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PA Bulletin, Doc. No. 16-314

THE COURTS

Title 255—LOCAL
COURT RULES

BEAVER COUNTY

Local Criminal Rule 590; No. AD 10 of 2016

[46 Pa.B. 987]
[Saturday, February 27, 2016]

Administrative Order

February 4, 2016

 It is hereby Ordered and Directed that:

 1. The District Court Administrator's Office shall not list a case for Plea and Sentence on an Expedited List unless counsel for the Commonwealth and counsel for the Defendant have filed with said Office:

 A. A written Plea Memo signed by both counsel, the Defendant, the victim (if any) and the Prosecuting Officer;

 B. A printed record of the Defendant's prior criminal history (if any), which shall not be filed with the original records in the Clerk of Courts Office; and

 C. Printed Sentencing Guidelines.

 2. The District Court Administrator's Office shall not list a case for Accelerated Rehabilitative Disposition consideration on an Expedited List unless counsel for the Commonwealth and counsel for the Defendant have filed with said Office:

 A. A written Memo signed by both counsel, the Defendant, the victim (if any) and the Prosecuting Officer. The victim's signature may be waived by the Court if the Prosecutor (as an officer of the Court) assures the Court of the victim's consent by means other than the victim's signature. The Memo must contain language to the affect that the District Attorney's Office has conducted a search of the Defendant's prior criminal record with negative results.

 3. In every criminal case listed for Judicial Pre-Trial Conference by the District Court Administrator's Office or by Court Order, the Prosecuting Attorney is required to file the following documentation at the scheduled Judge's Chambers, with a copy to counsel for the Defendant, not less than 24 hours prior to the scheduled Pre-Trial Conference:

 A. A printed record of the Defendant's prior criminal history (if any), which shall not be filed with the original records in the Clerk of Courts Office;

 B. Printed Sentencing Guidelines; and

 C. The Prosecutor's offer to settle the case prior to Bench or Jury Trial (if any).

 4. The District Court Administrator's Office shall not list a case for Plea and Sentence or Accelerated Rehabilitative Disposition consideration on a Special Plea List unless counsel for the Commonwealth and counsel for the Defendant have filed with said Office:

 A. A written Plea Memo signed by both counsel, the Defendant, the victim (if any) and the Prosecuting Officer. The victim's signature may be waived by the Court if the Prosecutor (as an officer of the Court) assures the Court of the victim's consent by means other than the victim's signature. The Plea Memo must contain language to the affect that the District Attorney's Office has conducted a search of the Defendant's prior criminal record with negative results.

 B. A printed record of the Defendant's prior criminal history (if any), which shall not be filed with the original records in the Clerk of Courts Office; and

 C. Printed Sentencing Guidelines.

 The District Court Administrator is Directed to publish this Administrative Order in the Pennsylvania Bulletin, file one (1) certified copy with the Administrative Office of Pennsylvania Courts, and publish a copy on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

 This Administrative Order shall be effective thirty (30) days after publication in the Pennsylvania Bulletin and shall be filed of record in the Office of the Clerk of Courts of Beaver County. Copies shall be served upon the District Attorney of Beaver County and the Public Defender of Beaver County. Copies shall also be filed with and maintained in the Beaver County Law Library and the Office of the Beaver County District Court Administrator, where they shall be available to members of the Defense Bar and the public free of charge.

By the Court

JOHN D. McBRIDE, 
President Judge

[Pa.B. Doc. No. 16-314. Filed for public inspection February 26, 2016, 9:00 a.m.]


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