Commonwealth Court of Pennsylvania

Last updated

Commonwealth Court of Pennsylvania
Commonwealth Court of PA logo.svg
Established1968
Jurisdiction Pennsylvania cases which involve decisions of governmental agencies; public sector legal questions; actions to which the Commonwealth is a party other than criminal cases; or actions to which a not-for-profit, private corporation is a party.
Location Harrisburg (headquarters)
Philadelphia
Pittsburgh
Composition methodStatewide partisan election with possible retention at term expiration. Vacancies are filled via appointment by the Governor.
Authorized byPenn. Const. Art. V § 3
42 Pa. Cons. Stat. § 561-64
Appeals to Supreme Court of Pennsylvania
Appeals from Court of Common Pleas
Superior Court
Judge term length10 years
Number of positions9
Website Commonwealth Court
President Judge
CurrentlyRenée Cohn Jubelirer
SinceJanuary 7, 2022 [1] [2]
USA Pennsylvania location map.svg
Red pog.svg
Philadelphia
Red pog.svg
Harrisburg
Red pog.svg
Pittsburgh
Court locations

The Commonwealth Court of Pennsylvania is one of Pennsylvania's two intermediate appellate courts. The Commonwealth Court's headquarters is in Harrisburg, Pennsylvania, with jurisdiction over administrative and civil public law. The Superior Court of Pennsylvania is the other intermediate appellate court in the Pennsylvania Unified Judicial System, having jurisdiction over criminal and private civil cases.

Contents

The jurisdiction of the nine-judge Commonwealth Court is limited to appeals from final orders of certain state agencies and certain designated cases from the Courts of Common Pleas involving public sector legal questions, government regulation, and certain matters involving Not-for-profit organizations. The Commonwealth Court also functions as a trial court in some civil actions by or against the Commonwealth government and cases regarding statewide elections. (42 Pa.C.S. §§ 761–764).

Article V, section 4 of the 1968 Pennsylvania Constitution created the Commonwealth Court. Acts enacted in 1970 set up the court. Judges are elected to 10-year terms, and must retire at the age of 75.

The Commonwealth Court publishes its precedential opinions in the Atlantic Reporter 3d series. From 1970 to 1995, the court maintained an official reporter, Pennsylvania Commonwealth Court Reports, volumes 1–168 (1970–1995). The Court's precedential and non-precedential ("unreported") opinions are posted online.

Appeals from Commonwealth Court decisions go to the Supreme Court of Pennsylvania.

Judges

Judge [3] BornJoined [1] Term endsMandatory retirement [lower-alpha 1] Party affiliationLaw school
Renée Cohn Jubelirer, President JudgeMay 25, 1957 (age 66)January 7, 2002 [lower-alpha 2] 20312032 Republican Northwestern
Patricia A. McCulloughNovember 15, 1956 (age 67)January 4, 201020292031 Republican Pittsburgh
Anne E. CoveyNovember 4, 1959 (age 64)January 2, 201220312034 Republican Widener
Michael H. WojcikSeptember 24, 1964 (age 59)January 4, 201620252039 Democratic Pittsburgh
Christine Fizzano CannonOctober 8, 1969 (age 54)January 1, 201820272044 Republican Widener
Ellen CeislerSeptember 11, 1957 (age 66)January 1, 201820272032 Democratic Temple
Lori A. Dumas December 2, 1967 (age 56)January 3, 202220312042 Democratic North Carolina Central
Stacy WallaceJuly 18, 1979 (age 44)January 3, 202220312054 Republican Duquesne
Matthew S. Wolf1968 (age 5556)January 1, 202420332043 Democratic Loyola New Orleans
  1. Judges must retire by the last day (December 31) of the calendar year in which they reach the age of 75. [4]
  2. Became President Judge on January 7, 2022.

Senior judges

Judge [3] BornJoinedAssumed senior statusParty affiliationLaw school
Bonnie Brigance Leadbetter, President Judge EmeritaFebruary 19, 1947 (age 77)January 9, 1996January 31, 2016 Republican Pittsburgh
Mary Hannah Leavitt, President Judge EmeritaMarch 17, 1947 (age 77)January 7, 2002January 3, 2022 Republican Dickinson

See also

Related Research Articles

Precedent is a principle or rule established in a legal case that becomes authoritative to a court or other tribunal when deciding subsequent cases with similar legal issues or facts. The legal doctrine stating that courts should follow precedent is called stare decisis.

In the United States, a state supreme court is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.

In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. States often provide their trial courts with general jurisdiction and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law.

In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made more certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus...".

The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court.

<span class="mw-page-title-main">Supreme Court of Pennsylvania</span> Highest court in the U.S. state of Pennsylvania

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.

The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.

<span class="mw-page-title-main">Supreme Court of Virginia</span> Highest court in the U.S. state of Virginia

The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrative law cases that are initially appealed to the Court of Appeals of Virginia. Established in 1779 as the Supreme Court of Appeals, the Supreme Court of Virginia is one of the oldest continuously active judicial bodies in the United States.

The Alaska Court of Appeals is an intermediate court of appeals for criminal cases in the State of Alaska's judicial department, created in 1980 by the Alaska Legislature as an additional appellate court to lessen the burden on the Alaska Supreme Court. The court of appeals consists of a chief judge and three associate judges, who are all appointed by the governor of Alaska and face judicial retention elections every eight years; the chief judge of the court of appeals is selected from among the four by the chief justice of the supreme court to serve a two-year term.

The structure of the judiciary of Texas is laid out in Article 5 of the Constitution of Texas and is further defined by statute, in particular the Texas Government Code and Texas Probate Code. The structure is complex, featuring many layers of courts, numerous instances of overlapping jurisdiction, several differences between counties, as well as an unusual bifurcated appellate system at the top level found in only one other state: Oklahoma. Municipal Courts are the most active courts, with County Courts and District Courts handling most other cases and often sharing the same courthouse.

<span class="mw-page-title-main">Superior Court of Pennsylvania</span> Intermediate appellate court of Pennsylvania

The Superior Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts. It is based in Harrisburg.

<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A Supreme Court can also, in certain circumstances, act as a court of original jurisdiction, however, this is typically limited to constitutional law.

The Texas Courts of Appeals are part of the Texas judicial system. In Texas, all cases appealed from district and county courts, criminal and civil, go to one of the fourteen intermediate courts of appeals, with one exception: death penalty cases. The latter are taken directly to the Texas Court of Criminal Appeals, the court of last resort for criminal matters in the State of Texas. The highest court for civil and juvenile matters is the Texas Supreme Court. While the Supreme Court (SCOTX) and the Court of Criminal Appeals (CCA) each have nine members per the Texas Constitution, the sizes of the intermediate courts of appeals are set by statute and vary greatly, depending on historical case filings and so that the justices on each court can timely adjudicate the volume of cases regularly before them. The total number of intermediate appellate court seats currently stands at 80, ranging from three, four, six, seven, nine, and thirteen (Dallas) per court.

The Judiciary of Colorado is established and authorized by Article VI of the Colorado Constitution as well as the law of Colorado. The various courts include the Colorado Supreme Court, Colorado Court of Appeals, Colorado district courts, Colorado county courts, Colorado water courts, and municipal courts. The administration of the state judicial system is the responsibility of the Chief Justice of the Colorado Supreme Court as its executive head and is assisted by several other commissions. In Denver, the county and municipal courts are integrated and administratively separate from the state court system.

The Government of the Commonwealth of Pennsylvania is the governmental structure of the Commonwealth of Pennsylvania as established by the Pennsylvania Constitution. It is composed of three branches: executive, legislative and judicial. The state capital of Pennsylvania is Harrisburg.

<span class="mw-page-title-main">Judiciary of New York</span> Judicial branch of the New York state government

The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York.

The Unified Judicial System of Pennsylvania is the unified state court system of the Commonwealth of Pennsylvania.

The Florida State Courts System is the unified state court system of Florida.

The Judiciary of Virginia is defined under the Constitution and law of Virginia and is composed of the Supreme Court of Virginia and subordinate courts, including the Court of Appeals, the Circuit Courts, and the General District Courts. Its administration is headed by the Chief Justice of the Supreme Court, the Judicial Council, the Committee on District Courts, the Judicial Conferences, the Judicial Inquiry and Review Commission, and various other offices and officers.

In Pennsylvania, the judiciary is chosen through partisan elections. Partisan elections involve judges political party to be listed on the ballot. The Commonwealth of Pennsylvania has not always elected judges through this process.

References

  1. 1 2 "Historical List of Commonwealth Court Judges". Unified Judicial System of Pennsylvania.
  2. "Pennsylvania Commonwealth Court Elects Judge Renee Cohn Jubelirer as President Judge". Unified Judicial System of Pennsylvania. January 7, 2022.
  3. 1 2 "Commonwealth Court Judges". Unified Judicial System of Pennsylvania.
  4. "Constitution of Pennsylvania - Article V §16".