THE COURTS

Title 234—RULES OF CRIMINAL PROCEDURE

[ 234 PA. CODE CHS. 1 AND 8 ]

Order Amending the Comments to Rules 120 and 801 of the Rules of Criminal Procedure; No. 442 Criminal Procedural Rules Doc.

[43 Pa.B. 7545]
[Saturday, December 28, 2013]

Order

Per Curiam

 And Now, this 10th day of December, 2013, the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of efficient administration, and a Final Report to be published with this Order:

 It Is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania that amendments of the Comments to Pennsylvania Rules of Criminal Procedure 120 and 801 are approved in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective February 10, 2014.

Annex A

TITLE 234. RULES OF CRIMINAL PROCEDURE

CHAPTER 1. SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES

PART B. Counsel

Rule 120. Attorneys—Appearances and Withdrawals.

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Comment

 Representation as used in this rule is intended to cover court appearances or the filing of formal motions. Investigation, interviews, or other similar pretrial matters are not prohibited by this rule.

 For admission pro hac vice, see Pa.B.A.R. 301.

 An attorney may not represent a defendant in a capital case unless the attorney meets the educational and [experiental] experiential requirements set forth in Rule 801 (Qualifications for Defense Counsel in Capital Cases).

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 Official Note: Adopted June 30, 1964, effective January 1, 1965; formerly Rule 303, renumbered Rule 302 and amended June 29, 1977 and November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; amended March 22, 1993, effective January 1, 1994; renumbered Rule 120 and amended March 1, 2000, effective April 1, 2001; Comment revised February 26, 2002, effective July 1, 2002; Comment revised June 4, 2004, effective November 1, 2004; amended April 28, 2005, effective August 1, 2005; amended December 10, 2013, effective February 10, 2014.

Committee Explanatory Reports:

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 Final Report explaining the December 10, 2013 change to the Comment published with the Court's Order at 43 Pa.B. 7546 (December 28, 2013).

CHAPTER 8. SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED

PART A. Guilt and Penalty Determination Procedures

Rule 801. Qualifications for Defense Counsel in Capital Cases.

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Comment

 The purpose of this rule is to provide minimum uniform statewide standards for the experience and education of appointed and retained counsel in capital cases, to thus ensure such counsel possess the ability, knowledge, and experience to provide representation in the most competent and professional manner possible. These require-ments apply to counsel at all stages of a capital case, including pretrial, trial, post-conviction, and appellate.

 The educational and experience requirements of the rule may not be waived by the trial or appellate court. A court may allow representation by an out-of-state attorney pro hac vice, if satisfied the attorney has equivalent experience and educational qualifications, and is a member in good standing of the Bar of the attorney's home jurisdiction. See Pa.B.A.R. 301.

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 Official Note: Adopted June 4, 2004, effective November 1, 2004; amended April 13, 2007, effective immediately; amended October 1, 2012, effective November 1, 2012; amended December 10, 2013, effective February 10, 2014.

Committee Explanatory Reports:

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 Final Report explaining the December 10, 2013 change to the Comment published with the Court's Order at 43 Pa.B. 7546 (December 28, 2013).

FINAL REPORT¹

Revision to the Comments to Pa.Rs.Crim.P. 120 & 801

Cross-References to Pro Hac Vice
Bar Admission Rule

 On December 10, 2013, effective February 10, 2014, the Court adopted the revision to the Comments to Rules of Criminal Procedure 120 and 801, adding a cross-reference to Pennsylvania Bar Admission Rule 301 concerning pro hac vice admissions.

 Concomitantly with this revision, Pennsylvania Bar Admission Rule 301 will be amended to incorporate the motion procedure set forth in Pennsylvania Rule of Civil Procedure 1012.1, as amended, for all candidates seeking admission pro hac vice in Pennsylvania. This amendment is intended to create a uniform statewide procedure for the pro hac vice admission process.

 In addition, Pennsylvania Bar Admission Rule 301 will require:

In capital cases, wherein the applicant seeks pro hac vice admission as defense counsel, the requirements of Pennsylvania Rule of Civil Procedure 1012.1(c) shall be supplemented to demonstrate compliance with the requirements of Pennsylvania Rule of Criminal Procedure 801 (Qualifications for Defense Counsel in Capital Cases).

 Pa.B.A.R. 301(b)(2)(iii) (effective February 10, 2014). Reference to Pa.R.Crim.P. 801 within the Bar Admission Rule is intended give notice to applicants and sponsors of pro hac vice admissions of the additional qualifications necessary in capital cases.

[Pa.B. Doc. No. 13-2421. Filed for public inspection December 27, 2013, 9:00 a.m.]

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¹  Final Reports should not be confused with the official Comments to the rules. Also note that the Supreme Court does not adopt the Comments or the contents of the explanatory Final Reports.

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