LEONCommonwealth
Four U.S. states put "Commonwealth" on the letterhead. Here is what the word actually changes in court: the letterhead.
A commonwealth runs its courts, laws and punishments differently from a regular state.
Meet the four commonwealths
Kentucky, Massachusetts, Pennsylvania and Virginia. Tap one.
Prosecutors are called Commonwealth’s Attorneys, and cases read Commonwealth v. Smith. The felonies, jury trials and appeals work like any other state’s.
Kentucky also has Commonwealth’s Attorneys for felonies, alongside county attorneys. The criminal code works like any other state’s.
Prosecutors are District Attorneys, as in most states. Cases still read Commonwealth v. Jones. That is about all the word changes.
District Attorneys again. The 1780 constitution names it a "Commonwealth", and the top court is the Supreme Judicial Court. Different name, same job.
Where the name comes from
In older English, commonwealth meant the common good: government for the people rather than for a king. Some revolutionary-era states wrote it into their constitutions as a statement of values, not as a separate legal system.
Side by side
| Function | Typical state | Commonwealth |
|---|---|---|
| Trial & appeals courts | Yes | Yes |
| Criminal code from the legislature | Yes | Yes |
| Police power | Yes | Yes |
| Bound by U.S. Constitution | Yes | Yes |
| Case name | State / People v. Smith | Commonwealth v. Smith |
Test yourself
Can you beat a Virginia speeding ticket because it is "a commonwealth, not a state"?
Is Puerto Rico a commonwealth in the same sense as Kentucky?
Do commonwealths get different punishments by design?
Branding, not architecture
"Commonwealth" is a historical label. It does not create different courts or punishments, and it is not a way out of the law. Underneath is an ordinary American state with a fancier title.
Sources: the state constitutions of KY, MA, PA and VA.
Rewritten from the original No Sacred Cows post for the LeonLink blog.
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