Supreme Court of Pennsylvania

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[edit] 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.

[edit] Composition and rules

The domed roof of the Court

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

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. Justices, like other Pennsylvania judges, are subject to mandatory retirement when they turn 70 years old.

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 (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))^[1]

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 was replaced by Justice Cynthia Baldwin, who was appointed by Governor Rendell in 2005.

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.

Under the 1874 Constitution 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.^{[citation needed]}

[edit] Supreme Court Justices

Includes justices of the Provincial Court.

[edit] Chief Justices

• Capt. William Crispin, appointed Chief Justice by William Penn in 1684 but died at sea on the way to Philadelphia.
• Dr. Nicholas Moore, Chief Justice 1684
• William Clarke, 1684, Chief Justice 1703
• Arthur Cooke, 1685, Chief Justice 1686
• John Simcock, 1686, Chief Justice 1690
• Joseph Growden, 1690, Chief Justice 1707
• John Guest (jurist), Chief Justice 1701
• John Guest, 1704, Chief Justice 1705
• Roger Mempesson, Chief Justice 1706
• David Lloyd, Chief Justice 1717
• Jeremiah Langhorne, 1726, Chief Justice 1739
• James Logan, Chief Justice 1731
• William Allen, Chief Justice 1750
• Benjamin Chew, Chief Justice 1774
• Thomas McKean, appointed Chief Justice 1777, elected 1784 and 1791
• Edward Shippen (III), 1791, Chief Justice 1799
• William Bradford Jr., 1791
• William Tilghman, Chief Justice 1806
• John Bannister Gibson, 1816, Chief Justice 1838
• Jeremiah S. Black, Chief Justice 1851
• Ellis Lewis, 1851, Chief Justice 1855
• Walter H. Lowrie, 1851, Chief Justice 1857
• George W. Woodward, 1852, Chief Justice 1863
• James Thompson, 1857, Chief Justice 1867
• John M. Read, 1858, Chief Justice 1872
• Daniel Agnew, 1863, Chief Justice 1873
• George Sharswood, 1867, Chief Justice 1879
• Ulysses Mercur, 1872, Chief Justice 1883
• Isaac G. Gordon, 1873, Chief Justice 1887
• Edward M. Paxson, 1875, Chief Justice 1889
• James P. Sterrett, 1877, Chief Justice 1893
• Henry Green, 1879, Chief Justice 1900
• J. Brewster McCollum, 1888, Chief Justice 1900
• James T. Mitchell, 1888, Chief Justice 1903
• D. Newlin Fell, 1894, Chief Justice 1910
• J. Hay Brown, 1899, Chief Justice 1915
• Robert von Moschzisker, 1910, Chief Justice 1921
• Robert S. Frazer, 1915, Chief Justice 1930
• John W. Kephart, 1919, Chief Justice 1936
• William I. Schaffer, 1920, Chief Justice 1940
• George W. Maxey, 1930, Chief Justice 1943
• James B. Drew, 1931, Chief Justice 1950
• Horace Stern, 1936, Chief Justice 1952
• Charles Alvin Jones, 1945, Chief Justice 1956
• John C. Bell, 1950, Chief Justice 1961
• Benjamin R. Jones, 1957, Chief Justice 1972
• Michael J. Eagen, 1960, Chief Justice 1977
• Henry X. O'Brien, 1962, Chief Justice 1980
• Robert N. C. Nix, Jr., 1972, Chief Justice 1986
• John P. Flaherty Jr., 1979, Chief Justice 1996
• Samuel J. Roberts, Chief Justice 1983
• Ralph J. Cappy, 1990, Chief Justice 1998

[edit] Other justices

• Anthony Morris, 1694
• Edward Shippen, circa 1699
• Caleb Pusey, 1701
• William Trent, 1704
• Richard Hill, 1711
• Thomas Griffitts, 1739
• Thomas Willing, 1767
• John Morton, 1774
• William Augustus Atlee, 1777
• John Evans, 1777
• George Bryan, 1787
• William Bradford Jr., 1791
• Thomas Smith, 1794
• Hugh Henry Brackenridge, 1800
• John Tod, 1827
• Frederick Smith, 1828
• John Ross, 1830
• Thomas Burnside, 1845
• Richard Coulter, appointed 1846, elected 1847
• George Chambers, 1851
• John C. Knox, 1853
• James Armstrong, 1857
• William Strong, 1857
• Michael A. Musmanno, 1952
• Herbert B. Cohen, 1957
• Rolf Larsen, 1978 (impeached and removed from office, 1994)
• Russell M. Nigro, 1996 (defeated for retention, 2005)
• Cynthia A. Baldwin, (appointed by Governor Rendell, 2006)
• James J. Fitzgerald III, (appointed by Governor Rendell, 2007)

[edit] Current members

[edit] References

1. ^ Pennsylvania Code

[edit] See also

• Commonwealth Court of Pennsylvania
• Superior Court of Pennsylvania

[edit] External links

• Pennsylvania Unified Court System page on the Supreme Court

• Supreme Court of Pennsylvania is at coordinates 40°15′51″N 76°53′01″W / 40.264260, -76.883578 (Supreme Court of Pennsylvania)Coordinates: 40°15′51″N 76°53′01″W / 40.264260, -76.883578 (Supreme Court of Pennsylvania)