1514 In the matter of the adoption of local criminal rules of procedure; AD 2 of 2010; criminal division?

Title 255—LOCAL
COURT RULES

CRAWFORD COUNTY

In the Matter of the Adoption of Local Criminal Rules of Procedure; AD 2 of 2010; Criminal Division

[40 Pa.B. 4745]
[Saturday, August 21, 2010]

Order

 And Now, this 6th day of August, 2010, it is Ordered and Decreed that the following Rules of the Court of Common Pleas of Crawford County, Pennsylvania, Criminal Division, are amended, rescinded or adopted as indicated this date, to be effective thirty (30) days after publication in the Pennsylvania Bulletin except the trial terms scheduling changes contained in Rule 552 will be effective for the March 2011 Term of Criminal Court.

 Crawford County Local Criminal Procedural Rules 590 and 600 are amended to state as follows.

 A portion of Crawford County Local Criminal Procedural Rule 319, as indicated is rescinded and Rule 502 is rescinded in its entirety, as is Form 502.

 Crawford County Local Criminal Procedural Rule 552, including Form 552, is adopted.

 Crawford County Local Criminal Procedural Rules 541 and 543 are amended only to the extent that any reference to Rule 502 is replaced with Rule 552.

 The District Court Administrator is Ordered and Directed to:

 1. Distribute two (2) certified paper copies and one (1) computer diskette or CD-ROM copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 2. File one (1) certified copy of the local rule changes with the Administrative Office of Pennsylvania Courts.

 3. Provide one (1) certified copy of the local rule changes to the Supreme Court of Pennsylvania Criminal Procedural Rules Committee.

 4. Publish a copy of the local rule changes on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

 5. Provide one (1) certified copy of the Local Rule changes to the Crawford County Law Library.

 6. Keep such local rule changes, as well as all local criminal rules, continuously available for public inspection and copying in the Office of the Clerk of Courts of Crawford County and on the Crawford County web site at www.crawfordcountypa.net. Further, upon request and payment of reasonable costs of reproduction and mailing, the Clerk of Courts of Crawford County shall furnish a copy of these changes to the local rules, as well as all local criminal procedural rules of this Court, to any person requesting the same.

By the Court

ANTHONY J. VARDARO, 
President Judge

 The second paragraph and the ''Note'' of Rule 319 is rescinded so that only Paragraph (1) of that rule, which states the following shall remain in effect:

Rule 319. Dismissal of Charges After Successful Completion of ARD Program.

 Upon the successful completion of a defendant's participation in the Accelerated Rehabilitative Disposition Program, the Probation/Parole Department or the defendant may file a Motion requesting that the Court terminate the ARD case and dismiss the defendant's charges.

Rule 502. Local Scheduling Procedures. is rescinded and Rule 552. Local Scheduling Procedures. is adopted as follows:

Rule 552. Local Scheduling Procedures.

 (1) Annually, no later than September 30th, the Court Administrator shall publish a schedule for the succeeding year setting forth the following pertinent dates that affect each criminal case with the appropriate schedule to be set in motion by the date the defendant either waives the preliminary hearing or is bound over following the preliminary hearing:

 (a) The date of the formal arraignment, which shall be the first available formal arraignment date at least twenty (20) days after the preliminary hearing is held or waived.

 (b) The date for the Call of the Criminal Trial List, which shall be no sooner than forty-five (45) days after formal arraignment nor less than thirteen (13) days from the date trial is scheduled to commence for the case.

 (c) The first day of the trial term at which the case is scheduled.

 (2) The Court Administrator shall, immediately after publishing said schedule, provide copies to each of the sitting judges, each sitting Issuing Authority, the District Attorney's Office, the Public Defender's Office, each member of the county criminal defense bar known to the Court Administrator and out-of-county criminal defense counsel known to have been recently practicing in Crawford County. Additionally, copies shall also be available, free of charge, at all times in the Court Administrator's Office, the Crawford County Clerk of Courts Office and shall be promptly posted by the Court Administrator on the Crawford County web site at www.crawfordcountypa.net.

 (3) At the time a defendant is bound over to court or waives a preliminary hearing, each Issuing Authority shall prepare a Criminal Case Scheduling Form with an original and five copies substantially in the form set forth as Form 552.

 The Issuing Authority shall orally advise the defendant and counsel of the time, date and place of formal arraignment and that the failure to appear at such formal arraignment or other required appearances as set forth in the Criminal Case Scheduling Form may result in the defendant's arrest and forfeiture of bond.

 The Issuing Authority shall require the defendant to sign the Criminal Case Scheduling Form, indicating the defendant is aware of the time, date and place of formal arraignment and of the obligation to appear at formal arraignment and other proceedings noted thereon.

 Once the Criminal Case Scheduling Form has been completed, the defendant shall be provided with a copy and the Issuing Authority shall retain a copy for the Issuing Authority's records. If they are present, the Issuing Authority shall provide a copy to the defendant's attorney and/or the District Attorney's Office. All undistributed copies, together with a copy for the Court Administrator, shall be forwarded promptly to the Court Administrator for proper distribution. The original Criminal Case Scheduling Form shall be attached to the official record when it is forwarded to the Clerk of Courts as required by Pa.R.Crim.P. 547.

 (4) The Thursday prior to the commencement of trials for a criminal trial term is the last day the Court will accept negotiated pleas (plea bargains) and jury trial waivers unless a judge of this Court determines there was extraordinary cause for the deadline to be missed.

 For the purpose of this rule, a ''negotiated plea'' or ''plea bargain'' shall include any agreement between the parties that will result in the Commonwealth dismissing one or more charges and/or reducing the grading of one or more charges and/or making a sentencing recommendation favorable in any way to the defendant.

 ''Extraordinary cause'' will only be found to have occurred if the Court is satisfied that, despite the best efforts of both the Commonwealth and the defense, the negotiated plea deadline or jury trial waiver deadline prescribed in these rules could not be met.

IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA
CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA	:	Common Pleas No.: CR ______
		MDJ No.: CR ______
vs.	:	OTN No.: ______
______	:	[  ] Revised
Defendant

CRIMINAL CASE SCHEDULING FORM

Charges: ______		Date Complaint Filed: ______
______
______
______		_________________
Defense Counsel		Date of Preliminary hearing/waiver

IMPORTANT NOTICE

You and your attorney and/or attorney's representative are required to appear for the following proceedings. These dates may not be changed without leave of Court.

 1. Formal Arraignment: ______ 9:00 a.m.; prevailing local time, in Assembly Room, basement, Crawford County Courthouse, Meadville, Pennsylvania. Formal arraignment may be waived, but ONLY if you have an attorney prior to your formal arraignment date.

 2. Criminal Call of List: ______ 8:45 a.m., prevailing local time, Courtroom No. 1, Crawford County Courthouse, Meadville, Pennsylvania.

CAUTION: YOU MUST APPEAR AT THE CALL OF THE CRIMINAL TRIAL LIST. IF YOU FAIL TO APPEAR, A BENCH WARRANT WILL BE ISSUED FOR YOUR ARREST.

THE LAST DAY FOR THE COURT TO ACCEPT NEGOTIATED PLEAS (PLEA BARGAINS) IS THE THURSDAY PRIOR TO THE FIRST DAY OF JURY TRIALS. THAT SAME DATE IS THE LAST DAY YOU MAY, WITH THE CONSENT OF THE DISTRICT ATTORNEY'S OFFICE, ASK THE COURT TO ALLOW YOU TO WAIVE YOUR RIGHT TO A JURY TRIAL AND INSTEAD BE TRIED BEFORE A JUDGE.

 3. First day of Jury Trials: ______ 8:45 a.m.; prevailing local time; Courtroom No. 1, 2 or 3, Crawford County Courthouse, Meadville, Pennsylvania.

ANY FAILURE TO APPEAR FOR A SCHEDULED COURT APPEARANCE MAY RESULT IN FORFEITURE OF YOUR BAIL BOND AND THE ISSUANCE OF A BENCH WARRANT FOR YOUR ARREST AS WELL AS ADDITIONAL CHARGES OF DEFAULT IN REQUIRED APPEARANCE.

You must, within forty-eight (48) hours of any change of address and/or telephone number, notify the Crawford County Clerk of Courts Office (814-333-7442), the Crawford County Court Administrator's Office (814-333-7498), the Crawford County District Attorney's Office (814-333-7455) and your attorney of any change of address and/or telephone number.

 The undersigned hereby acknowledges receipt of a copy of this notice.

Date: ______	______
	Signature of Defendant
Original: Clerk of Courts [White]
Court Administrator [Gold]	______
District Attorney [Green]	Signature of Counsel
Defense Counsel [Yellow]
Defendant [Pink]	______
Issuing Authority [Blue]	Signature of Issuing Authority

Form 552

 Rule 590 is amended to state as follows and Form 590 is amended only to the extent the modification to the ''Megan's Law Supplement to Guilty Plea Colloquy is changed as follows:

Rule 590. Pleas, Plea Agreements and Written Colloquies.

 (1) The Court will be available for the purpose of taking guilty or nolo contendere pleas from time to time as designated by the Court Administrator. Those times shall include each Thursday afternoon that court is in session unless otherwise rescheduled with advance notice to the District Attorney and the criminal defense bar. Pleas will also be taken immediately after the Call of the Criminal Trial List.

 (2) Plea Agreements—Whenever a guilty plea or nolo contendere plea agreement is reached between the parties, a Plea Agreement Form substantially in the form set forth in Form 590 shall be filled out. Said form shall be signed by the District Attorney or Assistant District Attorney, defense counsel, and the defendant. A copy of the form to ultimately be filed in the Court Administrator's Office shall be provided by the District Attorney's Office to the judge who is taking the plea. Copies of the Plea Agreement Form shall be supplied to defense counsel and the defendant.

 (3) Written Guilty Plea and Nolo Contendere Colloquies—The Court, within the discretion of the individual judge presiding at Plea Court, will permit guilty pleas and nolo contendere pleas to be entered through the use of a written colloquy on a form substantially consistent with the form hereinafter set forth in this rule, provided that the defendant is represented by counsel.

 Those entering pleas through a written colloquy will do so at the onset of Plea Court times scheduled as aforesaid. Counsel representing the defendant who will be entering a plea through the use of a written colloquy shall appear with such clients at the time set for Plea Court to actually begin rather than the time designated for the video explaining a defendant's rights which begins approximately a half hour before the scheduled Plea Court.

 A written plea colloquy shall not be used where defendants are pleading guilty or nolo contendere to first, second or third degree murder. Otherwise a judge may decide that a written plea colloquy should not be used in certain cases.

 If the plea is to be entered through the use of a written guilty plea or nolo contendere colloquy, counsel shall review and explain to the defendant the contents of the colloquy form and shall be satisfied that the defendant understands all of the questions on the form and that the defendant is entering a knowing and voluntary plea.

 The defendant's counsel's signature on the Guilty or Nolo Contendere Plea Colloquy Form shall constitute a certification by the attorney that the attorney has read, discussed and explained the elements of all offenses and all other questions on the plea form, and to the best of counsel's knowledge, information or belief the defendant understands the consequences of his entering the plea.

 The Guilty or Nolo Contendere Plea Colloquy shall be prepared substantially in the form hereinafter set forth and shall be filed in open court at the time of the entry of any plea of guilty or nolo contendere.

 (4) Megan's Law Supplement to Guilty Plea Colloquy—If a guilty plea or nolo contendere plea is entered by a defendant using a written plea colloquy substantially in the form hereinafter set forth in this Rule and the defendant is subject to the provisions of Megan's Law, the Megan's Law Supplement to Guilty Plea Colloquy hereinafter set forth shall be used.

 Counsel shall review and explain to the defendant the contents of the Megan's Law Supplement and shall be satisfied that the defendant understands all the questions on the Megan's Law Supplement form.

 The Megan's Law Supplement to Guilty Plea Colloquy shall be filed in open court at the time of the entry of any plea of guilty or nolo contendere.

 (5) Whenever a guilty plea or nolo contendere colloquy is presented, the judge accepting the written plea colloquy will also conduct a limited oral colloquy to supplement the written guilty plea and nolo contendere colloquy.

 (6) The last day to enter a negotiated guilty or nolo contendere plea, as defined in Rule 552(4), shall be the Thursday prior to the commencement of trials unless ''extraordinary cause,'' as defined in Rule 552(4) exists.

MEGAN'S LAW SUPPLEMENT TO
GUILTY PLEA COLLOQUY

FORM 590

 Paragraph Number (1) of the portion of Form 590, known as the ''Megan's Law Supplement to Guilty Plea Colloquy'' is rescinded thirty (30) days after publication in the Pennsylvania Bulletin and effective that same date the following shall become numbered Paragraph (1) of the ''Megan's Law Supplement to Guilty Plea Colloquy.''

(1) Do you understand that as a result of your conviction, you will be required to register with the Pennsylvania State Police and inform them of your current address and any change of address within forty-eight (48) hours of such change? ______

Rule 600. Sessions of Criminal Court, Trial List and Other Procedures. is amended to state as follows in its entirety and Form 600 is adopted.

Rule 600. Sessions of Criminal Court, Trial List and Other Procedures.

 (1) Sessions of Criminal Court

 (a) Regular sessions of Criminal Term of Court shall be held during the months of January, March, May, June, September and November of each year as designated on the court calendar published annually by the Court. Such sessions may be extended or other special sessions may be held at such times as will conform most conveniently to the business of the Court and the state and local criminal rules so long as at least 30 days notice of any extension of a criminal term or any addition of a term beyond a regular session of court is given. The notice shall be given by the Court Administrator to the District Attorney's Office; the Public Defender's Office; members of the Crawford County criminal defense bar; out-of-county defense attorneys known to the Court Administrator's Office to recently practice in Crawford County and to all magisterial district judges. Further, the Court Administrator shall promptly post such notice on the Crawford County web site at www.crawfordcountypa.net.

 (b) Sentence Court and any other hearings shall be scheduled from time to time by the Court Administrator as the Court may direct and in compliance with the Pennsylvania Rules of Criminal Procedure as well as these Local Rules.

 (c) Whenever Plea Court is scheduled pursuant to Cra.R.Crim.P. 590(1), the District Attorney shall notify the Court Administrator of the defendants who are scheduled to plead on a particular plea date. The Court Administrator shall keep a plea list with the pleas scheduled for specific plea dates. The list shall be available in the Court Administrator's Office and the Clerk of Courts Office at least twenty-four (24) hours prior to the scheduled plea date. The District Attorney shall not be required to comply with this provision for pleas scheduled following the Call of Criminal Trial List.

 (2) Trial List and Other Procedures

 (a)(1) The Court Administrator shall maintain a master list of criminal cases chronologically as the Court Administrator receives a copy of the Criminal Case Scheduling Form required to be provided by the Issuing Authority pursuant to Rule 552 of these rules. This list shall be known as the ''Master Criminal List.'' Each entry on this list shall include information deemed pertinent by the Court Administrator in consultation with the Court, but shall at least contain the name of the defendant, the number docketed for the case in the Clerk of Courts Office, the pertinent date pursuant to Pa.R.Crim.P. 600 and the name of any attorney who has appeared on behalf of the defendant.

 (2) The Court Administrator shall prepare the Criminal Trial List for each session of the Criminal Term of Court and shall arrange the cases in chronological order based on the current status of the ''Master Criminal List'' beginning with case number one on said list and continuing through the last case in which a defendant has been notified by the Criminal Case Scheduling Form provided that that defendant's case may be tried during the term for which the list was prepared.

 (3) All cases continued to a new trial term or not reached during the trial term due to the unavailability of the Court, shall appear chronologically on the ''Master Criminal List'' in the order in which they had previously appeared ahead of those cases chronologically listed for the next trial term so that the oldest cases will appear first on any list.

 (4) The ''Master Criminal List'' shall be available for counsel and other interested persons to view in the Court Administrator's Office during normal business hours and copies of the Criminal Trial List based on that ''Master Criminal List'' for each Criminal Term of Court shall be available free of charge in the Court Administrator's Office and in the Clerk of Courts Office at least one week prior to the call of the trial list for that designated Criminal Term of Court. That Criminal Trial List shall also be placed, by the Court Administrator's Office, on the Crawford County web site at www.crawfordcountypa.net at least one week prior to the Call of the Criminal Trial List for that designated Criminal Term of Court.

 (a)(1) Cases for each criminal term shall be tried in the order in which they chronologically appear on the criminal trial list for that trial term unless otherwise adjusted by the Court Administrator for proper reasons.

 (2) Any party upon good cause shown may move the Court to advance a case forward from its chronological location on the Criminal Trial List or have the case moved down further on the list to be tried either within the same term of Criminal Court or to be continued to the next term of Criminal Court. Any such motion must be filed in compliance with Pa.R.Crim.P. 106 and Cra.R.Crim.P. 106. The Court in its discretion may continue a case after that deadline if the motion to continue is consented to by the opposing party and/or the Court finds that good cause to continue the case has arisen after the Call of the Criminal Trial List.

 (3) Upon granting a motion under Crawford County Rule of Criminal Procedure 600(2)(b)(2), the Court will designate as part of its order where such case shall be placed on the chronological criminal list for that particular term of court or what date certain the case will commence. If the Court allows the case to be continued to the next Criminal Term of Court, it shall be placed by the Court Administrator on the ''Master Criminal List'' pursuant to Cra.R.Crim.P. 600(2)(a)(3).

 (4) If a case involves complex issues so that it is not amenable to the normal schedule, any party may, after formal arraignment occurs or is waived, move the Court to remove said case from the ''Master Criminal List'' so that the flow of the case through the system is handled independently of that procedure.

 (5) In the event a case is removed from its designated scheduling cycle originally established on the Criminal Case Scheduling Form (i.e. ARD consideration, omnibus pretrial motion, continuance, cases not reached during a trial term) and is returned to a scheduling sequence, the Court Administrator shall prepare a new Criminal Case Scheduling Form setting the remaining appropriate dates for the defendant to appear with said assigned dates to be based on a reasonable effort to return the case into the sequence of the system at the point where the case was removed from the sequence or if the case is to be placed in a subsequent term of court, to a normal sequence for that term of court.

 The Court Administrator shall distribute copies of the new Criminal Case Scheduling Form to the District Attorney's Office and defense counsel as well as to unrepresented defendants in a manner consistent with the Pennsylvania Rules of Criminal Procedure and the Crawford County Rules of Criminal Procedure.

 (3) Call of the Criminal Trial List.

 The Call of the Criminal Trial List for a particular Criminal Term of Court shall be held by the Court on the date and time scheduled by the Court Administrator's Office pursuant to Cra.R.Crim.P. 552.

 (a) In order to facilitate an organized Call of the Criminal Trial List, defense counsel shall notify the Court Administrator's Office, by noon on the last day the Courthouse is open prior to the Call of Criminal Trial List, of all defendants who are anticipated to enter guilty or nolo contendere pleas at the Call of the Criminal Trial List.

 (b) All defendants and all attorneys representing defendants for cases on the schedule for that term of criminal court must attend the Call of the Criminal Trial List unless:

 (1) A Motion For Continuance has been previously properly presented and granted; or

 (2) An Order has been entered by the Court prior to the Call of the Criminal Trial List excusing such appearance.

 (c) Failure to comply with the requirements of this Rule may result in the imposition of sanctions by the Court, including the issuance of a bench warrant and revocation of bail bond. Additionally, the District Attorney's Office may file a charge of Default in Required Appearance.

 (d) In open court, prior to calling all the names of individuals on the Criminal Trial List, the Court shall announce the day criminal trials begin and that the Thursday before criminal trials begin is the last day to enter a negotiated plea (plea bargain) and the last day to request a trial before a judge, rather than a jury.

 The Court Administrator's Office shall, no later than the close of business on the day after the Call of the Trial List, notify the Population Control Manager at the Crawford County Correctional Facility of the names of all defendants whose cases were called at the Call of the Criminal Trial List who are incarcerated in the Crawford County Correctional Facility and did not enter a guilty or nolo contendere plea on the day of the Call of the Criminal Trial List. The Population Control Manager at the Crawford County Correctional Facility, or such designated person at that facility, shall show a brief video, provided by the Court, to those incarcerated defendants, which video shall explain to those defendants the negotiated plea and jury trial waiver deadlines as set forth in Cra.R.Crim.P. 552(4).

 The person at the Correctional Facility who shows that video to the incarcerated defendants shall have each of those defendants sign ''Form 600,'' acknowledging that they have viewed that video.

 The Court Administrator's Office shall provide the necessary prepared acknowledgement forms to the Crawford County Correctional Facility or, alternatively, will provide the deadline date to be inserted in to those forms to the Crawford County Correctional Facility if the forms are already available at that facility.

ACKNOWLEDGEMENT OF NEGOTIATED PLEA
AND
JURY TRIAL WAIVER DEADLINES

IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA	:
	:
vs.	:	No.:
	:	OTN No.:
	:

NOTICE TO DEFENDANT

 I acknowledge that on the ____ day of _____ , 20__ I was shown a video at the Crawford County Correctional Facility advising me that the deadline to enter a negotiated plea and to enter into a Jury Trial Waiver is Thursday, the ____ day of _____ , 20__ .

______
Defendant

Date: ______

Form 600

 Rules 541, Notice Required Following Waiver of Preliminary Hearing and 543, Disposition of Case at Preliminary Hearing are amended only to replace references to former Rule 502 with new Rule 552. Additionally, the Crawford County Local Rules of Criminal Procedure Table of Rules is amended such that Rule 502 no longer appears and Rule 552, Local Scheduling Procedures is added.

[Pa.B. Doc. No. 10-1514. Filed for public inspection August 20, 2010, 9:00 a.m.]