THE COURTS
LANCASTER COUNTY
Adoption of New Local Rules of Criminal Procedure 120, 311A, 570A, 570B, 570C, 570D, 571, 590 and Rescinding Existing Local Rules of Criminal Procedure 3, 4, 5, 6 and 10; CPJ. No. 7, Page 1357; No. 18 AD 2013
[43 Pa.B. 6667]
[Saturday, November 9, 2013]
Administrative Order And Now, this 30th day of September, 2013, it is hereby Ordered that new or revised Lancaster County Rules of Criminal Procedure 120, 311A, 570A, 570B, 570C, 570D, 571, 590 are adopted and existing Lancaster County Rules of Criminal Procedure 3, 4, 5, 6 and 10, are rescinded as set forth as follows:
The Court Administrator is directed to:
1. File one (1) certified copy of this Order and Rules with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified paper copies and one (1) diskette or CD-ROM containing this Order and Rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Publish a copy of this Order and Rules on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.
4. Keep continuously available for public inspection copies of the Order and Rule in the Prothonotary and Clerk of Courts Office.
This order shall become effective 30 days after publication in the Pennsylvania Bulletin.
By the Court
JOSEPH C. MADENSPACHER,
President JudgeRule 2. Business Judge [Trial List].
[Rule 3. Call of the List] Rescinded.
[Rule 4. Continuances During Trial Term] Rescinded.
[Rule 5. Trial Priority List] Rescinded.
[Rule 6. Guilty Pleas During Trial Term] Rescinded.
[Rule 10. Business Judge] Rescinded.
Rule 120. Attorneys—Appearances and Withdrawals.
(A) Entry of Appearance
(1) Counsel for defendant shall file an entry of appearance with the Clerk of Courts promptly after being retained, and serve a copy of the entry of appearance on the attorney for the Commonwealth.
(a) If a firm name is entered, the name of an individual lawyer shall be designated as being responsible for the conduct of the case.
(b) The entry of appearance shall include the attorney's address, phone number, attorney ID number, and e-mail address.
(2) When counsel is appointed pursuant to Pa.R.Crim.P. 122 (Appointment of Counsel), the filing of the appointment order shall enter the appearance of appointed counsel.
(3) Counsel shall not be permitted to represent a defendant following a preliminary hearing unless an entry of appearance is filed with the clerk of courts.
(4) An attorney who has been retained or appointed by the court shall continue such representation through direct appeal or until granted leave to withdraw by the court pursuant to paragraph (B).
(5) After a case has been returned to the Court of Common Pleas, the filing of any motion or petition on behalf of the defendant shall be deemed to be an entry of appearance by the filing attorney on behalf of the defendant as to all matters pertaining to the case in which the filing is made, notwithstanding any statement contained in the filing which purports to limit the scope of the filing attorney's representation.
(B) Withdrawal of Appearance
(1) Counsel for a defendant may not withdraw his or her appearance except by leave of court.
(2) A motion to withdraw shall be:
(a) filed with the clerk of courts, and a copy concurrently served on the attorney for the Commonwealth and the defendant; or
(b) made orally on the record in open court in the presence of the defendant.
(3) Upon granting leave to withdraw, the court shall determine whether new counsel is entering an appearance, new counsel is being appointed to represent the defendant, or the defendant is proceeding without counsel.
Rule 311A. ARD Application Process.
A. Accelerated Rehabilitative Disposition (ARD) applications shall be submitted to the Office of the District Attorney using the approved form. A defendant shall simultaneously submit a Motion for Trial Continuance and Waiver using the approved form. A defendant shall be notified by first class United States mail of acceptance or rejection. A defendant whose application has been accepted shall be listed for an ARD hearing on the first available date. A defendant whose application has been rejected shall be placed on the next Pretrial conference list.
B. Application for non-DUI related ARD may be made at any time [prior to formal arraignment], but no later than the date of the Status Conference.
C. Applications for DUI related ARD shall be submitted to the Office of the District Attorney within thirty days of the filing of the criminal complaint. Additionally, within thirty days of the filing of the criminal complaint, a defendant shall waive the preliminary hearing and schedule a Court Reporting Network evaluation. Qualification information and further application requirements may be obtained by contacting the Office of the District Attorney.
Rule 570A. Status Conference.
A. Scheduling of Status Conference
1. Within 45 days of the arraignment conducted in accordance with Local Rule 571, each case in which an Information has been issued and which has not already been disposed of by or scheduled for a plea, nolle prosequi, or other final action, shall be reviewed by the court at a status conference scheduled by the District Court Administrator.
2. The District Court Administrator shall provide notice of the status conference to counsel no later than seven days before the conference and shall provide notice to pro se defendants pursuant to Pa.R.Crim.P. 114.
3. The appearance of the assigned attorney for the Commonwealth and the defense attorney or the pro se defendant shall be mandatory. The status conference shall take place in open court, unless agreed by the defendant to be in chambers.
4. No status conference may be continued or rescheduled absent compelling reasons and with the approval of the judge before whom the case has been scheduled.
B. Information Provided at Status Conference
1. The general purpose of the status conference is to determine the likely disposition of the assigned case prior to the Pretrial conference conducted in accordance with Local Rule 570B. Accordingly, at the time of the status conference the parties shall be prepared to provide, at a minimum, the following information: (1) whether the case is scheduled, or will be scheduled, for a guilty plea or Accelerated Rehabilitative Disposition; (2) whether all discovery has been provided in accordance with the Pennsylvania Rules of Criminal Procedure; (3) whether all Pretrial motions have been timely filed; and (4) any additional information necessary for the court to complete the Status Conference Order.
2. A pro se defendant who does not intend to remain pro se throughout the pendency of the case shall advise the court at the status conference of the status of the defendant's efforts to secure legal representation.
C. Failure to Appear for Status Conference
1. If a pro se defendant fails to appear for a duly scheduled and noticed status conference, the court may, in its discretion, issue a bench warrant and forfeit bail.
2. If an attorney for the Commonwealth or defense attorney fails to appear for a duly scheduled and noticed status conference, the court may take such disciplinary action as it deems appropriate, including, but not limited to, disciplinary action under the Rules of Professional Conduct or instituting proceedings for contempt.
D. Order Following Status Conference
1. At the conclusion of the status conference the court shall enter a Status Conference Order reflecting the disposition of the case as represented by the parties (e.g., guilty plea, nolo contendere plea, ARD or nolle prosequi), or if the matter shall be scheduled for a Pretrial conference pursuant to Local Rule 570B, or if the matter is to be listed for trial, or if a bench warrant has been issued and bail has been forfeit.
2. The completed Status Conference Order shall be filed with the Clerk of Courts at the conclusion of the status conference.
Rule 570B. Pretrial Conference.
A. Scheduling of Pretrial Conference
1. Within 6 weeks of the status conference held pursuant to Local Rule 570A, any case designated on the Status Conference Order as requiring a pretrial conference, or any case which has not been disposed of by plea, ARD or nolle prosequi, shall be reviewed by the court at a Pretrial conference scheduled by the District Court Administrator.
2. The District Court Administrator shall provide notice of the pretrial conference to counsel no later than seven days before the conference and shall provide notice to pro se defendants pursuant to Pa.R.Crim.P. 114.
3. The appearance of the assigned attorney for the Commonwealth, the defense attorney, and the defendant, whether pro se or represented by legal counsel, shall be mandatory. The pretrial conference shall take place in open court, unless agreed by the defendant to be in chambers.
4. No pretrial conference may be continued or rescheduled absent compelling reasons and with the approval of the judge before whom the case has been scheduled.
B. Information Provided at Pretrial Conference
1. The general purpose of the pretrial conference is to apply and enforce the letter and spirit of Pa.R.Crim.P. 570, and the comments thereto, and to ascertain the information contemplated thereby, in order to determine the readiness of a criminal case for trial or the likelihood of and timeframe for a non-trial disposition. Accordingly, at the time of the pretrial conference, the parties shall be prepared to provide, at a minimum, the information enumerated in Pa.R.Crim.P. 570, and the official comment thereto.
2. A Pretrial Conference Memorandum in the form approved by the President Judge shall be submitted to the court by the assigned attorney for the Commonwealth and by the defense attorney at the time of the pretrial conference. At the discretion of the court, a pro se defendant who intends to remain pro se throughout the pendency of the case may also be required to complete and submit a Pretrial Conference Memorandum.
3. A pro se defendant who has not yet retained legal counsel and does not intend to remain pro se throughout the pendency of the case shall advise the court at the Pretrial conference of the status of the defendant's efforts to secure legal representation. Absent compelling circumstances, a continuance to obtain legal representation shall not be granted more than once.
4. The approved form of Pretrial Conference Memorandum shall be published as a part of these Local Rules as Local Rule 570B-1.
C. Failure to Comply
1. If a pro se defendant fails to appear for a duly scheduled and noticed pretrial conference, the court may, in the discretion, issue a bench warrant and forfeit bail.
2. If an attorney for the Commonwealth or defense attorney fails to appear for a duly scheduled and noticed Pretrial conference or fails to provide the Pretrial Conference Memorandum required by this rule, the court may take such disciplinary action as it deems appropriate, including, but not limited to, disciplinary action under the Rules of Professional Conduct or instituting proceedings for contempt.
D. Order Following Pretrial Conference
1. At the conclusion of the pretrial conference, the court shall enter a Pretrial Conference Order indicating the disposition of the case as represented by the parties (e.g., guilty plea, nolo contendere plea, ARD or nolle prosequi), or if the matter will be scheduled for an additional pretrial conference pursuant to this Local Rule, or if the matter is to be listed for trial, or if a bench warrant has been issued and bail has been forfeit.
2. If the case is to be disposed of by guilty plea, nolo contendere plea, ARD or nolle prosequi, the parties shall advise the court of the date of such proceeding at the pretrial conference.
3. If a case is certified as trial ready by the pretrial conference judge, the case shall be assigned to a trial judge by the District Court Administrator. The assigned trial judge shall determine the trial date and schedule, as well as the need for any pretrial case management conferences. Absent compelling circumstances, cases assigned to a trial judge for trial shall remain with that judge until final disposition.
4. Absent compelling circumstances, a definitive non-trial disposition (with dates certain) or trial certification is expected no later than the pretrial conference. Cases will not be continued to a second or subsequent pretrial conference absent good cause shown, and, if the continuance is requested by defense counsel, with the knowledge and concurrence of the individual defendant.
5. The Pretrial Conference Memoranda and the Pretrial Conference Order shall be filed with the Clerk of Courts at the conclusion of the pretrial conference.
Rule 570C. Trial Priority List.
All cases are deemed to be trial ready when certified for trial at the Pretrial conference and will be listed in a priority established by the trial judge to whom the case is assigned by the District Court Administrator.
Rule 570D. Assignment and Trial of Homicide Cases.
B. Homicide cases shall be assigned to a trial judge by the President Judge. All matters thereafter shall be the responsibility of the assigned trial judge [and shall not be included on the regularly scheduled criminal Pretrial conference lists].
C. Status, Pretrial, and case management conferences shall be scheduled at the discretion of the assigned trial judge.
D. The trial judge shall issue a final Pretrial order establishing a firm trial date and containing any further final instructions. Once set, the firm trial date shall not be continued except for extraordinary circumstances. Copies of all Pretrial orders shall be provided to the President Judge, the District Court Administrator and counsel.
Rule 571. Arraignment.
D. The District Attorney shall provide a written Arraignment Rights form to each defendant, whether represented or not, who appears at arraignment. The approved Arraignment Rights form required by this Rule shall be published as a part of these Local Rules as Local Rule 571-1.
Rule 590. Pleas and Plea Agreements.
A. Guilty pleas and pleas of nolo contendere shall be scheduled through the [with the guilty plea secretary in] the Office of the District Attorney using the forms designated by that office for the scheduling of pleas. When scheduling the [guilty] plea, counsel shall inform the District Attorney guilty plea secretary if and where the defendant is incarcerated. [Once a guilty plea date is obtained, the defendant or counsel must file with the District Attorney a Request to Schedule a Guilty Plea in the form provided by the District Attorney.]
B. A completed Plea Scheduling Form, the form of which shall be published as a part of these Local Rules as Local Rule 590-1, shall be presented to the District Attorney before a plea is scheduled.
C. Once a plea is scheduled, it may only be rescheduled by submitting a completed Request to Reschedule Plea form to the judge before whom the plea is scheduled. [It may be removed from the guilty plea list at anytime up to seven days before the scheduled date by notifying the guilty plea secretary. If the defendant or counsel elects to remove the guilty plea from the list within seven days of the scheduled date, the defendant must personally appear on the scheduled date to request a continuance from the Court.] If the request to reschedule is granted by the judge before whom the plea is scheduled, the form will be forwarded to the District Court Administrator, who will schedule the matter on that judge's next available plea date or on the date specified by the judge and indicated on the Request to Reschedule Plea form.
D. Any plea which is withdrawn shall be placed on the trial list of the judge before whom the plea was scheduled at the time it was withdrawn. The case will be deemed to be trial ready and will be assigned a trial date by the judge, who shall determine trial priority in accordance with Local Rule 570C.
E. Rejected pleas shall be handled as follows:
1. If the case has not previously had a pretrial conference under Rule 570B, the District Court Administrator shall schedule the case for a pretrial conference on the next available date with a judge other than the judge who rejected the plea.
2. If the case has previously had a pretrial conference, the plea shall be rescheduled. Counsel shall note on the Request to Reschedule Plea form that the plea was rejected, the form will be forwarded to the District Court Administrator and the plea will be rescheduled by the District Court Administrator with a different judge on the next available plea date.
[C.] F. Prior to entering a guilty plea or plea of nolo contendere, a defendant shall complete and sign a written [guilty] plea colloquy on the form provided by the District Attorney. The form shall be presented to the Court at the time of the [guilty] plea hearing, together with the completed Plea Scheduling form required by this Rule.
L.C.R.Crim.P.No. 570B-1
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA : : vs.
: No. ______ : _________________ :
PRETRIAL CONFERENCE MEMORANDUM Attorney for Commonwealth __________
Print Name/Signature Attorney ID No.Attorney for Defendant __________
Print Name/Signature Attorney ID No.Related Cases: Defendant Docket Number
Prior Continuances: Commonwealth - _____ Defense - _____ Discovery: Provided - _____ Received - _____ Disputed: __________
__________
Motions: Filed/To be Filed: __________
Defenses: (insanity, alibi) Notice Filed - _____
Anticipated Trial Issues:
Expert witnesses: __________
__________
Scheduling: __________
__________
Pretrial Hearings: __________
__________
Other:__________
__________
Date: ______
L.C.R.Crim.P.No. 571-1
ARRAIGNMENT
(ARREGLO)(1) I have been advised of the charges against me.
(2) I have been advised of the following time periods in which I must begin discovery on these charges:
(a) Bill of Particulars must be filed within seven (7) days following this Arraignment;
(b) Motion for Inspection and Discovery must be filed within fourteen (14) days following this Arraignment; and
(c) Omnibus Pre-Trial Motion must be filed within thirty (30) days after this arraignment.(3) I understand that I have the right to counsel and that if I am unable to afford an attorney the Court will appoint an attorney to represent me.
(4) A Status Conference on my case will be held within 45 days of this Arraignment. I understand that I will receive written notice of the Status Conference date at least 7 days prior to the date of the Status Conference. I understand that if I am not represented by an attorney and I fail to appear at the Status Conference, a bench warrant may be issued and my bail may be forfeit.
(5) If my case has not already been disposed of by trial, plea or dismissal, I understand that a Pretrial Conference on my case will be held within 6 weeks of the Status Conference. I understand that I will receive written notice of the Pretrial Conference date at least 7 days prior to the date of the Status Conference. I understand that my attendance at the Pretrial Conference is mandatory, even if I am represented by an attorney. I understand that if I fail to appear at the Pretrial Conference, a bench warrant may be issued and my bail may be forfeit.
(6) I have read the above and understand my rights.
_________________
Signature of Defendant
_________________
Signature of Defendant's Counsel
_________________
Date signedL.C.R.Crim.P.No. 590-1
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA : : vs.
: No. ______ : _________________ :
PLEA SCHEDULING FORM I. I certify that I have reviewed the case file, the Defendant's prior record, and have consulted with the prosecuting officer and victim(s), if necessary.
The Commonwealth's plea offer is as follows (a summary memorandum, Tentative Plea Negotiation form or proposed Plea Agreement may be attached):
Charge Terms
This plea offer is withdrawn unless accepted by _________________ .
__________
Attorney for Commonwealth -Print Name/Signature/Attorney ID No. DateII. I certify that I have discussed the above plea offer with my client and advised my client of his/her rights under Pa. R. Crim. P. 600, and my client has authorized me to accept this Plea Agreement and the Commonwealth's plea offer on his/her behalf and to schedule the plea.
__________
Attorney for Defendant -Print Name/Signature/Attorney ID No. DateIII. I certify that I have discussed the above plea agreement with my attorney and I have authorized my attorney to accept this agreement on my behalf and to schedule the plea. I have been advised of my rights under Rule 600 of the Pennsylvania Rules of Criminal Procedure understand that by scheduling this plea I am waiving my right to be brought to trial on these charges within 180 or 365 days, as applicable. I specifically agree that the time period for beginning trial under Rule 600 shall be expanded beyond the 180 or 365 days, as applicable, and will include the time period from the date of my signing this Plea Agreement to the date the plea is scheduled, pursuant to Pa. R. Crim. P. 600(c).
__________
Defendant -Print Name/Signature (OR signature of attorney for Defendant if Defendant is not available) DateIf this agreement is not signed by the Defendant, explain (e.g., Defendant incarcerated outside/resides outside Lancaster County, etc.):
__________
__________
FOR DA SCHEDULING USE ONLY:
IV. Scheduling
_________________ _________________ ______ _________________ Date Time Courtroom Judge
[Pa.B. Doc. No. 13-2106. Filed for public inspection November 8, 2013, 9:00 a.m.]
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