You and Pennsylvania’s Judiciary

Jury Service Child Support, Divorce, Custody, PFAs Delinquency and Dependency A CITIZEN’S GUIDE Jurors must be U.S. citizens, 18 years of age and able to read Pennsylvania’s Common Pleas Courts have jurisdiction over Each Common Pleas Court has a juvenile court for deciding and understand English. Prospective jurors are selected in each family law matters including divorce, property division, alimony, cases involving children younger than 18 who are charged county from various sources. Modest juror compensation is child custody, child and spousal support, paternity and protection with misdemeanors or felonies or who are alleged to be The Judicial Branch set by state law. Citizens are called to serve on grand juries by from abuse orders. Child and spousal support matters are abused or neglected. Judges assigned to juvenile court have a Pennsylvania’s Unified Judicial System a county prosecutor or the state attorney general. For more handled in the domestic relations section of Common Pleas wide range of services available for assisting children found information contact the district court administrator in your Court. Support is determined by a set of guidelines established delinquent or dependent, including residential programs and county or visit www.pacourts.us/learn/jury-duty. by the Pennsylvania Supreme Court. Each of the Commonwealth’s foster care. For more information about delinquency, contact 67 counties has a domestic relations section. Look in the Blue Marriage Licenses, Adoptions, Wills, Deeds, Case Files your county Juvenile Probation Department. For information about dependency, contact your county Children and Youth In most counties clerks of court and prothonotaries maintain Department. criminal and civil records in each Common Pleas Court. The PagesProblem-Solving of your phone Courts book for the office nearest you. Problem-solving courts focus on nonviolent crimes that often How to Get Legal Help are interwoven with social problems such as drug addiction, Those criminally charged and unable to afford a lawyer should Theclerk’s register office ofmaintains wills/recorder criminal of anddeeds civil maintains case information. deeds, The untreated mental illness and alcohol abuse. In a cooperative wills,prothonotary’s marriage licensesoffice maintains and other most information. civil case information.Orphans’ rehabilitation effort, defendants who qualify are given intense Legal Aid Network assists those who cannot afford a court clerks maintain records for adoptions and termination supervision, counseling and treatment for their addictions or lawyerconsult fortheir civil county matters public (www.palegalaid.net.) defender’s office. The The Pennsylvania PA Bar actions in most counties. In Philadelphia these cases are heard, illnesses, educational assistance and healthcare support. Judges Association Lawyer Referral Service can refer others needing and records maintained, in family court. With the exception strictly monitor a defendant’s progress. representation and can be reached at (800) 692-7375. of adoption records, civil and criminal court records, deeds, marriage license records and estate records are generally open to the public.

Do You …have a complaint about a judge’s conduct? …want to become a magisterial district judge? The Judicial Conduct Board investigates complaints of The Minor Judiciary Education Board offers education and misconduct concerning Pennsylvania’s jurists. For more information please visit www.judicialconductboardofpa.org. alsocertification conducts for continuing non-lawyer education Pennsylvanians for all jurists who seekin these election courts. as …have a complaint about a lawyer’s conduct? Formagisterial more information district judges please or visitPhiladelphia www.mjeb.org. Traffic Court judges. It The Disciplinary Board of the Supreme Court investigates complaints regarding the conduct of Pennsylvania’s attorneys. …have a question about court administration, either locally or For more information, please visit across the state? As the administrative arm of the Pennsylvania Supreme Court, www.padisciplinaryboard.org. Pennsylvania’s 67 counties are divided into 60 judicial districts, each of which has a president judge and a district court …believe a lawyer improperly took your money? carries out the Court’s policy and management directives administrator. The president judge is primarily responsible for The Pennsylvania Lawyers Fund for Client Security helps to whilethe Administrative also providing Office policy of guidance, Pennsylvania administrative Courts (AOPC) support, local administration of a judicial district, and the district court recover money improperly retained by an attorney. For more technical assistance and legal representation for jurists and administrator carries out day-to-day management tasks on behalf information please visit www.palawfund.com. court administration within he 60 judicial districts. The AOPC of the president judge and other jurists. …want to practice law in Pennsylvania? is led by the Court Administrator of Pennsylvania. The Board of Law Examiners administers the bar examination For information about any court agencies, please visit the for new lawyers and reviews applications from attorneys for citizens to pose questions about the general conduct of court District court administrators’ offices are among the best places Pennsylvania Judiciary’s website at: www.pacourts.us. in other states wishing to be admitted to legal practice in Pennsylvania’s state court system was the second system in Pennsylvania. For more information please visit give legal advice. Many counties also have administrators for business in each county; however, these offices are unable to the country to go online and, through its Judicial Computer www.pabarexam.org. the minor courts, and these employees can serve as information sources as well. Most counties also have independently elected Project, has been among the nation’s leaders in using …want to find online case or financial information? clerks of (criminal) courts, prothonotaries (civil court clerks), Please visit www.pacourts.us and click on Docket Sheets for registers of wills, recorders of deeds and orphans’ court clerks. broaden public accessibility. available court case information or Public Records for state technology to more efficiently administer its courts and the Blue Pages of local phone directories. Pleas civil cases is not available.) Telephone numbers for all of these court offices may be found in On the cover: Independence Hall, Philadelphia, the judiciary financial information. (Case information for Common WWW.PACOURTS.US dating to 1743 Pennsylvania Supreme Court’s first permanent home, On behalf of the Supreme Court of Pennsylvania, How the Courts Operate

welcome to this “Citizen’s Guide” A case — whether civil or criminal — may be tried before a judge, or a jury with a judge presiding. Juries are primarily each side in the case. After all the evidence is presented, This guide is intended to acquaint you with Pennsylvania’s available in trials held in Common Pleas Courts. There are no • Exhibitseach attorney and testimony presents makea closing up theargument. evidence If thepresented case is by judicial system. It provides an overview of how our courts are juries in Supreme, Superior and magisterial district courts. being tried before a jury, the judge instructs the jury on how Only rarely are juries used in Commonwealth Court. Even to apply the law to the case. Jurors deliberate privately in informative and helpful. when a jury is permitted, both sides in a case can agree to making a determination. In criminal cases a jury determines organized and the kinds of work they do. We hope you find it have the case tried before a judge rather than a jury. whether a defendant is guilty or not guilty and, in limited instances, may determine a penalty. The judge, however, is System. The entry level into the court system for most How a Case Moves PennsylvaniansPennsylvania’s Constitution is at the bottom provides of the for pyramid. a Unified Judicial responsible for formally sentencing the defendant, usually at a later hearing. In a civil case, the jury determines from various sources. Each potential juror is asked whether a plaintiff has proven the case and what, if any, • Inquestions a jury trial, by either prospective the judge jurors and/or are selected attorneys randomly to ensure damages to award. Under certain circumstances, the judge Supreme Court Room Stained Glass Dome, Harrisburg may overrule the jury’s determination or damage award. 5 are chosen and sworn in, attorneys present an opening statementhe/she is qualified to the jury to tohear outline the case. what After each the side jurors believes In this instance the judge hears all of the witnesses’ The next pyramid level includes two intermediate the evidence will show. • Atestimony trial may and be held attorneys’ by a judge arguments without and a jury’s determines involvement. the courts. outcome of the case based on established law. 3 4 3 The Superior Court hears: Types of Cases: all court cases are either civil or criminal

from the Common Pleas Courts, including Criminal Cases Civil Cases 2 • appeals in criminal cases and most civil cases matters involving children and families The Commonwealth, represented by the district attorney or Civil matters include every type of legal action except criminal attorney general, brings a criminal charge before the courts actions, such as personal injuries, contract disputes, adoptions, because a violation of the criminal law is considered an offense divorces and faulty consumer goods. The party bringing suit, 4 The Commonwealth Court hears: against the community. An individual can be charged with a the plaintiff, must prove his/her case before a judge or jury by 1 felony, misdemeanor or summary offense. Felony charges, such presenting evidence that is more persuasive than the opposing the Commonwealth as murder or arson, carry the most severe penalties, while evidence. This is unlike a criminal case where the proof must • original civil cases brought by and against misdemeanors and summary offenses carry lesser penalties. If be beyond a reasonable doubt. Some aspects of civil cases from Common Pleas Courts involving the the prosecutor proves to the jury or to a judge hearing the case (notably in divorce, support or child custody matters) may • appeals from decisions by state agencies and Commonwealth and local governments without a jury that a defendant is guilty beyond a reasonable 1 doubt, that person stands convicted and can face penalties At base level are the Philadelphia Municipal, makebe heard recommendations before quasi-judicial to the officers judge. — masters, hearing or magisterial district (MDJ) and Pittsburgh conference officers, etc. — who are appointed by the court to Municipal courts, which hear: suchCriminal as prison, Case finesFlow and/orChart probation. Civil Case Flow Chart 5 Alleged crime occurs/Arrest takes place Dispute develops At the top of the pyramid is the Supreme Court, • lessmatters serious criminal and civil cases which is the highest judicial authority in the state. • preliminary arraignments and hearings and bail At one of three base-level courts, preliminary The seven-member court: arraignment is held to set bail and advise defendant of Complaint is filed and served • Philadelphia Traffic, Pittsburgh Municipal and rights, followed by preliminary hearing to determine MDJ courts hear traffic cases and Commonwealth courts • hears discretionary appeals from the Superior whether to bring the case to trial Defendant may be required to file an answer Courts in certain matters, such as death penalty Both sides gather evidence 2 • hearscases direct appeals from the Common Pleas Trial takes place (jury or non-jury) or defendant pleads At mid-level are the Common Pleas Courts, guilty Pre-trial conference takes place between judge and which hear: pending in any Pennsylvania court attorneys for both sides to discuss possible settlement • has the power to take control of any case If there is a conviction, a sentencing hearing is held Pennsylvania court system If no settlement is reached, trial takes place and • allmatters major criminal and civil cases • has administrative authority over the entire • appeals from the minor courts, including traffic Defendant can appeal conviction to Superior Court and, a verdict is rendered if unsuccessful, to Supreme Court • matters involving children and families Either party can appeal the decision to appellate courts