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Superior Court of Pennsylvania

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Superior Court of Pennsylvania
JurisdictionPennsylvania, United States except those cases which involve decisions of governmental agencies; public sector legal questions; actions to which the Commonwealth is a party other than criminal cases; or actions to which a not-for-profit, private corporation is a party, all of which are appealed instead to the Commonwealth Court.
LocationHarrisburg (headquarters)
Philadelphia
Pittsburgh
Composition methodStatewide partisan election with possible retention at term expiration. Vacancies are filled via appointment by the Governor.
Authorized byPenn. Const. Art. V § 3
42 Pa. Cons. Stat. § 541-44
Appeals toSupreme Court of Pennsylvania
Appeals fromCourt of Common Pleas
Judge term length10 years
Number of positions15
WebsitePennsylvania Courts
President Judge
CurrentlyAnne Lazarus
SinceJanuary 7, 2024[1]

The Superior Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts (the other being the Commonwealth Court of Pennsylvania). It is based in Harrisburg.

Jurisdiction

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The Superior Court hears appeals in criminal and most civil cases from the Courts of Common Pleas and on matters involving children and families.[2] Most appeals are decided on the submission of briefs only. However, when the parties request oral argument, those sessions are usually heard by panels of three judges sitting in Philadelphia, Harrisburg, or Pittsburgh, but the court also hears some appeals "en banc," i.e., with nine judges.[2] Sometimes, special argument panels sit in other counties around the Commonwealth. Although different panels of three judges may sit to hear appeals, there is only one Superior Court (that is, Pennsylvania is not divided into appellate territories).

Appeals to the Superior Court

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Appeals to the Superior Court of Pennsylvania are governed by the Pennsylvania Rules of Appellate Procedure (Pa.R.A.P.).[3]

There are, generally speaking, three kinds of orders from which appeals may be taken to the Superior Court from Pennsylvania's lower courts:[4] final orders (Pa.R.A.P. 341), collateral orders (Pa.R.A.P. 313), and interlocutory appeals as of right (Pa.R.A.P. 311). If the Superior Court questions the appealability of an order from which an appeal has been taken, they will direct the Appellant to "show cause" within ten days why the appeal should not be quashed.

Appeals to the Superior Court are initiated by filing a Notice of Appeal in the trial court.[5] It's important to note that issues not raised in the trial court cannot be raised for the first time on appeal. Green v. Green, 69 A.3d 282, 287 (Pa. Super. 2013). Once the trial court receives the Notice of Appeal, they are tasked with writing an Opinion in support of the order from which the appeal has been taken,[6] directing the court's Prothonotary to transmit what is known as the "Original Record" (a chronological omnibus of all filings entered on the docket from the initiation of the case to the present; "[i]t is black letter law in this jurisdiction that an appellate court cannot consider anything which is not part of the record in the case." Commonwealth v. Martz, 926 A.2d 514, 524 (Pa. Super. 2007)) along with the trial court's opinion, to the Prothonotary of the Superior Court, and directing the Appellant to file a "Concise Statement of Matters Complained of on Appeal", if they have not done so already.

Once the Superior Court's Prothonotary receives the original record and trial court opinion, a briefing schedule is issued to the parties.[7]

Opinions

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The Superior Court of Pennsylvania is highly prolific, publishing on average between 10-25 precedential rulings each week[8] (unpublished rulings which do not generate new precedent are referred to as "non-precedential memoranda"). The Superior Court is known for writing their opinions in Verdana, and preferring that submissions by the parties be written in this font as well.[9] The Superior Court is also known for correcting punctuation, capitalization, and grammar when quoting from the opinions of lower courts, setting a high standard for courts throughout Pennsylvania, and displaying the Superior Court's close attention to even the smallest details of the cases before them.

Controversy

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In 2013, former Pennsylvania Supreme Court Justice Joan Orie Melvin was convicted of misusing her Superior Court staff, during the time she served as a Superior Court Judge from 1998 to 2010, to aid in her campaign to the Pennsylvania Supreme Court (first in her failed campaign in 2003, and then again during her successful campaign in 2009). Orie Melvin was sentenced to three years house arrest (with the exception that she could leave her house to attend church and work in a soup kitchen) and two years of probation.[10] Judge Lester G. Nauhaus also ordered Orie Melvin to send a note of apology, written on a photograph of herself in handcuffs, to every judge in the state (over 500) as well as apology letters to her staff, and to pay $55,000 in fines and court costs.[11] In 2020, Judge Paul B. Matey of the U.S. Court of Appeals for the 3rd Circuit affirmed her conviction, writing that Orie Melvin “was prosecuted for misusing tax dollars for private benefit", and that she had "required [Superior Court] employees – during the workday and using public resources – to write letters to Republican Party officials, draft political speeches, fill out political questionnaires, prepare campaign fundraising and expense reports and write thank you notes to campaign donors."[12]

Judges

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Superior Court judges are elected in statewide elections. The term of a Superior Court Judge is 10 years. After serving 10 years, judges may hold their seats if they win a retention vote. Voters have the right to retain or reject (vote out of office) Superior Court judges in Pennsylvania. Superior Court judges must retire from active service at the age of 75. They may serve as Senior Judges though, as approved by the Pennsylvania Supreme Court.

Name[13] Born Start[14] Term Ends Mandatory Retirement[a] Party Law School
Anne Lazarus, President Judge (1952-11-12) November 12, 1952 (age 73) January 4, 2010[b] 2029 2027 Democratic Temple
Mary Jane Bowes (1954-07-18) July 18, 1954 (age 71) January 7, 2002 2031 2029 Republican Pittsburgh
Jack Panella (1955-05-04) May 4, 1955 (age 71) January 5, 2004 2033 2030 Democratic Columbus
Judith Olson (1957-10-19) October 19, 1957 (age 68) January 4, 2010 2029 2032 Republican Duquesne
Victor Stabile (1957-09-14) September 14, 1957 (age 68) January 6, 2014 2033 2032 Republican Dickinson
Alice Dubow (1959-03-25) March 25, 1959 (age 67) January 4, 2016 2035 2034 Democratic Penn
Deborah Kunselman (1967-09-24) September 24, 1967 (age 58) January 1, 2018 2027 2042 Democratic Notre Dame
Carolyn Nichols (1955-09-04) September 4, 1955 (age 70) January 1, 2018 2027 2030 Democratic Temple
Mary Murray (1970-07-06) July 6, 1970 (age 55) January 1, 2018 2027 2045 Republican Duquesne
Maria McLaughlin (1966-05-27) May 27, 1966 (age 59) January 1, 2018 2027 2041 Democratic Widener
Megan King (1969-12-08) December 8, 1969 (age 56) January 6, 2020 2029 2044 Republican Pittsburgh
Megan Sullivan (1971-10-19) October 19, 1971 (age 54) January 3, 2022 2031 2046 Republican Temple
Jill Beck (1979-10-16) October 16, 1979 (age 46) January 1, 2024 2033 2054 Democratic Duquesne
Timika Lane (1972-10-05) October 5, 1972 (age 53) January 1, 2024 2033 2047 Democratic Rutgers-Camden
Brandon Neuman (1981-11-01) November 1, 1981 (age 44) January 5, 2026 2035 2056 Democratic Duquesne
  1. ^ Judges must retire by the last day (December 31) of the calendar year in which they reach the age of 75.[15]
  2. ^ Elected President Judge on January 7, 2024.

Senior judges

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Name[13] Born Party Law school
Correale Stevens[a], President Judge Emeritus (1946-10-06) October 6, 1946 (age 79) Republican Dickinson
Kate Elliott[b], President Judge Emerita (1949-06-08) June 8, 1949 (age 76) Democratic Duquesne
John Bender[c], President Judge Emeritus (1948-11-06) November 6, 1948 (age 77) Republican Duquesne
  1. ^ Judge Stevens was a former Associate Justice of the Pennsylvania Supreme Court (2013–2016).
  2. ^ Served as Judge of the Superior Court from December 31, 1989–2017.
  3. ^ Served as Judge of the Superior Court from January 5, 2002–December 31, 2023. Became Senior Judge of the Superior Court on January 1, 2024.

See also

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References

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  1. ^ "Judge Anne Lazarus Elected President Judge of Pennsylvania Superior Court" (PDF). January 2, 2024.
  2. ^ a b "Learn". Unified Judicial System of Pennsylvania. Retrieved August 31, 2020.
  3. ^ "Pennsylvania Code". www.pacodeandbulletin.gov. Retrieved July 25, 2025.
  4. ^ "210 Pa. Code Chapter 3. Orders From Which Appeals May Be Taken". www.pacodeandbulletin.gov. Retrieved July 25, 2025.
  5. ^ "210 Pa. Code Chapter 9. Appeals From Lower Courts". www.pacodeandbulletin.gov. Retrieved July 25, 2025.
  6. ^ "210 Pa. Code Rule 1925. Opinion in Support of Order". www.pacodeandbulletin.gov. Retrieved July 25, 2025.
  7. ^ "210 Pa. Code Rule 2185. Service and Filing of Briefs". www.pacodeandbulletin.gov. Retrieved July 25, 2025.
  8. ^ "Court Opinions | Superior Court | Courts | Unified Judicial System of Pennsylvania". www.pacourts.us.
  9. ^ "210 Pa. Code Rule 124. Form of Documents. Number of Copies to be Filed". www.pacodeandbulletin.gov. Retrieved July 25, 2025.
  10. ^ "Ex-PA Justice Melvin Gets House Arrest and Probation | 90.5 WESA". www.wesa.fm. Retrieved July 25, 2025.
  11. ^ "Convicted former justice Orie Melvin sentenced to house arrest, apology notes - Ballotpedia". ballotpedia.org. Retrieved July 25, 2025.
  12. ^ "Ex-Pa. Supreme Court Justice Joan Orie Melvin loses federal appeal of her criminal convictions - pennlive.com". www.pennlive.com. Retrieved July 25, 2025.
  13. ^ a b "Superior Court Judges". Unified Judicial System of Pennsylvania.
  14. ^ "Pennsylvania Superior Court Ceremonial Sessions - Volume 3" (PDF). Historical Society of Superior Court of Pennsylvania.
  15. ^ "CONSTITUTION OF PENNSYLVANIA". www.legis.state.pa.us.
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