The Supreme Court of Pennsylvania maintains a discretionary docket, meaning that the Court may choose which cases it accepts, with the exception of mandatory death penalty appeals, and certain appeals from the original jurisdiction of the Commonwealth Court.[5] This discretion allows the Court to wield powerful influence on the formation and interpretation of Pennsylvania law.
A writ signed in 1702 by then Provincial Court of Pennsylvania chief justice John GuestJustices' seats in the Pennsylvania Supreme Court's chambers in the Pennsylvania State Capitol in HarrisburgA mural on the wall of the Pennsylvania Supreme Court's chambers in the Pennsylvania State Capitol
The original Pennsylvania constitutions, drafted by William Penn, 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. Until 1776, legislation and judicial decisions in Pennsylvania, as in various American colonies, were subject to review by the Privy Council of the United Kingdom in London.
Between 1780 and 1808, a Pennsylvania High Court of Errors and Appeals existed, which was the court of last resort in Pennsylvania. After that court's dissolution in 1808, the Commonwealth's Supreme Court became, and remains, the court of last resort in the Pennsylvania judiciary.
The Supreme Court of Pennsylvania predates the United States Supreme Court by more than 100 years. Interpreting the Pennsylvania Constitution, it was one of the first appellate courts in the United States to claim the power to declare laws made by an elected legislative body unconstitutional (Respublica v. Duquet, 2 Yeates 493 (1799)).
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 court automatically becomes Chief Justice. Justices must step down from the Supreme Court when they reach the age of 75 (at the end of the calendar year), but they may continue to serve part-time as "senior justices" on panels of the Commonwealth's lower appellate courts until they reach 78, the age of mandatory retirement.[6]
Prior to 2002, judicial candidates in Pennsylvania were prohibited from expressing their views on disputed legal or political issues. However, 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))[7]
After the ten-year term expires, a statewide yes or no vote for retention is conducted. A judge who retained 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 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 and 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.[8]
Commonwealth of Pennsylvania v. Mimms (1975), in which the Court held that the unlawful possession charges as well as the relevant convictions and sentences against Harry Mimms over his illicit possession and concealed carry of an unlicensed firearm must be vacated and his case should be remanded for a new trial with the suppression of evidence due to violations of his Fourth Amendment rights; overturned by the Supreme Court of the United States in Pennsylvania v. Mimms, 434 U.S. 106 (1977).[11]
Commonwealth of Pennsylvania v. Williams (2014), in which the Court held that the stay of execution against Terrence "Terry" Williams is overturned despite the lack of recusal on the part of then Chief Justice of the Supreme Court of Pennsylvania Ronald D. Castille for his prosecution of Williams as a former District Attorney of Philadelphia; overturned by the Supreme Court of the United States in Williams v. Pennsylvania, 579 U.S. ___ (2016).[13][14]
Commonwealth of Pennsylvania v. Cosby (2021), in which the Court held that the sexual assault charges as well as the relevant convictions and sentences against disgraced celebrity Bill Cosby over his rape of Andrea Constand must be vacated, he must be discharged from prison, and any future litigation over such crime must be barred due to violations of his due process rights.[17][18]
Commonwealth of Pennsylvania v. Barr II (2021), in which the Court held that warrantless searches are unjustified if they are predicated upon the odor of cannabis alone.[19][20]
See also
Wikimedia Commons has media related to Supreme Court of Pennsylvania.
^"Supreme Court – Courts – Unified Judicial System of Pennsylvania". www.pacourts.us. Retrieved July 7, 2017.
^sjc (July 17, 2013). "About the Supreme Judicial Court". Court System. Retrieved July 7, 2017.
^"About the Supreme Court of Pennsylvania – SCOPA Review". Retrieved July 7, 2017.
^Rowe, G. S. (1994). Embattled bench: The Pennsylvania Supreme Court and the forging of a democratic society, 1684–1809. Newark: University of Delaware Press.
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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 1 a claim that is disputed by the Massachusetts Supreme Judicial Court 2 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 3 4 Supreme Court of PennsylvaniaEstablishedMay 22 1722 1722 05 22 1684 as Provincial Court JurisdictionPennsylvaniaLocationHarrisburg Philadelphia PittsburghCoordinates40 00 27 N 75 08 02 W 40 0076285480661 N 75 1339708140369 W 40 0076285480661 75 1339708140369 Philadelphia 40 16 30 N 76 53 03 W 40 2748868868128 N 76 8842788151586 W 40 2748868868128 76 8842788151586 Harrisburg 40 26 21 N 79 58 35 W 40 4392676432951 N 79 9762914708584 W 40 4392676432951 79 9762914708584 Pittsburgh Composition methodpartisan election with Yes No retention election at end of termAuthorized byConstitution of PennsylvaniaAppeals fromSuperior Court of PennsylvaniaCommonwealth Court of PennsylvaniaJudge term length10 yearsNumber of positions7WebsitePennsylvania Supreme Court websiteChief JusticeCurrentlyDebra ToddSinceOctober 1 2022 2022 10 01 PhiladelphiaHarrisburgPittsburghclass notpageimage The three locations of the Supreme Court of Pennsylvania Harrisburg Philadelphia and Pittsburgh The Supreme Court of Pennsylvania maintains a discretionary docket meaning that the Court may choose which cases it accepts with the exception of mandatory death penalty appeals and certain appeals from the original jurisdiction of the Commonwealth Court 5 This discretion allows the Court to wield powerful influence on the formation and interpretation of Pennsylvania law Contents 1 History 2 Composition and rules 3 Justices 3 1 Current members 3 2 Vacancies and pending nominations 4 Important cases 5 See also 6 References 7 External linksHistory Edit A writ signed in 1702 by then Provincial Court of Pennsylvania chief justice John Guest Justices seats in the Pennsylvania Supreme Court s chambers in the Pennsylvania State Capitol in Harrisburg A mural on the wall of the Pennsylvania Supreme Court s chambers in the Pennsylvania State CapitolThe original Pennsylvania constitutions drafted by William Penn 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 Until 1776 legislation and judicial decisions in Pennsylvania as in various American colonies were subject to review by the Privy Council of the United Kingdom in London Between 1780 and 1808 a Pennsylvania High Court of Errors and Appeals existed which was the court of last resort in Pennsylvania After that court s dissolution in 1808 the Commonwealth s Supreme Court became and remains the court of last resort in the Pennsylvania judiciary The Supreme Court of Pennsylvania predates the United States Supreme Court by more than 100 years Interpreting the Pennsylvania Constitution it was one of the first appellate courts in the United States to claim the power to declare laws made by an elected legislative body unconstitutional Respublica v Duquet 2 Yeates 493 1799 Composition and rules EditThe court meets in three cities Philadelphia Pittsburgh and Harrisburg 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 court automatically becomes Chief Justice Justices must step down from the Supreme Court when they reach the age of 75 at the end of the calendar year but they may continue to serve part time as senior justices on panels of the Commonwealth s lower appellate courts until they reach 78 the age of mandatory retirement 6 Prior to 2002 judicial candidates in Pennsylvania were prohibited from expressing their views on disputed legal or political issues However 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 7 After the ten year term expires a statewide yes or no vote for retention is conducted A judge who retained 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 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 and 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 8 Justices EditMain article List of justices of the Supreme Court of Pennsylvania The Supreme Court of Pennsylvania consists of seven members who are elected to ten year terms as justices Current members Edit Justice Born Joined Term ends Mandatory retirement a Party affiliation Appointed by Law schoolDebra Todd Chief Justice 1957 10 15 October 15 1957 age 65 January 7 2008 as Associate Justice October 1 2022 as Chief Justice 2027 2032 Democratic b PittsburghChristine Donohue 1952 12 24 December 24 1952 age 70 January 4 2016 2025 2027 Democratic b DuquesneKevin M Dougherty 1962 05 19 May 19 1962 age 61 January 4 2016 2025 2037 Democratic b AntiochDavid N Wecht 1962 05 20 May 20 1962 age 61 January 4 2016 2025 2037 Democratic b YaleSallie Updyke Mundy 1962 06 29 June 29 1962 age 61 July 21 2016 2027 2037 Republican Tom Wolf D PittsburghP Kevin Brobson 1970 11 26 November 26 1970 age 52 January 3 2022 2031 2045 Republican b Widenerseat vacant Justices must retire by the last day December 31 of the calendar year in which they reach the age of 75 9 a b c d e Took office after being elected in a partisan election Vacancies and pending nominations Edit Seat last held by Vacancy reason Date of vacancy Nominee Nomination announcedMax Baer Death October 1 2022 10 Important cases EditEakin v Raub 1825 in which the Court held that it has the authority of judicial review over state laws if they contradict the state constitution Commonwealth of Pennsylvania v Mimms 1975 in which the Court held that the unlawful possession charges as well as the relevant convictions and sentences against Harry Mimms over his illicit possession and concealed carry of an unlicensed firearm must be vacated and his case should be remanded for a new trial with the suppression of evidence due to violations of his Fourth Amendment rights overturned by the Supreme Court of the United States in Pennsylvania v Mimms 434 U S 106 1977 11 League of Women Voters of Pennsylvania v Commonwealth of Pennsylvania 2018 in which the Court held that the 2011 congressional map by the state s legislature constituted an illegal partisan gerrymander and consequently ordered the congressional map to be redrawn 12 Commonwealth of Pennsylvania v Williams 2014 in which the Court held that the stay of execution against Terrence Terry Williams is overturned despite the lack of recusal on the part of then Chief Justice of the Supreme Court of Pennsylvania Ronald D Castille for his prosecution of Williams as a former District Attorney of Philadelphia overturned by the Supreme Court of the United States in Williams v Pennsylvania 579 U S 2016 13 14 Commonwealth of Pennsylvania v Davis 2019 in which the Court held that the Fifth Amendment to the Constitution of the United States of America protects individuals from forcibly relinquishing the passwords of their digital accounts to law enforcement 15 16 Commonwealth of Pennsylvania v Cosby 2021 in which the Court held that the sexual assault charges as well as the relevant convictions and sentences against disgraced celebrity Bill Cosby over his rape of Andrea Constand must be vacated he must be discharged from prison and any future litigation over such crime must be barred due to violations of his due process rights 17 18 Commonwealth of Pennsylvania v Barr II 2021 in which the Court held that warrantless searches are unjustified if they are predicated upon the odor of cannabis alone 19 20 See also Edit Wikimedia Commons has media related to Supreme Court of Pennsylvania Pennsylvania portalState supreme court King s Bench jurisdiction Superior Court of Pennsylvania Commonwealth Court of Pennsylvania List of state and county courthouses in Pennsylvania Marbury v Madison Andrea Constand v William H Cosby Jr References Edit Supreme Court Courts Unified Judicial System of Pennsylvania www pacourts us Retrieved July 7 2017 sjc July 17 2013 About the Supreme Judicial Court Court System Retrieved July 7 2017 About the Supreme Court of Pennsylvania SCOPA Review Retrieved July 7 2017 Rowe G S 1994 Embattled bench The Pennsylvania Supreme Court and the forging of a democratic society 1684 1809 Newark University of Delaware Press See generally Pa R A P 1112 Judicial Qualifications Election Tenure and Vacancies The Unified Judicial System of Pennsylvania Pennsylvania Code pacode com Pennsylvania Supreme Court Ballotpedia Ballotpedia Retrieved October 29 2018 Constitution of Pennsylvania Article V 16 Mastrull Diane October 1 2022 Pa Supreme Court Chief Justice Max Baer has died The Philadelphia Inquirer Retrieved October 1 2022 Pennsylvania v Mimms 471 Pa 546 1 March 31 1975 League of Women Voters of Pennsylvania v Commonwealth of Pennsylvania No 159 MM 2018 2 PA February 19 2018 Pennsylvania v Williams 105 A 3d 1234 Pa 2014 3 PA December 15 2014 Williams v Pennsylvania No 15 5040 4 US June 9 2016 Pennsylvania v Davis No 56 2018 5 PA November 29 2019 Crocker Andrew November 20 2019 Victory Pennsylvania Supreme Court Rules Police Can t Force You to Tell Them Your Password Eff Pennsylvania v Cosby No 39 2020 6 PA June 30 2021 Bill Cosby s Conviction Is Overturned Read the Court s Opinion The New York Times June 30 2021 Retrieved October 28 2022 Pennsylvania v Bar II No 28 2021 7 PA December 29 2021 Deto Ryan December 30 2021 Pa Supreme Court says warrantless searches not justified by cannabis smell alone Pittsburgh City Paper External links EditSupreme Court of Pennsylvania40 15 51 N 76 53 01 W 40 264260 N 76 883578 W 40 264260 76 883578 Portal Law Retrieved from https en wikipedia org w index php title Supreme Court of Pennsylvania amp oldid 1167965727, wikipedia, wiki, book, books, library,
