THE COURTS
Title 234--RULES OF CRIMINAL PROCEDURE
[234 PA. CODE CH. 10]
Order Amending Rule 1013; No. 294 Criminal Procedural Rules; Doc. No. 2
[33 Pa.B. 3363] The Criminal Procedural Rules Committee has prepared a Final Report explaining the amendments to Rule of Criminal Procedure 1013 (Prompt Trial--Municipal Court). The amendments expand the time for the trial de novo in Common Pleas Court in Philadelphia Municipal Court case appeals from within 90 days to 120 days, and the time for trial from 120 days to 180 days in cases (1) that are commenced as Common Pleas Court cases but are ordered to be tried in Municipal Court, and (2) that are transferred from Juvenile Court to Municipal Court. The Final Report follows the Court's Order.
Order Per Curiam:
Now, this 26th day of June, 2003, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been submitted without publication in the interests of justice pursuant to Pa.R.J.A. 103(a)(3), and a Final Report to be published with this Order:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule of Criminal Procedure 1013 is amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective July 1, 2003.
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 10. RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT Rule 1013. Prompt Trial--Municipal Court.
(A)(1) Trial in a Municipal Court case in which a preliminary arraignment is held after June 30, 1974, but before July 1, 1975, shall commence no later than 210 days from the date on which the preliminary arraignment is held.
* * * * * (4) Trial in a case that commenced as a Common Pleas Court case but was later ordered to be tried in Municipal Court shall commence no later than [120] 180 days from the date on which the preliminary arraignment is held or 60 days from the date on which the order is made, whichever is greater.
(5) Trial in a case which is transferred from the juvenile court to the Municipal Court shall commence no later than [120] 180 days from the date of filing the transfer order.
* * * * * (G) A trial de novo in the Court of Common Pleas shall commence within a period of [90] 120 days after the notice of appeal from the Municipal Court is filed. In all other respects the provisions of Rule 600 shall apply to such trials in the Court of Common Pleas.
* * * * * Official Note: Rule 6013 adopted June 28, 1974, effective prospectively as set forth in paragraphs (A)(1) and (A)(2) of this rule; amended July 1, 1980, effective August 1, 1980; amended October 22, 1981, effective January 1, 1982; the amendment to paragraph (D) as it regards exclusion of defense-requested continuances was specifically made effective as to continuances requested on or after January 1, 1982, and paragraph (H), which provides the time for retrials, was specifically made effective as to retrials required by orders entered on or after January 1, 1982; amended September 3, 1993, effective January 1, 1994; renumbered Rule 1013 and amended March 1, 2000, effective April 1, 2001; amended August 8, 2002, effective January 1, 2003; amended June 26, 2003, effective July 1, 2003.
Committee Explanatory Reports:
* * * * * Final Report explaining the June 26, 2003 amendments to paragraphs (A)(4) and (A)(5) expanding the time for trial from 120 to 180 days, and to paragraph (G) expanding the time for trial from 90 days to 120 days published with the Court's Order at 33 Pa.B. 3364 (July 12, 2003).
FINAL REPORT1
Amendments to Pa.R.Crim.P. 1013
Time For Trial In Municipal Court Cases; Time For The Trial De Novo In The Court Of Common Pleas In Municipal Court Appeals INTRODUCTION
On June 26, 2003, effective July 1, 2003, upon the recommendation of the Criminal Procedural Rules Committee, the Court amended Rule 1013 (Prompt Trial-- Municipal Court). The amendments expand the time for the trial de novo in the Common Pleas Court in an appeal from a Municipal Court decision from 90 days to 120 days, and the time for trial in Philadelphia Municipal Court from 120 days to 180 days in cases (1) that are commenced as Common Pleas Court cases but are ordered to be tried in Municipal Court, and (2) that are transferred from Juvenile Court to Municipal Court.
DISCUSSION
At the request of the Supreme Court, the Committee considered whether the time for the trial de novo in a Municipal Court appeal in Rule 1013(G) should be expanded from the current 90 days. Before proceeding, the Committee reviewed the matter with representatives from the Philadelphia Municipal and Common Pleas Courts.2 The consensus was that some expansion of time would be helpful in the timely disposition of these cases. In addition, the Deputy Court Administrator for the Common Pleas Court reviewed the issue with the Common Pleas Court Administrative Judge and Supervising Judge, and they agreed an increase to 120 days would be reasonable for the Common Pleas Court to dispose of the Municipal Court case trials de novo.
The Committee also reviewed the Committee history for Rules 600 (Prompt Trial) and 1013 (Prompt Trial-- Municipal Court) to see if there was any information that would be helpful concerning how, when developing Rules 600 and 1013, the Committee had arrived at the times used in the rules. We did not find anything explaining the Committee's reasoning.3
In view of the input we received from the Philadelphia courts, the Committee agreed to an expansion of the Rule 1013(G) time for the trial de novo from 90 days to 120 days.
During the course of the Committee's discussion, several members suggested that the times in Rule 1013(A)(4), concerning cases that are commenced as Common Pleas Court cases but are ordered to be tried in Municipal Court, and in paragraph (A)(5), concerning cases that are transferred from Juvenile Court to Municipal Court for trial, should be expanded to 180 days to be consistent with the August 8, 2002 changes to Rule 1013(A)(1), (2), and (3). The Committee examined these paragraphs and agreed that, for all the same reasons supporting the changes to paragraphs (A)(1), (2), and (3),4 paragraphs (A)(4) and (A)(5) should be amended to expand the time from 120 days to 180 days.5
1The Committee's Final Reports should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the Committee's explanatory Final Reports.
2Because of the unique nature and limited jurisdiction of the Philadelphia Municipal Court, and the need to have input from individuals who are daily involved with Municipal Court, the Committee deviated from our normal review of this issue, and consulted the Philadelphia Deputy Court Administrators for municipal and Common Pleas Court and the Chiefs of the Municipal Court units of The Philadelphia Public Defender's office and the Philadelphia District Attorney's office.
3The early work on then-Rule 1100 was done by Subcommittee, and there are limited Committee records of Subcommittee work in the 1970s.
4See Committee's Final Report at 32 Pa.B. 4123 (August 24, 2002).
5In all other respects, Rule 1013 remains the same.
[Pa.B. Doc. No. 03-1348. Filed for public inspection July 11, 2003, 9:00 a.m.]
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