Author Archives: gasparror@hotmail.com

We’re approaching the November elections, and we are expected to vote for judges whose decisions 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.

Note: I am not endorsing any candidate, just explaining how the system works.

Few Pennsylvania voters are familiar with the judges up for election in a few weeks, right? Even though the outcome of the elections will influence government’s control over us for many years, few know how to begin to evaluate the candidates, right?

Since so few people understand the qualifications of the Pennsylvania candidates, and they need to raise money to get re-elected, there is a move to have judges appointed rather than elected. The counter-argument is that if a judge is appointed for life, it’s too easy for that individual, over time, to lose touch with those who are served, with no way to remove the judge. An election every ten years provides an opportunity for voters to re-assess whether a judge should serve another term. Pennsylvania has tried several different methods since 1776.

One important upcoming election is for Judge of the Pennsylvania Supreme Court.  For example, Judge Saylor is one candidate up for re-election. The way it works in Pennsylvania is that over half the votes cast must choose “yes” to retain Judge Saylor another ten years. If they do not, and most choose “no” not to retain him, the governor appoints a temporary replacement, with a later election to fill the vacancy. Since Judge Saylor has served on the PA Supreme Court longer than anyone else, he is the Chief Justice.

How can the average voter collect information about him or any other judge?  One source is Ballotpedia:

https://ballotpedia.org/Thomas_Saylor

https://ballotpedia.org/Pennsylvania_Supreme_Court_elections,_2017

Another source is to check the votes that came in from attorneys from the local bar association or check your local political party, including your local committee person. The last place source of information to make a decision is what is said in a radio, television or Facebook ad.

If you have any insight about the upcoming Pennsylvania judicial elections, write a comment below.