JUDICIAL BRANCH

"Justice is the crowning glory of the
virtues."

Pennsylvania's unified judicial system means that every court in the Commonwealth is under the supervision of the state Supreme Court. The judicial system may be thought of as a pyramid, with the Supreme Court at the apex. Below it are the two appellate courts, Superior Court and Commonwealth Court, followed by the Courts of Common Pleas. The base of the pyramid is the minor judiciary of the community courts, district justices, the municipal and traffic courts of Philadelphia, and Pittsburgh's police magistrate courts.

The citizens of Pennsylvania depend on the judicial system to interpret and apply the laws of our Commonwealth. It is a great responsibility and a very important one in terms of maintaining order and justice in our state.

This section examines the various jurisdictions of Pennsylvania's courts and the responsibilities and restrictions of the judges and justices of those courts.

156. HOW DOES THE CONSTITUTION PROVIDE FOR JUDICIAL POWER?

The fifth article of the Constitution vests judicial power of the Commonwealth 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" and other courts as provided by law and justices of the peace.

157. HOW IS THE UNIFIED JUDICIAL SYSTEM ADMINISTERED?

The Administrative Office of Pennsylvania Courts oversees the unified judicial system and is responsible for the prompt and proper disposition of the business of all courts. A court administrator heads the office and is appointed by the Supreme Court.

158. WHAT IS THE DIFFERENCE BETWEEN SUPREME, SUPERIOR, AND COMMONWEALTH COURTS?

Aside from differences in jurisdiction, the primary distinction is that the Supreme Court is part of the constitutional framework of Pennsylvania's state government. Both the Superior and Commonwealth Courts were established by an act of the General Assembly.

The Supreme Court is Pennsylvania's highest court and holds the Commonwealth's supreme judicial power. It makes the final judgment on interpreting the Constitution in regard to statutes enacted by the General Assembly.

THE SUPREME COURT

The Supreme Court has original but not exclusive jurisdiction over:

a) all cases of habeas corpus (any of several common law writs issued to bring a party before a court or judge);

b) all cases of mandamus (a command by a superior court for the performance of a specified official act or duty) or prohibition to courts of inferior jurisdiction; and

c) all cases of quo warranto as to any officer of statewide jurisdiction (requiring demonstration of the authority by which an individual exercises a public office).

The Supreme Court has exclusive jurisdiction of appeals from final orders of the Courts of Common Pleas in cases of:

a) felony murder;

b) the right to public office;

c) matters decided in the orphans' court division;

d) certain actions or proceedings in equity;

e) direct criminal contempt in the Courts of Common Pleas and other contempt proceedings relating to orders appealable directly to the Court;

f) suspension or disbarment from the practice of law and other related disciplinary orders or sanctions;

g) supersession of a District Attorney by an Attorney General or a court;

h) matters in which the right or power of the Commonwealth or any political subdivision to create or issue indebtedness is in question; and

i) rulings of unconstitutionality by a Court of Common Pleas.

The Supreme Court has exclusive jurisdiction of appeals from all final orders of the Commonwealth Court, provided the matter was originally commenced in that court and not as an appeal from another court, an administrative agency, or justice of the peace. (One exception is an appeal to a final order of the Commonwealth Court that was made on an appeal from the Board of Finance and Revenue.)

The Supreme Court can review certain final orders of the Superior and Commonwealth Courts if any party to the matter petitions the court and an appeal is granted by any two justices.

In addition, the Court can assume full jurisdiction over any matter involving an issue of immediate public importance pending before any court or justice of the peace in the Commonwealth, either on its own motion or upon petition of any party.

160. HOW MANY JUSTICES ARE THERE ON THE SUPREME COURT?

Seven, with one serving as Chief Justice.

161. HOW IS THE CHIEF JUSTICE CHOSEN?

The Chief Justice is chosen on the basis of longest continuous service, or seniority.

162. IF TWO JUSTICES ARE ELECTED AT THE SAME TIME, HOW IS SENIORITY DETERMINED?

If two justices are elected at the same time, they draw lots to decide who has seniority.

As in all of Pennsylvania's courts, elected justices have seniority over appointed ones.

163. HOW ARE SUPREME COURT JUSTICES CHOSEN?

Justices are elected by the voters.

164. WHAT IS THE TERM OF OFFICE OF A SUPREME COURT JUSTICE?

Justices are elected for a term of 10 years, after which they are eligible for retention election.

165. HOW IS A SUPREME COURT JUSTICE RETAINED?

A justice must file a declaration of candidacy for retention election no later than the first Monday of January in the year before the current term expires.

If no declaration is filed, a vacancy will exist upon expiration of the justice's term. If a declaration is filed, the justice's name (without party designation) will then be submitted to electors at the municipal election immediately preceding the expiration of the term to determine if the justice will be retained in office.

A majority vote in favor will retain the justice for another term of office. If a majority is against retention, a vacancy will exist and be filled by appointment at the expiration of the justice's current term.

166. HOW IS A VACANCY ON THE SUPREME COURT FILLED?

The Governor makes an appointment to fill any vacancy on the Supreme Court, and the appointee must be confirmed by a two-thirds vote of the Senate.

167. DOES THE PENNSYLVANIA SUPREME COURT SIT IN ANY CITY OTHER THAN HARRISBURG?

Yes, it also sits in Philadelphia and Pittsburgh. In order to expedite the business of the court, the Commonwealth is divided into three districts.

The Eastern District, with a prothonotary's office in Philadelphia, includes the counties of Bedford, Berks, Bradford, Bucks, Cameron, Carbon, Centre, Chester, Clinton, Columbia, Cumberland, Delaware, Elk, Huntingdon, Juniata, Lackawanna, Lancaster, Lebanon, Lehigh, Luzerne, Lycoming, Monroe, Montgomery, Montour, Northampton, Northumberland, Philadelphia, Pike, Potter, Schuyikill, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, and Wyoming.

The Middle District, with a prothonotary's office in Harrisburg, includes Adams, Dauphin, Franklin, Fulton, Mifflin, Perry, and York counties.

The Western District, with a prothonotary's office in Pittsburgh, includes the remaining counties of Allegheny, Armstrong, Beaver, Blair, Butler, Cambria, Clarion, Clearfield, Crawford, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Venango, Warren, Washington, and Westmoreland.

168. HOW MANY SESSIONS OF THE SUPREME COURT ARE HELD EACH YEAR?

Eight. Supreme Court Rule 26 provides for regular sessions to be held in Philadelphia during winter, spring, and fall for the Eastern District; in Harrisburg during the spring for the Middle District; and in Pittsburgh during spring and fall for the Western District.

169. HOW ARE THE SESSION DATES ESTABLISHED?

The dates are fixed by court calendars.

170. WHO WAS THE FIRST CHIEF JUSTICE OF THE PENNSYLVANIA SUPREME COURT?

William Penn appointed Captain William Crispin as the first Chief Justice in a letter dated August 18, 1681. Crispin died at sea on his way to Pennsylvania.

The first Chief Justice to fulfill his duties was Dr. Nicholas Moore, who undertook the position on June 4, 1684.

SUPERIOR COURT

The Superior Court has exclusive jurisdiction over appeals from the Courts of Common Pleas, except for those types of appeals under exclusive jurisdiction of the Supreme or Commonwealth Courts. The Superior Court has original jurisdiction to entertain, hold hearings on, and decide applications for wiretapping and electronic surveillance.

172. WHEN WAS THE SUPERIOR COURT ESTABLISHED?

The Superior Court was established by legislation approved by the Governor in June 1895. The 1968 Constitutional Convention made it a constitutional court.

173. HOW MANY JUDGES ARE ON THE SUPERIOR COURT?

There are 15, with one serving as President Judge, who in addition to judicial duties, is responsible for assigning cases.

174. HOW IS THE PRESIDENT JUDGE CHOSEN?

The first President Judge was determined by the drawing of lots. After that, the President Judge was chosen on the basis of seniority. If two or more judges were elected at the same time, they would draw lots to decide seniority.

Since 1985, however, the President Judge has been elected by a majority vote of the judges of the court for a five- year term. After serving a full five-year term, no President Judge can be re-elected without there being an intervening full elected term.

175. HOW ARE JUDGES OF THE SUPERIOR COURT CHOSEN AND WHAT IS THEIR TERM OF OFFICE?

Like the members of the Supreme Court, they are chosen in a municipal election. The terms and conditions for their re-election are also the same as for justices of the Supreme Court. (See questions 163, 164, and 165.)

176. HOW IS A VACANCY ON THE SUPERIOR COURT FILLED?

In the same manner as the Supreme Court. (See question 166.)

177. DOES THE PENNSYLVANIA SUPERIOR COURT SIT IN ANY CITY OTHER THAN HARRISBURG?

Yes, in Philadelphia and Pittsburgh. The state is divided into the Philadelphia District, the Harrisburg District, and the Pittsburgh District. These districts have the same composition as the Eastern, Middle, and Western Districts of the Supreme Court. (See question 167.)

In addition, upon the joint invitation of the judges of a county Court of Common Pleas and that county's bar association, the Superior Court periodically holds special sessions in other cities.

178. HOW MANY SESSIONS OF THE SUPERIOR COURT ARE HELD EACH YEAR?

The Superior Court holds no preset number of sessions. The Court ordinarily sits in panels of three judges, whose composition changes weekly. The number of argument sessions conducted each year is determined by the number of appeals filed.

In addition, appeals submitted without oral argument are considered by three-judge panels.

Periodically, the Court sits in en banc sessions (in which the entire court participates) commonly three to six times each year.

179. WHO WAS THE FIRST PRESIDENT JUDGE OF THE SUPERIOR COURT?

Charles E. Rice of Wilkes-Barre, Luzerne County, became the first President Judge on June 28, 1895.

COMMONWEALTH COURT

The Commonwealth Court is primarily an appellate court, but it does have some original jurisdiction.

It has exclusive appellate jurisdiction of:

a) final orders of the Courts of Common Pleas in certain specific cases;

b) final orders of Commonwealth agencies including appeals from the Environmental Hearing Board, Public Utility Commission, Unemployment Compensation Board of Review, and any other Commonwealth agency having statewide authority, with certain specific exceptions;

c) awards of arbitrators in disputes between the Commonwealth and a state employee; and

d) any other matter as set by statute.

The Commonwealth Court also has original jurisdiction of:

a) all civil actions or proceedings against state government, including, with some exceptions, any state officer acting in an official capacity;

b) all civil actions by state government or an officer of it except eminent domain;

c) all civil actions under certain provisions of the Insurance Department Act of 1921;

d) election matters relating to statewide offices; and

e) any other matter as determined by statute.

181. HOW MANY JUDGES ARE ON THE COMMONWEALTH COURT?

Nine, with one serving as President Judge. The Supreme Court also designates six senior judges to sit with the Commonwealth Court.

182. HOW IS THE PRESIDENT JUDGE CHOSEN?

The judges of the court elect a President Judge for a term of five years.

183. WHAT IS THE TERM OF OFFICE OF A JUDGE OF THE COMMONWEALTH COURT?

A judge of the Commonwealth Court is elected to serve a 10-year term. At the end of a term, a judge may run for retention and serve another 10 years.

184. DOES THE COMMONWEALTH COURT SIT IN ANY CITY OTHER THAN HARRISBURG?

Yes. The court holds regular sessions in Philadelphia and Pittsburgh in addition to Harrisburg. Special sessions may be held in any judicial district of the state when deemed to be in the interest of justice, for the convenience of parties and/or witnesses, or for any other reason.

185. HOW MANY SESSIONS OF THE COMMONWEALTH COURT ARE HELD EACH YEAR?

Nine. The court conducts regular sessions each month except in January, July, and August.

PHILADELPHIA MUNICIPAL AND TRAFFIC COURTS

The criminal jurisdiction of the Municipal Court of Philadelphia includes:

• summary offenses except those under motor vehicle law;

• all criminal offenses in which no prison term can be imposed or which are punishable by imprisonment of no more than five years; and

• certain more serious offenses under motor vehicle law.

In civil cases, the court has jurisdiction in:

• landlord and tenant matters;

• damage from breach of agreement, recovering damages for breach of contract or promise;

• trespass claims involving no more than $5,000; and

• actions for fines and penalties by a governmental agency involving $5,000 or less (exclusive of interest and costs) or in matters concerning local taxes, up to $15,000.

In any of these criminal or civil cases, the defendant has no right of trial by jury in this court but can appeal to the Court of Common Pleas for a new trial and does have the right to trial by jury there.

187. WHEN WAS THE TRAFFIC COURT OF PHILADELPHIA ESTABLISHED?

The Traffic Court of Philadelphia, established by Act 106, was approved by the Governor on October 17, 1969.

188. HOW MANY JUDGES ARE ASSIGNED TO THE TRAFFIC COURT OF PHILADELPHIA?

Six judges are appointed by the Governor, who also names one of the six to be President Judge.

189. WHAT IS THE JURISDICTION OF THE TRAFFIC COURT OF PHILADELPHIA?

It has exclusive jurisdiction of all summary offenses under Title 75 of the state motor vehicle laws and the violation of any motor vehicle ordinance committed within Philadelphia County.

DISTRICT JUSTICES

The Constitution of 1776 provided for justices of the peace-now called district justices-to be elected by the freeholders of each city and county respectively. Two or more could be elected for a seven-year term, but the General Assembly could remove them for misconduct.

The Constitution of 1874 called for the election of justices of the peace when constables were elected, and the Governor was now to commission them for a five-year term. No ward, district, borough, or township could elect more than two justices without the electors' consent. This Constitution also established a residency requirement of one year preceding the election.

In 1909, a constitutional amendment required the election of justices of the peace through a municipal election and changed the term of office from five to six years.

A 1968 constitutional amendment abolished all this, except for the residency requirement. The amendment provided that in any judicial district-other than the City of Philadelphia-where no community court exists, there shall be one justice of the peace in each magisterial district (see Article V, Section 7(a)).

Since the adoption of this amendment and the passage of subsequent legislation, justices of the peace are now referred to as district justices.

191. WHAT IS THE JURISDICTION OF DISTRICT JUSTICES?

In general, district justices have jurisdiction over the following matters:

1) summary offenses, except those within the jurisdiction of a traffic court;

2) certain matters arising under the Landlord and Tenant Act of 1951;

3) certain civil claims (except by or against a Commonwealth party) in which the sum demanded does not exceed $4,000;

4) as commissioners to preside at arraignments, fix and accept bail, issue warrants, and perform duties of a similar nature;

5) offenses relating to driving under the influence of alcohol or controlled substance, within specific criteria;

6) misdemeanors of the third degree, within specific criteria and with certain exceptions, under Title 18 (crimes and offenses) and Title 30 (fish);

7) all offenses under Title 34 (game); and

8) any other matter for which district justices have jurisdiction by statute.

192. WHAT IS THE TRAINING AND INSTRUCTION COURSE FOR DISTRICT JUSTICES REQUIRED BY THE CONSTITUTION?

District justices must complete a course of training and instruction in the duties of their office and pass an examination prior to assuming office.

The course cannot be any longer than four weeks and consists of at least 40 hours of class instruction in civil and criminal law. Topics include evidence, procedure, summary proceedings, and laws relating to motor vehicles. In addition, every district justice must attend at least one continuing education program practicum course each year.

The Minor Judiciary Education Board prescribes and approves the subject matter and examination for the course of training and instruction as well as the subject matter of practicum courses.

193. HOW ARE THE MAGISTERIAL DISTRICTS ESTABLISHED?

The General Assembly establishes the classes of magisterial districts based on population.

194. HOW ARE THE NUMBER AND BOUNDARIES OF MAGISTERIAL DISTRICTS DETERMINED?

These are determined by the Pennsylvania Supreme Court or by the Courts of Common Pleas under the direction of the Supreme Court.

195. HOW MANY MAGISTERIAL DISTRICTS ARE THERE?

As of March 1994, there were 550 districts.

196. WHEN WERE THESE JUDICIAL DISTRICTS FORMED?

Act 106 established judicial districts in 1931.

The Judicial Code, derived from the Pennsylvania Constitution, was amended in 1982 to provide for the establishment of 60 judicial districts, composed of one or more counties, within the state. This code also specifies the number for each district.

197. HOW CAN JUDICIAL DISTRICTS BE CHANGED?

According to the Constitution, the number and boundaries of judicial districts can be changed by the General Assembly only with the advice and consent of the Supreme Court (see Article V, Section 11).

COURTS OF COMMON PLEAS

Except where an exclusive original jurisdiction is vested in another court, the Courts of Common Pleas have unlimited original jurisdiction of all civil and criminal actions and proceedings.

Their jurisdiction includes:

• appeals from final orders of the district's minor judiciary (also called justice of the peace);

• appeals from state agencies, such as matters relating to motor vehicle violations, liquor code violations, birth and death records, inheritance and estate taxes, occupational disease, and public employee disputes; and

• petitions for review of awards by arbitrators in disputes between local government agencies and their employees.

There must be at least one Court of Common Pleas in each judicial district, and each judicial district has a President Judge. Courts with eight or more judges elect a President Judge for a non-successive, five-year term. In courts with fewer judges, the judge with the longest continuous service is appointed President Judge.

All districts have a trial division within the Court of Common Pleas, and larger counties have other divisions as well. The divisions are administrative units composed of judges who are responsible for specific types of court business. Each division is presided over by an administrative judge who assists the President Judge.

199. WHAT IS THE JURISDICTION OF THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY?

The Court of Common Pleas of Philadelphia County has three divisions.

The Trial Division has jurisdiction over criminal and civil matters.

The Orphans' Court Division has jurisdiction over all adoptions, custody of minors, and numerous other matters.

The Family Court Division has exclusive jurisdiction in adoptions and delayed birth certificates. It also has jurisdiction in domestic relations matters such as desertion or non-payment of support, child custody, divorce, and delinquent children.

200. WHAT IS THE JURISDICTION OF THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY?

The Court of Common Pleas of Allegheny County consists of four divisions: the Civil Division, the Criminal Division, Orphans' Court, and Family Court.

The jurisdiction of these divisions is very similar to the divisions of the Philadelphia court, except that Philadelphia's Trial Division handles all the matters included in Allegheny County's separate Civil and Criminal Divisions.

201. WHAT OTHER COURTS ARE THERE IN ALLEGHENY COUNTY?

Pittsburgh's police magistrate courts are a unique part of the unified judicial system and are the only city courts in the state. Six judges are appointed by the Mayor of Pittsburgh to serve during the same term of office. These are the only Pennsylvania judges not elected to office.

202. WHAT IS THE JURISDICTION OF PITTSBURGH'S POLICE MAGISTRATE COURTS?

Jurisdiction of these courts roughly parallels that of the district justices except that its functions are limited within the boundaries of the City of Pittsburgh. Judges of these courts also serve in the city's traffic and housing courts.

203. WHAT COURTS ARE KNOWN AS THE "MINOR JUDICIARY"?

The minor judiciary includes community courts, district justices, Philadelphia Municipal Court, Pittsburgh police magistrate courts, and the Philadelphia Traffic Court.