View source for Supreme Court of Pennsylvania

{{Short description|Highest court in the U.S. state of Pennsylvania}}
{{Use American English|date=November 2021}}
{{Use mdy dates|date=November 2021}}
{{Infobox high court
| court_name        = Supreme Court of Pennsylvania
| image             = Seal of the Supreme Court of Pennsylvania.svg
| imagesize         = 200px
| caption           =  
| established       = {{start date|1722|05|22}}<br>(1684 as Provincial Court)
| jurisdiction      = [[Pennsylvania]]
| location          = {{plainlist|
*[[Harrisburg, Pennsylvania|Harrisburg]]<br>{{coord|40|16|01|N|76|52|57|W|name=Harrisburg}}
*[[Philadelphia]]<br>{{coord|39|57|09|N|75|09|47|W|name=Philadelphia}}
*[[Pittsburgh]]<br>{{coord|40|26|17|N|79|59|49|W|name=Pittsburgh}}
}}
| motto             = 
| type              = partisan election with "Yes/No" [[retention election]] at end-of-term
| authority         = [[Pennsylvania Constitution|Constitution of Pennsylvania]]
| appealsfrom       = [[Superior Court of Pennsylvania]]<br>[[Commonwealth Court of Pennsylvania]]
| terms             = 10 years
| positions         = 7
| budget            = <!-- amount of annual budget -->
| website           = {{URL|pacourts.us/courts/supreme-court|Official website}}
| chiefjudgetitle   = Chief Justice
| chiefjudgename    = [[Debra Todd]]
| termstart         = {{start date|2022|10|01}}
| termend           = 
| division_map      = <!-- image for a map of division separations, if applicable -->
| division_map_size = <!-- size of division map above, if applicable -->
| division_map_alt  = <!-- alt text for division map above, if applicable -->
| division_caption  =
}}
The '''Supreme Court of Pennsylvania''' is the highest court in the [[Commonwealth (U.S. state)|Commonwealth]] of [[Pennsylvania]]'s [[Judiciary of Pennsylvania|Unified Judicial System]]. It began in 1684 as the Provincial Court, and casual references to it as the "Supreme Court" of Pennsylvania were made official in 1722 upon its reorganization as an entity separate from the control of the [[List of colonial governors of Pennsylvania|colonial governor]].<ref>{{cite web|url=http://www.scopareview.com/about/supreme-court-of-pennsylvania/|title=About the Supreme Court of Pennsylvania – SCOPA Review|access-date=7 July 2017}}</ref><ref>Rowe, G. S. (1994). Embattled bench: The Pennsylvania Supreme Court and the forging of a democratic society, 1684–1809. Newark: University of Delaware Press.</ref> It is the oldest [[appellate court]] in the [[United States]],<ref>{{cite web|url=http://www.pacourts.us/courts/supreme-court/|title=Supreme Court – Courts – Unified Judicial System of Pennsylvania|website=www.pacourts.us|access-date=7 July 2017}}</ref> a claim that is disputed by the [[Massachusetts Supreme Judicial Court]].<ref>{{cite web|url=http://www.mass.gov/courts/court-info/sjc/about/|title=About the Supreme Judicial Court|last=sjc|date=17 July 2013|website=Court System|access-date=7 July 2017}}</ref>

The Supreme Court of Pennsylvania maintains a [[Discretionary review|discretionary docket]], meaning that the Court may choose which cases it accepts, with the exception of mandatory [[Capital punishment in Pennsylvania|death penalty]] appeals, and certain appeals from the original jurisdiction of the [[Commonwealth Court of Pennsylvania|Commonwealth Court]].<ref>''See generally,'' Pa.R.A.P. 1112</ref> This discretion allows the Court to wield powerful influence on the formation and interpretation of Pennsylvania law.

==History==
[[File:Writ 1702.jpg|thumb|A [[writ]] signed in 1702 by then Provincial Court of Pennsylvania chief justice [[John Guest (judge)|John Guest]]]]
[[File:Pennsylvania Supreme Court - Independence Hall.png|thumb|right|The original chambers of the Supreme Court of Pennsylvania in [[Independence Hall]]]]
The original Pennsylvania Constitution, drafted by [[William Penn]], established a [[Province of Pennsylvania|Provincial Court]] under the control of his [[British colonization of the Americas|British]] governors. The [[Pennsylvania Provincial Assembly|Provincial 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. Until 1776, legislation and judicial decisions in Pennsylvania, as in various American colonies, were subject to review by the [[Privy Council of the United Kingdom]] in London.

Between 1780 and 1808, a [[Pennsylvania High Court of Errors and Appeals]] existed, which was the court of last resort in Pennsylvania. After that court's dissolution in 1808, the commonwealth's Supreme Court became, and remains, the court of last resort in the Pennsylvania judiciary.

The Supreme Court of Pennsylvania predates the [[Supreme Court of the United States|United States Supreme Court]] by more than 100 years. Interpreting the [[Pennsylvania Constitution]], it was one of the first appellate courts in the United States to claim the power to declare laws made by an elected legislative body unconstitutional (''Respublica v. Duquet'', [https://cite.case.law/yeates/2/493 2 Yeates 493 (1799)]).

==Composition and rules==
[[File:Pennsylvania State Capitol Supreme Court.jpg|thumb|Justices' seats in the Pennsylvania Supreme Court's chambers in the [[Pennsylvania State Capitol]] in [[Harrisburg, Pennsylvania|Harrisburg]]]]
The Supreme Court of Pennsylvania meets in three cities: [[Harrisburg, Pennsylvania|Harrisburg]], [[Philadelphia]], and [[Pittsburgh]].

The Court consists of seven [[Judge|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 Court automatically becomes [[chief justice]]. Justices must step down from the Supreme Court when they reach the age of 75 (at the end of the calendar year), but they may continue to serve part-time as "senior justices" on panels of the commonwealth's lower appellate courts until they reach 78, the age of mandatory retirement.<ref>{{cite web |url=http://www.pacourts.us/Links/Public/JudicialQualifications.htm |title=Judicial Qualifications, Election, Tenure and Vacancies |publisher=The Unified Judicial System of Pennsylvania }}</ref>

Prior to 2002, judicial candidates in Pennsylvania were prohibited from expressing their views on disputed legal or political issues. However, after a similar law in Minnesota was struck down as unconstitutional (''[[Republican Party of Minnesota v. White]]''), 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))<ref>{{cite web |url=http://www.pacode.com/secure/data/207/chapter33/chap33toc.html |title=Pennsylvania Code |publisher=pacode.com }}</ref>

After the ten-year term expires, a statewide yes or no vote for retention is conducted. A judge who is retained serves another ten-year term. If the judge is not retained, the governor, subject to the approval of the [[Pennsylvania State Senate|State Senate]], appoints a temporary replacement until a special election can be held. As of 2005, only one judge has failed to win retention. After the [[2005 Pennsylvania General Assembly pay raise controversy]], Justice [[Russell M. Nigro]] received a majority of no votes in the election of 2005.<ref>{{cite web |title=Pennsylvania Ousts Supreme Court Justice |url=https://www.nytimes.com/2005/11/10/us/pennsylvania-ousts-supreme-court-justice.html |website=nytimes.com |publisher=The New York Times |access-date=3 June 2024 |archive-url=https://web.archive.org/web/20231219005215/https://www.nytimes.com/2005/11/10/us/pennsylvania-ousts-supreme-court-justice.html |archive-date=19 December 2023 |date=10 November 2005 |url-status=live}}</ref> He was replaced by Justice [[Cynthia Baldwin]], who was appointed by governor [[Ed Rendell]] in 2005.

Only one Supreme Court justice, [[Rolf Larsen]], has been removed from office by [[Impeachment in the United States|impeachment]]. In 1994, the State House handed down [[Article of impeachment|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.

Under the 1874 Constitution and 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.<ref>{{Cite news|url=https://ballotpedia.org/Pennsylvania_Supreme_Court|title=Pennsylvania Supreme Court - Ballotpedia|work=Ballotpedia|access-date=2018-10-29|language=en-US}}</ref>

==Justices==
{{main|List of justices of the Supreme Court of Pennsylvania}}
The Supreme Court of Pennsylvania consists of seven members who are elected to ten-year terms as justices.

===Current members===
{|class="wikitable sortable"
|-
!Name<ref>{{cite web |title=Supreme Court Justices |url=https://www.pacourts.us/courts/supreme-court/supreme-court-justices |website=Unified Judicial System of Pennsylvania}}</ref>
!Born
!Start
!Term ends
!Mandatory retirement{{efn|Justices must retire by the last day (December 31) of the calendar year in which they reach the age of 75.<ref>{{cite web |title=Constitution of Pennsylvania - Article V §16 |url=https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/00/00.HTM}}</ref>}}
!Party
!Appointer
!Law school
|-
|{{sortname|Debra|Todd}}, ''Chief Justice''
|{{birth date and age|1957|10|15}}
|{{dts|2008|1|7}}{{efn|Justice Todd became the chief justice on November 1, 2022 due to the death of the previous chief justice, Max Baer.}}
|2027
|2032
|{{Party shading/Democratic}} |[[Democratic Party (United States)|Democratic]]
|{{N/A}}{{efn|name=Elect|Took office after being elected in a partisan election.}}
|[[University of Pittsburgh School of Law|Pittsburgh]]
|-
|{{sortname|Christine|Donohue}}
|{{birth date and age|1952|12|24}}
|{{dts|2016|1|4}}
|2035
|2027
|{{Party shading/Democratic}} |[[Democratic Party (United States)|Democratic]]
|{{N/A}}{{efn|name=Elect}}
|[[Thomas R. Kline School of Law of Duquesne University|Duquesne]]
|-
|{{sortname|Kevin|Dougherty}}
|{{birth date and age|1962|5|19}}
|{{dts|2016|1|4}}
|2035
|2037
|{{Party shading/Democratic}} |[[Democratic Party (United States)|Democratic]]
|{{N/A}}{{efn|name=Elect}}
|[[Antioch School of Law|Antioch]]
|-
|{{sortname|David|Wecht}}
|{{birth date and age|1962|5|20}}
|{{dts|2016|1|4}}
|2035
|2037
|{{Party shading/Democratic}} |[[Democratic Party (United States)|Democratic]]
|{{N/A}}{{efn|name=Elect}}
|[[Yale Law School|Yale]]
|-
|{{sortname|Sallie Updyke|Mundy}}
|{{birth date and age|1962|6|29}}
|{{dts|2016|7|21}}
|2027
|2037
|{{Party shading/Republican}} |[[Republican Party (United States)|Republican]]
|{{Party shading/Democratic}} |[[Tom Wolf]] (D)
|[[University of Pittsburgh School of Law|Pittsburgh]]
|-
|{{sortname|Kevin|Brobson}}
|{{birth date and age|1970|11|26}}
|{{dts|2022|1|3}}
|2031
|2045
|{{Party shading/Republican}} |[[Republican Party (United States)|Republican]]
|{{N/A}}{{efn|name=Elect}}
|[[Widener University Commonwealth Law School|Widener (PA)]]
|-
|{{sortname|Daniel|McCaffery}}
|{{birth date and age|1964|7|20}}
|{{dts|2024|1|2}}
|2033
|2039
|{{Party shading/Democratic}} |[[Democratic Party (United States)|Democratic]]
|{{N/A}}{{efn|name=Elect}}
|[[Temple University Beasley School of Law|Temple]]
|}

{{notelist}}

==Notable cases==
*''[[Eakin v. Raub]]'' (1825), in which the Court held that it has the authority of [[judicial review]] over state laws if they contradict the [[Pennsylvania Constitution|state Constitution]].
*''Commonwealth v. Mimms'' (1975), in which the Court held that the unlawful possession charges as well as the relevant convictions and sentences against Harry Mimms over his illicit possession and concealed carry of an unlicensed firearm must be [[vacated judgment|vacated]] and his case should be [[Remand (court procedure)|remanded]] for a new trial with the [[suppression of evidence]] due to violations of his [[Fourth Amendment to the United States Constitution|Fourth Amendment]] rights; overturned by the [[Supreme Court of the United States]] in ''[[Pennsylvania v. Mimms]]'', 434 U.S. 106 (1977).<ref>''Pennsylvania v. Mimms'', 471 Pa. 546, [https://www.casemine.com/judgement/us/5914c5e5add7b049347d7400] (March 31, 1975)</ref>
*''[[League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania|League of Women Voters of Pennsylvania v. Commonwealth]]'' (2018), in which the Court held that the 2011 congressional map by the [[Pennsylvania General Assembly|state's legislature]] constituted an illegal, partisan [[Gerrymandering|gerrymander]] and consequently ordered the [[Pennsylvania's congressional districts|congressional map]] to be redrawn.<ref>''League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania'', No. 159 MM 2018, [https://www.pacourts.us/Storage/media/pdfs/20211214/194537-feb.19,2018-opinionandorderadoptingremedialplan.pdf] (PA February 19, 2018)</ref>
*''Commonwealth v. Williams'' (2014), in which the Court held that the stay of execution against [[Terry Williams (murderer)|Terrence "Terry" Williams]] is overturned despite the lack of recusal on the part of then chief justice of the Supreme Court of Pennsylvania [[Ronald D. Castille]] for his prosecution of Williams as a former [[District Attorney of Philadelphia|district attorney of Philadelphia]]; overturned by the Supreme Court of the United States in ''[[Williams v. Pennsylvania]]'', 579 U.S. 1 (2016).<ref>''Pennsylvania v. Williams'', 105 A.3d 1234 (Pa. 2014), [https://web.archive.org/web/20221223155253/https://casetext.com/case/commonwealth-v-williams-753] (PA December 15, 2014)</ref><ref>''[[Williams v. Pennsylvania]]'', No. 15–5040, [https://supreme.justia.com/cases/federal/us/579/15-5040/case.pdf] (US June 9, 2016)</ref>
*''Commonwealth v. Davis'' (2019), in which the Court held that the [[Fifth Amendment to the United States Constitution|Fifth Amendment]] to the [[Constitution of the United States|Constitution of the United States of America]] protects individuals from forcibly relinquishing the passwords of their digital accounts to law enforcement.<ref>''Pennsylvania v. Davis'', No. 56-2018, [https://www.pacourts.us/assets/opinions/Supreme/out/J-42-2019mo%20-%2010422940787775633.pdf?cb=1] (PA November 29, 2019)</ref><ref>{{cite web |url=https://www.eff.org/deeplinks/2019/11/victory-pennsylvania-supreme-court-rules-police-cant-force-you-tell-them-your |title=Victory: Pennsylvania Supreme Court Rules Police Can't Force You to Tell Them Your Password |website=Eff |first=Andrew |last=Crocker |date=November 20, 2019}}</ref>
*''Commonwealth v. Cosby'' (2021), in which the Court held that the sexual assault charges as well as the relevant convictions and sentences against disgraced celebrity [[Bill Cosby]] over his [[rape]] of Andrea Constand must be [[vacated judgment|vacated]], he must be discharged from [[prison]], and any future litigation over such [[crime]] must be barred due to violations of his [[Due Process Clause|due process rights]].<ref>''Pennsylvania v. Cosby'', No. 39-2020, [https://www.pacourts.us/assets/opinions/Supreme/out/J-100-2020mo%20-%20104821740139246918.pdf] (PA June 30, 2021)</ref><ref>{{cite web |url=https://www.nytimes.com/interactive/2021/06/30/arts/television/bill-cosby-court-opinion.html |title=Bill Cosby's Conviction Is Overturned: Read the Court's Opinion |website=The New York Times |date=June 30, 2021 |access-date=2022-10-28}}</ref>
*''Commonwealth v. Barr II'' (2021), in which the Court held that warrantless searches are unjustified if they are predicated upon the odor of cannabis alone.<ref>''Pennsylvania v. Bar II'', No. 28-2021, [https://www.pacourts.us/assets/opinions/Supreme/out/J-70-2021mo%20-%20104999017155668065.pdf?cb=1] (PA December 29, 2021)</ref><ref>{{cite web |url=https://www.pghcitypaper.com/pittsburgh/pa-supreme-court-says-warrantless-searches-not-justified-by-cannabis-smell-alone/Content?oid=20837777 |title=Pa. Supreme Court says warrantless searches not justified by cannabis smell alone |website=Pittsburgh City Paper |first=Ryan |last=Deto |date=December 30, 2021}}</ref>
*''Always Busy Consulting, LLC v. Babford & Co.'' (2021), in which the Court held that the Superior Court's quashing of an appeal had "improperly elevated form over substance."
*''Commonwealth v. Berry'', 323 A.3d 641 (2024), in which the Court held that "mere arrests and indictments, without convictions . . . have no value as probative matter."
*''Commonwealth v. Williams'', 331 A.3d 556 (2025) (not to be confused with ''Commonwealth v. Williams'' (2014)). "In this case the commonwealth charged a police detective with multiple criminal offenses related to his alleged abuse of his position. Specifically, the commonwealth alleged the detective assisted his cousin in stalking a woman and subsequently attempted to coverup his misconduct. But the lower courts — including the preliminary hearing court, the court of common pleas, a three-judge panel of the Superior Court, and the Superior Court en banc — concluded the commonwealth failed to produce ''prima facie'' evidence to support any of the charges against the detective and so dismissed the case. We granted allowance of appeal to consider whether this legal conclusion, which was grounded in part on the lower courts' interpretation of the relevant criminal statutes, was correct. We hold it was not. Accordingly, we reverse the order of the Superior Court and remand for further proceedings."
*''Sitler v. Jones'', 334 A.3d 861 (2025), in which the Court held that "an irrebuttable presumption of paternity rests on outdated assumptions".

==See also==
{{portal|Pennsylvania}}
*[[State supreme court]]
*[[King's Bench jurisdiction]]
*[[Superior Court of Pennsylvania]]
*[[Commonwealth Court of Pennsylvania]]
*[[List of state and county courthouses in Pennsylvania]]
*''[[Marbury v. Madison]]''
*''[[Andrea Constand v. William H. Cosby, Jr.]]''

==References==
{{reflist}}

==External links==
{{Commons}}
*[https://www.pacourts.us/courts/supreme-court Supreme Court of Pennsylvania]

{{US Judiciaries}}
{{Portal bar|Law}}
{{Authority control}}

{{Coord|40|15|52|N|76|53|0|W|region:US-PA_type:landmark|display=title}}

{{DEFAULTSORT:Supreme Court Of Pennsylvania}}
[[Category:Supreme Court of Pennsylvania| ]]
[[Category:Pennsylvania State Capitol Complex]]
[[Category:1722 establishments in Pennsylvania]]
[[Category:State supreme courts of the United States|Pennsylvania]]
[[Category:1684 establishments in Pennsylvania]]
[[Category:Courts and tribunals established in 1684]]
[[Category:Courts and tribunals established in 1722]]