The Pennsylvania Judiciary System

Navigating Pennsylvania’s court system can be confusing, especially for the first time. This guide was produced to help Pennsylvania criminal defendants and others understand the court system. A top defense lawyer can help a criminal defendant understand the complexities of the court system. David M. Manilla is an experienced defense attorney from DrunkDrivingDefense.com, a nationwide association of legal experts devoted to defending the rights of criminal defendants.

Pennsylvania’s court system is four-tiered and hears all civil and criminal matters in the state. The lowest tier of Pennsylvania’s system is the Special Courts, which hear less serious, non-jury criminal, civil and all traffic cases, matters pertaining to bail, and pretrial hearings.

The next tier is the Court of Common Pleas, which oversees all major and criminal cases, appeals from the Special Courts in civil, criminal and traffic matters, and almost all cases involving children and families.

There are two appellate courts in Pennsylvania – the Superior Court and the Commonwealth Courts. The Superior Court hears criminal and certain civil appeals from the Courts of Common Pleas and appeals from the Courts of Common Pleas on cases involving families and children.

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

At the top of Pennsylvania’s court system, the Supreme Court is the highest judicial authority in the state. The seven-member panel considers discretionary 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 may opt to consider a case from any level, and is the administrative leader of all courts in the state.

HOW THE COURTS OPERATE

Both civil and criminal cases may be tried before a judge, or a jury with a judge presiding. Juries are primarily available in Common Pleas (trial) courts. There are no juries in Supreme and Superior Courts, and only rarely in Commonwealth Court. Even in courts where juries are available, both sides can agree to have the case tried before a judge rather than a jury.

Trial jurors are selected randomly from a pool. Potential jurors are questioned by the judge and the attorneys to ensure that they are qualified to hear the case. Once the jurors are chosen and sworn in, attorneys for both sides give an opening statement to outline what each side believes the evidence will show.

Each side will present evidence in the form of exhibits and testimony. Once the evidence is presented, each lawyer gives a closing argument. In a jury trial, the judge instructs jurors on how to apply the law to the case. Jurors deliberate privately for as long as is reasonably necessary to reach a verdict. In criminal cases, the jury determines whether a defendant is guilty or not guilty, and in some instances, may determine the penalty. The judge, however, is responsible for formally sentencing the defendant, usually at a later hearing. In civil cases, the jury will decide whether the plaintiff has proven the case and what, if any, damages to award. In some cases, the judge may overrule the jury’s determination or damage award.

Trials are also conducted by judges without a jury’s involvement. In a bench trial, the judge considers the testimony and other evidence and determines the outcome of the case based upon established law.

Every court case falls into the category of 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.

Criminal defendants can be charged with a felony, misdemeanor or summary offense. Felonies, such as murder or arson, carry the most severe punishment, while summary offenses carry the least. If the prosecuting attorney proves a defendant is guilty beyond a reasonable doubt, the person can face a prison term, fine or probation.

Types of civil cases include adoptions, divorces personal injury, contract disputes, and faulty consumer goods. The person who files the lawsuit is called the plaintiff and must prove the case before a judge or jury by presenting evidence that is more persuasive than the opposing 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.

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

Elected officials maintain criminal and civil records in Common Pleas Court in most counties. The Register of Wills/Recorder of Deeds maintains deeds, wills, marriage licenses 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 maintain records for adoptions and termination actions in most counties. In Philadelphia, these cases are heard, and records maintained, in family court.

The Common Pleas courts oversee family law matters such as divorce, child custody, child and spousal support, property division, alimony, paternity, and Protection from Abuse orders. While most of these cases originate in the Prothonotary’s Office, child and spousal support matters are overseen by the domestic relations division of Common Pleas Court. Child and spousal support is determined by a set of guidelines established by the Pennsylvania Supreme Court. Each of the Commonwealth’s 67 counties has a domestic relations section that can be found in the Blue Pages of the phone book.

For those who wish to do legal research, each Common Pleas Court maintains a law library for the judiciary, prosecutors and public defenders, attorneys and public. Most libraries are free and open to the public.

Every judicial district has a juvenile court for abused or neglected children and minors charged with misdemeanors or felonies. Juvenile courts have a broad range of services designed to assist children found delinquent or dependent, including residential programs and foster care. For more information, contact the county juvenile probation department. For more information about dependency, contact the county Children and Youth Department.

Individuals facing criminal charges who can’t afford legal counsel may find help in the Public Defender’s Office. Legal Services provides assistance to poor Pennsylvanians in civil matters. Anyone may call the toll-free Pennsylvania Bar Association Lawyer Referral Service at (800) 692-7375.

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

To lodge a complaint about a Pennsylvania attorney’s conduct, contact the Disciplinary Board of the Supreme Court. This panel investigates complaints regarding the conduct of Pennsylvania’s more than 51,000 practicing attorneys. Individuals who believe an attorney took money improperly should contact the Pennsylvania Lawyers Fund for Client Security.

Individuals who aspire to practice law in Pennsylvania can 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 who desire to become a district justice should contact the Minor Judiciary Education Board. It educates and certifies non-lawyers who seek election as district justices or Pennsylvania Traffic Court judges. It also conducts continuing education for all special court jurists.

Questions about court administration, either locally or across the state, should be directed to the relevant judicial district. There are 60 judicial districts in Pennsylvania’s 67 counties, and each 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.

District court administrator’s offices are one of the best places to ask questions about court business in each county. However, staff members cannot give legal advice. Many 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, prothonotaries (civil court clerks), registers of wills, and recorders of deeds.

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

The AOPC is led by the Court Administrator of Pennsylvania, whose office is prescribed within the Pennsylvania Constitution. 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.

For information about any of these agencies, call an administrative office or visit the Pennsylvania Judiciary’s Website at: www.courts.state.pa.us. Pennsylvania’s state court system was the second in the country to go online and is among the nation’s leaders in using technology to more efficiently administer its courts and broaden public accessibility.

For more information about Pennsylvania’s court system or mounting an effective defense to criminal charges, please contact defense lawyer David M. Manilla. David is one of the dedicated legal professionals of DrunkDrivingDefense.com, a nationwide network of skilled defense attorneys who fight for the rights of criminal defendants. Contact him today for a free consultation.