Pennsylvania Judiciary System
Entering Pennsylvania’s court system, particularly for the first time, can be a frustrating and nerve-wracking experience. This guide is designed to familiarize Pennsylvania criminal defendants with the court system. The best way to navigate the Pennsylvania judicial system is with an expert attorney at the defendant’s side. David M. Manilla is one of the experienced defense lawyers of 1800DUILaws.com, a national network of legal professionals dedicated to protecting the rights and freedom of criminal defendants.
Pennsylvania has a four-tiered court system designed to hear all civil and criminal matters in the state. The Special Courts hear less serious, non-jury criminal, civil and all traffic cases, matters pertaining to bail, and pretrial hearings.
The Courts of Common Pleas hear all major and criminal cases, appeals from the Special Courts in civil, criminal and traffic matters, and most matters involving children and families.
Pennsylvania has two appellate courts – Superior Court and Commonwealth Courts.
Superior Court hears criminal and certain civil appeals from the Courts of Common Pleas and appeals from the Courts of Common Pleas on matters involving children or families.
Commonwealth Court hears original civil cases brought by and against the Commonwealth, appeals from decisions by state agencies and from Courts of Common Pleas involving the Commonwealth and local agencies.
The Pennsylvania Supreme Court is the highest judicial authority in the state. The seven member court hears discretionary appeals from the Superior and Commonwealth Courts by allowance. The Supreme Court also hears direct appeals from the Courts of Common Pleas in cases specified by statute, including all death-penalty cases and direct appeals from Commonwealth Court in its original jurisdiction. It may hear a case from any level in certain circumstances, and is the administrative leader of all courts in the state.
HOW THE COURTS OPERATE
A case – whether civil or criminal – 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 are juries used in Commonwealth Court. When a jury is permitted, both sides in a case can agree to have the case tried before a judge rather than a jury.
In a jury trial, prospective jurors are selected randomly from various sources. The potential jurors are asked questions by the judge and/or the attorneys to ensure that they are qualified to hear the case. After the jurors are chosen and sworn in, the lawyers present an opening statement to the jury to outline what each side believes the evidence will show.
Exhibits and testimony make up the evidence presented by each side in a case. After all the evidence is presented, each attorney gives a closing argument. If the case is being tried before a jury, the judge instructs the jury on how to apply the law to the case. Jurors deliberate privately in making a determination. In criminal cases, the jury determines whether a defendant is guilty or not guilty and in limited instances may determine a penalty. The judge, however, is responsible for formally sentencing the defendant, usually at a later hearing. In a civil case, the jury determines whether a plaintiff has proven the case and what, if any, damages to award. Under certain circumstances, the judge may overrule the jury’s determination or damage award.
A trial may be held by a judge without a jury’s involvement. In this instance, the judge hears all of the testimony of witnesses and attorney’s arguments and determines the outcome of the case based upon established law.
All court cases are either civil or criminal. In civil cases, the Commonwealth, represented by 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. An individual can be charged with a felony, misdemeanor or summary offense. A felony charge, such as murder or arson, carries the most severe penalties while a summary charge carries 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.
Civil cases include every type of legal action except criminal actions. The types of civil cases include personal injury, contract disputes, adoptions, divorces and faulty consumer goods. The person who filed the lawsuit, called the plaintiff, must prove the case before a judge or jury by presenting evidence that is more persuasive than the opposing evidence. This is unlike a criminal case where proof must be beyond a reasonable doubt. Some aspects of civil cases (notably in divorce, support, or child custody matters) may be heard before quasi-judicial officers – masters, hearing or conference officers, etc.
Prospective jurors are selected in each county from various sources. Jurors must be U.S. citizens, 18 years of age or older, and able to read and understand English. Modest juror compensation is set by state law. Citizens are also called upon to serve on grand juries by a county prosecutor or the state Attorney General. For more information, contact the district court administrator in your county.
In most counties, elected county-paid officials maintain criminal and civil records in each Common Pleas Court. The Register of Wills/Recorder of Deeds maintains deeds, wills, marriage licenses and other similar information. The Prothonotary’s Office maintains most civil case information. 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.
Pennsylvania’s Common Pleas courts have jurisdiction over family law matters: divorce, property division, alimony, child custody, child and spousal support, paternity, and Protection from Abuse orders. While most of these cases originate in the Prothonotary’s Office, child and spousal support matters are handled in the Domestic Relations section of Common Pleas Court. 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. Look in the Blue Pages of your phone book for the office nearest you.
Each Common Pleas Court maintains a law library that acts as a legal information center for the judiciary, prosecutors and public defenders, attorneys and public. Most libraries are free and open to the public.
Each judicial district has a Juvenile Court for deciding cases involving children younger than 18 who are charged with misdemeanors or felonies, or who are alleged to be abused or neglected. Juvenile court judges have a wide range of services available for assisting children found delinquent or dependent, including residential programs and foster care. For more information about delinquency, contact your county juvenile probation department. For more information about dependency, contact your county Children and Youth Department.
People charged with crimes who cannot afford their own legal counsel may find help in the Public Defender’s Office. Legal Services provides legal assistance to poor Pennsylvanians in civil matters; check your local phone book for more information. Anyone may call the toll-free Pennsylvania Bar Association Lawyer Referral Service at (800) 692-7375.
Anyone who has a complaint about a judge’s conduct can contact the Judicial Conduct Board. They investigate complaints of misconduct concerning Pennsylvania’s appellate, trial, and special courts jurists.
Individuals who wish to complain about a lawyer’s conduct can contact the Disciplinary Board of the Supreme Court. They investigate complaints regarding the conduct of Pennsylvania’s more than 51,000 practicing attorneys. Contact the nearest regional office. Anyone who believes a lawyer improperly took money can contact the Pennsylvania Lawyers Fund for Client Security. They help to recover money improperly retained by an attorney.
Anyone with a desire to practice law in Pennsylvania should contact the Board of Law Examiners. They administer the bar examination for new lawyers and reviews applications from attorneys in other states wishing to be admitted to legal practice in Pennsylvania.
Individuals who wish to become a district justice can contact the Minor Judiciary Education Board. It offers education and certification for non-lawyer Pennsylvanians who seek election as district justices or Pennsylvania Traffic Court judges. It also conducts continuing education for all special court jurists.
Anyone who has a question about court administration, either locally or across the state should contact the relevant judicial district. Pennsylvania’s 67 counties are divided into 60 judicial districts, each of which has a president judge and a district court administrator. The president judge is primarily responsible for local administration of a judicial district and the district court administrator carries out day-to-day management tasks on behalf of the president judge and other jurists.
District court administrator’s offices are among the best places for citizens to pose questions about the general conduct of court business in each county. However, these offices are unable to give legal advice. Many counties also have administrators for the Special Courts and they can serve as an information source regarding district justice offices or the Philadelphia Traffic Court. Most counties also have independently elected clerks of (criminal) court, prothonotaries (civil court clerks), registers of wills, and recorders of deeds. Telephone numbers for all of these court offices may be found in the Blue Pages of local phone directories.
As the administrative arm of the Pennsylvania Supreme Court, the Administrative Office of Pennsylvania Courts (AOPC) carries out that court’s policy and management directives while also providing 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. Citizens with questions about the state court system generally or with problems that cannot be addressed locally or through one of the service agencies listed previously, may 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 the agencies call one of the administrative offices or please 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, through its Judicial Computer Project, has been among the nation’s leaders in using technology to more efficiently administer its courts and broaden public accessibility.
Defense lawyer David M. Manilla can provide additional information about the Pennsylvania courts or a pending criminal charge. David Manilla is a member of 1800DUILaws.com, a national association of skilled defense attorneys dedicated to fighting for criminal defendants’ rights. Contact Pennsylvania DUI / DAI defense lawyer David M. Manilla today for a free consultation of your DUI case by calling 1.800.DUI.LAWS.
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