THE COURTS
LANCASTER COUNTY
Amendment of Rule 570A and Abolishment of Rules 570B and 570C of Local Rules of Criminal Procedure; CPJ. No. 7, Page 1357; No. 7 AD 2017
[47 Pa.B. 828]
[Saturday, February 11, 2017]
Administrative Order And Now, this 24th day of January 2017, it is hereby
Ordered, to be effective 30 days after publication in the PA Bulletin, the Lancaster County Court of Common Pleas adopts the following local rules governing amendment of Rule 570A and abolishment of Rules 570B and 570C for the 2nd Judicial District.
The Lancaster County District Court Administrator is Ordered to do the following:
1. File one (1) copy to the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.
2. File two (2) paper copies and one (1) electronic copy in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Publish these Rules on the Lancaster County Court website at www.court.co.lancaster.pa.us.
4. Incorporation of the local rule into the set of local rules on www.court.co.lancaster.pa.us within thirty (30) days after the publication of the local rule in the Pennsylvania Bulletin.
5. File one (1) copy of the local rule in the appropriate filing office for public inspection and copying.
By the Court
DENNIS E. REINAKER,
President JudgeL.C.R.Crim.P. No. 570A. Status Conference.
A. Scheduling of Status Conference
1. Within 45 days of the arraignment conducted in accordance with Local Rule 571, each case in which an Information has been issued and which has not already been disposed of by, nolle prosequi, or other final action, shall be assigned to a judge and scheduled for a status conference.
2. The District Court Administrator shall provide notice of the status conference to counsel no later than seven days before the conference and shall provide notice to pro se defendants pursuant to Pa.R.Crim.P. 114.
3. The appearance of the assigned attorney for the Commonwealth and the defense attorney or the pro se defendant shall be mandatory. The status conference shall take place in open court, unless agreed by the defendant to be in chambers.
4. No status conference may be continued or rescheduled absent compelling reasons and with the approval of the judge to whom the case has been assigned.
B. Information Provided at Status Conference
1. The general purpose of the status conference is to determine the likely disposition of the assigned case prior to the Pretrial conference conducted in accordance with Local Rule 570B. Accordingly, at the time of the status conference the parties shall be prepared to provide, at a minimum, the following information: (1) whether the case is scheduled, or will be scheduled, for a guilty plea or Accelerated Rehabilitative Disposition; (2) whether all discovery has been provided in accordance with the Pennsylvania Rules of Criminal Procedure; (3) whether all Pretrial motions have been timely filed; and (4) any additional information necessary for the court to complete the Status Conference Order.
2. A pro se defendant who does not intend to remain pro se throughout the pendency of the case shall advise the court at the status conference of the status of the defendant's efforts to secure legal representation.
C. Failure to Appear for Status Conference
1. If a pro se defendant fails to appear for a duly scheduled and noticed status conference, the court may, in its discretion, issue a bench warrant and forfeit bail.
2. If an attorney for the Commonwealth or defense attorney fails to appear for a duly scheduled and noticed status conference, the court may take such disciplinary action as it deems appropriate, including, but not limited to, disciplinary action under the Rules of Professional Conduct or instituting proceedings for contempt.
D. Order Following Status Conference
1. At the conclusion of the status conference the court shall enter a Status Conference Order reflecting the disposition of the case as represented by the parties (e.g., guilty plea, nolo contendere plea, ARD or nolle prosequi), or if the matter shall be scheduled for a subsequent Status Conference, or if the matter is to be listed for trial, or if a bench warrant has been issued and bail has been forfeit.
2. The completed Status Conference Order shall be filed with the Clerk of Courts at the conclusion of the status conference.
E. Listing Matter for Trial
1. Any case to be listed for trial shall be scheduled for the Friday immediately preceding the anticipated trial week.
2. A Call of the Criminal Trial List shall occur for cases remaining on the trial list as of the Friday immediately preceding the trial week. The purpose of this call of the list shall be to establish a trial priority for the following week as well as to dispose of any outstanding cases by way of guilty plea, nolo contendere plea, ARD or nolle prosequi.
3. Any case not resolved by the date of its initial Call of the Criminal Trial List shall thereafter remain exclusively with the assigned judge for disposition.
4. The appearance of the assigned attorney for the Commonwealth, the defense attorney, and the defendant, whether pro se or represented by counsel shall be mandatory unless excused by the assigned judge. The Call of the Criminal Trial List shall take place in open court, unless agreed by the defendant to be in chambers.
Revised 9-19-16 Effective 3-13-17
L.C.R.Crim.P. No. 570B.
[This rule has been rescinded in its entirety.]
Revised 9-19-16 Effective 3-13-17
L.C.R.Crim.P. No. 570C.
[This rule has been rescinded in its entirety.]
Revised 9-19-16 Effective 3-13-17
[Pa.B. Doc. No. 17-229. Filed for public inspection February 10, 2017, 9:00 a.m.]
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