PRIOR PASSAGE - NONE PRINTER'S NO. 1439
No. 1226 Session of 2005
INTRODUCED BY BAKER, BROWNE, CAUSER, REICHLEY, ARMSTRONG, BARRAR, BASTIAN, CALTAGIRONE, CAPPELLI, DALLY, FRANKEL, HARRIS, HERSHEY, JAMES, LEACH, LEDERER, S. MILLER, RUBLEY, SCAVELLO, SEMMEL, WATERS AND DENLINGER, MARCH 30, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 30, 2005
A JOINT RESOLUTION 1 Proposing integrated amendments to the Constitution of the 2 Commonwealth of Pennsylvania, providing for hearing and 3 deciding cases involving dissolution of marriage, custody, 4 child support, spousal support, alimony, equitable division 5 of marital property and related family law matters. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby resolves as follows: 8 Section 1. The following integrated amendments to the 9 Constitution of Pennsylvania are proposed as a unified ballot 10 question in accordance with Article XI: 11 That sections 5, 10(c) and 18(a)(7), (8) and (9), (b)(5), 12 (c)(1), (3) and (4) and (d) introductory paragraph and (1), (2) 13 and (3) of Article V be amended to read: 14 § 5. Courts of common pleas. 15 There shall be one court of common pleas for each judicial 16 district (a) having such divisions and consisting of such number 17 of judges as shall be provided by law, one of whom shall be the 18 president judge; and
1 (b) having unlimited original jurisdiction in all cases 2 except as may otherwise be provided by law[.]; and 3 (c) having a procedure for the disposition of cases 4 involving dissolution of marriage, custody, child support, 5 spousal support, alimony, alimony pendente lite, equitable 6 division of marital property and related family law matters as 7 provided by statute; and 8 (d) having a family resource center as provided by statute; 9 and 10 (e) having educational requirements for judges and family 11 law masters and mediators as provided by statute. 12 § 10. Judicial administration. 13 * * * 14 (c) The Supreme Court shall have the power to prescribe 15 general rules governing practice, procedure and the conduct of 16 all courts, justices of the peace and all officers serving 17 process or enforcing orders, judgments or decrees of any court 18 or justice of the peace, including the power to provide for 19 assignment and reassignment of classes of actions or classes of 20 appeals among the several courts as the needs of justice shall 21 require, and for admission to the bar and to practice law, and 22 the administration of all courts and supervision of all officers 23 of the Judicial Branch, if such rules are consistent with this 24 Constitution and neither abridge, enlarge nor modify the 25 substantive rights of any litigant, nor affect the right of the 26 General Assembly to determine the jurisdiction of any court or 27 justice of the peace, nor suspend nor alter any statute of 28 limitation or repose. [All] Except for statutes enacted pursuant 29 to section 5 of this article, all laws shall be suspended to the 30 extent that they are inconsistent with rules prescribed under 20050H1226B1439 - 2 -
1 these provisions. 2 * * * 3 § 18. Suspension, removal, discipline and other sanctions. 4 (a) There shall be an independent board within the Judicial 5 Branch, known as the Judicial Conduct Board, the composition, 6 powers and duties of which shall be as follows: 7 * * * 8 (7) The board shall receive and investigate complaints 9 regarding judicial conduct filed by individuals or initiated by 10 the board against a justice, judge, justice of the peace or 11 family law master; issue subpoenas to compel testimony under 12 oath of witnesses, including the subject of the investigation, 13 and to compel the production of documents, books, accounts and 14 other records relevant to the investigation; determine whether 15 there is probable cause to file formal charges against a 16 justice, judge [or], justice of the peace or family law master 17 for conduct proscribed by this section; and present the case in 18 support of the charges before the Court of Judicial Discipline. 19 (8) Complaints filed with the board or initiated by the 20 board shall not be public information. Statements, testimony, 21 documents, records or other information or evidence acquired by 22 the board in the conduct of an investigation shall not be public 23 information. A justice, judge [or], justice of the peace or 24 family law master who is the subject of a complaint filed with 25 the board or initiated by the board or of an investigation 26 conducted by the board shall be apprised of the nature and 27 content of the complaint and afforded an opportunity to respond 28 fully to the complaint prior to any probable cause determination 29 by the board. All proceedings of the board shall be confidential 30 except when the subject of the investigation waives 20050H1226B1439 - 3 -
1 confidentiality. If, independent of any action by the board, the 2 fact that an investigation by the board is in progress becomes a 3 matter of public record, the board may, at the direction of the 4 subject of the investigation, issue a statement to confirm that 5 the investigation is in progress, to clarify the procedural 6 aspects of the proceedings, to explain the rights of the subject 7 of the investigation to a fair hearing without prejudgment or to 8 provide the response of the subject of the investigation to the 9 complaint. In acting to dismiss a complaint for lack of probable 10 cause to file formal charges, the board may, at its discretion, 11 issue a statement or report to the complainant or to the subject 12 of the complaint, which may contain the identity of the 13 complainant, the identity of the subject of the complaint, the 14 contents and nature of the complaint, the actions taken in the 15 conduct of the investigation and the results and conclusions of 16 the investigation. The board may include with a report a copy of 17 information or evidence acquired in the course of the 18 investigation. 19 (9) If the board finds probable cause to file formal charges 20 concerning mental or physical disability against a justice, 21 judge [or], justice of the peace or family law master, the board 22 shall so notify the subject of the charges and provide the 23 subject with an opportunity to resign from [judicial] his office 24 or, when appropriate, to enter a rehabilitation program prior to 25 the filing of the formal charges with the Court of Judicial 26 Discipline. 27 * * * 28 (b) There shall be a Court of Judicial Discipline, the 29 composition, powers and duties of which shall be as follows: 30 * * * 20050H1226B1439 - 4 -
1 (5) Upon the filing of formal charges with the court by the 2 board, the court shall promptly schedule a hearing or hearings 3 to determine whether a sanction should be imposed against a 4 justice, judge [or], justice of the peace or family law master 5 pursuant to the provisions of this section. The court shall be a 6 court of record, with all the attendant duties and powers 7 appropriate to its function. Formal charges filed with the court 8 shall be a matter of public record. All hearings conducted by 9 the court shall be public proceedings conducted pursuant to the 10 rules adopted by the court and in accordance with the principles 11 of due process and the law of evidence. Parties appearing before 12 the court shall have a right to discovery pursuant to the rules 13 adopted by the court and shall have the right to subpoena 14 witnesses and to compel the production of documents, books, 15 accounts and other records as relevant. The subject of the 16 charges shall be presumed innocent in any proceeding before the 17 court, and the board shall have the burden of proving the 18 charges by clear and convincing evidence. All decisions of the 19 court shall be in writing and shall contain findings of fact and 20 conclusions of law. A decision of the court may order removal 21 from office, suspension, censure or other discipline as 22 authorized by this section and as warranted by the record. 23 * * * 24 (c) Decisions of the court shall be subject to review as 25 follows: 26 (1) A justice, judge [or], justice of the peace or family 27 law master shall have the right to appeal a final adverse order 28 of discipline of the court. A judge [or], justice of the peace 29 or family law master shall have the right to appeal to the 30 Supreme Court in a manner consistent with rules adopted by the 20050H1226B1439 - 5 -
1 Supreme Court; a justice shall have the right to appeal to a 2 special tribunal composed of seven judges, other than senior 3 judges, chosen by lot from the judges of the Superior Court and 4 Commonwealth Court who do not sit on the Court of Judicial 5 Discipline or the board, in a manner consistent with rules 6 adopted by the Supreme Court. The special tribunal shall hear 7 and decide the appeal in the same manner in which the Supreme 8 Court would hear and decide an appeal from an order of the 9 court. 10 * * * 11 (3) An order of the court which dismisses a complaint 12 against a judge [or], justice of the peace or family law master 13 may be appealed by the board to the Supreme Court, but the 14 appeal shall be limited to questions of law. An order of the 15 court which dismisses a complaint against a justice of the 16 Supreme Court may be appealed by the board to a special tribunal 17 in accordance with paragraph (1), but the appeal shall be 18 limited to questions of law. 19 (4) No justice, judge [or], justice of the peace or family 20 law master may participate as a member of the board, the court, 21 a special tribunal or the Supreme Court in any proceeding in 22 which the justice, judge or justice of the peace is a 23 complainant, the subject of a complaint, a party or a witness. 24 (d) A justice, judge [or], justice of the peace or family 25 law master shall be subject to disciplinary action pursuant to 26 this section as follows: 27 (1) A justice, judge [or], justice of the peace or family 28 law master may be suspended, removed from office or otherwise 29 disciplined for conviction of a felony; [violation of section 17 30 of this article;] misconduct in office; neglect or failure to 20050H1226B1439 - 6 -
1 perform the duties of office or conduct which prejudices the 2 proper administration of justice or brings the judicial office 3 into disrepute, whether or not the conduct occurred while acting 4 in a judicial capacity or is prohibited by law; or conduct in 5 violation of a canon or rule prescribed by the Supreme Court. A 6 justice, judge or justice of the peace may be suspended, removed 7 from office or otherwise disciplined for a violation of section 8 17 of this article. A judge or family law master may be 9 suspended or removed from office for failure to complete 10 judicial education requirements as provided by statute. In the 11 case of a mentally or physically disabled justice, judge [or], 12 justice of the peace or family law master, the court may enter 13 an order of removal from office, retirement, suspension or other 14 limitations on the activities of the justice, judge [or], 15 justice of the peace or family law master as warranted by the 16 record. Upon a final order of the court for suspension without 17 pay or removal, prior to any appeal, the justice, judge [or], 18 justice of the peace or family law master shall be suspended or 19 removed from office; and the salary of the justice, judge [or], 20 justice of the peace or family law master shall cease from the 21 date of the order. 22 (2) Prior to a hearing, the court may issue an interim order 23 directing the suspension, with or without pay, of any justice, 24 judge [or], justice of the peace or family law master against 25 whom formal charges have been filed with the court by the board 26 or against whom has been filed an indictment or information 27 charging a felony. An interim order under this paragraph shall 28 not be considered a final order from which an appeal may be 29 taken. 30 (3) A justice, judge [or], justice of the peace or family 20050H1226B1439 - 7 -
1 law master convicted of misbehavior in office by a court,
2 disbarred as a member of the bar of the Supreme Court or removed
3 under this section shall forfeit automatically his judicial
4 office and thereafter be ineligible for judicial office.
5 * * *
6 Section 2. (a) Upon the first passage by the General
7 Assembly of these proposed constitutional amendments, the
8 Secretary of the Commonwealth shall proceed immediately to
9 comply with the advertising requirements of section 1 of Article
10 XI of the Constitution of Pennsylvania and shall transmit the
11 required advertisements to two newspapers in every county in
12 which such newspapers are published in sufficient time after
13 passage of these proposed constitutional amendments.
14 (b) Upon the second passage by the General Assembly of these
15 proposed constitutional amendments, the Secretary of the
16 Commonwealth shall proceed immediately to comply with the
17 advertising requirements of section 1 of Article XI of the
18 Constitution of Pennsylvania and shall transmit the required
19 advertisements to two newspapers in every county in which such
20 newspapers are published in sufficient time after passage of
21 these proposed constitutional amendments. The Secretary of the
22 Commonwealth shall submit the proposed constitutional amendments
23 under section 1 to the qualified electors of this Commonwealth
24 as a single ballot question at the first primary, general or
25 municipal election occurring at least three months after the
26 proposed constitutional amendments are passed by the General
27 Assembly.
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