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PA Bulletin, Doc. No. 07-777

THE COURTS

PIKE COUNTY

Promulgation of Criminal Local Rule 590; No. Civil-627-2007; MD-58-2007

[37 Pa.B. 2095]
[Saturday, May 5, 2007]

Order

   And Now, this 17th day of April, 2007, the Court Orders the following:

   1.  Local Rule of Criminal Procedure 590 is hereby adopted effective thirty (30) days after publication in the Pennsylvania Bulletin;

   2.  The Court Administrator of the 60th Judicial District is hereby Ordered to do the following:

   a.  File seven (7) certified copies of this Order and the pertinent Rules with the Administrative Office of Pennsylvania Courts;

   b.  File two (2) certified copies and a computer diskette containing this Order and the pertinent Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

   c.  File one (1) certified copy of this Order and the pertinent Rule with the Civil Procedural Committee;

   d.  Provide one (1) copy of this Order and the Local Rule to each member of the Pike County Bar Association who maintain an active practice in Pike County; and

   e.  Keep continuously available for public inspection, copies of this Order and the Local Rules.

By the Court

JOSEPH F. KAMEEN,   
President Judge

Local Rule 590--Pleas and Plea Agreements

   A.  Generally

   1.  A plea shall be taken in open court.

   2.  A defendant may plea, guilty, not guilty, or, with the consent of the Judge, nolo contendere. If the defendant refuses to plea, the Judge shall enter a plea of not guilty on the defendant's behalf.

   3.  The Judge may refuse to accept a plea of guilty or nolo contendere, and shall not accept it unless the judge determines, after inquiry of the defendant, that the plea is voluntary, and understandingly tendered. Such inquiry shall appear on the record.

   a.  During the course of counseling a defendant relative to any plea of guilty or nolo contendere in the Court of Common Pleas, counsel shall review with the defendant a Pike County guilty plea colloquy form available from the Office of the District Attorney, and shall explain to the defendant the contents of that form.

   b.  Such forms shall be initialed and signed where appropriate and counsel's signature thereon shall constitute a certification by the attorney that he has read, discussed and explained the plea form with the client, and that to the best of his knowledge, information and belief, his client understands the guilty plea colloquy and accepts the terms of the plea agreement if any.

   c.  Guilty plea colloquy forms shall be filed in open Court at the time of entry of any plea of guilty or nolo contendere.

   d.  For pleas to a summary offense, the plea form need only consist of the disposition page, and need only state the offenses to which the defendant is pleading and any terms of a plea agreement.

   B.  Plea Agreements

   1.  When counsel for both sides have arrived at a plea agreement, they shall state on the record in open court, in the presence of the defendant, the terms of the agreement, unless the judge orders, for good cause shown and with the consent of the defendant, counsel for the defendant, and attorney for the commonwealth, that specific conditions in the agreement be placed on the record in camera and the record be sealed.

   a.  All plea agreements are to be in writing, on Pike County guilty plea colloquy forms. The colloquy forms are to be signed by the defendant, defense counsel, and the attorney representing the Commonwealth.

   b.  The attorney representing the Commonwealth at the time the plea is entered shall be familiar with the case, and, if requested, shall advise the court of any prior convictions of the defendant for felonies and misdemeanors of which Counsel has knowledge.

   3.  The Judge shall conduct a separate inquiry of the defendant on the record to determine whether the defendant understands and voluntarily accepts the terms of the plea agreement on which the guilty plea or the plea of nolo contendere is based.

   C.  Murder Cases

   1.  In cases in which the imposition of a sentence of death is not authorized, when a defendant enters a plea of guilty or nolo contendere to a charge of murder generally, the judge before whom the guilty plea was entered shall alone determine the degree of guilt.

[Pa.B. Doc. No. 07-777. Filed for public inspection May 4, 2007, 9:00 a.m.]


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