This year, voters will elect one judge each to the Commonwealth and Superior courts – the state’s two intermediate appellate courts – and determine whether or not to retain three current justices on the Pennsylvania Supreme Court. All three courts play a critical role in interpreting laws that shape the business climate, tax policies, and regulatory environment, making these elections important to PICPA members and the clients they serve.
CPA-PAC, the bipartisan political arm of the PICPA, conducted interviews with most of the candidates for the Commonwealth and Superior courts. PICPA members can view those interviews on our website.
One of the most consequential decisions before voters this fall involves the retention of three Pennsylvania Supreme Court justices – Christine Donohue, Kevin Dougherty, and David Wecht. Each was elected in 2015 and is now seeking a new 10-year term. Their retention would maintain the current 5-2 Democrat majority on the court.
Unlike contested judicial elections, retention votes are straightforward: voters simply choose “yes” or “no” on whether a sitting justice should remain on the bench. Pennsylvania’s retention votes are designed to preserve judicial independence by minimizing partisan electioneering while still allowing the public to weigh in on a judge’s performance.
National money has poured into the normally staid retention vote, drawing heightened attention to this year’s elections. Several high-profile rulings by the state Supreme Court on mail-in ballots and congressional redistricting have energized activists, though Pennsylvania voters traditionally favor retaining appellate judges. Since the state adopted judicial retention elections in 1968, only one appellate judge – Justice Russell Nigro in 2005 – has been voted out of office, a decision widely seen as part of a broader backlash over a legislative pay raise.
The nine-judge Commonwealth Court primarily handles civil disputes involving the state and hears appeals from decisions made by state agencies, including the Department of Revenue. This court has particular significance to CPAs because of its direct and immediate impact on the business community, particularly in areas related to taxation and regulatory compliance. The two candidates vying for the open seat are Republican Matthew Wolford and Democrat Judge Stella Tsai.
Erie-based attorney Wolford is a solo practitioner with a focus on environmental law and a background in state government. He previously served as an attorney for the Pennsylvania Department of Environmental Protection and as a deputy state attorney general, supervising the Environmental Crimes Section’s regional field office in Meadville. Wolford also worked as a special prosecutor for both the state attorney general’s office and the U.S. Attorney’s office for the Western District of Pennsylvania.
Tsai has served on Philadelphia’s Court of Common Pleas since 2016, first by appointment and then elected to a 10-year term in 2017. According to her campaign, she has handled cases across the court’s criminal, civil, family, and orphans’ court divisions. Earlier in her career, from 2000 to 2003, Tsai chaired the administrative law unit in Philadelphia’s Law Department, overseeing attorneys focused on child welfare and social services matters.
The 15-member Superior Court handles civil and criminal appeals from county Courts of Common Pleas. It is widely regarded as one of the nation’s busiest intermediate appellate courts. While the court’s decisions are less directly tied to business and tax policy, it is an important judicial body. Many view service on this court as a steppingstone to the Pennsylvania Supreme Court. Republican Maria Battista and Democrat Judge Brandon Neuman are vying for the open seat.
Clarion County’s Battista brings a broad mix of public- and private-sector experience to her campaign. She previously served as assistant general counsel for the Pennsylvania Departments of Health and State under both Republican Gov. Tom Corbett and Democratic Gov. Tom Wolf. Her background also includes work as a prosecutor in Franklin and Venango counties and as a contract specialist with the U.S. Department of Defense. Battista, who ran for Superior Court in 2023, currently serves as president of Judge Government Services, a consulting firm.
Neuman, of Washington County, has served on the county’s Court of Common Pleas since 2018. Before joining the bench, Neuman represented the 48th District in the Pennsylvania House of Representatives from 2011 to 2017. Earlier in his career, he practiced law focusing on complex civil litigation and cases involving the neglect or abuse of nursing home residents, according to his campaign.
Daniel Wassmer, the Liberal Party candidate for Pennsylvania Superior Court, declined PICPA’s invitation to be interviewed.
Judicial decisions impact every facet of daily life. For business leaders, the takeaway is straightforward. Appellate courts in Pennsylvania do more than resolve abstract legal questions; they interpret laws and rules that shape the everyday economics of operating in the state. Paying attention to Commonwealth and Superior Court races and the retention questions on the ballot is important for every organization.
The PICPA encourages members to stay informed about these judicial elections and their potential impact on Pennsylvania’s legal and regulatory environment.
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