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PA Bulletin, Doc. No. 17-850

THE COURTS

YORK COUNTY

Amendment of Local Rules of Criminal Procedure; CP-67-AD-21-2017

[47 Pa.B. 2880]
[Saturday, May 20, 2017]

Administrative Order Adopting York County Local Rule of Criminal Procedure 600

 And Now, this 8th day of May 2017, it is Ordered that York County Local Rule of Criminal Procedure 600 is adopted effective July 22, 2017.

 The District Court Administrator shall publish this order as may be required.

By the Court

JOSEPH C. ADAMS, 
President Judge

York R.Crim.P. 600. Prompt Trial.

 (A) The purpose of this rule is to ensure the efficient use of judicial resources, to provide sufficient judicial resources to the Commonwealth's prosecuting agencies for the cases they intend to call for trial, and to ensure defendants receive reasonable notice of the jury term during which their trials will commence. Nothing in this rule shall limit or expand upon the provisions of Pa.R.Crim.P. 600 regarding calculation of time for commencement of trial.

 (B) Definitions:

 (1) District attorney includes the attorney general or any other prosecuting attorney or agency.

 (2) Defendant includes the defendant's attorney or the self-represented defendant.

 (3) Date-certain scheduling means the assigned judge, upon request of either party or sua sponte, orders that the trial shall commence on a specific date before any judge. It is a tool for the court's use to facilitate availability of parties and witnesses.

 (4) Date-and-judge-certain scheduling means the assigned judge, upon request of either party or sua sponte, orders that the trial shall commence on a specific date before that same judge. It is a tool for the court's use when the judge who presided over pretrial issues believes the interests of justice and efficiency will be served by having that same judge preside over the trial.

 (C) No later than five business days prior to the first day of the trial term, the district attorney shall provide to the district court administrator, in a format to be prescribed by the district court administrator, a written list of all cases the district attorney intends to call to trial in the trial term.

 (1) The district attorney shall compile the list in order of priority for which the district attorney desires the court to allocate judicial resources for trial.

 (2) If any case is being prosecuted by the attorney general or any agency other than the district attorney, the district attorney shall consult with that agency and include the case on the list.

 (3) Prior to submission of the list, the district attorney shall consult with each defendant's attorney or the self-represented defendant to determine the following information:

 (a) the estimated length of time in days the parties jointly anticipate the trial to last from voir dire through closing instructions;

 (b) any dates during the forthcoming trial term when either party will be unable to conduct the trial for any reason, including but not limited to unavailability of witnesses or attorneys;

 (c) the reason, if any exists, either party believes any specific judge of this court would be precluded from presiding over the trial in the event the currently assigned judge is unavailable when the district attorney calls the case to trial; and,

 (d) the reason, if any exists, why either party will require more than one hour of advance notice when directed to appear for trial.

 (4) Either party may request a pretrial conference to facilitate the exchange of information.

 (5) The list shall contain, as a minimum, the following information for each case:

 (a) docket number;

 (b) defendant's name;

 (c) assigned judge's name;

 (d) defendant's attorney's name, or ''self-represented'';

 (e) prosecuting attorney's name;

 (f) all information detailed in section (C)(3) above;

 (g) the date-certain or date-and-judge-certain scheduling information as ordered by the assigned judge, when applicable; and

 (h) cross-reference to any other case(s) on the list consolidated for trial, when applicable.

 (6) Contemporaneously upon filing the list with the district court administrator, the district attorney shall provide a copy of the list to every defendant's attorney and every self-represented defendant on the list so the defendants and their attorneys are aware of the relative timing for commencement of their trials during the term. Service may be made in paper or electronic format.

 (D) Beginning no later than one business day prior to the first day of the jury trial term, the district court administrator shall assign cases for trial as each judge becomes available.

 (1) The district court administrator shall start with the first case on the list provided by the district attorney and proceed through the list in sequence, continuing until either the list is exhausted or the trial term ends. Any cases ordered for date-certain or date-and-judge-certain scheduling shall be assigned out of sequence as necessary to comply with the order. The district court administrator may make minor deviations to the sequence in which cases are assigned, to facilitate the efficient use of judicial resources.

 (2) If the next case on the list cannot proceed to trial for any of the following reasons, the district court administrator shall skip to the next case on the list and return to the skipped case when the next judge becomes available:

 (a) the court has previously ordered a date-certain or date-and-judge-certain for the trial to commence later in the trial term;

 (b) the prosecuting attorney, defendant or defendant's attorney is already in trial with another case or is scheduled for an imminent date-certain or date-and-judge-certain trial in another case; or

 (c) one or more factors previously documented in section (C)(3) above preclude commencement of trial before the available judge.

 (E) The district court administrator shall notify the judge of the trial assignment, and the judge shall direct the parties to appear to commence jury selection.

 (1) If the district attorney declines to call the case for trial, absent good cause shown, the court shall strike the case from the list for the remainder of the trial term.

 (2) If the defendant requests continuance, the court may deny the request, or grant the request and continue the case, either to a date-certain or date-and-judge-certain later in the term as requested by the district attorney, or for listing by the district attorney in a subsequent term.

 (3) If the defendant fails to appear for trial, the court may issue a bench warrant. If the defendant subsequently appears or is apprehended during the term, the court shall proceed to trial if the district attorney desires to call the case, or continue the case either to a date-certain or date-and-judge-certain later in the term as requested by the district attorney, or for listing by the district attorney in a subsequent term.

 (F) The district attorney shall immediately notify the district court administrator of any change in status of any case on the list, such as execution of a guilty plea, continuance or nol pros., diversion to ARD or a treatment court, or issuance of a bench warrant.

[Pa.B. Doc. No. 17-850. Filed for public inspection May 19, 2017, 9:00 a.m.]


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