The Commonwealth Court of Pennsylvania was created in 1968 in response to the increased litigation within Pennsylvania. In 1970 it opened to hear civil cases involving a party that is the state or a local government within the Commonwealth. It is the only court devoted to government and administrative law in the United States. It is also the only “appellate court” in the nation that also has original jurisdiction, meaning that it also serves as a trial court for certain disputes.
The Commonwealth Court hears direct appeals from the Courts of Common Pleas involving government agencies, and it serves as a trial court when certain cases are filed by or against the Commonwealth when money damages are not requested and in litigation concerning elections. It acts as an appellate court for about 82% of its docket and as a trial court 18% of its cases. Inmates are the petitioner in nearly 70% of its trial cases. In total, it hears about 4,000 new appeals/trials annually.
An appeal of a Court of Common Pleas order suspending a driver’s license is an example of the type of appeals the Commonwealth Court has jurisdiction to decide. It has jurisdiction to hear a driver’s license suspension appeal because they are a civil penalty (often collateral to a criminal conviction such as a chemical test refusal or a DUI violation) and because the Pennsylvania Department of Transportation (PennDOT) issues, regulates, and suspends operator’s licenses in Pennsylvania.
Examples of local agency appeals are public employment cases, real estate tax assessments, eminent domain litigation, education matters, negligence claims, and zoning disputes. These cases are usually heard in the Courts of Common Pleas and are appealed to the Commonwealth Court after a final order is entered.
State agency appeals include administrative decisions from the Public Utility Commission, the Environmental Hearing Board, the Workers’ Compensation Appeal Board, Childline registry appeals, the Office of Open Records (public record disclosures), and all state tax appeals from the Board of Finance and Revenue. The Court also has trial jurisdiction when the Attorney General sues a company pursuant to Pennsylvania’s Unfair Trade Practices and Consumer Protection Law. State agency decisions are typically appealed directly to the Commonwealth Court.
There are nine (9) judges on the Commonwealth Court. Commonwealth Court judges are elected in statewide elections to serve a ten (10) year term. Judges may serve a second term if retained but must retire at age 75. Cases are usually heard by a panel of two or three (2-3) judges but can be heard by a single judge and en banc by up to seven (7) judges.
Unlike the Superior Court that has three judicial districts, the Commonwealth Court’s lone Prothonotary is in Harrisburg. The Court hears cases in Harrisburg, Philadelphia, and Pittsburgh. It can also travel to hold special sessions.
The first step to appeal to the Commonwealth Court of Pennsylvania is to file a Notice of Appeal with the prothonotary in the Court of Common Pleas where the case arose. Both the prothonotary for the Court of Common Pleas and the Commonwealth Court charge fees for filing a Notice of Appeal.
Generally, the Notice of Appeal must be filed within thirty (30) days of when the final order is entered.
If you or someone you love has recently been convicted of a crime in Pennsylvania, time is of the essence to directly challenge the conviction in the Superior Court.
Call Lampman Law today at: 570-371-3737 to speak with a lawyer. We help people convicted of crimes throughout Pennsylvania file direct appeals to the Superior Court.
