Pennsylvania Practice Outline

PA Practice Outline

Kevin A. Hess – Fall 2011

Chapter I: The Courts

1. Article V—judicial system of PA

a. Supreme

i. 7 justices: Chief Justice is longest in commission

ii. Jurisdiction by law

b. Superior

i. 15 judges: President judge elected by others

ii. Jurisdiction by Constitution and General Assembly (GA)

c. Commonwealth

i. 9 judges, one elected as President Judge by others

ii. Formed by 1968 Constitution

d. Courts of Common Pleas

i. 60 judicial districts

ii. Number of judges determined by Legislature

iii. President Judge is longest in commission

iv. If judges elected on the same day they draw lots to determine seniority

e. Community, Municipal, Philadelphia and Pittsburg Traffic, District Justice

i. District Justices serve 6-year terms

f. Judicial Conduct Board investigates judge complaints

2. Supreme Court

a. Can temporarily assign judges and district justices from one court to another

b. Can prescribe general rules governing practice and procedure of all courts

c. Regulate admission to Bar and practice of law

d. A judicial rule of procedure may overcome a statute

i. Cannot be legislative interference with judicial power to regulate activities of attorneys

e. All justices and judges selected for ten-year term; may elect to stand for retention

i. Must receive a “yes” vote of 50% or greater to be retained

f. Vacancy in judicial office filled by governor appointment

i. 2/3s Senate confirmation required

ii. 50% Senate confirmation for district justice

1. The appointee serves until the next municipal election more than ten months after the vacancy occurs or for the remainder of the unexpired term, whichever is less.

iii. Mandatory retirement at 70.

3. Any office with 7 or fewer judges, longest in continuous service is Chief or President.

4. Courts with 8 or more judges, President selected for 5-year terms.

5. President of Philadelphia Traffic Court selected by Governor

6. Jurisdiction of Courts: if jurisdiction in wrong court it is not dismissed but transferred.

a. Supreme Court has minimal original jurisdiction

i. Habeaus corpus,

ii. Manadamus or prohibition to courts of inferior jurisdiction

iii. Quo warranto as to any officer with statewide jurisdiction:

b. If constitutionality of an Act of GA is attacked where Commonwealth is not a party, notice of such attack must be given to the AG

c. Exclusive jurisdiction of appeals from orders of Court of Common pleas

i. Matters prescribed by general rule

ii. The right to public office

iii. Matters where qualifications, tenure or right to serve, or the manner of service, of any member of the judiciary is drawn in question

iv. Automatic review of death penalty cases

v. Suppression of a DA by the AG or by a court on matters affecting the grand jury

vi. Matters where the right or power of the Commonwealth or municipality to create or issue indebtedness is drawn into question

vii. Matters where the Court of Common Pleas has found a law, treaty, or constitutional provision unconstitutional.

viii. Matters where the right to practice law is drawn into question

d. Exclusive jurisdiction of appeals from final orders of the Commonwealth Court entered in any matter which was originally commenced in the Commonwealth Court.

i. Any final order of Commonwealth Court entered in the appeal from a decision of the Board of Fincance and Revenue.

e. Final orders of Commonwealth Court not appealable as of right

f. Final orders of the Superior Court may be reviewed upon allowance of appeal (grant of allocator) by two justices of the Supreme Court upon petition of any party.

g. Exclusive jurisdiction of appeals from final orders of following Constitutional and Judicial Agencies:

i. Legislative Reapportionment Commission

ii. The Judicial Inquiry and View Board

iii. The agency vested with the power to determine whether members of the minor judiciary required to do so have completed a course of training and instruction and passed an examination

iv. The agency vested with the power to admit or recommend the admission of persons to the Bar; and

v. The agency vested with power to discipline or recommend the discipline of attorneys at law

h. In any matter pending of IMMEDIATE PUBLIC IMPORTANCE the Supreme Court may, on its own motion or upon petition of any party, assume plenary jurisdiction of the matter at any stage and enter a final order.

7. The Superior Court

a. Exclusive appellate jurisdiction of appeals from final orders of Common Pleas without regard to the nature of the controversy or the amount involved, except where appeals are within exclusive jurisdiction of the Supreme Court or Commonwealth Court

b. En bank consists of no more than nine members of the court.

8. Commonwealth Court

a. Original jurisdiction

i. All civil actions or proceedings by the Commonwealth government or its officers