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PA Bulletin, Doc. No. 99-113

THE COURTS

WESTMORELAND COUNTY

Criminal Rules WC112, WC302 and WC1100

[29 Pa.B. 453]

Order

   And Now This 1st day of October, 1998, it is Hereby Ordered Adjudged and Decreed that Westmoreland County Rules of Criminal Procedure WC112, WC302, and WC1100 are repealed. New Rules WC112, WC302, and WC1100 are adopted.

By the Court

CHARLES H. LOUGHRAN,   
President Judge

Rule WC112.  Notice concerning the right to counsel in cases initiated by summons.

   Pursuant to Pa.R.Crim.P. 110(1), in all cases where a criminal action is initiated by a summons, the district justice shall mail the following notice to the defendant with the summons:

   ''You have an absolute right to be represented by a lawyer. A lawyer should represent you at the preliminary hearing. It is, therefore, suggested that you do one of the following:

   1.  Hire your own lawyer.

   2.  If you are financially unable to hire your own lawyer, you should apply to the Westmoreland County Public Defender's Office, Westmoreland County Courthouse, Greensburg, Pennsylvania 15601, (724) 830-3535, where a lawyer may be appointed to represent you free of charge.

   3.  If you are financially able to hire a lawyer but do not know one, you should contact the Lawyer Referral Service at the Westmoreland Bar Association, 129 N. Pennsylvania Ave., Greensburg, Pennsylvania 15601, (724) 834-8490.''

Rule WC302.  Attorneys--appearances and withdrawals.

   (a)  An entry of appearance may only be filed on either a Waiver of Arraignment or on a Praecipe for Appearance. An attorney will not be noticed regarding motions, court hearings, or trials unless the attorney enters an appearance.

   (b)  Once an appearance is entered, the attorney will remain counsel of record until removed from the case by court order.

   (1)  In the event of a guilty plea or acceptance into the ARD program, the court will entertain private counsel's motion to withdraw at the time of sentencing or at the time of acceptance into the ARD Program. If the motion is granted, the private counsel and the defendant shall sign a Certificate of Withdrawal which shall be forwarded to the clerk of courts as a part of the official record.

   (2)  In order for the court to consider a petition for withdrawal of privately retained counsel subsequent to the imposition of sentence and pending appeal, counsel seeking to withdraw must provide the court with the defendant's completed application for a public defender, an executed Certificate of Withdrawal, and a summary of the bases for appeal. The court may direct the appointment of trial counsel to pursue the intended appeal at the applicable court-appointed counsel rate.

Rule WC1100.  Prompt trial.

   (a)  Hybrid Calendars

   The clerk of courts shall immediately enter a case when the docket transcript arrives from the district justice, and forward this information to the court administrator. The court administrator shall assign a judge for all court cases. The assigned judge shall be responsible for handling all pretrial phases of the case. Court cases are assigned for trial from a master list administered by thecalendar control judge. Summary appeals are assigned for trial from a master list administered by the court administrator.

   (b)  Call of the List

   (1)  Cases shall be listed by run dates provided in the Integrated Criminal Information System by the district attorney. The earliest run date shall be listed first and the latest or no run date shall be listed last.

   Comment: The district attorney is responsible for calculating the most recent Rule 1100 run date and entering the run date into the computer. Cases without a run date shall be given the lowest priority. Cases shall be listed in accordance with the most recent information.

   (A)  The court administrator shall compile the list for the upcoming trial term.

   (B)  The court administrator shall provide copies of each attorney's cases on the trial list to the attorney of record as soon as possible after the list is compiled. The court administrator will send a notice by first class mail to all defendants who proceed pro se.

   (2)  The parties shall indicate to the court administrator whether the case is ready to proceed to trial; whether the case can be disposed through a negotiated plea, ARD, nolle pros, or other disposition; or whether the case should be passed or continued.

   (A)  Requests for continuances may be presented to the calendar control judge prior to the term. The court shall sign a continuance order, and note thereon whether the continuance is to be charged to the Commonwealth or the defendant, or is made at the court's convenience. Continued cases shall be rescheduled for the next available trial term.

   (B)  Cases which are passed shall be deferred to a later date during the term. If the case is not again reached during that trial term as a result of the court's schedule, the case shall be continued to the next available trial term.

   (3)  Parties may respond as to disposition in accordance with instructions promulgated by the court.

   (c)  Notices

   The court administrator is responsible for preparing and mailing all required notices to counsel for the defendant or to the unrepresented defendant. The notice shall be sent to the address of the counsel or unrepresented defendant then-listed on the Integrated Criminal Justice Information System. The defendant or counsel is responsible for informing the clerk of courts of any known changes of address for the defendant. Any department or agency who has been informed of a change of address by the defendant or counsel, shall inform the clerk of courts on a Change of Information Form. The clerk of courts shall enter any change of address into the Integrated Criminal Justice Information System within 24 hours of receipt of the Change of Information Form.

[Pa.B. Doc. No. 99-113. Filed for public inspection January 22, 1999, 9:00 a.m.]


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