Supreme Court of Pennsylvania
|Supreme Court of Pennsylvania|
|Established||May 22, 1722 |
(1684 as Provincial Court)
|Composition method||partisan election with "Yes/No" retention vote at end-of-term|
|Authorized by||Constitution of Pennsylvania|
|Appeals from||Superior Court of Pennsylvania|
Commonwealth Court of Pennsylvania
|Judge term length||10 years|
|Number of positions||7|
|Website||Pennsylvania Supreme Court website|
|Since||April 1, 2021|
|Lead position ends||December 24, 2022|
|Jurist term ends||December 24, 2022|
The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Judicial Court. The Supreme Court of Pennsylvania began in 1684 as the Provincial Court, and casual references to it as the "Supreme Court" of Pennsylvania were made official in 1722 upon its reorganization as an entity separate from the control of the royal governor. Today, the Supreme Court of Pennsylvania maintains a discretionary docket, meaning that the Court may choose which cases it accepts, with the exception of mandatory death penalty appeals, and certain appeals from the original jurisdiction of the Commonwealth Court. This discretion allows the Court to wield powerful influence on the formation and interpretation of Pennsylvania law.
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. Until 1776, legislation and judicial decisions in Pennsylvania, as in various American colonies, were subject to review by the Privy Council of the United Kingdom in London.
From 1780–1808 there existed a Pennsylvania High Court of Errors and Appeals, which was the court of last resort in the Commonwealth. After that court's dissolution in 1808, the Commonwealth's Supreme Court became, and remains, the court of last resort in the Pennsylvania judiciary.
The Supreme Court of Pennsylvania predates the United States Supreme Court by more than 100 years. Interpreting the Pennsylvania Constitution, it was one of the first appellate courts in the United States to claim the power to declare laws made by an elected legislative body unconstitutional (Respublica v. Duquet, 2 Yeates 493 (1799)).
Composition and rules
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 court automatically becomes Chief Justice. Justices must step down from the Supreme Court when they reach the age of 75 (at the end of the calendar year), but 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.
Prior to 2002, judicial candidates in Pennsylvania were prohibited from expressing their views on disputed legal or political issues. However, 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))
After the ten-year term expires, a statewide yes or no vote for retention is conducted. A judge who retained 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 M. Nigro received a majority of no votes in the election of 2005 and was replaced by Justice Cynthia Baldwin, who was appointed by Governor Rendell in 2005.
Only one Supreme Court Justice, Rolf Larsen, has been removed from office by impeachment. In 1994, the State House of Representatives handed down articles of impeachment consisting of seven counts of misconduct. A majority of the State Senate voted against Larsen in five of the seven counts but only one charge garnered the two-thirds majority needed to convict.
Under the 1874 Constitution and 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.
as of January 3, 2022[update]:
|Name||Born||Elected||Party when first elected||Retained||Year of next retention election||Reaches age 75||Prior positions and education|
|Pittsburgh, PennsylvaniaDecember 24, 1947 in||2003||Democratic||2013||None – final term||December 24, 2022||Judge, Allegheny County Court of Common Pleas (1989–2003); private practice (1980–1989); Deputy Attorney General, Commonwealth of Pennsylvania (1975–1979); J.D., Duquesne University School of Law (1975); B.A., University of Pittsburgh (1971).|
|Debra Todd||Ellwood City, PennsylvaniaOctober 15, 1957 in||2007||Democratic||2017||2027||October 15, 2032||Judge, Superior Court of Pennsylvania (2000–2007); private practice (1982–1999); J.D., University of Pittsburgh School of Law (1982); B.A., Chatham College (1979).|
|Christine Donohue||Coaldale, PennsylvaniaDecember 24, 1952 in||2015||Democratic||First term||2025||December 24, 2027||Judge, Superior Court of Pennsylvania (2008–2015); private practice, (1980–2007); J.D., Duquesne University School of Law (1980); B.A., East Stroudsburg University (1974).|
|Kevin Dougherty||Philadelphia, PennsylvaniaMay 19, 1962 in||2015||Democratic||First term||2025||May 19, 2037||Judge, Philadelphia County Court of Common Pleas (2001–2016); private practice, (1995–2001); Assistant District Attorney, Philadelphia County (1990–1995); J.D., Antioch School of Law (1987); B.A., Temple University (1985).|
|David Wecht||Baltimore, MarylandMay 20, 1962 in||2015||Democratic||First term||2025||May 20, 2037||Judge, Superior Court of Pennsylvania (2012–2015); Judge, Allegheny County Court of Common Pleas (2003–2012); Register of Wills and Clerk of Orphans' Court, Allegheny County; law clerk, United States Court of Appeals for the District of Columbia Circuit, Judge George MacKinnon; J.D., Yale Law School (1987); B.A., Yale University (1984).|
|Sallie Updyke Mundy||Elmira, New YorkJune 29, 1962 in||2017 [note 1]||Republican||First term||2027||June 29, 2037||Judge, Superior Court of Pennsylvania (2010–2016); private practice (1988–2009); Volunteer Public Defender, Public Defender's Office of Tioga County; law clerk, Tioga County Court of Common Pleas (1987–1988); J.D., University of Pittsburgh School of Law (1987); B.A., Washington and Jefferson College (1984).|
|Kevin Brobson||Montoursville, PennsylvaniaNovember 26, 1970 in||2021||Republican||First term||2031||November 26, 2045||Judge, Commonwealth Court of Pennsylvania (2010–2021); Private Practice (1996–2009); Law Clerk, United States District Court for the Eastern District of Pennsylvania (1995–1996); J.D., Widener University School of Law, Harrisburg Campus (1995); B.A., Lycoming College (1992).|
- Pennsylvania v. Davis (2019), in which the Court held that the Fifth Amendment to the Constitution of the United States of America protects individuals from relinquishing the passwords of their digital accounts to law enforcement.
- Pennsylvania v. Cosby (2021), in which the Court overturned the sexual assault charges for which disgraced entertainer Bill Cosby had been convicted due to violations of his due process rights.
- Pennsylvania v. Barr II (2021), in which the Court held that warrantless searches are unjustified if they are predicated upon the smell of cannabis alone.
- State supreme court
- King's Bench jurisdiction
- Superior Court of Pennsylvania
- Commonwealth Court of Pennsylvania
- List of state and county courthouses in Pennsylvania
- Eakin v. Raub
- "Supreme Court – Courts – Unified Judicial System of Pennsylvania". www.pacourts.us. Retrieved July 7, 2017.
- sjc (July 17, 2013). "About the Supreme Judicial Court". Court System. Retrieved July 7, 2017.
- "About the Supreme Court of Pennsylvania – SCOPA Review". Retrieved July 7, 2017.
- Rowe, G. S. (1994). Embattled bench: The Pennsylvania Supreme Court and the forging of a democratic society, 1684–1809. Newark: University of Delaware Press.
- See generally,' 'Pa.R.A.P. 1112
- "Judicial Qualifications, Election, Tenure and Vacancies". The Unified Judicial System of Pennsylvania.
- "Pennsylvania Code". pacode.com.
- "Pennsylvania Supreme Court - Ballotpedia". Ballotpedia. Retrieved October 29, 2018.
- Judicial Biographies, Pennsylvania Appellate Judges, Superior Court. http://www.pabar.org/pdf/lawdirectory/PAAppellateCrtJudicialBios.pdf.
- Crocker, Andrew (November 20, 2019). "Victory: Pennsylvania Supreme Court Rules Police Can't Force You to Tell Them Your Password". Eff.
- Pennsylvania v. Cosby, No. 39-2020,  (PA June 30, 2021)
- Pennsylvania v. Bar II, No. 28-2021,  (PA December 29, 2021)
- Deto, Ryan (December 30, 2021). "Pa. Supreme Court says warrantless searches not justified by cannabis smell alone". Pittsburgh City Paper.