diem, travel and other expense allowance within
7 their jurisdiction.
8 (5) To recommend to the General Assembly such other
9 structural changes in the unified judicial system and in
10 offices related to and serving the unified judicial system as
11 it shall find to be necessary or desirable for the prompt,
12 fair and efficient administration of justice.
13 § 348. Allocation of administrative powers and duties.
14 The Judicial Council shall have the power by order in
15 specific cases to define the relative administrative powers,
16 duties and responsibilities of the Court Administrator of
17 Pennsylvania, district court administrators, president judges,
18 administrative judges of divisions and other system and related
19 personnel. The Judicial Council under this section may specify
20 who shall exercise the power of appointment and removal of the
21 several classes of personnel of the system.
22 § 349. General administration of unified judicial system.
23 The Judicial Council shall have the power:
24 (1) To temporarily assign judges and district justices
25 from one court or district to another as it deems
26 appropriate. The Judicial Council shall have no authority to
27 assign judges to the Supreme Court, the Superior Court or the
28 Commonwealth Court.
29 (2) To review the tentative budget requests of the
30 unified judicial system prepared by the Court Administrator
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1 of Pennsylvania, to make such modifications therein as in its
2 judgment are necessary or desirable and to approve a final
3 budget request for the unified judicial system which shall
4 then be forwarded to the Secretary of the Budget and the
5 General Assembly. The Judicial Council shall prepare such
6 budgetary requests in accordance with constitutional
7 provisions and statutes.
8 (3) To fix the extent of the authority of the Court
9 Administrator of Pennsylvania to purchase goods or services
10 for the unified judicial system from funds appropriated to
11 the unified judicial system, including the rental of space
12 and requests for the construction or modification of
13 Commonwealth facilities to be utilized by the unified
14 judicial system.
15 (4) To fix the extent of the authority of the Court
16 Administrator of Pennsylvania to approve or disapprove
17 requests for the purchase of goods or services by other
18 personnel of the system from funds appropriated to the
19 unified judicial system, including the rental of space and
20 requests for the construction or modification of Commonwealth
21 facilities to be utilized by the unified judicial system.
22 (5) To approve or disapprove requests of the type
23 specified in paragraphs (3) and (4) which exceed the
24 authority delegated to the Court Administrator of
25 Pennsylvania.
26 (6) To approve or disapprove transfers of unexpended
27 funds from the purpose for which they were originally
28 budgeted to any other lawful purpose of the unified judicial
29 system.
30 (7) To exercise on behalf of the unified judicial system
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1 such powers which may by law or Constitution be vested in the
2 Judicial Council or other entities of the unified judicial
3 system to fix filing fees for the commencement of any matter
4 before any court or district justice, fees which unified
5 judicial system and related personnel shall be entitled to
6 collect for services performed, fees and expenses to be
7 received by jurors and witnesses and standards governing the
8 imposition and taxation of costs, including the specification
9 of the items which shall constitute taxable costs and the
10 disbursement of costs.
11 Section 4. Sections 503(a), 1701, 1702, 1703, 1721, 1722,
12 1901, 1903 and 3701 of Title 42 are amended to read:
13 § 503. Reassignment of matters.
14 (a) General rule.--The [Supreme Court] Judicial Council may
15 by general rule provide for the assignment and reassignment of
16 classes of matters among the several courts of this Commonwealth
17 and the district justices as the needs of justice shall require.
18 [and all laws shall be suspended to the extent that they are
19 inconsistent with such general rules.]
20 * * *
21 § 1701. General supervisory and administrative authority of
22 [the Supreme Court] Judicial Council.
23 The [Supreme Court] Judicial Council shall exercise general
24 supervisory and administrative authority over the unified
25 judicial system and in aid thereof shall have the powers
26 specified in Subchapter B (relating to specific powers of the
27 governing authority of the system).
28 § 1702. Rule making procedures.
29 (a) General rule.--Subject to the provisions of subsection
30 (b), the [Supreme Court] Judicial Council and all agencies or
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1 units of the unified judicial system when exercising the power
2 to adopt general rules or other orders in the nature of
3 regulations [pursuant to the authority of the Supreme Court
4 under section 1721 (relating to delegation of powers)] shall be
5 an agency within the meaning of the act of July 31, 1968
6 (P.L.769, No.240), known as the ["]Commonwealth Documents
7 Law,["] and shall be subject to all of the provisions of such
8 act except section 205 (relating to approval as to legality).
9 All such general rules and orders shall be published pursuant to
10 Part II of Title 45 (relating to publication and effectiveness
11 of Commonwealth [Documents] documents).
12 (b) Scope.--The provisions of subsection (a) shall apply
13 only to a rule or order adopted pursuant to the following
14 provisions of this title or which is otherwise based in whole or
15 in part upon authority conferred by any provision of this title
16 or by other statutory authority:
17 Section 503 (relating to reassignment of matters).
18 Section 1722(b) (relating to enforcement and effect of
19 orders and process).
20 Section 1722(c) (relating to time limitations).
21 Section 1725 (relating to establishment of fees and
22 charges).
23 Section 1726 (relating to establishment of taxable
24 costs).
25 Section 1728 (relating to recognition of related
26 organizations).
27 The provisions of subsection (a) shall also apply to other rules
28 and orders to the extent prescribed by general rule.
29 § 1703. Meeting procedures.
30 The [Supreme Court] Judicial Council and all other agencies
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1 and units of the unified judicial system when exercising the
2 powers to recommend or adopt general rules or other orders in
3 the nature of regulations shall be an agency within the meaning
4 of the act of July 19, 1974 (P.L.486, No.175), referred to as
5 the Public Agency Open Meeting Law.
6 § 1721. Delegation of powers.
7 (a) General rule.--The [Supreme Court] Judicial Council may
8 from time to time delegate to any agency or unit of the unified
9 judicial system such of the supervisory and administrative
10 powers of the [court] Judicial Council, including the powers
11 specified in this subchapter, as may be specified by general
12 rule.
13 (b) Exception.--Any power based in whole or in part upon
14 authority conferred by any provision of this title or other
15 statutory authority shall not be delegated by the [Supreme
16 Court] Judicial Council to any agency or unit other than:
17 (1) A Statewide council which meets the requirements of
18 section 3529(d) (relating to definition).
19 (2) The Court Administrator of Pennsylvania.
20 (3) Any other government unit within the system created
21 by the Constitution of Pennsylvania or by statute. A body
22 created pursuant to section 1730 (relating to boards,
23 councils, commissions and committees), other than the council
24 specified by paragraph (1), shall not be deemed to be created
25 by statute for the purposes of this paragraph.
26 (4) The Judicial Council shall not delegate any of its
27 authority to the Supreme Court.
28 § 1722. Adoption of administrative and procedural rules.
29 (a) General rule.--The governing authority shall have the
30 power to prescribe and modify general rules governing:
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1 (1) Practice, procedure and the conduct of all courts,
2 district justices and all officers serving process or
3 enforcing orders of any court or district justice and for
4 admission to the bar and to practice law, and the
5 administration of all courts and the supervision of all
6 officers of the judicial branch, if such rules are consistent
7 with the Constitution of Pennsylvania and neither abridge,
8 enlarge nor modify the substantive rights of any litigant,
9 nor affect the right of the General Assembly to determine the
10 jurisdiction of any court or district justice, nor suspend
11 nor alter any statute of limitation or repose. [All statutes
12 shall be suspended to the extent that they are inconsistent
13 with rules prescribed under this paragraph.]
14 (2) The prescription of canons of ethics applicable to
15 judges and district justices and the prescription of rules or
16 canons applicable to the activities of all other personnel of
17 the system.
18 (3) Procedure under section 18 of Article V of the
19 Constitution of Pennsylvania.
20 (4) Procedure under section 18 of Article V of the
21 Constitution of Pennsylvania for the suspension, removal,
22 discipline and compulsory retirement of district justices.
23 (5) Any matter which is specifically authorized by
24 statute to be governed by general rules.
25 [A governing authority other than the Supreme Court shall not
26 have power to prescribe general rules for assignment or
27 reassignment of classes of matters among the several courts and
28 district justices under section 503 (relating to reassignment of
29 matters) or otherwise.]
30 (b) Enforcement and effect of orders and process.--To the
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1 extent, if any, that such powers shall not be conferred by the
2 provisions of subsection (a)(1) and (5), the governing authority
3 shall have power to prescribe and modify general rules,
4 consistent with this title and any other applicable unrepealed
5 statute, governing:
6 (1) The effect of judgments and other orders of, and the
7 right to and effect of attachments and other process issuing
8 out of, a tribunal, and the manner of the enforcement of any
9 thereof, including the time during which and the property
10 with respect to which they shall be a lien, the relative
11 priority of liens and other claims, stays of execution which
12 may or shall be granted, satisfaction of judgments and
13 dissolution of attachments, and all other matters relating to
14 judgments and other orders and attachments and other process
15 which have been regulated heretofore by statute.
16 (2) The powers and duties of system and related
17 personnel serving process or enforcing orders, insofar as
18 such powers and duties relate to the custody of and the
19 judicial sale or other disposition of property of judgment
20 debtors and other property within the jurisdiction of a
21 tribunal. Any such system or related personnel who shall
22 comply with the provisions of such rules shall be free from
23 all liability to any person with respect to action in
24 pursuance of such rules.
25 A statute shall be repealed for the purposes of this subsection
26 only if it has been expressly repealed absolutely or insofar as
27 inconsistent with general rules prescribed pursuant to this
28 subsection.
29 (c) Time limitations.--The governing authority shall have
30 power to prescribe and modify general rules:
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1 (1) On any subject covered by Subchapter D of Chapter 55
2 (relating to appeals).
3 (2) Specifying the time within which a matter must be
4 commenced under section 708 (relating to improvident
5 administrative appeals and other matters) or otherwise
6 objecting to a determination of a government unit.
7 The provisions of Chapter 55 (relating to limitation of time)
8 and all other statutes shall be suspended to the extent that
9 they are inconsistent with rules prescribed under this
10 subsection. The intention of this subsection is to authorize the
11 governing authority to develop and maintain uniformity in time
12 periods within the scope of this subsection by eliminating
13 statutory time limitations which are inconsistent with the
14 general pattern of similar time limitations then in effect.
15 § 1901. Court Administrator of Pennsylvania.
16 The [Supreme Court] Judicial Council shall appoint and may
17 remove a Court Administrator of Pennsylvania.
18 § 1903. Staff.
19 The [Supreme Court] Judicial Council may appoint such
20 subordinate administrators and staff as may be necessary and
21 proper for the prompt and proper disposition of the business of
22 all courts and district justices.
23 § 3701. Pennsylvania Judicial Center [(Reserved)].
24 (a) General rule.--There shall be maintained by the
25 administrative officer acting through the Department of General
26 Services at the seat of government a facility known as the
27 Pennsylvania Judicial Center, which shall be part of the
28 facilities of the Commonwealth government. The facility shall
29 provide accommodations and supporting facilities and services
30 for the following functions, agencies and units of or related to
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1 the unified judicial system:
2 (1) The Judicial Council.
3 (2) One or more courtrooms for the holding of sessions
4 of the appellate courts, including related conference and
5 other facilities.
6 (3) Chamber facilities for justices and judges of the
7 appellate courts and their personal staff.
8 (4) The administrative staff of the appellate courts.
9 (5) The Court Administrator of Pennsylvania and staff.
10 (6) A law library.
11 (7) The offices of those agencies vested with the
12 authority to investigate and discipline judges, justices and
13 district justices.
14 (8) The office of the Minor Judiciary Education Board.
15 (9) The Pennsylvania Commission on Sentencing.
16 (10) The office of the agency vested with the power to
17 admit or recommend the admission or persons to the bar and
18 the practice of law.
19 (11) The office of the agency vested with the power of
20 discipline or the power to recommend the discipline of
21 attorneys at law.
22 (12) The offices of related organizations, except the
23 recognized conference or association of members of the bar of
24 this Commonwealth, recognized under section 1728 (relating to
25 recognition of related organizations).
26 (13) The office of the Pennsylvania Client Security Fund
27 Board.
28 (14) Such other functions, agencies and units of or
29 related to the unified judicial system as may be designated
30 by the governing authority and be approved by the General
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1 Assembly by law.
2 (b) Location.--The facilities of the Pennsylvania Judicial
3 Center shall be located at a common site at the seat of
4 government in Harrisburg.
5 Section 5. All acts and parts of acts are repealed insofar
6 as they are inconsistent with this act.
7 Section 6. This act shall take effect upon the date of
8 publication in the Pennsylvania Bulletin of certification by the
9 Secretary of the Commonwealth that a constitutional amendment
10 has been adopted relating to the establishment of the Judicial
11 Council of Pennsylvania.
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