WHEREAS, Article III of the Pennsylvania Constitution establishes the power of the General Assembly to enact substantive legislation; and

WHEREAS, Article V of the Pennsylvania Constitution delegates to the Supreme Court the “general supervisory and administrative authority over all. . .” Pennsylvania Courts, including the power to create non-substantive, procedural rules as a co-equal branch of government; and

WHEREAS, House Bill 1910, Printer’s Number 2168 (H.B. 1910) would amend Article V, Section 10(c) of the Pennsylvania Constitution relating to judicial administration by transferring to the General Assembly the power to limit the rulemaking authority of the Pennsylvania Supreme Court; and

WHEREAS, H.B. 1910 would give the General Assembly the authority to override rules promulgated by the Supreme Court, effectively transferring the ultimate power to supervise and administer Pennsylvania Courts to the General Assembly; and

WHEREAS, H.B. 1910 is contrary to the public policy of promoting judicial independence; and

WHEREAS, Pennsylvania Constitution currently maintains the balance of power among the branches of state government by granting the General Assembly the authority to enact substantive legislation while limiting the authority of the Supreme Court to promulgate procedural rules and oversee the administration of the judicial branch of Pennsylvania Government.

NOW, THEREFORE, BE IT RESOLVED, that the Philadelphia Bar Association opposes enactment of H.B. 1910 and similar legislation that would amend the Pennsylvania Constitution to limit the rulemaking power of the Supreme Court of Pennsylvania;

AND BE IT FURTHER RESOLVED, that the Board of Governors of the Philadelphia Bar Association authorizes the Chancellor or the Chancellor’s designee(s) to communicate the position of this Association to the members of the General Assembly of Pennsylvania, the Governor of Pennsylvania, the legal community, the media, and the public, and to take such other action in furtherance of this resolution as may be deemed necessary.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
Adopted: May 26, 202