Supreme Court of Pennsylvania

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Image:SupremeCourtDom Harrisburg Pennsylvania USA.jpg The Supreme Court of Pennsylvania is the court of last resort for the Commonwealth of Pennsylvania. It meets in Philadelphia, Pittsburgh and Harrisburg, Pennsylvania.

1 History
2 Composition and rules
3 Supreme Court Justices
4 See also
5 External links

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History

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.

Predating the United States Supreme Court by 67 years, Pennsylvania's highest court was established by the General Assembly on May 22, 1722. Interpreting the Pennsylvania Constitution, it was the first independent Supreme Court in the United States with the power to declare laws made by an elected legislative body unconstitutional.

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Composition and rules

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 supreme court automatically becomes Chief Justice.

Prior to 2002, judicial candidates in Pennsylvania were prohibited from expressing their views on disputed legal or political issues. But after a similar law in Minnesota was struck down as unconstitutional (Minnesota v. White; 122 S. Ct. 2528 (2002)), 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)).

After the ten year term expires, a statewide YES/NO vote for retention is conducted. If the judge is retained, he/she 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 will leave office after his term expires in 2006.

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.

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.

nl:Hooggerechtshof van Pennsylvania

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