Judicial selection in Pennsylvania
| Judicial selection in Pennsylvania | |
| Pennsylvania Supreme Court | |
| Method: | Partisan election of judges |
| Term: | 10 years |
| Pennsylvania Superior Court | |
| Method: | Partisan election of judges |
| Term: | 10 years |
| Pennsylvania Commonwealth Court | |
| Method: | Partisan election of judges |
| Term: | 10 years |
| Pennsylvania Court of Common Pleas | |
| Method: | Partisan election of judges |
| Term: | 10 years |
| Pennsylvania Magisterial Districts | |
| Method: | Partisan election of judges |
| Term: | 6 years |
Contents |
Judicial selection in Pennsylvania takes the form of partisan elections. [1]
Supreme Court
- See also: Pennsylvania Supreme Court
Pennsylvania's seven state supreme court justices are elected in partisan statewide elections to ten-year terms on the court.
Interim vacancies
Interim vacancies on the court are filled by gubernatorial appointment with the consent of a supermajority vote of 2/3rds of the Pennsylvania Senate. Any interim justices so appointed must stand for election at the next municipal election that is more than ten months after the vacancy occurs. However, it is a tradition that judges who are appointed as interim justices to the Supreme Court do not go on to run for permanent seats; in other words, the governor appoints judges where it is the expectation of both the governor and the judge that the judge will only fill the interim vacancy, not a permanent seat.[2]
Subsequent terms
Once a justice has first been elected to the court, he or she must run in a retention election for subsequent ten-year terms on the court.
Qualifications for service
In order to serve on the Supreme Court, Commonwealth Court or Superior Court, one must:
- be under the age of 70;
- have state residence for at least one year; and
- be a member of the state bar. [2]
Commonwealth Court
- See also: Pennsylvania Commonwealth Court
Judges of the Commonwealth Court are chosen in partisan elections to ten-year terms. After serving an initial ten-year term, judges are then subject to a retention election.
If an interim vacancy occurs on the court, it is filled via gubernatorial appointment and 2/3rds of the Pennsylvania Senate must agree with that appointment. Judges of the court who are appointed in this interim fashion are required to run for a full ten-year term at the next municipal election that is scheduled at least ten months after the vacancy occurred, or the original term of the judge who left the court expires. However, it is a tradition in Pennsylvania that judges who are appointed as interim judges to the Commonwealth Court do not go on to run for permanent seats; in other words, the governor appoints judges where it is the expectation of both the governor and the judge that the judge will only fill the interim vacancy, not a permanent seat.[2]
Superior Court
- See also: Pennsylvania Superior Court
The fifteen judges of the Superior Court are elected to 10 year terms and participate in retention elections. [2]
If an interim vacancy occurs on the court, it is filled via gubernatorial appointment and 2/3rds of the Pennsylvania Senate must agree with that appointment. Judges of the court who are appointed in this interim fashion are required to run for a full ten-year term at the next municipal election that is scheduled at least ten months after the vacancy occurred, or the original term of the judge who left the court expires. However, it is a tradition in Pennsylvania that judges who are appointed as interim judges to the Commonwealth Court do not go on to run for permanent seats; in other words, the governor appoints judges where it is the expectation of both the governor and the judge that the judge will only fill the interim vacancy, not a permanent seat.[2]
Court of Common Pleas
- See also: Pennsylvania Court of Common Pleas
The Court of Common Pleas represents 60 districts and serves as the main trial courts in the state. As of 2010, there are 439 judges at this level of the judiciary. They are also elected to 10 year terms and are subject to retention elections. The only difference is that judges at this level are elected by voters in the district they represent. [2]
Minor courts
- See also: Pennsylvania Magisterial Districts
The magisterial district judges in Pennsylvania work within the community courts to resolve minor criminal matters and local issues. Judges need not be lawyers, but participate in legal training. [3]
Retention elections
After serving initial terms to which they were elected, justices of the Pennsylvania Supreme Court and judges of the Pennsylvania Superior Court, Pennsylvania Commonwealth Court and judges of the Pennsylvania Court of Common Pleas (trial courts) who wish to seek re-election to do in nonpartisan retention elections.[4]
In Pennsylvania, retention elections are held in November, in odd numbered years. Voters are asked to vote "yes" or "no" on whether to reelect each judge seeking retention. The names of those judges who are seeking retention are listed in a separate part of the ballot. No political affiliation is listed.[4]
See also
- State Supreme Court elections
- Campaign finance requirements for Pennsylvania judicial elections
- Courts in Pennsylvania
- Pennsylvania judicial elections
External links
- PA lawmaker says dump corrupt judicial elections, "PA lawmaker says dump corrupt judicial elections", January 23, 2013
- Essential Public Radio, "Judicial Elections Debate Rekindled," March 5, 2012
- The Philadelphia Inquirer, "Study: Pa. judicial elections big on special-interest donations," August 16, 2010
References
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