Peacock Tales
Volume 17, Number 4 · October 2007The Courts of Pennsylvania
by Rick Amrhein
With the November elections coming soon, and some important judiciary posts to be filled, we thought this brief review of Pennsylvania's court system might be helpful to our readers.
First, we must point out that there are two, somewhat parallel, court systems functioning in Pennsylvania, the Federal Courts and the State Courts. Since Federal Judges are not elected but are appointed for life, we may address that system in a later issue.
Pennsylvania's State Courts are comprised of: the Magisterial District Courts, the Courts of Common Pleas, the Pennsylvania Superior Court, the Pennsylvania Commonwealth Court, and the Pennsylvania Supreme Court. All Pennsylvania Judges are generally elected for ten year terms. After ten years, they stand for retention, by a "yes" or "no" vote. If retained, they serve for another ten years; if not, another person is appointed by the Governor to serve until an election can be held.
Magisterial District Judges over the years have been known as District Justices, Magistrates, and Justices of the Peace. Washington County has 11 District Judges who serve as judges of a "Small Claims Court," in civil matters dealing with amounts up to $8,000.00. They also are the first Judges to hear tenant/ landlord matters, many minor traffic offenses, minor criminal matters, and preliminary criminal matters in more serious cases. On the civil side, the ruling of a District Judge may be appealed to the Court of Common Pleas. In Washington and Fayette counties, the Court will assign all claims under $50,000 to a Board of Arbitrators, consisting of three Court-appointed lawyers. (In Allegheny and Greene counties, the limit is $25,000.)
Appeals from arbitration and disputes involving amounts in excess of $50,000.00 go directly to the Court of Common Pleas. Each of the 67 counties has a Court of Common Pleas having general, countywide jurisdiction. The Judges of the Court of Common Pleas are elected countywide. The Courts also hear more serious criminal matters, Orphans' Court cases (estates, trusts, guardianships and adop- tions) as well as "equity matters" where a party may ask a Judge to enjoin or prevent someone from doing something or seek a mandamus requiring someone to do something. The Court of Com- mon Pleas may also hear cases involving local governments and school districts.
When a party is unhappy with a ruling of the Court of Common Pleas, they may appeal further. If it involves a civil matter, domestic relations or a criminal matter, the appeal is taken to the Pennsylvania Superior Court. It consists of 15 elected judges. If the matter involves a government entity such as a township, school district, the Com- monwealth, worker's compensation or unemployment compensation, that appeal will be heard by the Commonwealth Court. The Commonwealth Court consists of nine elected judges. In both of these courts, the judges are elected in statewide elections, and they sit to hear cases in Pittsburgh, Harrisburg, or Philadelphia.
Finally, if a litigant is not satisfied with the ruling of the Pennsylvania Superior or Pennsylvania Commonwealth courts, an appeal may be taken to the Pennsylvania Supreme Court, which was established in 1722 and now consists of seven elected justices. Appeals to the Supreme Court are discretionary with the Court, which may or may not agree to hear the matter (except for death penalty cases which it is required to hear).
Elected Judges in all of Pennsylvania Courts may serve until they are 70. Retired Judges, known as "Senior Judges" when appointed by the Supreme Court, may serve until they are 75. Supreme Court Justices are limited to age 70.
Judges at all levels in Pennsylvania decide cases by applying the Pennsylvania constitution, duly enacted laws and prior cases (precedent) to the facts and circumstances of a particular case. Just as what the legislature does in Harrisburg may impact upon your life, the rulings of Pennsylvania Courts, from the District Judge to the Supreme Court, may affect you. As to both judicial and retention elections, it is important that you study the qualifications and performance of the candidates and make an informed decision as to whom to elect or to retain as Judge.