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PA Bulletin, Doc. No. 22-1140

THE COURTS

Title 255—LOCAL COURT RULES

MIFFLIN COUNTY

Local Rule 700; CP-44-CV-2-2022

[52 Pa.B. 4232]
[Saturday, July 30, 2022]

Order of Court

 And now, this 20th day of July, 2022, the Court hereby adopts the following new Local Rules of Judicial Administration.

Rule 700. Sentencing Judge.

 (A) Except as provided in paragraph (b), the judge who presided at the trial or who received the plea of guilty or nolo contendere shall impose sentence unless there are extraordinary circumstances which preclude the judge's presence. In such event, another judge shall be assigned to impose sentence.

 (B) The supervision of a defendant serving a sentence may be transferred to a judge other than the original sentencing judge in any of the following situations:

 (1) Whenever a substitution of judges shall enhance the efficient disposition of cases, and after a hearing, or when in writing, the defendant consents to supervision being transferred to another judge;

 (2) The defendant is facing a new sentencing in front of a different judge on a separate case, and after a hearing or in writing, the defendant consents to supervision being transferred to the other judge; or

 (3) There exist extraordinary circumstances, including death, incapacitation, or retirement, which preclude the presence of the original sentencing judge.

 Comment: Local Rule 700(A) tracks Pa.R.Crim.P. 700(A). Pa.R.Crim.P. 700 also governs sentencings that result from a violation of probation or parole. See Comm. v. McNeal, 120 A.3d 313 (Pa. Super. 2015). Accordingly, Local Rule 700(B) flows from Pa.R.Crim.P. 700(B), which invites promulgation of local rules to expand the circumstances under which transfers from one judge to another may be made. Local Rule 700(B) reflects the recognition that transfers are appropriate under a variety of circumstances, including where, in order to consolidate a violation hearing in front of the ''back judge'' with the sentencing for a new case in front of a different judge.

By the Court

DAVID W. BARRON, 
President Judge

IN THE COURT OF COMMON PLEAS OF MIFFLIN COUNTY, PENNSYLVANIA

COMMONWEALTH OF
PENNSYLVANIA       :
CP-44-CR-   
:
  v.:
:
:
   Defendant.:

CONSENT AND WAIVER

 AND NOW, this ____ day of ______ , 20 __ , the above named Defendant, having previously entered guilty plea, or in the alternative, having been found guilty before the Honorable ______ , does hereby acknowledge, agree, and consent to the sentencing by another judge, with the full and complete understanding that Defendant has the right to have their sentence imposed by their original judge.

BY THE COURT:
__________
J.

[Pa.B. Doc. No. 22-1140. Filed for public inspection July 29, 2022, 9:00 a.m.]


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