Kevin Brobson

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Kevin Brobson
Image of Kevin Brobson
Pennsylvania Supreme Court
Tenure

2022 - Present

Term ends

2032

Years in position

2

Predecessor
Prior offices
Pennsylvania Commonwealth Court

Compensation

Base salary

$253,361

Elections and appointments
Last elected

November 2, 2021

Education

Bachelor's

Lycoming College

Law

Widener University School of Law

Personal
Profession
Judge
Contact

Kevin Brobson (Republican Party) is a judge of the Pennsylvania Supreme Court. He assumed office on January 3, 2022. His current term ends on January 5, 2032.

Brobson (Republican Party) ran for election for judge of the Pennsylvania Supreme Court. He won in the general election on November 2, 2021.

Biography

Kevin Brobson earned a B.A. in accounting and economics from Lycoming College in 1992 and a J.D. from the Widener University School of Law in 1995. Brobson's career experience includes working as the secretary and chair of the Judicial Conduct Board of Pennsylvania, a shareholder with Buchanan Ingersoll & Rooney PC, and a judicial clerk for former U.S. District Court Judge James McGirr Kelly. He has served with the St. Thomas More Society of Central Pennsylvania Board of Governors, the chair of the Penn State Hershey Four Diamonds Advisory Board, and the chair of the Jump Street Board of Directors.[1]

Elections

2021

See also: Pennsylvania Supreme Court elections, 2021

General election

General election for Pennsylvania Supreme Court

Kevin Brobson defeated Maria McLaughlin in the general election for Pennsylvania Supreme Court on November 2, 2021.

Candidate
%
Votes
Image of Kevin Brobson
Kevin Brobson (R)
 
50.4
 
1,397,100
Image of Maria McLaughlin
Maria McLaughlin (D)
 
49.6
 
1,372,182

Total votes: 2,769,282
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary election

Democratic primary for Pennsylvania Supreme Court

Maria McLaughlin advanced from the Democratic primary for Pennsylvania Supreme Court on May 18, 2021.

Candidate
%
Votes
Image of Maria McLaughlin
Maria McLaughlin
 
100.0
 
945,138

Total votes: 945,138
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Withdrawn or disqualified candidates

Republican primary election

Republican primary for Pennsylvania Supreme Court

Kevin Brobson defeated Patricia McCullough and Paula A. Patrick in the Republican primary for Pennsylvania Supreme Court on May 18, 2021.

Candidate
%
Votes
Image of Kevin Brobson
Kevin Brobson
 
52.2
 
505,084
Image of Patricia McCullough
Patricia McCullough
 
32.9
 
317,975
Image of Paula A. Patrick
Paula A. Patrick
 
14.9
 
144,291

Total votes: 967,350
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Candidate profiles

This section includes candidate profiles created in one of two ways: either the candidate completed Ballotpedia's Candidate Connection survey, or Ballotpedia staff compiled a profile based on campaign websites, advertisements, and public statements after identifying the candidate as noteworthy.[2]


Image of Kevin Brobson

WebsiteFacebook

Party: Republican Party

Incumbent: No

Political Office: 

Judge, Pennsylvania Commonwealth Court (Assumed office: 2010)

Biography:  Brobson earned a B.A. in accounting and economics from Lycoming College in 1992 and a J.D. from the Widener University School of Law in 1995. His career experience includes serving as a Pennsylvania Commonwealth Court judge, and as an attorney in the Harrisburg area and with Buchanan Ingersoll & Rooney PC in Pittsburgh. He served as secretary and chairman of the state Judicial Conduct Board from 2015 to 2019.



Key Messages

The following key messages were curated by Ballotpedia staff. For more on how we identify key messages, click here.


Brobson said he wanted to bring a new perspective to the court and supported allowing the public to have easier access to court rulings.

  


On his website, Brobson said he has ruled "in favor of gun rights, school choice, and, perhaps most notably, the justiciability of constitutional challenges to congressional districts drawn by the state legislature."


Brobson said he had more appellate experience than other state supreme court justices did when they joined the court.


Show sources

This information was current as of the candidate's run for Pennsylvania Supreme Court in 2021.

Campaign finance

2019

See also: Pennsylvania intermediate appellate court elections, 2019

General election

General election for Pennsylvania Commonwealth Court

Incumbent Kevin Brobson won election in the general election for Pennsylvania Commonwealth Court on November 5, 2019.

Candidate
%
Votes
Image of Kevin Brobson
Kevin Brobson (Nonpartisan)
 
100.0
 
1,393,158

Total votes: 1,393,158
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

2009

Brobson ran as a Republican for one of two open seats on the Pennsylvania Commonwealth Court in 2009.[3]

Candidate IncumbentPartyPrimary %Election %
Supreme-Court-Elections-badge.png
Patricia McCullough ApprovedA NoRepublican37.2%28.1%
Kevin Brobson ApprovedA NoRepublican35.1%26.1%
Linda Judson NoDemocratic23%
Barbara Ernsberger NoDemocratic22.6%


Campaign themes

2021

Ballotpedia survey responses

See also: Ballotpedia's Candidate Connection

Kevin Brobson did not complete Ballotpedia's 2021 Candidate Connection survey.

Campaign website

Brobson’s campaign website stated the following:

"President Judge Kevin Brobson will offer a new voice and perspective to Pennsylvania’s Supreme Court. He will be a voice of reason, a defender of the law as it is written, and a champion of fair and impartial justice.

Born and raised in Lycoming County, Kevin is the son of a retired Pennsylvania State Trooper and Air Force veteran and grandson of former Philadelphia Police Officer. His mother worked at the Little League Baseball’s National headquarters in Williamsport. Growing up, his parents taught him that there is no substitute for hard work.

Kevin went to college and law school in Central Pennsylvania and then clerked for a federal judge in Philadelphia before becoming an associate with Pittsburgh-headquartered Buchanan Ingersoll & Rooney. There he stayed in private practice for 14 years, working in commercial litigation and administrative law, eventually becoming a shareholder and practice group chair in the firm.

Since 2010, Kevin has served as a judge on the Commonwealth Court of Pennsylvania, a statewide intermediate appellate court one step below the Pennsylvania Supreme Court. The Commonwealth Court is entrusted with the important responsibility of ensuring that government, at all levels, follows the law. He has not shied away from the controversial cases during his tenure. He has ruled in favor of gun rights, school choice, and, perhaps most notably, the justiciability of constitutional challenges to congressional districts drawn by the state legislature. His colleagues expressed their confidence in his collegiality, professionalism, and leadership when, in December 2020, they elected Kevin to serve as the 10th President Judge of the Commonwealth Court.

President Judge Brobson and his wife Lauren are raising their three children in a rural community just outside of Harrisburg, Dauphin County. Kevin is an active and engaged father and husband, often found coaching teams, cheering on the sidelines, running the after-school family shuttle, cooking dinner, and walking the family dogs. The Pennsylvania Bar Association has awarded him its highest rating—highly recommended—for a seat on the Pennsylvania Supreme Court."[4]

—Kevin Brobson’s campaign website (2021)[5]

2019

Kevin Brobson did not complete Ballotpedia's 2019 Candidate Connection survey.

Noteworthy cases

Court concludes plaintiffs failed to prove congressional map was unconstitutional

On December 29, 2017, Judge Brobson issued a report concluding that Democratic voters and Democratic groups who had argued that Pennsylvania's 2011 congressional map was unconstitutional had failed to prove their case. The plaintiffs had challenged the 2011 map on the grounds that it violated the Pennsylvania Constitution. The plaintiffs argued that the majority-Republican General Assembly created the 2011 map to favor Republican candidates and deprive Democratic voters of fair representation.[6] The Pennsylvania Supreme Court agreed to expedited review of the case and ordered the Commonwealth Court to issue findings of fact and a recommendation.[6]

In his report, Brobson agreed with the plaintiffs that the Republican-controlled General Assembly had drawn the map to favor Republican candidates. However, he continued, the plaintiffs had not proven that the map violated the state's constitution. He wrote, "Petitioners have not articulated a judicially manageable standard by which this Court can discern whether the 2011 Plan crosses the line between permissible partisan considerations and unconstitutional partisan gerrymandering under the Pennsylvania Constitution."[7]

The Pennsylvania Supreme Court scheduled arguments to consider Brobson's findings and conclusion. The court heard arguments in the case on January 17, 2018.[6] On January 22, 2018, the Pennsylvania Supreme Court struck down the state's congressional district map, finding that the map constituted an illegal partisan gerrymander. On February 19, 2018, the court adopted a remedial map for use in the 2018 election cycle. Pennsylvania Republicans filed suit in federal district court to prevent implementation of the new map. The district court dismissed the suit on March 19, 2018. State Republicans also petitioned the Supreme Court of the United States to stay the state supreme court's order pending appeal. The court rejected this request on March 19, 2018. Click here to read more about this case.

State supreme court judicial selection in Pennsylvania

See also: Judicial selection in Pennsylvania

The seven justices of the Pennsylvania Supreme Court are selected in partisan elections.[8]

Justices serve 10-year terms, after which they must run in yes-no retention elections if they wish to remain on the court. A separate part of the ballot is designated for these elections, and justices' names appear without respect to party affiliation.[8][9] To learn more about these elections, visit the Pennsylvania judicial elections page.

Qualifications

To serve on the supreme court, a justice must:

  • have state residence for at least one year;
  • be a member of the state bar; and
  • be under the age of 75.[8][10]

Chief justice

The Pennsylvania Supreme Court chooses its chief justice by seniority; the title is held by the longest-serving justice on the court.[8][11]

Vacancies

See also: How vacancies are filled in state supreme courts

In the event of a midterm vacancy, the governor appoints a successor who must be approved by a two-thirds vote of the Pennsylvania Senate. Interim justices stand for election at the next municipal election occurring more than 10 months after the vacancy occurred.[8]

By tradition, appointed interim judges of the supreme court, superior court, or court of appeals do not go on to run for permanent seats. In other words, the governor appoints these judges with the expectation that the judge will only fill the interim vacancy.[8]

The map below highlights how vacancies are filled in state supreme courts across the country.



See also

Pennsylvania Judicial Selection More Courts
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Courts in Pennsylvania
Pennsylvania Commonwealth Court
Pennsylvania Superior Court
Pennsylvania Supreme Court
Elections: 20242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Pennsylvania
Federal courts
State courts
Local courts

External links

Footnotes