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PA Bulletin, Doc. No. 98-1977

THE COURTS

Title 234--RULES OF CRIMINAL PROCEDURE

PART I.  GENERAL

[234 PA. CODE CHS. 300 AND 1100]

Rule 303 Relating to Arraignment and Rule 1117 Relating to Presence of the Defendant

[28 Pa.B. 5867]

Introduction

   The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rules 303 (Arraignment) and 1117 (Presence of the Defendant) to establish a uniform, statewide procedure permitting defendants who are represented by counsel to waive appearance at arraignment. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.

   The following explanatory Report highlights the Committee's considerations in formulating this proposal. Please note that the Committee's Reports should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Reports.

   The text of the proposed rule changes precedes the Report.

   We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel, Anne T. Panfil, Chief Staff Counsel, Supreme Court of Pennsylvania, Criminal Procedural Rules Committee, P. O. Box 1325, Doylestown, PA 18901 no later than Wednesday, January 13, 1999.

By the Criminal Procedural Rules Committee

FRANCIS BARRY MCCARTHY,   
Chair

Annex A

TITLE 234.  RULES OF CRIMINAL PROCEDURE

PART I.  GENERAL

CHAPTER 300.  PRETRIAL PROCEEDINGS

Rule 303.  Arraignment.

   [(a)  Arraignment] (A) Except as otherwise provided in paragraph (C), arraignment shall be in such form and manner as provided by local court rule. Notice of arraignment shall be given to the defendant as provided in Rule 9024 or by first class mail. Unless otherwise provided by local court rule, or postponed by the court for cause shown, arraignment shall take place no later than 10 days after the information has been filed.

   [(b)] (B)  *  *  *

*      *      *      *      *

   [(c) When permitted by local rule, a] (C) A defendant may waive appearance at arraignment if the following requirements are met:

*      *      *      *      *

   (2)  the defendant and counsel sign and file with the clerk of courts a waiver of appearance at arraignment which acknowledges that the defendant:

*      *      *      *      *

   (ii)  understands the rights and requirements contained in paragraph [(b)] (C) of this rule; and

*      *      *      *      *

   Official Note:  Formerly Rule 317, adopted June 30, 1964, effective January 1, 1965; paragraph (b) amended November 22, 1971, effective immediately; paragraphs (a) and (b) amended and paragraph (e) deleted November 29, 1972, effective 10 days hence; paragraphs (a) and (c) amended February 15, 1974, effective immediately. Rule 317 renumbered Rule 303 and amended June 29, 1977, amended and paragraphs (c) and (d) deleted October 21, 1977, and amended November 22, 1977, all effective as to cases in which the indictment or information is filed on or after January 1, 1978; Comment revised January 28, 1983, effective July 1, 1983; amended October 21, 1983, effective January 1, 1984; amended August 12, 1993, effective September 1, 1993; rescinded May 1, 1995, effective July 1, 1995, and replaced by new Rule 303. New Rule 303 adopted May 1, 1995, effective July 1, 1995; amended ______ , 1998, effec- tive ______ .

Comment

*      *      *      *      *

   Under paragraph [(a)] (A), in addition to other instances of ''cause shown'' for delaying the arraignment, the arraignment may be delayed [where] when the defendant [was] is unavailable for arraignment within the 10-day period after the information [was] is filed.

   Paragraph [(c)] (C) is intended to facilitate, for defendants represented by counsel, waiver of appearance at arraignment through procedures such as arraignment by mail.

Committee Explanatory Reports:

*      *      *      *      *

   Report explaining the proposed amendments deleting the local rule prerogative for requiring a defendant to appear for arraignment proceedings published at 28 Pa.B. 5868 (December 5, 1998).

CHAPTER 1100.  TRIAL

Rule 1117.  Presence of the Defendant.

   [(a)] (A) The defendant shall be present [at the arraignment,] at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule. The defendant's absence without cause shall not preclude proceeding with the trial including the return of the verdict.

   [(b)] (B)  *  *  *

   [(c)] (C)  *  *  *

   Official Note: Adopted January 24, 1968, effective August 1, 1968; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995; amended ______ , 1998, effective ______ .

Comment

   Paragraph [(c)] (C) was added in 1994 to make it clear that the trial judge may dismiss a summary case appeal when the judge determines that the defendant is absent without cause from the trial de novo. If the appeal is dismissed, the trial judge should enter judgment and order execution of any sentence imposed by the issuing authority.

Committee Explanatory Reports:

*      *      *      *      *

   Report explaining the proposed amendments deleting the requirement that a defendant be present for arraignment published at 28 Pa.B. 5868 (December 5, 1998).

REPORT

   Proposed Amendments to Pa.Rs.Crim.P. 303 and 1117

WAIVER OF APPEARANCE AT ARRAIGNMENT

1.  Rule 303 (Arraignment)

   In 1995, the Court adopted a new and reorganized Rule 303 containing a provision that authorized, when permitted by local rule, waiver of appearance at arraignment by defendants who are represented by counsel and who satisfy the requirements in paragraph (C). See 25 Pa.B. 1944 (May 20, 1995). The Committee found that this provision has met with favorable response from members of the bench and bar in those judicial districts adopting a local rule. The experiences with the local rules have demonstrated that the purposes of arraignment are achieved by consultation between attorney and client, and that permitting the waiver has significantly reduced the burdens on the court's resources and the defendants' and counsels' time. In view of these findings and the continued movement toward reducing the number of local rules to promote the uniform, statewide practice of law, the Committee agreed that Rule 303 should be amended to permit, as a uniform, statewide procedure, a represented defendant to waive formal arraignment.

   Accordingly, the proposed amendment to Rule 303 would delete the local rule option language in paragraph (C). Because the waiver would be a statewide procedure, and an exception to the procedures in paragraph (A), we are recommending that paragraph (A) include ''except as otherwise provided in paragraph (C),'' to make this clear.

2.  Rule 1117 (Presence of Defendant)

   As part of our discussion about the waiver of arraignment, the Committee also noted that Rule 1117 sets forth the proceedings, including arraignments, that require the presence of the defendant. The Committee agreed that, because Rule 303 allows a represented defendant to waive appearance at arraignment, Rule 1117 should be amended to delete ''arraignments'' from the list of proceedings requiring the defendant's presence. In addition, it was agreed by the members that, since Rule 1117 is in Chapter 1100, it should only apply to the stages of trial.

[Pa.B. Doc. No. 98-1977. Filed for public inspection December 4, 1998, 9:00 a.m.]


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