Published: October 31, 2009 11:14 pm      

THOMAS YOUNG | Judicial election primer

On Tuesday, Cambria County voters will elect two new judges, and will vote for judges of the state Superior and Supreme courts.

The judges to serve in the courthouse in Ebensburg are sometimes referred to as “county judges,” which is a misnomer. They are elected by the county voters, but they are state employees. Their salaries come out state funds, not from the county commissioners.

County judges are elected for a period of 10 years. At the end of that time, if they haven’t reached retirement age, they must run for retention. The retention election, however, is just a yes-or-no vote. Rarely is a judge not retained.

Retirement is mandatory at age 70. Two Cambria judges – D. Gerard Long and F. Joseph Leahey – reached mandatory retirement age, which is why the county is voting for two judges in the same election.

Long is the president judge.

The judge with the longest service since his or her election is automatically the president judge, and in 2010, that will be Judge Timothy Creany.

After retirement, a judge may elect to serve as a “senior judge.”

Senior judges are paid on a per diem basis and often are asked to serve by the president judge to handle vacations or to sit on cases in which the senior judge has special knowledge or training. Cambria County Judge Thomas Swope and Somerset County Judge Eugene Fike are senior judges.

The number of judges in a given county is roughly indicative of the population. Cambria County has five judges, Somerset has three, Bedford two.

Westmoreland County has 14 judges, and Philadelphia has 91 judges, at last count, plus 13 senior judges. Huntingdon County has only one judge.

All trials start with the county court system. Appeals are to the Superior Court.

The Superior Court sits in Pittsburgh, Harrisburg and Philadelphia. It moves so the lawyers don’t have so far to go.

There are 13 Superior Court judges, and they often sit in panels of three so they can hear cases in more than one place at the same time.

Trial mistakes must be pointed out in order to have the appellate court overturn a trial result. The great majority of appealed cases are affirmed.

The ultimate state court is the Supreme Court. There are seven justices on the Supreme Court.

The Supreme Court is called a court of last resort. There is no higher legal authority, at least in Pennsylvania.

The ordinary case comes from the Superior Court, but there is no automatic right of appeal to the Supreme Court.

A litigant must ask to be heard. Most are refused.

In Pennsylvania, we also have a Commonwealth Court. It deals mainly with cases by and against the Commonwealth.

Whatever your choices, please vote.



Thomas Young, a graduate of Pitt and Harvard Law School, has been a lawyer in Johnstown since 1958. He is a former professor of business law at Pitt-Johnstown. Readers may send questions to Young in care of The Tribune-Democrat. The opinions expressed in this column are general in nature and may not apply to your situation. Consult your attorney for advice on specific legal matters.