SB 277 — A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for tenure of justices, judges and justices of the peace.

PRIOR PASSAGE - NONE
                                                       PRINTER'S NO.   230

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 277
                                               Session of
                                                 2025

     INTRODUCED BY MASTRIANO AND DUSH, FEBRUARY 20, 2025

     REFERRED TO STATE GOVERNMENT, FEBRUARY 20, 2025


                              A JOINT RESOLUTION
 1   Proposing an amendment to the Constitution of the Commonwealth
 2      of Pennsylvania, further providing for tenure of justices,
 3      judges and justices of the peace.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby resolves as follows:
 6      Section 1.    The following amendment to the Constitution of
 7   Pennsylvania is proposed in accordance with Article XI:
 8      That section 15 of Article V be amended to read:
 9   § 15.    Tenure of justices, judges and justices of the peace.
10      (a)    The regular term of office of justices and judges shall
11   be ten years and the regular term of office for judges of the
12   municipal court in the City of Philadelphia and of justices of
13   the peace shall be six years. The tenure of any justice or judge
14   shall not be affected by changes in judicial districts or by
15   reduction in the number of judges.
16      (b)    [A] Except as provided under this section 15(c), a
17   justice or judge elected under section 13(a), appointed under
18   section 13(d) or retained under this section 15(b) may file a
 1   declaration of candidacy for retention election with the officer
 2   of the Commonwealth who under law shall have supervision over
 3   elections on or before the first Monday of January of the year
 4   preceding the year in which his term of office expires. If no
 5   declaration is filed, a vacancy shall exist upon the expiration
 6   of the term of office of such justice or judge, to be filled by
 7   election under section 13(a) or by appointment under section
 8   13(d) if applicable. If a justice or judge files a declaration,
 9   his name shall be submitted to the electors without party
10   designation, on a separate judicial ballot or in a separate
11   column on voting machines, at the municipal election immediately
12   preceding the expiration of the term of office of the justice or
13   judge, to determine only the question whether he shall be
14   retained in office. If a majority is against retention, a
15   vacancy shall exist upon the expiration of his term of office,
16   to be filled by appointment under section 13(b) or under section
17   13(d) if applicable. If a majority favors retention, the justice
18   or judge shall serve for the regular term of office provided
19   herein, unless sooner removed or retired. At the expiration of
20   each term a justice or judge shall be eligible for retention as
21   provided herein, subject only to the retirement provisions of
22   this article.
23      (c)   A justice of the Supreme Court, judge of the Superior
24   Court or judge of the Commonwealth Court shall be eligible to
25   serve two terms on each court. A justice of the Supreme Court,
26   judge of the Superior Court or judge of the Commonwealth Court
27   who shall have exceeded the term limitation prescribed under
28   this section 15(c) shall be permitted to complete their current
29   term in office.
30      Section 2.     The following procedure applies to the proposed

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 1   constitutional amendment in this joint resolution:
 2          (1)   Upon the first passage by the General Assembly of
 3      the amendment, the Secretary of the Commonwealth shall
 4      proceed immediately to comply with the advertising
 5      requirements of section 1 of Article XI of the Constitution
 6      of Pennsylvania.
 7          (2)   Upon the second passage by the General Assembly of
 8      the amendment, the Secretary of the Commonwealth shall
 9      proceed immediately to comply with the advertising
10      requirements of section 1 of Article XI of the Constitution
11      of Pennsylvania. The Secretary of the Commonwealth shall
12      submit the amendment to the qualified electors of this
13      Commonwealth at the first general or municipal election which
14      meets the requirements of section 1 of Article XI of the
15      Constitution of Pennsylvania.




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