Pennsylvania Supreme Court

From Judgepedia

Pennsylvania Supreme Court
Sitting justices
Max Baer Ronald Castille J. Michael Eakin Jane Greenspan (outgoing) Seamus McCaffrey Joan Orie Melvin (incoming) Thomas Saylor Debra Todd
Former justices
Pennsylvania on Judgepedia

The Supreme Court of Pennsylvania is the court of last resort for the Commonwealth of Pennsylvania. It was established by the Pennsylvania Provincial Assembly in 1722 as a successor to a Provincial Appellate Court that had been established in 1684.^[1] It is the oldest continually sitting appellate court in North America.^[2] It meets in Philadelphia, Pittsburgh, and Harrisburg.

Jurisdiction

The Pennsylvania Supreme Court is an appellate court, with limited original jurisdiction.^[3] Original jurisdiction is only in cases of habeas corpus, mandamus, and quo warranto.

Case load

In 2004, 906 mandatory cases were filed with the Supreme Court, 2,810 discretionary petitions were filed, for a total of 3,716 mandatory cases and discretionary petitions were disposed.^[4]

The court's justices

Selection of justices

The Pennsylvania Supreme court consists of seven justices each elected to ten year terms. Supreme court judicial candidates may run on party tickets. The justice with the longest continuous service on the supreme court automatically becomes Chief Justice. Supreme Court justices, like other Pennsylvania judges, are subject to mandatory retirement when they turn 70 years old. After the ten year term expires, a statewide YES/NO vote for retention is conducted. If the judge is retained, he/she serves 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. As of 2005, only one judge has failed to win retention. Justice Russell Nigro received a majority of "NO" votes in the election of 2005 and was replaced by Justice Cynthia Baldwin, who was appointed by Governor Ed Rendell in 2005.

Qualifications

A qualified candidate must be a member of the Bar of the Pennsylvania Supreme Court and a citizen of the state.^[5]

Current justices

Chief justice

The justice with the longest continuous service on the supreme court automatically becomes Chief Justice.

Ronald Castille is currently the Chief Justice of the Pennsylvania Supreme Court. He was first elected to the court as a Republican in a partisan election in 1993; his current term expires in 2013.

History of the court

The original Pennsylvania constitutions, drafted by William Penn, established a Provincial Court under the control of his British governors. The General Assembly, however, espoused the principle of separation of powers and formally called for a third branch of government starting with the 1701 Judiciary Bill. In 1722, the appointed British governor needed the House to raise revenues. House leaders agreed to raise taxes in return for an independent Supreme Court. Predating the Supreme Court of the United States by 67 years, Pennsylvania's highest court was established by the General Assembly on May 22, 1722. Interpreting the Pennsylvania Constitution, it was the first independent Supreme Court in the United States with the power to declare laws made by an elected legislative body unconstitutional. Under the 1874 Constitution until the Pennsylvania state constitution of 1968, Supreme Court justices were elected to 21 year terms. At the time, it was the longest term of any elected office in the United States.

2009 election

Main article: Pennsylvania Supreme Court elections

In Pennsylvania, voters will elect one Supreme Court justice to fill the vacancy created by the retirement of Chief Justice Ralph Cappy.^[6]

The candidates were Joan Orie Melvin (R) and Jack Panella (D), with Melvin winning the election.

Composition and rules

Prior to 2002, judicial candidates in Pennsylvania were prohibited from expressing their views on disputed legal or political issues. But after a similar law in Minnesota was struck down as unconstitutional (Republican Party of Minnesota v. White), the Pennsylvania rules were amended and 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.” (PA Code of Judicial Conduct, Canon 7 (B)(1)(c)).

Judicial pay

Justices of the Pennsylvania Supreme Court are paid $186,450 annually, with the chief justice earning somewhat more. ^[7]

External links

• Pennsylvania Unified Court System page on the Supreme Court
• State of the Commonwealth's Courts, 2008

References

Navigation

The Pennsylvania Project on Judgepedia

Supreme Court Superior Court Commonwealth Court Court of Common Pleas

Third Circuit (Federal) Eastern District of Pennsylvania Middle District of Pennsylvania Western District of Pennsylvania