act-1993-0-56•Pennsylvania Act 1993-56 — JUDICIAL CODE (42 PA.C.S.) - AMEND
Pennsylvania Act 1993-56 — JUDICIAL CODE (42 PA.C.S.) - AMEND
act-1993-0-561993 Pa. Act 56Law
Act text
JUDICIAL CODE (42 PA.C.S.) - AMEND
Act of Jul. 2, 1993, P.L. 395, No. 56 Cl. 42
Session of 1993
No. 1993-56
AN ACT
HB 699
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, implementing the
constitutional amendment on judicial discipline; and further
providing for Commonwealth portion of fines, etc.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 725(2) of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 725. Direct appeals from constitutional and judicial
agencies.
The Supreme Court shall have exclusive jurisdiction of
appeals from final orders of the following constitutional and
judicial agencies:
* * *
(2) [Judicial Inquiry and Review Board.] Court of
Judicial Discipline, except matters within the exclusive
jurisdiction of a special tribunal as established under
section 18(c)(1) of Article V of the Constitution of
Pennsylvania.
* * *
Section 2. Title 42 is amended by adding a section to read:
§ 727. Special tribunal.
(a) General rule.--A justice seeking review of a decision of
the Court of Judicial Discipline pursuant to section 18 of
Article V of the Constitution of Pennsylvania shall so notify
the Court of Judicial Discipline.
(b) Establishment.--Upon receipt of notice under subsection
(a), the Court of Judicial Discipline shall notify the Secretary
of the Commonwealth who shall set a date within 20 days for the
selection of the special tribunal as set forth in section 18 of
Article V of the Constitution of Pennsylvania. At the time and
place fixed, the Secretary of the Commonwealth, in a manner
consistent with any applicable general rules, shall publicly
select by lot seven names from the members of the Superior Court
and the Commonwealth Court in regular active duty, except judges
then serving on the Court of Judicial Discipline or the Judicial
Conduct Board.
(c) Vacancies.--A vacancy on the special tribunal shall be
filled for the unexpired term in the manner provided under
subsection (b).
(d) Powers and duties.--The special tribunal shall review
the decision of the Court of Judicial Discipline as provided in
section 18 of Article V of the Constitution of Pennsylvania.
There shall be no right of appeal or other form of review from
the special tribunal.
Section 3. Subpart A of Part II of Title 42 is amended by
adding an article to read:
ARTICLE F
COURT OF JUDICIAL DISCIPLINE
Chapter
16. Court of Judicial Discipline of Pennsylvania
CHAPTER 16
COURT OF JUDICIAL DISCIPLINE OF PENNSYLVANIA
Sec.
1601. Court of Judicial Discipline.
1602. Composition of court.
1603. Organization and operation.
1604. Powers of Court of Judicial Discipline.
1605. Seat of court.
1606. Official immunity.
§ 1601. Court of Judicial Discipline.
In accordance with section 18 of Article V of the
Constitution of Pennsylvania, the Court of Judicial Discipline
shall consist of eight persons selected as provided in this
chapter.
§ 1602. Composition of court.
(a) General rule.--The Court of Judicial Discipline shall
consist of:
(1) Two judges of the Superior Court, the Commonwealth
Court or the courts of common pleas in regular active service
appointed by the Supreme Court.
(2) A district justice appointed by the Supreme Court.
(3) A nonlawyer elector appointed by the Supreme Court.
(4) A judge of the Superior Court, the Commonwealth
Court or the courts of common pleas in regular active service
appointed by the Governor.
(5) Two nonjudge members of the bar of this Commonwealth
appointed by the Governor.
(6) One nonlawyer elector appointed by the Governor.
(b) Qualifications.--All members of the court must be
residents of this Commonwealth. No more than two of the four
members appointed by the Supreme Court may be registered in the
same political party. No more than two of the four members
appointed by the Governor may be registered in the same
political party. Membership of a judge or district justice shall
terminate if the member ceases to hold the judicial position
that qualified the member for the appointment. Membership shall
terminate if a member attains a position that would have
rendered the member ineligible for appointment at the time of
the appointment. No member may serve more than four consecutive
years but may be reappointed after a lapse of one year.
(c) Terms of office.--The members of the court shall serve
for terms of four years, except that the member, rather than the
successor of the member, shall continue to participate in any
hearing in progress at the end of the term of the member.
(d) Vacancies.--A vacancy shall be filled by the respective
appointing authority for the remainder of the term to which the
member was appointed in the same manner in which the original
appointment occurred.
(e) Restrictions on activities of members.--No member,
during the member's term of service, may hold office in a
political party or political organization. Except for a judicial
member, no member of the court, during the term of service of
the member, may hold a compensated public office or public
appointment. The court shall prescribe general rules governing
the conduct of members. A member may be removed by the court for
a violation of the rules of conduct prescribed by the court.
(f) Expenses.--All members shall be reimbursed for expenses
necessarily incurred in the discharge of their official duties.
§ 1603. Organization and operation.
The Court of Judicial Discipline shall appoint staff and
prepare and administer its own budget as provided by law and
undertake actions needed to ensure its efficient operation. All
actions of the court, including disciplinary action, shall
require approval by a majority vote of the members of the court.
The budget request of the court shall be made as a separate item
in the request by the Supreme Court on behalf of the Judicial
Branch to the General Assembly.
§ 1604. Powers of Court of Judicial Discipline.
The Court of Judicial Discipline shall be a court of record
with all the attendant duties and powers appropriate to its
function as provided by section 18 of Article V of the
Constitution of Pennsylvania. The court shall comply with the
procedures set forth in section 18 of Article V.
§ 1605. Seat of court.
The regular sessions of the Court of Judicial Discipline
shall be held at the seat of government and elsewhere as
provided by rule of court.
§ 1606. Official immunity.
Members of the Court of Judicial Discipline and the staff of
the court shall be absolutely immune from suit for all conduct
in the course of their official duties, and no civil action or
disciplinary complaint predicated on testimony before the court
may be maintained against any witness or counsel.
Section 4. Section 1722(a)(3) of Title 42 is amended to
read:
§ 1722. Adoption of administrative and procedural rules.
(a) General rule.--The governing authority shall have the
power to prescribe and modify general rules governing:
* * *
(3) Procedure under section 18 of Article V of the
Constitution of Pennsylvania [and Subchapter C of Chapter 33
(relating to discipline and removal by Judicial Inquiry and
Review Board)].
* * *
Section 5. Subchapter A of Chapter 21 of Title 42 is
repealed.
Section 6. Chapter 21 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER A
JUDICIAL CONDUCT BOARD
Sec.
2101. Judicial Conduct Board.
2102. Composition of board.
2103. Organization.
2104. Staff and operations.
2105. Powers and duties.
2106. Official immunity.
§ 2101. Judicial Conduct Board.
(a) General rule.--In accordance with section 18 of Article
V of the Constitution of Pennsylvania, the Judicial Conduct
Board shall be an independent board within the Judicial Branch
and shall consist of 12 persons selected as provided in this
subchapter.
(b) Seal.--The Judicial Conduct Board shall have a seal
engraved with its name and such other inscription as may be
specified by board rule. A facsimile or preprinted seal may be
used for all purposes in lieu of the original seal.
§ 2102. Composition of board.
(a) General rule.--The Judicial Conduct Board shall consist
of:
(1) A judge of the Superior Court or the Commonwealth
Court in regular active service appointed by the Supreme
Court.
(2) A district justice, who need not be a member of the
bar of this Commonwealth, appointed by the Supreme Court.
(3) A nonjudge member of the bar of this Commonwealth
appointed by the Supreme Court.
(4) Three nonlawyer electors appointed by the Supreme
Court.
(5) A judge of the courts of common pleas in regular
active service appointed by the Governor.
(6) Two nonjudge members of the bar of this Commonwealth
appointed by the Governor.
(7) Three nonlawyer electors appointed by the Governor.
(b) Qualifications.--All members of the board must be
residents of this Commonwealth. No more than three of the six
members appointed by the Supreme Court may be registered in the
same political party. No more than three of the six members
appointed by the Governor may be registered in the same
political party. Membership of a judge or district justice shall
terminate if the member ceases to hold the judicial position
that qualified the member for the appointment. Membership shall
terminate if a member attains a position that would have
rendered the member ineligible for appointment at the time of
the appointment. No member may serve more than four consecutive
years but may be reappointed after a lapse of one year.
(c) Terms of office.--The members of the board shall serve
for terms of four years.
(d) Vacancies.--A vacancy shall be filled by the respective
appointing authority for the remainder of the term to which the
member was appointed.
(e) Restrictions on activities of members.--No member of the
board, during the member's term, may hold office in a political
party or political organization. Except for a judicial member,
no member of the board, during the member's term, may hold a
compensated public office or public appointment. The board shall
prescribe general rules governing the conduct of members. A
member may be removed by the board for a violation of the rules
governing the conduct of members.
(f) Expenses.--All members shall be reimbursed for expenses
necessarily incurred in the discharge of their official duties.
§ 2103. Organization.
Annually, the Judicial Conduct Board shall elect a
chairperson. The board shall act only with the concurrence of a
majority of its members.
§ 2104. Staff and operations.
The Judicial Conduct Board shall appoint a chief counsel and
other staff, prepare and administer its own budget as provided
by law, exercise supervisory and administrative authority over
all board staff and board functions, establish and promulgate
its own rules of procedure, prepare and disseminate an annual
report and take other actions as are necessary to ensure its
efficient operation. The budget request of the board shall be
made by the board as a separate item in the request submitted by
the Supreme Court on behalf of the Judicial Board to the General
Assembly.
§ 2105. Powers and duties.
The Judicial Conduct Board shall exercise the powers and
perform the duties vested in and imposed upon the board by
section 18 of Article V of the Constitution of Pennsylvania and
Chapter 33 (relating to discipline, removal and retirement of
judicial officers) and any other powers and duties vested in and
imposed upon the board by law.
§ 2106. Official immunity.
Members of the Judicial Conduct Board and its chief counsel
and staff shall be absolutely immune from suit for all conduct
in the course of their official duties. No civil action or
disciplinary complaint predicated upon the filing of a complaint
or other documents with the board or testimony before the board
may be maintained against any complainant, witness or counsel.
Section 7. Section 3305 of Title 42 is amended to read:
§ 3305. Automatic removal upon conviction or disbarment.
A judge or district justice convicted of misbehavior in
office by a court, disbarred as a member of the bar of this
Commonwealth or removed under Subchapter C (relating to
discipline and removal [by Judicial Inquiry and Review Board] of
judges) shall forfeit automatically his judicial office and
thereafter be ineligible for judicial office.
Section 8. The heading of Subchapter C of Chapter 33 of
Title 42 is amended to read:
SUBCHAPTER C
DISCIPLINE AND REMOVAL [BY JUDICIAL
INQUIRY AND REVIEW BOARD] OF JUDGES
Section 9. Sections 3331(a), 3332, 3333, 3334, 3352(a),
3571(e) and 4581(a) of Title 42 are amended to read:
§ 3331. Power of discipline or removal.
(a) Judges.--[Under the procedure provided in this
subchapter, any] Any judge may be suspended, removed from office
or otherwise disciplined for violation of Subchapter A (relating
to standards of conduct), misconduct in office, neglect of duty,
failure to perform his duties, or conduct which prejudices the
proper administration of justice or brings the judicial office
into disrepute and may be retired for disability seriously
interfering with the performance of his duties.
* * *
§ 3332. Investigation and hearing.
[(a) Investigation.--The Judicial Inquiry and Review Board
shall keep informed as to matters relating to grounds for
suspension, removal, discipline, or compulsory retirement of
judges. It shall receive complaints or reports, formal or
informal, from any source pertaining to such matters, and shall
make such preliminary investigations as it deems necessary.
(b) Hearing.--The board, after such investigation, may order
a hearing concerning the suspension, removal, discipline or
compulsory retirement of a judge. The orders of the board for
attendance of or testimony by witnesses or for the production of
documents at any hearing or investigation shall be enforceable
by contempt proceedings.
(c) Privilege.--The filing of papers with and the giving of
testimony before the board shall be privileged.]
Investigation and hearing shall be governed by section 18 of
Article V of the Constitution of Pennsylvania.
[§ 3333. Recommendation to and action by Supreme Court.
(a) Recommendation by board.--If, after hearing, the
Judicial Inquiry and Review Board finds good cause therefor, it
shall recommend to the Supreme Court the suspension, removal,
discipline or compulsory retirement of the judge.
(b) Action by Supreme Court.--The Supreme Court shall review
the record of the proceedings of the board on the law and facts
and may permit the introduction of additional evidence. It shall
order suspension, removal, discipline or compulsory retirement,
or wholly reject the recommendation, as it finds just and
proper. Upon an order for compulsory retirement, the judge shall
be retired with the same rights and privileges as if he were
retired under Subchapter D (relating to retirement).
(c) Effect of order.--Upon an order for suspension or
removal, the judge shall be suspended or removed from office,
and his salary shall cease from the date of such order.]
§ 3334. Proceedings confidential.
[All papers filed with and proceedings before the Judicial
Inquiry and Review Board shall be confidential but upon being
filed by the board in the Supreme Court, the record shall lose
its confidential character.] Confidentiality shall be governed
by section 18 of Article V of the Constitution of Pennsylvania.
§ 3352. Pension rights.
(a) General rule.--Former and retired judges and district
justices shall receive such compensation as shall be provided by
or pursuant to statute. No salary, retirement benefit or other
compensation shall be paid to any judge or district justice who
is suspended or removed from office under [Subchapter C
(relating to discipline and removal by Judicial Inquiry and
Review Board)] section 18 of Article V or under Article VI of
the Constitution of Pennsylvania.
* * *
§ 3571. Commonwealth portion of fines, etc.
* * *
(e) Other offenses.--Fines forfeited, recognizances and
other forfeitures imposed, lost or forfeited under the following
provisions of law shall be payable to the Commonwealth:
18 Pa.C.S. § 7361 (relating to worldly employment or
business).
Act of December 1, 1965 (P.L.988, No.368), known as the
Weights and Measures Act of 1965, when the proceeding is
instituted by an agent or employee of the Department of
Agriculture.
Act of November 26, 1978 (P.L.1375, No.325), known as the
["]Dam Safety and Encroachments Act.["]
§ 4581. Interfering with selection of jurors.
(a) Commission members and employees.--Any member of the
jury selection commission or any employee, clerk, investigator
or assistant in the employ of the commission, who shall violate
any of the provisions of this chapter for the purpose of
unlawfully procuring the selection or nonselection of any person
for jury service commits a misdemeanor of the second degree and
upon conviction thereof shall be forthwith removed from his
office or employment and in addition thereto shall be ineligible
to hold any public office or employment under the laws of this
Commonwealth. In the case of the judicial member of the
commission, such member shall be disqualified to hold his
position on the commission and the matter shall be referred to
the Judicial [Inquiry and Review] Conduct Board.
* * *
Section 10. (a) The members of the Judicial Inquiry and
Review Board shall vacate their offices on the effective date of
this act, and all proceedings pending before the Judicial
Inquiry and Review Board and all records shall be transferred to
the Judicial Conduct Board for further proceedings.
(b) There are hereby transferred to the Judicial Conduct
Board to be used, employed and expended in connection with the
functions, powers and duties of the board, the personnel,
contract obligations, if any, files, property and equipment of
the Judicial Inquiry and Review Board and two-thirds of the
unexpended balances of appropriations, allocations or other
funds available or to be made available to the Judicial Inquiry
and Review Board for the 1992-1993 and 1993-1994 fiscal years.
There are hereby transferred to the Court of Judicial Discipline
to be used, employed and expended in connection with the
functions, powers and duties of the court, one-third of the
unexpended balances of appropriations, allocations or other
funds available or to be made available to the Judicial Inquiry
and Review Board for the 1992-1993 and 1993-1994 fiscal years.
Section 11. Of the members initially appointed to the
Judicial Conduct Board, the judge appointed by the Supreme Court
shall serve a four-year term and the judge appointed by the
Governor shall serve a three-year term. The district justice
initially appointed shall serve a two-year term. Of the three
nonjudge members of the bar of this Commonwealth initially
appointed, the first appointed by the Governor shall serve a
three-year term, the next appointed by the Governor shall serve
a two-year term and the nonjudge member of the bar of this
Commonwealth appointed by the Supreme Court shall serve a one-
year term. Of the six nonlawyer electors initially appointed,
the first appointed by the Governor and the first appointed by
the Supreme Court shall serve a four-year term, the next
appointed by the Governor and the next appointed by the Supreme
Court shall serve a three-year term and the next appointed by
the Governor and the next appointed by the Supreme Court shall
serve a two-year term. All such appointments shall compute from
the effective date of this act. The Governor shall convene the
board for its first meeting.
Section 12. Of the three judges initially appointed to the
Court of Judicial Discipline, the first appointed by the Supreme
Court shall serve a four-year term, the next appointed by the
Supreme Court shall serve a three-year term and the judge
appointed by the Governor shall serve a two-year term. The
district justice initially appointed shall serve a one-year
term. Of the nonjudge members of the bar of this Commonwealth
initially appointed, the first appointed shall serve a four-year
term and the next appointed shall serve a three-year term. Of
the two nonlawyer electors initially appointed, the nonlawyer
elector appointed by the Governor shall serve a three-year term
and the nonlawyer elector appointed by the Supreme Court shall
serve a two-year term. All such appointments shall compute from
the effective date of this act.
Section 13. This act shall take effect as follows:
(1) The amendment of 42 Pa.C.S. § 3571(e) shall take
effect in 60 days.
(2) The remainder of this act shall take effect August
16, 1993.
APPROVED--The 2nd day of July, A. D. 1993.
MARK L. SINGEL
ACTING GOVERNOR
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