- Go to Article I.
- Go to Article II.
- Go to Article III.
- Go to Article IV.
- Go to Article V.
- Go to Article VI.
- Go to Article VII.
- Go to Article VIII.
- Go to Article IX.
- Go to Article X.
- Go to Article XI.
CONSTITUTION
OF THE
COMMONWEALTH OF PENNSYLVANIA
WE, the people of the Commonwealth of Pennsylvania, grateful
to Almighty God for the blessings of civil and religious liberty,
and humbly invoking His guidance, do ordain and establish this
Constitution.
Article I
DECLARATION OF RIGHTS
That the general, great and essential principles of liberty
and free government may be recognized and unalterably established,
WE DECLARE THAT -
Inherent Rights of Mankind
Section 1.
All men are born equally free and independent, and have certain
inherent and indefeasible rights, among which are those of enjoying
and defending life and liberty, of acquiring, possessing and protecting
property and reputation, and of pursuing their own happiness.
Political Powers
Section 2.
All power is inherent in the people, and all free governments are
founded on their authority and instituted for their peace, safety
and happiness. For the advancement of these ends they have at all
times an inalienable and indefeasible right to alter, reform or abolish
their government in such manner as they may think proper.
Religious Freedom
Section 3.
All men have a natural and indefeasible right to worship Almighty
God according to the dictates of their own consciences; no man can
of right be compelled to attend, erect or support any place of worship
or to maintain any ministry against his consent; no human authority
can, in any case whatever, control or interfere with the rights of
conscience, and no preference shall ever be given by law to any religious
establishments or modes of worship.
Religion
Section 4.
No person who acknowledges the being of a God and a future state
of rewards and punishments shall, on account of his religious sentiments,
be disqualified to hold any office or place of trust or profit under
this Commonwealth.
Elections
Section 5.
Elections shall be free and equal; and no power, civil or military,
shall at any time interfere to prevent the free exercise of the right
of suffrage.
Trial by Jury
Section 6.
Trial by jury shall be as heretofore, and the right thereof remain
inviolate. The General assembly may provide, however, by law, that
a verdict may be rendered by not less than five-sixths of the jury
in any civil case. Furthermore, in criminal cases, the Commonwealth
shall have the same right to trial by jury as does the accused.
Freedom of Press and Speech; Libels
Section 7.
The printing press shall be free to every person who may undertake
to examine the proceedings of the Legislature or any branch of government,
and no law shall ever by made to restrain the right thereof. The
free communication of thoughts and opinions is one of the invaluable
rights of man, and every citizen may freely speak, write and print
on any subject, being responsible for the abuse of that liberty.
No conviction shall be had in any prosecution for the publication
of papers relating to the official conduct of officers or men in
public capacity, or to any other matter proper for public investigation
or information, where the fact that such publication was not maliciously
or negligently made shall be established to the satisfaction of the
jury; and in all indictments for libels the jury shall have the right
to determine the law and the facts, under the direction of the court,
as in other cases.
Security From Searches and Seizures
Section 8.
The people shall be secure in their persons, houses, papers and
possessions from unreasonable searches and seizures, and no warrant
to search any place or to seize any person or things shall issue
without describing them as nearly as may be, nor without probable
cause, supported by oath or affirmation subscribed by the affiant.
Rights of Accused in Criminal Prosecutions
Section 9.
In all criminal prosecutions the accused hath a right to be heard
by himself and his counsel, to demand the nature and cause of the
accusation against him, to be confronted with the witnesses against
him, to have compulsory process for obtaining witnesses in his favor,
and in prosecutions by indictment or information, a speedy public
trial by an impartial jury of the vicinage; he cannot be compelled
to give evidence against himself, nor can he be deprived of his life,
liberty or property, unless by the judgment of his peers or the law
of the land. The use of a suppressed voluntary admission or voluntary
confession to impeach the credibility of a person may be permitted
and shall not be construed as compelling a person to give evidence
against himself.
Initiation of Criminal Proceedings; Twice in Jeopardy; Eminent
Domain
Section 10.
Except as hereinafter provided no person shall, for any indictable
offense, be proceeded against criminally by information, except in
cases arising in the land or naval forces, or in the militia, when
in actual service, in time of war or public danger, or by leave of
the court for oppression or misdemeanor in office. Each of the several
courts of common pleas may, with the approval of the Supreme Court,
provide for the initiation of criminal proceedings therein by information
filed in the manner provided by law. No person shall, for the same
offense, be twice put in jeopardy of life or limb; nor shall private
property be taken or applied to public use, without authority of
law and without just compensation being first made or secured.
Courts to Be Open; Suits Against the Commonwealth
Section 11.
All courts shall be open; and every man for an injury done him in
his lands, goods, person or reputation shall have remedy by due course
of law, and eight and justice administered without sale, denial or
delay. Suits may be brought against the Commonwealth in such manner,
in such courts and in such cases as the Legislature may by law direct.
Power of Suspending Laws
Section 12.
No power of suspending laws shall be exercised unless by the Legislature
or by its authority.
Bail, Fines and Punishments
Section 13.
Excessive bail shall not be required, nor excessive fines imposed,
nor cruel punishments inflicted.
Prisoners to be Bailable; Habeas Corpus
Section 14.
All prisoners shall be bailable by sufficient sureties, unless for
capital offenses or for offenses for which the maximum sentence is
life imprisonment or unless no condition or combination of conditions
other than imprisonment will reasonably assure the safety of any
person and the community when the proof is evident or presumption
great; and the privilege of the writ of habeas corpus shall not be
suspended, unless when in case of rebellion or invasion the public
safety may require it.
Special Criminal Tribunals
Section 15.
No commission shall issue creating special temporary criminal tribunals
to try particular individuals or particular classes of cases.
Insolvent Debtors
Section 16.
The person of a debtor, where there is not strong presumption of
fraud, shall not be continued in prison after delivering up his estate
for the benefit of his creditors in such manner as shall be prescribed
by law.
Ex Post Facto Laws; Impairment of Contracts
Section 17.
No ex post facto law, nor any law impairing the obligation of contracts,
or making irrevocable any grant of special privileges or immunities,
shall be passed.
Attainder
Section 18.
No person shall be attained of treason or felony by the Legislature.
Attainder Limited
Section 19.
No attainder shall work corruption of blood, nor, except during
the life of the offender, forfeiture of estate to the Commonwealth.
Right of Petition
Section 20.
The citizens have a right in a peaceable manner to assemble together
for their common good, and to apply to those invested with the powers
of government for redress of grievances or other proper purposes
by petition, address or remonstrance.
Right to Bear Arms
Section 21.
The right of the citizens to bear arms in defense of themselves
and the State shall not be questioned.
Standing Army; Military Subordinate to Civil Power
Section 22.
No standing army shall, in time of peace, be kept up without the
consent of the Legislature, and the military shall in all cases and
at all times be in strict subordination to the civil power.
Quartering of Troops
Section 23.
No soldier shall in time of peace be quartered in any house without
the consent of the owner, nor in time of war but in a manner to be
prescribed by law.
Titles and Offices
Section 24.
The Legislature shall not grant any title of nobility of hereditary
distinction, nor create any office the appointment to which shall
be for a longer term than during good behavior.
Reservation of Powers in People
Section 25.
To guard against the transgressions of the high powers which we
have delegated, we declare that everything in this article is excepted
out of the general powers of government and shall forever remain
inviolate.
No Discrimination by Commonwealth and Its Political Subdivisions
Section 26.
Neither the Commonwealth nor any political subdivision thereof shall
deny to any person the enjoyment of any civil right, nor discriminate
against any person in the exercise of any civil right.
Natural Resources and the Public Estate
Section 27.
The people have a right to clean air, pure water, and to the preservation
of the natural, scenic, historic and esthetic values of the environment.
Pennsylvania's public natural resources are the common property of
all the people, including generations yet to come. As trustee of
these resources, the Commonwealth shall conserve and maintain them
for the benefit of all the people.
Prohibition Against Denial or Abridgment of Equality of Rights
Because of Sex
Section 28.
Equality of rights under the law shall not be denied or abridged
in the Commonwealth of Pennsylvania because of the sex of the individual.
Legislative Power
Section 1.
The legislative power of this Commonwealth shall be vested in a
General Assembly, which shall consist of a Senate and a House of
Representatives.
Election of Members; Vacancies
Section 2.
Members of the General Assembly shall be chosen at the general election
every second year. Their term of service shall begin on the first
day of December next after their election. Whenever a vacancy shall
occur in either House, the presiding officer thereof shall issue
a writ of election to fill such vacancy for the remainder of the
term.
Terms of Members
Section 3.
Senators shall be elected for the term of four years and Representatives
for the term of two years.
Sessions
Section 4.
The General Assembly shall be a continuing body during the term
for which its Representatives are elected. It shall meet at twelve
o'clock noon on the first Tuesday of January each year. Special sessions
shall be called by the Governor on petition of a majority of the
members elected to each House or may be called by the Governor whenever
in his opinion the public interest requires.
Qualifications of Members
Section 5.
Senators shall be at least twenty-five years of age and Representatives
twenty-one years of age. They shall have been citizens and inhabitants
of the State four years, and inhabitants of their respective districts
one year next before their election (unless absent on the public
business of the United States or of this State) and shall reside
in their respective districts during their terms of service.
Disqualification to Hold Other Office
Section 6.
No Senator or Representative shall, during the time for which he
was elected, be appointed to any civil office under this Commonwealth
to which a salary, fee of perquisite is attached. No member of Congress
or other person holding any office (except of attorney-at law or
in the national guard or in a reserve component of the armed forces
of the United States) under the United States of this Commonwealth
to which a salary, fee or perquisite is attached shall be a member
of either House during his continuance in office.
Ineligibility by Criminal Convictions
Section 7.
No person hereafter convicted of embezzlement of public moneys,
bribery, perjury or other infamous crime, shall be eligible to the
General Assembly, or capable of holding any office of trust or profit
in this Commonwealth.
Compensation
Section 8.
The members of the General Assembly shall receive such salary and
mileage for regular and special sessions as shall be fixed by law,
and no other compensation whatever, whether for service upon committee
or otherwise. No member of either House shall during the term for
which he may have been elected, receive any increase of salary, or
mileage, under any law passed during such term.
Election of Officers; Judge of Election and Qualifications of Members
Section 9.
The Senate shall, at the beginning and close of each regular session
and at such other times as may be necessary, elect one of its members
President protempore, who shall perform the duties of the Lieutenant
Governor shall be vacant. The House of Representatives shall elect
one of its members as Speaker. Each House shall choose its other
officers, and shall judge of the election and qualifications of its
members.
Quorum
Section 10.
A majority of each House shall constitute a quorum, but a smaller
number may adjourn from day to day and compel the attendance of absent
members.
Powers of Each House; Expulsion
Section 11.
Each House shall have power to determine the rules of its proceedings
and punish its members or other persons for contempt or disorderly
behavior in its presence, to enforce obedience to its process, to
protect its members against violence or offers of bribes or private
solicitation, and, with the concurrence of two-thirds, to expel a
member, but not a second time for the same cause, and shall have
all other powers necessary for the Legislature of a free State. A
member expelled for corruption shall not thereafter be eligible to
either House, and punishment for contempt or disorderly behavior
shall not bar an indictment for the same offense.
Journals; Yeas and Nays
Section 12.
Each House shall keep a journal of its proceedings and from time
to time publish the same, except such parts as require secrecy, and
the yeas and nays of the members on any question shall, at the desire
of any two of them, be entered on the journal.
Open Sessions
Section 13.
The sessions of each House and of committees of the whole shall
be open, unless when the business is such as ought to be kept secret.
Adjournments
Section 14.
Neither House shall, without the consent of the other, adjourn for
more than three days, nor to any other place than that in which the
two Houses shall be sitting.
Privileges of Members
Section 15.
The members of the General Assembly shall in all cases, except treason,
felony, violation of their oath of office, and breach of surety of
the peace, be privileged from arrest during their attendance at the
sessions of their respective Houses and in going to and returning
from the same; and for any speech or debate in either House they
shall not be questioned in any other place.
Legislative Districts
Section 16.
The Commonwealth shall be divided into fifty senatorial and two
hundred three representative districts, which shall be composed of
compact and contiguous territory as nearly equal in population as
practicable. Each senatorial district shall elect one Senator, and
each representative district one Representative. Unless absolutely
necessary no county, city, incorporated town, borough, township or
ward shall be divided in forming either a senatorial or representative
district.
Legislative Reapportionment Commission
Section 17.
(a) In each year following the year of the Federal decennial census,
a Legislative Reapportionment Commission shall be constituted for
the purpose of reapportioning the Commonwealth. The commission shall
act by a majority of its entire membership.
(b) The commission shall consist of five members: four of whom shall
be the majority and minority leaders of both the Senate and the House
of Representatives, or deputies appointed by each of them, and a
chairman selected as hereinafter provided. No later than 60 days
following the official reporting of the Federal decennial census
as required by Federal law, the four members shall be certified by
the President Pro Tempore of the Senate and the Speaker of the House
of Representatives to the elections officer of the Commonwealth who
under law shall have supervision over elections. The four members
within 45 days after their certification shall select the fifth member,
who shall serve as chairman of the commission, and shall immediately
certify his name to such elections officer. The chairman shall be
a citizen of the Commonwealth other than a local, State or Federal
official; holding an office to which compensation is attached. If
the four members fail to select the fifth member within the time
prescribed, a majority of the entire membership of the Supreme Court
within thirty days thereafter shall appoint the chairman as aforesaid
and certify his appointment to such elections officer. Any vacancy
in the commission shall be filled within fifteen days in the same
manner in which such position was originally filled.
(c) No later than ninety days after either the commission has been
duly certified or the population data for the Commonwealth as determined
by the Federal decennial census are available, whichever is later
in time, the commission shall file a preliminary reapportionment
plan with such elections officer. The commission shall have thirty
days after filling the preliminary plan to make corrections in the
plan. Any person aggrieved by the preliminary plan shall have the
same thirty-day period to file exceptions with the commission in
which case the commission shall thirty days after the date the exceptions
were filled to prepare and file with such elections officer a revised
reapportionment plan. If no exceptions are filled within thirty days,
or if filed and acted upon, the commission's plan shall be final
and have the force of law.
(d) Any aggrieved person may file an appeal from the final plan
directly to the Supreme Court within thirty days after the filing
thereof. If the appellant establishes that the final plan is contrary
to law, the Supreme Court shall issue an order remanding the plan
to the commission and directing the commission to reapportion the
Commonwealth in a manner not inconsistent with such order.
(e) When the Supreme Court has finally decided an appeal or when
the last day for filing an appeal has passed with no appeal taken,
the reapportionment plan shall have the force of law and the districts
therein provided shall be used thereafter in elections to the General
Assembly until the next reapportionment as required under this section
17.
(f) Any district which does not include the residence from which
a member of the Senate was elected whether or not scheduled for election
at the next general election shall elect a Senator at such election.
(g) The General Assembly shall appropriate sufficient funds for
the compensation and expenses of members and staff appointed by the
commission, and other necessary expenses. The members of the commission
shall be entitled to such compensation for their services as the
General Assembly from time to time shall determine but no part thereof
shall be paid until a preliminary plan is filed. If a preliminary
plan is filed but the commission fails to file a revised or final
plan within the time prescribed, the commission members shall forfeit
all right to compensation not paid.
(h) If a preliminary, revised or final reapportionment plan is not
filed by the commission within the time prescribed by this section,
unless the time be extended by the Supreme Court for cause shown,
the Supreme Court shall immediately proceed on its own motion to
reapportion the Commonwealth.
(i) Any reapportionment plan filed by the commission, or ordered
or prepared by the Supreme Court upon the failure of the commission
to act, shall be published by the elections officer once in at least
one newspaper of general circulation in each senatorial and representative
district. The publication shall contain a map of the Commonwealth
showing the complete reapportionment of the General Assembly by districts,
and a map showing the reapportionment districts in the area normally
served by the newspaper in which the publication is male. The publication
shall also state the population of the senatorial and representative
districts having the smallest and largest population and the percentage
variation of such districts from the average population for senatorial
and representative districts.
Article III
LEGISLATION
A. Procedure
Passage of Laws
Section 1.
No law shall be passed except by bill, and no bill shall be so altered
or amended, on its passage through either House, as to change its
original purpose.
Reference to Committee; Printing
Section 2.
No bill shall be considered unless referred to a committee, printed
for the use of the members and returned therefrom.
Form of Bills
Section 3.
No bill shall be passed containing more than one subject, which
shall be clearly expressed in its title, except a general appropriation
bill or a bill codifying or compiling the law or a part thereof.
Consideration of Bills
Section 4.
Every bill shall be considered on three different days in each House.
All amendments made thereto shall be printed for the use of the members
before the final vote is taken on the bill and before the final vote
is taken, upon written request addressed to the presiding officer
of either House by at least twenty-five percent of the members elected
to that House, any bill shall be read at length in that House. No
bill shall become a law, unless on its final passage the vote is
taken by yeas and nays, the names of the persons voting for and against
it are entered on the journal, and a majority of the members elected
to each House is recorded thereon as voting in its favor.
Concurring in Amendments; Conference Committee Reports
Section 5.
No amendment to bills by one House shall be concurred in by the
other, except by the vote of a majority of the members elected thereto,
taken by yeas and nays, and the names of those voting recorded upon
the journals.
Revival and Amendment of Laws
Section 6.
No law shall be revived, amended, or the provisions thereof extended
or conferred, by reference to its title only, but so much thereof
as is revived, amended, extended or conferred shall be re-enacted
and published at length.
Notice of Local and Special Bills
Section 7.
No local or special bill shall be passed unless notice of the intention
to apply therefor shall have been published in the locality where
the matter or the thing to be effected may be situated, which notice
shall be at least thirty days prior to the introduction into the
General Assembly of such bill and in the manner to be provided by
law; the evidence of such notice having been published, shall be
exhibited in the General Assembly, before such act shall be passed.
Signing of Bills
Section 8.
The presiding officer of each House shall, in the presence of the
House over which he presides, sign all bills and joint resolutions
passed by the General Assembly, after their titles have been publicly
read immediately before signing; and the fact of signing shall be
entered on the journal.
Action on Concurrent Orders and Resolutions
Section 9.
Every order, resolution or vote, to which the concurrence of both
Houses may be necessary, except on the question of adjournment, shall
be presented to the Governor and before it shall take effect be approved
by him, or being disapproved, shall be repassed by two-thirds of
both Houses according to the rules and limitations prescribed in
case of a bill.
Revenue Bills
Section 10.
All bills for raising revenue shall originate in the House of Representatives,
but the Senate may propose amendments as in other bills.
Appropriation Bills
Section 11.
The general appropriation bill shall embrace nothing but appropriations
for the executive, legislative and judicial departments of the Commonwealth,
for the public debt and for public schools. All other appropriations
shall be made by separate bills, each embracing but one subject.
Legislation Designated by Governor at Special Sessions
Section 12.
When the General Assembly shall be convened in special session,
there shall be no legislation upon subjects other than those designated
in the proclamation of the Governor calling such session.
Vote Denied Members with Personal Interest
Section 12.
A member who has a personal or private interest in any measure or
bill proposed or pending before the General Assembly shall disclose
the fact to the House of which he is a member, and shall not vote
thereon. B. Education
Public School System
Section 14.
The General Assembly shall provide for the maintenance and support
of a thorough and efficient system of public education to serve the
needs of the Commonwealth.
Public School Money Not Available to Sectarian Schools
Section 15.
No money raised for the support of the public schools of the Commonwealth
shall be appropriated to or used for the support of any sectarian
school. C. National Guard
National Guard to be Organized and Maintained
Section 16.
The citizens of this Commonwealth shall be armed, organized and
disciplined for its defense when and in such manner as may be directed
by law. The General Assembly shall provide for maintaining the National
Guard by appropriations from the Treasury of the Commonwealth, and
may exempt from State military service persons having conscientious
scruples against bearing arms. D. Other Legislation Specifically
Authorized
Appointment of Legislative Officers and Employees
Section 17.
The General Assembly shall prescribe by law the number, duties and
compensation of the officers and employees of each House, and no
payment shall be made from the State Treasury, or be in any way authorized,
to any person, except to an acting officer or employee elected or
appointed in pursuance of law.
Compensation Laws Allowed to General Assembly
Section 18.
The General Assembly may enact laws requiring the payment by employers,
or employers and employees jointly, of reasonable compensation for
injuries to employees arising in the course of their employment,
and for occupational diseases of employees, whether or not such injuries
or diseases result in death, and regardless of fault of employer
or employee, and fixing the basis of ascertainment of such compensation
and the maximum and minimum limits thereof, and providing special
or general remedies for the collection thereof; but in no other cases
shall the General Assembly limit the amount to be recovered for injuries
resulting in death, or for injuries to persons or property, and in
case of death from such injuries, the right of action shall survive,
and the General Assembly shall prescribe for whose benefit such actions
shall be prosecuted. No act shall prescribe any limitations of time
within which suits may be brought against corporations for injuries
to persons or property, or for other causes different from those
fixed by general laws regulating actions against natural persons,
and such acts now existing are avoided.
Appropriations for Support of Widows and Orphans of Persons Who
Served in the Armed Forces
Section 19.
The General Assembly may make appropriations of money to institutions
wherein the widows of persons who served in the armed forces are
supported or assisted, or the orphans of persons who served in the
armed forces are maintained and educated; but such appropriations
shall be applied exclusively to the support of such widows and orphans.
Classification of Municipalities
Section 20.
The Legislature shall have power to classify counties, cities, boroughs,
school districts, and townships according to population, and all
laws passed relating to each class, and all laws passed relating
to, and regulating procedure and proceedings in court with reference
to, any class, shall be deemed general legislation within the meaning
of this Constitution.
Land Title Registration
Section 21.
Laws may be passed providing for a system of registering, transferring,
insuring of and guaranteeing land titles by the State, or by the
counties thereof, and for settling and determining adverse or other
claims to and interest in lands the titles to which are so registered,
transferred, insured, and guaranteed; and for the creation and collection
of indemnity funds; and for carrying the system and powers hereby
provided for into effect by such existing courts as may be designated
by the Legislature. Such laws may provide for continuing the registering,
transferring, insuring, and guaranteeing such titles after the first
or original registration has been perfected by the court, and provision
may be made for raising the necessary funds for expenses and salaries
of officers, which shall be paid out of the treasury of the several
counties.
State Purchases
Section 22.
The General Assembly shall maintain by law a system of competitive
bidding under which all purchases of materials, printing, supplies
or other personal property used by the government of this Commonwealth
shall so far as practicable be made. The law shall provide that no
officer or employee of the Commonwealth shall be in any way interested
in any purchase made by the Commonwealth under contract or otherwise.
Change of Venue
Section 23.
The power to change the venue in civil and criminal cases shall
be vested in the courts, to be exercised in such manner as shall
be provided by law.
Paying Out Public Moneys
Section 24.
No money shall be paid out of the treasury, except on appropriations
made by law and on warrant issued by the proper officers; but cash
refunds of taxes, licenses, fees and other charges paid or collected,
but not legally due, may be paid, as provided by law, without appropriation
from the fund into which they were paid on warrant of the proper
officer.
Emergency Seats of Government
Section 25.
The General Assembly may provide, by law, during any session, for
the continuity of the executive, legislative, and judicial functions
of the government of the Commonwealth, and its political subdivisions,
and the establishment of emergency seats thereof and any such laws
heretofore enacted are validated. Such legislation shall become effective
in the event of an attack by an enemy of the United States.
Extra Compensation Prohibited; Claims Against the Commonwealth;
Pensions
Section 26.
No bill shall be passed giving any extra compensation to any public
officer, servant, employee, agent or contractor after services shall
be rendered or contract made, nor providing for the payment of any
claim against the Commonwealth without previous authority of law.
Provided, however, that nothing in this Constitution shall be construed
to prohibit the General Assembly from authorizing the increase of
retirement allowances or pensions of members of a retirement or pension
system now in effect or hereafter legally constituted by the Commonwealth,
its political subdivisions, agencies or instrumentalities, after
the termination of the services of said member.
Changes in Term of Office or Salary Prohibited
Section 27.
No law shall extend the term of any public officer, or increase
or diminish his salary or emoluments, after his election or appointment.
E. Restrictions on Legislative Power
Change of Permanent Location of State Capital
Section 28.
No law changing the permanent location of the Capital of the State
shall be valid until the same shall have been submitted to the qualified
electors of the Commonwealth at a general election and ratified and
approved by them.
Appropriations for Public Assistance, Military Service, Scholarships
Section 29.
No appropriation shall be made for charitable, educational or benevolent
purposes to any person or community nor to any denomination and sectarian
institution, corporation or association: Provided, that appropriations
may be made for pensions of gratuities for military service and to
blind persons twenty-one years of age and upwards and for assistance
to mothers having dependent children and to aged persons without
adequate means of support and in the form of scholarship grants or
loans for higher educational purposes to residents of the Commonwealth
enrolled in institutions of higher learning except that no scholarship,
grants or loans for higher educational purposes shall be given to
persons enrolled in a theological seminary or school of theology.
Charitable and Educational Appropriations
Section 30.
No appropriation shall be made to any charitable or educational institution
not under the absolute control of the Commonwealth, other than normal
schools established by law for the professional training of teachers
for the public schools of the State, except by a vote of two-thirds of
all the members elected to each House.
Delegation of Certain Powers Prohibited
Section 31.
The General Assembly shall not delegate to any special commission, private
corporation or association, any power to make, supervise or interfere
with any municipal improvement, money, property or effects, whether held
in trust or otherwise, or to levy taxes or perform any municipal function
whatever. Notwithstanding the foregoing limitation or any other provision
of the Constitution, the General Assembly may enact laws which provide
that the findings of panels or commissions, selected and acting in accordance
with law for the adjustment or settlement of grievances or disputes or
for collective bargaining between policemen and firemen and their public
employers shall be binding upon all parties and shall constitute a mandate
to the head of the political subdivision which is the employer or to
the appropriate officer of the Commonwealth if the Commonwealth is the
employer, with respect to matters which can be remedied by administrative
action, and to the lawmaking body of such political subdivision or of
the Commonwealth, with respect to matters which require legislative action,
to take the action necessary to carry out such findings.
Certain Local and Special Laws
Section 32.
The General Assembly shall pass no local or special law in any case
which has been or can be provided for by general law and specifically
the General assembly shall not pass any local or special law.
1. Regulating the affairs of counties, cities, townships, wards, boroughs,
or school districts.
2. Vacating roads, town plats, streets or alleys.
3. Locating or changing county seats, erecting new counties or changing
county lines.
4. Erecting new townships or boroughs, changing township lines, borough
limits or school districts.
5. Remitting fines, penalties and forfeitures, or refunding moneys legally
paid into the treasury.
6. Exempting property from taxation.
7. regulating labor, trade, mining or manufacturing.
8. Creating corporations, or amending, renewing or extending the charters
thereof.
Nor shall the General Assembly indirectly enact any special or local
law by the partial repeal of a general law; but laws repealing local
or special acts may be passed.
Executive Department
Section 1.
The Executive Department of this Commonwealth shall consist of a Governor,
Lieutenant Governor, Attorney General, Auditor General, State Treasurer,
and Superintendent of Public Instruction and such other officers as the
General Assembly may from time to time prescribe.
Duties of Governor; Election Procedure; Tie or contest
Section 2.
The supreme executive power shall be vested in the Governor, who shall
take care that the laws be faithfully executed; he shall be chosen on
the day of the general election, by the qualified electors of the Commonwealth,
at the places where they shall vote for Representatives. The returns
of every election for Governor shall be sealed up and transmitted to
the seat of government, directed to the President of the Senate, who
shall open and publish them in the presence of the members of both Houses
of the General Assembly. The person having the highest number of votes
shall be Governor, but if two or more be equal and highest in votes,
one of them shall be chosen Governor by the joint vote of the members
of both Houses. Contested elections shall be determined by a committee,
to be selected from both Houses of the General Assembly, and formed and
regulated in such manner as shall be directed by law. General Assembly.
The person having the highest number of votes shall be Governor, but
if two or more be equal and highest in votes, one of them shall be chosen
Governor by the joint vote of members of both Houses. Contested elections
shall be determined by a committee, to be selected from both Houses of
the General Assembly, and formed and regulated in such manner as shall
be directed by law.
Terms of Office of Governor; Number of Terms
Section 3.
The Governor shall hold his office during four years from the third
Tuesday of January new ensuing his election. Except for the Governor
who may be in office when this amendment is adopted, he shall be eligible
to succeed himself for one additional term.
Lieutenant Governor
Section 4.
A Lieutenant Governor shall be chosen jointly with the Governor by the
casting by each voter of a single vote applicable to both offices, for
the same term, and subject to the same provisions as the Governor; he
shall be President of the Senate. As such, he may vote in case of a tie
on any question except the final passage of a bill or joint resolution,
the adoption of a conference report or the concurrence in amendments
made by the House of Representatives.
Attorney General
Section 4.
1. An Attorney General shall be chosen by the qualified electors of
the Commonwealth on the day the general election is held for the Auditor
General and State Treasurer; he shall hold his office during four years
from the third Tuesday of January next ensuing his election and shall
not be eligible to serve continuously for more than two successive terms;
he shall be the chief law officer of the Commonwealth and shall exercise
such powers and perform such duties as may be imposed by law.
Qualifications of Governor, Lieutenant Governor and Attorney General
Section 5.
No person shall be eligible to the office of Governor, Lieutenant Governor
or Attorney General except a citizen of the United States, who shall
have attained the age of thirty years, and have been seven years next
preceding his election an inhabitant of this Commonwealth, unless he
shall have been absent on the public business of the United States or
of this Commonwealth. No person shall be eligible to the office of Attorney
General except a member of the bar of the Supreme Court of Pennsylvania.
Disqualification for Offices of Governor, Lieutenant Governor and Attorney
General
Section 6.
No member of Congress or person holding any office (except of attorney-at-law
or in the National Guard or in a reserve component of the armed forces
of the United States) under the United States or this Commonwealth shall
exercise the office of Governor, Lieutenant Governor or Attorney General.
Military Power
Section 7.
The Governor shall be commander-in-chief of the military forces of the
Commonwealth, except when they shall be called into actual service of
the United States.
Appointing Power
Section 8.
(a) The Governor shall appoint a Secretary of Education and such other
officers as he shall be authorized by law to appoint. The appointment
of the Secretary of Education and of such other officers as may be specified
by law, shall be subject to the consent of two-thirds or a majority of
the members elected to the Senate as is specified by law.
(b) The Governor shall fill vacancies in offices to which he appoints
by nominating to the Senate a proper person to fill the vacancy within
90 days of the first day of the vacancy and not thereafter. The Senate
shall act on each executive nomination within 25 legislative days of
its submission. If the Senate has not voted upon a nomination within
15 legislative days following such submission, any five members of the
Senate may, in writing, request the presiding officer of the Senate to
place the nomination before the entire Senate body whereby the nomination
must be voted upon prior to the expiration of five legislative days or
25 legislative days following submission by the Governor, whichever occurs
first. If the nomination is made during a recess or after adjournment
sine die, the Senate shall act upon it within 25 legislative days after
its return or reconvening. If the Senate for any reason fails to act
upon a nomination submitted to it within the required 25 legislative
days, the nominee shall take office as if the appointment had been consented
to by the Senate. The Governor shall in a similar manner fill vacancies
in the offices of Auditor General, State Treasurer, justice, judge, justice
of the peace and in any other elective office he is authorized to fill.
In the case of a vacancy in an elective office, a person shall be elected
to the office on the next election day appropriate to the office unless
the first day of the vacancy is within two calendar months immediately
preceding the election day in which case the election shall be held on
the second succeeding election day appropriate to the office.
(c) In acting on executive nominations, the Senate shall sit with open
doors. The votes shall be taken by yeas and nays and shall be entered
on the journal.
Pardoning Power; Board of Pardons
Section 9.
(a) In all criminal cases except impeachment the Governor shall have
power to remit fines and forfeitures, to grant reprieves, commutation
of sentences and pardons; but no pardon shall be granted, nor sentence
commuted, except on the recommendation in writing of a majority of the
Board of Pardons, and, in the case of a sentence of death or life imprisonment,
on the unanimous recommendation in writing of the Board of Pardons, after
full hearing in open session, upon due public notice. The recommendation,
with the reasons therefor at length, shall be delivered to the Governor
and a copy thereof shall be kept on file in the office of the Lieutenant
Governor in a docket kept for that purpose.
(b) The Board of Pardons shall consist of the Lieutenant Governor who
shall be chairman, the Attorney General and three members appointed by
the Governor with the consent of a majority of the members elected to
the Senate for terms of six years. The three members appointed by the
Governor shall be residents of Pennsylvania. One shall be a crime victim,
one a corrections expert and the third a doctor of medicine, psychiatrist
or psychologist. The board shall keep records of its actions, which shall
at all times be open for public inspection.]
Information from Department Officials
Section 10.
The Governor may require information in writing from the officers of
the Executive Department, upon any subject relating to the duties of
their respective offices.
Messages to the General Assembly
Section 11.
He shall, from time to time, give to the General Assembly information
of the state of the Commonwealth, and recommend to their consideration
such measures as he may judge expedient.
Power to Convene and Adjourn the General Assembly
Section 12.
He may, on extraordinary occasions, convene the General Assembly, and
in case of disagreement between the two Houses, with respect to the time
of adjournment, adjourn them to such time as he shall think proper, not
exceeding four months. He shall have power to convene the Senate in extraordinary
session by proclamation for the transaction of Executive business.
When Lieutenant Governor to Act as Governor
Section 13.
In the case of the death, conviction on impeachment, failure to qualify
or resignation of the Governor, the Lieutenant Governor shall become
Governor for the remainder of the term and in the case of the disability
of the Governor, the powers, duties and emoluments of the office shall
devolve upon the Lieutenant Governor until the disability is removed.
Vacancy in Office of Lieutenant Governor
Section 14.
In case of the death, conviction on impeachment, failure to qualify
or resignation of the Lieutenant Governor, or in case he should become
Governor under section 13 of this article, the President pro tempore
of the Senate shall become Lieutenant Governor for the remainder of the
term. In case of the disability of the Lieutenant Governor, the powers,
duties and emoluments of the office shall devolve upon the President
pro tempore of the Senate until the disability is removed. Should there
be no Lieutenant Governor, the President pro tempore of the Senate shall
become Governor if a vacancy shall occur in the office of Governor and
in case of the disability of the Governor, the powers, duties and emoluments
of the office shall devolve upon the President pro tempore of the Senate
until the disability is removed. His seat as Senator shall become vacant
whenever he shall become Governor and shall be filled by election as
any other vacancy in Senate.
Approval of Bills; Vetoes
Section 15.
Every bill which shall have passed both Houses shall be presented to
the Governor; if he approves he shall sign it, but if he shall not approve
he shall return it with his objections to the House in which it shall
have originated, which House shall enter the objections at large upon
their journal, and proceed to re-consider it. If after such re-consideration,
two-thirds of all the members elected to that House shall agree to pass
the bill, it shall be sent with the objections to the other House by
which likewise it shall be re-considered, and if approved by two-thirds
of all the members elected to that House it shall be a law; but in such
cases the votes of both Houses shall be determined by yeas and nays,
and the names of the members voting for and against the bill shall be
entered on the journals of each House, respectively. If any bill shall
not be returned by the Governor within ten days after it shall have been
presented to him, the same shall be a law in like manner as if he had
signed it, unless the General Assembly, by their adjournment, prevent
its return, in which case it shall be a law, unless he shall file the
same, with his objections, in the office of the Secretary of the Commonwealth,
and give notice thereof by public proclamation within thirty days after
such adjournment.
Partial Disapproval of Appropriation Bills
Section 16.
The Governor shall have power to disapprove of any item of any bill,
making appropriations of money, embracing distinct items, and the part
or parts of the bill approved shall be the law, and the item or items
of appropriation disapproved shall be void, unless re-passed according
to the rules and limitations prescribed for the passage of other bills
over the Executive veto.
Contested Elections of Governor, Lieutenant Governor and Attorney General;
When Succeeded
Section 17.
The Chief Justice of the Supreme Court shall preside upon the trial
of any contested election of Governor, Lieutenant Governor or Attorney
General and shall decide questions regarding the admissibility of evidence,
and shall, upon request of the committee, pronounce his opinion upon
other questions of law involved in the trial. The Governor, Lieutenant
Governor and Attorney General shall exercise the duties of their respective
offices until their successors shall be duly qualified.
Terms of Office of Auditor General and State Treasurer; Number of Terms;
Eligibility of State Treasurer to become Auditor General
Section 18.
The terms of the Auditor General and of the State Treasurer shall each
be four years from the third Tuesday of January next ensuing his election.
They shall be chosen by the qualified electors of the Commonwealth at
general elections but shall not be eligible to serve continuously for
more than two successive terms. The State Treasurer shall not be eligible
to the office of Auditor General until fours years after he has been
State Treasurer.
State Seal; Commissions
Section 19.
The present Great Seal of Pennsylvania shall be the seal of the State.
All commissions shall be in the name and by authority of the Commonwealth
of Pennsylvania, and be sealed with the State seal and signed by the
Governor.
Article V
THE JUDICIARY
Unified Judicial System
Section 1.
The judicial power of the Commonwealth shall be vested in a unified
judicial system consisting of the Supreme Court, the Superior Court,
the Commonwealth Court, courts of common pleas, community courts, municipal
and traffic courts in the City of Philadelphia, such other courts as
may be provided by law and justices of the peace. All courts and justices
of the peace and their jurisdiction shall be in this unified judicial
system.
Supreme Court
Section 2.
The Supreme Court
(a) shall be the highest court of the Commonwealth and in this court
shall be reposed the supreme judicial power of the Commonwealth;
(b) shall consist of seven justices, one of whom shall be the Chief
ustice; and
(c) shall have such jurisdiction as shall be provided by law.
Superior Court
Section 3.
The Superior Court shall be a statewide court, and shall consist of
the number of judges, which shall be not less than seven judges, and
have such jurisdiction as shall be provided by this Constitution or by
the General Assembly. One of its judges shall be the president judge.
Commonwealth Court
Section 4.
The Commonwealth Court shall be a statewide court, and shall consist
of the number of judges and have such jurisdiction as shall be provided
by law. One of its judges shall be the president judge.
Courts of Common Pleas
Section 5.
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.
Community Courts; Philadelphia Municipal Court and Traffic Court
Section 6.
(a) in any judicial district a majority of the electors voting thereon
may approve the establishment or discontinuance of a community court.
Where a community court is approved, one community court shall be established;
its divisions, number of judges and jurisdiction shall be as provided
by law.
(b) The question whether a community court shall be established or discontinued
in any judicial district shall be placed upon the ballot in a primary
election by petition which shall be in the form prescribed by the officer
of the Commonwealth who under law shall have supervision over elections.
The petition shall be filed with that officer and shall be signed by
a number of electors equal to five percent of the total votes cast for
all candidates for the office occupied by a single official for which
the highest number of votes was cast in that judicial district at the
last preceding general or municipal election. The manner of signing such
petitions, the time of circulating them, the affidavits of the persons
circulating them and all other details not contained herein shall be
governed by the general laws relating to elections. The question shall
not be placed upon the ballot in a judicial district more than once in
any five-year period.
(c) In the City of Philadelphia there shall be a municipal Court and
a traffic court. The number of judges and the jurisdiction of each shall
be as provided by law. These courts shall exist so long as a community
court has not been established or in the event one has been discontinued
under this section.
Justices of the Peace; Magisterial Districts
Section 7.
(a) In any judicial district, other than the City of Philadelphia, where
a community court has not been established or where one has been discontinued
there shall be one justice of the peace in each magisterial district.
The jurisdiction of the justice of the peace shall be as provided by
law.
(b) The General Assembly shall by law establish classes of magisterial
districts solely on the basis of population and population density and
shall fix the salaries to be paid justices of the peace in each class.
The number and boundaries of magisterial districts of each class within
each judicial district shall be established by the Supreme Court or by
the courts of common pleas under the direction of the Supreme Court as
required for the efficient administration of justice within each magisterial
district.
Other Courts
Section 8.
The General Assembly may establish additional courts or divisions of
existing courts, as needed, or abolish any statutory court or division
thereof.
Right of Appeal
Section 9.
There shall be a right of appeal in all cases to a court of record from
a court not of record; and there shall also be a right of appeal from
a court of record or from an administrative agency to a court of record
or to an appellate court, the selection of such court to be as provided
by law; and there shall be such other rights of appeal as may be provided
by law.
Judicial Administration
Section 10.
(a) The Supreme Court shall exercise general supervisory and administrative
authority over all the courts and justices of the peace, including authority
to temporarily assign judges and justices of the peace from one court
or district to another as it deems appropriate.
(b) The Supreme Court shall appoint a court administrator and may appoint
such subordinate administrators and staff as may be necessary and proper
for the prompt and proper disposition of the business of all courts and
justices of the peace.
(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 assignments 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 laws shall be suspended to the extent that they are inconsistent
with rules prescribed under these provisions. Nothwithstanding 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
procedings, including the use of videotaped depositions or testimony
by closed-circuit television.
(d) The Chief Justice and president judges of all courts with seven
or less judges shall be the justice or judge longest in continuous service
on their respective courts; and in the event of his resignation from
this position the justice or judge next longest in continuous service
shall be the Chief Justice or president judge. The president judges of
all other courts shall be selected for five-year terms by the members
of their respective courts, except that the president judge of the traffic
court in the City of Philadelphia shall be appointed by the Governor.
A chief Justice or president judge may resign such position and remain
a member of the court. In the event of a tie vote for office of president
judge in a court which elects its president judge, the Supreme Court
shall appoint as president judge one of the judges receiving the highest
number of votes.
(e) Should any two or more justices or judges of the same court assume
office at the same time, they shall cast lots forthwith for priority
of commission, and certify the results to the Governor who shall issue
their commissions accordingly.
Judicial Districts; Boundaries
Section 11.
The number and boundaries of judicial districts shall be changed by
the General Assembly only with the advice and consent of the Supreme
Court.
Qualifications of Justices, Judges and Justices of the Peace
Section 12.
(a) Justices, judges and justices of the peace shall be citizens of
the Commonwealth. Justices and judges, except the judges of traffic court
in the City of Philadelphia, shall be members of the bar of the Supreme
Court. Justices and judges of statewide courts, for a period of one year
preceding their election or appointment and during their continuance
in office, shall reside within the Commonwealth. Other judges and justices
of the peace, for a period of one year preceding their election or appointment
and during their continuance in office, shall reside with their respective
districts, except as provided in this article for temporary assignments.
(b) Judges of the traffic court in the City of Philadelphia and justices
of the peace shall be members of the bar of the Supreme Court or shall
complete a course of training and instruction in the duties of their
respective offices and pass an examination prior to assuming office.
Such courses and examinations shall be as provided by law.
Election of Justices, Judges and Justices of the Peace; Vacancies
Section 13.
(a) Justices, judges and justices of the peace shall be elected at the
municipal election next preceding the commencement of their respective
terms of office by the electors of the Commonwealth or the respective
districts in which they are to serve.
(b) A vacancy in the office of justice, judge or justice of the peace
shall be filled by appointment by the Governor. The appointment shall
be with the advice and consent of two-thirds of the members elected to
the Senate, except in the case of justices of the peace which shall be
by a majority. The person so appointed shall serve for a term ending
on the first Monday of January following the next municipal election
more than ten months after the vacancy occurs or for the remainder of
the unexpired term whichever is less, except in the case of persons selected
as additional judges to the Superior Court, where the General Assembly
may stagger and fix the length of the initial terms of such additional
judges by reference to any of the first, second and third municipal elections
more than ten months after the additional judges are selected. The manner
by which any additional judges are selected shall be provided by this
section for the filling of vacancies in judicial offices.
(c) The provisions of section thirteen (b) shall not apply either in
the case of a vacancy to be filled by retention election as provided
in section fifteen (b), or in the case of a vacancy created by failure
of a justice or judge to file a declaration for retention election as
provided in section fifteen
(b) in the case of a vacancy occurring at the expiration of an appointive
term under section thirteen (b), the vacancy shall be filled by election
as provided in section thirteen (a).
(d) At the primary election in 1969, the electors of the Commonwealth
may elect to have the justices and judges of the Supreme, Superior, Commonwealth
and all other statewide courts appointed by the Governor from a list
of persons qualified for the offices submitted to him by the Judicial
Qualifications Commission. If a majority vote of those voting on the
question is in favor of this method of appointment, then whenever any
vacancy occurs thereafter for any reason in such court, the Governor
shall fill the vacancy by appointment in the manner prescribed in this
subsection. Such appointment shall not require the consent of the Senate.
(e) Each justice or judge appointed by the Governor under section thirteen
(d) shall hold office for an initial term ending the first Monday of
January following the next municipal election more than twenty-four months
following the appointment.
Judicial Qualifications Commission
Section 14.
(a) Should the method of judicial selection be adopted as provided in
section thirteen (d), there shall be a Judicial Qualifications Commission,
composed of four non-lawyer electors appointed by the Governor and three
non-judge members of the bar of the Supreme Court appointed by the Supreme
Court. No more than four members shall be of the same political party.
The members of the commission shall serve for terms of seven years, with
one member being selected each year. The commission shall consider all
names submitted to it and recommend to the Governor not fewer than ten
nor more than twenty of those qualified for each vacancy to be filled.
(b) During his term, no member shall hold a public office or public
appointment for which he receive compensation, nor shall he hold office
in a political party or political organization.
(c) A vacancy on the commission shall be filled by the appointment authority
for the balance of the term.
Tenure of Justices, Judges and Justices of the Peace
Section 15.
(a) The regular term of office of justices and judges shall be ten years
and the regular term of office for judges of the municipal court and
traffic court in the City of Philadelphia and of justices of the peace
shall be six years. The tenure of any justice or judge shall not be affected
by changes in judicial districts or by reduction in the number of judges.
(b) A justice or judge elected under section thirteen (a), appointed
under section thirteen (d) or retained under this section fifteen (b)
may file a declaration of candidacy for retention election with the officer
of the Commonwealth who under law shall have supervision over elections
on or before the first Monday of January of the year preceding the year
in which his term of office expires. If no declaration of candidacy for
retention election with the officer of the Commonwealth who under law
shall have supervision over elections on or before the first Monday of
January of the year preceding the year in which his term of office expires.
If no declaration is filed, a vacancy shall exist upon the expiration
of the term of office of such justice of judge, to be filled by election
under section thirteen (a) or by appointment under section thirteen (d)
if applicable. If a justice or judge files a declaration, his name shall
be submitted to the electors without party designation, on a separate
judicial ballot or in a separate column on voting machines, at the municipal
election immediately preceding the expiration of the term of office of
the justice or judge, to determine only the question whether he shall
be retained in office. If a majority is against retention, a vacancy
shall exist upon the expiration of his term of office, to be filled by
appointment under section thirteen (b) or under section thirteen (d)
if applicable. If a majority favors retention, the justice or judge shall
serve for the regular term of office provided herein, unless sooner removed
or retired. At the expiration of each term a justice or judge shall be
eligible for retention as provided herein subject only to the retirement
provisions of this article.
Compensation and Retirement of Justices, Judges and Justices of the
Peace
Section 16.
(a) Justices, judges and justices of the peace shall be compensated
by the Commonwealth as provided by law. Their compensation shall not
be diminished during their terms of office, unless by law applying generally
to all salaried officers of the Commonwealth.
(b) Justices, judges and justices of the peace shall be retired on the
last day of the calendar year in which they attain the age of 70 years.
Former and retired justices, judges and justices of the peace shall receive
such compensation as shall be provided by law. Except as provided by
law, no salary, retirement benefit or other compensation, present or
deferred, shall be paid to any justice, judge or justice of the peace
who, under section 18 or under Article VI, is suspended, removed or barred
from holding judicial office for conviction of a felony or misconduct
in office or conduct which prejudices the proper administration of justice
or brings the judicial office into disrepute.
(c) A former or retired justice or judge may, with his consent, be assigned
by the Supreme Court on temporary judicial service as may be prescribed
by rule of the Supreme Court.
Prohibited Activities
Section 17.
(a) Justices and judges shall devote full time to their judicial duties,
and shall not engage in the practice of law, hold office in a political
party or political organization, or hold an office or position of profit
in the government of the United States, the Commonwealth or any municipal
corporation or political subdivision thereof, except in the armed service
of the United States or the Commonwealth.
(b) Justices and judges shall not engage in any activity prohibited
by law and shall not violate any canon of legal or judicial ethics prescribed
by the Supreme Court. Justices of the peace shall be governed by rules
or canons which shall be prescribed by the Supreme Court.
(c) No justice, judge or justice of the peace shall be paid or accept
for the performance of any judicial duty or for any service connected
with his office, any fee, emolument of perquisite other than the salary
and expenses provided by law.
(d) No duties shall be imposed by law upon the Supreme Court or any
of the justices thereof or the Superior Court or any of the judges thereof,
except such as are judicial, nor shall any of them exercise any power
of appointment except as provided in this Constitution.
Suspension, Removal, Discipline and Compulsory Retirement
Section 18.
(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:
(1) The board shall be composed of 12 members, as follows: two judges,
other than senior judges, one from the courts of common pleas and the
other from either the Superior Court or the Commonwealth Court, one justice
of the peace who need not be a member of the bar of the Supreme Court,
three non-judge members of the bar of the Supreme Court and six non-lawyer
electors.
(2) The judge from either the Superior Court or the Commonwealth Court,
the justice of the peace, one non-judge member of the bar of the Supreme
Court and three non-lawyer electors shall be appointed to the board by
the Supreme Court. The judge from the courts of common pleas, two nonjudge
members of the bar of the Supreme Court and three non-lawyer electors
shall be appointed to the board by the Governor.
(3) Except for the initial appointees whose terms shall be provided
by the schedule to this article, the members shall serve for terms of
four years. All members 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 justice of the peace 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. A vacancy shall be filled by the respective appointing authority
for the remainder of the term to which the member was appointed. No member
may serve more than four consecutive years but may be reappointed after
a lapse of one year. The Governor shall convene the board for its first
meeting. At that meeting and annually thereafter, the members of the
board shall elect a chairperson. The board shall act only with the concurrence
of a majority of its members.
(4) 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. All members shall be
reimbursed for expenses necessarily incurred in the discharge of their
official duties.
(5) 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.
(6) The 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 Branch to the General Assembly.
(7) The board shall receive and investigate complaints regarding judicial
conduct filed by individuals or initiated by the board, 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 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 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-n 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, (lie contents and nature
of the complaint, the actions taken in the conduct of the investigation
and the results and conclusions of the investigation. Tile 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, the board shall so notify the subject of the charges and provide
the subject with an opportunity to resign from judicial office or, when
appropriate, to enter a rehabilitation program prior to the filing of
the formal charges with the Court of Judicial Discipline.
(10) Members of the 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.
(b) There shall be a Court of Judicial Discipline, the composition,
powers and duties of which shall be as follows:
(1) The court shall be composed of a total of eight members as follows:
three judges other than senior judges from the courts of common pleas,
die Superior Court or the Commonwealth Court, one justice of the peace,
two non-judge members of the bar of the Supreme Court and two non-lawyer
electors. Two judges, the justice of the peace and one non-lawyer elector
shall be appointed to the court by the Supreme Court. One judge, the
two non-judge members of the bar of the Supreme Court and one non-lawyer
elector shall be appointed to the court by the Governor.
(2) Except for the initial appointees whose terms shall be provided
by the schedule to this article, each member shall serve for a term of
four years; however, the member, rather than the member's successor,
shall continue to participate in any hearing in progress at the end of
the member's term. All members must be residents of this Commonwealth.
No more than two of the members appointed by the Supreme Court may be
registered in the same political party. No more than two of the members
appointed by the Governor may be registered in the same political party.
Membership of a judge or justice of the peace shall terminate if the
judge or justice of the peace ceases to hold the judicial position that
qualified the judge or justice of the peace for appointment. Membership
shall terminate if a member attains a position that would have rendered
that person ineligible for appointment at the time of the appointment.
A vacancy on the court 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. No member of
the court may serve more than four consecutive years but may be reappointed
after a lapse of one year.
(3) 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. No member, during the member's
term of service, may hold office in any political party or political
organization. Except for a judicial member, no member of the court, during
the member's term of service, may hold a compensated public office or
public appointment. All members of the court shall be reimbursed for
expenses necessarily incurred in the discharge of their official duties.
(4) The court 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. The court shall adopt rules to govern the conduct
of proceedings before the court.
(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 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 (fie 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.
(6) Members of the court and the court's staff 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.
(c) Decisions of the court shall be subject to review as follows:
(1) A justice, judge or justice of the peace shall have the right to
appeal a final adverse order of discipline of the court. A judge or justice
of the peace 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.
(2) On appeal, the Supreme Court or special tribunal shall review the
record of the proceedings of the court as follows: on the law, the scope
of review is plenary; on the facts, the scope of review is clearly erroneous;
and, as to sanctions, the scope of review is whether the sanctions imposed
were lawful. The Supreme Court or special tribunal may revise or reject
an order of the court upon a determination that the order did not sustain
this standard of review; otherwise, the Supreme Court or special tribunal
shall affirm the order of the court.
(3) An order of the court which dismisses a complaint against a judge
or justice of the peace 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 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 shall be subject to disciplinary
action pursuant to this section as follows:
(1) A justice, judge or justice of the peace 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. In the case of a mentally or physically disabled
justice, judge or justice of the peace, 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 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
shall be suspended or removed from office; and the salary of the justice,
judge or justice of the peace 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 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 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.
(4) A justice, judge or justice of the peace who files for nomination
for or election to any public office other than a judicial office shall
forfeit automatically his judicial office.
(5) This section is in addition to and not in substitution for the provisions
for impeachment for misbehavior in office contained in Article VI. No justice,
judge or justice of the peace against whom impeachment proceedings are
pending in the Senate shall exercise any of the duties of office until
acquittal.
COURTS OTHER THAN IN THE CITY OF PHILADELPHIA AND ALLEGHENY COUNTY
The Supreme Court
Section 1.
The Supreme Court shall exercise all the powers and, until otherwise provided
by law, jurisdiction now vested in the present Supreme Court and, until
otherwise provided by law, the accused in all cases of felonious homicide
shall have the right of appeal to the Supreme Court.
The Superior Court
Section 2.
Until otherwise provided by law, the Superior Court shall exercise all
the jurisdiction now vested in the present Superior Court. The present
terms of all judges of the Superior Court which would otherwise expire
on the first Monday of January in an odd-numbered year shall be extended
to expire in the even- numbered year next following.
Commonwealth Court
Section 3.
The Commonwealth Court shall come into existence on January 1, 1970. Notwithstanding
anything to the contrary in this article, the General Assembly shall stagger
the initial terms of judges of the Commonwealth Court.
The Courts of Common Pleas
Section 4.
Until otherwise provided by law, the several courts of common pleas shall
exercise the jurisdiction now vested in the present courts of common pleas.
The courts of oyer and terminer and general jail delivery, quarter sessions
of the peace, and orphans courts are abolished and the several courts of
common pleas shall also exercise the jurisdiction of these courts. Orphans'
courts in judicial districts having separate orphans' courts shall become
orphans' court divisions of the courts of common pleas and the court of
common pleas in those judicial districts shall exercise the jurisdiction
presently exercised by the separate orphans' courts through their respective
orphans' court division.
Orphans' Court Judges
Section 5.
In those judicial districts having separate orphans' courts, the present
judges thereof shall become judges of the orphans' court division of the
court of common pleas and the present president judge shall become the
president judge of the orphans' court division of the court of common pleas
for the remainder of his term without diminution in salary.
Courts of Common Pleas in Multi-County Judicial Districts
Section 6.
Courts of common pleas in multi-county judicial districts are abolished
as separate courts and are hereby constituted as branches of the single
court of common pleas established under this article in each such judicial
district.
Community Courts
Section 7.
In a Judicial district which establishes a community court, a person serving
as a justice of the peace at such time:
(a) May complete his term exercising the jurisdiction provided by law
with the compensation provided by law, and
(b) Upon completion of his term, his office is abolished and no judicial
function of the kind heretofore exercised by a justice of the peace shall
thereafter be exercised other than by the community court.
JUSTICES, JUDGES AND JUSTICES OF THE PEACE
Justices, Judges and Justices of the Peace
Section 8.
Notwithstanding any provision in the article, a present justice, judge
or justice of the peace may complete his term of office.
Associate Judges
Section 9.
The office of associate judge not learned in the law is abolished, but
a present associate judge may complete his term.
Retention Election of Present Justices and Judges
Section 10.
A present judge who was originally elected to office and seeks retention
in 1969 municipal election and is otherwise eligible may file his declaration
of candidacy by February 1, 1969.
Selection of President Judges
Section 11.
(a) Except in the City of Philadelphia, section ten (d) of the article
shall become effective upon the expiration of the term of the present president
judge, or upon earlier vacancy.
(b)Notwithstanding section ten (d) of the article the president judge
of the Superior Court shall be the judge longest in continuous service
on such court if such judge was a member of such court on the first Monday
of January 1977. If no such judge exists or is willing to serve as president
judge shall be selected as provided by this article.
MAGISTRATES, ALDERMEN AND JUSTICES OF THE PEACE AND MAGISTERIAL DISTRICTS
OTHER THAN IN THE CITY OF PHILADELPHIA
Magistrates, Aldermen and Justices of the Peace
Section 12.
An alderman, justice of the peace or magistrate:
(a) May complete his term, exercising the jurisdiction provided by law
and with the method of compensation provided by law prior to the adoption
of this article;
(b) Shall be deemed to have taken and passed the examination required
by this article for justices of the peace if he has completed one full
term of office before creation of a magisterial district, and
(c) At the completion of his term, his office is abolished.
(d) Except for officers completing their terms, after the first Monday
in January, 1970, no judicial function of the kind heretofore exercised
by these officers, by majors and like officers in municipalities shall
be exercised by any officer other than the one justice of the peace elected
or appointed to serve in that magisterial district.
Magisterial Districts
Section 13.
So that the provisions of this article regarding the establishment of
magisterial districts and the instruction and examination of justices of
the peace may be self-executing, until otherwise provided by law in a manner
agreeable to this article, the following provisions shall be in force:
(a) The Supreme Court or the courts of common pleas under the direction
of the Supreme Court shall fix the number and boundaries of magisterial
districts of each class within each judicial district by January 1, 1969,
and these magisterial districts, except where a community court has been
adopted, shall come into existence on January 1, 1970, the justices of
the peace thereof to be elected at the municipal election in 1969. These
justices of the peace shall retain no fine, costs or any other sum that
shall be delivered into their hands for the performance of any judicial
duty or for any service connected with their offices, but shall remit the
same to the Commonwealth, county, municipal subdivision, school district
or otherwise as may be provided by law.
(b) Classes of magisterial districts.
(i) Magisterial districts of the first class shall have a population density
of more than five thousand persons per square mile and a population of
not less than sixty-five thousand persons.
(ii) Magisterial districts of the second class shall have a population
density of between one thousand and five thousand persons per square mile
and a population of between twenty thousand persons and sixty-five thousand
persons.
(iii) Magisterial districts of the third class shall have a population
density of between two hundred and one thousand persons per square mile
and a population of between twelve thousand persons and twenty thousand
persons.
(iv) Magisterial districts of the fourth class shall have a population
density of between seventy and two hundred persons per square mile and
a population of between seven thousand five hundred persons and twelve
thousand persons.
(v) Magisterial districts of the fifth class shall have a population density
of under seventy persons per square mile and a population of between four
thousand persons and seven thousand five hundred persons.
(c) Salaries of justices of the peace. The salaries of the justices of
the peace shall be as follows:
(i) In first class magisterial districts, twelve thousand dollars per
year.
(ii) In second class magisterial districts, ten thousand dollars per year.
(iii) In third class magisterial districts, eight thousand dollars per
year.
(iv) In fourth and fifth class magisterial districts, five thousand dollars
per year.
(v) The salaries here fixed shall be paid by the State Treasurer and for
such payment this article and schedule shall be sufficient warrant.
(d) Course of training, instruction and examination. The course of training
and instruction and examination in civil and criminal law and procedure
for a justice of the peace shall be devised by the Department of Public
Instruction, and it shall administer this course and examination to insure
that justices of the peace are competent to perform their duties.
Magisterial Districts
Section 14.
Effective immediately upon establishment of magisterial districts and
until otherwise prescribed the civil and criminal procedural rules relating
to venue shall apply to magisterial districts; all proceedings before aldermen,
magistrates and justices of the peace shall be brought in and only in a
magisterial district in which occurs an event which would give rise to
venue in a court of record; the court of common pleas upon its own motion
or on application at any stage of proceedings shall transfer any proceeding
in any magisterial district to the justice of the peace for the magisterial
district in which proper venue lies.
PROTHONOTARIES AND CLERKS OTHER THAN IN THE CITY OF PHILADELPHIA
Prothonotaries, Clerks of Courts, Clerks of Orphans' Courts
Section 15.
Until otherwise provided by law, the offices of prothonotary and clerk
of courts shall become the offices of prothonotary and clerk of courts
of the court of common pleas of the judicial district, and in multi-county
judicial districts of their county's branch of the court of common pleas,
and the clerk of the orphans' court in a judicial district now having a
separate orphans' court shall become the clerk of the orphans' court division
of the court of common pleas, and these officers shall continue to perform
the duties of the office and to maintain and be responsible for the records,
books and dockets as heretofore. In judicial districts where the clerk
of the orphans' court is not the register of wills, he shall continue to
perform the duties of the office and to maintain and be responsible for
the records, books and dockets as heretofore until otherwise provided by
law.
THE CITY OF PHILADELPHIA
Courts and Judges
Section 16.
Until otherwise provided by law:
(a) The court of common pleas shall consist of a trial division, orphans'
court division and family court division.
(b) The judges of the court of common pleas shall become judges of the
trial division of the court of common pleas provided for in this article
and their tenure shall not otherwise be affected.
(c) The judges of the county court shall become judges of the family court
division of the court of common pleas and their tenure shall not otherwise
be affected.
(d) The judges of the orphans' court shall become judges of the orphans'
court division of the court of common pleas and their tenure shall not
otherwise be affected.
(e) As designated by the Governor, twenty-two of the present magistrates
shall become judges of the municipal court and six shall become judges
of the traffic court, and their tenure shall not otherwise be affected.
(f) One of the judges of the court of common pleas shall be president
judge and he shall be selected in the manner provided in section ten (d)
of this article. He shall be the administrative head of the court and shall
supervise the court's judicial business.
(g) Each division of the court of common pleas shall be presided over
by an administrative judge, who shall be one of its judges and shall be
elected for a term of five years by a majority vote of the judges of that
division. He shall assist the president judge in supervising the judicial
business of the court and shall be responsible to him. Subject to the foregoing,
the judges of the court of common pleas shall prescribe rules defining
the duties of the administrative judges. The president judge shall have
the power to assign judges from each division to each other division of
court when required to expedite the business of the court.
(h) Until all members of the municipal court are members of the bar of
the Supreme Court, the president judge of the court of common pleas shall
appoint one of the judges of the municipal court as president judge for
a five-year term or at the pleasure of the president judge of the court
of common pleas. The president judge of the municipal court shall be eligible
to succeed himself as president judge for any number of terms and shall
be the administrative head of that court and shall supervise the judicial
business of the court. He shall promulgate all administrative rules and
regulations and make all judicial assignments. The president judge of the
court of common pleas may assign temporarily judges of the municipal court
who are members of the bar of the Supreme Court to the court of common
pleas when required to expedite the business of the court.
(i) The Governor shall appoint one of the judges of the traffic court
as president judge for a term of five years or at the pleasure to the Governor.
The president judge of the traffic court shall be eligible to succeed himself
as president judge for any number of terms, shall be the executive and
administrative head of the traffic court, and shall supervise the judicial
business of the court, shall promulgate all administrative rules and regulations,
and shall make all judicial assignments.
(j) The exercise of all supervisory and administrative powers detailed
in this section sixteen shall be subject to the supervisory and administrative
control of the Supreme Court.
(k) The prothonotary shall continue to exercise the duties of that office
for the trial division of the court of common pleas and for the municipal
court.
(l) The clerk of quarter sessions shall continue to exercise the duties
of that office for the trial division of the court of common pleas and
for the municipal court.
(m) That officer serving as clerk to the county court shall continue to
exercise the duties of that office for the family division of the court
of common pleas.
(n) The register of wills shall serve ex officio as clerk of the orphans'
court division of the court of common pleas.
(o) The court of common pleas shall have unlimited original jurisdiction
in all cases except those cases assigned by this schedule to the municipal
court and to the traffic court. The court of common pleas shall have all
the jurisdiction now vested in the court of common pleas, the court of
oyer and terminer and general jail delivery, courts of quarter sessions
of the peace, orphans' court, and county court. Jurisdiction in all of
the foregoing cases shall be exercised through the trial division of the
court of common pleas except in those cases which are assigned by this
schedule to the orphans' court and family court divisions of the court
of common pleas. The court of common pleas through the trial division shall
also hear and determine appeals from the municipal court and traffic court.
(p) The court of common pleas through the orphans' court division shall
exercise the jurisdiction heretofore exercised by the orphans' court.
(q) The court of common pleas through the family court division of the
court of common pleas shall exercise jurisdiction in the following matters:
(i) Domestic Relations: desertion or nonsupport of wives, children and
indigent parents, including children born out of wedlock; proceedings for
custody of children; divorce and annulment and property matters relating
thereto.
(ii) Juvenile Matters: dependent, delinquent and neglected children and
children under eighteen years of age, suffering from epilepsy, nervous
or mental defects, incorrigible, runaway and disorderly minors eighteen
to twenty years of age and preliminary hears in criminal cases where the
victim is a juvenile.
(iii) Adoptions and Delayed Birth Certificates
(r) The municipal court shall have jurisdiction in the following matters.
(i) Committing magistrates' jurisdiction in all criminal matters.
(ii) All summary offenses, except those under the motor vehicle laws.
(iii) All criminal offenses for which no prison term may be imposed or
which are punishable by a term of imprisonment of not more than two years,
and indictable offenses under the motor vehicle laws for which no prison
term may be imposed or punishable by a term of imprisonment of not more
than three years. In these cases, the defendant shall have no right of
trial by jury in that court, but he shall have the right of appeal for
trial de novo including the right to trial by jury to the trial division
of the court of common pleas. Until there are a sufficient number of judges
who are members of the bar of the Supreme Court serving in the municipal
court to handle such matters, the trial division of the court of common
pleas shall have concurrent jurisdiction over such matters, the assignment
of cases to the respective courts to be determined by rule prescribed by
the president judge of the court of common pleas.
(iv) Matters arising under the Landlord and Tenant Act of 1951.
(v) All civil claims involving less than five hundred dollars. In these
cases, the parties shall have no right of trial by jury in that court but
shall have a right of appeal for a trial de novo including the right to
trial by jury to the trial division of the court of common pleas, it being
the purpose of this subsection to establish an expeditious small claims
procedure whereby it shall not be necessary for the litigants to obtain
council. This limited grant of civil jurisdiction shall be co-extensive
with the civil jurisdiction of the trial division of the court of common
pleas.
(vi) As commissioners to preside at arraignments, fix and accept bail,
issue warrants and perform duties of a similar nature. The grant of jurisdiction
under clauses (iii) and (v) of this subsection may be exercised only by
those judges who are members of the bar of the Supreme Court.
(s) The traffic court shall have exclusive jurisdiction of all summary
offenses under the motor vehicle laws.
(t) the courts of oyer and terminer and general jail delivery, quarter
sessions of the peace, the county court, the orphans' court and the ten
separate courts of common pleas are abolished and their jurisdiction and
powers shall be exercised by the court of common pleas provided for in
this article through the divisions established by this schedule.
(u) The office of magistrate, the board of magistrates and the present
traffic court are abolished.
(v) Those judges appointed to the municipal court in accordance with subsection
(e) of this section who are not members of the bar of the Supreme Court
shall be eligible to complete their present terms and to be elected to
and serve for one additional term, but not thereafter.
(w) The causes, proceedings, books, dockets and records of the abolished
courts shall become those of the court or division thereof to which, under
this schedule, jurisdiction of the proceedings or matters concerned has
been transferred, and that court or division thereof shall determine and
conclude such proceedings as if it had assumed jurisdiction in the first
instance.
(x) The present president judges of the abolished courts and chief magistrate
shall continue to receive the compensation to which they are now entitled
as president judges and chief magistrate until the end of their present
terms as president judges and chief magistrate respectively.
(y) The offices of prothonotary and register of wills in the City of Philadelphia
shall no longer be considered constitutional offices under this article,
but their powers and functions shall continue as at present until these
offices are covered in the Home Rule Charter by a referendum in the manner
provided by law.
(z) If a community court is established in the City of Philadelphia, a
person serving as a judge of the municipal or traffic court at that time:
(i) Notwithstanding the provisions of subsection (v) of this section,
may complete his term exercising the jurisdiction provided by law and with
the compensation provided by law; and
(ii) At the completion of his term, his office is abolished and no jurisdiction
of the kind exercised by those officers immediately after the effective
date of this article and schedule shall thereafter be exercises other than
by the community court.
ALLEGHENY COUNTY
Courts
Section 17.
Until otherwise provided by law:
(a) The court of common pleas shall consist of a trial division, an orphans'
court division and a family court division; the courts of oyer and terminer
and general jail delivery and quarter sessions of the peace, the county
court, the orphans' court, and the juvenile court are abolished and their
present jurisdiction shall be exercised by the court of common pleas. Until
otherwise provided by rule of the court of common pleas and, except as
otherwise provided in this schedule, the court of common pleas shall exercise
the jurisdiction of the present court of common pleas and the present county
court through the trial division. Until otherwise provided by rule of the
court of common pleas, the jurisdiction of the present orphans' court,
except as otherwise provided in this schedule, shall be exercised by the
court of common pleas through the orphans' court division.
(b) Until otherwise provided by rule of the court of common pleas, the
court of common pleas shall exercise jurisdiction in the following matters
through the family court division:
(i) Domestic Relations: Desertion or nonsupport or nonsupport of wives,
children and indigent parents, including children born out of wedlock;
proceedings, including habeas corpus, for custody of children; divorce
and annulment and property matters relating thereto.
(ii) Juvenile Matters: All matters now within the jurisdiction of the
juvenile court.
(iii) Adoptions and Delayed Birth Certificates.
Judges
Section 18.
Until otherwise provided by law, the present judges of the court of common
pleas shall continue to act as the judges of that court; the present judges
of the county court shall become judges of the court of common pleas; the
present judges of the orphans' court shall become judges of the orphans'
court division of the court of common pleas; the present judges of the
juvenile court shall become judges of the family court division of the
court of common pleas.
President Judges
Section 19.
The present president ju |