THE COURTS

Title 234--RULES
OF CRIMINAL PROCEDURE

PART I. GENERAL

[ 234 PA. CODE CH. 6 ]

Proposed Amendments to Rule 644

[38 Pa.B. 1816]
[Saturday, April 19, 2008]

   The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rule 644 to make permanent the procedures permitting jurors to take notes in criminal cases. 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 Report 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 changes to Rule 644 precedes the Report. Additions are shown in bold and deletions are in bold and brackets.

   We request that interested persons submit suggestions, comments, or objections concerning this proposal in writing to the Committee through counsel,

Anne T. Panfil, Chief Staff Counsel
Supreme Court of Pennsylvania
Criminal Procedural Rules Committee
5035 Ritter Road, Suite 100
Mechanicsburg, PA 17055
fax: (717) 795-2106
e-mail: criminal.rules@pacourts.us

no later than Friday, May 30, 2008.

By the Criminal Procedural Rules Committee

NICHOLAS J. NASTASI,   
Chair

Annex A

TITLE 234. RULES OF CRIMINAL PROCEDURE

CHAPTER 6. TRIAL PROCEDURES IN COURT CASES

PART C(2). Conduct of Jury Trial

Rule 644. Note Taking by Jurors.

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   [(C)  This rule is rescinded three years from the effective date.]

Comment

   This rule was adopted in 2005 to permit the jurors to take notes during the course of any trial that is expected to last more than two days. Pursuant to this rule, except for trials expected to last two days or less, the jury may take notes as a matter of right without the permission of the court. See, e.g., ABA Standards For Criminal Justice, Second Edition, Standard 15-3.2 (Note taking by jurors) (1980). [This is a temporary rule promulgated for the purpose of assessing whether juror note taking in criminal cases is beneficial to the system of justice in Pennsylvania.] This rule was originally adopted as a temporary rule for the purpose of assessing whether juror note taking in criminal cases is beneficial to the system of justice in Pennsylvania. As the rule has found favor with the bench, bar, and public, the sunset provision of paragraph (C) has been rescinded and the rule has been made permanent.

*      *      *      *      *

   Official Note: Rule 1113 adopted January 24, 1968, effective August 1, 1968; renumbered Rule 644 and Comment revised March 1, 2000, effective April 1, 2001. Rule 644 rescinded June 30, 2005, effective August 1, 2005. New Rule 644 adopted June 30, 2005, effective August 1, 2005[.]; amended ____ , 2008, effective ____ , 2008.

Committee Explanatory Reports:

   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).

   Final Report explaining the provisions of new Rule 644 allowing note taking by jurors published with the Court's Order at 35 Pa.B. 3917 (July 16, 2005).

   Report explaining the proposal to make permanent the provisions of Rule 644 allowing note taking by jurors published at 38 Pa.B. 1817 (April, 2008).

REPORT

Amendments to Pa.R.Crim.P. 644

NOTE TAKING BY JURORS

   Rule 644 was adopted on June 30, 2005, effective August 1, 2005, as a temporary measure, due to expire three years after the effective date.

   During the time since the adoption of this temporary rule, the Committee has received nothing but positive comments on the procedure from several sources. First, during the three-year trial period, as part of the regularly scheduled Committee meetings, the Committee hosted several ''Meet the Judges'' sessions. All the judges who participated in these sessions were asked about their experience with juror note taking. Their comments were uniformly positive and in favor of making the rule permanent. Additionally, the Committee members reported anecdotally that communications with the bench and bar have been uniformly positive. Finally, the Committee Staff has tracked press reports regarding cases using juror note taking and these too have been positive.

   With the impending expiration of Rule 644 in August 2008, the Committee intends to recommend that the rule be made permanent. This would be accomplished by deleting paragraph (C) that contains the ''sunset'' provision. Additional language comparable to the 2005 Explanatory Comment to Civil Rule 223.2, added when juror note taking in civil cases was made permanent, would be added to the Comment to elaborate on this point.

[Pa.B. Doc. No. 08-723. Filed for public inspection April 18, 2008, 9:00 a.m.]

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