Pennsylvania's Political Word of the Year: Retention

Pennsylvania is one of a handful of states that elect all their judges in partisan races. New Jersey, for example, appoints all its judges: local, county, and statewide.

This year, five Pennsylvania appellate court judges – all Democrats – face a retention election, which is how voters here re-elect such judges.

(Note: members of the magisterial district courts, along with county jurists and members of the Commonwealth and Superior courts are all called judges, while those on our Supreme Court – the oldest appellate court in the country – are called Justices.)

County and state judges first run in a regular partisan election and then serve a 10-year term. If they wish to stay on the court, rather than run for re-election against an opponent, they must stand for retention, which is a yes/no vote.

Voters who believe a judge deserves another term vote “Yes” while those who disagree vote “No” – so judges up for retention run against … themselves.

If a judge wins retention, they continue to serve another 10-year term, or until they reach the mandatory judicial retirement age of 75.

Though there are five appellate judges up for retention this year, the main focus will be on the three Supreme Court Justices, all Democrats: Christine Donohue, Kevin Dougherty, and David Wecht.

Interestingly, Justice Donohue will reach that mandatory retirement age of 75 in just 2 years, so her retention vote isn’t for another 10-year term, but only for a potential 2-year term. How voters will react to that is unknown, but it wouldn’t be described as a positive for Donohue.

All three were first elected to the Supreme Court in 2015, the only time in state history that three Supremes were elected at the same time. This was due to only-in-Pennsylvania reasons, including the porngate scandal, which is elaborated on in the second episode of my 2023 podcast, a stroll through the annals of Pennsylvania political corruption, which I produced, and co-hosted with veteran political journalists Brad Bumsted and John Baer.

In 2015, Democrats and their allies were much better prepared, and funded, than the GOP. So, all three Democrats won handily in 2015, and again, given those 10-year terms, the longest in the state, it’s a long time to wait for another bite at the apple.

But 2025 is apple time for Keystone Republicans…

Kevin Dougherty, brother of former IBEW Local 98 uber-labor leader John “Johnny Doc” Dougherty, who is now in federal prison, was the top vote-getter among Democrats in 2015. Johnny Doc and his union were also the top contributors to brother Kevin’s campaign then;. That financial spigot is likely shut tight this year.

But in the state’s municipal primary election last week, there was no mention of any retention votes – those are handled only in the state’s odd-year general elections.

If a judge loses their retention vote – and it’s extremely rare – they are done at the end of that year, and then we have a judicial vacancy.

For example, if any of those Democratic Supreme Court Justices lose retention in November, they would leave the court at the end of the year. Then it would be up to the governor and state Senate to fill the vacancy, if they wish. That appointed justice would only serve through the end of 2027.

In 2027, that spot on the bench would then be filled by a regular, open seat election for a new 10-year term. For Pennsylvania Republicans, this year’s retention vote is just the possible beginning of the battle to reshape the 5-2 Democrat-led State Supreme Court. Democrats hope it’s the end.

Get ready for an onslaught of judicial retention ads and mailers, etc. Since all those up for retention this year are Democrats, it makes the messaging very easy for Republicans: Just say “No.”

It will be the top race in the state, and among the top in the country as well, so once again the Commonwealth will be in the national political spotlight.

Christopher Nicholas is a veteran GOP political consultant, president of Eagle Consulting Group, and author of the PA Political Digest newsletter.