THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY EACHUS, BOBACK, CARROLL, MUNDY, PASHINSKI, WANSACZ, YUDICHAK, BRIGGS, MURPHY, CUTLER, McGEEHAN, DERMODY, BROWN, CALTAGIRONE, KIRKLAND, SCHRODER, MANN, GODSHALL, KULA, JOSEPHS, MAHONEY, BRADFORD, DEASY AND K. SMITH, JUNE 24, 2010

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 24, 2010  

A CONCURRENT RESOLUTION

Establishing the Judicial Reform Task Force to make

recommendations for amending the Constitution of

Pennsylvania.

WHEREAS, The act of August 7, 2009 (P.L.143, No.32), known as

the Interbranch Commission on Juvenile Justice Act, established

the Interbranch Commission on Juvenile Justice to, inter alia,

restore public confidence in the administration of juvenile

justice in this Commonwealth; and

WHEREAS, The Interbranch Commission on Juvenile Justice Act

authorized the Interbranch Commission to conduct a noncriminal

investigation into events that occurred in Luzerne County

involving the administration of juvenile justice, make

recommendations intended to prevent similar events from

occurring in the future and issue a final report of its

activities by May 31, 2010; and

WHEREAS, At a public meeting held on May 27, 2010, the

Interbranch Commission adopted its final report; and

WHEREAS, The Interbranch Commission's final report includes

recommendations intended to restore public confidence in the

administration of juvenile justice in this Commonwealth and to

ensure the events that transpired in Luzerne County do not occur

in the future; and

WHEREAS, The Constitution of Pennsylvania created the

Judicial Conduct Board as an independent board within the

Judicial Branch of State government charged with receiving and

investigating complaints regarding judicial conduct made by

individuals or initiated by the board; and

WHEREAS, The Interbranch Commission's final report concludes

that the Judicial Conduct Board lacks sufficient oversight to

ensure that it is fulfilling its constitutional obligations; and 

WHEREAS, The Interbranch Commission's final report further

concludes that the existing confidentiality requirements in the

Constitution of Pennsylvania relating to the work of the

Judicial Conduct Board prohibit any meaningful oversight and

accountability; and

WHEREAS, The Interbranch Commission's final report recommends

the creation of a task force to conduct a constitutional review

and study to determine what changes are necessary to ensure the

oversight and accountability of the Judicial Conduct Board;

therefore be it

RESOLVED (the Senate concurring), That the General Assembly

establish the Judicial Reform Task Force; and be it further

RESOLVED, That the task force shall consist of the following

members:

(1)  Four members of the judiciary appointed by the Chief

Justice of the Pennsylvania Supreme Court.

(2)  Four members knowledgeable and experienced in

matters of the law who are not members of the General

Assembly. One member shall be appointed by each of the

following:

(i)  The President pro tempore of the Senate.

(ii)  The Minority Leader of the Senate.

(iii)  The Speaker of the House of Representatives.

(iv)  The Minority Leader of the House of

Representatives.

(3)  Three members appointed by the Governor, each of

whom shall be knowledgeable and experienced in at least one

of the following areas:

(i)  Ethics.

(ii)  Administrative law and procedure.

(iii)  Human resources or employment law.

(iv)  Criminal investigations;

and be it further

RESOLVED, That the members of the task force shall select a

chairperson and a vice chairperson from among them; and be it

further

RESOLVED, That the Administrative Office of Pennsylvania

Courts shall provide administrative services to the task force

and that all other agencies of the judicial, executive and

legislative branches of State government shall cooperate with

the task force upon its request for additional administrative

help and expertise; and be it further

RESOLVED, That the task force shall conduct a constitutional

review and study to determine what changes are necessary to

ensure the oversight and accountability of the Judicial Conduct

Board as recommended by the Interbranch Commission's final

report, including the following areas:

(1)  The appointment process for board members and the

general board composition.

(2)  The powers and duties of the board.

(3)  The general rules governing the conduct of the

members of the board, whether they are sufficient in the

discharge of the members' constitutional mandate and if they

are being implemented.

(4)  The creation of an appellate mechanism to the Court

of Judicial Discipline for review of a decision by the board

to dismiss a complaint.

(5)  Revisions to the confidentiality and accountability

provisions of the Constitution of Pennsylvania as they relate

to the board's constitutional obligations.

(6)  The creation of an outside administrator and record

keeper for the board;

and be it further

RESOLVED, That the task force shall meet at least once a

month and that the first meeting shall be convened within 45

days following the approval of this concurrent resolution by the

Governor; and be it further

RESOLVED, That the physical presence of six members shall

constitute a quorum of the task force and action of the task

force shall be authorized or ratified by a majority vote of

members of the task force; and be it further

RESOLVED, That a member of the task force not physically

present may participate by teleconference or video conference;

and be it further

RESOLVED, That the members of the task force shall not

receive compensation but shall be reimbursed for expenses

incurred in service of the task force; and be it further

RESOLVED, That the task force shall hold public hearings as

necessary to obtain the information required to conduct its

review and study as provided in this concurrent resolution; and

be it further

RESOLVED, That the task force shall have the power to issue

subpoenas under the hand and seal of its chairperson commanding

any person to appear before it and to answer questions

concerning matters properly being reviewed by the task force,

and to produce any books, papers, records, documents and data

and information produced and stored by an electronic data

processing system as the task force deems necessary. The

subpoenas may be served upon any person and shall have the force

and effect of subpoenas issued out of the courts of this

Commonwealth. A person who willfully neglects or refuses to

testify before the task force or to produce any books, papers,

records, documents, data or information shall be subject to the

penalties provided by the laws of this Commonwealth. The

chairperson of the task force shall have the power to administer

oaths and affirmations to witnesses appearing before the task

force. The task force may also cause the deposition of witnesses

residing within or without this Commonwealth to be taken in the

manner prescribed by law for taking depositions in civil

actions; and be it further

RESOLVED, That the task force shall issue a final report

containing its recommendations to the appointing authorities

within ten months following the approval by the Governor of this

concurrent resolution. The report shall be adopted at a public

meeting and accessible to the public; and be it further

RESOLVED, That the task force shall file interim monthly

status reports and updates with the appointing authorities; and

be it further

RESOLVED, That the appointing authorities agree to have each

of their respective institutions share in the cost of operation

of the task force; and be it further

RESOLVED, That this concurrent resolution be presented to the

Governor for his signature and to the Chief Justice of the

Pennsylvania Supreme Court immediately upon being signed.