PRIOR PASSAGE - NONE
PRINTER'S NO. 1365
No. 1007 Session of 2004
INTRODUCED BY MELLOW, MUSTO AND COSTA, JANUARY 21, 2004
REFERRED TO JUDICIARY, JANUARY 21, 2004
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, further providing for qualifications of
3 justices, judges and justices of the peace.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following amendment to the Constitution of
7 Pennsylvania is proposed in accordance with Article XI:
8 That section 12 of Article V be amended to read:
9 § 12. Qualifications of justices, judges and justices of the
10 peace.
11 (a) Justices, judges and justices of the peace shall be
12 citizens of the Commonwealth. Justices and judges, except the
13 judges of the traffic court in the City of Philadelphia, shall
14 be members of the bar of the Supreme Court and shall maintain an
15 active law license. Justices and judges of statewide courts, for
16 a period of one year preceding their election or appointment and
17 during their continuance in office, shall reside within the
1 Commonwealth. Other judges and justices of the peace, for a
2 period of one year preceding their election or appointment and
3 during their continuance in office, shall reside within their
4 respective districts, except as provided in this article for
5 temporary assignments.
6 (b) Judges of the traffic court in the City of Philadelphia
7 and justices of the peace shall be members of the bar of the
8 Supreme Court or shall complete a course of training and
9 instruction in the duties of their respective offices and pass
10 an examination prior to assuming office. Such courses and
11 examinations shall be as provided by law.
12 Section 2. (a) Upon the first passage by the General
13 Assembly of this proposed constitutional amendment, the
14 Secretary of the Commonwealth shall proceed immediately to
15 comply with the advertising requirements of section 1 of Article
16 XI of the Constitution of Pennsylvania and shall transmit the
17 required advertisements to two newspapers in every county in
18 which such newspapers are published in sufficient time after
19 passage of this proposed constitutional amendment.
20 (b) Upon the second passage by the General Assembly of this
21 proposed constitutional amendment, the Secretary of the
22 Commonwealth shall proceed immediately to comply with the
23 advertising requirements of section 1 of Article XI of the
24 Constitution of Pennsylvania and shall transmit the required
25 advertisements to two newspapers in every county in which such
26 newspapers are published in sufficient time after passage of
27 this proposed constitutional amendment. The Secretary of the
28 Commonwealth shall submit this proposed constitutional amendment
29 to the qualified electors of this Commonwealth at the first
30 primary, general or municipal election which meets the
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1 requirements of and is in conformance with section 1 of Article
2 XI of the Constitution of Pennsylvania and which occurs at least
3 three months after the proposed constitutional amendment is
4 passed by the General Assembly.
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