State Executive Offices
Governor
The Governor serves as the chief executive officer of the Commonwealth, and through his or her cabinet, controls all state departments and agencies. The Governor's legislative authority includes the preparation of state budgets, the proposal of legislation to the General Assembly, and the power to veto legislation (subject to the override of a two-thirds majority in each General Assembly chamber). The Governor's law enforcement powers include command of the State Police and the Pennsylvania National Guard. The Governor also has the power to grant pardons and reprieves of convicted criminals.
Lieutenant Governor
Similar to the relationship of the Vice-President to the President of the United States, the primary responsibility of the Lieutenant Governor is to assume the office of Governor should the elected Governor be unable to complete the term. Otherwise, the Lieutenant Governor's constitutional duty is to preside over the State Senate, where he or she may vote only in the event of a tie. One should recognize, however, that as a member of the Executive branch, the Lieutenant Governor can be an important source of advice and assistance to the Governor in policy formation and administration. However, the Lieutenant Governor's actual role depends upon the Governor.
A candidate for Governor or Lieutenant Governor must meet the following qualifications prior to election:
1. be at least thirty years old;
2. reside in the Commonwealth for at least seven years (unless nonresidence resulted from federal or Pennsylvania State government service).
State Fiscal Offices
Two officers manage the financial affairs of State government: the State Treasurer and the State Auditor General. These officials serve four-year terms and may not serve continuously for more than two terms. They are elected in non-gubernatorial general elections (2004, 2008, 2012, etc.).
State Treasurer
The Treasurer is the chief administrator of the Treasury Department. He or she manages the collection, investment, and disbursement of the Commonwealth's funds. From a Harrisburg office, the Treasurer also maintains the ledger and pays the bills of the Commonwealth in accordance with the taxing and spending decisions of the General Assembly and the Governor.
State Auditor General
The Auditor General oversees the finances of state departments and agencies. Similar to the Controller on the city level, the Auditor General conducts annual and special audits of the various state departments. He or she may also investigate any local government organization that collects or receives state funds. The Auditor General's office is located in Harrisburg.
The Treasurer and Auditor General must meet the following qualifications prior to election:
1. be at least eighteen years old; and
2. reside in Pennsylvania.
State Law Enforcement Office
State Attorney General
Similar to the District Attorney on the city level, the Attorney General is the chief law enforcement officer of the Commonwealth. The Attorney General's duties include prosecuting state officials and employees charged with crimes involving the performance of their official duties, prosecuting indictments returned by grand juries, and in some instances, filling the role of District Attorney in local criminal matters. The Attorney General also furnishes legal advice to the Governor and the heads of the Commonwealth agencies concerning the exercise of their official powers. He or she represents the Commonwealth in actions brought by or against it.
Until 1980, the Attorney General was appointed by the Governor (with the advice and consent of the Senate). Today the Attorney General is elected in the non-gubernatorial general election for a four-year term (2004, 2008, 2012, etc.), and may not serve more than two successive terms.
The Attorney General must meet the following qualifications prior to election:
1. must be at least thirty years old, and
2. must have resided in the Commonwealth for seven years preceding the election (unless non-residence resulted from federal or state government service).
3. must be a member of the Bar of the Supreme Court of Pennsylvania.
State Legislative Offices
The Pennsylvania General Assembly
The General Assembly forms the legislative branch of Pennsylvania's state government. It drafts and passes the laws for the Commonwealth of Pennsylvania, subject to the Governor's veto power. Although legislative posts in the General Assembly were created as part-time offices, many legislators consider these offices full-time positions. The General Assembly meets at the state office complex in Harrisburg to conduct the official business of the Commonwealth. Many members also maintain local offices within their districts.
The General Assembly is comprised of two chambers, the House of Representatives and the Senate. There are 203 representatives in the House (in 2008, twenty-eight Representatives serve the City of Philadelphia); and fifty members in the Senate (in 2008, seven Senators serve the City of Philadelphia).
State Representatives
Members of the House each serve a local constituency of approximately 59,000 citizens. Members are elected for two-year terms at every general election (2006, 2008, 2010, etc.).
A representative must meet the following qualifications prior to election:
1. be at least twenty-one years old;
2. reside in Pennsylvania for at least four years; and
3. reside within the district for at least one year.
While in office, Representatives must also maintain district residence and may not hold any other salaried office in state or federal government.
State Senators
State Senators each serve a local constituency of approximately 240,000 citizens. Although state senatorial districts are much larger than state representative districts, the legislative functions of Senators are very similar to those of Representatives. In order for proposed legislation to become law, both the House and Senate must approve it. State Senators are elected to four-year terms. Senators of even-numbered districts (districts 2, 4, 6, etc.) are elected in the gubernatorial general election (2002, 2006, 2010, etc.). Senators from odd-numbered districts (districts 1, 3, 5, etc.) are elected in the non-gubernatorial general election (2004, 2008, 2012, etc.).
A State Senator must meet the following qualifications prior to election:
1. be at least twenty-five years old;
2. reside in Pennsylvania for at least four years; and
3. reside in the senatorial district for at least one year.
Similar to State Representatives, State Senators must remain district residents throughout their tenure and may not hold any other salaried state or federal offices.
State Judicial Offices (Appellate Courts)
Commonwealth Court
Commonwealth Courtis a statewide court consisting of nine judges. The Commonwealth Court has original jurisdiction of all civil actions against Commonwealth entities except in cases involving eminent domain, habeas corpus and post-conviction relief and tort claims. It has concurrent jurisdiction of actions by Commonwealth entities except with regard to eminent domain, and it has original jurisdiction over cases involving insurance receiverships and ancillary matters. The Commonwealth Court has exclusive jurisdiction of all petitions for review of arbitration between the Commonwealth and any of its employees. The Commonwealth Court has exclusive original jurisdiction of certain statewide election matters. It also has jurisdiction over confidential data matters.The Commonwealth Court has exclusive jurisdiction of appeals from any order of a Commonwealth agency which is not appealable to the Supreme Court or Court of Common Pleas.
The regular term of office is ten years. The regular sessions of the Commonwealth Courtare held in Harrisburg, Philadelphia and Pittsburgh
Superior Court
The Superior Court consists of fifteen judges. The Superior Court has no original jurisdiction, except in cases of ancillary mandamus or prohibition to inferior courts and ancillary habeas corpus. The Superior Court has exclusive appellate jurisdiction of all appeals from final orders of the Courts of Common Pleas except such classes of appeals which fall within the exclusive jurisdiction of the Supreme or Commonwealth Courts.
The regular term of office is ten years. Regular sessions of the Superior Court are held in Harrisburg, Philadelphia and Pittsburgh.
Supreme Court
The Supreme Court, consisting of seven Justices, is the highest court in the Commonwealth of Pennsylvania. The Supreme Court exercises general supervisory and administrative authority over all the other courts, including the authority to temporarily assign judges from one court or district to another. The Supreme Court has original but not exclusive jurisdiction of all cases of habeas corpus, mandamus or prohibition to courts of inferior jurisdiction and quo warranto as to any officer of statewide jurisdiction.
The regular term of office for a Supreme Court Justice is ten years. The longest-serving member of the court presides as chief justice. The court holds sessions in Harrisburg, Philadelphia and Pittsburgh.
City Administrative Offices
City officers are elected to four-year terms during the Mayoral municipal elections (2003, 2007, 2011, etc.), and all city officer candidates must reside in Philadelphia at the timer of their nomination and election.
Prior to the November election, candidates for the office of City Commissioner must be:
1. at least twenty-five years old; and
2. qualified electors and city residents for at least three years.
Candidates for Register of Wills, Clerk of Quarter Sessions, and Sheriff also must be:
1. at least eighteen years old; and
2. residents of the city.
City Commissioner
All of Pennsylvania's sixty-seven counties were at one time governed by their County Commissioners. However, since the adoption of its Home Rule Charter in 1951, Philadelphia has been governed by a Mayor and City Council. The Charter retains the Commissioners, and legislation enacted by City Council requires them to serve as the City's Board of Elections and Registration Commission. In this role, the Commissioners are responsible for the conduct of elections and the registration of voters. They receive and file election documents and campaign finance reports, train election officials, certify the official returns, and maintain voter registration records. The Election Code prohibits any party from filling more than two of the three Commissioner positions. Therefore the City Commissioners always form a bipartisan board.
Register of Wills
The Register of Wills determines whether documents offered for probate should be received as the deceased’s last and final Will. If a Will does not name an executor, the Register determines who should be given that responsibility.
Clerk of Quarter Sessions
The Clerk of the Quarter Sessions serves the Criminal Courts of Common Pleas and Municipal Courts, as well as the Juvenile Division of Family Court. The Clerk maintains the records of the court systems, including fine and bail collection, issues subpoenas, and provides information to prisoners, attorneys and judges.
Sheriff
Although the police department is the chief law enforcement agency in the City, the Sheriff's Office serves as the enforcement arm of the courts. In the criminal courts, the Sheriff's deputies guard and transport persons on trial, transport convicted persons to prison, and provide courtroom security. In the civil courts, the deputies serve complaints, subpoenas, and court orders; they also carry out court orders, including the seizure and public sale of property, and crowd control for picketing and demonstrations.
City Public Watchdogs
The City Controller and District Attorney are often considered "Public Watchdogs" because their offices provide for the financial (Controller) and physical (District Attorney) security of City residents. These officials hold four-year terms and are elected during non-mayoral municipal elections (2005, 2009, 2013, etc.).
City Controller
The City Controller is the chief auditor of Philadelphia's financial affairs. Philadelphia's Home Rule Charter requires the Controller to conduct annual audits of every city office and agency, and it authorizes him or her to offer recommendations for improving the efficiency and economy of City government. Since the Controller is not elected at the same time as the Mayor and City Council, he or she can be an effective independent watchdog over the City's finances.
District Attorney
The District Attorney serves as the "Attorney for the People" in the criminal courts of Philadelphia. The District Attorney’s staff investigates and prosecutes violations of state law within Philadelphia county boundaries. The District Attorney must be a resident of the City for at least one year. He or she must also be admitted to practice law for at least two years and a member of the Pennsylvania Supreme or Pennsylvania Superior Court Bar at the time of filing his or her nomination petition for office.
City Legislative and Executive Offices
The Mayor and City Council carry out the executive and legislative functions of City government. These officers serve four year terms and are elected in the mayoral municipal election (1999, 2003, 2007, etc).
City Councilmember
Similar to the Senate and House of Representatives on the state or federal level, City Council forms the legislative branch of City government. City Council creates the ordinances (local laws) that govern the City. City Council's duties include considering and approving: the annual budget, construction projects, tax rates, zoning ordinances, and many other projects and laws. The Mayor is empowered to veto any legislation passed by City Council; however, a two- thirds (2/3) majority vote of all members of Council can override that veto.
City Council is comprised of ten members representing specific geographic areas (councilmanic districts) and seven "at-large" members elected by and representing the entire City of Philadelphia. Each voter has the right to vote for one candidate seeking district council office and for five councilmembers at-large. To guarantee minority party representation on City Council, Philadelphia's Home Rule Charter provides that one political party may not nominate more than five at-large candidates.
Councilmembers must meet the following qualifications prior to election:
1. be at least twenty-five years old; and
2. reside within the City for at least one year.
In addition, district councilmembers must reside in their district throughout their term(s) of office.
Mayor
The Mayor serves as the chief executive of the City. He or she is responsible for the administration of the City and the enforcement of state and local laws within the City's boundaries. The Mayor appoints a four member cabinet consisting of the City Solicitor, City Representative, Finance Director, and Managing Director to assist in the governance of the City. Through the cabinet, the Mayor prepares city budgets, operates the police and fire departments, collects taxes, and performs countless other city services. As detailed above, the Mayor also fulfills a legislative role with the power to veto bills passed by City Council.
To serve as Mayor, a citizen must meet the following qualifications prior to the election:
1. be at least twenty-five years old; and
2. reside in the City for at least three years.
City Judicial Offices
Traffic Court
Philadelphia Traffic Court is a summary court of limited jurisdiction and not a court of record. There are seven elected judges currently sitting as the Traffic Court Judiciary, trained by the Commonwealth specifically to preside over and adjudicate citations issued within the County of Philadelphia, City of Philadelphia, as provided in the Title 75 Vehicle Code, set by the Legislature of the Commonwealth of Pennsylvania. The original police officer that issues citations is not required to be present at the Philadelphia Traffic Court trial of the defendant, however, a liaison officer from the same police department or division thereof shall represent the issuing officer and prosecute in the due process of the trial. Upon appeal, the original officer will be summoned to appear at the appeal process.
The Traffic Court is responsible for the collection of fines resulting from the issuance of citations by the Philadelphia Police Department and other various law enforcement agencies. This court will schedule hearings for these citations and will fairly adjudicate cases according to Title 75 of the Pennsylvania Motor Vehicle Code. This court can issue warrants for unpaid citations and arrest scofflaws with one outstanding violation on record at Philadelphia Traffic Court. Individuals may appeal all Traffic Court cases and receive a trial de novo in the Court of Common Pleas.
Courts of Common Pleas
The Courts of Common Pleas are Pennsylvania's courts of general trial jurisdiction. They have existed since the colonial charter of Pennsylvania, and are incorporated in the Pennsylvania Constitution of 1776. The Court of Common Pleas of Philadelphia County presently consists of ninety judges who are currently assigned as follows: Trial Division , 67; Family Court Division , 20; and Orphans' Court Division , 3.
The Court of Common Pleas is supervised by a President Judge who is elected for a five year term by the Judges of the Court of Common Pleas.
Municipal Court
The Philadelphia Municipal Court is a court of limited jurisdiction with 25 law-trained Judges, and as such is responsible for trying criminal offenses carrying maximum sentences of incarceration of five years or less, civil cases where the amount in controversy is $10,000 or less for Small Claims; unlimited dollar amounts in Landlord and Tenant cases; and $15,000 in real estate and school tax cases. Municipal Court has initial jurisdiction in processing every adult criminal arrest in Philadelphia, and conducts preliminary hearings for most adult felony cases. Because, by statute, an individual does not have the right to a jury trial in Municipal Court, cases may be appealed to the Court of Common Pleas for a trial de novo. The current appeal rate averages approximately 3% or less. The Philadelphia Municipal Court has experienced many changes since its inception. The Court continues its growth towards its goal of excellence in providing timely and equal justice to all persons who have contact with the Court.