The Pennsylvania Judiciary System

Understanding Pennsylvania’s complex court system can be a confusing endeavor, especially for individuals who’ve never encountered the judicial system before. This guide was created to help Pennsylvanians navigate the court system. For criminal defendants, an expert defense attorney can make all the difference when facing a Pennsylvania criminal charge. David M. Manilla is a skilled defense lawyer from DUI-DWI.com, a national network of top legal professionals devoted to defending the rights of criminal defendants.

Pennsylvania has a four-tiered court system and hears all civil and criminal cases in the state. The first tier in Pennsylvania’s system is the Special Courts, which weigh less serious, non-jury, criminal, civil and all traffic cases, bail issues, and pretrial hearings.

The second tier of the Pennsylvania judicial system is the Court of Common Pleas, which hears all major and criminal cases, appeals from the Special Courts in civil, criminal and traffic matters, and nearly all cases involving children and families.

Pennsylvania’s appellate courts – the Superior Court and the Commonwealth Courts – make up the third tier. The Superior Court hears criminal and certain civil appeals from the Courts of Common Pleas and appeals on cases involving families and children.

The Commonwealth Court hears civil cases brought by and against the Commonwealth, and appeals of decisions by state agencies and from Courts of Common Pleas involving the Commonwealth and local agencies.

The Supreme Court is the highest judicial authority in Pennsylvania. The seven-member court can opt to hear appeals from the Superior and Commonwealth Courts. The Supreme Court also hears direct appeals from the Courts of Common Pleas in cases required by law, including all death-penalty cases and direct appeals from Commonwealth Court. The court is the administrative leader of all courts in the state.

HOW THE COURTS OPERATE

Both civil and criminal cases can be tried before a jury with a judge presiding, or by a judge alone in what is known as a bench trial. Juries are primarily available in Common Pleas courts. The Supreme and Superior courts have no juries, and juries are only rarely in Commonwealth Court. In any court where jury trials are available, both sides can agree to have the case tried before a judge alone.

Potential jurors are chosen randomly from a pool. The judge and the attorneys question the potential jurors to determine whether they are qualified to hear the case. After the jury are selected and sworn in, lawyers for both sides give an opening statement to outline what each side believes the evidence will show.

Both the prosecution and defense present evidence in the form of exhibits and testimony. After the evidence is presented, each attorney gives a closing argument. If a jury is considering the case, the judge will instruct jurors on how to apply the law.

The jurors will deliberate privately for as long as is reasonably necessary to reach a verdict. In a criminal case, jurors decide whether the defendant is guilty or not guilty, and in some instances, may determine the penalty. The judge, however, is responsible for formally sentencing the defendant, typically at a later date. In civil cases, the jury decides whether the plaintiff has proven the case and what damages to award, if any. In some cases, the judge may overrule the jury’s determination or damage award.

Bench trials are heard by judges without a jury’s involvement. In a bench trial, the judge weighs the testimony and other evidence and determines the outcome of the case based upon established law.

All court cases are either civil or criminal. In certain civil cases, the district attorney or attorney general brings a criminal charge before the courts because a violation of the criminal law is considered an offense against the community.

Pennsylvania criminal offenses are charged as felonies, misdemeanors or summary offenses. Felonies, which include crimes such as murder or arson, carry the most severe repercussions, while summary offenses carry the least. If the prosecution proves that the defendant is guilty beyond a reasonable doubt, the individual faces incarceration, a fine, or probation.

Civil cases include proceedings such as personal injury, contract disputes, adoptions, divorces, and faulty consumer goods. The individual who initiates the lawsuit is the plaintiff, and must prove the case before a judge or jury with evidence that is more persuasive than the defendant’s. This standard is known as a ‘preponderance of the evidence.’ This standard of proof differs from criminal cases, where the defendant must be proven guilty beyond a reasonable doubt in order to be convicted. Some civil cases, such as divorce, support, or child custody matters, may be heard before quasi-judicial officers – masters, hearing or conference officers, etc.

Individuals must be 18 years of age or older, U.S. citizens, and able to read and understand English to serve on a jury. Modest juror compensation is allowed under state law. Individuals may also be called upon to serve on grand juries by a county prosecutor or the state Attorney General.

Criminal and civil court records are maintained in Common Pleas Court in most counties. The Register of Wills/Recorder of Deeds holds records of marriage licenses, deeds, wills, and other records. The Prothonotary’s Office maintains most civil case files. The Clerk of Courts maintains most criminal case information. The Clerks of the Orphans’ Court keeps records of adoptions and termination actions in most counties. However, in Philadelphia, these cases are heard, and records maintained, in family court.

Common Pleas courts hear family law cases such as child custody, divorce, child and spousal support, property division, alimony, paternity, and Protection from Abuse orders. Most of these cases originate in the Prothonotary’s Office, but child and spousal support matters are overseen by the domestic relations division of Common Pleas Court. Spousal and child support is set according to guidelines established by the Pennsylvania Supreme Court. All of the Commonwealth’s 67 counties have a domestic relations department that can be found in the Blue Pages of the phone book.

Legal research can be conducted at the law library maintained in each Common Pleas Court for the judiciary, prosecutors and public defenders, attorneys and public. Most libraries are free and open to the public.

There is a juvenile court in every jurisdiction for abused or neglected children and children under 18 charged with misdemeanors or felonies. Juvenile courts provide a wide spectrum of programs designed to assist children found delinquent or dependent, including residential programs and foster care.

Defendants who are facing criminal charges and can’t afford a lawyer can find help at the Public Defender’s Office. Legal Services provides assistance to poor Pennsylvanians in civil matters. For an attorney referral, call the toll-free Pennsylvania Bar Association at (800) 692-7375.

Anyone who wants to complain about a judge’s conduct can contact the Judicial Conduct Board. The JCB investigates complaints of misconduct concerning Pennsylvania’s appellate, trial, and special courts judges.

To complain about the conduct of a Pennsylvania lawyer, contact the Disciplinary Board of the Supreme Court. The disciplinary board investigates complaints about the conduct of Pennsylvania’s more than 51,000 practicing attorneys. Anyone who believes a lawyer took money improperly should contact the Pennsylvania Lawyers Fund for Client Security.

Individuals who aspire to become district justices should contact the Minor Judiciary Education Board. It educates and certifies non-attorneys who hope to be elected as district justices or Pennsylvania Traffic Court judges. The board also provides conducts continuing education for all special court judges.

Those who wish to practice law in Pennsylvania should contact the Board of Law Examiners. The board administers the bar examination for new lawyers and reviews applications from attorneys in other states wishing to be admitted to legal practice in Pennsylvania.

Those with questions about court administration, either locally or across the state, can contact the relevant judicial district. Pennsylvania’s 67 counties have 60 judicial districts, and each one has a president judge and a district court administrator. The president judge is responsible for the administration of the judicial district. The district court administrator carries out day-to-day management tasks on behalf of the judges.

One of the best places to ask questions about the courts in each county is the district court administrator’s offices. However, the staff members cannot give legal advice. Most counties also have administrators for the Special Courts who can answer questions about district justice offices or the Philadelphia Traffic Court. Most counties also have an independently elected clerk of the court.

The administrative arm of the Pennsylvania Supreme Court is the Administrative Office of Pennsylvania Courts (AOPC). The AOPC oversees the court’s policy and management directives and provides administrative support, technical assistance, guidance, and legal representation for the jurists and court administrators within the 60 judicial districts.

The Court Administrator of Pennsylvania, whose office is prescribed within the Pennsylvania Constitution, leads the AOPC. Questions about the state court system or problems that cannot be addressed locally or through one of the service agencies listed previously should contact one of two AOPC offices: Administrative Office of Pennsylvania Courts, 5001 Louise Drive, Mechanicsburg, PA 17055 (717) 795-2000, or Administrative Office of Pennsylvania Courts, 1515 Market Street, Suite 1414, Philadelphia, PA 19102 (215) 560-6300.

The Pennsylvania Judiciary’s website at www.courts.state.pa.us may be able to provide answers to questions not addressed by the agencies listed above. The Pennsylvania courts were the second in the nation to go online, and are among the country’s leaders in using technology to efficiently administer its courts and broaden public accessibility.

Pennsylvania’s court system can be daunting without an expert defense lawyer to help navigate its complexities. For more information about mounting an effective defense to criminal charges, please contact defense attorney David M. Manilla. David is a member of DUI-DWI.com, a national association of top defense lawyers dedicated to protecting the rights of criminal defendants. Contact him today for a free consultation.