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PA Bulletin, Doc. No. 23-41

THE COURTS

Title 255—LOCAL COURT RULES

SOMERSET COUNTY

Criminal Division; Administrative Order 14 of 2022

[53 Pa.B. 326]
[Saturday, January 14, 2023]

Administrative Order

 And Now, this 29th day of December 2022, pursuant to Rule 103 of the Pennsylvania Rules of Judicial Administration, it is hereby ordered that this Administrative Order is hereby adopted to read as follows hereto.

 The Court Administrator's office is directed as follows:

 (1) Distribute two (2) copies and CD-ROM of the Local Rule shall be distributed to the Legislative Reference bureau for publication in the Pennsylvania Bulletin.

 (2) Email copy to the Administrative Office of Pennsylvania Courts: adminrules@pacourts.us.

 (3) One certified copy shall be sent to the Somerset County Law Library and the Editor of the Somerset Legal Journal.

 (4) Publish a copy of the local Rule on the County Website.

 (5) Adoption of these rules shall go into effect 30 days after publication in the Pennsylvania Bulletin, with the court putting them into practice with April 2023 Call of the Criminal List.

By the Court

D. GREGORY GEARY, 
President Judge

Rule 1030. Criminal Case Scheduling. Arraignment.

 Arraignment shall be held on the arraignment dates specified on the court calendar, or any other day by special arrangement with the court through the Court Administrator or Motions Judge.

 (Adopted December 29, 2022, effective 30 days after publication in the Pennsylvania Bulletin.)

Rule 1031. Criminal Trial Scheduling. Trial List. Notice.

 A. The District Attorney shall prepare and disseminate to court personnel and trial counsel at least fourteen (14) days before the scheduled call of the list, a criminal trial list in court approved form of all cases available for trial at the current term.

 B. At least ten (10) days before the scheduled call of the list, the Court Administrator shall prepare a Notice to Appear and serve it by U.S. mail or courthouse mailbox on all defendants and counsel of record named on the District Attorney's list.

 (Adopted December 29, 2022, effective 30 days after publication in the Pennsylvania Bulletin.)

Rule 1032. Call of the Criminal Trial List. Pleas and Continuances.

 A. The call of the criminal list shall be held on the dates specified on the court calendar.

 B. At the call of the list, defendants may enter either a plea of not guilty or guilty, or the court may continue the case upon written request of either party, preferably submitted in advance of the date of call of the list.

 C. The District Attorney shall prepare and disseminate to court personnel and trial counsel no more than two (2) days after call of the list has been completed, a list of all defendants who have entered pleas of not guilty during the current term.

 (Adopted December 29, 2022, effective 30 days after publication in the Pennsylvania Bulletin.)

Rule 1033. Criminal Trials. Scheduling Conference.

 A. A scheduling conference shall be held on the Tuesday preceding the beginning of the trial session. All trial counsel must, unless excused by the court for cause, be present to report on scheduling and trial readiness.

 B. For each case on the list, trial counsel shall report the case as ''trial unlikely'', ''not ready for trial'' or ''ready for trial'', and if ready, the number of days necessary to complete the trial. A report of ''trial unlikely'' means that the defendant has accepted a Commonwealth plea offer and the case is ready to be scheduled for a guilty plea. A report of ''ready for trial'' is a certification that all crucial witnesses are available during the trial term and there are no known impediments to trial. A report of ''not ready for trial'' shall be accompanied by the reporting party's written request for continuance.

 C. Trial counsel may submit to the Court Administrator dates of unavailability for themselves and their witnesses. The Court Administrator shall attempt to accommodate such requests when reasonably possible.

 D. The District Attorney may submit to the Court Administrator a list of cases for which he/she seeks high priority in scheduling. The Court Administrator shall accommodate high priority requests when reasonably possible.

 (Adopted December 29, 2022, effective 30 days after publication in the Pennsylvania Bulletin.)

Rule 1034. Criminal Trial Schedule. Jury Selection.

 Not later than Thursday of the week preceding the beginning of the trial term, the Court Administrator shall issue a criminal trial schedule for the trial term. Jury selection shall take place on the first day of each week of the trial term on the dates specified on the court calendar.

 (Adopted December 29, 2022, effective 30 days after publication in the Pennsylvania Bulletin.)

[Pa.B. Doc. No. 23-41. Filed for public inspection January 13, 2023, 9:00 a.m.]


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