CARBON COUNTY COURT OF COMMON PLEAS

 

CRIMINAL

 

CASE MANAGEMENT PLAN

 

 

PRESIDENT JUDGE RICHARD W. WEBB

 

 

I.          JUDICIAL COMMITMENT TO CASEFLOW MANAGEMENT.

Since May 6, 1992, the Court has assumed the responsibility of ensuring the fair and prompt disposition of all cases, as well as, assure effective and efficient use of Court resources paid for by taxpayers.  Our success is attributable to the commitment of this principle by each District Justice, Judge, Court and County staff of the 56th Judicial District.

Goal setting provides the objectives and a benchmark for measuring its success.  The Court must meet reasonable time standards for the processing and prompt disposition of standard types of cases in terms of their nature and legal issues.  “Exhibit “1”, attached hereto, shows the time standards for criminal cases adopted by the American Bar Association, the National Conference of State Trial Judges, the Conference of State Court Administrators and the Pennsylvania Association of Court Management (PACM).  Carbon County’s Plan adheres to the time standards adopted by PACM.

II.        EFFECTIVE COMMUNICATIONS WITH THE BAR AND POLICE.

The Court coordinates scheduling of cases and makes reasonable accommodations to prosecuting attorneys, defense attorneys, and law enforcement personnel in the management of cases.  Operative scheduling allows the District Attorney and Public Defender Offices to provide full coverage efficiently.

III.       EARLY AND CONTINUOUS COURT SUPERVISION OF CASE PROGRESS.

The Court monitors the progress of cases from the time a summons or complaint is filed to ensure movement of cases to disposition, eliminating unnecessary delay and additional costs of prosecution.  Mere agreement of counsel/parties is not sufficient grounds for the Court to grant continuances.  When a continuance is granted, the matter is continued to a specified date.

 

IV.       EVENT-DATE CERTAINTY.

Reasonable certainty about event dates avoids aggravation, waste and unnecessary cost to the parties and their attorneys.  Moreover, national studies have found that nothing promotes pretrial dispositions more than the expectation that a trial is more likely than not to occur on or near the scheduled date.  Events are scheduled at the District Court level with notice given to attorneys/parties of all event dates and times, assuring case flow and expeditious case dispositions.

V.        A FUNCTIONAL CASE MANAGEMENT INFORMATION SYSTEM.

The fully automated court computer system provides relevant, accurate, and timely case information, supporting an efficient case management plan by tracking and maintaining cases and events.

VI.       TIME STANDARDS AND CASE MANAGEMENT CRITERIA.

Standard types of criminal cases are processed and scheduled in accordance with the time-disposition goals listed below as diagramed on the attached Exhibit “2” marked Carbon County Criminal Case Flow Chart.

            The following time-disposition goals apply:

1.      Preliminary hearing/waiver - 98% within 30 days of complaint, if case initiated by arrest; 98% within 50 days of complaint if by summons;

2.      Court arraignment - 98% within 40 days of preliminary hearing/waiver;

3.      Trials - 90% within 150 days of complaint; 98% within 180 days;

4.      Sentences - 90% within 30 days of guilt; 98% within 45 days.

 

 

Carbon County is divided into a Northern Division and Southern Division at the District Justice level.  District Court 56-3-01 and District Court 56-3-02 comprise the Southern Division and District Court 56-3-03 and District Court 56-3-04 comprise the Northern Division.

            All Preliminary Hearings for misdemeanor and felony cases are scheduled in clusters on Wednesdays every week.  One District Justice from the Southern Division schedules Preliminary Hearings for 9:00 A.M. and the other District Justice from the Southern Division schedules Preliminary Hearings for 1:15 P.M.  The same procedure is followed in the Northern Division.

A.        PRELIMINARY ARRAIGNMENT BEFORE DISTRICT JUSTICE:

1.         If a defendant is brought before the District Justice on an arrest warrant or a summons is issued, he/she will receive, in addition to the other required papers, the following:

(a)                Criminal Complaint and Arrest Warrant Affidavit

(b)               District Court Notice of Preliminary Hearing (Exhibit 3)

(c)                Carbon County Public Defender Guidelines (Exhibit 4)  -- The District Justice advises the Defendant to read the Guidelines carefully and contact the Public Defender's Office for an appointment if Defendant believes he/she qualifies. 

(d)               Alternatives to Trial or Guilty Plea if First Time Offender (Exhibit 5), District Attorney Notice of Accelerated Rehabilitative Disposition (ARD) Program (Exhibit 6), Questionnaire to Determine Eligibility for ARD Program (Exhibit 7) and Prior Criminal Record Form (Exhibit 8) -- The District Justice advises Defendant, if he/she is a first-time offender of a non violent crime, that Defendant may qualify for the ARD program. 

Defendant should review the Alternatives to Trial or Guilty Plea if First Time Offender, and if he/she thinks they qualify, Defendant completes and has notarized the Questionnaire to Determine Eligibility for ARD Program, completes the Prior Criminal Record Form, and brings both to the Preliminary Hearing at the District Justice’s Office.

B.         PRELIMINARY HEARINGS BEFORE DISTRICT JUSTICE:

1.         Entry of Appearance:

(a)    The attorney representing the defendant at a preliminary hearing signs an Entry of Appearance pursuant to CARB.R.Crim.P.120 and provides it to the District Justice before beginning the preliminary hearing.

(b)   The District Justice transmits the Entry of Appearance with the docket transcript to the Clerk of Courts to be filed of record.

            2.         A member of the District Attorney’s Office is assigned to conduct the prosecution

of all preliminary hearings and a member of the Public Defender’s Office is assigned to represent defendants who qualify for a public defender at the preliminary hearings.  The court computer system accommodates the desire to have the same attorney handle the case from preliminary hearing through trial.

            3.         A significant percentage of cases result in ARD or guilty plea stipulations.  In

order to accelerate negotiation and avoid needless delays, the following elements occur at the preliminary hearing:

(a)    The District Attorney provides the defense attorney with a copy of all police reports, and enlists the assistance of police departments in timely completion of such reports and supplemental reports;

 

(b)   The defendant, as part of the negotiation process, signs a Prior Criminal Record Form (Exhibit 8) listing his/her known prior record, acknowledges that the negotiations are contingent on the accuracy of the information, and acknowledges that an INTENTIONAL misstatement of the record can result in additional charges; and

(c)    Where a Guilty Plea or ARD agreement is reached, a written Stipulation for Trial, Guilty Plea or ARD Form (Exhibit 9), and if ARD, an Explanation of Accelerated Rehabilitation Program (ARD) and Waiver of Rights Form (Exhibit 10) are completed.

C.        SCHEDULING AT PRELIMINARY HEARING:

1.         A criminal case scheduling information form (Exhibit 11) is completed by the District Justice Office after each preliminary hearing/waiver.  This form lists the Arraignment date, Pretrial Status Conference date, Last Date to Plea-Plea Day and Jury Selection date.  The original of the scheduling form is forwarded by the District Justice with the docket transcript to the Clerk of Court with copies provided to the Defendant and defense counsel.

2.         Waiver of Arraignment Form (Exhibit 12) is signed by defendant and defense counsel if defendant is waiving his Common Plea Arraignment at the time of the preliminary hearing.

3.         When a DUI ARD has been negotiated, telephonic arrangements are made by a staff member of the District Justice Office to schedule a Court Reporting Network (CRN) evaluation.  The defendant is provided with a written Notice of the Procedure for CRN

 

 

 Evaluation Form (Exhibit 13) indicating the scheduled date and time.  Defendant acknowledges receipt of the form with his/her signature.

            D.        COMMON PLEAS SCHEDULING:

            Cases from two District Justices are assigned to each Common Pleas Judge.  Caseload is adjusted when necessary to balance the workload and to keep cases in line with this management plan.

E.                  ARRAIGNMENT AT COMMON PLEAS LEVEL:

1.         Local Rule CARB.R.Crim.P.571 provides that arraignments in non-capital cases, if not waived, are conducted by the District Attorney.   Arraignments are scheduled within 40 days from preliminary hearing/waiver and within 10 days of filing the criminal information.   Arraignment and Waiver of Arraignment forms listing motion deadline and defendant rights information are executed.

F.         COURT RULINGS ON MOTIONS:                      

1.                  Each Judge monitors the status of all outstanding motions.

2.                  Semi Annual Reports -- Pursuant to Pennsylvania Rule of Judicial Administration 703(B)(2), each Judge is responsible to report on matters submitted and undisposed for 90 days or more.

G.        PRETRIAL STATUS CONFERENCES:

1.         Pretrial status conferences are held on all cases not stipulated to at the District Court level.  The Pretrial Status Conferences are scheduled approximately 2 - 4 weeks before the scheduled trial date.  They are conducted by the District Attorney’s Office.  All defendants must be present.

 

H.                 SENTENCINGS:

1.         Most sentences are imposed at time of plea.  If sentences are not imposed at the time of plea, cases are scheduled for sentencing approximately 30 days thereafter.  Sentences may be imposed by a Judge other than the Judge who took the guilty plea or plea of nolo contendere.  See CARB.R.Crim.P.700.

I.          DISMISSAL AND EXPUNGEMENT:

1.         At the end of each month, the Adult Probation Office prepares a list of all cases/defendants who have successfully completed the ARD Program during the month.  A copy of the list is provided to the District Attorney and District Court Administrator.

            2.         If the District Attorney objects to the automatic expungement, the District Attorney follows the procedure set forth in Pa.R.Crim.P.320(b).

3.         The District Attorney reviews the list, makes notation on the list of any case(s) in which Objections will be filed, approves the list by initialing it, and forwards it to the District Court Administrator.

4.         In all cases where no objections are noted, the District Court Administrator forwards the Order of Dismissal to the appropriate Judge and, after filing same, prepares the Expungement Orders and Letters and expunges the cases from the public access screens of the Court Computer Database System after the thirty (30) day objection period expires.

5.         The Court and other offices as prescribed by law maintain a confidential list of completed expungement cases.

 

 


 

Exhibits

 

 

1.          Comparative Time Standards For Criminal Cases

2.          Carbon County Criminal Case Flow Chart

3.          District Court Notice of Preliminary Hearing

4.          Carbon County Public Defender Guidelines

5.          Alternatives To Trial Or Guilty Plea If First Time Offender

6.          District Attorney Notice of Accelerated Rehabilitative Disposition (ARD) Program

7.          Questionnaire to Determine Eligibility for ARD Program

8.          Prior Criminal Record Form

9.          Written Stipulation for Trial, Guilty Plea or ARD Form

 

10.      Explanation of Accelerated Rehabilitation Program (ARD) and Waiver of Rights Form

11.      Criminal Case Scheduling Information Form

12.      Waiver of Arraignment Form

13.      Procedure for CRN Evaluation Form


 

COMPARATIVE TIME STANDARDS FOR CRIMINAL CASES

 

 

 

 

 

 

AMERICAN BAR ASSOCIATION  & NATIONAL CONFERENCE OF STATE TRIAL JUDGES STANDARDS

CONFERENCE OF STATE COURT ADMINISTRATORS STANDARDS

 

PA ASSOCIATION OF COURT MANAGEMENT AND CARBON COUNTY STANDARDS

 

 

 

 

 

 

 

 

 

 

 

FROM ARREST

FROM ARREST

FROM COMPLAINT

FROM COMPLAINT

 

 

 

INCARCERATED

NOT INCARCERATED

 

 

 

 

 

 

 

 

 

 

FELONY

90% WITHIN 120 DAYS

100% WITHIN 180 DAYS

90% WITHIN 150 DAYS

90 % WITHIN 180 DAYS

 

98% WITHIN 180 DAYS

 

98% WITHIN 180 DAYS

98% WITHIN 240 DAYS

 

100% WITHIN 1YEAR

 

 

 

 

 

 

 

 

MISDEMEANORS

90% WITHIN 30 DAYS

100% WITHIN 90 DAYS

90% WITHIN 150 DAYS

90% WITHIN 180 DAYS

 

100% WITHIN 90 DAYS

 

98% WITHIN 180 DAYS

98% WITHIN 240 DAYS

 

 

 

 

 

SUMMARIES

90% WITHIN 30 DAYS

 

90% WITHIN 30 DAYS

 

 

100% WITHIN 90 DAYS

 

98% WITHIN 90 DAYS

 

SUMMARY APPEALS

 

 

90% WITHIN 60 DAYS