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PA Bulletin, Doc. No. 99-927

THE COURTS

FRANKLIN AND FULTON COUNTIES

Adoption of Local Criminal Action Rules 39-1107; Miscellaneous Docket, Volume 5, Page 250

[29 Pa.B. 2995]

Order

   May 25, 1999, the following Criminal Action Rule is adopted for the Court of Common Pleas of the 39th Judicial District of Pennsylvania, both the Franklin and Fulton County Branches: 39-1107 to be effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

JOHN R. WALKER,   
President Judge

39th Jud. Dist. R. Crim. P. 39-1107.

Juror Information Questionnaires.

   1107.1  General. Confidential Juror Information Questionnaires (''questionnaires'') will be maintained securely in the office of the court-appointed official custodian. The questionnaires shall not constitute a public record.

   1107.2  Copies. Complete and accurate copies of the original questionnaires (''copies'') shall be collated into numbered binders which shall be available only to judges, attorneys for the Commonwealth and defendants' attorneys. Attorneys and judges may examine copies prior to jury selection by making arrangements with the designated custodian. In the Franklin County Branch, the Court Administrator shall be the official custodian; in the Fulton County Branch, the Clerk of Courts shall be the official custodian. Copies shall be made available and shall be signed out from and returned to the office of the official custodian. Copies shall not constitute public records.

   1107.3  Restrictions. Copies shall not be removed from the designated area except upon prior court order for good cause shown. In the Franklin County Branch, the designated area shall be any floor of the Courthouse or Courthouse Annex on which any courtroom is located; in the Fulton County Branch, the designated area shall be the first and second floors of the Courthouse. Copies shall not be duplicated, distributed or published. Defendants may not be given copies of the questionnaires.

   1107.4  Disposition of Questionnaires and Copies.

   (A)  Impaneled jurors; original questionnaires. All original questionnaires of all impaneled jurors shall be retained by the Court Administrator in a sealed file and shall not be destroyed until the commencement of the trial term one (1) year after the trial term in which they were selected, unless otherwise ordered by the Court.

   (B)  Impaneled jurors; copies. At the completion of selection of all juries for each trial term, all copies shall be returned to the trial judge and destroyed, unless otherwise ordered by the trial judge upon timely request of any defendant, any defendant's attorney, or the attorney for the Commonwealth.

   (C)  Jurors not impaneled. All originals and all copies of questionnaires of all prospective jurors not impaneled and not selected for any trial service shall be destroyed upon completion of the jurors' service.

   1107.5 Supplemental Questionnaire. The Court Administrator is hereby authorized to require the completion of a supplemental confidential juror information questionnaire, in addition to the standard, confidential juror information questionnaire mandated by Pa.R.Crim.P. 1107.

   1107.6 Completion of Questionnaires and Supplemental Questionnaires. The Court Administrator of the judicial district shall develop appropriate procedures for distributing or mailing, collecting, collating, copying, maintaining, securing and destroying questionnaires, supplemental questionnaires and all copies, as provided and required by law. In addition, the Court Administrator shall develop an information sheet advising jurors of the procedures for maintaining confidentiality of the questionnaires.

[Pa.B. Doc. No. 99-927. Filed for public inspection June 11, 1999, 9:00 a.m.]



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