681 In re: administrative directive for criminal cases in the municipal court of Philadelphia; judicial administration; no. 344?
Title 249—PHILADELPHIA RULES PHILADELPHIA COUNTY In Re: Administrative Directive for Criminal Cases in the Municipal Court of Philadelphia; Judicial Administration; No. 344 [40 Pa.B. 2013]
[Saturday, April 17, 2010]Directive Per Curiam:
And Now, this 5th day of April, 2010, under the authority provided in the Pennsylvania Constitution, Article V, § 10 (a) and (c), and in Schedule Article V, § 16 (j), the following Administrative Directive is effective April 7, 2010 for all Judges hearing criminal matters in the Municipal Court of Philadelphia County:
1) Judges in the Criminal Division of the Municipal Court of Philadelphia County are hereinafter required to determine the status of cases appearing on the daily list by first determining whether defense counsel is ready to proceed, and then determining whether the Commonwealth is ready to proceed. Municipal Court Judges shall use this procedure whenever the Court is trying to determine the status of a case on the daily list.
2) Judges in the Criminal Division of the Municipal Court of Philadelphia County shall conduct an initial call of the list to determine ready cases. No case may be continued prior to 11 a.m. without the joint approval of the Commonwealth and defense counsel. The Municipal Court Judge shall then proceed to hear ready cases. After all ready cases are heard, the Municipal Court Judge shall conduct a second call of the list to determine if there are any further ready cases. The Municipal Court Judge shall then hear the ready cases from the second call of the list, if there are any such cases. After the ready cases from the second call of the list have been heard, a third call of the list shall be conducted to ascertain if there are any further ready cases. Any further ready cases shall be heard by the Court prior to any adjournment by the Court for the day. No case that is ready in the courtroom may be marked as ''Ready Not Reached,'' or any similar designation.
3) All preliminary hearings scheduled in the Municipal Court of Philadelphia shall have the first priority of cases for being heard. Defense counsel is to attend preliminary hearings prior to attending any other proceedings in the First Judicial District or any other Judicial District in the Commonwealth or in Federal Court. Exceptions to this Directive shall be:
A) Where defense counsel has obtained a continuance from the presiding judge of the courtroom where the preliminary hearing case is listed, 48 hours in advance of the case listing, and has immediately notified the Commonwealth; or,
B) Where defense counsel is actually on trial in another proceeding in the First Judicial District or another Judicial District in the Commonwealth or in Federal Court.
Court staff in preliminary hearing rooms shall inform the court staff in other courtrooms, including other preliminary hearing rooms, as to the status of defense counsel who are needed in the preliminary hearing room and who also have cases not actually on trial in other courtrooms that same day.
To the extent that Local Rule 805 is inconsistent with this Directive, it is hereby superseded by this Directive.
By the Court
PATRICIA NICOLA,
Chief Clerk
Supreme Court of Pennsylvania[Pa.B. Doc. No. 10-681. Filed for public inspection April 16, 2010, 9:00 a.m.]
