THE COURTS
Title 255--LOCAL
COURT RULES
CARBON COUNTY
Adoption of New Local Rules of Criminal Procedure and Revocation of All Old Local Rules of Criminal Procedure; No. 103 MI 00
[31 Pa.B. 1326]
Amended Administrative Order No. 8-2000 And Now, this 20th day of February, 2001, it is hereby Ordered and Decreed that the following rules for Criminal Procedure in the 56th Judicial District composed of Carbon County be, and the same are, promulgated herewith, to become effective April 1, 2001, and that the present Carbon County Rules of Criminal Procedure are revoked, effective April 1, 2001.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Criminal Procedural Rules Committee.
4. Forward one (1) copy for publication in the Carbon County Law Journal.
5. Forward one (1) copy to the Carbon County Law Library.
6. Keep continuously available for public inspection copies of the Order in the Clerk of Court's Office.
By the Court
RICHARD W. WEBB,
President JudgeI. General Provisions
Rule No. Rule Rule 102.1 Citing the Criminal Procedural Rules Rule 106.1 Continuances in misdemeanor, felony, and summary appeal cases Rule 106.2 Reasons for continuances in felony, and summary appeal cases Rule 106.3 Continuances of preliminary hearings before District Justices Rule 120.1 Entry of appearance and withdrawal Rule 122.1 Compensation rates for court-appointed conflict counsel Rule 132.1 Continuous availability and temporary assignment of issuing authorities II. Investigations
Rule No. Rule Rule 202 Approval of search watrant application by attorney for Commonwealth--local option III. Accelerated Rehabilitative Disposition
Rule No. Rule Rule 311.1 A.R.D. Program Rule 320.1 Automated Expungement under the Accelerated Rehabilitative Disposition Program V. Pretrial Procedures in Court Cases
Rule No. Rule Rule 507.1 Approval of police complaints and arrest warrant affidavits by attorney for the Commonwealth--local option Rule 518.1 Arrest w/o warrant Rule 528.1 Valuation of bail bonds Rule 528.2 Ten percent (10%) cash bail Rule 528.3 Realty as bail Rule 528.4 Justification of personal surety Rule 528.5 Qualification of Surety Rule 528.6 Corporate Surety Rule 529.1 Bail Reduction Rule 535.1 Receipt Rule 535.2 Disposition of Bail--Administrative Fee Rule 535.3 Disposition of Bail Deposited by Defendant Rule 535.4 Disposition of Bail Deposited by a Third Party Rule 535.5 Authorization to Pay Attorney Rule 535.6 Removal of Judgment Indexed Against Realty Rule 535.7 Notice to Person Posting Bail Rule 560.1 Information: Filing, contents, function Rule 570.1 Pretrial Conference Rule 571.1 Arraignment and waiver of arraignment in non-capital cases Rule 573.1 Pre-Trial Discovery and Inspection Rule 574.1 Motions & Petitions Procedure Rule 574.2 Pro Se Filings Rule 578.1 Omnibus Pre-Trial Motions Rule 578.2 Pre-Trial Pro se Motions Rule 578.3 Arguments Rule 590.1 Guilty Plea Colloquy Form VI. Trial Procedures in Court Cases
Rule No. Rule Rule 600.1 Call of the List Rule 602.1 Transportation Order Rule 602.2 Interpreters Rule 646.1 Admission and Custody of Exhibits VII. Post-Trial Procedures in Court Cases
Rule No. Rule Rule 702.1 Presentence Procedures Rule 708.1 Petition for Parole Rule 708.2 Violation of Probation, Parole, or ARD Rule 708.3 Arrest and Processing of Probation/Parole Violators Rule 720.1 Post-Sentence Motions Rule 720.2 Appeals to Supreme, Superior and Commonwealth Court Addenda
Form No. Form Form I Continuance Form Form II Criminal Division Motion Court Cover Sheet Form III Stipulation to the Revocation of ARD Form IV Appellate Rights of Defendant After Sentencing Form V Megan's Law Supplement to Guilty Plea Colloquy Administrative Criminal Case Management Plan
I. General Provisions
Rule 102.1. Citing the Criminal Procedural Rules.
All criminal procedural rules adopted by the Court of Common Pleas of Carbon County under the authority of Pa.R.Crim.100(B) shall be known as the Carbon County Rules of Criminal Procedure and shall be cited as ''CARB.C.R.CRIM.P. _______ .''
Rule 106.1. Continuances in Misdemeanor, Felony, and Summary Appeal Cases.
(A) Continuances shall be submitted to the filing office in writing on the form approved by the Court attached hereto and made a part hereof and marked ''Exhibit I'', without the necessity of formal presentation to the Court.
(B) After the continuance is filed and time stamped, it shall be forwarded by the filing office to the Motions and Petitions Coordinator in the Office of Court Administration for Court action and/or scheduling. Following Court action, the Motions and Petitions Coordinator shall return the Application for Continuance to the filing office for filing, docketing, and mailing.
(C) Uncontested continuances will be accepted by mail or electronically provided they are received at least three (3) working days in advance of the scheduled event. If the continuance is filed less than three (3) working days before the scheduled event, the attorney will be required to personally present it to the Motions and Petitions Coordinator for processing. If the continuance is granted, applying counsel has the duty to timely notify all other counsel or pro se defendants.
(D) Contested continuances must be presented in the Court Administration Office. Notice of presentation of the contested continuance must be given to opposing counsel at least three (3) days prior to presentation. The assigned Judge will conduct a telephone conference, which will be arranged by presenting counsel.
(E) In all cases where the effect of the continuance by the defendant would extend the time of trial beyond the time requirements of Pa.R.Crim.P. No. 600, the defendant shall appear in Court with Counsel to waive the time requirements under said rule and to agree that his case may be called at a specific time to be fixed by the Court.
Rule 106.2. Reasons for Continuances in Felony and Misdemeanor Cases.
(A) No criminal trial shall be continued except for the following reasons:
1) Prior commitment in the Supreme, Superior, or Commonwealth Court of Pennsylvania or any other appellate court.
2) Incapacitating illness of defense counsel, Commonwealth Attorney, the defendant or an essential witness for either the prosecution or the Defense.
3) Death in the immediate family of defense counsel, Commonwealth Attorney, the defendant or an essential witness for either the prosecution or the defense.
4) Recusal of the Trial Judge.
5) Defense counsel's prior attachment or actual engagement in a trial in a Court of record.
6) Counsel unprepared for trial because recently retained, but only at the first listing.
7) Proceedings are stayed by order of an Appellate Court.
8) Discovery incomplete or outstanding pretrial motions, provided the application for a continuance on these grounds is made at least two days prior to the date of trial.
9) Unavailability of defendant's Court-ordered mental health evaluation where insanity or competency to stand trial is in issue.
10) Unavailability of a ballistics, breathalyzer or drug analysis report prepared by the Police Department, but only at the first listing.
(B) Definitions:
1) Incapacitating illness--A physical or mental impairment so severe that it prevents a person from attending trial.
2) Essential Witness--One whose testimony at trial is indispensable in determining guilt or innocence.
3) Engaged in trial in a Court or record that is commenced, but not completed, prior to or on the date of the trial for which a continuance is requested.
Rule 106.3. Continuances of Preliminary Hearings Before District Justices.
(A) A District Justice may grant continuances of the preliminary hearing upon the request either of the defendant or the Commonwealth provided that the aggregate number of days included in such continuances be limited to the minimum period necessary and do not in any event exceed twenty-one (21) days from the date upon which the preliminary hearing was first scheduled.
(B) If a continuance is granted pursuant to (A) hereof, the Order of Court granting the same shall set a time at which the preliminary hearing shall be held.
Rule 120.1. Entry of Appearance and Withdrawal.
(A) After a case has been returned to court, any motion filed by counsel shall be deemed an entry of appearance.
(B) Where counsel has entered an appearance, counsel's representation of the defendant shall be effective until sentencing has been imposed.
Rule 122.1. Compensation Rates for Court-Appointed Conflict Counsel.
(A) Non-Homicide Criminal Cases
1) Counsel, not exceeding one, who has been assigned to represent:
(a) a defendant charged with a non-homicide criminal offense;
(b) an individual in any post-conviction proceedings or,
(c) a juvenile formally charged with delinquency, shall, at the conclusion of the representation, or any segment thereof, be compensated for his/her services in such representation and reimbursed for all reasonable expenses advanced by counsel which were necessarily incurred.
2) Upon the conclusion of counsel's representation under this Rule, or any segment thereof, the Judge sitting at the trial of the case, if there is a trial, otherwise, the Judge presiding over the disposition of the matter shall, after the filing of the claim and sworn statement, allow such counsel all reasonable personal and incidental expenses, and compensation for services rendered.
3) Counsel shall be compensated at a rate not exceeding forty dollars ($40) per hour for time expended in a Court of record and at a rate of thirty dollars ($30) per hour for time reasonably expended out of Court. For representation of a defendant in a case in which one or more felonies are charged or for proceedings under the Post Conviction Hearing Act, the compensation paid to an attorney shall not exceed fifteen hundred dollars ($1,500). In a case in which only misdemeanors or juvenile delinquencies are charged, payment shall not exceed seven hundred and fifty dollars ($750).
4) Payment in excess of the limits stated herein may only be made if the Judge to whom the application is made certifies that, because of extraordinary circumstances set forth, such additional payments are necessary to provide fair compensation for representation.
5)(a) Assigned counsel may also make a written request to obtain investigative, expert, or other services necessary to an adequate defense. Upon finding after proper inquiry that such services are necessary, the Court shall authorize counsel to obtain such services on behalf of a defendant. The compensation paid to a person for such services rendered to a defendant shall not exceed five hundred dollars ($500).
(b) In order to expedite reimbursement to counsel for services rendered by investigators or other experts authorized by the Court, at the conclusion of such expert services rendered on behalf of the defendant, counsel may submit a Petition and Order for reimbursement to counsel of such expert fees. Said Petition and Order shall be submitted to either the Trial Judge, if there is a trial, or to the Judge presiding over the disposition of the matter and may be submitted at any stage of the proceedings. The Petition and Order for reimbursement must contain all information and exhibits relevant to the reimbursement of expenses. Upon submission by counsel of the Petition and Order for reimbursement, the appropriate Judge shall immediately review the Petition and Order for reimbursement, the appropriate Judge shall immediately review the Petition and order payment to counsel of such expert fees as are considered reasonable and necessary.
6) Counsel so assigned shall not, except with prior approval of the Court, receive or contract to receive directly or indirectly, any compensation for such services or reimbursement for expenses from any source other than herein provided.
7) Counsel shall be appointed under this Rule only when, because of conflict of interest or other sufficient reason, the individual cannot properly be represented by the Public Defender.
(B) Homicide Cases
1) Counsel appointed shall not exceed one, except that in cases of extreme complexity or where the Trial Judge may, after consultation with, and the consent of the President Judge, appoint co-counsel.
2)a) Assigned counsel may also petition the Court to obtain investigative, expert, or other services necessary to an adequate defense. Upon finding, after proper inquiry, that such services are necessary, the court, by written order, shall authorize counsel to obtain such services on behalf of a defendant.
3) In order to expedite reimbursement to counsel for services rendered by investigators or other experts authorized by the court at the conclusion of such expert services rendered on behalf of the defendant, counsel may submit a Petition and Order for reimbursement to counsel of such expert fees. Said Petition and Order shall be submitted to the Trial Judge, and may be submitted at any stage of the proceedings. The Petition and Order for reimbursement must contain all information and exhibits relevant to the reimbursement of expenses. Upon submission by counsel of the Petition and Order for reimbursement, the appropriate Judge shall immediately review the Petition and authorize payment to counsel of such expert fees as are considered reasonable and necessary. The reviewing Judge will then forward the Petition and Order for reimbursement to the Court Administrator for payment.
4) Upon the conclusion of counsel's representation under this Rule, or any segment thereof, the Judge sitting at the trial of the case, if there is a trial, otherwise, the Judge presiding over the disposition of the matter, shall, after the filing of the claim and sworn statement, allow such counsel all reasonable personal and incidental expenses, and compensation for services rendered.
5) Counsel shall be compensated for services rendered at a rate not exceeding fifty dollars ($50) per hour for time reasonably expended in Court, and forty dollars ($40) per hour for time reasonable expended out of Court. Such compensation shall not exceed four thousand dollars ($4,000) where one counsel has been assigned, and shall not exceed a total of six thousand ($6,000) where two counsel have been assigned. Payment in excess of the limits stated herein may only be made if the Court, to whom the application is made, finds that because of extraordinary circumstances set forth, such additional payments are necessary to provide fair compensation for representation.
6) Counsel so assigned must file with the Judge an affidavit that he has not, directly or indirectly, received, nor entered into a contract to receive, any compensation for such services from any source other than herein provided.
(C) Duration of Appointments
Appointments made pursuant to this rule shall continue through all stages of the proceedings.
(D) Payment
Such allowance of expenses and compensation under this Rule shall be a charge upon the County of Carbon, to be paid by the County upon Order of the appropriate Judge.
Rule 132.1. Continuous Availability and Temporary Assignment of Issuing Authorities.
The continuous availability of an issuing authority in Carbon County shall be arranged by the Court Administrator and all issuing authorities within the County. A rotating schedule of availability shall be maintained wherein each issuing authority will be available for duty on an equal time basis with every other issuing authority. A copy of the schedule of availability shall be provided to all law enforcement agencies within Carbon County, the District Attorney, and the Warden of the Carbon County Correctional Institution.
II. Investigations
Rule 202. Approval of Search Warrant Application by Attorney for Commonwealth--Local Option.
The District Attorney of Carbon County, having filed on January 22, 2001, a certification pursuant to Pa.R.Crim.P. 202(A), search warrants in all circumstances shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.
III. Accelerated Rehabilitative Disposition
Rule 311.1. A.R.D. Program.
(A) When scheduling a Preliminary Hearing, the District Justice Office shall forward an application for the ARD program and Prior Criminal Record Statement to the defendant along with the Criminal Complaint, Arrest Warrant Affidavit, Notice of Hearing, Carbon County Public Defender Guidelines, Summons, Fingerprint Order Card, and for DUI Cases, Explanation of Accelerated Rehabilitation Program for Driving Under the Influence Offenders.
(B) The defendant shall complete and return the application for ARD and Prior Criminal Record Statement on the date of the Preliminary Hearing.
(C) If the District Attorney approves the application for ARD, defendant, defendant's counsel, and the Commonwealth attorney shall execute a Stipulation.
(D) If the defendant is charged with a violation of Section 3731 of the Vehicle Code, defendant, defendant's counsel, and the Commonwealth attorney shall execute an Explanation of Accelerated Rehabilitation Program for Driving Under the Influence Offenders (ARD) and Waiver of Rights Form.
(E) If a DUI/ARD has been negotiated, telephonic arrangements shall be made by the Secretary in the District Justice Office for scheduling of the CRN test, and the defendant shall be provided with a written notice of his CRN schedule date and shall acknowledge that date and time in writing.
(F) The District Justice shall schedule the case according to the annual criminal case scheduling grid.
(G) The Court shall assess the defendant an amount of money payable to the County of Carbon to help defray the costs of the Program. The said amount shall be established by the Court from time to time by Administrative Order.
Rule 320.1. Automated Expungement under the Accelerated Rehabilitative Disposition Program.
(A) Disposition
The following procedure shall expedite the final disposition of cases in the Accelerated Rehabilitative Disposition (ARD) Program:
1) The Adult Probation Office shall maintain an alphabetically sequenced file which lists those persons presently under the Accelerated Rehabilitative Disposition (ARD) Program, or having ever participated in such a program.
2) Each month, the Adult Probation Office will create a list of all probationers whose ARD probation period has terminated the previous month. This list will be distributed to the District Attorney.
3) The District Attorney will be responsible for reviewing the list. If the District Attorney has an objection, he must note that objection on the list within thirty (30) days of creation of the list.
4) If a case is reinstated for cause prior to the completion of the stipulated ARD probation period, the District Attorney must notify the Court Calendar Officer so that the case will then be properly relisted for trial.
(B) Expungement
The following procedure shall be effective immediately to automatically expunge the criminal case record for those defendants who have completed the conditions of the ARD Program.
1) At the end of each month, the Adult Probation Office will prepare a list of all cases reaching final disposition under the ARD Program during the month. A copy of the list shall be provided to the District Attorney. The produced list will carry a date on which the cases will be presented to the sentencing judge.
2) The District Attorney will review the listing of potential expungements and present the complete list to the President Judge indicating any cases which he/she feels should not be expunged along with the reason why the expungement should not take place. For proper cause, the case will be deleted from the expungement list by the President Judge.
3) In those cases in which the item is deleted, a letter will be produced and forwarded to the last known address of the defendant and to his attorney-of-record informing each that the case will not be automatically expunged by the Court, but that a petition may be initiated.
The intent of an expungement will be to prevent the inquiry into a person's criminal history of the expunged case by reference to the criminal records of 1) the local police department, 2) the Pennsylvania State Police, 3) the Federal Bureau of Investigation, and 4) the file folders and computer files of the Carbon County Common Pleas Court and District Justice Courts.
4) The procedure to accomplish this will be as follows:
(a) The defendant computer record will be removed from the computer file maintained by the Clerk of Courts Office so that reference to an individual's computer criminal history may not be made from either the computer monitors or current criminal information data base.
(b) At the same time the Court's computer record is expunged as in 4(a) above, an Order will be automatically produced ordering the local police department to destroy all criminal records, fingerprints, photographs, and photographic plates and to update the criminal extract to totally eliminate reference to the expunged incident.
(c) The order in (b) above shall also order the Carbon County Bureau of Collections, the Adult Probation Office, the District Justice Offices, the Pennsylvania State Police and the Federal Bureau of Investigation to destroy all records pertaining to the same arrest.
(d) The order in (b) above shall also order the Court Data Processing Director to remove all references pertaining to the same arrest from the computer indices of the Court of Common Pleas of Carbon County and the District Justices of Carbon County.
(e) A letter shall be automatically produced by the District Attorney and mailed to the local police department and to the last known address of the defendant, informing him or her that the local police department, the Pennsylvania State Police, and the Federal Bureau of Investigation have been ordered to expunge the criminal record for that specific case, that this procedure will be allowed only once in a person's life and that expungement will take place within ninety (90) days of the date of the Expungement Order. A copy of this letter shall also be sent to the defendant's attorney-of-record.
(f) A certification, which states that the destruction of records has taken place as ordered, affixed to the Expungement Order shall be signed and returned by the District Justice and local police department to the Clerk of Courts. Said certification shall also be signed by the Court Data Processing Director. The Clerk of Courts shall then insert a copy of the certification with each appropriate case folder. The applicable case folder shall then be placed in a confidential status.
5) A monthly updated confidential list of completed expungements under this procedure shall be maintained by the Court.
V. Pretrial Procedures in Court Cases
Rule 507.1. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth--Local Option.
(A) The District Attorney of Carbon County, having filed on January 22, 2001 a certification pursuant to Pa.R.Crim.P. 507, criminal complaints by police officers, as defined in the Rules of Criminal Procedures, charging one or more of the following offenses:
Any felony or misdemeanor of the first, second, or third degree.shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing.(B) The District Attorney of Carbon County, having filed on January 22, 2001 a certification pursuant to Pa.R.Crim.P. 507(A), arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedures, charging one or more of the following offenses:
Any felony or misdemeanor of the first, second, or third degreeshall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing.Rule 518.1. Arrest Without Warrant.
Pursuant to the authority set forth in Rule 502 of the Rules of Criminal Procedure, an arresting officer, when the officer deems it appropriate, may promptly release from custody a defendant who has been arrested without a warrant, rather than taking the defendant before the issuing authority, when the following conditions have been met:
1) The most serious offense charged is a misdemeanor of the second degree.
2) The defendant is a resident of the Commonwealth.
3) The defendant poses no threat of immediate physical harm to any other person or to himself or herself.
4) The arresting officer has reasonable grounds to believe that the defendant will appear as required; and
5) The defendant does not demand to be taken before an issuing authority.
Rule 528.1. Valuation of Bail Bonds.
The actual net value of Real Estate securing a bail bond shall be the assessed value of realty deducting therefrom all liens and encumbrances or meet the requirements of Carbon County Rule of Criminal Procedure 528.5.
Rule 528.2. Ten Percent (10%) Cash Bail.
(A) Any defendant who has been properly granted bail may obtain his release from custody as provided herein by (1) depositing with the District Justice or Clerk of Court a sum of money equal to ten percent (10%) of the full amount of bail, but in no event less than fifty dollars ($50), (2) executing a bond in accordance with the requirements set forth in Pa.R.Crim.P.No.526, and (3) processing by the Bail Administrator. A private individual who is not a surety or fidelity company or professional bail bondsman or agent thereof may act as a third-party surety and execute the aforementioned bond on behalf of the defendant. Except as provided in this section, no other individual or business entity may act as a third-party surety.
(B) Upon compliance with all the provisions of this Rule, the defendant shall be released from custody imposed in the criminal charge on which he has made bail.
Rule 528.3. Realty as Bail.
(A) The defendant, or a third party surety as defined in Rule 528.2(A), may post realty as security for bail. In this event, the following must be provided:
1) A written appraisal by a licensed real estate broker in the County in which the property is located.
2) Proof of entry of the bail bond as a lien in favor of the County of Carbon in the Prothonotary's Office of the County in which the property is situated.
3) If the property is mortgaged, a letter from the mortgagee indicating any unpaid balance due.
4) A current lien and judgment search by an attorney or reputable Title Insurance Company.
5) Affidavit of justification of surety as provided in paragraph (d).
(B) Upon review of the above documents, a determination must be made that the actual net value of the property is equal to the amount of the bond. Only after the information requested above is supplied and a determination is made that the actual net value is at least equal to the amount of the bond, will realty be accepted as consideration for bail.
(C) A given piece of realty shall only be used as bail under this rule if it has not been posted or is not presently being used for bail for any other charges for defendants unless allowed by Court Order.
(D) If realty is offered as surety, the owner shall present justification for such by filing an affidavit containing the following information for such surety:
1) Owners name, address, age and occupation.
2) A general description of the real estate which is offered as surety.
3) A statement of the manner in which the title is obtained, including the deed or will book reference of the recording of such instrument of title.
4) A statement of all encumbrances, including taxes upon said real estate.
5) A statement of the assessed market value and any rental being paid.
6) A statement of the assessed market and rental value of the real estate.
7) A statement that the real estate is not being contemplated or actually negotiated for in any sale.
Rule 528.4. Justification of Personal Surety.
In justification of bail, personal surety shall be required to give the following information under oath:
1) Name, address, age, and occupation;
2) A general description of real estate in Carbon County of which the surety is a freeholder.
3) A statement of the manner in which the surety obtained title, and upon failure to produce the evidence of title, the Deed Book or Will Book reference of the recording of the instrument by which the surety obtained title;
4) A statement of all encumbrances, including taxes, upon said real estate.
5) A statement of all other surety undertakings;
6) A statement of the assessed, market, and rental value of the real estate; and
7) A statement that the surety is not contemplating or negotiating the sale of the real estate.
Rule 528.5. Qualification of Surety.
Residents or owners of realty in order to be qualified to act as sureties must own realty within the Commonwealth of Pennsylvania. In all cases of realty owned outside Carbon County, the surety must provide the following:
1) Affidavit of Justification of such surety;
2) Written appraisal by a reputable licensed real estate broker in the county in which the property is situate;
3) Proof of entry of the bond in favor of the Commonwealth in the Prothonotary's Office of the county in which the property is situate;
4) Letter from the mortgage company indicating the unpaid balance due on the mortgage covering the said property, if any;
5) A lien and judgment search by a reputable title insurance company.
Rule 528.6. Corporate Surety.
Every surety company duly authorized to do business in Pennsylvania may become surety on any bond or obligation required to be filed in this Court; provided that a currently effective certificate issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing such right, shall be on file with the Clerk and that no bond shall be executed by any surety company after May 1 of any year until such a certificate issued after March 31 of the same year shall have been filed with the Clerk, and further provided that, with the exception of bonds filed by insurance companies in motor vehicle misdemeanors, any surety company shall be required to post the sum of twenty-five thousand dollars ($25,000) as security with the Clerk of Court.
Rule 529.1. Bail Reduction.
The Bail Administrator shall be given at least twenty-four (24) hours notice of presentation of a petition by defendant to reduce bail in court cases. Defense counsel and the District Attorney shall make an effort to agree on an appropriate amount of bail and any special conditions, the breach of which would result in revocation of bail. If an agreement can not be reached on petition, the Court shall set a time for hearing.
Rule 535.1. Receipt.
At the time of posting of any bail, including percentage bail, but excluding a surety bond, the office at which the bail is posted shall issue to the person posting the bail a receipt itemizing the bail and the fees and costs which will apply in the absence of a violation or forfeiture.
Rule 535.2. Disposition of Bail--Administrative Fee.
The Clerk of Courts shall, within twenty (20) days after full and final disposition of a case in which percentage bail has been posted, retain 20% of the amount deposited, but in no event less than $50.00 as an administrative fee, and shall return the balance to the defendant or his assignee or the third party surety unless the balance is applied to pay a fine and costs of prosecution or to make restitution. This sum shall be considered earned at the time the bail undertaking is executed and money deposited.
Rule 535.3. Disposition of Bail Deposited by Defendant.
If the Court, upon sentence, orders the defendant to pay a fine and costs of prosecution or to make restitution, the Court may order that the amount deposited by the defendant, whether under the percentage cash bail program or otherwise, shall be first applied in the case of percentage bail to the administrative costs of the Clerk of Courts then to any restitution ordered by the Court, then to the fine, if any, and then to other costs ordered by the Court to be paid.
Rule 535.4. Disposition of Bail Deposited by a Third Party.
Where a third party surety has deposited money, under the percentage cash bail program or otherwise, the monies deposited shall be first applied to the administrative costs of the Clerk of Courts. With the voluntary written authorization of the person who deposited the bail, any balance shall then be applied to any restitution ordered by the Court, then to the fine, if any, and then to other costs ordered by the Court to be paid.
Rule 535.5. Authorization to Pay Attorney.
When authorized in writing by the defendant and any third party surety who posted the deposit, whatever balance of such deposit is repayable to the defendant or the third party surety, may be paid to the defendant's attorney of record, upon filing such written authorization with the Clerk of Courts.
Rule 535.6. Removal of Judgment Indexed Against Realty.
The Clerk of Courts shall, within 20 days after the full and final disposition of a case on which realty has been posted as bail, notify the surety to present to the Clerk of Courts for execution by the Clerk of Courts a praecipe to remove the judgment previously entered by the Clerk of Courts.
Rule 535.7. Notice to Person Posting Bail.
Notice of full and final disposition of a case shall be sent by the Clerk of Courts to the person who originally posted money at his address of record. Any money not claimed within one hundred and eighty (180) days from the time of full and final disposition of the case shall be deemed as fees and shall be forfeited to the use of the County of Carbon.
Rule 560.1. Information: Filing, Contents, Function.
Promptly after receipt of transcripts in court cases, the Clerk of Courts shall forward the same to the District Attorney. The District Attorney shall make such investigation deemed appropriate and shall then prepare and file the information against the defendants with the Clerk of Courts. The number of each court case shall run in numerical sequence beginning with one (1) followed by CR and the last two digits of the year of filing, for example 1 CR 99.
Rule 570.1. Pretrial Conference.
(A) Pretrial conferences shall be conducted by the District Attorney, defense counsel, or the pro se defendant on all cases which have not resulted in plea agreements at the preliminary hearing level. A criminal case scheduling grid, prepared annually by Court Administration, shall establish the dates for pretrial conferences. All defendants must be present in person or through the video conferencing system except for good cause shown. This will be the last date on which negotiated pleas will be accepted. Pleas entered after this date will be ''open'' with respect to sentence.
(B) Prior to the Defendant's Pre-trial Conference, the District Attorney shall obtain data of the prior criminal convictions, if any, of the defendant. Within forty-five (45) days of receipt of the report, the District Attorney shall calculate the prior record score for guideline sentencing purposes.
(C) At the Pre-trial Conference, the District Attorney shall make the Sentencing Guideline Report available to defense counsel, and if unrepresented, the defendant.
(D) At the end of the pretrial conference, written stipulations for pleas, trials, or other dispositions shall be filled out and shall be signed by the District Attorney or Assistant District Attorneys, defense counsel, and defendant. The original stipulation shall be filed in the Clerk of Court's office and copies forwarded to the District Attorney's Office, defense counsel and defendant and to the Deputy Court Administrator/Case Manager for scheduling purposes.
(E) Upon failure of defendant to appear at a pretrial conference in accordance with this Rule, defendant's bail shall be forfeited and a bench warrant shall be issued.
Rule 571.1. Arraignment and Waiver of Arraignment in Non-Capital Cases.
(A) Arraignments in non-capital cases shall be conducted in accordance with the annual criminal case scheduling grid established by the Deputy Court Administrator/Case Manager.
(B) Every defendant who shall be held for Court by the District Justice at the conclusion of the preliminary hearing or at the time he waives his preliminary hearing shall be furnished with a Notice of Arraignment and Pretrial Conference form and, in appropriate cases, applications for ARD Program by District Justice.
(C) The Notice of Arraignment and Pre Trial Conference forms furnished by the District Justice shall advise the defendant when to appear before the District Attorney for the purpose of arraignment and pretrial conference. Defendant shall acknowledge receipt of the notice of arraignment and pretrial conference.
(D) When the defendant is held for Court the District Justice shall also transmit to the Clerk of Courts and to the District Attorney a copy of the notice of arraignment and pretrial conference.
(E) Every defendant against whom an information has been filed shall be arraigned before the District Attorney or, if the District Attorney deems it necessary, before the Court.
(F) All defendants who are unrepresented by counsel must appear personally at arraignment.
(G) Defendants who are represented by counsel must also appear personally at arraignment unless:
1) Counsel, on the form provided by the Clerk of Courts, has entered a written appearance, acknowledged receipt of copies of the information and instruction sheet and concurs in his/her client's waiver of formal arraignment; and
2) Defendant has acknowledged receipt of copies of the information and instruction sheet, waived explanation by the District Attorney and formal arraignment and represented that he/she understands:
(a) the nature and seriousness of the charges and possible consequences of conviction;
(b) rights explained in the sheet of written instructions;
(c) necessity of filing an omnibus pretrial motion to exercise pretrial rights;
(d) the requirement of notice to assert such defenses as alibi and insanity or diminished capacity and the consequences of failure to file proper notices; and
(e) the time limits in which defendant may commence discovery and file an omnibus pretrial motion: and
3) Defendant enters a plea of not guilty and requests a Jury trial
(H) Defendants and counsel shall be provided copies of the information and instruction sheet used and approved by the Court. This instruction sheet shall be read by the District Attorney or an Assistant District Attorney at the beginning of arraignment. Persons wanting explanation will be permitted to ask questions.
(I) Defendant will be individually called before the District Attorney or an Assistant District Attorney at which time the information will be read and the nature of the charges explained. Formal explanation may be waived if:
1) the charges are misdemeanors and no jail sentence is contemplated: or
2) counsel is present and waives a reading.
Rule 573.1. Pre-Trial Discovery and Inspection.
Defense counsel desiring pre-trial discovery and inspection under Pa.R.Crim.P. No.573 shall make an appointment with the District Attorney's Office for that purpose. At that conference, in addition to discussing discovery sought, the parties shall discuss possible plea negotiations.
Rule 574.1. Motions & Petitions Procedure.
(A) Motions and Petitions shall be submitted to the filing office, without the necessity of presentation to the Court.
(B) The Motion or Petition is filed, time stamped, docketed, and entered in the Court Computer System. It shall then be forwarded by the filing office to the Motions and Petitions Coordinator in the Office of Court Administration for Court action and/or scheduling. The Motions and Petitions Coordinator shall, after action by the Court, return the Motion or Petition to the filing office for mailing.
(C) All Motions and Petitions subject to this rule shall be accompanied by the following items in the following order:
1) A completed cover sheet in the Form of Exhibit ''A'';
2) A proposed order (and rule to show cause, if necessary);
3) Stamped, addressed envelopes for each attorney of record and unrepresented party; and
4) Sufficient copies of the Petition or Motion and proposed Order or Rules for each attorney of record and unrepresented party.
(D) All Motions and Petitions shall be in writing, signed by a party or counsel of record and shall contain the caption of the case, the name, address, telephone number and Supreme Court identification of counsel for the moving party and the names and addresses of adverse parties and their attorneys.
Rule 574.2. Pro se Filings.
(A) All pro se petitions and motions must be filed and docketed in the office of the Clerk of Courts. Petitions and motions sent to any other office shall be returned with a copy of this rule attached thereto.
(B) The Clerk of Courts shall forward a copy of all documents filed by individuals themselves to their attorney of record, if any.
(C) All pro se filings must be clocked in by the Clerk of Courts. Filings which are not in compliance with the law or rule of court shall be duly noted and forwarded immediately to the Motions and Petitions Coordinator. The Court Administrator, after consulting with the Court, shall notify the individual of the deficiency in the filing.
(D) Notice to any individual who has filed a deficient pleading shall be as follows:
NOTICE: YOU HAVE FILED A DOCUMENT WITH THE COURT OF COMMON PLEAS WHICH IS NOT IN COMPLIANCE WITH THE LAW OR RULE OF COURT. YOU ARE ADVISED THAT YOUR FAILURE TO COMPLY MAY RESULT IN PREJUDICE TO YOUR RIGHTS OR CLAIM. YOU SHOULD CONSULT A LAWYER IMMEDIATELY. IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ENTITLED TO BE REPRESENTED FREE OF CHARGE BY THE PUBLIC DEFENDER'S OFFICE. IF YOU BELIEVE YOU QUALIFY, CONTACT THE FOLLOWING OFFICE:
Carbon County Public Defender
Carbon County Courthouse
Jim Thorpe, PA 18229IF YOU ARE INCARCERATED, YOU MAY OBTAIN AN APPLICATION FOR THE PUBLIC DEFENDER'S OFFICE BY ASKING THE STAFF IN THE JAIL.
IF YOU ARE ALREADY REPRESENTED BY COUNSEL, A COPY OF YOUR FILING HAS BEEN SENT TO THEM BY THE CLERK OF COURTS.
IF YOU ARE NOT REPRESENTED BY COUNSEL AND DESIRE TO REPRESENT YOURSELF OR DO NOT QUALIFY FOR FREE COUNSEL, YOU ARE INSTRUCTED THAT YOU MUST BRING YOUR FILING INTO COMPLIANCE WITH THE LAW OR RULE OF COURT YOU HAVE VIOLATED, OR YOUR RIGHTS OR CLAIM MAY BE PREJUDICED.
Rule 578.1. Omnibus Pre-Trial Motions.
All Omnibus pre-trial motions shall be presented within thirty (30) days after arraignment date (even though waived) (in accordance with Pa.R.Crim.P.No.579) to the Court, which shall promptly set the hearing or argument dates.
Rule 578.2. Pre-Trial Pro se Motions.
Where a defendant is represented by counsel, no pre-trial motions shall be considered by the court unless prepared and presented by that counsel. Any pro se pre-trial motions filed by defendant represented by counsel shall be immediately referred by the court to counsel.
Rule 578.3. Arguments.
The practice and procedure with respect to all matters of listing of arguments, form of briefs, filing of briefs, sanctions for failure to timely file briefs, and oral arguments shall be governed by Pa.R.Crim.P.No. 720 and CARB.C.R.CRIM.P. 720.1.
Rule 590.1. Guilty Plea Colloquy Form.
(A) During the course of counseling a defendant relative to any plea of guilty or nolo contendere in the Court of Common Pleas, counsel shall review with the defendant the Carbon County Guilty Plea Colloquy Form available from the Office of the District Attorney, as attached hereto as EXHIBIT ''C'' in the Criminal Case Management Plan, and shall explain to the defendant the contents of that form. Additionally, if Defendant is charged and to be sentenced under Megan's Law, obtain and review the MEGAN'S LAW SUPPLEMENT TO GUILTY PLEA COLLOQUY form, which is attached hereto and marked FORM ''V''. Such forms shall be initialed and signed by the defendant where appropriate and counsel's signature thereon shall constitute a certification by the attorney that he/she has read, discussed and explained the plea form to the defendant, and that to the best of his/her knowledge, information and belief, his client understands what he is doing by entering his plea.
(B) Guilty plea colloquy forms shall be filed in open Court at the time of entry of any plea of guilty or nolo contendere.
(C) For pleas to a summary offense, the plea form need only consist of the disposition page, and need only state the offenses to which the defendant is pleading and the sentence which he is to receive.
VI. Trial Procedures in Court Cases
Rule 600.1. Call of the List.
(A) The call of the criminal list for a particular criminal trial session of Court shall be held by the Court at 9:30 A.M. on the Thursday morning prior to the first day of the Court's trial session as set forth on the annual Court calendar prepared by the Deputy Court Administrator/Case Manager.
(B) All unrepresented defendants and all attorneys representing defendants must attend the criminal calendar call of the list unless:
1) A date certain has been scheduled for the entry of a plea or;
2) A motion for a continuance has been previously properly presented and granted; or
3) The Court has excused a defendant and/or counsel based on good cause shown or defense counsel and the District Attorney's office have agreed that the defendant and/or counsel may be excused from the call of the list.
(C) Failure to comply with the requirements of this rule may result in the imposition of sanctions of the Court including the issuance of a bench warrant and revocation of bail bond. Additionally, the District Attorney's office may file a charge of default in required appearance.
(D) Counsel shall keep the assigned judge advised of any changes in the status of his case or the availability of the defendant for trial.
Rule 602.1. Transport Orders.
In any criminal proceeding in which a court appearance by an adult prisoner will be required, the attorney for the prisoner or for the party requesting the presence of the prisoner shall prepare a transport order and obtain the signature of the judge assigned to the case. It shall be the responsibility of the Motions and Petitions Coordinator to deliver necessary copies of the transport order to the Clerk of Courts and to the Sheriff. Absent genuine exigency or most unusual circumstances, a request for transport of prisoner shall be made to the Court not less than twenty-four (24) hours before the scheduled court appearance in cases where the prisoner is in Carbon County Prison and not less than three (3) days before such appearance where the prisoner is incarcerated outside Carbon County.
Rule 602.2. Interpreters.
In all criminal proceedings in Court or before District Justices, where either a defendant or a testifying witness so requests, an official interpreter or an alternate previously approved by the Court, shall be provided by the Court, through the Court Administrator's Office. It shall be the responsibility of counsel representing the defendant, or calling the witness, to notify the Court Administrator's Office, not less than twenty-four (24) hours in advance of the proceeding, when an interpreter will be needed.
Rule 646.1. Admission and Custody of Exhibits.
A) Counsel for the respective parties shall retain possession, and shall be responsible for the care and custody, of all tangible exhibits used at hearings and trials, whether or not they have been presented, marked, identified and used, until such time as they have been formally offered into evidence.
B) From and after an order of admission, or if admission is denied, if the Court should so order, the Court Stenographer shall take possession, and shall be responsible for the care and custody of all such tangible exhibits during the remainder of the hearing or trial, and thereafter, until further order of the Court.
C) At any time after final disposition of the case, including the expiration of any applicable appeal period, the Court Stenographer may, after notice to counsel for all parties, petition the Court for an order authorizing the removal and disposition by destruction, or otherwise, of any tangible exhibit of a size or weight precluding its enclosure in a regular case file.
VII. Post-Trial Procedures in Court Cases
Rule 702.1. Presentence Procedures.
(A) Before the sentencing hearing, counsel for defendant, or if unrepresented, the pro se defendant shall obtain from the District Attorney's Office a form entitled ''APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING.'' Counsel shall review with the Defendant said form and shall explain to the Defendant the contents of that form. Such form shall be initialed and signed by the defendant where indicated and counsel's signature thereon shall constitute a certification by counsel that he/she has read, discussed, and explained the form to the defendant, and to the best of his/her knowledge, information, or belief the defendant understands the form. (The form is marked FORM IV and is attached hereto in the ADDENDA to these Rules.)
(B) Prior to imposition of sentence, a completed Guideline Sentencing Form, as required by 204 Pa. Code § 303.1(d), shall be made available to the sentencing judge.
(C) If a pre-sentence investigation report is required by the sentencing Judge, the Guideline Sentencing Form shall be prepared by the report preparer.
(D) If a pre-sentence investigation report is not required, the Guideline Sentencing Form shall be prepared by the Carbon County Adult Probation Office.
(E) The Guideline Sentencing Form shall be reviewed by counsel for both the Commonwealth and the defendant prior to submission to the sentencing judge.
(F) The Chief Adult Probation Officer shall send a copy of the Guideline Sentencing Form to the Pennsylvania Commission on Sentencing.
Comment: 204 Pa. Code § 303.1(d) provides that a Pennsylvania Commission on Sentencing Guideline Sentence Form shall be completed at the Court's direction and shall be made a part of the record no later than twenty days after the date of each sentencing, and a copy shall be forwarded to the Pennsylvania Commission on Sentencing.
As used in Section (B), ''imposition of sentence'' includes imposition of probation.
Rule 708.1. Petition for Parole.
Within thirty (30) days before a defendant becomes eligible for parole (except for DUI cases), the Adult Probation Office shall conduct an investigation to determine whether the defendant should be released at the expiration of his or her minimum sentence. Said investigation shall include whether District Attorney or victim have any opposition, the defendant's course of conduct while incarcerated, whether a suitable residence is available, defendant's potential for obtaining employment, and a payment plan for any outstanding, costs, fines, and restitution. Upon completion of said investigation, the Adult Probation Office shall make a recommendation for approval or denial of parole and transmit said recommendation to the Sentencing Judge. If the Court denies parole, the defendant shall have the right to a hearing upon filing a Petition for Parole.
Rule 708.2. Violation of Probation, Parole, or ARD.
(A) When it is alleged that a defendant is in violation of his or her probation/parole, a Gagnon I hearing shall be held before a member of the Adult Probation staff designated for that purpose by the President Judge. This hearing will be held within ten (10) Court business days if the defendant is incarcerated as a result of the violation(s). That designated hearing officer shall be responsible for advising the defendant of all information required at a Gagnon I hearing. Should the hearing officer, at the Gagnon I hearing, find that a prima facia case exists, the following procedure shall be followed.
1) A Gagnon II hearing, whether it be with regard to a contested violation, alleged violations or merely for the purpose of disposition or for both purposes, shall be scheduled promptly, but no later than 120 days after the officer files a motion with the Court requesting that a Gagnon II hearing be scheduled and advising in that motion as to when the Gagnon I hearing was completed.
2) That motion shall also indicate whether the allegations are contested or whether the Gagnon II hearing will be for disposition purposes only. The hearing officer shall serve a copy of the motion upon the District Attorney's office. The defendant shall be afforded the right to representation by an attorney of choice, or upon his/her application, the appointment of the Public Defender for the Gagnon II hearing.
3) Should a determination be made by the hearing officer at the Gagnon I hearing, that the defendant should be returned to continued supervision at liberty, the defendant shall be released from custody, if incarcerated, and continue on probation/parole.
(B) When a defendant is alleged to be in violation of ARD, a hearing shall be held before the Court. Defendant shall have the right to waive said hearing by signing the Stipulation to the REVOCATION OF ARD form. (Said form is marked FORM III and attached in the ADDENDA to these rules.)
Rule 708.3. Arrest and Processing of Probation/Parole Violators.
When a duly appointed adult probation officer has conducted an investigation which reveals that a violation of supervision has been committed by the defendant, the officer shall request a supervisor to issue a ''Supervisor's Warrant'' for the arrest and detention of the defendant. The defendant shall be arrested upon issuance of the warrant, by any peace officer in the Commonwealth authorized to make arrests, or in the case of a defendant who has absconded the Commonwealth, the warrant shall be submitted to the Carbon County Sheriff's Office for processing as per normal procedure. Following arrest, the filing officer shall request a Gagnon I hearing before the Court designated hearing officer, which will be held within ten (10) Court business days. The above procedure relating to Pa.R.Crim.P.No. 708 shall then be followed.
Should the filing officer determine that a supervisor's warrant is not needed, a Gagnon I hearing will be scheduled as soon as possible following discovery of the violations(s), and the Pa.R.Crim.P.No. 708 procedure will continue as stated. Notice of the Gagnon I hearing, in this instance, shall be served upon the defendant by the filing officer and a Gagnon I hearing would then be scheduled at the convenience of the hearing officer.
Rule 720.1. Post-Sentence Motions.
(A) Service of post-sentence motions--Post sentence motions shall be filed within 10 days from the date of the sentence with the Clerk of Courts and copies thereof delivered to the trial judge, the court reporter and the district attorney on the same day. Such motions shall include a separate page addressed to the court reporter setting forth specifically those portions of the record which are to be transcribed. Any changes in the request for transcription shall be in writing addressed to the court reporter.
(B) Any request for leave to file additional specific grounds shall be made by a motion and proposed order, and the motion shall contain specific reasons in support thereof. With prior notice to opposing counsel, the motion shall be presented to the trial judge within 10 days after the copy of the record is transmitted to defendant's counsel, if any, and otherwise to the defendant.
(C) Filing and delivery of transcript--Transcript of the trial shall be delivered by the court reporter to the Clerk of Courts within 60 days from service upon the court reporter of the request for transcript unless further extended by order of the trial judge upon cause shown. A copy of said transcript shall be delivered forthwith by the court reporter to counsel for any party ordering a copy or upon an unrepresented party ordering a copy. The court reporter shall execute and file with the Clerk of Courts and the Deputy Court Administrator/Case Manager a certification indicating the date when copies of the record were delivered to each of the above.
(D) Time for argument--Within ten (10) days of the filing of a post-sentence motion, the Deputy Court Administrator-Case Manager shall fix a date and time of argument and, if the judge decides briefs are required to dispose of the motion, briefs shall be filed with the Clerk of Courts with copies to the judge and opposing counsel.
(E) Time for service of briefs--The defendant shall serve upon the Commonwealth and the Court one copy each of a brief not less than 20 days before the date fixed for argument. The Commonwealth shall serve upon counsel for the defendant, if any, or otherwise on the defendant, and the Court one copy of its brief not less than 3 days before the date fixed for argument.
(F) Failure to file briefs--When a case is listed for argument, if the moving party has filed no briefs, the motions or petitions shall be dismissed as of course. If the opposing party has filed no brief, the moving party shall proceed ex parte.
(G) Extension of briefing deadline--Any party, for good cause, may apply for an extension of time to file his brief. The application shall identify the moving party, state the reasons for the request of extension, and recite whether the request for extension is opposed or unopposed.
Rule 720.2. Appeals to Supreme, Superior and Commonwealth Court.
(A) In all direct appeals to the Supreme, Superior, and Commonwealth Courts of Pennsylvania from orders or decrees of this Court, appellant's counsel shall, immediately upon taking the appeal, serve upon the judge of this Court from whose order or decree the appeal was taken, a concise statement of the matters complained of and intended to be argued on appeal, so that an appropriate opinion may be prepared.
(B) Immediately upon filing a brief or paper book with any Appellate Court, a copy thereof shall be served upon the judge of this Court from whose order or decree the appeal was taken.
(C) Whenever an appeal is withdrawn by counsel, notice of such fact shall immediately be given to the judge from whose order or decree the appeal was taken.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
