Help us improve in just 2 minutes—share your thoughts in our reader survey.
Judicial selection in Pennsylvania
| Judicial selection in Pennsylvania | |
 | |
| Pennsylvania Supreme Court | |
| Method: | Partisan election |
| Term: | 10 years |
| Pennsylvania Superior Court | |
| Method: | Partisan election |
| Term: | 10 years |
| Pennsylvania Commonwealth Court | |
| Method: | Partisan election |
| Term: | 10 years |
| Pennsylvania Court of Common Pleas | |
| Method: | Partisan election |
| Term: | 10 years |
| Pennsylvania Magisterial Districts | |
| Method: | Partisan election |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Pennsylvania, including:
- Pennsylvania Supreme Court,
- Pennsylvania Superior Court,
- Pennsylvania Commonwealth Court, and
- Limited jurisdiction courts
As of April 2025, the selection of state court judges in Pennsylvania occurred through partisan elections.[1] According to the Pennsylvania Constitution, judges' terms begin and end on the first Monday in January following their election.[2]
Click here to notify us of changes to judicial selection methods in this state.
Pennsylvania Supreme Court
- See also: Pennsylvania Supreme Court
The seven justices of the Pennsylvania Supreme Court are selected in partisan elections.[3]
Justices serve 10-year terms, after which they must run in yes-no retention elections if they wish to remain on the court. A separate part of the ballot is designated for these elections, and justices' names appear without respect to party affiliation.[3][4] To learn more about these elections, visit the Pennsylvania judicial elections page.
Qualifications
To serve on the supreme court, a justice must:
- have state residence for at least one year;
- be a member of the state bar; and
- be under the age of 75.[3][5]
Chief justice
The Pennsylvania Supreme Court chooses its chief justice by seniority; the title is held by the longest-serving justice on the court.[3][6]
Vacancies
In the event of a midterm vacancy, the governor appoints a successor who must be approved by a two-thirds vote of the Pennsylvania Senate. Interim justices stand for election at the next municipal election occurring more than 10 months after the vacancy occurred.[3]
By tradition, appointed interim judges of the supreme court, superior court, or court of appeals do not go on to run for permanent seats. In other words, the governor appoints these judges with the expectation that the judge will only fill the interim vacancy.[3]
The map below highlights how vacancies are filled in state supreme courts across the country.
Pennsylvania Superior Court
- See also: Pennsylvania Superior Court
The 15 judges of the Pennsylvania Superior Court are selected in partisan elections.[3]
Judges serve 10-year terms, after which they must run in yes-no retention elections if they wish to remain on the court. A separate part of the ballot is designated for these elections, and judges' names appear without respect to party affiliation.[3][4] To learn more about these elections, visit the Pennsylvania judicial elections page.
Qualifications
To serve on the Pennsylvania Superior Court, a judge must:
- have state residence for at least one year;
- be a member of the state bar; and
- be under the age of 75.[3][5]
President judge
The Pennsylvania Superior Court selects its president judge by peer vote. The president serves in that capacity for five years.[3][6]
Vacancies
In the event of a midterm vacancy, the governor appoints a successor who must be approved by a two-thirds vote of the Pennsylvania Senate. Interim judges stand for election at the next municipal election occurring more than 10 months after the vacancy occurred.[3]
By tradition, appointed interim judges of the supreme court, superior court, or court of appeals do not go on to run for permanent seats. In other words, the governor appoints these judges with the expectation that the judge will only fill the interim vacancy.[3]
Pennsylvania Commonwealth Court
- See also: Pennsylvania Commonwealth Court
The nine judges of the Pennsylvania Commonwealth Court are selected in partisan elections.[3]
Judges serve 10-year terms, after which they must run in yes-no retention elections if they wish to remain on the court. A separate part of the ballot is designated for these elections, and judges' names appear without respect to party affiliation.[3][4] To learn more about these elections, visit the Pennsylvania judicial elections page.
Qualifications
To serve on the Pennsylvania Commonwealth Court a judge must:
- have state residence for at least one year;
- be a member of the state bar; and
- be under the age of 75.[3][5]
President judge
The Pennsylvania Commonwealth Court selects its president judge by peer vote. The president serves in that capacity for five years.[3][6]
Vacancies
In the event of a midterm vacancy, the governor appoints a successor who must be approved by a two-thirds vote of the Pennsylvania Senate. Interim judges stand for election at the next municipal election occurring more than 10 months after the vacancy occurred.[3]
By tradition, appointed interim judges of the supreme court, superior court, or court of appeals do not go on to run for permanent seats. In other words, the governor appoints these judges with the expectation that the judge will only fill the interim vacancy.[3]
Pennsylvania Court of Common Pleas
- See also: Pennsylvania Court of Common Pleas
Judges on the Pennsylvania Court of Common Pleas are selected in partisan elections.[3] Elected judges serve 10-year terms, after which they must run in yes-no retention elections if they wish to remain on the court. A separate part of the ballot is designated for these elections, and judges' names appear without respect to party affiliation.[3][4] To qualify to serve on the Pennsylvania Court of Common Please, a judge must:
- have state residence for at least one year;
- be a district resident for at least one year;
- be a member of the state bar; and
- be under the age of 75.[3][5]
Limited jurisdiction courts
Pennsylvania has three types of limited jurisdiction courts: Pennsylvania Magisterial Districts, Philadelphia Municipal Court, and Pittsburgh Municipal Court.
Pennsylvania Magisterial Districts
Judges of the Pennsylvania Magisterial Districts are selected in partisan elections. They serve six-year terms. Magistrates do not participate in retention elections but may be re-elected to new terms in contested races.[1][7]
To qualify to serve on a Pennsylvania Magisterial District Court, a judge must be:
- a local resident for at least one year;
- a state bar member;*
- no younger than 21; and
- no older than 75.[7]
*Traffic judges and magisterial district judges may alternatively pass a training course as a substitute for the bar member requirement.[7]
Philadelphia Municipal Court
- See also: Philadelphia Municipal Court
The Philadelphia Municipal Court is a minor court in Pennsylvania that deals with municipal matters. Judges of this court are selected in partisan elections. Elected judges serve six-year terms, after which they must run in yes-no retention elections if they wish to remain on the court.[8]
Pittsburgh Municipal Court
- See also: Pittsburgh Municipal Court
The Pittsburgh Municipal Court is a minor court in Pennsylvania that deals with municipal matters. This court is staffed by magisterial district judges.[9]
History
Below is a timeline noting changes to judicial selection methods in Pennsylvania.
- 2016: A constitutional amendment was approved by voters increasing the state's mandatory judicial retirement age from 70 to 75.[10]
- 1968: A constitutional amendment brought multiple changes, establishing that:
- Judges would be chosen in partisan elections and retained in yes-no retention elections.
- Voters would be authorized to consider in the 1969 primary election whether judges should be instead chosen by merit selection.
- The Pennsylvania Commonwealth Court would be created.
- 1964: Governor Scranton used a form of nominating commission when selecting interim judges to fill vacancies, and became the first governor to do so.
- 1921: The Act of 1913 was repealed, making appellate judicial elections partisan again.
- 1913: Appellate judicial elections were changed from partisan to nonpartisan. Candidates were barred from associating themselves with a political party within their campaign materials or on the ballot.
- 1895: The Pennsylvania Superior Court was created.
- 1874: Various changes were instated:
- All judges would be elected by popular vote.
- Supreme court justices' term length was increased to 21 years (with justices not eligible for re-election).
- All other judges' terms would be increased to 10 years.
- Two-thirds state Senate approval would be required for interim appointments.
- 1850: Through the constitutional amendment, partisan elections were adopted for all judges. Vacancies were to be filled by gubernatorial appointment until the next election.
- 1838: Various changes were instated:
- All judges were to be appointed by the governor with Senate consent.
- Supreme court justices' terms were changed to 15 years and court of common pleas judges to five years (except presiding judges, who would serve for 10 years).
- 1790: All judges were appointed for life by the governor.
- 1776: Under the state's original constitution, all judges were appointed to seven-year terms by an executive council. The council's 12 members were elected by voters of the state's 12 counties.[11]
Courts in Pennsylvania
In Pennsylvania, there are three federal district courts, state supreme court, a superior court, a commonwealth court, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Pennsylvania's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[12]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[13] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.0 1.1 Pennsylvania Courts, "How Judges Are Elected," accessed July 22, 2015
- ↑ State of Pennsylvania, "Pennsylvania Constitution: Section 13: Election of Justices, Judges and Justices of the Peace; Vacancies," accessed August 30, 2021
- ↑ 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 American Judicature Society, "Methods of Judicial Selection: Pennsylvania," archived October 3, 2014
- ↑ 4.0 4.1 4.2 4.3 The Unified Judicial System of Pennsylvania, "In Re: Nomination Papers of Marakay Rogers, Christina Valente and Carl J. Romanelli," November 7, 2006
- ↑ 5.0 5.1 5.2 5.3 2018 Pennsylvania Consolidated Statutes, "Title 42, Chapter 33, Section 3351," accessed August 25, 2020
- ↑ 6.0 6.1 6.2 The Pennsylvania Code, "Chapter 7. Assignment of Judges," accessed September 3, 2014
- ↑ 7.0 7.1 7.2 American Judicature Society, "Methods of Judicial Selection: Pennsylvania; Limited Jurisdiction Courts," archived October 3, 2014
- ↑ Pennsylvania General Assembly, "The Constitution of Pennsylvania," accessed April 14, 2025
- ↑ Fulton County Pennsylvania, "Magisterial District Judges," accessed April 14, 2025
- ↑ Pennsylvania Legislature, "House Bill 90," accessed February 11, 2015
- ↑ American Judicature Society, "History of Reform Efforts: Pennsylvania," archived October 3, 2014
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Third Circuit Court of Appeals • U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania • U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania
State courts:
Supreme Court of Pennsylvania • Pennsylvania Superior Court • Pennsylvania Commonwealth Court • Pennsylvania Court of Common Pleas • Pennsylvania Magisterial Districts
State resources:
Courts in Pennsylvania • Pennsylvania judicial elections • Judicial selection in Pennsylvania
