THE COURTS

CARBON COUNTY

Colloquy and Waiver of Right Form--Gagnon II Hearings; No. 119 MI 03

[33 Pa.B. 5513]

Administrative Order 16-2003

   And Now, this 24th day of October, 2003, in order to utilize judicial resources but, at the same time, protect the rights of incarcerated defendants, it is hereby

   Ordered and Decreed that, effective immediately, the Carbon County Court of Common Pleas hereby Adopts the Colloquy and Waiver of Right Form to be reviewed with incarcerated defendants at the completion of Gagnon I hearings where a prima facie case has been found. All incarcerated defendants who waive their personal appearance at the Gagnon II hearings shall have their Gagnon II hearing held via two-way simultaneous audio-visual communication (video conferencing).

   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 Pennsylvania 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 Judge

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA	:
	:
vs.	:	NO. CR
	:
Defendant	:

COLLOQUY AND WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING
_____________________________________

(GAGNON II HEARING)
_________________

1.  Pursuant to Pennsylvania Rule of Criminal Procedure Rule 118, you, as the defendant, have a constitutional right to be present in court for your criminal proceeding, specifically, a Gagnon II Hearing.

2.  You may waive your constitutional right to be physically present in court and consent to having the proceeding conducted using two-way simultaneous audio-visual communication (video conferencing).

3.  By signing below, you, the defendant, knowingly, intelligently and voluntarily (do) (do not) consent to waive the constitutional right to be physically present in court and have the proceeding conducted using two-way simultaneous audio-visual communication (video conferencing).

*****************************************************

ACKNOWLEDGMENT
_________________

   I, ______ , do hereby affirm and attest that I have read or had read to me the aforementioned colloquy and waiver form and that I fully understand my constitutional right to be present at a criminal proceeding and my right to waive such right and use video conferencing.

_________________		______
Signature of Defendant		Date

   I, ______ , Esquire, Attorney for the Defendant, state that I have advised my client of the contents and meaning of this colloquy and waiver form and that it is my belief that he/she comprehends and understands this form.

_________________		______
Signature of Counsel		Date

   I, ______ , do hereby affirm and attest that I have read and explained the aforementioned waiver form to the defendant.

_________________		______
Signature of Adult Probation/Parole Officer    (Witness)		Date

[Pa.B. Doc. No. 03-2143. Filed for public inspection November 7, 2003, 9:00 a.m.]

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