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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SCHRODER, CUTLER, BAKER, BARRAR, BOYD, COHEN, D. COSTA, DENLINGER, GEIST, GINGRICH, GRELL, GROVE, MUNDY, MURT, QUINN, RAPP, SWANGER, TOEPEL, VULAKOVICH AND WATSON, MARCH 4, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 4, 2011 |
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| A JOINT RESOLUTION |
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1 | Proposing integrated amendments to the Constitution of the |
2 | Commonwealth of Pennsylvania, further providing for |
3 | suspension, removal, discipline and other sanctions within |
4 | the Judiciary, for the Judicial Conduct Board and the Court |
5 | of Judicial Discipline. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby resolves as follows: |
8 | Section 1. The following amendments to the Constitution of |
9 | Pennsylvania are proposed in accordance with Article XI: |
10 | (1) That section 18 of Article V be amended to read: |
11 | [§ 18. Suspension, removal, discipline and other sanctions. |
12 | (a) There shall be an independent board within the Judicial |
13 | Branch, known as the Judicial Conduct Board, the composition, |
14 | powers and duties of which shall be as follows: |
15 | (1) The board shall be composed of 12 members, as follows: |
16 | two judges, other than senior judges, one from the courts of |
17 | common pleas and the other from either the Superior Court or the |
18 | Commonwealth Court, one justice of the peace who need not be a |
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1 | member of the bar of the Supreme Court, three non-judge members |
2 | of the bar of the Supreme Court and six non-lawyer electors. |
3 | (2) The judge from either the Superior Court or the |
4 | Commonwealth Court, the justice of the peace, one non-judge |
5 | member of the bar of the Supreme Court and three non-lawyer |
6 | electors shall be appointed to the board by the Supreme Court. |
7 | The judge from the courts of common pleas, two non-judge members |
8 | of the bar of the Supreme Court and three non-lawyer electors |
9 | shall be appointed to the board by the Governor. |
10 | (3) Except for the initial appointees whose terms shall be |
11 | provided by the schedule to this article, the members shall |
12 | serve for terms of four years. All members must be residents of |
13 | this Commonwealth. No more than three of the six members |
14 | appointed by the Supreme Court may be registered in the same |
15 | political party. No more than three of the six members appointed |
16 | by the Governor may be registered in the same political party. |
17 | Membership of a judge or justice of the peace shall terminate if |
18 | the member ceases to hold the judicial position that qualified |
19 | the member for the appointment. Membership shall terminate if a |
20 | member attains a position that would have rendered the member |
21 | ineligible for appointment at the time of the appointment. A |
22 | vacancy shall be filled by the respective appointing authority |
23 | for the remainder of the term to which the member was appointed. |
24 | No member may serve more than four consecutive years but may be |
25 | reappointed after a lapse of one year. The Governor shall |
26 | convene the board for its first meeting. At that meeting and |
27 | annually thereafter, the members of the board shall elect a |
28 | chairperson. The board shall act only with the concurrence of a |
29 | majority of its members. |
30 | (4) No member of the board, during the member's term, may |
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1 | hold office in a political party or political organization. |
2 | Except for a judicial member, no member of the board, during the |
3 | member's term, may hold a compensated public office or public |
4 | appointment. All members shall be reimbursed for expenses |
5 | necessarily incurred in the discharge of their official duties. |
6 | (5) The board shall prescribe general rules governing the |
7 | conduct of members. A member may be removed by the board for a |
8 | violation of the rules governing the conduct of members. |
9 | (6) The board shall appoint a chief counsel and other staff, |
10 | prepare and administer its own budget as provided by law, |
11 | exercise supervisory and administrative authority over all board |
12 | staff and board functions, establish and promulgate its own |
13 | rules of procedure, prepare and disseminate an annual report and |
14 | take other actions as are necessary to ensure its efficient |
15 | operation. The budget request of the board shall be made by the |
16 | board as a separate item in the request submitted by the Supreme |
17 | Court on behalf of the Judicial Branch to the General Assembly. |
18 | (7) The board shall receive and investigate complaints |
19 | regarding judicial conduct filed by individuals or initiated by |
20 | the board; issue subpoenas to compel testimony under oath of |
21 | witnesses, including the subject of the investigation, and to |
22 | compel the production of documents, books, accounts and other |
23 | records relevant to the investigation; determine whether there |
24 | is probable cause to file formal charges against a justice, |
25 | judge or justice of the peace for conduct proscribed by this |
26 | section; and present the case in support of the charges before |
27 | the Court of Judicial Discipline. |
28 | (8) Complaints filed with the board or initiated by the |
29 | board shall not be public information. Statements, testimony, |
30 | documents, records or other information or evidence acquired by |
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1 | the board in the conduct of an investigation shall not be public |
2 | information. A justice, judge or justice of the peace who is the |
3 | subject of a complaint filed with the board or initiated by the |
4 | board or of an investigation conducted by the board shall be |
5 | apprised of the nature and content of the complaint and afforded |
6 | an opportunity to respond fully to the complaint prior to any |
7 | probable cause determination by the board. All proceedings of |
8 | the board shall be confidential except when the subject of the |
9 | investigation waives confidentiality. If, independent of any |
10 | action by the board, the fact that an investigation by the board |
11 | is in progress becomes a matter of public record, the board may, |
12 | at the direction of the subject of the investigation, issue a |
13 | statement to confirm that the investigation is in progress, to |
14 | clarify the procedural aspects of the proceedings, to explain |
15 | the rights of the subject of the investigation to a fair hearing |
16 | without prejudgment or to provide the response of the subject of |
17 | the investigation to the complaint. In acting to dismiss a |
18 | complaint for lack of probable cause to file formal charges, the |
19 | board may, at its discretion, issue a statement or report to the |
20 | complainant or to the subject of the complaint, which may |
21 | contain the identity of the complainant, the identity of the |
22 | subject of the complaint, the contents and nature of the |
23 | complaint, the actions taken in the conduct of the investigation |
24 | and the results and conclusions of the investigation. The board |
25 | may include with a report a copy of information or evidence |
26 | acquired in the course of the investigation. |
27 | (9) If the board finds probable cause to file formal charges |
28 | concerning mental or physical disability against a justice, |
29 | judge or justice of the peace, the board shall so notify the |
30 | subject of the charges and provide the subject with an |
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1 | opportunity to resign from judicial office or, when appropriate, |
2 | to enter a rehabilitation program prior to the filing of the |
3 | formal charges with the Court of Judicial Discipline. |
4 | (10) Members of the board and its chief counsel and staff |
5 | shall be absolutely immune from suit for all conduct in the |
6 | course of their official duties. No civil action or disciplinary |
7 | complaint predicated upon the filing of a complaint or other |
8 | documents with the board or testimony before the board may be |
9 | maintained against any complainant, witness or counsel. |
10 | (b) There shall be a Court of Judicial Discipline, the |
11 | composition, powers and duties of which shall be as follows: |
12 | (1) The court shall be composed of a total of eight members |
13 | as follows: three judges other than senior judges from the |
14 | courts of common pleas, the Superior Court or the Commonwealth |
15 | Court, one justice of the peace, two non-judge members of the |
16 | bar of the Supreme Court and two non-lawyer electors. Two |
17 | judges, the justice of the peace and one non-lawyer elector |
18 | shall be appointed to the court by the Supreme Court. One judge, |
19 | the two non-judge members of the bar of the Supreme Court and |
20 | one non-lawyer elector shall be appointed to the court by the |
21 | Governor. |
22 | (2) Except for the initial appointees whose terms shall be |
23 | provided by the schedule to this article, each member shall |
24 | serve for a term of four years; however, the member, rather than |
25 | the member's successor, shall continue to participate in any |
26 | hearing in progress at the end of the member's term. All members |
27 | must be residents of this Commonwealth. No more than two of the |
28 | members appointed by the Supreme Court may be registered in the |
29 | same political party. No more than two of the members appointed |
30 | by the Governor may be registered in the same political party. |
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1 | Membership of a judge or justice of the peace shall terminate if |
2 | the judge or justice of the peace ceases to hold the judicial |
3 | position that qualified the judge or justice of the peace for |
4 | appointment. Membership shall terminate if a member attains a |
5 | position that would have rendered that person ineligible for |
6 | appointment at the time of the appointment. A vacancy on the |
7 | court shall be filled by the respective appointing authority for |
8 | the remainder of the term to which the member was appointed in |
9 | the same manner in which the original appointment occurred. No |
10 | member of the court may serve more than four consecutive years |
11 | but may be reappointed after a lapse of one year. |
12 | (3) The court shall prescribe general rules governing the |
13 | conduct of members. A member may be removed by the court for a |
14 | violation of the rules of conduct prescribed by the court. No |
15 | member, during the member's term of service, may hold office in |
16 | any political party or political organization. Except for a |
17 | judicial member, no member of the court, during the member's |
18 | term of service, may hold a compensated public office or public |
19 | appointment. All members of the court shall be reimbursed for |
20 | expenses necessarily incurred in the discharge of their official |
21 | duties. |
22 | (4) The court shall appoint staff and prepare and administer |
23 | its own budget as provided by law and undertake actions needed |
24 | to ensure its efficient operation. All actions of the court, |
25 | including disciplinary action, shall require approval by a |
26 | majority vote of the members of the court. The budget request of |
27 | the court shall be made as a separate item in the request by the |
28 | Supreme Court on behalf of the Judicial Branch to the General |
29 | Assembly. The court shall adopt rules to govern the conduct of |
30 | proceedings before the court. |
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1 | (5) Upon the filing of formal charges with the court by the |
2 | board, the court shall promptly schedule a hearing or hearings |
3 | to determine whether a sanction should be imposed against a |
4 | justice, judge or justice of the peace pursuant to the |
5 | provisions of this section. The court shall be a court of |
6 | record, with all the attendant duties and powers appropriate to |
7 | its function. Formal charges filed with the court shall be a |
8 | matter of public record. All hearings conducted by the court |
9 | shall be public proceedings conducted pursuant to the rules |
10 | adopted by the court and in accordance with the principles of |
11 | due process and the law of evidence. Parties appearing before |
12 | the court shall have a right to discovery pursuant to the rules |
13 | adopted by the court and shall have the right to subpoena |
14 | witnesses and to compel the production of documents, books, |
15 | accounts and other records as relevant. The subject of the |
16 | charges shall be presumed innocent in any proceeding before the |
17 | court, and the board shall have the burden of proving the |
18 | charges by clear and convincing evidence. All decisions of the |
19 | court shall be in writing and shall contain findings of fact and |
20 | conclusions of law. A decision of the court may order removal |
21 | from office, suspension, censure or other discipline as |
22 | authorized by this section and as warranted by the record. |
23 | (6) Members of the court and the court's staff shall be |
24 | absolutely immune from suit for all conduct in the course of |
25 | their official duties, and no civil action or disciplinary |
26 | complaint predicated on testimony before the court may be |
27 | maintained against any witness or counsel. |
28 | (c) Decisions of the court shall be subject to review as |
29 | follows: |
30 | (1) A justice, judge or justice of the peace shall have the |
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1 | right to appeal a final adverse order of discipline of the |
2 | court. A judge or justice of the peace shall have the right to |
3 | appeal to the Supreme Court in a manner consistent with rules |
4 | adopted by the Supreme Court; a justice shall have the right to |
5 | appeal to a special tribunal composed of seven judges, other |
6 | than senior judges, chosen by lot from the judges of the |
7 | Superior Court and Commonwealth Court who do not sit on the |
8 | Court of Judicial Discipline or the board, in a manner |
9 | consistent with rules adopted by the Supreme Court. The special |
10 | tribunal shall hear and decide the appeal in the same manner in |
11 | which the Supreme Court would hear and decide an appeal from an |
12 | order of the court. |
13 | (2) On appeal, the Supreme Court or special tribunal shall |
14 | review the record of the proceedings of the court as follows: on |
15 | the law, the scope of review is plenary; on the facts, the scope |
16 | of review is clearly erroneous; and, as to sanctions, the scope |
17 | of review is whether the sanctions imposed were lawful. The |
18 | Supreme Court or special tribunal may revise or reject an order |
19 | of the court upon a determination that the order did not sustain |
20 | this standard of review; otherwise, the Supreme Court or special |
21 | tribunal shall affirm the order of the court. |
22 | (3) An order of the court which dismisses a complaint |
23 | against a judge or justice of the peace may be appealed by the |
24 | board to the Supreme Court, but the appeal shall be limited to |
25 | questions of law. An order of the court which dismisses a |
26 | complaint against a justice of the Supreme Court may be appealed |
27 | by the board to a special tribunal in accordance with paragraph |
28 | (1), but the appeal shall be limited to questions of law. |
29 | (4) No justice, judge or justice of the peace may |
30 | participate as a member of the board, the court, a special |
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1 | tribunal or the Supreme Court in any proceeding in which the |
2 | justice, judge or justice of the peace is a complainant, the |
3 | subject of a complaint, a party or a witness. |
4 | (d) A justice, judge or justice of the peace shall be |
5 | subject to disciplinary action pursuant to this section as |
6 | follows: |
7 | (1) A justice, judge or justice of the peace may be |
8 | suspended, removed from office or otherwise disciplined for |
9 | conviction of a felony; violation of section 17 of this article; |
10 | misconduct in office; neglect or failure to perform the duties |
11 | of office or conduct which prejudices the proper administration |
12 | of justice or brings the judicial office into disrepute, whether |
13 | or not the conduct occurred while acting in a judicial capacity |
14 | or is prohibited by law; or conduct in violation of a canon or |
15 | rule prescribed by the Supreme Court. In the case of a mentally |
16 | or physically disabled justice, judge or justice of the peace, |
17 | the court may enter an order of removal from office, retirement, |
18 | suspension or other limitations on the activities of the |
19 | justice, judge or justice of the peace as warranted by the |
20 | record. Upon a final order of the court for suspension without |
21 | pay or removal, prior to any appeal, the justice, judge or |
22 | justice of the peace shall be suspended or removed from office; |
23 | and the salary of the justice, judge or justice of the peace |
24 | shall cease from the date of the order. |
25 | (2) Prior to a hearing, the court may issue an interim order |
26 | directing the suspension, with or without pay, of any justice, |
27 | judge or justice of the peace against whom formal charges have |
28 | been filed with the court by the board or against whom has been |
29 | filed an indictment or information charging a felony. An interim |
30 | order under this paragraph shall not be considered a final order |
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1 | from which an appeal may be taken. |
2 | (3) A justice, judge or justice of the peace convicted of |
3 | misbehavior in office by a court, disbarred as a member of the |
4 | bar of the Supreme Court or removed under this section shall |
5 | forfeit automatically his judicial office and thereafter be |
6 | ineligible for judicial office. |
7 | (4) A justice, judge or justice of the peace who files for |
8 | nomination for or election to any public office other than a |
9 | judicial office shall forfeit automatically his judicial office. |
10 | (5) This section is in addition to and not in substitution |
11 | for the provisions for impeachment for misbehavior in office |
12 | contained in Article VI. No justice, judge or justice of the |
13 | peace against whom impeachment proceedings are pending in the |
14 | Senate shall exercise any of the duties of office until |
15 | acquittal.] |
16 | (2) That Article V be amended by adding sections to read: |
17 | § 19. Judicial Conduct Board. |
18 | (a) There shall be a Judicial Conduct Board within the |
19 | Executive Department, which shall be composed of a total of 11 |
20 | members as follows: one active judge of a court of common pleas |
21 | appointed by the Supreme Court; one active judge from either the |
22 | Superior Court or the Commonwealth Court appointed by the |
23 | Supreme Court; one active magisterial district judge appointed |
24 | by the Supreme Court; two non-judge members of the bar of the |
25 | Supreme Court appointed by the Governor; and six non-lawyer |
26 | electors appointed by the Governor. All members of the Judicial |
27 | Conduct Board shall be appointed by the respective appointing |
28 | authority with the advice and consent of a majority of the |
29 | members elected in the Senate in the manner provided in section |
30 | 8 of Article IV. |
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1 | (b) Except for the initial appointees whose terms shall be |
2 | provided by the schedule to this amendment, the members shall |
3 | serve for terms of four years, provided that a member, rather |
4 | than the member's successor, shall continue to participate in |
5 | any hearing in progress at the end of the member's term. All |
6 | members shall be residents of this Commonwealth, and no more |
7 | than six of the 11 members shall be registered in the same |
8 | political party. Membership of a judge or magisterial district |
9 | judge shall terminate if the member ceases to hold the judicial |
10 | position that qualified the member for the appointment. |
11 | Membership shall also terminate if a member attains a position |
12 | that would have rendered the member ineligible for appointment |
13 | at the time of the appointment. A vacancy on the board shall be |
14 | filled by the respective appointing authority for the balance of |
15 | the term. The Governor may remove any member only for cause. No |
16 | member shall serve more than four consecutive years but may be |
17 | reappointed after the lapse of one year. The Governor shall |
18 | convene the board for its first meeting. At that meeting, and |
19 | annually thereafter, the members of the board shall elect a |
20 | chairperson. The board shall act only with the concurrence of a |
21 | majority of its members. |
22 | (c) No member of the board, during the member's term, shall |
23 | hold office in a political party or political organization. |
24 | Except for a judicial member, no member of the board, during the |
25 | member's term of service, may hold a public office or public |
26 | appointment, compensated or uncompensated. All members shall be |
27 | reimbursed for expenses necessarily incurred in the discharge of |
28 | their official duties. |
29 | (d) The board shall receive and investigate complaints |
30 | regarding judicial conduct filed by individuals or initiated by |
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1 | the board; promulgate rules for determining whether a complaint |
2 | is reasonably based; issue subpoenas to compel testimony under |
3 | oath of witnesses, including the subject of the investigation, |
4 | and to compel the production of documents, books, accounts or |
5 | other records relevant to the investigation; determine whether |
6 | there is probable cause to file formal charges against a |
7 | justice, judge or magisterial district judge, for conduct |
8 | proscribed in section 17 and section 20(a) of this article, a |
9 | finding of which shall require approval by a majority vote of |
10 | the Judicial Conduct Board; and present the case in support of |
11 | such charges to the Court of Judicial Discipline. |
12 | (e) The board, by a majority vote, shall appoint a chief |
13 | counsel and other staff, prepare and administer its own budget |
14 | as provided by law, exercise supervisory and administrative |
15 | authority over all board staff and board functions, establish |
16 | and promulgate its own rules of procedure, and prepare and |
17 | disseminate an annual report. The budget request of the board |
18 | shall be made separately to the General Assembly. |
19 | (f) The justice, judge or magisterial district judge whose |
20 | conduct is the subject of an investigation by the board shall be |
21 | given an opportunity to fully respond to the complaint. |
22 | (g) Until a determination of probable cause has been made |
23 | and formal charges have been filed, all proceedings shall be |
24 | confidential except when the subject of the investigation waives |
25 | confidentiality. If, independent of any action by the board, the |
26 | fact that an investigation is in progress becomes public, the |
27 | board may, at the direction of the subject of the investigation, |
28 | issue a statement to confirm the pendency of the investigation |
29 | to clarify the procedural aspects of the proceedings, to explain |
30 | the right of the subject of the investigation to a fair hearing |
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1 | without prejudgment or to provide the response of the subject of |
2 | the investigation to the complaint. |
3 | (h) If the board finds probable cause to file formal charges |
4 | concerning mental or physical disability against a justice, |
5 | judge or magisterial district judge, the board shall so notify |
6 | the subject of the charges and provide the subject with an |
7 | opportunity to resign from judicial office or, when appropriate, |
8 | to enter a rehabilitation program prior to the filing of formal |
9 | charges with the Court of Judicial Discipline. |
10 | (i) Members of the board and its chief counsel and staff |
11 | shall be absolutely immune from suit for all conduct in the |
12 | course of their official duties. No civil action or disciplinary |
13 | complaint predicated upon the filing of a complaint or other |
14 | documents with the board or testimony before the board may be |
15 | maintained against any complainant, witness or counsel. |
16 | § 20. Court of Judicial Discipline. |
17 | (a) There shall be a Court of Judicial Discipline within the |
18 | Judicial Department, which shall be composed of seven members as |
19 | follows: one active judge of a court of common pleas; one active |
20 | judge from either the Superior Court or the Commonwealth Court; |
21 | one active magisterial district judge; one non-judge member of |
22 | the bar of the Supreme Court; and three non-lawyer electors. |
23 | Members of the Court of Judicial Discipline shall be appointed |
24 | by the Governor with the advice and consent of a majority of the |
25 | members elected to the Senate in the manner provided by section |
26 | 8 of Article IV. |
27 | (b) Except for the initial appointees whose terms shall be |
28 | provided by the schedule to this article, each member shall |
29 | serve for a term of four years; however, the member, rather than |
30 | the member's successor, shall continue to participate in any |
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1 | hearing in progress at the end of the member's term. All members |
2 | shall be residents of this Commonwealth, and no more than four |
3 | of the seven members shall be registered to the same political |
4 | party. Membership of a judge or magisterial district judge shall |
5 | terminate if the member ceases to hold the judicial position |
6 | that qualified the member for the appointment. Membership shall |
7 | also terminate if a member attains a position that would have |
8 | rendered the member ineligible for appointment at the time of |
9 | the appointment. A vacancy on the court shall be filled by the |
10 | Governor for the balance of the term. The Governor may remove |
11 | any member only for cause. No member shall serve more than four |
12 | consecutive years but may be reappointed after a lapse of one |
13 | year. |
14 | (c) The court shall prescribe general rules governing the |
15 | conduct of its members. No member of the Court of Judicial |
16 | Discipline, during the member's term, shall hold office in a |
17 | political party or political organization. Except for a judicial |
18 | member, no member of the court, during the member's term of |
19 | service, may hold a public office or public appointment, |
20 | compensated or uncompensated. All members of the court shall be |
21 | reimbursed for expenses necessarily incurred in the discharge of |
22 | their official duties. |
23 | (d) The court shall appoint staff and prepare and administer |
24 | its own budget as provided by law and undertake actions needed |
25 | to ensure its efficient operations. All actions of the court, |
26 | including disciplinary action, shall require the approval by a |
27 | majority vote of the members of the court. The court shall adopt |
28 | rules to govern the conduct of proceedings before the court. The |
29 | budget request of the court shall be made separately to the |
30 | General Assembly. |
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1 | (e) Upon the filing of formal charges by the Judicial |
2 | Conduct Board, the court shall promptly schedule a hearing or |
3 | hearings to determine whether a sanction pursuant to the |
4 | provisions of this section should be imposed against a justice, |
5 | judge or magisterial district judge. The court shall be a court |
6 | of record with all the attendant duties and powers appropriate |
7 | to its function. Formal charges filed with the court shall be a |
8 | matter of public record. All hearings conducted by the court |
9 | shall be public proceedings conducted pursuant to the rules |
10 | adopted by the court and in accordance with the principles of |
11 | due process and the law of evidence. Parties appearing before |
12 | the court shall have the right to discovery pursuant to rules |
13 | adopted by the court and shall have the right to subpoena |
14 | witnesses and to compel the production of documents, books, |
15 | accounts and other records as relevant. The subject of the |
16 | charges shall be presumed innocent in any proceeding before the |
17 | court, and the board shall have the burden of proving the |
18 | charges by clear and convincing evidence. All decisions of the |
19 | court shall be in writing and shall contain findings of fact and |
20 | conclusions of law. A decision of the court may order removal |
21 | from office, suspension, censure or other discipline as |
22 | authorized by this section and as warranted by the record. |
23 | (f) Members of the court and the court's staff shall be |
24 | absolutely immune from suit for all conduct in the course of |
25 | their official duties. No civil action or disciplinary complaint |
26 | predicated on testimony before the court may be maintained |
27 | against any witness or counsel. |
28 | § 21. Proscribed conduct and sanctions. |
29 | (a) Under the procedures prescribed herein, any justice, |
30 | judge or magisterial district judge may be suspended, removed |
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1 | from office, censured or otherwise disciplined for violation of |
2 | section 17 of this article, misconduct in office, neglect or |
3 | failure to perform the duties of office or conduct which |
4 | prejudices the proper administration of justice or brings the |
5 | judicial office into disrepute, whether or not the conduct |
6 | occurred while acting in a judicial capacity or is prohibited by |
7 | law; or for conduct in violation of a canon or rule prescribed |
8 | by the Supreme Court. |
9 | (b) The Court of Judicial Discipline shall, until there is |
10 | an acquittal or conviction for a felony offense, order suspended |
11 | without pay any justice, judge or magisterial district judge |
12 | against whom there has been filed an indictment or information |
13 | charging a felony. An interim order of suspension, with or |
14 | without pay, may be entered against a justice, judge or |
15 | magisterial district judge against whom charges have been filed |
16 | with the Court of Judicial Discipline by the Judicial Conduct |
17 | Board. The order shall not be immediately appealable. |
18 | (c) In the case of a mentally or physically disabled |
19 | justice, judge or magisterial district judge, the Court of |
20 | Judicial Discipline may enter an order of removal from office, |
21 | retirement, suspension or other limitations on the activities of |
22 | the justice, judge or magisterial district judge as warranted by |
23 | the record. |
24 | (d) The Court of Judicial Discipline may order suspended, |
25 | with or without pay, any justice, judge or magisterial district |
26 | judge after a determination that the continued service of the |
27 | justice, judge or magisterial district judge poses a substantial |
28 | or imminent threat to the fair and impartial administration of |
29 | justice. |
30 | (e) Upon a final order of the court for suspension without |
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1 | pay or removal, prior to any appeal, the justice, judge or |
2 | magisterial district judge shall be suspended or removed from |
3 | office and the salary of the justice, judge or magisterial |
4 | district judge shall cease from the date of the order. |
5 | (f) A justice, judge or magisterial district judge convicted |
6 | of misbehavior in office by a court, disbarred as a member of |
7 | the bar of the Supreme Court or removed under this section shall |
8 | forfeit automatically his judicial office and thereafter be |
9 | ineligible for judicial office. |
10 | (g) A justice, judge or magisterial district judge who files |
11 | for nomination for or election to any public office other than a |
12 | judicial office shall forfeit automatically his judicial office. |
13 | (h) This section is in addition to and not in substitution |
14 | for the provisions for impeachment for misbehavior in office |
15 | contained in Article IV. No justice, judge or magisterial |
16 | district judge against whom impeachment proceedings are pending |
17 | in the Senate shall exercise any of the duties of office until |
18 | acquittal. |
19 | § 22. Review of Court of Judicial Discipline. |
20 | (a) A justice, judge or magisterial district judge shall |
21 | have the right to appeal a final adverse order of discipline of |
22 | the court. A judge or magisterial district judge shall have the |
23 | right to appeal to the Supreme Court in a manner consistent with |
24 | rules adopted by the Supreme Court. A justice shall have the |
25 | right to appeal to a special tribunal composed of seven judges, |
26 | other than senior judges, chosen by lot from the judges of the |
27 | Superior Court and Commonwealth Court, who do not sit on the |
28 | Court of Judicial Discipline or the Judicial Conduct Board, in a |
29 | manner consistent with rules adopted by the Supreme Court. The |
30 | special tribunal shall hear and decide the appeal in the same |
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1 | manner in which the Supreme Court would hear and decide an |
2 | appeal from an order of court. |
3 | (b) On appeal, the Supreme Court or special tribunal shall |
4 | review the record of the proceedings of the court as follows: on |
5 | the law, the scope of review is plenary; on the facts, the scope |
6 | of review is clearly erroneous; and, as to sanctions, the scope |
7 | of review is whether the sanctions imposed were lawful. The |
8 | Supreme Court or special tribunal may revise or reject an order |
9 | of the court upon determination that the order did not sustain |
10 | this standard of review. Otherwise, the Supreme Court or special |
11 | tribunal shall affirm the order of the court. |
12 | (c) An order of court which dismisses a complaint against a |
13 | judge or magisterial district judge may be appealed by the board |
14 | to the Supreme Court, but the appeal shall be limited to |
15 | questions of law. An order of the court which dismisses a |
16 | complaint against a justice of the Supreme Court may be appealed |
17 | by the board to a special tribunal in accordance with subsection |
18 | (a), but the appeal shall be limited to questions of law. |
19 | (d) No justice, judge or magisterial district judge may |
20 | participate as a member of the board, the Court of Judicial |
21 | Discipline, a special tribunal or the Supreme Court in any |
22 | proceeding in which the justice, judge or magisterial district |
23 | judge is a complainant, the subject of a complaint, a party or a |
24 | witness. |
25 | Section 2. (a) The members of the Judicial Conduct Board |
26 | appointed heretofore shall vacate their office 60 days after the |
27 | issuance of the proclamation certifying voter approval of the |
28 | amendments to section 19 of Article V of the Constitution of |
29 | Pennsylvania and all proceedings pending before the board and |
30 | all records shall be transferred to the new members of the |
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1 | board. |
2 | (b) Of the members initially appointed to the Judicial |
3 | Conduct Board, the appellate court judge and the common pleas |
4 | court judge shall be appointed to serve four-year terms. The |
5 | magisterial district judge first appointed shall serve a three- |
6 | year term. The non-judge member of the bar of the Supreme Court |
7 | first appointed by the Governor shall serve a three-year term |
8 | and the second non-judge member shall serve a two-year term. Of |
9 | the non-lawyer electors appointed by the Governor, the first two |
10 | appointed shall serve four-year terms; the next one appointed |
11 | shall serve a three-year term; and the final three appointed |
12 | shall serve two-year terms. |
13 | (c) The members of the Court of Judicial Discipline shall |
14 | vacate their office 60 days after the issuance of the |
15 | proclamation certifying voter approval of the amendments adding |
16 | section 20 to Article V of the Constitution of Pennsylvania and |
17 | all proceedings pending before the court and all records shall |
18 | be transferred to the new members of the court. |
19 | (d) Of the members initially appointed to the Court of |
20 | Judicial Discipline, the Governor shall appoint three members |
21 | for terms of four years, two members for terms of three years |
22 | and two members for terms of two years. |
23 | Section 3. (a) Upon the first passage by the General |
24 | Assembly of these proposed constitutional amendments, the |
25 | Secretary of the Commonwealth shall proceed immediately to |
26 | comply with the advertising requirements of section 1 of Article |
27 | XI of the Constitution of Pennsylvania and shall transmit the |
28 | required advertisements to two newspapers in every county in |
29 | which such newspapers are published in sufficient time after |
30 | passage of these proposed constitutional amendments. |
|
1 | (b) Upon the second passage by the General Assembly of these |
2 | proposed constitutional amendments, the Secretary of the |
3 | Commonwealth shall proceed immediately to comply with the |
4 | advertising requirements of section 1 of Article XI of the |
5 | Constitution of Pennsylvania and shall transmit the required |
6 | advertisements to two newspapers in every county in which such |
7 | newspapers are published in sufficient time after passage of |
8 | these proposed constitutional amendments. The Secretary of the |
9 | Commonwealth shall submit these proposed constitutional |
10 | amendments as a single ballot question to the qualified electors |
11 | of this Commonwealth at the first primary, general or municipal |
12 | election which meets the requirements of and is in conformance |
13 | with section 1 of Article XI of the Constitution of Pennsylvania |
14 | and which occurs at least three months after these proposed |
15 | constitutional amendments are passed by the General Assembly. |
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