We’re approaching the November elections, and we are expected to vote for judges whose decisi
ons will have a very profound impact on our professions and personal lives. I recall that before I was an attorney, I was clueless about the court system, and judges in general.
Here is a primer on the Pennsylvania court system. You start a case with a trial or hearing. If it is a hearing with a government agency it is at an administrative hearing. Private matters are heard in the county court, in one of our 67 counties.
Then any party has an automatic right of appeal into either the Superior Court or the Commonwealth Court if they feel an error was made in the lower court. Since the laws get more complicated from year to year, it becomes easier to find grounds for appeal.
When you appeal, you go to either the Superior Court or the Commonwealth Court? What determines which?
That depends on the type of case that you had in the lower court. If you were involved in a negligence case, a breach of contract case, a criminal, family law or a Will contest, then the appeal is to the Pennsylvania Superior Court.
If you were involved in a case with a government agency such as a zoning dispute, a dispute over a citation from DHS or a citation from the Dept. of Nursing, Dept. of Transportation, Revenue, etc, then the appeal is to the Commonwealth Court.
Importantly, although there may be nine judges on both the Superior and Commonwealth Courts, each case is heard by a panel of three judges. This may occasionally result in inconsistent opinions between different panels. These conflicting decisions are heard by the Pennsylvania Supreme Court.
You do not have an automatic right to appeal to the Pennsylvania Supreme Court. Like the U.S. Supreme Court, it decides which cases it wants to hear. They decide what they consider important issues, and they resolve any inconsistent decisions from the two lower courts.
To find out what spots are up for re-election, go here.
Category: Laws Author: Bob Gasparro, Esq.