Many voters find the election of judges to be confusing. This brief overview will explain the judicial system in Pennsylvania and the role of each court, to help voters decide who is the best candidate for a particular court. It should be noted that there is a separate judicial system at the federal level, but the judges who sit in federal court are appointed with the advice and consent of the U.S. Senate; they are not elected.
The Pennsylvania Court system is most easily described with the following diagram which shows the State Supreme Court at the top level and local Magisterial District Courts at the bottom. Appeals from the lower courts are generally heard by the next court above them on the hierarchy.
Magisterial District Courts
The lowest level of courts in Allegheny County are called magisterial district courts which are presided over by a single locally-elected judge called a magistrate or magisterial district judge. Magisterial district judges are elected for a term of 6 years after which they may run for reelection. The types of cases heard by a magistrate include summary offenses (like traffic violations), landlord-tenant matters, violations of municipal ordinances, breaches of contract, and small claims (less than $12,000). Under certain circumstances, decisions of a magistrate can be appealed to the Allegheny Court of Common Pleas.
Allegheny Court of Common Pleas
The Court of Common Pleas is the trial court of general jurisdiction in Allegheny County. Judges for this court hear civil cases involving matters of state law such as breach of contract and personal injury, divorce and custody, and property matters. This court also conducts trials for serious crimes under Pennsylvania law and reviews appeals from the local magisterial district courts. There are 43 judges currently serving the court, and judges are typically elected in county-wide elections for 10 year terms. At the end of a term, a Common Pleas judge may run for “retention”, a non partisan yes/no vote, for another 10 year term.
Many cases in the Court of Common Pleas are tried by a jury. At trial, the parties present evidence and the judge (or jury if there is one) determines the facts and applies the law to those facts as determined by the appellate court. Each of the judges on the Court of Common Pleas sits independently of the other judges. Parties who believe that the outcome of their case is wrong have a right to appeal to Superior Court.
Superior Court
Pennsylvania’s Superior Court is considered an “intermediate appellate court” – because it is the first level of appeal from the Court of Common Pleas but sits below the Supreme Court, the court of last resort. The Superior Court hears appeals for criminal and civil cases from the Court of Common Pleas, and generally accepts the factual determinations of that court, but corrects any errors of law that may have occurred. Superior Court judges usually hear cases in panels of three judges. On rare occasions, the whole court may hear a case.
The Superior Court has 15 judges which are elected in state-wide elections and serve for 10 year terms. At the end of their term the Superior Court judges, like Common Pleas judges, can run for “retention” which is equivalent of being reelected.
Commonwealth Court
The other intermediate appellate court in Pennsylvania is the Commonwealth Court. Commonwealth Court hears cases involving state agencies, public sector legal questions, issues regarding government regulations, and elections cases. Unlike Superior Court, a Commonwealth Court judge may also conduct a trial of certain cases, such as those involving a state agency.
The Commonwealth Court has 9 judges which are selected through state-wide elections and serve for terms of 10 years and who may run for retention. When Commonwealth Court is hearing appeals, it sits in panels of three judges but on rare occasions, the whole court may hear a case.
Pennsylvania State Supreme Court
The Pennsylvania Supreme Court is the court of last resort and is the highest appellate court in Pennsylvania. It has a “discretionary docket” meaning it can choose which cases it wants to hear from Superior Court. There is a right to appeal from Commonwealth Court to the Supreme Court when that court acts as a trial court; other appeals from Commonwealth Court are discretionary. When the Supreme Court hears a case, all the justices generally sit and hear the case.
The Pennsylvania Supreme Court has the final say on matters of the interpretation of state law and questions involving the state constitution. The court has 7 elected justices who are selected through state-wide elections and who serve for terms of 10 years. Justices may stand for a retention election at the end of their term.
Additional Information
Additional Information on the Pennsylvania Judicial System can be found at the following links:
https://www.pmconline.org/resources/pennsylvania-court-structure