THE COURTS

Title 234--RULES OF CRIMINAL PROCEDURE

PART I.  GENERAL

[234 PA. CODE CH. 9000]

Order Amending Filings by Represented Defendants; No. 210; Doc. No. 2

[26 Pa.B. 3531]

Order

Per Curiam:

   Now, this 9th day of July, 1996, upon the recommendation of the Criminal Procedural Rules Committee; this Recommendation having been published at 25 Pa.B. 5920 (December 23, 1995) and in the Pennsylvania Reporter (Atlantic Second Series Advance Sheets Vol. 672) before adoption, with a Final Report to be published with this Order:

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pa.R.Crim.P. 9022 is hereby amended in the following form.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective September 1, 1996.

   The Criminal Procedural Rules Committee has prepared a Final Report explaining the July 9, 1996 amendments to Rule of Criminal Procedure 9022 (Filing). The amendments provide that the clerk of courts forward to counsel of record any filings by a defendant represented by counsel, rather than docket such filings. The Final Report follows the Court's Order.

Annex A

TITLE 234.  RULES OF CRIMINAL PROCEDURE

PART II.  LOCAL AND MINOR COURT RULES

CHAPTER 9000.  GENERAL PROVISIONS

Rule 9022.  Filing.

   (a)  Except as otherwise provided in these rules, all written motions, and any notice or document for which filing is required, shall be filed with the clerk of courts.

   (b)  [When] Except as provided in paragraph (c), when a written motion, notice, or document is received by the clerk of courts, the clerk shall docket it and record the time of filing in the docket. A copy of these papers shall be promptly transmitted to such person as may be designated by the court.

   (c)  In any case in which a defendant is represented by an attorney, if the defendant submits for filing a written motion, notice, or document that has not been signed by the defendant's attorney, the clerk of courts shall not docket or record it, but shall forward it to the defendant's attorney within 10 days of receipt.

   [(c)] (d)  Filing may be accomplished by:

   (1)  personal delivery to the clerk of courts; or

   (2)  mail addressed to the clerk of courts, provided, however, that filing by mail shall be timely only when actually received by the clerk within the time fixed for filing.

   Official Note: Adopted October 21, 1983, effective January 1, 1984; amended March 22, 1993, effective January 1, 1994; amended July 9, 1996, effective September 1, 1996.

Comment

   This rule requires the filing of all written motions, but it applies to notices and other documents only if filing is required by some other rule or provision of law. As used here, ''written motions'' includes all motions, challenges, and applications or requests for an order or relief that must be made by written motion under Rule 9020(a). [Filing was covered by former Rule 309(a) before adoption of this rule in 1983.]

   Those rules that provide for filing with the trial court or the sentencing court are not exceptions to the general requirement of this rule that filing be with the clerk of courts. As used in this rule, ''clerk of courts'' is intended to mean that official in each judicial district who has the responsibility and function under state or local law to maintain the official court file and docket, without regard to that person's official title.

   The second sentence of paragraph (b) is intended to provide flexibility to the local courts to designate the court official, such as a local court administrator, who processes motions and other matters for appropriate scheduling and disposition.

   Paragraph (c) was added in 1996 to provide a uniform, statewide procedure for the clerks of courts to handle filings by represented defendants when the defendant's attorney has not signed the document being filed by the defendant. See Pa.R.A.P. 3304 (Hybrid Representation). Paragraph (c) only applies to cases in which the defendant is represented by counsel, not cases in which the defendant is proceeding pro se.

   Committee Explanatory Reports: Final Report explaining the March 22, 1993 amendments published with the Court's Order at 23 Pa.B. 1699 (April 10, 1993).

   Final Report explaining the July 9, 1996 amendments published with the Court's Order at 26 Pa.B. 3532 (July 27, 1996).

FINAL REPORT

Amendments to Pa.R.Crim.P. 9022
Filings by Represented Defendants

Introduction

   On July 9, 1996, upon the recommendation of the Criminal Procedural Rules Committee, the Supreme Court amended Rule 9022 (Filing) to require, in any case in which a defendant is represented, that the clerk of courts forward to the attorney of record, within ten days of receipt, any documents filed by the defendant which have not been signed by the defendant's attorney. The amendment will be effective September 1, 1996. This Final Report highlights the Committee's considerations in formulating this amendment.¹

Discussion

   The changes to Rule 9022 are necessary to address a recurring problem in criminal cases--how to handle cases in which a defendant who is represented by counsel submits documents to the clerk of courts for filing.

   At the request of John P. Moses and James G. Morgan, Special Counsel and Solicitor, respectively, to the State Association of Prothonotaries and Clerks of Courts, the Committee reviewed the procedure set forth in Rule of Appellate Procedure 3304 (Hybrid Representation), which requires that submissions for filing by represented litigants be forwarded to the attorney of record without docketing. The Committee concluded that it made sense to establish a comparable procedure for criminal cases at the trial court level, thereby establishing a uniform procedure statewide for the handling of these ''hybrid representation'' cases, and that it made sense to incorporate the new procedure into Rule 9022 (Filing), which provides the procedures for the docketing and recording of papers submitted to the clerk of courts for filing in a criminal case. Specifically, new paragraph (c) requires that the clerk of courts forward to counsel of record, within ten days of receipt, any papers submitted for filing by a defendant who is represented by counsel if the papers are not signed by counsel. The last paragraph of the Comment makes it clear that the new provisions do not apply to any defendant who has elected to proceed pro se, and includes a cross-reference to Appellate Rule 3304.

Publication Responses

   The Committee received nine letters in response to the publication of its explanatory Report. Four of the correspondents wrote in support of the proposed changes, three of the correspondents wrote to express their concern about the proposal, particularly in cases in which there is a dispute between the defendant and counsel. Other correspondents suggested different approaches for resolving the problem, such as returning the documents to the defendant or accepting the filing if it relates to problems with counsel or a request for new counsel. After carefully reviewing all the correspondence, the Committee concluded that the proposal as published satisfactorily resolved the problem. However, paragraph (c) has been modified at the request of the Court to include a 10-day time limit. Accordingly, new paragraph (c) requires that the clerk of courts forward any filings within ten days of receipt.

[Pa.B. Doc. No. 96-1204. Filed for public inspection July 26, 1996, 9:00 a.m.]

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