TheUnified Judicial System of Pennsylvania is the unifiedstate court system of theCommonwealth of Pennsylvania, United States.
TheSupreme Court of Pennsylvania is thestate supreme court and court of last resort.[1] The intermediateappellate courts in Pennsylvania are theCommonwealth Court of Pennsylvania (for matters involving state agencies) and theSuperior Court of Pennsylvania (for all otherappeals).
TheSupreme Court of Pennsylvania is thestate supreme court and court of last resort.[1] The Pennsylvania Supreme Court consists of seven justices.
TheSuperior Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts. Appeal to the Superior Court is generally of right from final decisions of the courts of common pleas. Although different panels of three judges may sit to hear appeals, there is only one Superior Court (that is, Pennsylvania is not divided into appellate territories). The court is based inHarrisburg, Pennsylvania and sits to hear cases in Harrisburg, Pittsburgh, and Philadelphia.
TheCommonwealth Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts. The jurisdiction of the nine-judge Commonwealth Court is limited to appeals from final orders of certain state agencies and certain designated cases from thecourts of common pleas involving public sector legal questions and government regulation. The Commonwealth Court also functions as atrial court in some civil actions by or against the Commonwealth government and cases regarding statewide elections.[2]
ThePennsylvania courts of common pleas are the statetrial courts ofgeneral jurisdiction. There are 60 judicial districts, 53 of which comprise only one ofPennsylvania's 67 counties, and seven comprising two counties. Each district has from one to 93 judges.
The courts of common pleas hearcivil cases with anamount in controversy in excess of $7,000 and trials for serious crimes. They haveoriginal jurisdiction over all cases not exclusively assigned to another court andappellate jurisdiction over judgments from the minor courts. They also hear appeals from certainstate government and most local government agencies.
The courts of common pleas also hear matters involvingfamily law (cases involvingadoption,divorce,child custody,abuse and neglect, andguardianships),juvenile delinquency,trusts and estates (such asprobate), andcharitable organizations.
TheFirst Judicial District, in Philadelphia, has a specializedbusiness court docket, theCommerce Case Management Program, first established in 1999 byadministrative order of Judge John W. Herron, as does the Fifth Judicial District in Allegheny County (Pittsburgh), the Commerce and Complex Litigation Center,[3] originally led by JudgesR. Stanton Wettick Jr. and Christine Ward. Pennsylvania statutory law also encourages the creation of commerce court programs in other judicial districts,[4] as well as on the intermediate appellate level.[5]
Thecommonwealth consists of67 counties. In every county except forPhiladelphia County, there aremagisterial district courts. These courts are inferior courts oflimited jurisdiction. They handlelandlord-tenant matters,small civil claims (cases involvingamount in controversy up to $12,000),summary offenses, violations ofmunicipal ordinances, andpreliminary hearings andarraignments in greatermisdemeanor andfelony offenses pursuant to Pennsylvania's Rules of Criminal Procedure which go on to betried in the courts of common pleas. In some counties, such asChester County, magisterial district courts may issue emergencyprotection from abuse orders when the Family Court Administration offices of the courts of common pleas are closed.
Magisterial district courts divide up theirjurisdiction by geographical location. Most such districts include severalmunicipalities. Larger cities and municipalities may be divided.
Magisterial district judges do not have to belawyers; however, those who are not lawyers are required to complete a certification course prior to serving. The magisterial district courts are supervised by the president judge of the court of common pleas of that judicial district.
The Pittsburgh Municipal Court is an administrative judicial unit with the 5th Judicial District staffed by Allegheny County magisterial district judges, and has been assigned all matters within the jurisdiction of the Pittsburgh Magistrates Court, which has been established by statute.[6][7][8]
Philadelphia County hasPhiladelphia Municipal Court instead of magisterial district courts. These courts hear similar matters to the magisterial district courts, but the jurisdictional limit is $12,000. The Philadelphia Municipal Court has jurisdiction over alltraffic offenses,misdemeanors, and preliminary hearings forfelonies.
The Supreme Court justice with the longest continuous service on the court automatically becomes Chief Justice.
A president judge and a court administrator serve in each of the 60 judicial districts. In districts with seven or fewer judges, the president judge with the longest continuous service holds this position. In districts with eight or more judges, the president judge is elected to a five-year term by the court.
The officialreporter for the Pennsylvania Supreme Court is thePennsylvania State Reports since 1845. There are no official reporters for either the Superior Court or the Commonwealth Court, but thePennsylvania Reporter (a Pennsylvania-specific version of theAtlantic Reporter) is an unofficial reporter. There is no official reporting of decisions of trial courts, but county court (courts of common pleas) opinions are selectively published in thePennsylvania District and County Reports. Many counties also publish their own reporters which contain select trial court opinions for that county.[9] Estate and trusts trial cases are published in theFiduciary Reporter, and local government cases (both trial and appellate) are published inChrostwaite's Pennsylvania Municipal Law Reporter.[10] TheAdministrative Office of Pennsylvania Courts also posts opinions from the Supreme Court (from November 1996), Superior Court (from December 1997), and Commonwealth Court (from January 1997) on its website.[10] Superior Court opinions were published in thePennsylvania Superior Court Reports from 1895 to 1997, and Commonwealth Court opinions were published in thePennsylvania Commonwealth Court Reports from 1970 to 1995.[11]
The Pennsylvania Supreme Court justices are elected to ten year terms. Supreme Court judicial candidates may run onparty tickets. After the ten-year term expires, a statewide YES/NO vote for retention is conducted. Judges retained by the voters serve another ten-year term. If the judge is not retained, the Governor—subject to the approval of the State Senate—appoints a temporary replacement until a special election can be held.
Judicial candidates may now express political viewpoints as long as they do not "commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court."[12][13]
Justices and all other judges must step down from the bench at the end of the year in which they turn 75, although they may continue to serve part-time as "senior justices" on panels of the Commonwealth's lower appellate courts until they reach 78, the age of mandatory retirement.[14]
Judges of the courts of common pleas are elected to 10-year terms. Philadelphia Municipal Court judges must be lawyers. Judges of the Courts of Common Pleas may serve as part-time senior judges upon retirement. The compensation of senior judges is $545 per day.[15]
As of January 1, 2024, judicial annual salaries are:[16] Justice of the Supreme Court, $253,361; Chief Justice of the Supreme Court, $260,734; Judge of the Commonwealth Court, $239,059; President Judge of the Commonwealth Court, $246,428; Judge of the Court of Common Pleas, $219,933; President Judge and/or Administrative Judge of the Court of Common Pleas, varying based on where the court is located, ranges from $220,892 to $223,618; Judge of the Superior Court, $239,059; President Judge of the Superior Court, $246,428; Magisterial District Judge, $109,973; Judge of the Philadelphia Municipal Court, $214,844; President Judge of the Philadelphia Municipal Court, $218,163; and Senior Judges, $683 per day.
At a preliminary hearing in criminal matters, the Commonwealth must prove aprima facie case against the accused, in which the Commonwealth argues that (1) acrime was probably committed and (2) the accused probably committed the crime. Should the Commonwealth meet its burden, the magisterial district judge orders the case held for trial in the court of common pleas; otherwise, the case is dismissed at the District Court level. The accused also has the option towaive his or her right to a preliminary hearing.
All persons have an unlimited right of appeal from the minor courts (magisterial district courts and Philadelphia Municipal Court) to the courts of common pleas. This is not an appeal in a traditional sense (meaning a party contests the legality of a specific action or entry of evidence), rather the party formally seeks atrial de novo (new trial). In this scheme the findings of the lower court are vacated in the entirety and a new trial is held by a Court of Common Pleas.
By orders dated November 29, 2004 and February 25, 2005, the Pennsylvania Supreme Court created an administrative judicial unit with the 5th Judicial District referred to as the Pittsburgh Municipal Court and assigned all matters within the jurisdiction of the Pittsburgh Magistrates Court to it.[6][7][8] As a result of these orders, the Pittsburgh Magistrates Court is no longer staffed while the Pittsburgh Municipal Court is staffed byAllegheny County magisterial district judges assigned on a rotating basis. The Pittsburgh Magistrates Court, which is created by statute, has not been disestablished by the statute.[6]
