In 1895, the Pennsylvania General Assembly established the Superior Court to hear appeals from certain decisions of the courts of common pleas of the Commonwealth. From time to time the Legislature has expanded the Court’s jurisdiction, and today it decides appeals touching almost every aspect of life and commerce in the State, including family law matters, such as child custody, visitation, adoption, divorce and support; criminal cases; matters concerning wills and estates; property disputes; and those involving damages for breach of contract or personal injury. Judge of the Court are also responsible for hearing applications made by the Attorney General and District Attorneys under the Wiretapping and Electronic Surveillance Control Act. The Superior Court is often the final arbiter of legal disputes in Pennsylvania. Although the Supreme Court of Pennsylvania may grant a petition for an appeal from a decision of the Superior Court, in the large majority of cases such petitions are denied. Appeals allowed to the United States Supreme Court are even more infrequent.
The Superior Court was originally composed of seven judges who sat together to hear every case. However, in 1978, the Supreme Court, citing the “exceedingly heavy volume of appeals coming to the Superior Court,” exercised its constitutional supervisory powers over Pennsylvania courts to order the Superior Court to begin sitting in panels of three judges. By way of an Administrative Rule, the Supreme Court provided that each panel would constitute a quorum and speak for the entire Superior Court.
In 1979, the voters approved an amendment to the Pennsylvania Constitution providing that the Superior Court be enlarged permanently. Pursuant to this constitutional change, the General Assembly in 1980 provided for the gubernatorial appointment of eight additional judges. By the start of 1986, all fifteen Superior Court judicial seats had been filled by election.
During the year 2020, the Superior Court faced another major challenge. The spread of the Coronavirus (COVID-19) at the beginning of 2020 created significant public health concerns, and consequently affected the daily operation of the Pennsylvania Court system. The worldwide pandemic, upon reaching the United States, presented problems which required immediate responses by the judicial branch of government. On March 16, 2020, the Supreme Court of Pennsylvania declared a general, statewide judicial emergency on account of COVID-19. The statewide appellate courts, by way of innovative and effective court management, technology, and communications, developed new procedures and practices to continue to serve the public. The Superior Court quickly moved to remote access for judges and their judicial staff and adopted electronic and telephonic means for oral arguments.
Under statute, judges gain seniority by length of continuous service on the Court, with elected judges receiving seniority over those serving by appointment. Judges elected or appointed together determine seniority by lot. The President Judge is chosen by election of the Court to serve a five-year term. Except for cases in which the Court specifically orders consideration by an en banc panel of nine judges, the Court continues to sit in three-judge panels, assisted by senior judges specifically appointed by the Supreme Court of Pennsylvania.