Supreme Court of Pennsylvania
Encyclopedia
The Supreme Court of Pennsylvania is the court of last resort
for the Commonwealth of Pennsylvania
. It meets in Philadelphia, Pittsburgh
, and Harrisburg, Pennsylvania
.
, 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 United States Supreme Court 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.
, and Harrisburg, Pennsylvania
.
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. Justices must step down from the Supreme Court when they reach the age of 70, although they may continue to serve part-time as "senior justices" on panels of the Commonwealth's lower appellate courts until they reach the age of 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. 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))
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 M. Nigro
received a majority of "NO" votes in the election of 2005 and was replaced by Justice Cynthia A. 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 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.
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
for the Commonwealth of Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
. It meets in Philadelphia, Pittsburgh
Pittsburgh, Pennsylvania
Pittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States...
, and Harrisburg, Pennsylvania
Harrisburg, Pennsylvania
Harrisburg is the capital of Pennsylvania. As of the 2010 census, the city had a population of 49,528, making it the ninth largest city in Pennsylvania...
.
History
The original Pennsylvania constitutions, drafted by William PennWilliam Penn
William Penn was an English real estate entrepreneur, philosopher, and founder of the Province of Pennsylvania, the English North American colony and the future Commonwealth of Pennsylvania. He was an early champion of democracy and religious freedom, notable for his good relations and successful...
, 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 United States Supreme Court by 67 years, Pennsylvania's highest court was established by the General Assembly on May 22, 1722. Interpreting the Pennsylvania Constitution
Pennsylvania Constitution
The current Constitution of the Commonwealth of Pennsylvania, most recently revised in 1968, forms the law for the United States Commonwealth of Pennsylvania...
, it was the first independent Supreme Court in the United States with the power to declare laws made by an elected legislative body unconstitutional.
Composition and rules
It meets in Philadelphia, PittsburghPittsburgh, Pennsylvania
Pittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States...
, and Harrisburg, Pennsylvania
Harrisburg, Pennsylvania
Harrisburg is the capital of Pennsylvania. As of the 2010 census, the city had a population of 49,528, making it the ninth largest city in Pennsylvania...
.
The Pennsylvania Supreme court consists of seven justices each elected to ten year terms. Supreme court judicial candidates may run on party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
tickets. The justice with the longest continuous service on the supreme court automatically becomes Chief Justice. Justices must step down from the Supreme Court when they reach the age of 70, although they may continue to serve part-time as "senior justices" on panels of the Commonwealth's lower appellate courts until they reach the age of 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. But after a similar law in Minnesota was struck down as unconstitutional (Republican Party of Minnesota v. White
Republican Party of Minnesota v. White
Republican Party of Minnesota v. White, 536 U.S. 765 , is a decision of the Supreme Court of the United States regarding the First Amendment rights of candidates for judicial office...
), 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/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 M. Nigro
Russell M. Nigro
Russell M. Nigro was first elected to the Supreme Court of Pennsylvania on the Democratic ticket in 1995. He ran for retention in 2005 but failed to earn a majority of "YES" votes, thus making him the first Supreme Court Justice to lose a retention vote since such elections were first held in...
received a majority of "NO" votes in the election of 2005 and was replaced by Justice Cynthia A. Baldwin, who was appointed by Governor Rendell
Ed Rendell
Edward Gene "Ed" Rendell is an American politician who served as the 45th Governor of Pennsylvania. Rendell, a member of the Democratic Party, was elected Governor of Pennsylvania in 2002, and his term of office began January 21, 2003...
in 2005.
Only one Supreme Court Justice, Rolf Larsen, has been removed from office by impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
. 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 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.
Supreme Court Justices
Current members
| Name | Born | Elected | Year of Next Retention Election | Reaches Age 70 | Prior Positions and Education |
|---|---|---|---|---|---|
Ronald D. Castille Ronald D. Castille Ronald D. Castille is the Chief Justice of Pennsylvania. He was the District Attorney of the City of Philadelphia from 1986 until 1991 and is a member of the Republican Party... (Chief Justice) |
March 16, 1944 (age 67) in Miami, Florida Miami, Florida Miami is a city located on the Atlantic coast in southeastern Florida and the county seat of Miami-Dade County, the most populous county in Florida and the eighth-most populous county in the United States with a population of 2,500,625... |
1993 (retained in 2003) | 2013 | March 16, 2014 | Private Practice (1991–1993); District Attorney District attorney In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of... , Philadelphia County (1986–1991); Deputy District Attorney District attorney In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of... , Philadelphia County (1971–1985); J.D., University of Virginia School of Law University of Virginia School of Law The University of Virginia School of Law was founded in Charlottesville in 1819 by Thomas Jefferson as one of the original subjects taught at his "academical village," the University of Virginia. The law school maintains an enrollment of approximately 1,100 students in its initial degree program... (1971); B.S., Auburn University Auburn University Auburn University is a public university located in Auburn, Alabama, United States. With more than 25,000 students and 1,200 faculty members, it is one of the largest universities in the state. Auburn was chartered on February 7, 1856, as the East Alabama Male College, a private liberal arts... (1966). |
Thomas G. Saylor Thomas G. Saylor Thomas G. Saylor is a Justice of the Supreme Court of Pennsylvania. He is a member of the Republican Party. Prior to his election to the Supreme Court, he served as a Judge of the Superior Court of Pennsylvania.... |
December 14, 1946 (age 65) in Somerset County, Pennsylvania Somerset County, Pennsylvania Somerset County is a county located in the state of Pennsylvania. As of 2010, the population was 77,742. Somerset County was created on April 17, 1795, from part of Bedford County and named for Somerset, United Kingdom. Its county seat is Somerset. It is part of the Johnstown, Pennsylvania,... |
1997 (retained in 2007) | None - final term | December 12, 2016 | Judge, Superior Court of Pennsylvania Superior Court of Pennsylvania The Superior Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts, the other being the Commonwealth Court of Pennsylvania. Appeal to the Superior Court is generally of right from final decisions of the Court of Common Pleas... (1993–1997); Private Practice (1987–1993); First Deputy Attorney General Attorney General In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person... , Commonwealth of Pennsylvania (1983–1987); Director, Pennsylvania Bureau of Consumer Protection (1982–1983); First Assistant District Attorney District attorney In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of... , Somerset County Somerset County, Pennsylvania Somerset County is a county located in the state of Pennsylvania. As of 2010, the population was 77,742. Somerset County was created on April 17, 1795, from part of Bedford County and named for Somerset, United Kingdom. Its county seat is Somerset. It is part of the Johnstown, Pennsylvania,... (1973–1976); Private Practice (1972–1982); J.D., Columbia Law School Columbia Law School Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in... (1972); B.A., University of Virginia University of Virginia The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson... (1969). |
J. Michael Eakin J. Michael Eakin J. Michael Eakin is an Associate Justice of the Supreme Court of the Commonwealth of Pennsylvania. He was elected to the State’s Supreme Court on 2001 and is up for retention in 2011. -Early life and career:Justice Eakin was born in Mechanicsburg, PA in 1948... |
November 18, 1948 (age 63) in Mechanicsburg, Pennsylvania Mechanicsburg, Pennsylvania Mechanicsburg is a borough in Cumberland County, Pennsylvania, USA, eight miles west of Harrisburg. It is part of the Harrisburg–Carlisle Metropolitan Statistical Area. Mechanicsburg was settled in 1806 and incorporated as a borough on April 12, 1828... |
2001 | 2011 | November 18, 2018 | Judge, Superior Court of Pennsylvania Superior Court of Pennsylvania The Superior Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts, the other being the Commonwealth Court of Pennsylvania. Appeal to the Superior Court is generally of right from final decisions of the Court of Common Pleas... (1995–2001); District Attorney District attorney In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of... , Cumberland County Cumberland County, Pennsylvania Cumberland County is a county located in the U.S. state of Pennsylvania and is one of three counties comprising the Harrisburg–Carlisle Metropolitan Statistical Area. As of 2010, the population was 235,406.-History:... (1984–1995); Private Practice (1980–1989); Assistant District Attorney District attorney In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of... , Cumberland County Cumberland County, Pennsylvania Cumberland County is a county located in the U.S. state of Pennsylvania and is one of three counties comprising the Harrisburg–Carlisle Metropolitan Statistical Area. As of 2010, the population was 235,406.-History:... (1975–1983); J.D., Dickinson School of Law Dickinson School of Law Penn State University Dickinson School of Law is the law school of The Pennsylvania State University... (1975); B.A., Franklin & Marshall College Franklin & Marshall College Franklin & Marshall College is a four-year private co-educational residential national liberal arts college in the Northwest Corridor neighborhood of Lancaster, Pennsylvania, United States.... (1970). |
Max Baer Max Baer (judge) Max Baer is a justice of the Pennsylvania Supreme Court.Born in Pittsburgh, he earned a B.A. from the University of Pittsburgh in 1971 and a J.D. from Duquesne University in 1975. From 1975-1979, he served as Deputy Attorney General for Pennsylvania... |
December 24, 1947 (age 64) in Pittsburgh, Pennsylvania Pittsburgh, Pennsylvania Pittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States... |
2003 | 2013 | December 24, 2017 | Judge, Allegheny County Allegheny County, Pennsylvania Allegheny County is a county in the southwestern part of the U.S. state of Pennsylvania. As of the 2010 census, the population was 1,223,348; making it the second most populous county in Pennsylvania, following Philadelphia County. The county seat is Pittsburgh... Court of Common Pleas Pennsylvania Courts of Common Pleas The Pennsylvania Courts of Common Pleas are the trial courts of the Unified Judicial System of Pennsylvania .The Courts of Common Pleas are the trial courts of general jurisdiction in the state.... (1989–2003); Private Practice (1980–1989); Deputy Attorney General Attorney General In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person... , Commonwealth of Pennsylvania (1975–1979); J.D., Duquesne University School of Law Duquesne University School of Law Duquesne University School of Law is a private Catholic university law school located in Pittsburgh, Pennsylvania. The School of Law was founded in 1911, and is the only multiple-division law school in western Pennsylvania. Located on the Duquesne University campus, the law school is walking... (1975); B.A., University of Pittsburgh University of Pittsburgh The University of Pittsburgh, commonly referred to as Pitt, is a state-related research university located in Pittsburgh, Pennsylvania, United States. Founded as Pittsburgh Academy in 1787 on what was then the American frontier, Pitt is one of the oldest continuously chartered institutions of... (1971). |
Debra Todd Debra Todd Debra Todd is a Justice of Supreme Court of Pennsylvania. She is a member of the Democratic Party. Prior to her election to the Supreme Court in 2007, she served as a Judge of the Superior Court of Pennsylvania.... |
October 15, 1957 (age 54) in Ellwood City, Pennsylvania Ellwood City, Pennsylvania Ellwood City is a borough in Beaver and Lawrence counties in the U.S. state of Pennsylvania. Ellwood City is 30 miles northwest of Pittsburgh and some 8 miles south by southeast of New Castle... |
2007 | 2017 | October 15, 2027 | Judge, Superior Court of Pennsylvania Superior Court of Pennsylvania The Superior Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts, the other being the Commonwealth Court of Pennsylvania. Appeal to the Superior Court is generally of right from final decisions of the Court of Common Pleas... (2000–2007); Private Practice (1982–1999); J.D., University of Pittsburgh School of Law University of Pittsburgh School of Law The University of Pittsburgh School of Law was founded in 1895, and became a charter member of the Association of American Law Schools in 1900... (1982); B.A., Chatham College Chatham College Chatham University is an American university with a women's undergraduate college and coeducational graduate programs through the doctoral level, located in Pittsburgh, Pennsylvania's Shadyside neighborhood. The campus population of approximately 2,300 includes undergraduate women and graduate... (1979). |
Seamus P. McCaffery |
June 03, 1950 (age 61) in Belfast Belfast Belfast is the capital of and largest city in Northern Ireland. By population, it is the 14th biggest city in the United Kingdom and second biggest on the island of Ireland . It is the seat of the devolved government and legislative Northern Ireland Assembly... , Northern Ireland Northern Ireland Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west... |
2007 | 2017 | June 3, 2020 | Judge, Superior Court of Pennsylvania Superior Court of Pennsylvania The Superior Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts, the other being the Commonwealth Court of Pennsylvania. Appeal to the Superior Court is generally of right from final decisions of the Court of Common Pleas... (2003–2008); Judge, Philadelphia Municipal Court Philadelphia Municipal Court The Philadelphia Municipal Court handles matters of limited jurisdiction as well as landlord-tenant disputes, appeals from traffic court, preliminary hearings for felony-level offenses, and misdemeanor criminal trials... (1993–2003); J.D., Temple University School of Law (1989); B.A., La Salle University La Salle University La Salle University is a private, co-educational, Roman Catholic university located in Philadelphia, Pennsylvania, U.S. Named for St. Jean-Baptiste de La Salle, the school was founded in 1863 by the Institute of the Brothers of the Christian Schools. As of 2008 the school has approximately 7,554... (1977); Police Officer Police officer A police officer is a warranted employee of a police force... , Philadelphia Police Department Philadelphia Police Department The Philadelphia Police Department is the police agency responsible for law enforcement and investigations within the City of Philadelphia, Pennsylvania... (1970–1989). |
Joan Orie Melvin Joan Orie Melvin Joan Orie Melvin is a Justice of the Pennsylvania Supreme Court. She was born in Pittsburgh to a prominent Western Pennsylvania political family. Her sister, Jane Orie, is a Republican state senator, who until April 2010 served as the Majority Whip.-Education:... |
April 06, 1956 (age 55) in Pittsburgh, Pennsylvania Pennsylvania The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to... |
2009 | 2019 | April 6, 2026 | Judge, Superior Court of Pennsylvania Superior Court of Pennsylvania The Superior Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts, the other being the Commonwealth Court of Pennsylvania. Appeal to the Superior Court is generally of right from final decisions of the Court of Common Pleas... (1998–2009); Judge, Allegheny County Allegheny County, Pennsylvania Allegheny County is a county in the southwestern part of the U.S. state of Pennsylvania. As of the 2010 census, the population was 1,223,348; making it the second most populous county in Pennsylvania, following Philadelphia County. The county seat is Pittsburgh... Court of Common Pleas Pennsylvania Courts of Common Pleas The Pennsylvania Courts of Common Pleas are the trial courts of the Unified Judicial System of Pennsylvania .The Courts of Common Pleas are the trial courts of general jurisdiction in the state.... (1990–1998); Magistrate and Chief Magistrate, Pittsburgh Municipal Courts (1985–1990); Private Practice (1981–1985); J.D., Duquesne University School of Law Duquesne University School of Law Duquesne University School of Law is a private Catholic university law school located in Pittsburgh, Pennsylvania. The School of Law was founded in 1911, and is the only multiple-division law school in western Pennsylvania. Located on the Duquesne University campus, the law school is walking... (1981); B.A., Notre Dame University (1978). |