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Westmoreland Review

Friday, March 14, 2025

Pennsylvania prepares for judicial retention votes amid upcoming general election

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State Rep. Jill N. Cooper | Pennsylvania 55th Legislative District

State Rep. Jill N. Cooper | Pennsylvania 55th Legislative District

The election process for judges in Pennsylvania is a topic of interest as voters prepare to make decisions in upcoming retention votes. Unlike more prominent presidential elections, judicial elections often occur during odd-numbered years and may not attract the same level of public attention. These years are significant as they involve voting on local officials and various judicial positions.

In Pennsylvania, state courts include Common Pleas courts, which handle criminal and civil cases at the county level, and higher courts such as Commonwealth, Superior, and Supreme courts located in Harrisburg. Judges initially run for their positions through traditional elections against opponents. However, once elected to the Common Pleas or higher courts, judges face retention votes every ten years to continue serving. The ballot asks if the judge should "be retained for an additional term," with no political party affiliations listed.

Westmoreland County voters will soon decide on the retention of three Court of Common Pleas judges: Scott Mears, Harry Smail Jr., and Tim Krieger. In Pennsylvania's history of using retention elections—a practice shared by only 11 states—only one state judge has failed to retain their seat: former Supreme Court Justice Russell Nigro in 2005.

If a judge does not win their retention vote during November's general election, a special election is scheduled for the next odd-year election cycle to find a replacement. Until then, the governor can appoint someone temporarily with confirmation from two-thirds of the state Senate.

This method aims to ensure non-partisan judicial service without affiliation with Democrats or Republicans. Notably, three current Pennsylvania Supreme Court judges—Christine Donahue, Kevin Dougherty, and David Wecht—are up for retention votes in 2025.

Judicial retention plays a crucial role in maintaining an impartial judiciary while allowing voters to have a say in whether judges remain on the bench. Representative Jill Cooper emphasizes that participation in these elections is essential: "Regardless of one's party affiliation and opinions... It's a gift we shouldn't ever take for granted."

For those interested in recent judicial decisions or learning more about how judges are elected in Pennsylvania, resources are available at pacourts.us under "News and Statistics" or "How do the Pennsylvania Courts operate."

Additional updates from Representative Jill Cooper include events like her Open House series finale on March 20 at Murrysville Community Center and a Telephone Town Hall on March 17 discussing legislative topics alongside House Republican Appropriations Chairman Jim Struzzi.

Furthermore, initiatives such as PA ABLE Savings Program help families save for disability-related expenses with tax benefits while raising awareness about colorectal cancer screening during Colorectal Cancer Awareness Month.

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