Established by William Penn in 1684 as a Provincial Court, the Supreme Court of Pennsylvania is the oldest appellate court in the United States. It is more than 100 years older than the Supreme Court of the United States. 

It is the highest court in the Commonwealth of Pennsylvania; therefore, it has the final say on the legality and meaning of Pennsylvania’s laws. It also makes and enforces the rules of the judiciary that judges, lawyers, and litigants must follow. Only the Supreme Court of the United States can make legal decisions that are binding on the Supreme Court of Pennsylvania. 

How does the Supreme Court of Pennsylvania Court Operate?

Unlike any other courts in Pennsylvania, and with just a few exceptions, the Supreme Court of Pennsylvania only reviews cases it decides to hear. Only certain cases, like death penalty convictions, are appealable as a matter of right to Pennsylvania’s Supreme Court. The Court has discretion to set the remainder of its appellate docket from cases appealing from the Superior Court and the Commonwealth Court. 

There are seven (7) elected justices on the Supreme Court of Pennsylvania. The elections are statewide, and the terms of service are for ten (10) years. Justices may serve a second term if retained, but they must retire at age 75.

Where does the Supreme Court of Pennsylvania Court Operate?

The Court convenes in Harrisburg, Philadelphia, Pittsburgh. It is headquartered in the Pennsylvania Judicial Center in Harrisburg, but its main chamber is in the capital building. It meets in City Hall in Philadelphia and in the City-County Building in Pittsburgh. 

Will the Supreme Court of Pennsylvania decide my criminal appeal?

The Supreme Court of Pennsylvania grants allocatur or allows review of very few cases that seek review from the Superior Court. In general, the Court is interested in the questions a case raises rather than intervening in the case itself. In fact, the law requires that an appeal must present “special and important” issues for the Supreme Court of Pennsylvania to review it. See Pa.R.A.P. 1114. That rule explains that the Court may grant a criminal appeal when:

• The Superior Court’s conclusion conflicts with a case previously decided by the Pennsylvania Supreme Court or the Supreme Court of the United States.
• It presents an issue that has not been previously decided.
• “[T]he question presented is one of such substantial public importance as to require prompt and definitive resolution by the Pennsylvania Supreme Court[.]”
• It involves whether a Pennsylvania law is constitutional. 
• The Superior Court’s conclusion amounts to an abuse of its discretion “as to call for the exercise of the Pennsylvania Supreme Court’s supervisory authority[.]”

In 2019, the Supreme Court of Pennsylvania received 1,738 petitions for allowance of appeal from cases decided in the Superior Court. It granted allocatur for just 59 of those petitions. The 59 granted petitions covered both civil and criminal cases.

What is a petition for allowance of appeal?

A petition for allowance of appeal is essentially a brief that is filed with the prothonotary of the Supreme Court of Pennsylvania that argues why the Court should grant allocator. 

If the petition is granted, the Court issues a briefing schedule and the parties to the appeal must submit a brief arguing why the Superior Court’s decision should be affirmed or reversed. The Court also schedules oral argument before issuing an opinion. 

When is the deadline to file a petition for allowance of appeal?

A petition for allowance of appeal must be filed “within 30 days after the entry of the order of the Superior Court or the Commonwealth Court sought to be reviewed.” Pa.R.A.P. 1113(a).

Call Lampman Law to file a petition for allocatur to the Supreme Court of Pennsylvania

If you or someone you love has recently been denied appellate relief in the Superior or Commonwealth Court, time is of the essence to seek review in the Supreme Court of Pennsylvania. Call Lampman Law today at: 570-371-3737 to speak with a lawyer.