PRIOR PASSAGE - NONE PRINTER'S NO. 3213
No. 2324 Session of 2002
INTRODUCED BY FLICK, E. Z. TAYLOR, CLARK, FEESE, ADOLPH, ARGALL, ARMSTRONG, M. BAKER, BARD, BARRAR, BASTIAN, BIRMELIN, BOYES, BUNT, CAPPELLI, CLYMER, CORRIGAN, COY, CREIGHTON, DAILEY, DALLY, J. EVANS, FAIRCHILD, FICHTER, GABIG, GEIST, GEORGE, GODSHALL, HABAY, HARHART, HERSHEY, HESS, HUTCHINSON, KENNEY, LEH, LEWIS, MACKERETH, MAITLAND, McGEEHAN, McGILL, McILHATTAN, McILHINNEY, METCALFE, R. MILLER, S. MILLER, PHILLIPS, PICKETT, ROHRER, ROSS, RUBLEY, SATHER, SAYLOR, SCHRODER, SCHULER, SEMMEL, SHANER, B. SMITH, STEIL, STERN, T. STEVENSON, R. STEVENSON, STRITTMATTER, STURLA, TIGUE, TULLI, TURZAI, WATSON, WILT, WOJNAROSKI, M. WRIGHT, YOUNGBLOOD, ZIMMERMAN AND J. BAKER, JANUARY 30, 2002
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2002
A JOINT RESOLUTION 1 Proposing an amendment to the Constitution of the Commonwealth 2 of Pennsylvania, further providing for judicial 3 administration. 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 10(c) of Article V be amended to read: 9 § 10. Judicial administration. 10 * * * 11 (c) The Supreme Court shall have the power to prescribe 12 [general] rules governing [practice, procedure and] the conduct 13 of all courts, justices of the peace and all officers serving
1 process or enforcing orders, judgments or decrees of any court 2 or justice of the peace, including the power to provide for 3 assignment and reassignment of classes of actions or classes of 4 appeals among the several courts as the needs of justice shall 5 require, and for admission to the bar and to practice law, and 6 the administration of all courts and supervision of all officers 7 of the Judicial Branch, if such rules are consistent with this 8 Constitution and neither abridge, enlarge nor modify the 9 substantive rights of any litigant, nor affect the right of the 10 General Assembly to determine the jurisdiction of any court or 11 justice of the peace, nor suspend nor alter any statute of 12 limitation or repose. [All] General rules governing the practice 13 and procedure of all courts shall be transmitted by the Supreme 14 Court to the General Assembly. Not later than May 1 of the year 15 in which a general rule or modification of an existing general 16 rule is to become effective a copy of the proposed general rule 17 or modification of an existing general rule shall be transmitted 18 to the General Assembly. Such general rule or modification of an 19 existing general rule shall take effect no earlier than December 20 1 of the year in which such general rule or modification of an 21 existing general rule is so transmitted unless otherwise 22 provided by statute. Such general rule or modification of 23 existing general rule shall be consistent with this Constitution 24 and neither abridge, enlarge nor modify the substantive rights 25 of any litigant, nor affect the right of the General Assembly to 26 determine the jurisdiction of any court or justice of the peace, 27 nor suspend nor alter any statute of limitations or repose. 28 Except for general rules and modification of existing general 29 rules transmitted to and approved by the General Assembly as 30 provided in this section, all laws shall be suspended to the 20020H2324B3213 - 2 -
1 extent that they are inconsistent with rules prescribed under 2 these provisions. 3 * * * 4 Section 2. (a) Upon the first passage by the General 5 Assembly of this proposed constitutional amendment, the 6 Secretary of the Commonwealth shall proceed immediately to 7 comply with the advertising requirements of section 1 of Article 8 XI of the Constitution of Pennsylvania and shall transmit the 9 required advertisements to two newspapers in every county in 10 which such newspapers are published in sufficient time after 11 passage of this proposed constitutional amendment. 12 (b) Upon the second passage by the General Assembly of this 13 proposed constitutional amendment, the Secretary of the 14 Commonwealth shall proceed immediately to comply with the 15 advertising requirements of section 1 of Article XI of the 16 Constitution of Pennsylvania and shall transmit the required 17 advertisements to two newspapers in every county in which such 18 newspapers are published in sufficient time after passage of 19 this proposed constitutional amendment. The Secretary of the 20 Commonwealth shall submit this proposed constitutional amendment 21 to the qualified electors of this Commonwealth at the first 22 primary, general or municipal election which meets the 23 requirements of and is in conformance with section 1 of Article 24 XI of the Constitution of Pennsylvania and which occurs at least 25 three months after the proposed constitutional amendment is 26 passed by the General Assembly. A22L83BIL/20020H2324B3213 - 3 -