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House Co-Sponsorship Memoranda
House of Representatives
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | December 21, 2022 10:07 AM |
|---|---|
| From: | Representative Dawn W. Keefer |
| To: | All House members |
| Subject: | Constitutional Amendment to Curtail Judicial Rulemaking Authority |
| When the House returns to session, I will introduce a joint resolution to amend Article V, Section 10(c) of the Pennsylvania Constitution to limit the rule making authority of the Pennsylvania Supreme Court. This section of the Constitution provides: The Supreme Court shall have the power to prescribe general rules governing practice, procedure and the conduct of all courts, justices of the peace and all officers serving process or enforcing orders, judgments or decrees of any court or justice of the peace, including the power to provide for assignment and reassignment of classes of actions or classes of appeals among the several courts as the needs of justice shall require, and for admission to the bar and to practice law, and the administration of all courts and supervision of all officers of the Judicial Branch, if such rules are consistent with this Constitution and neither abridge, enlarge nor modify the substantive rights of any litigant, nor affect the right of the General Assembly to determine the jurisdiction of any court or justice of the peace, nor suspend nor alter any statute of limitation or repose. All laws shall be suspended to the extent that they are inconsistent with rules prescribed under these provisions. This language, added during the 1967-68 Constitutional Convention, effectively puts the Supreme Court and its interests ahead of the interests of the People of Pennsylvania by allowing a simple majority of the Court to suspend any law that it believes runs afoul of this overly broad grant of authority. My legislation would continue to allow the Supreme Court to promulgate rules of procedure and regulate the practice of law. However, such rules must be consistent with the will of the People of Pennsylvania acting through their duly elected representatives in the House and the Senate. In simple terms – the power to make law, whether is substantive or procedural, would ultimately reside with the legislature. I urge you to add your name to the list of cosponsors to this joint resolution to amend our constitution. If you have any questions or concerns, please contact my office at (717) 783-8783. |
Introduced as HB1124
Memo Updated: December 21, 2022 10:09 AM