2399 Adoption of Philadelphia traffic court local rules nos. 106, 120, 121, 454, 1030, 1031, 1032, 1033 and 1035; administrative order 02 of 2005
Title 249--PHILADELPHIA RULES PHILADELPHIA COUNTY Adoption of Philadelphia Traffic Court Local Rules Nos. 106, 120, 121, 454, 1030, 1031, 1032, 1033 and 1035; Administrative Order 02 of 2005 [35 Pa.B. 6991] Order And Now, this 21st day of December, 2005, pursuant to Pa.R.Crim.P. 105 and Pa.R.Crim.P. 1030 et seq., Philadelphia Traffic Court Local Rule Nos. 106, 120, 121, 454, 1030, 1031, 1032, 1033 and 1035, which follow this order, are adopted, and shall become effective on February 1, 2006.
The original Administrative Order shall be filed with the Prothonotary in a docket maintained for Administrative Orders issued by the Administrative Judge of the Philadelphia Traffic Court, and copies shall be submitted to the Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau, the Criminal Procedures Rules Committee, and the Minor Court Rules Committee. Copies of the Order shall also be submitted to American Lawyer Media, The Legal Intelligencer, Jenkins Memorial Law Library, and the Law Library for the First Judicial District of Pennsylvania.
By the Court
BERNICE DEANGELIS,
Administrative Judge
Traffic CourtPhiladelphia Traffic Court Local Rules Local Rule 1030. Scope of Summary Traffic Court Rules.
The local rules that follow complement Chapter 10, Part B. of the Pennsylvania Rules of Criminal Procedures, Philadelphia Traffic Court Rules, Pa.R.Crim. P. 1030 et seq., and the rules referenced thereto, and are intended to identify for counsel and unrepresented parties the procedural rules applicable to Traffic Court proceedings in Philadelphia County. These rules are referenced herein as ''Local Rules'' and shall be cited as ''Phila.T.C.L.R. ____ .''
Local Rule 106. Continuance Policy
(a) General Rule. All continuance requests shall:
(1) be in writing, on a court-approved form, (see form which follows this Local Rule) reference the citation number and the defendant's driver license number;
(2) identify the date, time, and, if applicable, the courtroom it is listed for; and
(3) specifically state the reasons for the request.
Documentation substantiating the request for the continuance (i.e. proof of necessary hospitalization, pre-paid vacation, military service, etc.) must be submitted.
(b) Timing of request. All requests for continuance must be received by the Philadelphia Traffic Court at least 48 hours before the date set for the trial or hearing. A later request shall only be granted if the defendant or defendant's attorney of record establishes that the cause for the continuance request did not previously exist, or that the defendant was not aware of the grounds for the request, or the interests of justice require it.
(c) Address Where Continuance Requests are to Be Mailed or Delivered. All requests for continuances are to be mailed or delivered to the Philadelphia Traffic Court, 800 Spring Garden, Philadelphia, PA 19123. All requests for continuances shall be assigned to the Administrative Judge or his/her designee who shall rule on the request, in writing, and shall state the reasons for the grant or denial of the continuance.
(d) Requests For Continuance on the Trial Date. All requests for continuances on the day of the summary trial or hearing shall be in writing, on the court-approved form, and shall be presented to the presiding judge. All such requests shall be denied unless the defendant or the defendant's attorney of record establishes that the cause for the continuance request did not previously exist, or that the defendant was not aware of the grounds for the request, or the interests of justice require it. The presiding judge shall rule on the request, in writing, and shall state the reasons for the grant or denial of the continuance.
Comment: Continuance requests must be made timely to enable the Court to review and properly rule on them. The Court may entertain written requests from unrepresented parties if not made on the court-approved form as long as the required information is provided. Documentations ought to be provided as necessary. Continuance requests may be disposed administratively.
Local Rule 120. Attorneys--Appearances and Withdrawals
(a) Entry of Appearance.
(1) Counsel for defendant shall file with the Attorney Filing Unit an entry of appearance, (see form which follows this Local Rule), identifying the citations for which counsel has been retained. The entry of appearance shall include the attorney's office address and electronic mail address, phone number, and the Supreme Court attorney identification number. An entry of appearance seeking to limit representation to a specific hearing shall not be accepted.
(2) When counsel is appointed pursuant to Pa.R.Crim. P. 1035, Appointment of Counsel, the filing of the appointment order shall enter the appearance of appointed counsel.
(3) Counsel shall not be provided any defendant information unless an Entry of Appearance is filed with the Attorney Filing Unit.
(4) An attorney who has been retained by a defendant and entered an appearance as provided in this rule shall continue such representation in the Traffic Court until granted leave to withdraw by the court pursuant to paragraph (b). An attorney who has been appointed by the court pursuant to Pa.R.Crim. P. 1035 shall continue representation as provided in Local Rule 1035.
(b) Withdrawal of Appearance. Counsel for a defendant may not withdraw his or her appearance except by leave of court. The request shall be in writing (see form which follows this Local Rule), or may be made orally in open court in the presence of the defendant. The Court may grant the request to withdraw when new counsel enters an appearance, when new counsel is appointed to represent the defendant, or when the defendant intelligently waives the right to counsel.
Comment: The entry of appearance process has been problematic in Traffic Court proceedings. This Local Rule is designed to advise all parties that counsel must enter an appearance as a precondition to representation of Traffic Court defendants. Traffic Court will not provide defendant information to counsel until an entry of appearance is filed. Counsel is not permitted to enter an appearance for a limited purpose--i.e. representation for a warrant hearing, or impoundment hearing and the like. Rather, counsel must enter an appearance in connection with all proceedings in the Traffic Court and must officially withdraw from the case to be relieved of further legal obligations at the Traffic Court level.
Local Rule 121. Waiver of Counsel.
The Waiver of Counsel Form executed by a defendant pursuant to Pa.R.Crim.P. 121 shall be as follows:
Local Rule 454. Trial in Summary Cases. Role of the affiant. Sentencing orders.
(a) Summary Trial. The Traffic Court judge shall conduct the summary trial as provided by Pa.R.Crim.P. 454. At the conclusion of the summary trial, the judge shall sign the docket of the Traffic Court, identifying the disposition and the amount of the fine and costs imposed, if any. No facsimile signature may be used to sign the docket of the Traffic Court.
(b) Evidence. Representative or Designee of the Issuing Law Enforcement Officer or Agency.
(1) The law enforcement officer who issued or filed the citation (the ''affiant'') need not appear for the summary trial. The allegations in the citation may be recited on behalf of the issuing law enforcement officer, and that individual is authorized to ask questions of any witness who testifies.
(2) In addition to any law enforcement officer, any authorized user of the Pennsylvania Justice Network (''JNET''), may produce and offer to the Court a defendant's certified driving record, as necessary.
(3) At any time before the completion of the summary trial or acceptance of a guilty plea, the representative or designee of the issuing law enforcement officer or agency may request in open court the Traffic Court judge for permission to withdraw one or more of the charges pursuant to Pa.R.Crim.P. 457. If the Traffic Court judge authorizes the withdrawal of one or more of the charges, the Traffic Court judge shall record such withdrawal(s) on the docket of the Traffic Court.
(4) The representative or designee of the issuing law enforcement officer or agency may engage in plea bargaining with the defendant; however, all plea bargains are subject to the approval of the assigned Traffic Court judge in open court.
(c) Sentencing Orders. Every defendant shall be given a copy of the written order imposing sentence issued as required by Pa.R.Crim.P. 454(E). The Traffic Court judges shall use sentencing orders substantially in the form set forth below whenever a period of incarceration is entered as part of a sentence.
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[Continued from previous Web Page] Local Rule 1031. Institution of Proceedings in Summary Traffic Cases.
(a) Issued Citations. Scheduling of Summary Trial. Notice To Appear. Service. As authorized by Pa.R.Crim.P. 1031(B), the citation issued to a defendant pursuant to Pa.R.Crim.P. 405 shall contain the date, time and location of the summary trial. As authorized by Pa.R.Crim.P. 451(A), service shall be made by the issuing law enforcement officer who shall hand a copy of the citation containing the Notice to appear to the defendant.
(b) Filed Citations. Scheduling of Summary Trial. Notice To Appear. Service. A citation filed pursuant to Pa.R.Crim.P. 410 et seq. shall contain the date, time and location of the summary trial. Service shall be made as set forth in Pa.R.Crim.P. 451 (B). If the defendant fails to appear for a summary trial scheduled by first class mail, the hearing will be re-scheduled and the defendant shall be served by certified mail or personal service.
(c) Form of the Citation. The citation issued to the Defendant shall be substantially as the form which follows this Local Rule, and as may be otherwise modified from time to time.
(d) Citations Which Do Not Contain A Hearing Date. If a law enforcement officer does not enter the date, time and location on a citation issued pursuant to subsection (a), the court shall schedule the summary trial and send a notice of trial by first class mail to the defendant's last known address.
Comment: Notices mailed to a defendant shall be mailed to the defendant's most current address available to the Traffic Court. The most current address may be the address on record with the Pennsylvania Department of Transportation, or the address the defendant provided to the law enforcement officer at the time the citation was issued, or the address the defendant has provided to the Traffic Court, whichever is later.
Local Rule 1032. Pleas in Response to Citation. Failure to Timely Plea or Pay the Requisite Collateral.
(a) General Rule. A defendant must enter a plea within ten days after issuance of the citation as required by Pa.R.Crim.P. 407 regardless of whether the citation issued to the defendant contains a summary trial hearing date.
(b) Not Guilty Plea. The defendant may plead not guilty in person at the Traffic Court, on-line through the Court's website, http://courts.phila.gov (click the ''Traffic Court'' link under the section entitled ''Courts of the District''), or by mail by following the instructions contained on the back of the citation. The summary trial will be held on the date assigned pursuant to Local Rule 1031. No additional Notice of Trial shall be required to advise the defendant of the summary trial date unless the summary trial scheduled pursuant to Local Rule 1031 is rescheduled by the Philadelphia Traffic Court.
(c) Guilty Plea.
(1) Except as provided in paragraph (c)(2), the defendant may plead guilty in person at the Traffic Court, on-line through the Court's website, http://courts.phila.gov (click the ''Traffic Court'' link under the section entitled ''Courts of the District''), or by mail by following the instructions contained on the back of the citation.
(2) If the defendant has been cited for violation of 75 Pa.C.S. § 1543 (B), and other violations which require the imposition of a prison sentence upon a guilty plea or adjudication, the defendant may not plead guilty by mail or electronically, and the summary trial will be held as scheduled, unless it is rescheduled by the Court.
(3) Any notice which reschedules a summary trial shall be mailed to the defendant, by first class mail, at the Defendant's last known address. A bench warrant shall be issued if the defendant fails to appear for the summary trial.
(d) Failure to Timely Plea or Post the Requisite Collateral. As required by Pa.R.Crim.P. 430, a warrant for the arrest of a defendant shall be issued if a defendant fails to enter a plea within ten days after the issuance of a citation. Moreover, the defendant's operating privileges may be suspended pursuant to 75 Pa.C.S. § 1033, and a late fee will be assessed, if the defendant fails to file a plea within ten days after issuance of the citation. A written notice of suspension, issuance of arrest warrant, or imposition of late fee shall be sent to the defendant, by first class mail, at the defendant's last known address.
Comment: Notices mailed to a defendant shall be mailed to the defendant's most current address available to the Traffic Court. The most current address may be the address on record with the Pennsylvania Department of Transportation, or the address the defendant provided to the law enforcement officer at the time the citation was issued, or the address the defendant has provided to the Traffic Court, whichever is later.
Local Rule 1033. Procedures When Defendant Arrested With Warrant.
(a) Defendant Arrested During Traffic Court's Hours of Operation.
(1) A defendant arrested pursuant to a Traffic Court warrant shall be brought to the Traffic Court as soon as practicable after being processed provided the Traffic Court is open.
(2) A warrant hearing shall be conducted promptly by a Traffic Court Judge or hearing officer appointed pursuant to Local Rule 1036 to determine the reasons for the issuance of the warrant, and to determine whether a summary trial or hearing on the matter which resulted in the issuance of the warrant can be held immediately. At the conclusion of the warrant hearing, all outstanding Traffic Court warrants against the Defendant shall be withdrawn.
(i) If it appears that the summary trial or hearing on the matter which resulted in the issuance of the warrant can be held immediately, the summary trial or hearing will be held immediately.
(ii) If it appears that the summary trial or hearing on the matter which resulted in the issuance of the warrant cannot be held immediately, the Traffic Court Judge or hearing officer shall:
(A) Schedule the summary trial or hearing and determine whether collateral must be posted by the defendant to secure defendant's release pending the hearing or summary trial. The Scheduling Orders shall be substantially in the form which follows this Local Rule.
(B) The defendant shall be released unless collateral has been ordered and is not posted.
(C) If the defendant is ordered to post collateral and the collateral is not posted, the defendant shall be brought to the county prison and held pending the summary trial or hearing. Provided, however, that the defendant shall be released at any time before the scheduled summary trial or hearing when the collateral is posted.
(b) Defendant Arrested While Traffic Court is Closed. A defendant arrested pursuant to a Traffic Court warrant while the Traffic Court is closed shall be processed as provided in Philadelphia Municipal Court Rule 540. The Subpoena/Commitment form used by the Municipal Court Bail Commissioner shall be substantially as the form which follows this Local Rule.
Comment Pa.R.Crim.P. 1033, Philadelphia Municipal Court Rule 540, and this Local Rule are intended to provide a warrant hearing process which minimizes the time a defendant is held before a warrant hearing is conducted. However, the very nature of an arrest, the need to properly identify the defendant, and the internal protocol the arresting law enforcement officers need to follow incident to an arrest will, per force, take time. Nonetheless, it is expected that, to the extent possible, the time a defendant is held be minimized. The standard form of the Scheduling Orders is set forth below together with documents which will secure defendant's release when collateral has been ordered and is posted either at the Traffic Court of Bail Acceptance Unit at the Criminal Justice Center, which is open around the clock, every day, including holidays.
Local Rule 1035. Appointment of Counsel.
Counsel shall be provided to Traffic Court defendants who qualify pursuant to Pa.R.Crim.P. 1035 as follows:
(a) Counsel will be appointed by the office of the Traffic Court Administrative Judge on a per diem basis to represent all Traffic Court defendants entitled to court-appointed counsel in connection with Traffic Court summary trials or hearings on the day of counsel's appointment. A separate appointment order, substantially in the form which follows this Local Rule, will be issued concerning each defendant represented by court-appointed counsel.
(b) Court-appointed counsel's appointment terminates at the conclusion of the Traffic Court hearing; however, in the event any defendant represented during such one day appointment is sentenced to a period of incarceration, counsel's appointment will continue for that defendant
until final judgment (including any proceedings upon direct appeal) of such prison sentence.(c) Court-appointed counsel's per diem compensation is $200 for representing Traffic Court defendants at the Traffic Court level regardless of the number of defendants represented on the assigned day.
(d) Compensation for representing a defendant in connection with an appeal to the Court of Common Pleas (regardless of the number of citations issued to the defendant which are being appealed) shall be $200.00.
(e) Court-appointed counsel shall be compensated $300.00 per defendant for appeals to any appellate court from a prison sentence imposed by the Court of Common Pleas.
(f) The appointment of counsel constitutes authority for the defendant to proceed in forma pauperis and authorization to file pleadings without the payment of filing fees.
[Pa.B. Doc. No. 05-2399. Filed for public inspection December 30, 2005, 9:00 a.m.]
