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
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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 |
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FROM ARREST |
FROM ARREST |
FROM
COMPLAINT |
FROM
COMPLAINT |
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INCARCERATED |
NOT INCARCERATED |
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FELONY |
90% WITHIN 120 DAYS |
100% WITHIN 180 DAYS |
90% WITHIN 150 DAYS |
90 % WITHIN 180 DAYS |
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98% WITHIN 180 DAYS |
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98% WITHIN 180 DAYS |
98% WITHIN 240 DAYS |
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100% WITHIN 1YEAR |
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MISDEMEANORS |
90% WITHIN 30 DAYS |
100% WITHIN 90 DAYS |
90% WITHIN 150 DAYS |
90% WITHIN 180 DAYS |
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100% WITHIN 90 DAYS |
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98% WITHIN 180 DAYS |
98% WITHIN 240 DAYS |
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SUMMARIES |
90% WITHIN 30 DAYS |
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90% WITHIN 30 DAYS |
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100% WITHIN 90 DAYS |
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98% WITHIN 90 DAYS |
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SUMMARY APPEALS |
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90% WITHIN 60 DAYS |
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