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. 19980H2173B2863 - 2 -
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. 19980H2173B2863 - 3 -
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 19980H2173B2863 - 4 -
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 19980H2173B2863 - 5 -
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. 19980H2173B2863 - 6 -
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 19980H2173B2863 - 7 -
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 19980H2173B2863 - 8 -
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 19980H2173B2863 - 9 -
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 19980H2173B2863 - 10 -
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 19980H2173B2863 - 11 -
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: 19980H2173B2863 - 12 -
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 19980H2173B2863 - 13 -
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: 19980H2173B2863 - 14 -
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 19980H2173B2863 - 15 -
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 19980H2173B2863 - 16 -
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. J1L42SFL/19980H2173B2863 - 17 -