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28-735: The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania 's Unified Judicial System . It also claims to be the oldest appellate court in the United States , a claim that is disputed by the Massachusetts Supreme Judicial Court . The Supreme Court of Pennsylvania 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

56-620: 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. Until 1776, legislation and judicial decisions in Pennsylvania, as in various American colonies, were subject to review by

84-524: A constitution of its own adoption and whose right of self-government will not be unilaterally withdrawn by the United States Congress . On September 28, 1786, the residents of Kentucky County began petitioning the Virginia legislature for permission to become a "free and independent state, to be known by the name of the Commonwealth of Kentucky". On June 1, 1792, Kentucky County officially became

112-534: A majority of no votes in the election of 2005. He 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

140-508: A reduction in the size of the legislature. The legislature repealed the pay raise after four months by a 50–0 vote in the Senate and 197–1 vote in the House. The first victim of the public uproar was Supreme Court Justice Russell M. Nigro , who became the first Pennsylvania Supreme Court justice to be denied retention. Nigro asserted that he had not taken part in the pay raise. However, critics noted that Chief Justice Ralph Cappy helped draft

168-470: 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)) After

196-538: A state. Like Virginia , the official title of the elected local prosecutor in each of Kentucky 's political subdivisions is the Commonwealth's Attorney, as opposed to State's Attorney in other states or the more standard District Attorney. Kentucky is the only state outside of the original Thirteen Colonies that uses commonwealth in its name. Massachusetts is officially named The Commonwealth of Massachusetts by its constitution . The name State of Massachusetts Bay

224-460: Is a term used by four of the 50 states of the United States in their full official state names: Kentucky , Massachusetts , Pennsylvania , and Virginia . " Commonwealth " is a traditional English term used to describe a political community as having been founded for the common good , and shares some similarities with the Latin phrase " res publica " ('the public thing') from which ultimately

252-539: Is derived the word republic . The four states are all in the Eastern United States , and prior to the formation of the United States in 1776 were British colonial possessions , although Kentucky did not exist as an independent polity under British rule, instead being a part of colonial Virginia . As such, they share a strong influence of English common law in some of their laws and institutions. However,

280-559: Is known as Virginia Commonwealth University ; there is also a Virginia State University , located in Ettrick . 2005 Pennsylvania General Assembly pay raise controversy The pay raise included a provision allowing legislators to take their raises immediately in the form of "unvouchered expenses." This provision was included due to the Pennsylvania Constitution 's clause prohibiting legislators from taking salary increases in

308-732: Is the Commonwealth's Attorney , as opposed to State's Attorney in other states or the more standard District Attorney . In Virginia, the term state is sometimes used in an official manner, usually in a compound structure rather than as a standalone noun. This is evident in the names of the Virginia State Corporation Commission , the Virginia State Police , and the Virginia Polytechnic Institute and State University . The state university in Richmond

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336-619: The Massachusetts State Police , the Massachusetts State House , and the Bridgewater State Hospital . The Seal of Pennsylvania does not use the term, but legal processes are in the name of the Commonwealth, and it is a traditional official designation used in referring to the state. In 1776, Pennsylvania 's first state constitution referred to it as both Commonwealth and State , a pattern of usage that

364-488: 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 , 2 Yeates 493 (1799) ). The court meets in three cities: Philadelphia , Pittsburgh , and Harrisburg . 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

392-686: 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 United States Supreme Court by more than 100 years. Interpreting

420-592: The common good , it is used symbolically to emphasize that these states have a "government based on the common consent of the people" as opposed to the British crown . It refers to the common "wealth", or welfare, of the public and is derived from a loose translation of the Latin term res publica . Premodern English used the alternative term "commonwealth" in such sense in place of the now singularly standard term "republic." Criminal charges in these four states are brought in

448-405: The "commonwealth" appellation has no legal or political significance, and it does not make "commonwealth" states any different from other U.S. states. The term commonwealth does not describe or provide for any specific political status or legal relationship when used by a state. Those that do use it are equal to those that do not. A traditional English term for a political community founded for

476-455: The 2006 primary election over the pay raise issue, was one of many legislators who were paying back their unvouchered expenses in installments. After pleading guilty to two counts of conflict of interest for hiring relatives as "ghost employees," he stopped repayment and was even refunded the amount that he had previously returned. In November 2009, Barbara McIlvaine Smith announced that she would not run for re-election in 2010, saying that she

504-503: The Governor with the Seal of the Commonwealth annexed." The Secretary of the Commonwealth still issues commissions in this manner. Among other references, the constitution furthermore dictated that criminal indictments were to conclude "against the peace and dignity of the Commonwealth". Additionally, the official title of the elected local prosecutor in each of Virginia's political subdivisions

532-450: The bill and that prior Court opinions upheld such practices. On November 16, 2005, Governor Rendell signed a repeal of the pay raise after a near-unanimous vote for repeal; only House Minority Whip Mike Veon voted against the repeal. Despite the repeal, a total of 17 legislators were defeated in the 2006 primary elections, including Senate President Pro Tempore Robert Jubelirer and Senate Majority Leader David J. Brightbill . They were

560-614: The control of the colonial governor . The Supreme Court of Pennsylvania maintains a discretionary docket , meaning that the Court may choose which cases it accepts, with the exception of mandatory death penalty appeals, and certain appeals from the original jurisdiction of the Commonwealth Court . This discretion allows the Court to wield powerful influence on the formation and interpretation of Pennsylvania law. The original Pennsylvania constitutions, drafted by William Penn , established

588-413: The first top-ranking Pennsylvania legislative leaders to lose a primary election since 1964. The November 2006 general election claimed several more members who supported the pay raise, including Republican representatives Gene McGill , Matt Wright , Tom Gannon and Matthew Good and Democrat Veon. The defeats were widely attributed to anger over the pay raise. Frank LaGrotta , who was defeated in

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616-572: 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. Prior to 2002, judicial candidates in Pennsylvania were prohibited from expressing their views on disputed legal or political issues. However, after

644-484: The name of the Commonwealth. Besides the four aforementioned states, other states have also on occasion used the term "commonwealth" to refer to themselves: Two U.S. territories are also designated as commonwealths : Puerto Rico and the Northern Mariana Islands . When used in connection with areas under U.S. sovereignty that are not states, the term broadly describes an area that is self-governing under

672-409: The same term as which they are passed. State courts have ruled similar legislation to be constitutional on three separate occasions. Outrage over the pay raise was picked up by several influential state blogs like Grassrootspa and PennPatriot Blog. Advocacy groups spawned several grass-roots movements, some geared toward voting out incumbents and some seeking support for a Constitutional Convention or

700-584: 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. The Supreme Court of Pennsylvania consists of seven members who are elected to ten-year terms as justices. 40°15′52″N 76°53′0″W  /  40.26444°N 76.88333°W  / 40.26444; -76.88333 Commonwealth (U.S. state) Commonwealth

728-513: 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 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

756-535: Was perpetuated in the constitutions of 1790, 1838, 1874, and 1968. One of Pennsylvania's two intermediate appellate courts is called the Commonwealth Court . The name Commonwealth of Virginia dates back to its independence from the Kingdom of Great Britain . Virginia's first constitution (adopted on June 29, 1776) directed that "Commissions and Grants shall run, In the Name of the commonwealth of Virginia, and bear test by

784-404: Was used in all acts and resolves up to 1780 and in the first draft of the constitution. The current name can be traced to the second draft of the state constitution, which was written by John Adams and ratified in 1780. In Massachusetts, the term State is occasionally used in an official manner, usually in a compound structure rather than as a standalone noun. This is evident in the names of

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