PRIOR PASSAGE - NONE
PRIOR PRINTER'S NOS. 632, 1687 PRINTER'S NO. 1779
No. 594 Session of 1989
INTRODUCED BY GREENLEAF, JUBELIRER, GREENWOOD, FISHER, LEWIS,
SHUMAKER AND REIBMAN, FEBRUARY 21, 1989
AS AMENDED ON THIRD CONSIDERATION, DECEMBER 5, 1989
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, changing and adding provisions relating to
3 the selection of justices and judges.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following amendments to the Constitution of
7 Pennsylvania are proposed in accordance with Article XI:
8 (1) That section 8(b) of Article IV be amended AND THE <--
9 SECTION BE AMENDED BY ADDING A SUBSECTION to read:
10 § 8. Appointing power.
11 * * *
12 (b) The Governor shall fill vacancies in offices to which he
13 appoints, including appointments made pursuant to Article V, by
14 nominating to the Senate a proper person to fill the vacancy
15 within 90 days of the first day of the vacancy and not
16 thereafter. The Senate shall act on each executive nomination
17 within 25 legislative days of its submission. If the Senate has
1 not voted upon a nomination within 15 legislative days following
2 such submission, any five members of the Senate may, in writing,
3 request the presiding officer of the Senate to place the
4 nomination before the entire Senate body whereby the nomination
5 must be voted upon prior to the expiration of five legislative
6 days or 25 legislative days following submission by the
7 Governor, whichever occurs first. If the nomination is made
8 during a recess or after adjournment sine die, the Senate shall
9 act upon it within 25 legislative days after its return or
10 reconvening. If the Senate for any reason fails to act upon a
11 nomination submitted to it within the required 25 legislative
12 days, the nominee shall take office as if the appointment had
13 been consented to by the Senate. The Governor shall in a similar
14 manner fill vacancies in the offices of Auditor General, State
15 Treasurer, justice, judge, justice of the peace and in any other
16 elective office he is authorized to fill. In the case of a
17 vacancy in an elective office, a person shall be elected to the
18 office on the next election day appropriate to the office unless
19 the first day of the vacancy is within two calendar months
20 immediately preceding the election day in which case the
21 election shall be held on the second succeeding election day
22 appropriate to the office.
23 * * *
24 (D) AN INDIVIDUAL NOMINATED AS A JUSTICE OR A JUDGE WHO DOES <--
25 NOT RECEIVE A CONFIRMATION VOTE OF TWO-THIRDS OF THE MEMBERS
26 ELECTED TO THE SENATE SHALL NOT THEREAFTER BE NOMINATED BY THE
27 GOVERNOR TO THE SAME COURT DURING THE ONE-YEAR PERIOD FOLLOWING
28 THE VOTE OF THE SENATE.
29 (2) That sections 12(a), 13, 14 and 15 of Article V be
30 amended to read:
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1 § 12. Qualifications of justices, judges and justices of the
2 peace.
3 (a) Justices, judges and justices of the peace shall be
4 citizens of [the] this Commonwealth. Justices and judges, except
5 the judges of the traffic court in the City of Philadelphia,
6 shall be members of the bar of the Supreme Court. Justices and
7 judges of statewide courts, for a period of one year preceding
8 their [election or] appointment and during their continuance in
9 office, shall reside within [the] this Commonwealth. Other
10 judges and justices of the peace, for a period of one year
11 preceding their election or appointment and during their
12 continuance in office, shall reside within their respective
13 districts, except as provided in this article for temporary
14 assignments.
15 * * *
16 § 13. [Election] Selection of justices, judges and justices of
17 the peace; vacancies.
18 (a) Justices of the Supreme Court and judges of the Superior
19 Court and the Commonwealth Court shall be appointed to their
20 initial term by the Governor, with the advice and consent of
21 two-thirds of the members elected to the Senate. The Governor
22 shall nominate from the list A LIST SUBMITTED BY THE JUDICIAL <--
23 NOMINATING COMMISSION one person for each vacancy with respect
24 to which the list of recommendations has been submitted. The
25 appointments shall be made in accordance with the provisions of
26 section 8 of Article IV.
27 (b) A vacancy in the office of justice of the Supreme Court
28 or judge of the Superior Court or the Commonwealth Court shall
29 be filled by the procedure provided in section 13(a).
30 [(a)] (c) [Justices, judges] Judges, other than judges of
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1 the Superior Court and the Commonwealth Court, and justices of
2 the peace shall be elected at the municipal election next
3 preceding the commencement of their respective terms of office
4 by the electors of the [Commonwealth or the] respective
5 districts in which they are to serve, unless, with respect to
6 court of common pleas judges, a majority of the electors vote in
7 favor of an appointive system as provided in section 14(i).
8 [(b)] (d) A vacancy in the office of [justice,] judge, other
9 than judge of the Superior Court or the Commonwealth Court, or
10 justice of the peace, or judge in a jurisdiction which has
11 adopted the appointive system provided in section 14(i), shall
12 be filled by appointment by the Governor. The appointment shall
13 be with the advice and consent of two-thirds of the members
14 elected to the Senate, except in the case of justices of the
15 peace which shall be by a majority. The person so appointed
16 shall serve for a term ending on the first Monday of January
17 following the next municipal election more than ten months after
18 the vacancy occurs or for the remainder of the unexpired term
19 whichever is less[, except in the case of persons selected as
20 additional judges to the Superior Court, where the General
21 Assembly may stagger and fix the length of the initial terms of
22 such additional judges by reference to any of the first, second
23 and third municipal elections more than ten months after the
24 additional judges are selected]. The manner by which any
25 additional judges are selected shall be provided by section
26 13(b) and this section for the filling of vacancies in judicial
27 offices.
28 [(c)] (e) The provisions of section 13(b) and section 13(d)
29 shall not apply [either] in the case of a vacancy to be filled
30 by retention election as provided in section 15(b)[, or].
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1 Section 13(d) shall not apply in the case of a vacancy created
2 by failure of a [justice or] judge to file a declaration for <--
3 retention election as provided in section 15(b). In the case of
4 a vacancy occurring at the expiration of an appointive term
5 under section [13(b)] 13(d), the vacancy shall be filled by
6 election as provided in section [13(a)] 13(c).
7 [(d) At the primary election in 1969, the electors of the
8 Commonwealth may elect to have the justices and judges of the
9 Supreme, Superior, Commonwealth and all other statewide courts
10 appointed by the Governor from a list of persons qualified for
11 the offices submitted to him by the Judicial Qualifications
12 Commission. If a majority vote of those voting on the question
13 is in favor of this method of appointment, then whenever any
14 vacancy occurs thereafter for any reason in such court, the
15 Governor shall fill the vacancy by appointment in the manner
16 prescribed in this subsection. Such appointment shall not
17 require the consent of the Senate.
18 (e)] (f) Each justice of the Supreme Court or judge of the
19 Superior Court or the Commonwealth Court appointed by the
20 Governor under section [13(d)] 13(a) or section 13(b), or judge
21 in a jurisdiction which has adopted the appointive system
22 provided in section 14(i) shall hold office for an initial term
23 of four years ending the first Monday of January following the
24 next municipal election more than [24] 48 months following the
25 appointment.
26 § 14. [Judicial Qualifications Commission] Judicial Nominating
27 Commission.
28 [(a) Should the method of judicial selection be adopted as
29 provided in section 13 (d), there shall be a Judicial
30 Qualifications Commission, composed of four non-lawyer electors
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1 appointed by the Governor and three non-judge members of the bar
2 of the Supreme Court appointed by the Supreme Court. No more
3 than four members shall be of the same political party. The
4 members of the commission shall serve for terms of seven years,
5 with one member being selected each year. The commission shall
6 consider all names submitted to it and recommend to the Governor
7 not fewer than ten nor more than 20 of those qualified for each
8 vacancy to be filled.
9 (b) During his term, no member shall hold a public office or
10 public appointment for which he receives compensation, nor shall
11 he hold office in a political party or political organization.
12 (c) A vacancy on the commission shall be filled by the
13 appointing authority for the balance of the term.]
14 (a) There shall be a Judicial Nominating Commission which
15 shall evaluate the qualifications of applicants for appointment
16 to the office of justice of the Supreme Court or judge of the
17 Superior Court or the Commonwealth Court. The commission should
18 include a representation of men and women and should reflect the
19 geographical, political, economic and ethnic diversity of the
20 Commonwealth.
21 (b) The commission shall consist of 16 Pennsylvania
22 residents: two judges of the courts of common pleas and two
23 alternates WHO ALSO SHALL BE JUDGES OF THE COURTS OF COMMON <--
24 PLEAS WHO shall be elected by secret ballot of all judges of the
25 courts of common pleas in accordance with an election procedure
26 established by the Supreme Court; six commissioners shall be
27 appointed by the Governor; and two commissioners each shall be
28 appointed by the President pro tempore of the Senate, the
29 Speaker of the House, the Senate Minority Leader and the House
30 Minority Leader. Of the six members appointed by the Governor,
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1 only two shall be members of the bar of the Supreme Court, and
2 no more than three shall be enrolled in the same political
3 party. Not more than one of the two members appointed by the
4 President pro tempore of the Senate, the Speaker of the House,
5 the Senate Minority Leader and the House Minority Leader shall
6 be a member of the bar of the Supreme Court.
7 (c) Each commissioner shall be appointed for a full four-
8 year term, except as provided for initial commissioners. The
9 initial commissioners shall serve as follows: the elected
10 commissioners, one for two years and one for four years; the
11 commissioners appointed by the Governor, two for one year, one
12 for two years, two for three years and one for four years; the
13 commissioners appointed by the President pro tempore of the
14 Senate, one for four years and one for one year; the
15 commissioners appointed by the Speaker of the House, one for
16 four years and one for one year; the commissioners appointed by
17 the Minority Leader in the Senate, one for three years and one
18 for two years; and the commissioners appointed by the Minority
19 Leader in the House, one for three years and one for two years.
20 The Governor shall designate one of the commissioners as
21 chairman of the commission. The chairman shall serve at the
22 pleasure of the Governor.
23 (d) No commissioner shall be appointed to more than two
24 successive full four-year terms. An appointment to fill an
25 unexpired term which has less than two years to run shall not be
26 deemed a full term. A vacancy in the office of an elected
27 commissioner shall be filled by the first alternate for the
28 unexpired portion of the term. Other vacancies shall be filled
29 by the respective appointing authority for the unexpired portion
30 of the term. During his term of service, no appointed
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1 commissioner shall hold a public office or public appointment,
2 compensated or uncompensated, nor shall he hold office in any
3 political party or political organization.
4 (e) Funds for the operation of the commission shall be
5 appropriated by the General Assembly as provided by law.
6 (f) The commission shall establish its own rules of
7 procedure.
8 (g) Whenever a vacancy occurs in the office of justice of
9 the Supreme Court or judge of the Superior Court or the
10 Commonwealth Court, the commission shall publicly advertise such
11 vacancy and solicit applications. When it is known that a
12 vacancy on the Supreme Court, on any other Statewide court or in
13 a jurisdiction which has adopted the appointive system provided
14 in subsection (i) will occur in the future on a date certain,
15 the selection process may proceed BEGIN 90 days prior to that <--
16 date. From the applications received, the commission shall
17 prepare and submit to the Governor a list of at least five, but <--
18 not more than seven, persons who are qualified to hold that <--
19 judicial office. The list shall be submitted to the Governor no
20 later than 60 days after the vacancy occurs. When more than one
21 vacancy on the same court exists, the number of persons on the
22 list which is submitted to the Governor shall be increased by
23 two persons for each additional vacancy.
24 (h) The list submitted to the Governor shall contain the
25 names of those persons who received affirmative votes from ten
26 or more commissioners, provided that the number of persons shall
27 not exceed the limitations imposed by subsection (g).
28 Immediately following submission to the Governor, the list shall
29 be made public by the commission.
30 (i) Upon petition to the appropriate election officials by
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1 5% or more of the registered electors in the judicial district,
2 the electors in that judicial district may determine, at the
3 next general election more than 70 days after the petition is
4 filed with the appropriate election officials and in such manner
5 as shall be provided by statute, whether or not to adopt an
6 appointive system for court of common pleas judges. In any
7 judicial district where a majority of the votes cast are in
8 favor of selecting court of common pleas judges by an appointive
9 system, a local judicial nominating committee for that judicial
10 district shall be formed, and the members of each local judicial
11 nominating committee shall serve as provided in this section for
12 the Judicial Nominating Commission, except that each member of
13 the local judicial nominating committee shall be a registered
14 elector in the judicial district for which the local judicial
15 nominating committee has been formed. The committee should
16 include a representation of men and women and should reflect the
17 geographical, political, economic and ethnic diversity of the
18 judicial district. The committee shall be composed of four
19 members appointed by the Governor, no more than two of whom
20 shall be members of the bar of the Supreme Court AND NO MORE <--
21 THAN TWO OF WHOM SHALL BE ENROLLED IN THE SAME POLITICAL PARTY;
22 one nonlawyer member appointed by the President pro tempore of
23 the Senate; one member of the bar of the Supreme Court appointed
24 by the Speaker of the House of Representatives; one member of
25 the bar of the Supreme Court appointed by the House Minority
26 Leader; and one nonlawyer appointed by the Senate Minority
27 Leader. Each committee member shall be appointed for a full
28 four-year term, except as provided for the initial committee
29 members. The initial committee members shall serve as follows:
30 the committee members appointed by the Governor, one for one
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1 year, one for two years, one for three years and one for four
2 years; the committee member appointed by the Speaker of the
3 House of Representatives for one year; the committee member
4 appointed by the President pro tempore of the Senate for two
5 years; the committee member appointed by the House Minority
6 Leader for three years; and the committee member appointed by
7 the Senate Minority Leader for four years. Vacancies on the
8 committee shall be filled for the balance of the term in the
9 same manner that the vacating member was appointed. Each local
10 judicial nominating committee shall have such powers with
11 respect to court of common pleas judges as are provided in this
12 section for the Judicial Nominating Commission with respect to
13 justices of the Supreme Court and judges of the Superior Court
14 and the Commonwealth Court. Appointments of court of common
15 pleas judges in judicial districts selecting an appointive
16 system shall be made in the same manner as are appointments for
17 justices of the Supreme Court and judges of the Superior Court
18 and the Commonwealth Court; except that the committee shall
19 submit to the Governor a list of at least three, but not more
20 than five, persons who are qualified to hold judicial office.
21 When more than one vacancy exists, the number of persons on the
22 list which is submitted to the Governor shall be increased by
23 two persons for each additional vacancy. The list shall contain
24 the names of persons who received affirmative votes from five or
25 more committee members, but the list shall not exceed the
26 limitations imposed by this subsection.
27 (J) NOT LESS THAN FIVE YEARS AFTER ADOPTION OF AN APPOINTIVE <--
28 SYSTEM FOR COURT OF COMMON PLEAS JUDGES, UPON PETITION TO THE
29 APPROPRIATE ELECTION OFFICIALS BY 5% OR MORE OF THE REGISTERED
30 ELECTORS IN THE JUDICIAL DISTRICT, THE ELECTORS IN THAT JUDICIAL
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1 DISTRICT MAY DETERMINE, AT THE NEXT GENERAL ELECTION MORE THAN
2 70 DAYS AFTER THE PETITION IS FILED WITH THE APPROPRIATE
3 ELECTION OFFICIALS IN SUCH MANNER AS SHALL BE PROVIDED BY
4 STATUTE, WHETHER OR NOT TO RETURN TO AN ELECTIVE SYSTEM FOR
5 COURT OF COMMON PLEAS JUDGES AS SET FORTH IN SECTION 13(C).
6 § 15. Tenure of justices, judges and justices of the peace.
7 (a) [The] EXCEPT AS PROVIDED IN SECTION 13(F), THE regular <--
8 term of office of justices and judges shall be ten years and the
9 regular term of office for judges of the municipal court and
10 traffic court in the City of Philadelphia and of justices of the
11 peace shall be six years. The tenure of any justice or judge
12 shall not be affected by changes in judicial districts or by
13 reduction in the number of judges.
14 (b) A justice or judge [elected under section 13(a),] of the
15 Superior Court or the Commonwealth Court appointed under section
16 [13(d)] 13(a) or section 13(b) or retained under this section
17 15(b) or a judge elected OR APPOINTED under section 13(c) OR (D) <--
18 or retained under this section 15(b) may file a declaration of
19 candidacy for retention election with the officer of the
20 Commonwealth who under law shall have supervision over elections
21 on or before the first Monday of January of the year preceding
22 the year in which his term of office expires. If no declaration
23 is filed, a vacancy shall exist upon the expiration of the term
24 of office of such justice or judge, to be filled by [election]
25 appointment under section 13(a) or by [appointment] election
26 under section [13(d)] 13(c) [if applicable]. If a justice or
27 judge files a declaration, his name shall be submitted to the
28 electors without party designation, on a separate judicial
29 ballot or in a separate column on voting machines, at the
30 municipal election immediately preceding the expiration of the
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1 term of office of the justice or judge, to determine only the
2 question whether he shall be retained in office. If a majority
3 is against retention, a vacancy shall exist upon the expiration
4 of his term of office, to be filled by appointment under section
5 13(b) or under section 13(d) [if applicable]. If a majority
6 favors retention, the justice or judge shall serve for the
7 regular term of office provided herein, unless sooner removed or
8 retired. At the expiration of each term a justice or judge shall
9 be eligible for retention as provided herein, subject only to
10 the retirement provisions of this article.
11 (3) That Article V be amended by adding a section to read: <--
12 § 19. Appointment of justices and judges.
13 An individual nominated as a justice or a judge who does not
14 receive a confirmation vote of two-thirds of the members elected
15 to the Senate shall not thereafter be appointed by the Governor
16 to the same court during the one-year period following the vote
17 of the Senate.
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