Unified Judicial System of Pennsylvania

The Unified Judicial System of Pennsylvania is the unified state court system of the Commonwealth of Pennsylvania.

Contents

Minor courts

The commonwealth consists of 67 counties. In every county except for Philadelphia County, there are Magisterial District Courts. These courts are inferior courts of limited jurisdiction. They handle landlord-tenant matters, small civil claims (cases involving amount in controversy up to $12000), summary offenses, violations of municipal ordinances, and preliminary hearings and arraignments in greater misdemeanor and felony offenses pursuant to Pennsylvania's Rules of Criminal Procedure. These cases go on to be tried in the Court of Common Pleas. In some counties, such as Chester County, Magisterial District Courts may issue emergency protection from abuse orders when the Domestic Relations or Court of Common Pleas is closed.

At a preliminary hearing in criminal matters, the Commonwealth must prove a prima facie case against the accused, in which the Commonwealth argues that (1) a crime was probably committed and (2) the accused probably committed the crime. Should the Commonwealth meet its burden, the Magisterial District Judge orders the case held for trial in the Court of Common Pleas; otherwise, the case is dismissed at the District Court level. The accused also has the option to waive his or her right to a preliminary hearing.

Magisterial District Courts divide up their jurisdiction by geographical location. Most such districts include several municipalities. Larger cities and municipalities may be divided seven of which are located within the City of Allentown.

Magisterial District Judges do not have to be lawyers; however, those who are not lawyers are required to complete a certification course prior to serving. The Magisterial District Courts are supervised by the President Judge of the Court of Common Pleas of that judicial district.

The only county that does not have a Magisterial District Court system is Philadelphia County, which has a Philadelphia County Municipal Court and a Philadelphia County Traffic Court instead. These courts hear similar matters to the Magisterial District Courts, but the jurisdictional limit is $10,000. The Philadelphia Municipal Court has jurisdiction over all misdemeanor criminal matters and presides over preliminary hearings in felony cases. The Philadelphia Traffic Court is a traffic court. Philadelphia Municipal Court judges must be lawyers, while the Philadelphia Traffic Court judges do not.

All persons have an unlimited right of appeal to from the minor courts to the Courts of Common Pleas.

Courts of Common Pleas

The Pennsylvania Courts of Common Pleas are the state trial courts of general jurisdiction. There are 60 judicial districts, 53 comprising one of Pennsylvania's 67 counties, and seven comprising two counties.

The Courts of Common Pleas hear civil cases with an amount in controversy in excess of $7,000 and trials for serious crimes. They have original jurisdiction over all cases not exclusively assigned to another court and appellate jurisdiction over judgments from the minor courts. They also hear appeals from certain state and most local government agencies.

The courts are established by Article V, Section 5 of the Pennsylvania Constitution: "There shall be one court of common pleas for each judicial district (a) having such divisions and consisting of such number of judges as shall be provided by law, one of whom shall be the president judge; and (b) having unlimited original jurisdiction in all cases except as may otherwise be provided by law."

Each district has from one to 93 judges. Judges of the Common Pleas courts are elected to 10-year terms. A president judge and a court administrator serve in each judicial district. In districts with seven or fewer judges, the president judge with the longest continuous service holds this position. In districts with eight or more judges, the president judge is elected to a five-year term by the court.

The Courts of Common Pleas also hear matters involving family law (cases involving adoption, divorce, child custody, abuse and neglect, and guardianships), juvenile delinquency, trusts and estates (such as probate), and charitable organizations.

Commonwealth Court and Superior Court

The intermediate appellate courts in Pennsylvania are the Commonwealth Court of Pennsylvania (for matters involving state agencies) and the Superior Court of Pennsylvania (for all other appeals).

State supreme court

The court of last resort in Pennsylvania is the Supreme Court of Pennsylvania, the state supreme court.

External links