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PA Bulletin, Doc. No. 03-2145

THE COURTS

CARBON COUNTY

Procedure Concerning Providing Court-Appointed Counsel in Summary Offenses; No. 121 MI 03

[33 Pa.B. 5514]

Administrative Order No. 17-2003

   And Now, this 24th day of October, 2003, in order to clarify various issues involving the appointment of counsel in summary offenses, it is hereby

   Ordered and Decreed that the following is a clarification of procedures:

   1.  Right to Counsel. In any summary trial or hearing before a District Justice in which the District Justice has determined there is a likelihood of imprisonment, the Defendant shall be advised that he/she has the right to retain counsel and that if he/she does not have the financial ability to retain counsel, counsel will be appointed by the Court. Defendants seeking court-appointed counsel will be directed to report to the Public Defender's Office to determine eligibility. Failure to report as directed may result in the denial of court-appointed counsel. Upon establishment of financial eligibility, counsel will be appointed for the District Justice's summary trial or contempt hearing. Counsel's appointment will terminate at the conclusion of the summary hearing or contempt hearing, unless the District Justice sentences the Defendant to a period of incarceration and an appeal is timely taken.

   2.  Notice of Appeal. In any case in which a District Justice has imposed a sentence of imprisonment and an appeal has been filed to the Court of Common Pleas, Defendant may file the Notice of Appeal without the payment of the Appeal costs if court-appointed counsel was provided at the District Justice level. If court-appointed counsel was not provided at the District Justice level, Defendant must pay the requisite Appeal fees unless a Petition to Proceed in Forma Pauperis is filed concurrently with the Notice of Appeal. The Judge to whom the underlying Appeal is assigned will determine whether Defendant must ultimately pay Appeal costs.

   It Is Further Ordered and Decreed that the Carbon County District Court Administrator is Ordered and Directed to do the following:

   1.  File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Pennsylvania Criminal Procedural Rules Committee.

   4.  Forward one (1) copy for publication in the Carbon County Law Journal.

   5.  Forward one (1) copy to the Carbon County Law Library.

   6.  Keep continuously available for public inspection copies of the Order in the Clerk of Court's Office and District Court Offices.

By the Court

RICHARD W. WEBB,   
President Judge

[Pa.B. Doc. No. 03-2145. Filed for public inspection November 7, 2003, 9:00 a.m.]


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