1Proposing integrated amendments to the Constitution of the
2Commonwealth of Pennsylvania, changing and adding provisions
3relating to selection of justices and judges.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby resolves as follows:

6Section 1. The following integrated amendments to the
7Constitution of Pennsylvania are proposed in accordance with
8Article XI:

9(1) That section 8(b) of Article IV be amended to read:

10§ 8. Appointing power.

11* * *

12(b) [The] Except as provided in Article V, the Governor
13shall fill vacancies in offices to which he appoints by
14nominating to the Senate a proper person to fill the vacancy
15within 90 days of the first day of the vacancy and not
16thereafter. The Senate shall act on each executive nomination
17within 25 legislative days of its submission. If the Senate has
18not voted upon a nomination within 15 legislative days following
19such submission, any five members of the Senate may, in writing,

1request the presiding officer of the Senate to place the
2nomination before the entire Senate body whereby the nomination
3must be voted upon prior to the expiration of five legislative
4days or 25 legislative days following submission by the
5Governor, whichever occurs first. If the nomination is made
6during a recess or after adjournment sine die, the Senate shall
7act upon it within 25 legislative days after its return or
8reconvening. If the Senate for any reason fails to act upon a
9nomination submitted to it within the required 25 legislative
10days, the nominee shall take office as if the appointment had
11been consented to by the Senate. [The] Except as provided in 
12Article V, the Governor shall in a similar manner fill vacancies
13in the offices of Auditor General, State Treasurer, [justice,
14judge, justice of the peace] judge, magisterial district judge
15and in any other elective office he is authorized to fill. In
16the case of a vacancy in an elective office, a person shall be
17elected to the office on the next election day appropriate to
18the office unless the first day of the vacancy is within two
19calendar months immediately preceding the election day in which
20case the election shall be held on the second succeeding
21election day appropriate to the office.

22* * *

23(2) That section 13 of Article V be amended to read:

24§ 13. [Election of justices,] Selection of justices, judges and
25[justices of the peace] magisterial district judges;
26vacancies.

27(a) [Justices, judges] Judges, other than judges of the 
28Superior Court and the Commonwealth Court, and [justices of the
29peace] magisterial district judges shall be elected at the
30municipal election next preceding the commencement of their

1respective terms of office by the electors of the [Commonwealth
2or the] respective districts in which they are to serve.

3(b) A vacancy in the office of [justice, judge or justice of
4the peace] judge, other than judge of the Superior Court and the 
5Commonwealth Court, or magisterial district judge shall be
6filled by appointment by the Governor. The appointment shall be
7with the advice and consent of two-thirds of the members elected
8to the Senate, except in the case of [justices of the peace]
9magisterial district judges which shall be by a majority. The
10person so appointed shall serve for a term ending on the first
11Monday of January following the next municipal election more
12than ten months after the vacancy occurs or for the remainder of
13the unexpired term whichever is less.[, except in the case of
14persons selected as additional judges to the Superior Court,
15where the General Assembly may stagger and fix the length of the
16initial terms of such additional judges by reference to any of
17the first, second and third municipal elections more than ten
18months after the additional judges are selected.] The manner by
19which any additional judges are selected shall be provided by
20this section for the filling of vacancies in judicial offices.

21(b.1) The Governor shall appoint each justice of the Supreme
22Court and judge of the Superior Court and the Commonwealth Court
23to the initial term of that justice or judge. The Governor shall
24nominate to the Senate individuals for appointment exclusively
25from the list of individuals recommended for appointment by the
26Appellate Court Nominating Commission described under section
2714(a), and the appointment shall be with the advice and consent
28of a majority of the members elected to the Senate. Within 30
29days after receiving a list of recommendations from the
30commission, the Governor shall nominate to the Senate one person

1from the list to fill the vacancy for which the list was
2submitted. The Senate shall act on each nomination of a justice
3of the Supreme Court or judge of the Superior Court and the
4Commonwealth Court within 15 legislative days after receiving
5the nomination from the Governor and shall notify the Governor
6of the action it took within 24 hours of taking it. If the
7nomination is made during a recess or after adjournment sine
8die, the Senate shall act upon it within 15 legislative days
9after its return or reconvening and notify the Governor as
10provided in this subsection. If the Senate for any reason fails
11to act upon a nomination submitted to it within the required
12number of days after submission by the Governor, the nominee
13shall take office as if the appointment had been consented to by
14the Senate. The Governor shall make a substitute nomination from
15the commission's list within 30 days after receiving
16notification from the Senate of the rejection of a prior
17nominee, and the Senate shall act upon the nomination in the
18manner prescribed in this subsection. If the Senate rejects a
19total of three nominations made for a specific vacancy, the
20commission shall appoint any other person on the list and the
21appointee shall take office upon notification of the appointment
22by the commission and neither the Governor nor the Senate shall
23participate further in the appointment process for that vacancy.

24(b.2) A vacancy in the office of justice of the Supreme
25Court or judge of the Superior Court or the Commonwealth Court
26shall be filled by the procedure provided in section 13(b.1).
27Additional judges to the Superior Court and the Commonwealth
28Court shall be selected as provided in section 13(b.1).

29(c) The provisions of section 13(b) and (b.2) shall not
30apply [either] in the case of a vacancy to be filled by

1retention election as provided in section 15(b)[, or]. Section 
213(b) shall not apply in the case of a vacancy created by
3failure of a [justice or] judge to file a declaration for
4retention election as provided in section 15(b). In the case of
5a vacancy occurring at the expiration of an appointive term
6under section 13(b), the vacancy shall be filled by election as
7provided in section 13(a).

8[(d) At the primary election in 1969, the electors of the
9Commonwealth may elect to have the justices and judges of the
10Supreme, Superior, Commonwealth and all other statewide courts
11appointed by the Governor from a list of persons qualified for
12the offices submitted to him by the Judicial Qualifications
13Commission. If a majority vote of those voting on the question
14is in favor of this method of appointment, then whenever any
15vacancy occurs thereafter for any reason in such court, the
16Governor shall fill the vacancy by appointment in the manner
17prescribed in this subsection. Such appointment shall not
18require the consent of the Senate.]

19(e) Each justice or judge of the Superior Court or the 
20Commonwealth Court appointed by the Governor under section
21[13(d)] 13(b.1) or (b.2) shall hold office for an initial term
22ending the first Monday of January following the next municipal
23election more than [24] 48 months following the appointment.

24(3) That section 14 of Article V be amended to read:

25§ 14. [Judicial Qualifications] Appellate Court Nominating 
26Commission.

27[(a) Should the method of judicial selection be adopted as
28provided in section 13 (d), there shall be a Judicial
29Qualifications Commission, composed of four non-lawyer electors
30appointed by the Governor and three non-judge members of the bar

1of the Supreme Court appointed by the Supreme Court. No more
2than four members shall be of the same political party. The
3members of the commission shall serve for terms of seven years,
4with one member being selected each year. The commission shall
5consider all names submitted to it and recommend to the Governor
6not fewer than ten nor more than 20 of those qualified for each
7vacancy to be filled.

8(b) During his term, no member shall hold a public office or
9public appointment for which he receives compensation, nor shall
10he hold office in a political party or political organization.

11(c) A vacancy on the commission shall be filled by the
12appointing authority for the balance of the term.]

13(a) There shall be established an independent commission
14within the Executive Department known as the Appellate Court
15Nominating Commission. The commission shall consist of 15
16Pennsylvania residents who are 18 years of age or older. Seven
17members shall be public members, who shall be selected as
18provided by law. Four members shall be appointed by the Governor
19and four members shall be appointed by the General Assembly. The
20members appointed by the General Assembly must be attorneys and
21shall be appointed as follows: one each shall be appointed by
22the President pro tempore of the Senate, the Minority Leader of
23the Senate, the Speaker of the House of Representatives and the
24Minority Leader of the House of Representatives.

25(b) The General Assembly shall provide for the nomination of
26public members by groups located in Pennsylvania and shall
27further provide for the selection of public members from
28individuals nominated by those groups. No one holding elective
29or appointive public office or designees or appointees of anyone
30holding elective or appointive public office shall participate

1in the nomination or appointment of public members, provided
2that the Secretary of the Commonwealth may be designated to
3facilitate the process of nomination and appointment of public
4members. Each of the members appointed by the General Assembly
5shall be members of the bar of the Supreme Court who are not
6justices, judges or magisterial district judges. The members
7appointed under this subsection shall be residents of at least
8four different counties at the time of appointment and during
9their terms. If a member becomes a resident of a county of that
10of another member appointed by the General Assembly, the member
11shall forfeit his or her membership and the General Assembly
12shall appoint another member under this subsection.

13(c) Two of the members appointed by the Governor shall be
14lawyers who are licensed to practice law by the Supreme Court
15and who are not justices, judges or magisterial district judges.
16The other two members appointed by the Governor shall not be
17attorneys licensed to practice law by the Supreme Court and
18shall not be justices, judges or magisterial district judges.
19The members appointed by the Governor shall be residents of at
20least four different counties. No more than two of the members
21appointed by the Governor shall be registered in the same
22political party.

23(d) Each member of the commission shall have been a resident
24of this Commonwealth for one year prior to that member's
25appointment and shall reside in this Commonwealth during that
26member's term. In making appointments to the commission, each
27nominating or appointing authority shall take into consideration
28that the commission should include men and women as well as
29individuals from the civic, labor and business communities and
30individuals who come from racially and ethnically diverse

1backgrounds and who reflect the geographic diversity of this
2Commonwealth.

3(e) Each member shall be appointed for a four-year term,
4except that the initial appointments shall have staggered terms
5as provided by law. Each member shall serve only until the end
6of that member's term. A member who has served a full term shall
7not be permitted to serve on the commission during the next
8succeeding term. An appointment of two years or less, whether by
9initial appointment or by appointment to fill an unexpired term,
10shall not be deemed a full term. A vacancy shall be filled for
11the remainder of the term to which the member was appointed in
12the same manner as the vacating member was appointed, except
13that the General Assembly may provide for a different manner for
14filling the vacancy of a public member.

15(f) No member, during the member's term, shall hold office
16in any political party or political organization or hold elected
17or appointed public office, compensated or uncompensated, except
18that members may serve as part-time solicitors to units of local
19government. Neither any employee of the unified judicial system
20nor any lobbyist shall be eligible for appointment to the
21commission. Members shall not be compensated for their services
22as members of the commission, but shall be reimbursed for
23expenses necessarily incurred in the discharge of their official
24duties in accordance with Commonwealth policy in effect for the
25Executive Department. Members of the General Assembly shall not
26be eligible for appointment to the commission for a period of
27one year following their service in the General Assembly.
28Members of the judiciary shall not be eligible for appointment
29to the commission for a period of one year following their
30service on the judiciary. Governors and Lieutenant Governors

1shall not be eligible for appointment to the commission for a
2period of one year following their service as Governor or
3Lieutenant Governor.

4(g) The General Assembly may provide for additional
5qualifications of members of the commission, not inconsistent
6with this article, as it deems appropriate in furthering the
7purposes of this article.

8(h) The General Assembly shall provide for the manner of
9operation of the commission, except that the commission shall
10establish its own rules of procedure and shall be given
11authority to operate independently consistent with the
12provisions of this article.

13(i) Whenever a vacancy occurs in the office of justice of
14the Supreme Court or judge of the Superior Court or the
15Commonwealth Court, the commission shall publicly announce the
16vacancy and solicit applications. When it is known that a
17vacancy on the Supreme Court, the Superior Court or the
18Commonwealth Court will occur in the future on a date certain,
19the selection process shall begin no later than 90 days prior to
20that date. From the applications received, the commission shall
21agree, by the affirmative votes from at least eight of the
22members, on a list of five individuals most qualified to hold
23the office and shall submit the list to the Governor. Only one
24list may be supplied by the commission for each vacancy. In
25making their selection, the members shall consider each
26applicant's qualifications and each person whose name is
27submitted to the Governor shall:

28(1) be a licensed member of the bar of the Supreme Court in
29good standing;

30(2) for an aggregate of at least ten years preceding the

1person's selection, have either practiced law, served as judge
2of a court or courts of record in this Commonwealth, served as a
3judge of a Federal court or been engaged in a law-related
4occupation; and

5(3) have demonstrated integrity, judicial temperament,
6professional competence and experience and commitment to the
7community.

8The commission shall consider that each of the appellate courts
9should include both men and women who come from racially and
10ethnically diverse backgrounds and who reflect the geographic
11diversity of this Commonwealth.

12(j) The General Assembly may provide for other procedural
13provisions relating to the nomination of justices and judges,
14not inconsistent with this article, as it may deem necessary to
15carry out the purposes of this article.

16(k) The commission shall be provided with staff and its
17budget administered as provided by law. The budget request for
18the commission shall be made by the Governor as a separate item
19in the Governor's budget submitted pursuant to section 12(a) of
20Article VIII.

21(4) That section 15 of Article V be amended to read:

22§ 15. Tenure of justices, judges and [justices of the peace]
23magisterial district judges.

24(a) [The] Except as provided in section 13(e), the regular
25term of office of justices and judges shall be ten years and the
26regular term of office for judges of the municipal court and
27traffic court in the City of Philadelphia and of [justices of
28the peace] magisterial district judges shall be six years. The
29tenure of any justice or judge shall not be affected by changes
30in judicial districts or by reduction in the number of judges.

1(b) A justice or judge [elected under section 13(a),] of the 
2Superior Court or the Commonwealth Court appointed under section
3[13(d)] 13(b.1) or (b.2) or retained under this section 15(b) or 
4a judge elected under section 13(a) or retained under this 
5section 15(b) may file a declaration of candidacy for retention
6election with the officer of the Commonwealth who under law
7shall have supervision over elections on or before the first
8Monday of January of the year preceding the year in which [his]
9the term of office of the justice or judge expires. If no
10declaration is filed, a vacancy shall exist upon the expiration
11of the term of office of such justice or judge, to be filled by
12[election under section 13(a) or by appointment under section
1313(d) if applicable] appointment under section 13(b.1) or by 
14election under section 13(a). If a justice or judge files a
15declaration, [his name] the name of the justice or judge shall
16be submitted to the electors without party designation, on a
17separate judicial ballot or in a separate column on voting
18machines, at the municipal election immediately preceding the
19expiration of the term of office of the justice or judge, to
20determine only the question whether [he] the justice or judge
21shall be retained in office. If a majority is against retention,
22a vacancy shall exist upon the expiration of [his] the term of
23office of that justice or judge, to be filled by appointment
24under section 13(b) or [under section 13(d) if applicable]
25(b.2). If a majority favors retention, the justice or judge
26shall serve for the regular term of office provided herein,
27unless sooner removed or retired. At the expiration of each term
28a justice or judge shall be eligible for retention as provided
29herein, subject only to the retirement provisions of this
30article.

1(c) The provisions of section 15(b) shall not apply to
2magisterial district justices.

3Section 2. (a) Upon the first passage by the General
4Assembly of these proposed constitutional amendments, the
5Secretary of the Commonwealth shall proceed immediately to
6comply with the advertising requirements of section 1 of Article
7XI of the Constitution of Pennsylvania and shall transmit the
8required advertisements to two newspapers in every county in
9which such newspapers are published in sufficient time after
10passage of these proposed constitutional amendments.

11(b) Upon the second passage by the General Assembly of these
12proposed constitutional amendments, the Secretary of the
13Commonwealth shall proceed immediately to comply with the
14advertising requirements of section 1 of Article XI of the
15Constitution of Pennsylvania and shall transmit the required
16advertisements to two newspapers in every county in which such
17newspapers are published in sufficient time after passage of
18these proposed constitutional amendments. The Secretary of the
19Commonwealth shall submit the proposed constitutional amendments
20under section 1 to the qualified electors of this Commonwealth
21as a single ballot question at the first primary, general or
22municipal election which meets the requirements of and is in
23conformance with section 1 of Article XI of the Constitution of
24Pennsylvania and which occurs at least three months after the
25proposed constitutional amendments are passed by the General
26Assembly.