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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BAKER, PICKETT, CAUSER, GINGRICH, BELFANTI, BEYER, BOYD, COHEN, CREIGHTON, DALLY, DENLINGER, FLECK, GEIST, KAUFFMAN, KIRKLAND, MILLER, O'NEILL, RAPP, ROHRER AND VULAKOVICH, FEBRUARY 13, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 2009 |
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| A JOINT RESOLUTION |
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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 in accordance with |
10 | Article XI: |
11 | (1) That section 5 of Article V be amended to read: |
12 | § 5. Courts of common pleas. |
13 | There shall be one court of common pleas for each judicial |
14 | district (a) having such divisions and consisting of such number |
15 | of judges as shall be provided by law, one of whom shall be the |
16 | president judge; and |
17 | (b) having unlimited original jurisdiction in all cases |
18 | except as may otherwise be provided by law[.]; and |
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1 | (c) having a procedure for the disposition of cases |
2 | involving dissolution of marriage, custody, child support, |
3 | spousal support, alimony, alimony pendente lite, equitable |
4 | division of marital property and related family law matters as |
5 | provided by statute; and |
6 | (d) having a family resource center as provided by statute; |
7 | and |
8 | (e) having educational requirements for judges and family |
9 | law masters and mediators as provided by statute. |
10 | (2) That section 10(c) of Article V be amended to read: |
11 | § 10. Judicial administration. |
12 | * * * |
13 | (c) The Supreme Court shall have the power to prescribe |
14 | general rules governing practice, procedure and the conduct of |
15 | all courts, justices of the peace and all officers serving |
16 | process or enforcing orders, judgments or decrees of any court |
17 | or justice of the peace, including the power to provide for |
18 | assignment and reassignment of classes of actions or classes of |
19 | appeals among the several courts as the needs of justice shall |
20 | require, and for admission to the bar and to practice law, and |
21 | the administration of all courts and supervision of all officers |
22 | of the Judicial Branch, if such rules are consistent with this |
23 | Constitution and neither abridge, enlarge nor modify the |
24 | substantive rights of any litigant, nor affect the right of the |
25 | General Assembly to determine the jurisdiction of any court or |
26 | justice of the peace, nor suspend nor alter any statute of |
27 | limitation or repose. [All] Except for statutes enacted pursuant |
28 | to section 5 of this article, all laws shall be suspended to the |
29 | extent that they are inconsistent with rules prescribed under |
30 | these provisions. Notwithstanding the provisions of this |
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1 | section, the General Assembly may by statute provide for the |
2 | manner of testimony of child victims or child material witnesses |
3 | in criminal proceedings, including the use of videotaped |
4 | depositions or testimony by closed-circuit television. |
5 | * * * |
6 | (3) That section 18(a)(7), (8) and (9), (b)(5), (c)(1), (3) |
7 | and (4) and (d) introductory paragraph and (1), (2) and (3) of |
8 | Article V be amended to read: |
9 | § 18. Suspension, removal, discipline and other sanctions. |
10 | (a) There shall be an independent board within the Judicial |
11 | Branch, known as the Judicial Conduct Board, the composition, |
12 | powers and duties of which shall be as follows: |
13 | * * * |
14 | (7) The board shall receive and investigate complaints |
15 | regarding judicial conduct filed by individuals or initiated by |
16 | the board against a justice, judge, justice of the peace or |
17 | family law master; issue subpoenas to compel testimony under |
18 | oath of witnesses, including the subject of the investigation, |
19 | and to compel the production of documents, books, accounts and |
20 | other records relevant to the investigation; determine whether |
21 | there is probable cause to file formal charges against a |
22 | justice, judge [or], justice of the peace or family law master |
23 | for conduct proscribed by this section; and present the case in |
24 | support of the charges before the Court of Judicial Discipline. |
25 | (8) Complaints filed with the board or initiated by the |
26 | board shall not be public information. Statements, testimony, |
27 | documents, records or other information or evidence acquired by |
28 | the board in the conduct of an investigation shall not be public |
29 | information. A justice, judge [or], justice of the peace or |
30 | family law master who is the subject of a complaint filed with |
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1 | the board or initiated by the board or of an investigation |
2 | conducted by the board shall be apprised of the nature and |
3 | content of the complaint and afforded an opportunity to respond |
4 | fully to the complaint prior to any probable cause determination |
5 | by the board. All proceedings of the board shall be confidential |
6 | except when the subject of the investigation waives |
7 | confidentiality. If, independent of any action by the board, the |
8 | fact that an investigation by the board is in progress becomes a |
9 | matter of public record, the board may, at the direction of the |
10 | subject of the investigation, issue a statement to confirm that |
11 | the investigation is in progress, to clarify the procedural |
12 | aspects of the proceedings, to explain the rights of the subject |
13 | of the investigation to a fair hearing without prejudgment or to |
14 | provide the response of the subject of the investigation to the |
15 | complaint. In acting to dismiss a complaint for lack of probable |
16 | cause to file formal charges, the board may, at its discretion, |
17 | issue a statement or report to the complainant or to the subject |
18 | of the complaint, which may contain the identity of the |
19 | complainant, the identity of the subject of the complaint, the |
20 | contents and nature of the complaint, the actions taken in the |
21 | conduct of the investigation and the results and conclusions of |
22 | the investigation. The board may include with a report a copy of |
23 | information or evidence acquired in the course of the |
24 | investigation. |
25 | (9) If the board finds probable cause to file formal charges |
26 | concerning mental or physical disability against a justice, |
27 | judge [or], justice of the peace or family law master, the board |
28 | shall so notify the subject of the charges and provide the |
29 | subject with an opportunity to resign from [judicial] his office |
30 | or, when appropriate, to enter a rehabilitation program prior to |
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1 | the filing of the formal charges with the Court of Judicial |
2 | Discipline. |
3 | * * * |
4 | (b) There shall be a Court of Judicial Discipline, the |
5 | composition, powers and duties of which shall be as follows: |
6 | * * * |
7 | (5) Upon the filing of formal charges with the court by the |
8 | board, the court shall promptly schedule a hearing or hearings |
9 | to determine whether a sanction should be imposed against a |
10 | justice, judge [or], justice of the peace or family law master |
11 | pursuant to the provisions of this section. The court shall be a |
12 | court of record, with all the attendant duties and powers |
13 | appropriate to its function. Formal charges filed with the court |
14 | shall be a matter of public record. All hearings conducted by |
15 | the court shall be public proceedings conducted pursuant to the |
16 | rules adopted by the court and in accordance with the principles |
17 | of due process and the law of evidence. Parties appearing before |
18 | the court shall have a right to discovery pursuant to the rules |
19 | adopted by the court and shall have the right to subpoena |
20 | witnesses and to compel the production of documents, books, |
21 | accounts and other records as relevant. The subject of the |
22 | charges shall be presumed innocent in any proceeding before the |
23 | court, and the board shall have the burden of proving the |
24 | charges by clear and convincing evidence. All decisions of the |
25 | court shall be in writing and shall contain findings of fact and |
26 | conclusions of law. A decision of the court may order removal |
27 | from office, suspension, censure or other discipline as |
28 | authorized by this section and as warranted by the record. |
29 | * * * |
30 | (c) Decisions of the court shall be subject to review as |
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1 | follows: |
2 | (1) A justice, judge [or], justice of the peace or family |
3 | law master shall have the right to appeal a final adverse order |
4 | of discipline of the court. A judge [or], justice of the peace |
5 | or family law master shall have the right to appeal to the |
6 | Supreme Court in a manner consistent with rules adopted by the |
7 | Supreme Court; a justice shall have the right to appeal to a |
8 | special tribunal composed of seven judges, other than senior |
9 | judges, chosen by lot from the judges of the Superior Court and |
10 | Commonwealth Court who do not sit on the Court of Judicial |
11 | Discipline or the board, in a manner consistent with rules |
12 | adopted by the Supreme Court. The special tribunal shall hear |
13 | and decide the appeal in the same manner in which the Supreme |
14 | Court would hear and decide an appeal from an order of the |
15 | court. |
16 | * * * |
17 | (3) An order of the court which dismisses a complaint |
18 | against a judge [or], justice of the peace or family law master |
19 | may be appealed by the board to the Supreme Court, but the |
20 | appeal shall be limited to questions of law. An order of the |
21 | court which dismisses a complaint against a justice of the |
22 | Supreme Court may be appealed by the board to a special tribunal |
23 | in accordance with paragraph (1), but the appeal shall be |
24 | limited to questions of law. |
25 | (4) No justice, judge [or], justice of the peace or family |
26 | law master may participate as a member of the board, the court, |
27 | a special tribunal or the Supreme Court in any proceeding in |
28 | which the justice, judge or justice of the peace is a |
29 | complainant, the subject of a complaint, a party or a witness. |
30 | (d) A justice, judge [or], justice of the peace or family |
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1 | law master shall be subject to disciplinary action pursuant to |
2 | this section as follows: |
3 | (1) A justice, judge [or], justice of the peace or family |
4 | law master may be suspended, removed from office or otherwise |
5 | disciplined for conviction of a felony; [violation of section 17 |
6 | of this article;] misconduct in office; neglect or failure to |
7 | perform the duties of office or conduct which prejudices the |
8 | proper administration of justice or brings the judicial office |
9 | into disrepute, whether or not the conduct occurred while acting |
10 | in a judicial capacity or is prohibited by law; or conduct in |
11 | violation of a canon or rule prescribed by the Supreme Court. A |
12 | justice, judge or justice of the peace may be suspended, removed |
13 | from office or otherwise disciplined for a violation of section |
14 | 17 of this article. A judge or family law master may be |
15 | suspended or removed from office for failure to complete |
16 | judicial education requirements as provided by statute. In the |
17 | case of a mentally or physically disabled justice, judge [or], |
18 | justice of the peace or family law master, the court may enter |
19 | an order of removal from office, retirement, suspension or other |
20 | limitations on the activities of the justice, judge [or], |
21 | justice of the peace or family law master as warranted by the |
22 | record. Upon a final order of the court for suspension without |
23 | pay or removal, prior to any appeal, the justice, judge [or], |
24 | justice of the peace or family law master shall be suspended or |
25 | removed from office; and the salary of the justice, judge [or], |
26 | justice of the peace or family law master shall cease from the |
27 | date of the order. |
28 | (2) Prior to a hearing, the court may issue an interim order |
29 | directing the suspension, with or without pay, of any justice, |
30 | judge [or], justice of the peace or family law master against |
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1 | whom formal charges have been filed with the court by the board |
2 | or against whom has been filed an indictment or information |
3 | charging a felony. An interim order under this paragraph shall |
4 | not be considered a final order from which an appeal may be |
5 | taken. |
6 | (3) A justice, judge [or], justice of the peace or family |
7 | law master convicted of misbehavior in office by a court, |
8 | disbarred as a member of the bar of the Supreme Court or removed |
9 | under this section shall forfeit automatically his judicial |
10 | office and thereafter be ineligible for judicial office. |
11 | * * * |
12 | Section 2. (a) Upon the first passage by the General |
13 | Assembly of these proposed constitutional amendments, 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 these proposed constitutional amendments. |
20 | (b) Upon the second passage by the General Assembly of these |
21 | proposed constitutional amendments, 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 | these proposed constitutional amendments. The Secretary of the |
28 | Commonwealth shall submit the proposed constitutional amendments |
29 | under section 1 to the qualified electors of this Commonwealth |
30 | as a single ballot question at the first primary, general or |
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1 | municipal election which meets the requirements of and is in |
2 | conformance with section 1 of Article XI of the Constitution of |
3 | Pennsylvania and which occurs at least three months after the |
4 | proposed constitutional amendments are passed by the General |
5 | Assembly. |
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