In 1968, after Article V Section 10(c) was amended to the State Constitution, the Judicial Branch imposed their own interpretation of “administrative” independence, as giving them powers – that are not intended under the Amendment. This resulted in the systematic exemption of the Judiciary from Open Meeting laws, .
In 1974, Governor Milton Shapp ordered the Attorney General of Pennsylvania to investigate the intent of the Judicial Branch to replace the Open Meeting Laws with the “Sunshine Act. ” As a result, he signed into law Title 42 § 1703. Meeting procedures. which specifically mandated that the Judicial Branch be defined as an “agency” under the Open Meeting Laws.
In 1978, in an act of defiance, the PA Supreme Court unilaterally repealed the Open Meeting Laws, declaring them “unconstitutional” and replaced them with “Sunshine Act”, which exempted the Judicial Branch from pubic and legislative oversight. This was designed to effect maximum free-reign to lawyers, who proceeded to form “rules committees” without having to answer to elected officials. This has had a disastrous effect to our democracy, allowed racketeering in the courts, and is in complete conflict with any form of democracy. It must be corrected by re-instating the Governor Shapps Act 42 Title 1703, requiring the Judiciary to comply with the Open Meeting Laws.
Just about EVERY STATE has done this in succession since the 1960’s. This allows the lawyers to conduct “rules committees” without public or legislative participation. The result has deprived the people of due process and civil rights for 5 decades. Florida was the first in 1964-with the American Bar Association facilitating the spread. Check your state here.
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