THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 2009  

A JOINT RESOLUTION

Proposing integrated amendments to the Constitution of the

Commonwealth of Pennsylvania, providing for hearing and

deciding cases involving dissolution of marriage, custody,

child support, spousal support, alimony, equitable division

of marital property and related family law matters.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1.  The following integrated amendments to the

Constitution of Pennsylvania are proposed in accordance with

Article XI:

(1)  That section 5 of Article V be amended to read:

§ 5.  Courts of common pleas.

There shall be one court of common pleas for each judicial

district (a) having such divisions and consisting of such number

of judges as shall be provided by law, one of whom shall be the

president judge; and

(b)  having unlimited original jurisdiction in all cases

except as may otherwise be provided by law[.]; and

(c)  having a procedure for the disposition of cases

involving dissolution of marriage, custody, child support,

spousal support, alimony, alimony pendente lite, equitable

division of marital property and related family law matters as

provided by statute; and

(d)  having a family resource center as provided by statute;

and

(e)  having educational requirements for judges and family

law masters and mediators as provided by statute.

(2)  That section 10(c) of Article V be amended to read:

§ 10.  Judicial administration.

* * *

(c)  The Supreme Court shall have the power to prescribe

general rules governing practice, procedure and the conduct of

all courts, justices of the peace and all officers serving

process or enforcing orders, judgments or decrees of any court

or justice of the peace, including the power to provide for

assignment and reassignment of classes of actions or classes of

appeals among the several courts as the needs of justice shall

require, and for admission to the bar and to practice law, and

the administration of all courts and supervision of all officers

of the Judicial Branch, if such rules are consistent with this

Constitution and neither abridge, enlarge nor modify the

substantive rights of any litigant, nor affect the right of the

General Assembly to determine the jurisdiction of any court or

justice of the peace, nor suspend nor alter any statute of

limitation or repose. [All] Except for statutes enacted pursuant

to section 5 of this article, all laws shall be suspended to the

extent that they are inconsistent with rules prescribed under

these provisions. Notwithstanding the provisions of this

section, the General Assembly may by statute provide for the

manner of testimony of child victims or child material witnesses

in criminal proceedings, including the use of videotaped

depositions or testimony by closed-circuit television.

* * *

(3)  That section 18(a)(7), (8) and (9), (b)(5), (c)(1), (3)

and (4) and (d) introductory paragraph and (1), (2) and (3) of

Article V be amended to read:

§ 18.  Suspension, removal, discipline and other sanctions.

(a)  There shall be an independent board within the Judicial

Branch, known as the Judicial Conduct Board, the composition,

powers and duties of which shall be as follows:

* * *

(7)  The board shall receive and investigate complaints

regarding judicial conduct filed by individuals or initiated by

the board against a justice, judge, justice of the peace or

family law master; issue subpoenas to compel testimony under

oath of witnesses, including the subject of the investigation,

and to compel the production of documents, books, accounts and

other records relevant to the investigation; determine whether

there is probable cause to file formal charges against a

justice, judge [or], justice of the peace or family law master 

for conduct proscribed by this section; and present the case in

support of the charges before the Court of Judicial Discipline.

(8)  Complaints filed with the board or initiated by the

board shall not be public information. Statements, testimony,

documents, records or other information or evidence acquired by

the board in the conduct of an investigation shall not be public

information. A justice, judge [or], justice of the peace or

family law master who is the subject of a complaint filed with

the board or initiated by the board or of an investigation

conducted by the board shall be apprised of the nature and

content of the complaint and afforded an opportunity to respond

fully to the complaint prior to any probable cause determination

by the board. All proceedings of the board shall be confidential

except when the subject of the investigation waives

confidentiality. If, independent of any action by the board, the

fact that an investigation by the board is in progress becomes a

matter of public record, the board may, at the direction of the

subject of the investigation, issue a statement to confirm that

the investigation is in progress, to clarify the procedural

aspects of the proceedings, to explain the rights of the subject

of the investigation to a fair hearing without prejudgment or to

provide the response of the subject of the investigation to the

complaint. In acting to dismiss a complaint for lack of probable

cause to file formal charges, the board may, at its discretion,

issue a statement or report to the complainant or to the subject

of the complaint, which may contain the identity of the

complainant, the identity of the subject of the complaint, the

contents and nature of the complaint, the actions taken in the

conduct of the investigation and the results and conclusions of

the investigation. The board may include with a report a copy of

information or evidence acquired in the course of the

investigation.

(9)  If the board finds probable cause to file formal charges

concerning mental or physical disability against a justice,

judge [or], justice of the peace or family law master, the board

shall so notify the subject of the charges and provide the

subject with an opportunity to resign from [judicial] his office

or, when appropriate, to enter a rehabilitation program prior to

the filing of the formal charges with the Court of Judicial

Discipline.

* * *

(b)  There shall be a Court of Judicial Discipline, the

composition, powers and duties of which shall be as follows:

* * *

(5)  Upon the filing of formal charges with the court by the

board, the court shall promptly schedule a hearing or hearings

to determine whether a sanction should be imposed against a

justice, judge [or], justice of the peace or family law master 

pursuant to the provisions of this section. The court shall be a

court of record, with all the attendant duties and powers

appropriate to its function. Formal charges filed with the court

shall be a matter of public record. All hearings conducted by

the court shall be public proceedings conducted pursuant to the

rules adopted by the court and in accordance with the principles

of due process and the law of evidence. Parties appearing before

the court shall have a right to discovery pursuant to the rules

adopted by the court and shall have the right to subpoena

witnesses and to compel the production of documents, books,

accounts and other records as relevant. The subject of the

charges shall be presumed innocent in any proceeding before the

court, and the board shall have the burden of proving the

charges by clear and convincing evidence. All decisions of the

court shall be in writing and shall contain findings of fact and

conclusions of law. A decision of the court may order removal

from office, suspension, censure or other discipline as

authorized by this section and as warranted by the record.

* * *

(c)  Decisions of the court shall be subject to review as

follows:

(1)  A justice, judge [or], justice of the peace or family

law master shall have the right to appeal a final adverse order

of discipline of the court. A judge [or], justice of the peace

or family law master shall have the right to appeal to the

Supreme Court in a manner consistent with rules adopted by the

Supreme Court; a justice shall have the right to appeal to a

special tribunal composed of seven judges, other than senior

judges, chosen by lot from the judges of the Superior Court and

Commonwealth Court who do not sit on the Court of Judicial

Discipline or the board, in a manner consistent with rules

adopted by the Supreme Court. The special tribunal shall hear

and decide the appeal in the same manner in which the Supreme

Court would hear and decide an appeal from an order of the

court.

* * *

(3)  An order of the court which dismisses a complaint

against a judge [or], justice of the peace or family law master 

may be appealed by the board to the Supreme Court, but the

appeal shall be limited to questions of law. An order of the

court which dismisses a complaint against a justice of the

Supreme Court may be appealed by the board to a special tribunal

in accordance with paragraph (1), but the appeal shall be

limited to questions of law.

(4)  No justice, judge [or], justice of the peace or family

law master may participate as a member of the board, the court,

a special tribunal or the Supreme Court in any proceeding in

which the justice, judge or justice of the peace is a

complainant, the subject of a complaint, a party or a witness.

(d)  A justice, judge [or], justice of the peace or family

law master shall be subject to disciplinary action pursuant to

this section as follows:

(1)  A justice, judge [or], justice of the peace or family

law master may be suspended, removed from office or otherwise

disciplined for conviction of a felony; [violation of section 17

of this article;] misconduct in office; neglect or failure to

perform the duties of office or conduct which prejudices the

proper administration of justice or brings the judicial office

into disrepute, whether or not the conduct occurred while acting

in a judicial capacity or is prohibited by law; or conduct in

violation of a canon or rule prescribed by the Supreme Court. A

justice, judge or justice of the peace may be suspended, removed

from office or otherwise disciplined for a violation of section

17 of this article. A judge or family law master may be

suspended or removed from office for failure to complete

judicial education requirements as provided by statute. In the

case of a mentally or physically disabled justice, judge [or], 

justice of the peace or family law master, the court may enter

an order of removal from office, retirement, suspension or other

limitations on the activities of the justice, judge [or], 

justice of the peace or family law master as warranted by the

record. Upon a final order of the court for suspension without

pay or removal, prior to any appeal, the justice, judge [or], 

justice of the peace or family law master shall be suspended or

removed from office; and the salary of the justice, judge [or], 

justice of the peace or family law master shall cease from the

date of the order.

(2)  Prior to a hearing, the court may issue an interim order

directing the suspension, with or without pay, of any justice,

judge [or], justice of the peace or family law master against

whom formal charges have been filed with the court by the board

or against whom has been filed an indictment or information

charging a felony. An interim order under this paragraph shall

not be considered a final order from which an appeal may be

taken.

(3)  A justice, judge [or], justice of the peace or family

law master convicted of misbehavior in office by a court,

disbarred as a member of the bar of the Supreme Court or removed

under this section shall forfeit automatically his judicial

office and thereafter be ineligible for judicial office.

* * *

Section 2.  (a)  Upon the first passage by the General

Assembly of these proposed constitutional amendments, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of these proposed constitutional amendments.

(b)  Upon the second passage by the General Assembly of these

proposed constitutional amendments, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

these proposed constitutional amendments. The Secretary of the

Commonwealth shall submit the proposed constitutional amendments

under section 1 to the qualified electors of this Commonwealth

as a single ballot question at the first primary, general or

municipal election which meets the requirements of and is in

conformance with section 1 of Article XI of the Constitution of

Pennsylvania and which occurs at least three months after the

proposed constitutional amendments are passed by the General

Assembly.