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 1
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.
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 meet the witnesses face to face, 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 when the proof is evident of
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.
Article II
THE LEGISLATURE
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) 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.
(g) 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.
(h) 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.
Article IV
THE EXECUTIVE
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, 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 two-thirds or a
majority of the members elected to the Senate as is specified by law for
terms of six years. The three members appointed by the Governor shall be
residents of Pennsylvania and shall be recognized leaders in their fields;
one shall be a member of the bar, one a penologist, 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 justice; 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.
(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 upon attaining the age of seventy years. Former and retired
justices, judges and justices of the peace shall receive such compensation
as shall be provided by law. No compensation shall be paid to any justice,
judge or justice of the peace who is suspended or removed from office under
section eighteen of this article or under Article VI.
(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 a Judicial Inquiry and
Review Board having nine members as follows: three judges of the courts of
common pleas from different judicial districts and two judges of the
Superior Court, all of whom shall be selected by the Supreme Court; and two
non-judge members of the bar of the Supreme Court and two non-lawyer
electors, all of whom shall be selected by the Governor.
(b) The members shall serve for terms of four
years, provided that a member, rather than his successor, shall continue to
participate in any hearing in progress at the end of his term. A vacancy on
the board shall be filled by the respective appointing authority for the
balance of the term. The respective appointing authority may remove a member
only for cause. No member shall serve more than four consecutive years; he
may be reappointed after a lapse of one year. Annually the members of the
board shall elect a chairmen. The board shall act only with the concurrence
of a majority of its members.
(c) A member shall not hold office in a
political party or political organization. Members, other than judges, shall
be compensated for their services as the Supreme Court shall prescribe. All
members shall be reimbursed for expenses necessarily incurred in the
discharge of their official duties.
(d) Under the procedure prescribed herein, any
justice or judge may be suspended, removed from office or otherwise
disciplined for violation of section seventeen of this article, misconduct
in office, neglect of duty, failure to perform his duties, or conduct which
prejudices the proper administration of justice or brings the judicial
office into disrepute, and may be retired for disability seriously
interfering with the performance of his duties.
(e) The board shall keep informed as to matters
relating to grounds for suspension, removal, discipline, or compulsory
retirement of justices or judges. It shall receive complaints or reports,
formal or informal, from any source pertaining to such matters, and shall
make such preliminary investigations as it deems necessary.
(f) The board, after such investigation, may
order a hearing concerning the suspension, removal, discipline or compulsory
retirement of a justice or judge. The board's orders for attendance of or
testimony by witnesses or for the production of documents at any hearing or
investigation shall be enforceable by contempt proceedings.
(g) If, after hearing, the board finds good
cause therefor, it shall recommend to the Supreme Court the suspension,
removal, discipline or compulsory retirement of the justice or judge.
(h) The Supreme Court shall review the record
of the board's proceedings on the law and facts and may permit the
introduction of additional evidence. It shall order suspension, removal,
discipline or compulsory retirement, or wholly reject the recommendation, as
it finds just and proper. Upon on order for compulsory retirement, the
justice or judge shall be retired with the same rights and privileges were
he retired under section sixteen of this article. Upon an order for
suspension or removal, the justice or judge shall be suspended or removed
from office, and his salary shall cease from the date of such order. All
papers filed with and proceedings before the board shall be confidential but
upon being filed by the board in the Supreme Court, the record shall lose
its confidential character. The filing of papers with and the giving of
testimony before the board shall be privileged.
(i) No justice or judge shall participate as a
member of the board or of the Supreme Court in any proceeding involving his
suspension, removal, discipline or compulsory retirement.
(j) The Supreme Court shall prescribe rules of
procedure under this section.
(k) The Supreme Court shall prescribe rules of
procedure for the suspension, removal, discipline and compulsory retirement
of justices of the peace.
(l) 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 eighteen shall
forfeit automatically his judicial office and thereafter be ineligible for
judicial office.
(m) A justice or judge who shall file for
nomination for or election to any public office other than a judicial office
shall forfeit automatically his judicial office.
(n) 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 his office until he has been acquitted.
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 judge of the court of
common pleas may complete his term as president judge; the present president
judge of the orphans' court shall be the president judge of the orphans'
court division of the court of common pleas for the remainder of his term as
president judge, and the present president judge of the county court shall
be the president judge of the family court division of the court of common
pleas for the remainder of his term as president judge, all these without
diminution of salary as president judge. The president judge of the trial
division shall be selected pursuant to section twenty of this schedule.
President Judges; Court Division
Section 20.
Until otherwise provided by law, the trial
division, the orphans' court division and the family court division of the
court of common pleas shall each be presided over by a president judge, who
shall be one of the judges of such division 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 of the court of common pleas 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 president judges. The president judge of the
court of common pleas shall have the power to assign judges from one
division to another division of the court when required to expedite the
business of the court. The exercise of these supervisory and administrative
powers, however, shall be subject to the supervisory and administrative
powers of the Supreme Court.
THE CITY OF PITTSBURGH
Inferior Courts
Section 21.
Upon the establishment of magisterial districts
pursuant to this article and schedule, and unless otherwise provided by law,
the police magistrates, including those serving in the traffic court, the
housing court and the city court shall continue as at present. Such
magistrates shall be part of the unified judicial system and shall be
subject to the general supervisory and administrative authority of the
Supreme Court. Such magistrates shall be subject to the provisions of this
article and schedule regarding educational requirements and prohibited
activities of justices of the peace.
CAUSES, PROCEEDINGS, BOOKS AND RECORDS
Causes, Proceedings, Books and Records
Section 22.
All causes and proceedings pending in any
abolished court or office of the justice of the peace shall be determined
and concluded by the court to which jurisdiction of the proceedings has been
transferred under this schedule and all books, dockets and records of any
abolished court or office of the justice of the peace shall become those of
the court to which, under this schedule, jurisdiction of the proceedings
concerned has been transferred.
COMMISSION AND BOARD
Judicial Qualifications Commission
Section 23.
The selection of the first members of the
Judicial Qualifications Commission provided for in section fourteen (a) of
this article shall be made as follows: The Governor shall appoint the four
non-lawyer members for terms of, respectively, one year, three years, five
years and seven years, no more than two of whom shall be members of the same
political party. The Supreme Court shall appoint the three non-judge members
of the bar of the Supreme Court of Pennsylvania for terms, respectively, of
two years, four years and six years, no more than two of whom shall be
members of the same political party.
Judicial Inquiry and Review Board
Section 24.
The selection of the first members of the
Judicial Inquiry and Review Board shall be made as follows: one judge of the
Superior Court, one non-judge member of the bar of the Supreme Court, and
one non-lawyer member shall be selected for two-year terms; one judge of the
Superior Court, one non-judge member of the bar of the Supreme Court, and
one non-lawyer member shall be selected for four years terms; one judge of
the court of common pleas shall be selected for a term of two years, one for
a term of three years, and one for a term of four years.
GENERAL PROVISIONS
Dispensing with Trial by Jury
Section 25.
Until otherwise provided by law, the parties,
by agreement filed, may in any civil case dispense with trial by jury, and
submit the decision of such case to the court having jurisdiction thereof,
and such court shall hear and determine the same; and the judgment thereon
shall be subject to writ of error as in other cases.
Writs of Certiorari
Section 26.
Unless and until changed by rule of the Supreme
Court, in addition to the right of appear under section nine of this
article, the judges of the courts of common pleas, within their respective
judicial districts, shall have power to issue writs of certiorari to the
municipal court in the City of Philadelphia, justices of the peace and
inferior courts not of record and to cause their proceedings to be brought
before them, and right and justice to be done.
Judicial Districts
Section 27.
Until changed in accordance with section eleven
of this article, the number and boundaries of judicial districts shall
remain as at present.
Referendum
Section 28.
The officer of the Commonwealth who under law
shall have supervision over elections shall cause the question provided for
in section thirteen (d) of this article to be placed on the ballot in the
1969 primary election throughout the Commonwealth.
Persons Specially Admitted by Local Rules
Section 29.
Any person now specially admitted to practice
may continue to practice in the court of common pleas or in that division of
the court of common pleas and the municipal court in the City of
Philadelphia which substantially includes the practice for which such person
was previously specially admitted.
Article VI
PUBLIC OFFICERS
Section of Officers Not Otherwise Provided for
in Constitution
Section 1.
All officers, whose selection is not provided
for in this Constitution, shall be elected or appointed as may be directed
by law.
Incompatible Offices
Section 2.
No member of Congress from this State, nor any
person holding or exercising any office or appointment of trust or profit
under the United States, shall at the same time hold or exercise any office
in this State to which a salary, fees or perquisites shall be attached. The
General Assembly may be law declare what offices are incompatible.
Oath of Office
Section 3.
Senators, Representatives and all judicial,
State and county officers shall, before entering on the duties of their
respective offices, take and subscribe the following oath or affirmation
before a person authorized to administer oaths. "I do solemnly swear (or
affirm) that I will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that I will discharge
the duties of my office with fidelity." The oath or affirmation shall be
administered to a member of the Senate or to a member of the House of
Representatives in the hall of the House to which he shall have been
elected. Any person refusing to take the oath or affirmation shall forfeit
his office.
Power of Impeachment
Section 4.
The House of Representatives shall have the
sole power of impeachment.
Trial of Impeachments
Section 5.
All impeachments shall be tried by the Senate.
When sitting for that purpose the Senators shall be upon oath or
affirmation. No person shall be convicted without the concurrence of
two-thirds of the members present.
Officers Liable to Impeachment
Section 6.
The Governor and all other civil officers shall
be liable to impeachment for any misbehavior in office, but judgment in such
cases shall not extend further than to removal from office and
disqualification to hold any office of trust or profit under this
Commonwealth. The person accused, whether convicted or acquitted, shall
nevertheless be liable to indictment, trial, judgment and punishment
according to law.
Removal of Civil Officers
Section 7.
All civil officers shall hold their offices on
the condition that they behave themselves well while in office, and shall be
removed on conviction of misbehavior in office or of any infamous crime.
Appointed civil officers, other than judges of the courts of record, may be
removed at the pleasure of the power by which they shall have been
appointed. All civil officers elected by the people, except the Governor,
the Lieutenant Governor, members of the General Assembly and judges of the
courts of record, shall be removed by the Governor for reasonable cause,
after due notice and full hearing, on the address of two-thirds of the
Senate.
Article VII
ELECTIONS
Qualifications of Electors
Section 1.
Every citizen 21 years of age, possessing the
following qualifications, shall be entitled to vote at all elections
subject, however, to such laws requiring and regulating the registration of
electors as the General Assembly may enact. 1. He or she shall have been a
citizen of the United States at least one month. 2. He or she shall have
resided in the State ninety (90) days immediately preceding the election. 3.
He or she shall have resided in the election district where he or she shall
offer to vote at least sixty (60) days immediately preceding the election,
except that if qualified to vote in an election district prior to removal of
residence, he or she may, if a resident of Pennsylvania, vote in the
election district from which he or she removed his or her residence within
sixty (60) days preceding the election.
General Election Day
Section 2.
The general election shall be held biennially
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