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PA Bulletin, Doc. No. 18-1854

THE COURTS

Title 255—LOCAL COURT RULES

ERIE COUNTY

Local Rules of Criminal Procedure 590 and 700; Doc. No. 32-2018

[48 Pa.B. 7398]
[Saturday, December 1, 2018]

Order

 And Now, to wit, this 8th day of November, 2018, it is hereby Ordered, Adjudged, and Decreed that former Erie County Local Rule of Criminal Procedure 590 has been revised, as set forth as follows. Additionally, Erie County Local Rule of Criminal Procedure 700 has been approved. In accordance with Pennsylvania Rule of Judicial Administration 103(d), Erie County Local Rules of Criminal Procedure 590 and 700 shall be effective 30 days following publication in the Pennsylvania Bulletin and on the Erie County website at https://www.eriecountypa.gov/courts/courts-info/local-rules.

JOHN J. TRUCILLA, 
President Judge

Rule 590. Pleas and Plea Agreements.

 A defendant may enter a plea of guilty or, with the consent of the judge, nolo contendere pursuant to a plea agreement at any time prior to the verdict.

 If a defendant enters a plea of guilty or, with the consent of the judge, nolo contendere before the Court no later than ten (10) days after arraignment, the defendant may have the option of assignment to another judge of the trial division, other than the original assigned judge, for purposes of sentencing.

 If a defendant applies for ARD/PWOV or Treatment Court programs within ten (10) days after arraignment but the application is denied, the defendant may enter a plea of guilty or, with the consent of the judge, nolo contendere before the Court no later than ten (10) days after the denial of the application and may have the option of assignment to another judge of the trial division, other than the original assigned judge, for purposes of sentencing.

Rule 700. Sentencing Judge.

 A sentence on a plea of guilty or nolo contendere may be imposed by a judge other than the judge who received a plea of guilty or nolo contendere. In such event, the defendant must be so notified at the time of making the plea. See Pa.R.Crim.P. 700(B). The defendant shall have the option, with the consent of the judge, to be immediately sentenced by the judge taking the plea; however, if the sentence is deferred, the sentence shall be imposed by the judge who was originally assigned the case.

 In the event a defendant enters a plea of guilty or nolo contendere within (10) days after arraignment or refusal from the ARD/PWOV or Treatment Court programs, the post-arraignment plea judge shall be responsible for sentencing the defendant.

[Pa.B. Doc. No. 18-1854. Filed for public inspection November 30, 2018, 9:00 a.m.]


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