What is the structure of the Pennsylvania Judicial System?

The Unified Court System of Pennsylvania is built like a pyramid, starting with Magisterial District Courts, then Courts of Common Pleas, next are the  Commonwealth Court, and Superior Court and ending with the State Supreme Court on the top. The courts hear important cases that affect all Pennsylvanians.

What are the responsibilities of the Magisterial District Court?

Magisterial District Justices are part of the minor courts, or special courts, on the first level of Pennsylvania’s judiciary. MDJs do not have to be lawyers, but they are required to pass a qualifying exam after completing a rigorous training and education program administered by the Minor Judiciary Education Board. Each court has its own elected judges. Candidates for Magisterial District Court are permitted to cross-file in a primary election in order to appear on the ballots of both parties. Important information on cross-filing.

Magisterial district judges serve 6 year terms and can serve an unlimited number of terms until the mandatory retirement age of 75. Small Claims Court cases are handled in Pennsylvania at the Magisterial District Court.

In Magisterial District Court, a party is not required to have an attorney. A plaintiff cannot file a claim for more than $12,000. The plaintiff is required to file a filing fee when filing the complaint. There is also an additional cost for serving the defendant with the claim. If the plaintiff wins, these costs can potentially be recovered from the defendant.

Responsible for:

• Deciding if serious criminal cases go to the Court of Common Pleas
• Preliminary arraignments and preliminary hearings
• Setting and accepting bail (except in murder or voluntary manslaughter cases)
• Emergency protection-from-abuse-orders
• Small claims cases, for claims under $12,000
• Landlord – tenant matters
• Municipal code violations
• Motor vehicle violations (Philadelphia has a separate traffic court)

Appeals from the Magisterial District Judge go to the Court of Common Pleas.

Lehigh County has 14 Magisterial District Courts, each staffed by an elected Magisterial District Judge, located throughout the county. Yearly salary $91,597.

List of Magisterial Justices in ULDC Area.

Note: A Constable is an officer empowered to carry out the business of the statewide Magisterial District Court System by serving warrants of arrest, mental health warrants, transporting prisoners, service of summons, complaints and subpoenas, and enforcing protection from abuse orders as well as orders of eviction and judgement levies. Constables are elected by municipalities. More information about Constables.

What are the responsibilities and salary of the Courts of Common Pleas?

The Court of Common Pleas of Lehigh County, located in Allentown, is one of the 60 Pennsylvania Courts of Common Pleas. The Lehigh County Court of Common Please is comprised of ten full time judges and two senior judges providing judicial services to the citizens of Lehigh County. Each full time judge is assigned to one or more of the court divisions, which are the Criminal/Juvenile Division, the combined Civil/Motion/Family Court Division and the Orphans’ Court Division.

Judicial Candidates are elected in odd years. Candidates for Common Pleas Court are permitted to cross-file in a primary election in order to appear on the ballots of both parties. (Important information on cross-filing.)

Terms are ten years and the merit retention provision of Pennsylvania’s constitution allows judges to be retained with a simple “yes” or “no” vote, without ballot reference to political affiliation. This provision was designed to remove judges from political pressure once they begin their first term of office. Retention votes take place in a November general election. Judges may serve an unlimited number of terms until they reach the mandatory retirement age of 75.
Yearly salary $183,184.

Responsible for a Wide Spectrum of Cases:

• Adult criminal cases
• Juvenile delinquency cases
• Lawsuits involving money or property
• Divorce, custody disputes
• Child support issues
• Juvenile dependency cases
• Estates
• Guardianships and adoptions
• Appeals from the minor courts
• Appeals not exclusively assigned to another court

Provides Judicial Oversight:

• Court Administration
• Adult Probation
• Juvenile Probation
• Domestic Relations Section
• Court Transcription Unit
• Protection from Abuse Office
• Court Interpreting Unit
• Child Custody Office
• Law Library

Provides Administrative Services to the fourteen offices that comprise the Magisterial District Court System of Lehigh County.

List of Lehigh County Court of Common Pleas Judges

What are the responsibilities of the Commonwealth Court?

The Commonwealth Court is one of two statewide intermediate appellate courts. The Commonwealth Court is primarily responsible for matters involving state and local governments and regulatory agencies. It also acts as a trial court when lawsuits are filed by or against the Commonwealth. The court is made up of nine judges who serve 10-year terms. The president judge is chosen by his or her colleagues for a five-year term. Cases are generally heard by panels of three judges in Philadelphia, Harrisburg and Pittsburgh, although, on occasion, they may choose to hold court in other locations. Cases may also be heard by a single judge or by en banc panels of seven judges. Terms are ten years and the merit retention provision of Pennsylvania’s constitution allows judges to be retained with a simple “yes” or “no” vote, without ballot reference to political affiliation. This provision was designed to remove judges from political pressure once they begin their first term of office. Retention votes take place in a November general election. Judges may serve an unlimited number of terms until they reach the mandatory retirement age of 75.
Yearly salary $199,114. President Judge of the Commonwealth Court salary $205,253.

Responsible for:

• Original civil actions brought by and against the Commonwealth,
• Appeals from decisions made by state agencies and the Courts of Common Pleas
• Environmental impact cases
• Natural gas regulation challenges
• Challenges to voting district lines

List of Commonwealth Court Judges

What are the responsibilities of the Superior Court?

The Superior Court is one of Pennsylvania’s two statewide intermediate appellate courts. The Superior Court is often the final arbiter of criminal and most civil cases from the Court of Common Pleas. Cases are usually heard by panels of three judges sitting in Philadelphia, Harrisburg or Pittsburgh, but may also be heard en banc by nine judges. The Superior Court often travels to locations throughout Pennsylvania to hear cases. The superior court consists of 15 judges who serve 10-year terms. After the initial 10-year term, the merit retention provision of Pennsylvania’s constitution allows judges to be retained with a simple “yes” or “no” vote, without ballot reference to political affiliation. This provision was designed to remove judges from political pressure once they begin their first term of office. Retention votes take place in a November general election. Judges may serve an unlimited number of terms until they reach the mandatory retirement age of 75.
Yearly salary is $199,114. President Judge of the Superior Court salary $205,253.

Responsible for:

• Appeals in criminal and most civil cases from the Courts of Common Pleas
• Appeals on matters involving children and families
• Review and decide on wiretapping applications presented by the state’s attorney general and district attorneys under Pennsylvania’s Wiretapping and Electronic Surveillance Control Act

List of Superior Court Judges

What are the responsibilities of the Pennsylvania Supreme Court?

The Pennsylvania Supreme Court is the state’s court of last resort and has seven elected judges. The Supreme Court’s administrative powers and jurisdictional responsibilities are vested with the seven-member court by the Pennsylvania State Constitution and a collection of statutes known as the Judicial Code. The Pennsylvania Supreme Court hears discretionary appeals from the Pennsylvania Superior Court and the Pennsylvania Commonwealth Court, and it hears certain direct appeals from the Pennsylvania Court of Common Pleas. The Supreme Court has jurisdiction over direct appeals in felonious homicide, right to public office, Probate or Orphans’ Courts matters, contempt cases an questions of constitutionality of a statute. Other appeals are discretionary. The court can assume jurisdiction over any case in the Pennsylvania court system at any state of the proceedings, if it is a question of immediate public importance. Administratively, all the courts within the Unified Judicial System are largely responsible for organizing their own staff and dockets; however, the Supreme Court has several committees and boards responsible for writing and enforcing rules for judges, attorneys, and litigants to ensure an efficient and fair judicial review. Terms are ten years and the merit retention provision of Pennsylvania’s constitution allows judges to be retained with a simple “yes” or “no” vote, without ballot reference to political affiliation. This provision was designed to remove judges from political pressure once they begin their first term of office. Retention votes take place in a November general election. Judges may serve an unlimited number of terms until they reach the mandatory retirement age of 75.
Yearly salary $211,02, Chief Justice of the Supreme Court salary $217,168.

The Supreme Court has Juristiction Over Cases Involving:

• Habeas corpus — determination if a prisoner is legally detained
• Mandamus — compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly
• Quo Warranto — used to challenge another’s right to either public or corporate office or to challenge the legality of a corporation’s charter
• Requests for discretionary appeals from the Commonwealth Court and Superior Court
• Certain direct Appeals from the Pennsylvania Court of Common Pleas, including when a sentence of death is issued
• Requests to intervene in a lower court’s proceedings
• The court can assume jurisdiction over any case in the Pennsylvania court system
• Other appeals are discretionary

Annually, the seven justices receive over 3,000 requests for appellate review.

List of Pennsylvania Supreme Court Judges

Who are the current justices presiding over Pennsylvania’s Courts?

List of current Judicial office holders with year of retention vote

Examples of important cases affecting all Pennsylvanians

PA Supreme Court Ruling on Environmental Rights Amendment in 2017
“The Commonwealth (including the Governor and General Assembly) may not approach our public natural resources as a proprietor, and instead must at all times fulfill its role as a trustee.” 

Pennsylvania’s Commonwealth Court issued a split decision on challenge to environmental regulations for natural gas drilling in 2019

Pennsylvania Redistricting Lawsuit, originally filed in Commonwealth Court. On January 22, 2018, the Pennsylvania Supreme Court declared that Pennsylvania’s 2011 U.S. congressional districting map violates the Pennsylvania Constitution and enjoined its use in the upcoming May 15, 2018 primary. The Court invited the General Assembly to submit a new congressional districting plan for approval by the Governor. When they failed to do so, as outlined in its order and opinion, on February 19, 2018, the state’s highest Court adopted a new Congressional map in time for the 2018 elections.”

Pennsylvania Supreme Court Rejects Republican Suit To Throw Out Ballots, November 2020
In its ruling, the high court unanimously dismissed a lawsuit that claimed that a 2019 state law allowing no-excuse absentee ballots was unconstitutional.
The state Supreme Court decision also threw out a lower court decision to halt the state from further certifying election results.