Pennsylvania Commonwealth Court

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Pennsylvania Commonwealth Court
Intermediate Appellate Courts Seal-template.png
Court information
Judges:   9
Founded:   1968
Salary:  Associates: $239,059[1]
Judicial selection
Method:   Partisan election of judges
Term:   10 years

The Pennsylvania Commonwealth Court is one of Pennsylvania's two intermediate appellate courts, the other being the Superior Court. The Commonwealth Court was established in 1968 in Article V, section 4 of the 1968 Pennsylvania Constitution.

The court is made up of nine judges who serve 10-year terms (beginning the January after their election and ending on the first Monday of the January 10 years later - only on even-numbered years).[2][3] The president judge is chosen by his or her colleagues for a five-year term. The court generally decides cases in three-judge panels and sits in Philadelphia, Harrisburg and Pittsburgh.

  • Published opinions of the Pennsylvania Commonwealth Court can be found here.

Jurisdiction

Cases heard by the Commonwealth Court are generally determined by what the case is about, and the identity of the parties to the lawsuit. This is a different way of determining the type of case heard by an appellate court than in other states, where the distinction is usually between civil matters and criminal matters.

The Commonwealth Court usually takes cases:

  • When the case involves state and local government and regulatory agencies, such as when a lawsuit is filed against one of those governmental agencies.
  • When the subject involves:
  • Banking
  • Insurance
  • Utility regulation
  • Taxation (the court hears all state tax appeals from the Board of Finance and Revenue)
  • Land use (such as eminent domain)
  • Elections
  • Labor practices
  • Workers compensation.
  • Department of Transportation decisions
  • Liquor Control Board rulings about liquor licenses.[4]

Most appellate courts do not have original jurisdiction over cases, but the Commonwealth Court does, including election cases and cases where someone has filed a lawsuit against the Commonwealth of Pennsylvania.

Caseload

Year Appeals from Common Pleas Agency appeals Discretionary appeals Original discretion Board of Finance/Review Original & appellate combined Miscellaneous Total filed
2007 876 1,494 24 587 896 7 38 3,922
2006 954 1,472 29 618 751 7 65 3,896
2005 955 1,628 36 599 786 4 48 4,056

This data is from a 2007 statistical overview prepared by the court.[5]

Judges


Senior judges

Judge Tenure Appointed By

Bonnie Brigance Leadbetter

Gov. Tom Ridge


Judicial selection

See also: Judicial selection in Pennsylvania

The nine judges of the Pennsylvania Commonwealth Court are selected in partisan elections.[6]

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.[6][7] 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.[6][8]

President judge

The Pennsylvania Commonwealth Court selects its president judge by peer vote. The president serves in that capacity for five years.[6][9]

Vacancies

See also: How vacancies are filled in state supreme courts

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.[6]

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.[6]

Salary

In 2024, the associate judges of the court received a salary of $239,059, according to the National Center for State Courts.[10]

Elections

2025

See also: Pennsylvania intermediate appellate court elections, 2025

The terms of a judge on the Pennsylvania Commonwealth Court and a judge on the Pennsylvania Superior Court will expire on January 5, 2026. The two seats are up for retention election on November 4, 2025. The last day to file for retention was January 6, 2025.

One seat on the Pennsylvania Commonwealth Court and one seat on the Pennsylvania Superior Court are up for is up for partisan election on November 4, 2025. A primary is scheduled for May 20, 2025. The filing deadline was March 11, 2025. to fill vacancies created by Ellen H. Ceisler and Daniel D. McCaffery.[11]

Candidates and results

Partisan election

General election

The primary will occur on May 20, 2025. The general election will occur on November 4, 2025. General election candidates will be added here following the primary.

Democratic primary election
Special Democratic primary for Pennsylvania Commonwealth Court

Stella Tsai is running in the special Democratic primary for Pennsylvania Commonwealth Court on May 20, 2025.


Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

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Republican primary election
Special Republican primary for Pennsylvania Commonwealth Court

Joshua Prince and Matthew Wolford are running in the special Republican primary for Pennsylvania Commonwealth Court on May 20, 2025.


Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Retention election

Pennsylvania Commonwealth Court, Seat 5 - Michael Wojcik

Michael Wojcik is running for retention to the Pennsylvania Commonwealth Court on November 4, 2025.

Retention
 Vote
%
Votes
Yes
No
Total Votes


2023

See also: Pennsylvania intermediate appellate court elections, 2023

One seat on the Pennsylvania Commonwealth Court was up for partisan election on November 7, 2023. The election filled the vacancy created when Judge Kevin Brobson (R) was elected to the Pennsylvania Supreme Court in 2021.

General election candidates

Democratic Party Democratic primary candidates


Candidate Connection = candidate completed Ballotpedia's Candidate Connection survey
Republican Party Republican primary candidates


Did not make the ballot:


Candidate Connection = candidate completed Ballotpedia's Candidate Connection survey


2021

See also: Pennsylvania intermediate appellate court elections, 2021

The terms of four Pennsylvania Commonwealth Court judges expired on January 3, 2022.

Partisan election (Crompton's seat)

The incumbent heading into the election was Judge Andrew Crompton.

General election candidates


Candidate Connection = candidate completed Ballotpedia's Candidate Connection survey
Democratic Party Democratic primary candidates

Republican Party Republican primary candidates


Candidate Connection = candidate completed Ballotpedia's Candidate Connection survey

Covey's seat

General election candidates

Leavitt's seat

Mary Hannah Leavitt did not file for retention.[12]


Jubelirer's seat

General election candidates


2019

See also: Pennsylvania intermediate appellate court elections, 2019

The terms of two judges on the Pennsylvania Commonwealth Court were set to expire in January 2020. They had to stand for election on November 5, 2019, in order to remain on the bench. A primary was scheduled for May 21, 2019. The filing deadline was March 12, 2019.

2017

See also: Pennsylvania judicial elections, 2017

Partisan election, two seats

One of the two incumbents, Julia Hearthway, did not file to run in the election.[13]

Joseph M. Cosgrove (Incumbent)
Todd Eagen
Ellen H. Ceisler Green check mark transparent.png
Bryan Barbin
W. Timothy Barry
Irene McLaughlin Clark
Christine F. Cannon Green check mark transparent.png
Paul Lalley

2015

Todd Eagen faced Michael Wojcik in the Democratic primary.

Pennsylvania Commonwealth Court, One seat, Democratic Primary, 2015
Candidate Vote % Votes
Green check mark transparent.png Michael Wojcik 55.4% 342,813
Todd Eagen 44.6% 275,581
Write-in votes 0% 0
Total Votes 618,394
Source: Pennsylvania Department of State, "2015 Municipal Primary Unofficial Results," May 19, 2015

Michael Wojcik faced Paul Lalley in the general election.

Pennsylvania Commonwealth Court, One seat, General Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.png Michael Wojcik 52.8% 1,050,003
     Republican Paul Lalley 47.2% 938,393
Write-in votes 0% 0
Total Votes 1,988,396
Source: Pennsylvania Department of State, "Unofficial General Election Results," November 3, 2015


Paul Lalley was unopposed in the Republican primary.

2011

The following is a list of candidates for the Commonwealth Court 2011 election:

CandidateIncumbencyDistrictPrimary VoteElection Vote
Paul P. Panepinto       
Kathryn Boockvar       
ErnsbergerBarbara Ernsberger    No49.8% 
CoveyAnne Covey       
LeavittMary Hannah Leavitt   ApprovedAYes   ApprovedA
SimpsonRobert Simpson   ApprovedAYes   ApprovedA
Cohn JubelirerRenee Cohn Jubelirer   ApprovedAYesRetention election   ApprovedA
See also: Judicial selection in Pennsylvania

Ethics

The Pennsylvania Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Pennsylvania. It is composed of seven canons:

  • Canon 1: "A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety."
  • Canon 2: "A judge shall perform the duties of judicial office impartially, competently, and diligently."
  • Canon 3: "A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office."
  • Canon 4: "A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary."

The full text of the Pennsylvania Code of Judicial Conduct can be found here.

Removal of judges

Judges in Pennsylvania may be removed in one of two ways:

  • By the court of judicial discipline, which hears formal charges from the judicial conduct board if the board finds probable cause to file charges
  • Impeachment by the house of representatives, plus conviction by two-thirds of the senate[14]

Mediation program

Since 2000, the Commonwealth Court has offered a mediation program to settle some cases through negotiation instead of litigation. Cases in these areas are covered:

  • Workers' compensation
  • Zoning disputes
  • Tax assessment challenges[15]

Since the beginning of the program, about 1,600 cases have been assigned to it, and about half of those cases have been resolved through its mediation services.[15]

State profile

Demographic data for Pennsylvania
 PennsylvaniaU.S.
Total population:12,791,904316,515,021
Land area (sq mi):44,7433,531,905
Race and ethnicity**
White:81.6%73.6%
Black/African American:11%12.6%
Asian:3.1%5.1%
Native American:0.2%0.8%
Pacific Islander:0%0.2%
Two or more:2.1%3%
Hispanic/Latino:6.4%17.1%
Education
High school graduation rate:89.2%86.7%
College graduation rate:28.6%29.8%
Income
Median household income:$53,599$53,889
Persons below poverty level:15.9%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Pennsylvania.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Pennsylvania

Pennsylvania voted for the Democratic candidate in five out of the seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, three are located in Pennsylvania, accounting for 1.46 percent of the total pivot counties.[16]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Pennsylvania had one Retained Pivot County and two Boomerang Pivot Counties, accounting for 0.55 and 8.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More Pennsylvania coverage on Ballotpedia

See also

Pennsylvania Judicial Selection More Courts
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Courts in Pennsylvania
Pennsylvania Commonwealth Court
Pennsylvania Superior Court
Pennsylvania Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Pennsylvania
Federal courts
State courts
Local courts

External links

Footnotes

  1. The salary of the chief judge may be higher than an associate judge.
  2. Pennsylvania Constitution, Article V, Section 15
  3. Constitution, Article V, Courts Other Than Philadelphia, Section 2
  4. Alforjudge.com, "Role of the Commonwealth Court"
  5. The Unified Judicial System of Pennsylvania, "2007 statistical overview"
  6. 6.0 6.1 6.2 6.3 6.4 6.5 American Judicature Society, "Methods of Judicial Selection: Pennsylvania," archived October 3, 2014
  7. The Unified Judicial System of Pennsylvania, "In Re: Nomination Papers of Marakay Rogers, Christina Valente and Carl J. Romanelli," November 7, 2006
  8. 2018 Pennsylvania Consolidated Statutes, "Title 42, Chapter 33, Section 3351," accessed August 25, 2020
  9. The Pennsylvania Code, "Chapter 7. Assignment of Judges," accessed September 3, 2014
  10. National Center for State Courts, "2024 Salaries and Rankings," accessed October 7, 2024
  11. Ballotpedia staff, "Email communication with the Unified Judicial System of Pennsylvania Press and Communications Office," February 5, 2025
  12. [https://www.dos.pa.gov/VotingElections/CandidatesCommittees/RunningforOffice/Documents/2021/0%202021%20Declarations%20of%20Candidacy%20Track%20Web.pdf Pennsylvania Department of State, "Declarations of Candidacy Filed by Incumbent Judges for Retention in 2021," accessed January 12, 2021
  13. Pennsylvania Department of State, "2017 Municipal Election Information," accessed March 9, 2017
  14. American Judicature Society, "Methods of Judicial Selection:Pennsylvania, Removal of Judges," accessed July 30, 2015
  15. 15.0 15.1 The Unified Judicial System of Pennsylvania, "State of the Court, 2008"
  16. The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.