report of the administrative office of pennsylvania supreme court

Report of the Administrative Office of

Pennsylvania Supreme Court 1998

Supreme Court of PennsylvaniaChief Justice John P. FlahertyJustice Stephen A. ZappalaJustice Ralph J. CappyJustice Ronald D. CastilleJustice Russell M. NigroJustice Sandra Schultz NewmanJustice Thomas G. Saylor

'98 in Brief(listed chronologically)

Honorable Sandra SchultzNewman elected to theAmerican Law Institute

Supreme Court reestab-lished and expanded theJudicial Council to assistCourt in managing UnifiedJudicial System

Supreme Court's SpecialCommission to LimitCampaign Expendituresreleased report makingeight recommendations tocap skyrocketing cost ofrunning for judicial seats;led to the amendmentof the Code of JudicialConduct and to the RulesGoverning Standards ofConduct of District Justices,clarifying when judicialcampaign fundraisingactivities must end

Supreme Court adoptedPennsylvania's first everRules of Evidence uponrecommendation of its AdHoc Committee onEvidence

Supreme Court appointed Carolyn Rudnitsky first non-attorney andfirst woman as chair of theDisciplinary Board

Chief Justice Flahery called on thestate's attorneys to volunteer moreof their time to help poor Pennsyl-aians who need legal assistance

Juanita Kidd Stout, the first blackwoman to sit on the PennsylvaniaSupreme Court, died at age 79

Honorable Max Baer, Family Courtadministrative judge for the Courtof Common Pleas of AlleghenyCounty was honored by the presi-dent for his work in speedingadoptions

Supreme Court enacted new rule ofcourt requiring that senior judgeswho do not serve on the appellatecourts resign at the age of 75

Nancy M. SobolevitchCourt Administrator of Pennsylvania

ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS

Philadelphia Office Harrisburg Office

1515 Market Street, Suite 1414 5035 Ritter Road, Suite 700Philadelphia, Pennsylvania 19102 Mechanicsburg, Pennsylvania 17055(215) 560-6300 (717) 795-2000

On the Internet: www.courts.state.pa.us

v

To: The Honorable Chief Justice of Pennsylvania and HonorableJustices of the Supreme Court of Pennsylvania and to theCitizens of the Commonwealth

I am pleased to present to you this Report of the Admin-istrative Office of Pennsylvania Courts for the calendar year 1998.Our goal is to provide you with a general reference document thatreflects the dedicated service of the staff of the Administrative Officeand the staff and members of the boards and committees of theSupreme Court.

Those of us entrusted with managing and operatingPennsylvania's court system take our responsibilities very seriously.Within this report you will find descriptions for an array of programsand services that provide the framework for an effective judicialsystem and improvements in the administration of justice.

If a general theme emerged concerning the operation of theCommonwealth’s courts in 1998, it would be one in which theJudiciary continued to move in the direction of improving service,access and justice for all Pennsylvanians.

By embracing the latest technologies, sharing informationand broadening public participation in the court system, manyachievements were made over the year.

Shortly after the start of the year, the Supreme Court movedto strengthen and expand its relationship with the public and itssister branches of state government. The court did so by reviving andbroadening the Judicial Council of Pennsylvania, an advisory bodywith membership from both the private and public sectors.

Among the issues the council initially considered were theplanning necessary to move to a greater unification of the judicialsystem, the accessibility of local rules of court to legal practitionersand the public, and the Judiciary’s facility needs in the Harrisburgarea.

Preface

from the

Court

Administrator

vi

Preface

from the

Court

Administrator,

continued

Another indication of the Court’s desire to hear more diversevoices came in June when the first non-lawyer was selected to chairthe Disciplinary Board of the Supreme Court. Carolyn Rudnitsky, aSelinsgrove therapist and educator, also became the first woman tohead the board since its creation more than 25 years ago.

Created in 1972, the Disciplinary Board investigatescomplaints about the conduct of Pennsylvania's 51,000-pluspracticing attorneys. Investigations are initiated by the DisciplinaryBoard on its own or in response to a complaint.

Chief Justice of Pennsylvania John P. Flaherty also issued acall during the year to the state’s attorneys to volunteer more of theirtime and talents to help poor Pennsylvanians who come before thecourts in search of justice. The call coincided with the PennsylvaniaBar Association’s creation of a Task Force on the Delivery of LegalServices, composed of lawyers and law faculty.

Mindful of Pennsylvania’s long and proud history of reondngto the legal needs of its poorer citizens through volunteer service, thechief justice implored attorneys to “ensure the doors of justice will beopen” to those who are unable to afford professional help.

The process by which Pennsylvanians elect statewide judgesalso came under review in 1998 as another example of the court’sinterest in enhancing public trust and confidence in the judiciary.

The Supreme Court’s Special Commission to Limit CampaignExpenditures released its findings after several months of study thatincluded hearings to gather public input.

Though the commission was charged with studying allaspects of the state’s judicial campaigns, its major focus centered ondetermining how to limit ever-increasing campaign spending.Among the group’s recommendations were proposed limits oncampaign spending, contributions and advertising.

In another election-related matter, the court amended tworules governing judicial conduct to eliminate uncertainty over cam-paign fundraising activity. The changes clarified when fundraisingmust end for minor court, trial court and appellate court jurists.

The court also demonstrated the Judiciary’s commitment toimproved criminal/civil litigation by adopting the state’s first rules ofevidence. An advisory committee that included attorneys, judgesand law school professors recommended adoption of the rules afterextensive collaboration and consultation with members of theGeneral Assembly. The Committee on Rules of Evidence was alsoformally constituted as an advisory body for the courts.

vii

Another example of continuing administrative progress in thecourts came with the issuance of new search warrant forms inOctober 1998 that are easier to access, use and update than previousforms. Thanks to technological advances made possible byPennsylvania’s automated District Justice System, and the Judiciary’seffective use of the Internet, new electronic application forms weremade available to authorized users in offices and in the field.

The new forms were devised over several months with inputfrom prosecutors, criminal defense lawyers, police officers andjudges.

Individual accomplishments during the year included JusticeSandra Schultz Newman’s election to the prestigious American LawInstitute. Madame Justice Newman joined the select nationwideranks of other distinguished judges, attorneys and law faculty topromote the law and its adaptation to social needs and justice andencourage scholarly legal work.

The year also marked the passing of former Supreme CourtJustice Juanita Kidd Stout who died in August at age 79. MadameJustice Stout was the first black woman to sit on the PennsylvaniaSupreme Court.

Madame Justice Stout was appointed by former GovernorRobert P. Casey in January 1988 to fill an unexpired term on the highcourt. She stepped down from the bench later that year afterreaching the mandatory retirement age of 70.

As we look back on the year — and the many individualswhose energy and determination helped make a difference — we canbe confident in managing an effective court system on behalf of allPennsylvanians in the years that lie ahead.

Sincerely,

NANCY M. SOBOLEVITCHCourt Administrator of Pennsylvania

Preface

from the

Court

Administrator,

continued

Supreme Court

IOLTA BoardPenna Lawyers

Fund forClient Security

Continuing Legal Education

Board

Board of Law Examiners

Rules Committees

Disciplinary Board of the

Supreme Court

Courts of Common Pleas

Commonwealth Court Superior Court

PittsburghMagistrates

PhiladelphiaTraffic Court

DistrictJustices

PhiladelphiaMunicipal Court

Pennsylvania's Unified Judicial System

Court ofJudicial Discipline

JudicialConduct Board

Court Administratorof Pennsylvania

(AOPC)Minor Judiciary

Education Board

Judicial Council

Cmte forProposed Standard Jury Instructions

5

P ennsylvania's judiciary began as a disparate collection of courts,some inherited from the reign of the Duke of York and someestablished by William Penn. They were mostly local, mostly parttime, and mostly under control of the governor. All of them were runby non-lawyers. And although the Provincial Appellate Court wasestablished in 1684, no court could be called the court of finalappeal. Final appeals had to be taken to England.

Several attempts were made in the early years of theeighteenth century to establish a court of final appeal inPennsylvania and to further improve and unify the colony's judicialsystem, but because the crown had final veto power over all coloniallegislation, these attempts proved futile. Finally, in 1727 the crownsanctioned a bill that had been passed five years earlier.

The Judiciary Act of 1722 was the colony's first judicial billwith far-reaching impact. It established the Pennsylvania SupremeCourt, providing for a chief justice and two justices who would sittwice yearly in Philadelphia and ride the circuit at other times; andit created the Court of Common Pleas in Philadelphia, Bucks andChester Counties.

The court system in Pennsylvania did not change again untilthe Pennsylvania Constitution of 1776. By establishing the Courts ofSessions, Courts of Common Pleas and Orphans' Courts in eachcounty, the constitution allowed Pennsylvania to see the beginning of a statewide framework for the development of its judicial system.

A new constitution in 1790 encouraged further develop-mentin the Commonwealth's judicial system by grouping counties intojudicial districts and placing president judges at the heads of thedistricts' Common Pleas Courts. This was meant to ease the Supreme Court's rapidly increasing workload. Constitutional

A Brief

History

of the

Courts of

Pennsylvania

6

A BRIEF HISTORY OF PENNSYLVANIA’S COURTS

Evolution of Pennsylvania's Judicial SystemJudicial system of local magistrates and anappellate court exist in Pennsylvania's earlysettlements

Judiciary Act of 1722 renames Provincial Courtthe Pennsylvania Supreme Court, allowing for one chief justice and two associate justices

Constitution of 1790 groups counties intojudicial districts, with president judges tohead the Common Pleas Courts

Constitutional amendment makes the entirejudiciary elective

Superior Court is created to ease burdens ofthe Supreme Court

Judicial Computer Project (JCP) links state's538 district justices with computer termi-nals and printers in each office; planning beginsfor Common Pleas phase of JCP, but is halted inJuly 1994 for lack of funds

1682

1722

1790

1850

1895

1992

1684

1776

1838

1874

1968

1997

Provincial Court established (future Pennsyl-vania Supreme Court)

Pennsylvania Constitution of 1776 establishesCourts of Sessions, Common Pleas Courts andOrphans' Courts in each county; sets tenure atseven years for Supreme Court justices

Constitution of 1838 fixes tenure for justicesof the Supreme Court at 15 years

Constitution of 1874 designates method forthe popular election of judges, increasesnumber of Supreme Court justices from five toseven and increases justices' tenure to 21years

Constitution of 1968 reorganizes Pennsyl-vania's courts into the Unified Judicial System;includes creation of Commonwealth Court,Court Administrator of Pennsylvania andAdministrative Office of Pennsylvania Courts

Supreme Court begins posting opinions onWorld Wide Web. Superior and CommonwealthCourts follow soon after

Chart 2.1.1

7


changes in 1838 and 1874 and a constitutionalamendment in 1850 effected changes in thejurisdiction, tenure, and election or appointmentof members of the judiciary. In 1895 the GeneralAssembly created the Superior Court to furtherease the work of the Supreme Court, giv-ing eachappellate court separate jurisdictions.

The Constitution of 1968 initiated themost sweeping changes in Pennsylvania'sjudiciary in nearly a century, creating theCommonwealth Court to reduce the workload ofthe Superior and Supreme Courts by hearingcases brought against and by the Common-wealth; substantially altering the minor courtsystem; and reorganizing the judiciary into theUnified Judicial System, consisting of theSupreme, Superior and Commonwealth Courts;Common Pleas Courts; Philadelphia MunicipalCourt; Pittsburgh Magistrates Court; PhiladelphiaTraffic Court; and district justice courts, withprovisions for any future courts the law mightestablish. (For further information on each ofthese courts, see The Structure of Pennsylvania=sUnified Judicial System on page 9.)

Both judicially and administratively, theSupreme Court is, by constitutional definition,Pennsylvania's highest court. In matters of law,it is the Commonwealth's court of last resort. Inmatters of administration, the Supreme Court isresponsible for maintaining a single, integratedjudicial system and thus has supervisoryauthority over all other state courts.

In 1980 the legislature approved adecrease in the Supreme Court's mandatedjurisdiction by expanding that of the SuperiorCourt. Consequently, the Pennsylvania SupremeCourt, like the United States Supreme Court, cannow exercise discretion in accepting or rejectingmost appeals, allowing it to devote greaterattention to cases of far-reaching impact, as wellas to its constitutional obligation to admin-isterthe entire judicial system.

Chart 2.1.1 on the preceding page is atime scale of the evolution of Pennsylvania'sjudicial system.

15

Before justices, judges and district justices can be appointed orelected to their positions, they must meet certain basic require-ments such as citizenship and residency. In addition, all butdistrict justices and Philadelphia Traffic Court judges must bemembers of the Bar of the Pennsylvania Supreme Court.

Jurists are also subject to strict standards of conduct, andthey may be removed, suspended or otherwise disciplined formisconduct in office. Those standards are specified in thePennsylvania Constitution; the ”Code of Judicial Conduct” in thePennsylvania Rules of Court, which applies to appellate and trialcourt judges; the ”Rules of Conduct, Office Standards and CivilProcedures for District Justices”; and such other court rules andorders as have been promulgated by the state Supreme Court.

Judicial elections occur in odd-numbered years. With theexception of the special courts judges, all justices and judgeswithin the Unified Judicial System are elected to ten-year terms.District justices and judges of Philadelphia's Municipal and TrafficCourts are elected to terms of six years, while judges of PittsburghMagistrates Court are appointed by the mayor to four-year terms.Vacancies occurring before an election may be filled bygubernatorial appointment, subject to Senate confirmation, untilsuch time as an election is held.

Judges and justices may serve an unlimited number ofterms and are reelected at the pleasure of the electorate. The”merit retention” provision of Pennsylvania's constitution allowsjustices and judges to run for reelection on a ”yes-no” vote, withoutballot reference to political affiliation. This provision was designedto remove judges from the pressures of the political arena oncethey begin their first terms of office.

Mandatory retirement age for judges is 70 years, but retiredjudges may, with the approval of the Supreme Court, continue toserve the Commonwealth as senior judges. This service helps easecourt backlogs. Effective January 1, 1999, all but senior appellatejudges and those senior judges who were sitting before this time,may serve as senior judges until they reach the age of 75.

Judicial

Qualifications,

Election,

Tenure,

Vacancies

17

T he Administrative Office of Pennsylvania Courts, also calledthe Administrative Office and the AOPC, is the administrative armof the Pennsylvania Supreme Court. It was established in January1969 following the Constitutional Convention of 1967-68, whichdefined the Supreme Court's authority for supervision andadministration of all courts.

The Court Administrator of Pennsylvania has beenempowered to carry out the Supreme Court's administrative dutiesand is responsible for assuring that the business of the courts ispromptly and properly disposed.

The Administrative Office conducts business from offices inPhiladelphia and the Harrisburg area with its seven operationalunits divided between each. In addition to the court admini-strator's office, the three units in Philadelphia include PolicyResearch and Statistics, Legal, and Judicial Services. A fourth de-partment -- Judicial Programs (formerly ACourt Management@) --awaits reestablishment. The four departments in Mechanicsburg,just south of Harrisburg, are Administration, which includesFinancial Systems, Payroll and Human Resources; the JudicialComputer System; Information Technology; and Communications/Legislative Affairs.

The Administrative Office's supervisory, administrative andlong-range planning duties include:

- reviewing practices, procedures and efficiency at all levels ofthe court system and in all related offices

- developing recommendations to the Supreme Court regardingimprovement of the system and related offices

- representing the judicial system before legislative bodies- examining administrative and business methods used by offices

in or related to the court system- collecting statistical data

Administrative

Office

of

Pennsylvania

Courts

18

ADMINISTRATIVE OFFICE

- examining the state of the dockets and mak-ing recommendations for expediting litigation

- managing fiscal affairs, including budgetpreparation, disbursements approval, andgoods and services procurement

- supervising all administrative matters relatingto offices engaged in clerical functions

- maintaining personnel records- conducting education programs for system

personnel- receiving and responding to comments from

the public- publishing an annual report- providing legal services to system personnel.

A brief description of each unit of theAOPC and its functions follows.

Office of the Court Administrator

In addition to supporting the work of theCourt Administrator of Pennsylvania, staff in theoffice of the court administrator provide visitingjudges to assist with court backlogs and casesinvolving recusals.

Policy Research and StatisticsDepartment

The Administrative Office's Policy Re-search and Statistics Department analyzes andevaluates the operations of the Unified JudicialSystem's various components. During any givenyear the department conducts a variety of stud-ies, ranging from caseflow management reviewsof individual trial courts to statewide surveys ofthe structure and functioning of judicial supportagencies, e.g., offices of the prothonotary andclerk of courts.

A core function of the department is tosystematically assemble data on the caseloads ofcounty and local courts, including the num-bersand types of new, disposed and pending cases,and, for certain case types, the ages of the casesawaiting adjudication. The statistical information

is reviewed and periodically verified throughaudits of county dockets. The Adminis-trativeOffice annually publishes the data in theCaseload Statistics of the Unified Judicial Systemof Pennsylvania. This report is available from theAOPC home page on the Internet, at www.courts.state.pa.us under AAdministrative Office,@in AAOPC Departments.@

The Administrative Office uses the statis-tical information gathered for many purposes,including the monitoring of county court systemoperations and development of policy initiativesconsistent with its mandate under the Rules ofJudicial Administration.

Among the departmental projects re-cently completed or now in progress are:

- statewide review of local procedures for ob-taining a Protection From Abuse (PFA) order

- an analysis of trial court decisional delaybased on the 1997 amendments to Rule ofJudicial Administration 703, specificallyexamining Post Conviction Relief Act (PCRA)cases

- comparative analysis of civil filings at the stateand national levels

- staff support to the Juvenile Court Rules Pro-ject, including a series of detailed surveys onlocal procedures in juvenile delinquency cases

- survey of judicial safety of the state's trial andspecial court judges

- analysis of condensed transcripts and e-tran-scripts with the aim of developing proposalsto amend Chapter 5000 of the PennsylvaniaRules of Judicial Administration (governingcourt reporting transcripts)

- updating and refining the caseload statisticalreporting system, including- the addition of the PFA Statistical Report- revisions to the Family Court Report to

provide greater detail in the disposition ofdivorce cases

- a breakdown of child dependency casesinto abuse/neglect and status offensecategories

19


- cooperative efforts with PACSES for thereporting of detailed child support cases

- survey of senior judge chamber facilities andsupport staff, followed by a rule changeapproved by the Supreme Court to meet theneeds of senior judges (Pa. R.J.A. 701).

Within the Policy Research and StatisticsDepartment, the Docket Transcript Sectionreceives, reviews and corrects data on all mis-demeanor, felony and escalating summary casesfiled in the 60 judicial districts. The informa-tionis submitted on paper forms and computer tapes. Staff send extracts of the data to thePennsylvania State Police, where individualcriminal histories, or rap sheets, are compiled.The AOPC and other state agencies also use thedatabase for statistical research.

Another responsibility of the departmentlies in the design of the many forms used in thestate court system. The development of newforms and the modification of existing formsrequire extensive consultation with system per-sonnel, especially the end-users of the forms.

Legal Department

The Legal Department provides adviceand counsel to the court administrator and to theother units of the Unified Judicial System (UJS)while also assisting in various adminis-trativeareas.

Specifically, the chief counsel's staffrepresents UJS personnel -- including those ofthe various courts of the Commonwealth, theDisciplinary Board, and the Pennsylvania Boardof Law Examiners -- in litigation. Actions in-volving UJS personnel often include suits filed inthe federal district courts that raise various civilrights and constitutional issues. Typical statecourt proceedings involving court personnelpertain to petitions for review of governmentalactions and petitions to determine the rights andduties of public officials.

Other significant activities involvingcounsel staff include:

- active participation in planning and imple-menting the Judicial Computer System, thestatewide court automation program

- reviewing leases and contracts for appellatecourt offices and related offices, chambers andcommittees of the UJS

- providing legal and administrative assistanceand advice to the court administrator

- assisting in the process of conducting propor-tionality reviews in first degree murder cases

- assisting in procurement matters- reviewing legislation affecting the judiciary.

Communications/Legislative Affairs

In its role as both legislative and medialiaison, the Office of Communications andLegislative Affairs represents the AOPC before thestate's executive and legislative branches ofgovernment, as well as to the media. As medialiaison, staff field inquiries from reporters, draftpress releases, publish the AOPC annual report,develop other publications and set up pressconferences.

The office also monitors the progress oflegislation in the General Assembly; compilesand publishes a legislative summary when theGeneral Assembly is in session; and, whenappropriate, comments on the effect legislationmay have on the fiscal and administrativeoperations of the judicial system. With thecomputerization of district justice offices, staffalso monitor and report on legislation that maynecessitate changes to the district justice soft-ware programs.

Information Technology Department

The Information Technology Departmentprovides staff and services for the JCS to bringautomation to the courts of Pennsylvania. Thedepartment also provides electronic judicialinformation to other agencies; supports theAOPC=s payroll, financial, human resources andadministrative functions; and supports the

20


AOPC=s day-to-day office automation require-ments. It is organized into a Software Develop-ment Unit and a Computer Operations Unit.

The AOPC Web site, www.courts.state.pa.us, continued to increase in 1998. The sitehad approximately 1.8 million hits in 1998, withnearly as many hits in the last three months ofthe year as in all of 1997. During 1998, usersaccessed more than double the number of pagesthey viewed in 1997.

The AOPC also began setting up its ownWeb server in-house, a process which will giveit total control over its site. The project isexpected to be completed in 1999.

Software Development Unit

Statewide District Justice AutomationSystem

Major changes were made to the State-wide District Automation System in response tothe adoption by the Supreme Court of CriminalProcedural Rules Committee Recommendations 7and 8. Recommendation 7 addressed thegeneration of a pre-warrant notice when apayment of the amount owed on a citation isdefaulted. Recommendation 8 implementedprocedures from Rule 30, Contempt Proceedingsbefore District Justices; Rule 31, Appeals fromContempt Adjudication; and Rule 32, Defaults inPayment of Fine imposed as punishment. Theimplementation of the changes brought about bythese rules in the DJS was significant. Over 100objects were modified/created in the imple-mentation of these rules.

In addition to these major softwaredevelopment efforts, the menu structure of theDJS system was completely overhauled to facil-itate users' navigation of the system. Routineenhancements and changes are constantly beingmade to the DJS software in response to userrequests.

Administrative Support Application Project

Significant progress was made in 1998 inthe development of the Administrative Office'sapplication software project (ASAP). Highlightsinclude:

- award of the programming services contract toa vendor

- commencement and completion of the re-viewfunctional/detail specifications for the payrollmodule with the vendor.

- commencement and completion of the re-viewof the payroll database design with thevendor

- commencement of the development of thepayroll module program in a three-tier client/server architecture

- commencement of the analysis of the migra-tion of the existing payroll data on the PRIMEinto the new ASAP database.

In the existing PRIME system, a majoreffort in 1998 was the conversion to a new EDIformat for the data transmitted to the Depart-ment of Treasury per the Department of Trea-sury's stipulations.

Electronic Data Interchange and PublicAccess

The Electronic Data Interchange (EDI) andPublic Access (PA) section coordinates andmanages public access to DJS data and theelectronic interchange of this data with othercounty or state government agencies. In addi-tion, this unit develops and maintains severalsmall PC-based systems. Currently, 31 countiesare set up to use the data as input to theirsystems. This includes not only Common PleasCourts, but probation, prison and warrantmanagement systems as well.

Since the establishment of a publicaccess policy in 1994, formal requests for datahave more than doubled. The EDI/PA Sectionreceived and responded to 88 requests for

21


information. Sixty of these requests were fromother state and local agencies; 12 were frommedia; and 16 were from the public.

EDI activities continue to save other stateand local agencies millions of dollars per year byeliminating redundant keying and assisting inthe automation of manual functions.

JNET

The Justice Network (JNET), a coordi-nated effort of state agencies and the judiciary, isnow online. JNET will provide registered userswith data from a variety of agencies such ascriminal history information from the state policeand warrant and bail information from thedistrict courts.

A big step to this processing was thedevelopment of a notifications system. Thissystem will allow agencies to subscribe toinformation that will help them monitor and trackindividuals who enter the criminal justice system. Currently, arrest information is for-warded to theAOPC and warrant information is sent to anumber of subscribers, including state probationand parole officers.

The JNET effort has also paved the waytoward on-line disposition reporting. Movingtoward this goal, the AOPC will have in place, amethod through which Common Pleas Courts cansend case disposition information andimmediately process and forward this informa-tion to the Pennsylvania State Police forprocessing into the Criminal History Repository.Currently, AOPC receives and processes the datavia tape. The new process allows for datavalidation on initial entry and incorporation ofpreviously entered data without rekeying.

Computer Operations Unit

In the summer of 1998 the AOPC com-pleted a statewide upgrade of the DJS AS/400operating system. The upgrade provided

enhanced TCP/IP functionality for our plannedmove to TCP/IP as our network protocol.

The LAN section migrated office e-mail toMS Exchange Server for enhanced intra-officecommunications and calendaring and completeda switch to MS Office Suite on all AOPC desktops. Additionally, laptops were provided for alldistrict court administrators, complete withInternet access to provide for interofficecommunications and future JNET connectivity.

The Computer Operations Unit improvednetwork security while completing secure webcertification from the International ComputerSecurity Association, becoming the first stateagency in the country to obtain such acertification.

A change management function providesinstallation verification, change coordination andversion control for all DJS software developed. Technical support staff distributed a total of 397program changes in this period on 174 differentdays. All changes are pre-announced beforeadditional testing and are coordinated using thefacilities of an integrated calendaring and e-mailgroupware package.

Judicial Computer SupportDepartment

The Judicial Computer Support Depart-ment provides training, responds to requests forequipment and provides help desk support forusers of the JCS. The Director of StatewideAutomation, who supervises the Judicial Com-puter Support Department, also serves as seniorproject manager or contract administrator formost AOPC information technology projects.

Administrative Unit

Staff provides clerical and administrativeservices for all personnel units under the Judi-cial Computer Department, including processing

22


mass mailings, filing, copying, research, accountspayable and receivable, and various schedulingof meetings and overnight reser-vations asneeded. Clerical staff also provides relief for themain receptionist during lunch breaks andscheduled vacations.

Contract Administration and ProjectManagement

The staff assigned to these tasks re-searches and compiles necessary information todraft Requests for Proposals for informationtechnology consulting services for the AOPC.They play a major role in vendor selection, con-tract negotiations and the subsequent contractadministration and project management follow-ing the awarding of a contract.

Training Unit

In 1998 unit personnel trained 96 districtjustice staff, new employees and courtadministrators at the central site in Mechanics-burg. Staff also traveled throughout the state,conducting regional training for 1,400 users.

In addition to training, staff participatedin research, analysis, testing and writing pro-gram change requests in many areas. One majorchange came about due to Recommendations 7and 8 from the Criminal Procedural RulesCommittee. Recommendation 7 establishes newprocedures regarding default in payment of finesand costs after conviction and amends Rule 75 torequire a pre-warrant notice before issuing anarrest warrant for payment default.Recommendation 8 implements district justicecontempt powers.

The Training Unit performs user tests onall major code changes to the DJS.

Trainers meet regularly with user groupsto discuss concerns and suggestions regardingthe automated system. Training staff researched

and answered more than 8,500 second-levelhelp desk calls in 1998.

Work continues on the development ofnew documentation manuals for the automatedsystem. This unit writes and prepares updates tothe manual in the form of laser fax notices to thedistrict justice offices.

Equipment Change Request Unit

All statewide requests for additionalhardware, to move hardware or to add new ca-ble are coordinated through this unit. In 1998the unit responded to 132 requests for addition-al equipment and equipment/office relocations.

Help Desk Unit

The help desk responded to 55,215 callsin 1998. This included calls resulting fromchanges to the DJS brought about by new rulechanges, new legislation and user suggestions orrequests. Calls resulted from new programs,accounting problems, two persons accessing thesame record, slow system response time,equipment failure and incorrect processing.

Changes to the DJS are made frequentlyand the programming unit trains the help deskstaff so that it will be able to respond toproblems or questions users may have whenchanges are released.

Help desk staff also monitor the mainte-nance contract to ensure that any malfunc-tioning DJS equipment is fixed within the timesspecified in the maintenance contract so that theoffice work schedule is not negatively im-pacted. In 1998, 2,214 maintenance calls were receivedand completed.

The Help Desk Unit also reviews thedesign of new programs prior to their release inorder to evaluate their impact on user opera-tions, answers questions from programmers onuser procedures, assembles user documentation

23


for second-level calls, and reviews laser faxesprior to their release in order to ensure that theyare clear. In 1998 the help desk assisted in theredesign of the DJS menu screens.

Legal Services Unit

The staff attorney assigned to the DJS hasspecific knowledge and expertise in legal issuesrelated to the operation of the automated system. The attorney provides legal consul-tation to theprogramming and training staff on programdesign and provides an interface with the Civiland Criminal Procedural Rules Committees.

Administration Department

The Administration Department, withstaff in both Harrisburg and Philadelphia, isresponsible for the day-to-day operations of theAOPC, providing support and services to otherunits of the Administrative Office, the appellatecourts and the Unified Judicial System as awhole. It includes Human Resources, FinancialSystems, Administrative Services and Payroll.

Human Resources Unit

Human Resources staff responsibilitiesinclude:

- monitoring and ensuring UJS compliance withstate and federal employment statutes such asthe Fair Labor Standards Act, the Americanswith Disabilities Act, the Family and MedicalLeave Act, the Pennsylvania Human RelationsAct, the Civil Rights Act of 1964 and the StateEmployees' Retirement Code

- maintaining the UJS's fringe benefits pro-grams and counseling judiciary personnelregarding them. These programs includevarious primary and supplemental medicalinsurance plans, the UJS's life insurance, long-term disability insurance, paid leave, and

Unemployment Compensation and WorkersCompensation programs. Staff also administerseparate work-related disability andaccidental death programs for members of thejudiciary.

- developing and administering the personnelpolicies that govern the personnel operationsof the UJS, and assisting supervisors andemployees in the proper implementation ofthese policies

- assisting incoming and departing employeeswith a variety of questions and concernsrelating to their judiciary employment, andmaintaining the judiciary's COBRA Continu-ation Medical Insurance Program for formeremployees and dependents of judiciarypersonnel

- maintaining the judiciary's Retiree andSurvivor Medical Insurance Programs thatprovide medical insurance coverage to retir-ees of the judiciary and surviving spouses ofdeceased judiciary personnel

- developing, implementing and maintaining astandardized classification and pay plan forjudiciary personnel. This plan includes aseries of class specifications and jobdescriptions designed to establish a logicaland consistent means of determining therelative value of one job to another.

- developing and administering AOPC hiringprocedures and assisting managers in therecruiting, interviewing and hiring of newstaff. This includes designing positionadvertisements, reviewing resumes to selectcandidates for interviews and completingbackground/reference checks on candidates.

In addition to its day-to-day humanresource responsibilities, the AOPC Office ofHuman Resources is continuing its ongoingefforts with the AOPC Payroll Office and the Officeof Financial Management to design and developa fully integrated payroll, personnel and

24


financial management system that will serve tofully automate these interrelated functions for thetwenty-first century.

Finally, the AOPC Office of HumanResources is playing an integral role in ongoingefforts to (1) assess the impact of statewidefunding of the courts on the Unified JudicialSystem, and (2) develop a strategic plan for thedevelopment and implementation of the newhuman resource policies and procedures that willbe necessary to maintain the much larger andmore diverse workforce that may result fromactions to implement statewide funding of theUnified Judicial System.

Financial Systems Unit

Financial Systems is responsible formanaging all budgets and accounting for theUnified Judicial System. This includes:

- developing necessary policies and proce-dures on accounting and budget issues

- monitoring and preparing the budget requestfor 36 UJS line items in the Commonwealth'sannual budget. This includes not onlyappropriations for the Administrative Office,but for all of the Commonwealth's courts;some court committees; juror cost reimburse-ments; and county court reimbursements. Staffalso monitor budget trends, participate inindependent audits of all 36 line items anddeal with operational issues and policies.

- managing $216.4 million in annual appropri-ations to the judiciary, including $32 millionin grants

- serving as the central clearinghouse for allfinancial transactions impacting the judiciary

- overseeing the finances of the First JudicialDistrict/AOPC Procurement Unit (approxi-mately $21.7 million). The procurement unit,under an agreement between theAdministrative Office and Philadelphia City

government, was established to improveprocurement in Philadelphia's three courts,including purchases, service contracts andreconciliation. Since the agreement was putinto effect, the First Judicial District has seena significant reduction in its procurementexpenses.

- completing special projects, e.g., assisting inanalyzing legislation for fiscal impact

- responding to questions on the judiciary'sfinancial operations posed by the legislature,the executive branch, other judiciary employ-ees and the public.

Administrative Services Unit

Administrative Services oversees a vari-ety of administrative-related tasks, includingprocurement for the Administrative Office and forPhiladelphia courts under the First JudicialDistrict/AOPC Procurement Unit. It also handlesall issues relating to the operation of AOPC officebuildings and provides support to many UJSagencies in a variety of ways.

Payroll Unit

The Payroll Unit administers the month-ly, biweekly and supplemental payrolls for morethan 1,600 jurists and staff. Together with theHuman Resources Unit it also orients andanswers any questions new employees may haveas the employees become members of thejudiciary staff.

Judicial Services Department

The Judicial Services Department plans,coordinates, administers and provides staffsupport for an extensive schedule of educationalconferences, seminars and meetings for theSupreme Court, the Administrative Office andaffiliated groups.

25


In 1998 the department coordinatedeight major conferences:

- New Judges ConferenceJanuary 4-8, 1998

- Pennsylvania Association of Court Manage-ment Mid-Annual ConferenceJanuary 25-27, 1998

- Pennsylvania Conference of State Trial JudgesMid-Annual ConferenceFebruary 26-March 1, 1998

- President Judges/Pennsylvania Association ofCourt Management Annual ConferenceMay 31-June 3, 1998

- Pennsylvania Conference of State Trial JudgesAnnual ConferenceJuly 22-26, 1998

- Rules of Evidence SeminarsSeptember 11, 18, 25, 1998

- Joint Family Law Conference-Domestic Rela-tions Association of PennsylvaniaNovember 29-December 2, 1998

- Commercial Law ProgramDecember 2-4, 1998

Through aggressive negotiation anddetailed knowledge of Pennsylvania's hospi-talityindustry, the Judicial Services Department is ableto ensure that multi-day conferences proceedeffectively under terms which are favorable tothe Commonwealth.

Judicial Services also negotiates officespace for judicial offices across the Com-monwealth, subject to final legal review by thechief counsel's staff, and maintains a compu-terized data bank of contact information for theUnified Judicial System's affiliated groups. It alsomaintains and updates all Pennsylvania statedepartment lists, handles all financialdisclosures, and disseminates news clippings ofinterest statewide for the Pennsylvania judiciary.

Judicial Services' other functions includepublishing Jurispondence, a judicial newsletterlinking Pennsylvania's trial judges across thestate; serving as liaison and secretariat for theSupreme Court Ad Hoc Committee on Evidence;working with the Joint Task Force to insureGender Fairness in the Courts and the Joint TaskForce to insure Racial & Ethnic Fairness in theCourts; and acting as liaison to the MinorJudiciary Education Board.

29

1998 Membership:

Honorable Robert L. Byer, Chair*Gaele McLaughlin Barthold, Esq., Chair**Honorable Joseph M. Augello, Vice Chair+Jane Campbell Moriarty, Esq., Vice Chair*Gabriel L. I. Bevilacqua, Esq.Charles W. Bowser, Esq.William P. Bresnahan, Esq.Maria L. Dantos, Esq.Anthony W. DiBernardo, Jr., Esq.*David B. Fawcett, Jr., Esq.*Frederick N. Frank, Esq.Wendell G. Freeland, Esq.Bridget E. Montgomery, Esq.Peterclyde N. Papadakos, Esq.Burton A. Rose, Esq.*Marvin L. Wilenzik, Esq.Gerald J. Williams, Esq.

Staff:

Dean R. Phillips, Esq., CounselTricia W. Nagel, Executive Director

* Term expired 6-30-98** Appointed chair effective 7-1-98+ Appointed vice chair effective 7-1-98

Legal Authorization:

Pa. Constitution Article V, ' 10(c)42 Pa. C.S., ' 1722

Appellate

Court

Procedural

Rules

Committee

P.O. Box 447Ridley Park, PA 19078-0447(610) 534-3450fax (610) 534-3453e-mail trish.nagel@supreme. court.state.pa.us

30

O

APPELLATE COURT PROCEDURAL RULES COMMITTEE

History/Background

riginally called the Advisory Committee onAppellate Court Rules, the Appellate Court Pro-cedural Rules Committee was created by order ofthe Supreme Court on October 4, 1973. Itsprincipal function is to make recommendations tothe Supreme Court for refining and updating theRules of Appellate Procedure in light ofexperience, developing case law and newlegislation.

The committee also responds, when andas appropriate, to inquiries made by lawyers, trialjudges and trial court officials. Questions fromand suggestions by these parties are oftenstudied in depth by the committee and can resultin recommendations for rule changes.

The committee=s name was changed toits present one by Supreme Court order on March31, 1994.

1998 Activities

The committee met twice in 1998, in Mayand October in Philadelphia. As a result of thesesessions, the committee prepared, re-viewed andrevised numerous recommendations forsubmission to the Court.

Recommendation 33 amends Pa.R.A.P.511 (Cross Appeals), 903 (Time for Appeal), 1113(Time for Petitioning for Allowance of Appeal),1512 (Time for Petitioning for Review), 2113(Reply Brief), 2136 (Briefs in Cases InvolvingCross Appeals) and 2185 (Time for Serving andFiling Briefs). These proposed rules provide acomprehensive approach to cross-appeals andclarify existing ambiguities in cross-appealpractice.

Recommendation 38 rescinds Pa.R.A.P.3518 (Statement of the Scope and Standard ofReview) and amends Pa.R.A.P. 2111(a) (Brief ofthe Appellant) so that a statement regardingscope and standard of review is now required in

appellate briefs. This recommendation wasaccepted by the Court on January 14, 1999.

The committee reviewed Pa.R.A.P.1925(b) (Opinion in Support of Order) and 1931(Transmission of the Record) in an effort toaddress the timing problems that have developedfollowing adoption of Pa.R.Crim.P. 1410 makingpost-sentence motions optional.

The committee has studied the Note toPa.R.A.P. 903 (Time for Appeal). This matter ispending.

The committee has considered a possibleamendment of Pa.R.A.P. 2117(d) (Appeals FromCase Stated), which would abolish the pro-cedural device of “case stated” and to providefor “submission of a case on stipulated facts.”This matter remains under review.

The committee has also studied Pa.R.A.P.1941 (Review of Death Sentences). This matterlikewise remains under consideration.

The committee has recommendedamending Pa.R.A.P. 1301 (Interlocutory Appeals– Number of Copies) so that the rule will conformto current practice. This matter remains pending.

The committee continued to work dili-gently throughout all of 1998 with the Orphans'Court Procedural Rules Committee to finalize itsJoint Recommendation 98-1 to amend Pa.R.A.P.341 (Final Orders). This recommendation wouldamend Pa.R.A.P. 341 by redefining final ordersin orphans' court proceedings to include ordersdetermining an interest in realty or personalty ordetermining the status of an individual withoutregard to whether the order ends the case as toall claims or parties. This recommendationremains under consideration.

The committee chair, vice chair andcounsel have responded to various inquiries andrequests, many of which have become topics fordiscussion at the committee's meetings and

31


have formed the basis for upcoming recommen-dations. In addition, counsel for the committeehas actively participated in court-related meet-ings regarding the appellate rules and the Rulesof Judicial Administration, and has responded tovarious requests from the Administrative Office ofPennsylvania Courts and practitioners throughoutthe Commonwealth.

Web Site

The Appellate Court Procedural RulesCommittee maintains a site on the Home Page ofthe Administrative Office of Pennsylvania Courts.The site is located at www.courts.state.pa.us/pub/appeals/rules/acprc/index.htm. Includedhere are links to recent and proposed amend-ments and new rules to the Pennsylvania Rulesof Appellate Procedure.

1999 Plans

The committee will meet regularly in1999 to continue its work in reviewing Chapter15, Judicial Review of Governmental Determi-nations, and to identify other aspects of the rulesto be considered for refinement and updating. Among subjects on the committee's agenda for1999:

- recommendation 39 regarding amendment ofPa.R.A.P. 2501 pertaining to Post-Submis-sion Communications

- recommendation 40 amending Pa.R.J.A. 5000,et seq., which authorizes the use ofcondensed transcripts except in capital cases

- recommendation 41 amending Pa.R.A.P. 3901relating to confidentiality of appellateproceedings under the Adoption Act

- completion and submission of Joint Recom-mendation 98-1 in conjunction with theOrphans' Court Procedural Rules Committee.

Contact Person

Anyone wishing to speak to a member ofthe advisory committee can contact any of thefollowing:

Gaele McLaughlin Barthold, ChairCozen & O=Connor1900 Market StreetPhiladelphia, PA 19103phone: (215) 665-4107fax: (215) 665-2013

Honorable Joseph M. Augello, Vice ChairLuzerne County Courthouse200 North River StreetWilkes-Barre, PA 18711phone: (570) 825-1547fax: (570) 825-6242

Dean R. Phillips, Esq., CounselTricia W. Nagel, Executive DirectorAppellate Court Procedural Rules CommitteeP.O. Box 447Ridley Park, PA 19078-0447phone: (610) 534-3450fax: (610) 534-3453E-mail: [email protected]. pa.us

33

1998 Membership:

Thomas A. Decker, Esq., ChairmanHonorable Charles R. Alexander, Vice ChairmanRobert J. Coleman, Esq.Lisa Pupo LenihanHonorable James M. Munley*Jonathan H. Newman, Esq.Jane Gowen, Penny, Esq.

* Term expires 4-1-99

Staff:

Amy C. Dynda, Executive DirectorMark Dows, Character and Fitness DirectorJoseph Rengert, Esq., Counsel and Supervising Law ExaminerMelody Greish-Richardson, Administrative Services Director


Pa. Constitution Article V, ' 10(c)Pa.B.A.R. 104 (c) (3)

Board

of

Law

Examiners

5035 Ritter RoadSuite 1100Mechanicsburg, PA 17055(717) 795-7270www.pable.org

34

T

BOARD OF LAW EXAMINERS

History/Background

he Pennsylvania Board of Law Examinersholds the responsibility of recommending theadmission of persons to the bar and thus thepractice of law in Pennsylvania. Such responsi-bility includes reviewing admission applicationsfor those who wish to sit for the bar exami-nation and for practicing attorneys in other statesseeking admittance to the bar without sitting forthe exam, along with administering the bar examitself.

Seven members of the Pennsylvania Barof the Supreme Court comprise the Board of LawExaminers. They serve regular terms of threeyears each and may be reappointed to secondterms.

The board office staff includes the exec-utive director, counsel to the board, an adminis-trative services director, a character and fitnessdirector, and six administrative support staff. Theboard also employs eight examiners and onesupervising examiner, who are responsible forwriting and grading the Pennsylvania Bar EssayExamination, and 16 readers, who assist theexaminers in grading the essay answers.Additionally, many proctors are temporarilyemployed to assist in the administration of thebar exam.

Bar Procedures

The Board of Law Examiners administersthe bar exam over two days twice a year, on thelast Tuesdays and Wednesdays in February andJuly. In February it is held in King of Prussia andin Pittsburgh. In July it is held in King of Prussia,Pittsburgh and Mechanicsburg.

The exam comprises two parts, an essaysection, which is administered the first day, andthe multiple choice Multistate Bar Examination(MBE), which is administered the second day.The essay portion of the exam consists of eightquestions developed by the examiners and

approved by the board. The subject mattercovers a variety of subjects, and applicants areexpected to demonstrate their knowledge ofPennsylvania law where applicable.

The MBE is a national exam, prepared bythe National Conference Bar Examiners inconjunction with American College Testing. Its200 questions are not Pennsylvania specific andcover contracts, criminal law, constitutional law,real property, evidence and torts.

To pass the bar exam, applicants mustreceive a scaled score of at least 130 on the MBE,at least 135 on the essay section and at least270 on both sections combined. In addition,effective with the February 1998 exam,applicants must also score at least 75 on theMultistate Professional ResponsibilityExamination (MPRE).

The MPRE is a standarized test used todemonstrate an applicant's knowledge of theprofessional responsibility and ethical obliga-tions of the legal profession. Applicants maytake it at any point during law school or theirlegal career prior to taking the bar exam. Indeed,they are encouraged to take it while in lawschool, shortly after they have completed acourse on professional responsibility or ethics.They do, however, have up to six months aftersitting for the bar exam to take it.

If an applicant is not successful on theMPRE within six months from the date results arereleased for the bar exam for which he/she sat,he/she will be required to submit to the board anApplication for Supplemental State-ment and forCharacter and Fitness as required under Pa.B.A.R.231. This supplemental appli-cation processrequires a character and fitness review and maytake up to six months or longer to complete. Italso currently requires a filing fee of $275.00.

If an applicant is not successful on theMPRE within three years of the date his/hersuccessful bar exam results were released,he/she must reapply for permission to sit for the

35


bar exam, successfully retake the exam and meetall of the requirements at that time.

Grading the Bar Exam

At the conclusion of each bar exam, boardstaff send copies of the essay questions and theexaminers' proposed analyses and gradingguidelines to representatives from each of theCommonwealth's law schools. Therepresentatives circulate the questions andanalyses to the respective professors who teachthe subject material covered by the questionsand solicit comments and suggestions from each. These comments and suggestions are thenshared with the examiners and the board. Theexaminers use this feedback to revise theiranalyses and grading guidelines in order to gradethe applicants' essay answers in the fairest andmost equitable manner possible.

The final draft of each question andanalysis is forwarded to the board office, whichthen formats, edits and publishes it. Manyunsuccessful applicants obtain copies of thequestions and analyses along with copies of theirown answers.

The MBE is graded by American CollegeTesting.

Grading procedures for the essay examshave been streamlined, and this has resulted ina 30% reduction of release time. Examiners andreaders, all of whom are licensed Pennsylvaniaattorneys, meet and calibrate grading criteriashortly after the bar examination. The appli-cants' essay exams are divided between thethree graders, who then follow a strict timetableto ensure all exams are graded and all rereadsare completed prior to the scheduled releasedate. The reduced grading period has resulted inincreased calibration standards.

The most recent results of the bar examcan be found on the Board of Law Examiners

home page at www.pable.org or on the Admin-istrative Office=s home page at www.courts.state.pa.us.

Application Approval/Denial and HearingProcess

In addition to passing the bar exam,prospective members of the bar of Pennsylvaniamust meet certain requirements relating tocharacter and prior conduct. To aid the board indetermining whether applicants have met suchrequirements, a candidate must file with theboard office a written application setting forththose matters the board deems necessary. Thisincludes background information pertaining tocharacter, education and employment. Boardoffice staff then review the applications,occasionally investigating further, to determinean applicant=s fitness and qualifications.

If, upon initial review, the board=sexecutive director finds that the applicant doesnot appear to possess the fitness and generalqualifications requisite for a member of the bar,the applicant is notified in writing. Unless thedenial was for scholastic reasons, the applicantthen has 30 days to request a hearing appealingthe denial. Present at the hearing are theapplicant; the applicant's counsel, if he/she hasretained counsel; and a board member whoserves as the hearing officer. A stenographer isalso present to record the hearing.

The length of each hearing varies, de-pending on the issues set forth; the number ofissues involved; and the number of witnesses, ifany, that testify. Only one applicant is consid-ered at a hearing, and only applicants who aredenied permission to sit for a bar examination orcertification recommending admission, mayrequest one.

Approximately 39 hearings were held in1998.

36


1998 Activities

Office staff processed approximately3,000 applications for permission to sit for thebar exam.

Statistics for 1998, including a com-parison with 1997's figures, can be found inTable 3.2.1. Chart 3.2.2 on page 38 details thepercentage of those who have passed the barsince 1989 while Chart 3.2.3 on page 39 is acomparison of the number of persons who havesat for the exam versus the number who havepassed it over the past ten years.

The board met nine times in 1998 toreview bar admission rules and recommendspecific rule changes, review proposed essayquestions and analyses, approve examinationresults, and set policy. It also held two semi-annual meetings, one following each of the twobar examinations, to review the essay examquestions, analyses and proposed gradingguidelines.

In an effort to accommodate applicantswith character and fitness issues involvingsubstance abuse, the board initiated an evalu-ation to determine the feasibility of a conditionaladmission program. The character and fitnessdirector researched the conditional admissionprograms in five other jurisdictions and pre-sented the information to the board at the Augustsemiannual meeting.

The conditional admission report wasthoroughly reviewed by the board, includingdraft examples of procedures that would requireimplementing. The board agreed that a con-ditional admission program for bar applicantswould assist new lawyers with substance abuseproblems by providing guidelines, monitoringand mentors. The report was given to theDisciplinary Board of the Supreme Court forcoordination. Both the Board of Law Examinersand the Disciplinary Board are continuing toevaluate a conditional admission program.

The chair, executive director and char-acter and fitness director visited severalPennsylvania law schools in 1998 to conduct aninformational program on the bar admissionprocess. The chair opened the program byexplaining the authority and function of theboard as well as the board duties both toapplicants and to the Supreme Court. Theexecutive director described the bar examinationprocess, current passing standards and gradingprocedures. Character and fitness standards andrequirements were detailed by the character and fitness director. The board staff also

Table 3.2.1

answered questions from the law school stu-dents about the bar admission process and barapplication. This program will be expanded in1999 to two visits per year and include WidenerSchool of Law in Delaware.

World Wide Web

The board's Web site became availableon the Internet in October 1998. The page wasdesigned to provide information to bar appli-cants, law schools, court personnel and thepublic. The site, located at www.pable.org,contains bar admittance information, thePennsylvania bar admission rules, Bar Admis-sions Information Handbook, examination

Admission applications approx. 3,000

Sitting for February exam 642 Change from 1997 (92) (12.5)%

Persons passing February exam 359 Persons failing February exam 283 Passing percentage 56%

1997 Passing Percentage 66%

Sitting for July exam 1,847 Change from 1997 (136) (7%)

Persons passing July exam 1,294 Persons failing July exam 553 Passing percentage 70%

1997 Passing Percentage 76%

37


requirements, essay questions and examiners'analyses from previous exams, press releases ofsuccessful applicants from several exams, andbar examination statistics. Applicants are alsoable to download the current bar applicationand/or request bar applications via e-mail. Thesite also provides e-mail to each board staffmember.

Board Recommendation

The board made the following recom-mendation to the Supreme Court in 1998:

Recommendation No. 1: Amendment to baradmission rules adopting Pa.B.A.R. 105, whichrelates to civil immunity. The proposed ruleprovides immunity to the board, its members,employees and agents from civil liability forconduct occurring in the performance of officialduties. Additionally, the rule provides immunityfrom civil liability to persons furnishing informa-tion to the board, providing such information isfurnished without malice. The recommendationwas approved by the Court.

Filing Fees

The filing fees charged for processingapplications remained unchanged in 1998 andare as follows:

- $400 first-time filing fee- $550 late filing fee- $500 for admission on motion.

Application revenues for fiscal year 1998totaled approximately $1.5 million.

Looking Ahead to 1999

As noted above, board staff will expandthe information programs presented to Pennsyl-vania law school students, biannually visitingPennsylvania's law schools as well as WidenerSchool of Law in Delaware.

The executive director is resigning fromher position after six years of service to theboard, and the character and fitness director willbecome the new executive director effective May1, 1999. The executive director will con-tinueassisting the board on a consulting basis throughthe end of August 1999.

Contact Person

Anyone having questions about the Boardof Law Examiners or the bar exam cancontactthe board office by calling (717) 795-7270 or by writing to 5035 Ritter Road, Suite 1100;Mechanicsburg, PA 17055.

38


Pennsylvania Bar Exam Passing Percentages

1989-1998

1989 1990 1991 1992 1993 1994 1995 1996 1997 1998

Year

4045505560657075

80859095

100

Perc

ent

Pass

ing

February July

Table 3.2.2

39


Comparison of Applicants Sitting to Applicants Passing

1989-1998

Effective Feb. 1995 and Feb. 1998, the grading system for the exam changed. Effective July 1995, the subject matter for the essay portion of the exam changed.

1989 1990 1991 1992 1993 1994 1995 1996 1997 1998

Year

0

500

1000

1500

2000

2500

3000

3500

4000

4500

Number Sitting/Passing

July Exam

Feb. Exam

Sitting Passing

Table 3.2.3

41

1998 Membership:

Edwin L. Klett, Esq., Chair##Donald J. Farage, Esq., Vice Chair**Rea Boylan Thomas, Esq., Vice ChairDavid F. Binder, Esq.++Ernest J. Buccino, Jr., Esq.##Paul S. Diamond, Esq.*Professor John L. Gedid##H. Paul Kester, Esq., ex officioJames D. McDonald, Jr., Esq.##Robert A. Newman, Esq.+Edward G. O'Connor, Esq.+William Pietragallo, II, Esq.**Frank S. Poswistilo, Esq.**Honorable Keith B. Quigley##Diane Barr QuinlinShanin Specter, Esq.Clayton A. Sweeney, Esq.+Paul H. Titus, Esq.Honorable R. Stanton Wettick, Jr.**Kevin H. Wright, Esq.+

Staff:

Harold K. Don, Jr., Esq., CouncilMargaret A. Stein, Esq., Research Assistant#Jeffrey M. Wasileski, Esq.Sharon L. Ciminera, Office Manager

* Resigned 6-98** Term expired 6-30-98+ Appointed 6-30-98++ Resigned 9-98# Retired 10-1-98## Term expires 6-30-99


Pa. Constitution, Article V, ' 10(c)42 Pa. C.S., ' 1722

Civil

Procedural

Rules

Committee

5035 Ritter Road, Suite 700Mechanicsburg, PA 17055(717) 795-2110e-mail civil.rules@supreme.

court.state.pa.us

42

T

CIVIL PROCEDURAL RULES COMMITTEE

History/Background

he Civil Procedural Rules Committee sets therules of procedure and practice for civil ac-tionsin Pennsylvania=s Courts of Common Pleas. Thisincludes all aspects of civil matters except thoseissues relating to the work of the orphans' courtand family court divisions. It was firstcommissioned by the Supreme Court in 1937.

Committee members are appointed tothree-year terms by the Court and each mayserve a maximum of two full terms. In 1997membership was reduced from 18 lawyers andjudges to 15 plus one ex officio member.

The committee's office is located inMechanicsburg and the staff of three includescounsel, a research assistant and an officemanager. The counsel and research assistant areboth members of the bar of the Supreme Court ofPennsylvania.

1998 Activities

The Civil Procedural Rules Committeeheld five meetings in 1998 as follows:

January PittsburghApril PhiladelphiaJune PittsburghSeptember ErieNovember via conference call

In addition, a subcommittee met severaltimes by conference call to develop proposedrules governing liens of verdicts and judgmentsand amendments to rules governing revival ofjudgments. Subcommittee meetings were simi-larly held to consider proposed rules governingappeals from district justices and proposedamendments to the rules governing service oforiginal process.

The committee continued to work onother projects begun in prior years. Principalamong these were Recommendations No. 142

relating to service of original process andRecommendation No. 144 relating to amend-ment of pleadings.

The committee also continued to furnishassistance to the Supreme Court and to act as aclearinghouse for numerous amendments sug-gested by members of the bench and bar. Thechairman and counsel answered countlessinquiries regarding the Rules of Civil Procedurefrom local courts and attorneys and from courtsand attorneys in sister states.

Internet

The year 1998 marked the third yearduring which the committee maintained a homepage on the Internet. The committee site isaccessed through the home page of theAdministrative Office of Pennsylvania Courts atwww.courts.state.pa.us.

The site includes an index page, whichprovides access to the following materials:

- recently promulgated rules and amendmentsto rules

- a schedule of effective dates- proposed recommendations of new rules and

amendments to existing rules- the prime rate, which forms the basis for

calculating damages for delay under Rule ofCivil Procedure 238.

The Administrative Office of PennsylvaniaCourts includes a list of the members of thecommittee as part of its home page.

Judicial Council of Pennsylvania

The Judicial Council of Pennsylvania wasreactivated during 1998 and the chairman of theCivil Procedural Rules Committee, Edwin L. Klett,Esq., was appointed to membership. Mr. Klettand the staff of the Civil Procedural RulesCommittee were requested to furnish assistance

43


to the council by revising both Rule of JudicialAdministration 301 et seq. governing the Judi-cial Council and the Rules of the Judicial Councilas set forth in Title 204 of the PennsylvaniaCode, Chapters 101 through 111.

Mr. Klett was assigned to one of theJudicial Council's four newly created standingcommittees, the Statewide Rules Committee,chaired by Madame Justice Sandra SchultzNewman. Madame Justice Newman requestedthat the Civil Procedural Rules Committee reviewthe issue of local rules and statewide uniformityof practice with a view toward devel-oping broadrecommendations and methodol-ogy. The CivilProcedural Rules Committee considered thematter at its June and September meetings andprepared a report which was submitted toMadame Justice Newman in the fall of 1998.

1998 Amendments to the Rules ofCivil Procedure

The Supreme Court acted upon severalcommittee recommendations in 1998, promul-gating new rules and amending existing ones.The committee issued several additional recom-mendations, which were published to the benchand bar for comment. These recommendationsare described below and are listed in the Statusof Recommendations chart which follows thisreport.

Recommendations Promulgated by theSupreme Court

Recommendations Effective in 1998

The following recommendations promul-gated in 1997 became effective January 1, 1998. They are described in the 1997 annual report.

Recommendation No. 130: Voir Dire Addednew Rule 220.1.

Recommendation No. 134: Compulsory Arbi-tration Amended Rule 1305 governing conductof a hearing before a board of arbitrators.

Recommendation No. 140: Delay Damagesand Post-Trial Practice Amendment to Rule238 governing delay damages and a note to Rule227.4 governing post-trial practice.

Recommendations Promulgated in 1998

Recommendation No. 143: Physical andMedical Examination of Persons AmendedRule 4010 so that psychologists and dentists aswell as physicians would be authorized to makeexaminations. Also, certain protections wereprovided to the parties facing examination,including the right to have counsel or anotherrepresentative present at the examination and alimitation upon the examiner's interrogation ofthe person to be examined. In addition, the rulewas made gender neutral.

At the same time, new Rule 4010.1 waspromulgated to govern evaluation of earningcapacity and provide for an evaluation ”by asuitably licensed or certified evaluator” when”the earning capacity of a party, or of a person inthe custody or under the legal control of a party,is in controversy.”

Promulgated April 24, 1998, effective July1, 1998.

Recommendation No. 145: Rule 3101 et seq.(JARA Amendments) The Judiciary Act Re-pealer Act (JARA), enacted in 1978, repealedthousands of statutory provisions governing civilpractice and procedure and amended manyothers. Since that time the references to theserepealed and amended statutes contained in theRules of Civil Procedure have been eliminatedgradually. Recommendation No. 145 virtuallycompleted the technical revision of the rules ofcivil procedure in light of JARA. The rulesaffected by the recommendation were Rule 3101et seq., governing the enforcement of judgmentsfor the payment of money.

44


Rule 3104 governing the indexing of thewrit of execution is the one execution rule whichwas not included in the recommendation. It willbe included in a separate recommenda-tionrelating to liens upon real property and revival ofjudgments.

Promulgated April 20, 1998, effective July1, 1998.

Recommendation No. 146: Filing Copies;Service by Facsimile Transmission Added newRule 205.3 providing that parties may file ”ofrecord” with the prothonotary copies ofdocuments which will thereafter be deemedoriginals in most instances. The copy mustreveal the signature of the attorney or party anda verification, if applicable. A party may requirethat the original document be filed, especiallywhen the authenticity of the document isquestioned.

A note to the rule made clear that theproposed rule was concerned with the filing ofcopies of documents and did not authorize thefiling of documents by ”fax.”

In addition, proposed amendment ofRules 440 and 1035 provided for the service by”fax” of legal papers other than original process.The amended rules would permit, on a volun-tary basis, the use of technology which now isencountered on a daily basis in virtually everylaw office.

Promulgated August 3, 1998, effectiveJanuary 1, 1999.

Recommendation No. 147: Discovery Addedto Rule 4007.1 new subdivision (f) governingproceedings under ' 5326 of the Judicial Code, apart of the Uniform Interstate and InternationalProcedure Act. That section provides aid to liti-gants and tribunals outside the Commonwealthwith respect to depositions. To prevent unrea-sonable expense or burden to the person whosedeposition is sought, the new subdivision limitsthe venue of proceedings to obtain an orderunder the code to ”the county in which the

person who is the subject of the order resides, isemployed or regularly transacts business inperson.” Promulgated August 4, 1998, effectiveJanuary 1, 1999.

Amendments Promulgated without PriorPublication

Several amendments were promulgatedwithout prior publication because of their per-functory nature.

Rule 235: Notice to the Attorney GeneralBrought the rule into conformity with theCommonwealth Attorneys Act, 71 P.S. § 732-204(c), which provides that the attorney general“may intervene in any other action, includingthose involving charitable bequests and trusts orthe constitutionality of any statute.” The rule,which already provided for notice in an actioninvolving the constitutionality of a statute, wasexpanded to coincide with the act and requirenotice when an action involves a charitablebequest or trust. Promulgated August 3, 1998,effective January 1, 1999.

Rule 2958.3: Execution upon a ConfessedJudgment The amendment to subdivision (a) ofRule 2958.3 was perfunctory in nature, addingthe words “and attached,” which had beeninadvertently omitted. Effective July 1, 1998.

Rule 231.4, Rule 4009;21(a): Subpoenas;Production of Documents and Things It hadappeared that attorneys were of the belief that asubpoena pursuant to Rule 4009.21 et seq. is thesole manner of seeking production from a personnot a party to an action. The amend-ment of thenote to the rule was designed to change thisperception and create an awareness that thereare viable alternatives. The alter-natives setforth in the note are a deposition upon oralexamination under Rule 4007.1 (d) and anindependent action.

In a related matter, some attorneys andjudges were of the impression that the 20-dayprior notice provision of Rule 4009.21 for the

45


issuance of a subpoena to produce documents orthings applied to a subpoena duces tecum issuedunder Rule 234.1 in connection with an oraldeposition. A note was added to Rule 234.1(a)effective January 1, 1999, to alert the bench andbar that the 20-day notice did not apply to thesubpoena duces tecum.

Effective January 1, 1999.

Rule 400.1: Service of Original Process inPhiladelphia County The Supreme Court of itsown motion amended this rule by making therule permanent and extending its scope to allcourts of the First Judicial District. The title of therule, “Temporary Provisions for PhiladelphiaCounty,” was revised to read “Provisions for AllCourts of the First Judicial District.” EffectiveAugust 1, 1998.

Recommendations Published to Bench andBar

Recommendation 148: Production of MedicalRecords Proposes to amend Rule 234.1 gov-erning subpoenas to eliminate a conflict withSection 6152(c) of the Judicial Code as amendedby Act No. 1998-26. The code conflicts withRule 4007.1(d)(2) governing oral depositions tothe extent that it authorizes the health careprovider or facility to deliver the records prior tothe date set forth in the subpoena. The recom-mendation proposes that new subdivision (d) beadded to Rule 234.1 requiring that, whenmedical records are to be produced in con-nection with the subpoena to attend and testify,a special notice be attached to the front of asubpoena advising that the records are not to beproduced before the date set forth in the sub-poena in the absence of an authorization fromthe plaintiff or the plaintiff's attorney.

Recommendation No. 149: Service uponAssociations Proposes to amend Rule 423governing service of original process upon part-nerships and unincorporated associations andRule 424 governing service of original processupon corporations and similar entities. These

rules currently provide, inter alia, a method ofservice whereby a copy of process may behanded to “the manager, clerk or other person forthe time being in charge of any regular place ofbusiness or activity.” A barrier of a reception-istor security guard, however, often makes suchservice difficult to effect. The recommendationwould add a provision to both rules that servicemay be made upon “a person responsible forreceiving visitors, or business mail or deliveriesaddressed to” the particular association, at anyoffice or regular place of business of theassociation.

Recommendation No. 150: Associations asParties Proposes to modernize the definitions ofthe terms ”partnership,” ”unincorporated associ-ation,” and ”corporation or similar entity.” Thedefinitions contain terminology which hasbecome obsolete since the rules governing theseassociations were adopted in 1939.

Recommendation No. 151: Liens upon RealProperty and Revival of Judgments Rules 3025through 3049 were promulgated in 1964 toprovide the procedure in proceedings to reviveand continue the lien of a judgment. The note toRule 3025 advised the bench and bar: “For thesubstantive law governing the revival ofjudgment against defendants and terre tenantssee the Judgment Lien Law of 1947, 12 P.S. 877et seq.”

The Judgment Lien Law was repealed bythe Judiciary Act Repealer Act (JARA) in 1978,but no successor provisions were enacted as partof the Judicial Code or otherwise and the 1947Act disappeared from Purdon's Pennsyl-vaniaStatutes. Unless the superseded volumes offormer Title 12 were retained, the Judgment LienLaw became unavailable to the legal community.Yet, as no general rules had been promulgated todate to replace the repealed act, the JudgmentLien Law continued as part of the common law ofthe Commonwealth under the fail-safe provisionof JARA, 42 P.S., § 20003(b).

Recommendation No. 151 proposes toamend the rules of civil procedure to fill the void

46


left by the repeal of the 1947 Act. It is the last ofthe major projects arising from JARA.

Recommendation No. 152: Judgment of NonPros for Inactivity Proposes to codify the three-prong test for the entry of a judgment of non prosfor inactivity as set forth in James Bro-thersLumber Co. v. Union Banking and Trust, 432 Pa.129, 247 A.2d 587 (1968) as reaffirmed inJacobs v. Halloran, et al., 551 Pa. 350, 710 A.2d1098 (1998). The proposal contains threeprincipal points. First, the test for activity suffi-cient to avoid a judgment of non pros includesactivity both on the docket and outside therecord. Second, there is no presumption ofprejudice which arises from the mere passage oftime; rather, prejudice must be actual and notpresumed. Finally, the proposed rule requires awritten notice of the intention to file a petition fora judgment of non pros, thus giving the opposingparty the opportunity to exercise due diligenceand proceed with reasonable promptitude.

Recommendation No. 153: Electronic Filing ofLegal Papers Proposes to amend the rules ofcivil procedure by adapting them to accom-modate the electronic filing of legal papers. Therules are presently based upon a system usingpaper or ”hard copy,” and revision is required totake advantage of the technological advancesheralded for the twenty-first century. The pro-posed rules do not authorize the electronic filingof legal papers, but merely set forth proceduralguidelines to allow pilot projects and eventualgeneral use when authorized by general rule,rule of court, or special order.

Recommendation No. 154: Conduct of jurytrial Proposes to add new subdivision (b) to rule23 to provide techniques which may be

used in the conduct of a jury trial. The proposal,which reflects a heightened interest in the jurytrial nationwide, is directed toward providingjurors with a greater understanding of the casewhich they are witnessing and, if appropriate, anopportunity to participate more actively in thetrial. The rule is designed to be a catalog,advising both the bench and bar of the optionsavailable and the court's power to invoke them.

Continuing Responsibilities

The Judicial Code and the JARA haveprovided the committee with the basis for muchof its work since 1978. During 1998 the com-mittee continued to review the rules for obsoletereferences and to close gaps in procedureresulting from these statutes. This project willcontinue into the coming year as well and cometo an end with a review of Rule 3026 et seq.governing revival of judgments and ExecutionRule 3104.

Contact Person

Anyone wishing to learn more about theCivil Procedural Rules Committee or havingquestions regarding civil rules may contactExecutive Director Harold Don at (717) 795-2110or write to him at Suite 700; 5035 Ritter Road;Mechanicsburg, PA 17055 or via e-mail [email protected].

47


Status of Recommendations

Recommendation

130

134

138

140

142

143

144

145

146

147

148

Subject

New Rule 220.1 governing voir dire

Amendment of Rule 1305 governingcompulsory arbitration

Amendment of Rule 1303 governingcompulsory arbitration

Amendment of Rule 238 governing damagesfor delay

Amendment of Rule 400 et seq. governingservice of original process

Amendment of Rule 4010 governing physicaland mental examination of persons;proposed Rule 4010.1 governing evaluation ofearning capacity

Amendment of Rule 1033 governing amend-ment of pleadings

Technical amendment (JARA) of Rule 3101 etseq. governing enforcement

New Rule 205.3 governing filing of copies;amendment of Rules 440 and 1025 to providefor service of legal papers by facsimiletransmission

New Rule 4007.1(f) governing application for anorder under Section 5326(a) of the JudicialCode relating assistance to litigants outsidethe Commonwealth

Amendment of Rules 234.1 and 4007.1(d)governing issuance of a subpoena duces tecumfor medical records and charts

Status

Promulgated 8-14-97,effective 1-1-98




Pending before Court


Pending before Court




Published to bench andbar for comment

continued...

Chart 3.3.1

48


Status of Recommendations, continued

Recommendation

149

150

151

152

153

154

Subject

Amendment of Rules 423 and 424 governingservice of original process upon associations

Amendment of Rules 2126, 2151 and 2176defining partnerships, unincorporatedassociations, and corporations and similarentities

Promulgation and amendment of rulesgoverning lines upon real property and revivalof judgments

Promulgation of New Rule 229.1 governingentry of judgment of non pros for inactivity

Promulgation of new Rule 205.4 and amend-ment of Rule 440 to provide for electronicfiling and service of legal papers

Amendment of Rule 223 governing conduct ofthe jury trial

Status







Chart 3.3.1, cont'd.

49

1998 Membership:

Civil Instructions CommitteeJames E. Beasley, Esq., ChairmanPerry S. Bechtle, Esq.Honorable John C. DowlingJames Lewis Griffith, Esq.Lee C. Swartz, Esq., Reporter

Civil Instructions Advisory PanelLee C. Swartz, Esq., Reporter

Criminal Instructions SubcommitteeHonorable James R. Cavanaugh, ChairmanHonorable Robert E. Dauer, Co-chairmanWilliam H. Lamb, Esq., Co-chairmanHonorable John N. SawyerProfessor Arthur A. Murphy, Reporter

Criminal Instructions Advisory PanelProfessor Arthur A. Murphy, ReporterHonorable Kevin A. HessHonorable Renee Cardwell HughesHonorable J. Wesley Oler, Jr.

Staff:

Roger B. Meilton, Assistant Reporter and Secretary


Pa. Constitution Article V, ' 10(c)

Committee

for

Proposed

Standard

Jury

Instructions

c/o Pa. Bar Institute5080 Ritter RoadMechanicsburg, PA 17055(717) 796-0804(800) 932-4637

50

T

COMMITTEE FOR PROPOSED STANDARD JURY INSTRUCTIONS

History/Background

he Pennsylvania Supreme Court Committeefor Proposed Standard Jury Instructions was firstappointed in 1968 by Chief Justice John C. Bellfor the express purpose of developing patternjury charges for the assistance of both the benchand the bar. The committee's mission from theoutset has been to assist the administration ofjustice in both civil and criminal court pro-ceedings through the availability of model juryinstructions.

As a result, the committee has publishedcomprehensive volumes of suggested civil andcriminal jury instructions. The suggestedinstructions guide judges and lawyers in thepreparation and consideration of instructionsduring the trial process. The ongoing purpose ofthe committee is to monitor developments in civiland criminal law, recommending and publishingrevised and new instructions as required.

Since 1979 the Pennsylvania Bar Institute(PBI) has provided both administrative andpublishing support for the committee, as well asfunding for this important work. Project costs areunderwritten through the sale and distribution ofthe published suggested standard instructions tothe legal community.

The third supplement to the Civil JuryInstructions was published in 1997. With this

supplement, the instructions became available oncomputer diskette. The process of recruitinga working advisory panel is underway, with thegoal of publishing a fourth supplement in theyear 2000.

The seventh supplement to the CriminalJury Instructions was published in 1995. With it,the instructions also became available oncomputer diskette. During 1998 and 1999, theadvisory panel has continued researching anddrafting revised and new jury instructions for aneighth supplement targeted to be published inlate 1999.

Contact Person

Members of the bench and bar are urgedto provide their comments and suggestions to thecommittee. Such comments are of greatassistance to the reporters and subcommitteemembers in their ongoing efforts to ensure thatthe instructions reflect the current state of thelaw in Pennsylvania.

Those interested may contact DavidHominik, PBI Publications Attorney. He can bereached at the Pennsylvania Bar Institute; 5080Ritter Road; Mechanicsburg, PA 17055-6903;(800) 932-4637 or (717) 796-0804, ext. 2258;or [email protected].

51

1998 Membership

Thomas C. Raup, Esq., ChairHonorable J. Michael Eakin, Vice ChairDavid F. Binder, Esq.Raymond J. Bradley, Esq.Alan Steven Gold, Esq.Honorable Richard A. LewisPatrick J. O'Connor, Esq.Bernard W. Smalley, Esq.Ellen M. Viakley, Esq.Leonard Packel, Esq., Official Reporter

Staff:

Anne T. Panfil, Esq., Chief Staff CounselJennifer Degenfelder, Esq., Staff CounselPatricia R. Kephart, Office Manager



Committee

on

Rules of

Evidence

5035 Ritter Road, Suite 800Mechanicsburg, PA 17055(717) 795-2100

52

T

COMMITTEE ON RULES OF EVIDENCE

History/Background

he Committee on Rules of Evidence wascreated on September 8, 1998, by the SupremeCourt of Pennsylvania to serve as an advisorybody to the Court, assisting the Court in fulfillingits constitutional and statutory responsibility toprescribe general rules governing all courtproceedings in Pennsylvania's Unified JudicialSystem. It is the successor to the Ad Hoc Com-mittee on Evidence, which was appointed by theSupreme Court in 1994 to develop a com-prehensive code of evidence for the Court'sconsideration.

After an extensive public comment peri-od and subsequent revisions, the ad hoc com-mittee submitted a proposed evidence code tothe Court that was adopted May 8, 1998, as thePennsylvania Rules of Evidence. It becameeffective October 1, 1998. Since then, first the ad hoc committee, and thenthe standing committee, have been monitoringthe practical application of the new rules as wellas developments in evidence law inPennsylvania and in other jurisdictions, asreflected in case law and statutory changes thathave occurred since the rules' adoption. Inaddition, the com-mittees have been reviewingand responding to the various questions thathave been raised by judges and lawyers.

Membership and Staff

The first members of the committee onRules of Evidence have been appointed by theCourt for initial one-, two- and three-year terms,commencing October 1, 1998. Committee mem-bership consists of one Common Pleas Courtjudge, eight attorneys in private practice and alaw professor, all of whom have extensivebackgrounds in trial practice and procedure andare from different areas of Pennsylvania.

Committee staff consists of two attorneysand an office manager and maintains its office inMechanicsburg at the AOPC's central site.1998 Activities

The Committee on Rules of Evidence heldits first full committee meeting in October 1998in Philadelphia. Prior to this, several sub-committee meetings and conference calls wereheld as the committee became established.

The committee's first undertaking was acarryover from work that the ad hoc committeehad begun, viz., to provide statewide training onthe new rules. This was accomplished with theassistance of the Pennsylvania Bar Institute.These training sessions also provided the com-mittee members with an excellent opportunity toanswer questions and to gather input about thenew rules.

The committee's other major undertakingin 1998 was the initiation of what is anticipatedto be an ongoing project, working with mem-bers of the legislature concerning the interplaybetween the new Rules of Evidence and existingevidentiary statutes.


The committee plans to continue tomonitor the new Rules of Evidence as membersof the bench and bar become more familiar withusing them and to continue to work withmembers of the legislature on the statutory/ruleproject begun in 1998.

Contact Person

Any individuals wanting additionalinformation about the Committee on Rules ofEvidence or who have questions about the Rulesof Evidence may contact the committee throughits Chief Staff Counsel, Anne T. Panfil, Esq., at(717) 795-2100, or by writing to her at thecommittee's mailing address at 5035 Ritter Road,Suite 800; Mechanicsburg, PA 17055.

53

1998 Membership

James C. Schwartzman, Esq., ChairmanVincent J. Grogan, Esq., Vice ChairmanCarmen P. Belefonte, Esq.John A. Carpenter, Esq.Thomas L. Cooper, Esq.Phoebe A. Haddon, Esq.*Ruth E. Ganister, Esq.Marvin S. Lieber, Esq.Arthur L. Piccone, Esq.Sandor Yelen, Esq.**

* Term expired 9-1-98** Appointed 12-31-98

Staff:

Karen K. Spicer, Administrator


Title 204 - Judicial System General Provisions Part V. Professional Ethics and Conduct [204 PA Code C. 82]

Pennsylvania Rules for Continuing Legal Education; No. 99Supreme Court Rules Doc. No. 1

Pennsylvania

Continuing

Legal

Education

Board

5035 Ritter RoadSuite 500Mechanicsburg, PA 17055(717) 795-2139(800) 497-2253e-mail [email protected]

54

W

CONTINUING LEGAL EDUCATION BOARD

History/Background

ith the promulgation by the PennsylvaniaSupreme Court of the Pennsylvania Rules forContinuing Legal Education on January 7, 1992,Pennsylvania became the thirty-eighth state inthe union to require attorneys to participate informal continuing legal education (CLE).

It is the responsibility of the ContinuingLegal Education Board (PACLE) to administer therules pertaining to such education for attorneys.This responsibility began with establishing theentire continuing legal education requirementssystem and continues to include updating therequirements and rules as necessary, monitoringeach attorney=s compliance with the require-ments, notifying attorneys of CLE status, andaccrediting and monitoring CLE providers andcourses.

The board established the following goalsearly in its existence:

- create and maintain a credible and respectedCLE program in Pennsylvania

- be lawyer friendly- make compliance easy for lawyers- minimize paperwork for lawyers- utilize the most modern, efficient and

effective methods of communication- automate as much as possible through

computerization.

The board is comprised of ten activePennsylvania attorneys appointed by theSupreme Court. Member terms are three yearsin length and no member may serve more thantwo consecutive terms.

Compliance Requirements andDeadlines

Annual CLE credit-hour requirementsare met by completion of accredited courses inthe areas of substantive law, practice and

procedure, ethics, professionalism or substanceabuse. As of September 1, 1995, lawyers in eachcompliance year group must complete twelvehours of CLE, including a minimum of one hour ofethics, professionalism or substance abuse beforethe compliance year deadline.

Compliance deadlines and CLE require-ments are based on the annual complianceperiod to which lawyers have been assigned byrandom selection of lawyer identification num-bers. CLE requirements and group deadlines canbe found in Table 3.6.1 below.

Board Organization

To best accomplish the requirements setforth by the Pennsylvania Rules for ContinuingLegal Education, the Continuing Legal EducationBoard is organized into four committees, eachcovering a major area of operations: Accredita-tion, Administration, Audit and Compliance. Adescription of each committee follows.

Table 3.6.1

Compliance Deadlines/Requirements

CompliancePeriod Ending Education Requirements

Group One4-30-97 12 hours total, minimum 1 hour ethics4-30-98 12 hours total, minimum 1 hour ethics4-30-99 12 hours total, minimum 1 hour ethics

Group Two8-31-97 12 hours total, minimum 1 hour ethics8-31-98 12 hours total, minimum 1 hour ethics8-31-99 12 hours total, minimum 1 hour ethics

Group Three12-31-97 12 hours total, minimum 1 hour ethics12-31-98 12 hours total, minimum 1 hour ethics12-31-99 12 hours total, minimum 1 hour ethics

55


Accreditation Committee

The Accreditation Committee has threemembers: Thomas L. Cooper, Esq., chairman;Phoebe Haddon, Esq.; and Arthur L. Piccone, Esq.Its duties include certification of providers andcourses, CLE program standards, adequacy ofcourse availability, and course and provideraccreditation standards.

Administration Committee

The Administration Committee includesThomas L. Cooper, Esq., chairman; Vincent J.Grogan, Esq.; and Marvin S. Lieber, Esq. It han-dles matters involving staff, employee relations,benefits, office equipment, office operations, feesand banking, and those enhancements toprogram administration necessary to ensurequality and efficiency.

Audit Committee

The Audit Committee has three mem-bers: Marvin S. Lieber, Esq., chairman; ThomasL. Cooper, Esq.; and James C. Schwartzman, Esq.It oversees the budget, annual independent audit,and audit of board operations. It con-tinues tomonitor the board's financial software, operatingprocedures and reporting. It is also the liaisonbetween the board and the board's accountants,KPMG Peat Marwick.

Compliance Committee

James C. Schwartzman, Esq., chairman;John A. Carpenter, Esq.; and Phoebe A. Haddon,Esq. comprise the Compliance Committee. Thiscommittee oversees attorney compliance; re-views requests for waivers, extensions anddeferrals from lawyers; reviews determination oflawyer noncompliance; and makes recom-mendations to the board for action regardingthese issues.

1998 Board Actions and OperationsHighlights

The board met three times in 1998.

With the Court's approval, the boardobtained a copyright for the software whichmanages the immense database of informationrequired to accurately and efficiently processlawyer compliance. The software was licensedin August of 1998 to the Supreme Court of OhioCommission on Continuing Legal Education. Acopyright was also obtained for the softwarecalled Automated System for Accredited Pro-viders (ASAP), which is licensed to accreditedproviders and allows for automated courseregistration, and electronic submission of up-coming courses and course attendance rosters tothe PACLE office.

The PACLE Internet site, www.pacle.org,was upgraded once again with additionalservices to lawyers. In addition to informationabout the board, the rules and regulations,Frequently Asked Questions and upcomingcourses approved for Pennsylvania CLE credits,the highly utilized Course Record Check (CRC)was added to the site. With CRC lawyers canlearn the last three courses posted to theirrecords and the number of credits earned fortheir current compliance year.

In May of 1998, the board held its annualProvider Conference. Over 100 providersattended the sessions, which focused on at-taining excellence in CLE. A major emphasis ofthe board with the 170 accredited providers ofCLE in Pennsylvania is the importance of inter-esting, high quality CLE programs.

In 1997 the board initiated a Y2Kanalysis and plan for necessary remediation toavert any disruption to services in the year 2000.The main operating system hardware, theoperating software, the telephone systems, theaccounting system, the automated telephoneinformation system known as Conversant, and

56

CONTINUING LEGAL EDUCATION BOARD

all peripheral hardware were either upgraded,replaced, or scheduled for Y2K correctionprocesses by the end of 1999.

As another project, the board completedthe technical documentation of all software andsystem administration.

Attorney Compliance

Attorney compliance with CLE require-ments remains exceptionally high, averagingover 99%. Table 3.6.2 on page 57 displays thecompliance rate and the number of lawyerswhose names were reported to the DisciplinaryBoard of the Supreme Court for failure to meetCLE requirements.


The board will complete the Y2K andsystems initiatives in 1999 as well as continue toimprove Internet services to lawyers. Quality

initiatives include a comprehensive survey ofaccredited providers to determine best practicesin providing courses. The Internet site will beenhanced to encourage lawyers to critiquerecently attended courses via the Internet.

Contact Person

Questions about CLE or the PennsylvaniaContinuing Legal Education Board may bedirected to Karen K. Spicer, Administrator, at(800) 497-2253 or (717) 795-2139. Or you maywrite to the board at 5035 Ritter Road, Suite 500;Mechanicsburg, PA 17055 or e-mail [email protected]. The board=s Web site islocated at www.pacle.org.

57


Attorney Compliance

Compliance YearEnding

# LawyersSubject to

Requirements# LawyersComplying

# LawyersInvoluntarilyInactivated

ComplianceRates

Group 192-93 - April 9393-94 - April 9494-95 - April 9595-96 - April 9696-97 - April 9797-98 - April 98

17,10017,30017,61917,87317,80417,665

16,95917,17917,55217,76817,63917,523

1 411 21 67105165142

99.2%99.3%99.6%99.4%99.1%99.2%

Group 292-93 - August 9393-94 - August 9494-95 - August 9595-96 - August 9696-97 - August 9797-98 - August 98

17,12417,28917,64917,59517,41017613

16,86817,13417,5401750717,29417,511

256155109 871 16102

98.5%99.1%99.4%99.5%99.3%99.5

Group 392-93 - December 9393-94 - December 9494-95 - December 9595-96 - December 9696-97 - December 97•97-98 - December 98

17,26917,47417,67917,54217,58217,781

16,93617,41417,57417,43017456*

333 601051 1 2126*

98.1%99.7%99.4%99.4%99.3%*

*Information for this compliance period will be available after August 20, 1999.

Table 3.6.2

59

1998 Membership

Francis Barry McCarthy, Jr., Esq., Chairman+Honorable J. Michael Eakin, Vice ChairmanJoseph P. Conti, Esq.John P. Delaney, Jr., Esq.John L. Doherty, Esq.Honorable Scott A. EvansHonorable Thomas King KistlerPaul S. Kuntz, Esq., ex officioHonorable Donna Jo McDanielJohn P. Moses, Esq.John W. Packel, Esq.Mary Benefield Seiverling, Esq.Claude A. Lord Shields**Lenora M. Smith, Esq.*Michael W. Streily, Esq.Stuart Brian Suss, Esq.Joel P. Trigiani, Esq.*

* Term expired 6-30-98** Appointed 7-98+ Term expires 6-30-99

Staff:

Anne T. Panfil, Esq., Chief Staff CounselJennifer Degenfelder, Esq., Staff CounselPatricia R. Kephart, Office Manager



Criminal

Procedural

Rules

Committee

5035 Ritter Road, Suite 800Mechanicsburg, PA 17055(717) 795-2100

60

T

CRIMINAL PROCEDURAL RULES COMMITTEE

History/Background

he Criminal Procedural Rules Committee isan advisory arm to the Supreme Court, serving toassist the Court in achieving its constitutionalmandate to prescribe general rules governingcriminal practice and procedure throughoutPennsylvania.

The committee monitors recent develop-ments in criminal procedure in Pennsylvania andin other jurisdictions to identify areas in whichthe criminal rules need to be amended, revised,streamlined or simplified. The com-mittee alsoreviews and responds to the numerous questionsraised by judges, lawyers, and court personnel;the public; and agencies within the criminaljustice system.

In addition, the committee reviewsPennsylvania appellate court cases and Penn-sylvania legislation, earmarking those decisionalor statutory law changes which affect thecriminal process and necessitate amendments tothe rules or other action by the Court.

The committee also monitors all localcriminal rules as required by Pennsylvania Rulesof Criminal Procedure 6.

Prior to completing a rule proposal forsubmission to the Supreme Court, the committeepublishes an explanatory Report, whichdescribes the committee's proposal, and givesmembers of the bench, bar, and public anopportunity to comment on the proposal. Thereports are published in the PennsylvaniaBulletin, the Atlantic Reporter 2d (PennsylvaniaReporter Series), and various local barpublications. All comments are considered and,when appropriate, a proposal is modified beforefinal submission to the Court.

If a recommendation is adopted, thecommittee prepares a final explanatory report forpublication with the Court's order. These FinalReports are useful sources of information aboutthe rule changes and the committee's

considerations in developing the proposal for therule changes.

In addition to reports, the committeeprepares, as a public service, a ”Calendar of theEffective Dates,” which lists recently adoptedcriminal procedural rule changes and theireffective dates. These calendars are published invarious legal journals and newsletters to provideeasy access to the effective dates of criminal rulechanges.

Web Site

The Criminal Procedural Rules Commit-tee publishes its rule proposals and explanatoryReports, as well as the Supreme Court's orderspromulgating criminal rule changes, the text ofthe rule changes, and the committee's FinalReports explaining the rule changes on theSupreme Court's home page. These publicationsmay be found under Supreme Court Committeesat www.courts.state.pa.us.

Membership and Staff

Committee membership is appointed bythe Supreme Court. Each member's term is threeyears in length and members may serve amaximum of two full terms. During the first halfof 1998, it included a Superior Court judge, threeCommon Pleas Court judges, the chiefdisciplinary counsel for the Disciplinary Board ofthe Supreme Court, five prosecutors, one assis-tant public defender, three attorneys in privatepractice, one law professor and a district courtadministrator. During the second half of 1998,the membership changed with two of the threeattorneys in the private sector completing theirterms with the committee, and one additionalprosecutor being appointed.

The committee has a staff of three: twoattorneys and an office manager. It maintains itsoffice in Mechanicsburg at the AdministrativeOffice's Central Site.

61


1998 Activities

The committee held five two-day full-committee meetings and several subcommitteemeetings in 1998. The meetings were held inPittsburgh, Philadelphia, Hershey, State College,and Wilkes-Barre.

A good deal of the committee's work in1998 involved an ongoing review of the rulesaffecting proceedings before the minor judiciary,both in summary cases (Chapter 50), and in courtcases (Chapter 100), and responding to specificinquiries from the Supreme Court on issues thatarose in case law. In addition, the committeespent substantial time working on its jurorinformation questionnaire proposal, includ-ingsurveying the president judges concerning theuse of juror information questionnaires.

The committee began a major project inthe summer of 1998, reviewing all the criminalrules and the organization of the rules. The goalwas to determine whether the rules could bepresented in a more orderly fashion that moreaccurately reflects the movement of a criminalcase through the criminal justice system, there-by making the rules more ”user friendly” andeasier to follow.

The committee also addressed severalother areas of criminal practice and procedure,including pleas, discovery, venue, trial proce-dures, and jury procedures, and initiated researchinto the use of advanced communi-cationtechnology in criminal proceedings.

The committee communicated regularlywith the Administrative Office and with theSupreme Court's other committees on variousprocedural matters in an effort to achieveuniformity and consistency among interrelatedprocedural and administrative matters.

The committee continued in 1998 tomake presentations to the bench, the bar andothers involved in the criminal justice systemregarding recent changes in Pennsylvania'scriminal procedures. At these presentations, the

committee receives valuable input concerningPennsylvania's criminal practice.

1998 Committee Action

The Supreme Court adopted five com-mittee recommendations for rule changes in1998. A number of other recommendationsremained pending with the Court. These aredescribed below. A chart indicating the status ofthe proposals and recommendations pending in1998 can be found beginning on page 64.

Proposals Adopted by the Supreme Court

Recommendation No. 5, Criminal Rules 1997:Revision of the Comment to Rule 1405 clarifyingthat defendants in summary cases are to beadvised of their appeal rights following a trial denovo and that judges must complete thesentencing guideline forms. Adopted 1-9-98,effective immediately. See order and Final Reportat 28 Pa.B. 480 (1-31-98) and 703 A.2d(Pennsylvania Reporter Series).

Recommendation No. 8, Criminal Rules 1997:Amendment to Rule 141 and revision of the Rule83 Comment to clarify that the issuing authoritymay permit the affiant to ask ques-tions ofwitnesses when no attorney for theCommonwealth is present at the summary trial orat the preliminary hearing. Adopted 2-13-98,effective 7-1-98. See order and Final Report at28 Pa.B. 1126 (2-28-98) and 705 A.2d(Pennsylvania Reporter Series).

Recommendation No. 1 Criminal Rules 1998:Amendments to Rules 6001, 6003, 6009, and6010 replacing ”district attorney” with ”attorneyfor the Commonwealth” in the Municipal CourtRules. Adopted 8-28-98, effective immediately.See order and Final Report at 28 Pa.B. 4625(9-12-98) and 716 A.2d (Pennsylvania ReporterSeries).

Recommendation No. 2 Criminal Rules 1998:Rule 305 Comment revision clarifying that the

62


disclosure of information about remunerationreceived by an investigator or prosecutor isincluded within the scope of Rule 305(B)(2)(a) (iv)and is discretionary with the court. Approved 8-28-98, effective 1-1-99. See order and FinalReport at 28 Pa.B. 4624 (9-12-98) and 716 A.2d(Pennsylvania Reporter Series).

Recommendation No. 4 Criminal Rules 1998:New Rule 1107 and amendments to Rules 1104and 1106 providing procedures for the manda-tory use of juror information questionnaires,and requiring that the questionnaire be a stan-dardized form. Adopted 9-18-98, effective7-1-99. See order and Final Report at 28 P.B.4883 (10-3-98) and 718 A.2d (PennsylvaniaReporter Series).

Proposals Pending with the Supreme Court

Note that some of the following recom-mendations were submitted to the Court withoutpublication pursuant to Pa.R.J.A. 103(a)(3) eitherin the interests of justice, because exigentcircumstances existed which warranted promptaction, or because the proposed changes aretechnical or perfunctory in nature.

Recommendation No. 8, Criminal Rules 1996:Revision to Rule 86 Comment would clarify theprocedures concerning a police officer's pre-sence at summary trial and trial de novo toaddress the holding in Commonwealth v. High-tower. See Report at 26 Pa.B. 2167 (5-11-96).

Recommendation No. 16, Criminal Rules1996: Amendments to Rules 71 and 81 wouldclarify the procedures related to collateral insummary cases and expressly address theexceptions to the immediate trial requirement inRule 71. See Report at 26 Pa.B. 4893 (10-12-96).

Recommendation No. 2, Criminal Rules 1997:Proposed Rule 1410 Comment revision to clarifythat the Rule 1410 post-sentence proceduresdo not apply in the context of appellate rule1925(b).

Recommendation No. 6, Criminal Rules 1997:Proposed amendments to Rules 1500, 1507,1508, and 1509 would provide for notice to adefendant of the PCRA time limits and right tocounsel, impose a time limit on the disposition ofpetitions in noncapital cases, and provide forextensions of time.

Recommendation No. 7, Criminal Rules 1997:Proposed amendments to Chapter 100 estab-lishing a uniform procedure for handling cases inwhich the defendant fails to appear for thepreliminary hearing. See Supplemental Reportat 26 Pa.B. 2307 (5-18-96).

Recommendation No. 3 Criminal Rules 1998:Proposed new Rule 300 and amendments toRules 21 and 1100 to address Commonwealth v.McPhail, providing procedures for the trans-ferof cases when multiple charges arise from asingle criminal episode, and the charges are filedin different judicial districts or differentmagisterial districts. See Report at 28 Pa.B. 475(1-31-98).

Recommendation No. 5 Criminal Rules 1998:Proposed amendments to Rules 75, 76, and 85that would clarify that the October 1997amendments to these rules concerning sum-mary warrants require an ability to pay hear-ing following an arrest for failure to respond tothe ten-day notice required under the rules.

Recommendation No. 6 Criminal Rules 1998:Proposed new Rule 143, amendments to Rule 23,and revision of the Comment to Rule 107 thatwould provide the procedures for the rein-stitution of criminal charges following thewithdrawal or dismissal at, or prior to, the pre-liminary hearing. See Report at 28 Pa.B. 1505(3-28-98).

Recommendation No. 7 Criminal Rules 1998:Proposed amendments to Rules 53, 59, 64, and69 that would clarify the summary case guiltyplea procedures when there is a mandatorysentence of imprisonment. See Report at 28Pa.B. 1510 (3-28-98).

63


Recommendation No. 8 Criminal Rules 1998:Proposed amendments to Rules 53 and 86 thatwould clarify that a defendant may appeal for atrial de novo following a guilty plea in asummary case.

Recommendation No. 9 Criminal Rules 1998:Proposed amendments to Rule 1114 concerningCommonwealth v. Karaffa and written juryinstructions being sent out with the jury duringdeliberations.

Recommendation No. 10 Criminal Rules 1998: Proposed amendments to Rules 1101 (Waiver ofJury Trial), 1102 (Procedure When Jury Trial IsWaived), and 1103 (Consent to Be Tried by LessThan Twelve Jurors) to implement theconstitutional amendment concerning theCommonwealth's right to a jury trial.


The committee plans to continue itsreview of the criminal rules and the rules'organization asit works towards a reorgani-zation that willpresent the rules in a more

logical order and will make them easier to fol-low to the conclusion of a criminal proceeding.The committee also plans to continue examiningjury procedures and procedures for utilizingadvanced communication technology in criminalproceedings, ongoing projects that will be carriedover from 1998. In addition to these three majorareas of review, the committee will continue itswork on the rules affecting the minor judiciary,both relating to summary cases and court cases,and cases in which a summary offense ischarged with misdemeanor or felony charges.

Contact Person

Anyone wanting additional informationabout the Criminal Procedural Rules Committee orhaving questions about the Criminal Proce-duralRules may contact the committee through itschief staff counsel, Anne T. Panfil, Esq., at (717)795-2100 or writing in care of the committee toP.O. Box 1325; Doylestown, PA 18901.

64


Status of Recommendations

Recommendation

8, 1996

16, 1996

2, 1997

5, 1997

6, 1997

7, 1997

8, 1997

Subject

Revision to Rule 86 Comment clarifying pro-cedures concerning a police officer's presenceat summary trial and trial de novo to addressthe holding in Commonwealth v. Hightower

Amendments to Rules 71 and 81 clarifyingprocedures related to collateral in summarycases

Revision of Rule 1410 Comment to clarify thatthe Rule 1410 post-sentence procedures donot apply in context of appellate rule 1925(b)

Proposed Rule 1405 Comment revisions toclarify that defendant is to receive notice ofhis/her appeal rights following a trial de novo inthe Court of Common Pleas, and to clarify thatsentencing guideline forms must be completedpursuant to statute

Proposed amendments to Rules 1500, 1507,1508, and 1509 to provide for notice to adefendant of PCRA time limits and right tocounsel, to impose a time limit on dispositionof petitions in noncapital cases, and to providefor extensions of time

Proposed amendments to Chapter 100establishing a uniform procedure for handlingcases in which defendant fails to appear forpreliminary hearing

Proposed amendment to Rule 141 and revisionof Rule 83 Comment to clarify procedureswhen no attorney for the Commonwealth ispresent at summary trial or at preliminaryhearing

Status

Submitted to Court 8-1-96;pending before Court



Adopted 1-9-98; effectiveimmediately




continued...

Table 3.7.1

65



Recommendation

1, 1998

2, 1998

3, 1998

4, 1998

5, 1998

6, 1998

Subject

Amendments to Rules 6001, 6003, 6009,and 6010 replacing "district attorney" with"attorney for the Commonwealth" in theMunicipal Court Rules

Rule 305 Comment revision clarifying thatdisclosure of information about remunerationreceived by an investigator or prosecutor isincluded within the scope of Rule 305(B)(2)(a)(iv) and is discretionary with the court

Proposed new Rule 300 and amendments toRules 21 and 1100 to address Commonwealthv. McPhail, providing procedures for transfer ofcases when multiple charges arise from asingle criminal episode, and charges are filed indifferent judicial districts or different magis-terial districts

New Rule 1107 and amendments to Rules 1104and 1106 providing procedures for mandatoryuse of juror information questionnaires, andrequiring standardized form of questionnaire

Proposed amendments to Rules 75, 76, and85 to clarify that October 1997 amendmentsto these rules concerning summary warrantsrequire an ability to pay hearing following anarrest for failure to respond to ten-day noticerequired under the rules

Proposed new Rule 143, amendments to Rule23, and revision of the Comment to Rule 107 toprovide procedures for reinstitution of criminalcharges following the withdrawal or dismissalat, or prior to, the preliminary hearing

Status

Adopted 8-28-98, effectiveimmediately

Adopted 8-28-98, effective1-1-99


Adopted 9-18-98; effective7-1-99



continued...

Table 3.7.1, cont'd.

66



Recommendation

7, 1998

8, 1998

9, 1998

10, 1998

Subject

Proposed amendments to Rules 53, 59, 64,and 69 that would clarify summary case guiltyplea procedures when there is a mandatorysentence of imprisonment

Proposed amendments to Rules 53 and 86 toclarify that a defendant may appeal for a trialde novo following a guilty plea in a summarycase

Proposed amendments to Rule 1114 concerningCommonwealth v. Karaffa and written juryinstructions being sent out with the juryduring deliberations

Proposed amendments to Rules 1101 (Waiverof Jury Trial), 1102 (Procedure When Jury TrialIs Waived), and 1103 (Consent to Be Tried byLess Than Twelve Jurors) to implementconstitutional amendment concerningCommonwealth's right to a jury trial

Status





Table 3.7.1, cont'd.

67

1998 Membership:

Stephen T. Saltz, Esq., Chairman*Carolyn "Raven" Rudnitsky, Chairwoman**William R. Caroselli, Esq.Dean Mary Watson Carson*Charles J. Cunningham, III, Esq.Christine L. Donohue, Esq.Thomas J. Elliott, Esq.Duke George, Jr., Esq.M. David Halpern, Esq.John E. Iole, Esq.Alfred Marroletti, Esq.John W. Morris, Esq.Gregory P. Miller, Esq.Robert N.C. Nix, III, Esq.J. Michele PeckAngelo L. Scaricamazza, Jr., Esq.Mark C. Schultz, Esq.Richard W. Stewart, Esq.

Staff:

Elaine M. Bixler, Executive Director & Secretary

* Term expired 4-1-98** Appointed chair effective 4-1-98


Pa. Constitution, Article V, ' 10(c)Rule 103, Pa. Rules of Disciplinary EnforcementRule 205(a), Pa. Rules of Disciplinary EnforcementRule 205(c), Pa. Rules of Disciplinary Enforcement

Disciplinary

Board

of the

Supreme

Court

First FloorTwo Lemoyne DriveLemoyne, PA 17043(717) 731-7073

68

T

DISCIPLINARY BOARD OF THE SUPREME COURT

History/Background

he Disciplinary Board was created by theSupreme Court in 1972 to consider and inves-tigate the conduct of any person subject to thePennsylvania Rules of Disciplinary Enforcement(Pa. R.D.E.). Such persons include:

- any attorney admitted to practice law inPennsylvania

- any attorney of another jurisdiction speciallyadmitted to the bar of the Supreme Court for aparticular proceeding

- any disbarred, suspended or inactive attor-ney, with respect to violation of any rulescommitted prior to disbarment, suspension ortransfer to inactivity

- any justice, judge or district justice, with re-spect to any violation of rules committed priorto taking office, if the Judicial Conduct Boarddeclines jurisdiction

- any attorney who resumes practice of lawwith respect to any nonjudicial acts per-formed while in office as a justice, judge ordistrict justice.

Investigations may be initiated by theDisciplinary Board on its own motion or uponcomplaint from another person. (See Rules 103,205(a) and 205 (c)(1)(2) of the Pa. R.D.E.)

Through December of 1998, 52,324active attorneys were registered in Pennsyl-vania, an increase of 1.36% over 1997.

During 1998, 4,845 complaints were filedwith the Disciplinary Board, an average of 403per month and a decrease of 3.7% from last year. Of these 4,845 plus the 1,048 complaints activeat the start of the year, 4,936 complaints, or83.76%, were disposed of, including 3,449dismissed as ”frivolous.” At the start of 1999,957 active complaints remained on hand.

1998 Activities

The board held seven meetings in 1998.The results of the executive sessions can be

found in Table 3.8.1 on page 69. A tabulation ofthe disciplinary actions taken since the be-ginning of the board's operations in 1972 is setforth on Table 3.8.2 on page 71. Comparisons ofcumulative actions taken and actions taken in1997 can be found in Chart 3.8.3 on page 73.

Rules Committee

The Rules Committee met and consid-ered amendments to various Pennsylvania Rulesof Professional Conduct (Pa.R.P.C.), PennsylvaniaRules of Disciplinary Enforcement (Pa.R.D.E.) andDisciplinary Board Rules and Procedures(D.B.R.P.).

The board recommended and the Su-preme Court adopted amendments to Pa.R.D.E.301 concerning incapacitated or severelymentally disabled attorneys and Pa.R.D.E.219(d) requiring that members of thePennsylvania Bar submit to plenary jurisdictionfor any action brought against them by thePennsylvania Lawyers Fund for ClientSecurity.

In September 1998, the board forwardedto the Supreme Court a report on proposedPa.R.P.C. 1.17, relating to the sale of a lawpractice. That report is presently pending beforethe Supreme Court.

The board rule amendments which wereapproved and adopted by the Disciplinary Boardduring 1998 are as follows:

§89.272(b) was amended to prohibit formerlyadmitted attorneys from applying for reinstate-ment until any previously taxed expenses from adisciplinary or previous reinstatement pro-ceeding have been paid.

§89.272(b) was also amended to conform withPa.R.D.E. 218(b), which provides that a personwho has been disbarred may not apply forreinstatement until the expiration of at least fiveyears from the date of the disbarment.

69


Finance & PensionCommittee

In August 1997 theboard determined to merge theFinancial & Personnel Commit-tee and the Pension Plan Com-mittee into one group, whichwas renamed the Finance &Pension Committee. This deci-sion was made based on thefact that both the generalassets and pension plan fundsare administered through PNCBank, although the generalassets are managed by PNC inCamp Hill and the pensionfunds are managed by PNC inPittsburgh. Having the samecommittee members receiveand review the quarterlyinvestment reports will betterenable the board to comparethe performance of its invest-ments.

In 1998 the chair of thecommittee met quarterly withrepresentatives of PNC Bank toreview the board's investmentsand recommend changes to theportfolio based on economic growth and earningsin the previous quarter.

Education Committee

The Education Committee designed theprogram for the board's retreat meeting in the fallof 1998. The topics were ”Formerly Admit-tedAttorneys Engaging in Law-Related Activi-ties”and ”Civility.” Justice Nigro participated in theprogram.

Following a lengthy discussion on bothtopics, it was decided to refer ”Formerly Admit-ted Attorneys...” to the Rules Committee for pub-lication of a Notice of Proposed Rulemaking. Thetopic of ”Civility” led to a revival of the need for

Table 3.8.1

a mandatory Bridge-the-Gap program for lawstudents seeking admission to the PennsylvaniaBar. Justice Nigro recommended that the Disci-plinary Board meet with the Board of LawExaminers and the Continuing Legal EducationBoard to revisit the concept of Bridge-the-Gap.

Hearing Committees

Currently, 168 regular hearing commit-tee members and 24 alternates appointed by theDisciplinary Board are serving on a pro bonobasis to conduct hearings into formal charges.

Due to an increasing number of formalproceedings being filed through the District II(Blue Bell), however, the board approved the

1998 Executive Session Results

Action Total Adjudications involving formal charges 63

Cases resolved by three-member panels of board memberswho reviewed hearing committee members' recommen-dations for private reprimand [Rule 208(a)(5) Pa. R.D.E.] 38

Respondents appearing before board to receive privatereprimands 37

Oral arguments before three-member panels of boardmembers 121

Board referrals to Supreme Court, including report andrecommendation for public discipline 38

Supreme Court orders for disbarment on consent (resultingfrom verified statements submitted by respondents) 20

Supreme Court orders reinstating previously disbarred orsuspended attorneys* 15

Supreme Court denials for reinstatement 1

Petitions for reinstatement to active status to attorneysinactive more than three years with no discipline involved 18

*Action taken following hearing on petition for reinstatement.

70

DISCIPLINARY BOARD OF THE SUPREME COURT

establishment of three additional Hearing Com-mittees to serve that area, effective February 1,1999.

On May 1, 1998, the Disciplinary Boardconducted an education seminar and convo-cation for all hearing committee members inHershey. One hundred five committee and boardmembers participated. The board con-ductsthese seminars every two years to updatehearing committee members on changes in therules and case law in Pennsylvania.

Year 2000 (Y2K) Compliance

All of the Disciplinary Board's computersystems are Year 2000 compliant or werescheduled for replacements during the firstquarter of 1999. By December 31, 1998, theboard had successfully converted the date fieldsin the main computer database, which contains

the attorney registration, docketing/case track-ing, accounting and payroll applications pro-cessed in the Office of the Secretary located inLemoyne. Date-sensitive software has beentested and is able to accurately process date/time data (including, but not limited to, cal-culating, comparing and sequencing) from, intoand between the twenty-first century and theyears 1999 and 2000. Additionally, the leapyear concerns of 2000 have been met. Theboard plans to prepare a Y2K statement to makeavailable to those who request it.

Contact Person

Anyone having questions about theDisciplinary Board may contact Elaine M. Bixler,Secretary to the Board, at (717) 731-7073 orwrite in care of the board to First Floor; TwoLemoyne Drive; Lemoyne, PA 17043.

Disciplinary Board Actions: 1973-1992

Disciplinary 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992Cases

InformalAdmonition 37 55 95 81 96 102 121 98 113 156 137 125 123 101 110 106 123 98 115 82

PrivateReprimand 0 7 8 9 7 14 5 5 4 6 9 21 19 27 17 25 31 26 46 42

Probation 0 0 0 0 2 1 0 0 0 0 0 0 0 0 0 0 0 1 1 7

PublicCensure 0 2 5 8 10 7 6 1 1 2 6 1 3 2 3 0 2 1 4 1

Suspension 3 12 12 8 10 13 17 8 17 12 7 7 16 5 10 17 17 18 10 20

Disbarment 3 4 6 5 13 6 12 12 21 33 24 21 16 29 23 32 18 26 27 38

TOTAL 43 80 126 111 138 143 161 124 156 209 183 175 177 164 163 180 191 170 203 190

ReinstatementCasesPetitionsGranted 1 2 2 3 3 4 2 6 42 21 22 25 21 17 24 34 27 34 35 27

PetitionsDenied 1 2 2 0 0 3 1 5 4 0 0 2 0 2 1 1 0 1 0 1

TOTAL 2 4 4 3 3 7 3 11 46 21 22 27 21 19 25 36 27 35 35 28

Disciplinary Board Actions: 1993-98

Disciplinary 1993 1994 1995 1996 1997 1998 TotalCases

InformalAdmonition 85 75 74 70 106 88 2,572

PrivateReprimand 30 41 48 31 46 43 557

Probation 5 5 7 3 8 5 45

PublicCensure 0 1 6 3 3 7 85

Suspension 12 23 26 37 33 24* 394

Disbarment 20 32 35 41 40 33+ 570

TOTAL 152 177 196 185 236 200 4,223

ReinstatementCasesPetitionsGranted 29 24 44 31 35 33# 548

PetitionsDenied 1 0 1 0 2 1 31

TOTAL 30 24 45 31 37 34 579

* This figure does not include 17 temporary suspensions (Rule 214 Pa.R.D.E.) and one emergency temporary suspension (Rule 208(f) Pa.R.D.E.).+ This figure includes 30 disbarments on consent (Rule 215 Pa.R.D.E.).# This figure includes reinstatement to active status of 19 attorneys who had been inactive three or more years and who had never been suspended or disbarred.

73


Disciplinary Board Actions Comparison1973-1988

60.9%13.2%

1.1%2.0%

9.3%

13.5%

1998

44.0%

21.5%

2.5%3.5%

12.0%

16.5%

Informal Admonition Private Preprimand Probation

Public Censure Suspension Disbarment

Table 3.8.3

75

1998 Membership:

Honorable Max Baer, ChairmanMark M. DaltonGary G. Gentile, Esq.Howard M. Goldsmith, Esq.John C. Howett, Jr., Esq.Honorable Paul P. PanepintoDavid S. Rasner, Esq.Leslie Silverman Tabas, Esq.Honorable Jeannine TurgeonJoanne Ross Wilder, Esq.

Staff:

Sophia P. Paul, Esq., Counsel


Pa. Constitution, Article V, ' 10(c)42 Pa. C.S., ' 1722(a)

Domestic

Relations

Procedural

Rules

Committee

5035 Ritter Road, Suite 700Mechanicsburg, PA 17055(717) 795-2037fax (717) 795-2116e-mail patricia.miles@

supreme.court.state.pa.us

76

E

DOMESTIC RELATIONS PROCEDURAL RULES COMMITTEE

History/Background

stablished by order of the Supreme Court onJune 30, 1987, the Domestic Relations ProceduralRules Committee strives to simplify domesticrelations practice by recommending new rules oramendments to the existing procedural rulesrelating to support, custody, divorce andprotection from abuse. It reviews new legislationand court decisions to ensure that the rulesconform with developments in the law as well asthe realities of domestic relations practice. It isthe goal of the committee to promote statewideuniformity of practice, to streamline procedureand to encourage the expeditious disposition offamily law matters.

The Domestic Relations Procedural RulesCommittee currently has as members threejudges, six attorneys and one district courtadministrator. Members are appointed by theSupreme Court to three-year terms.

1998 Activities

The committee met five times in 1998 asfollows:

January PittsburghMarch HarrisburgMay Bucks CountySeptember AllentownNovember Pittsburgh

Invited guests to meetings included representa-tives of the Department of Public Welfare and theDomestic Relations Association of Pennsyl-vania,judges and family law practitioners.

In 1998 the committee continued itsrevision of the support guidelines. After theoriginal recommendation was published,numerous comments were received and consid-ered by the committee. A revised version of therecommendation was subsequently adopted bythe Supreme Court, to become effective April 1,1999.

The committee also continued to refineproposed new rules to govern the court-relatedmediation programs authorized by the legis-lature in 1996 with the amendments to theDivorce Code, codified at 23 Pa.C.S. §§3901-3904. The goal of the proposed mediation rulesis to ensure the quality of the programs, in-cluding the requirement of certain qualificationsfor mediators.

On December 16, 1997, Governor Ridgesigned into law Act 1997-58. That statute pro-vided the authority for expedited enforcement ofchild support orders. The committee thus beganthe process of developing procedures forimplementation of Act 58.

Committee staff spoke at conferences andseminars to inform lawyers, court personnel andothers of recent and proposed changes in theprocedural rules related to family law matters. Staff also attended meetings of the PennsylvaniaBar Association Family Law Section and theDomestic Relations Association of Pennsylvania. The committee strives to maintain openchannels of communication with those who workwith or are affected by the rules it proposes,including judges, lawyers, court administrators,domestic relations section personnel, theDepartment of Public Welfare and the public.

1998 Recommendations

The following recommendations werepending either with the Court or the committeein 1998. Numbers are assigned in the order inwhich each is submitted for publication. A chartlisting the statuses of the recommendations is setforth in [GLE1]Table 3.8.1 on page 77.

Recommendation 45: Amends Pa.R.C.P 1901 etseq. relating to protection from abuse actions,standardizing court pleadings, orders and otherforms. Approved by the Court; effective 7-1-98.

77


Recommendation 46: Amends Pa.R.C.P. 1910.2relating to venue in support actions. Approvedby the Court; effective 1-1-99.

Recommendation 47: Proposes new rules atPa.R.C.P. 1940.1 through 1940.8 governingcourt-related mediation programs. Pendingwith the Court.

Recommendation 48: Amends Pa.R.C.P.1910.16-1 through 1910.16-5 and adds newRules 1910.16-6 and 1910.16-7 relating to thesupport guidelines. Approved by the Court;effective 4-1-99.

Plans for 1999

The committee will continue its ongoing reviewof the support guidelines, as required by 23Pa.C.S. §4322 and as may be necessary andappropriate after the effective date of Recom-mendation 48. In addition, the committee willcomplete its proposal to establish proceduresimplementing Act 58.

In the meantime, committee staff willcontinue to monitor the activities of the AdvisoryCommittee on Domestic Relations Law of theJoint State Government Commission. It is antici-pated that the Advisory Committee willrecommend to the legislature numerous changesto statutory law dealing with divorce, equitabledistribution, alimony, custody and related issues. In the event such legislation is enacted, thecommittee will address the need forimplementing procedural rules.

Contact Person

Questions about the committee and itswork may be directed to Patricia A. Miles, Esq.;Domestic Relations Procedural Rules Committee;5035 Ritter Road, Suite 700; Mechanicsburg, PA17055; telephone (717) 795-2037; fax (717)795-2116; e-mail [email protected].

Table 3.9.1

Status of Recommendations 1998

Recommendation

45

46

47

48

Subject

Revised protection from abuse

Revised venue in support actions

Mediation programs

Revised support guidelines

Status

Approved by the Court; effective7-1-98

Approved by the court; effective 1-1-99

Pending with the Court

Approved by the court; effective4-1-99

79

1998 Membership:

Gerald A. McHugh, Jr., Esq., ChairmanRobert C. BurdHarold I. Goodman, Esq.David E. Lehman, Esq.Sallie Updike Mundy, Esq.Carl Oxholm, III, Esq.Eric W. Springer, Esq.Thomas M. Thompson, Esq.Ernestine Watlington

Staff:

Alfred J. Azen, Executive Director


Supreme Court Order No. 252 (Disciplinary Docket No. 3, July 17,1996)

Rule 1.15, Pennsylvania Rules of Professional Conduct

Interest

on

Lawyers

Trust

Account

Board

115 State StreetP.O. Box 1025Harrisburg, PA 17108(717) 238-2001fax (717) 238-2003e-mail [email protected].

netcom.com

80

T

INTEREST ON LAWYERS TRUST ACCOUNT BOARD

History/Background

he Interest on Lawyers Trust Account(IOLTA) program was first established in 1988 asa voluntary means to raise money to provide civillegal services to the poor and disad-vantaged ofPennsylvania. With the issue of Supreme CourtOrder 252, Disciplinary Docket No. 3 on July 17,1996, this program became mandatory.

The program works as follows: clientsoften ask attorneys to hold particular sums ofmoney for them. When this involves a largeamount of money or a lengthy period of time,attorneys invest the money for their clients.When the amount is small or will be held for arelatively short period of time, however, invest-ing is not practical. It is these funds which theIOLTA program targets.

These small or short-term funds aredeposited into special, interest-bearing IOLTAaccounts at financial institutions which havebeen approved by the Supreme Court. On aquarterly basis, the financial institutions transferthe interest from these accounts to the Pennsyl-vania Interest on Lawyers Trust Account Board,which administers the program. The board, up-on approval from the Supreme Court, distributesthe funds to non-profit organizations, law school-administered clinics and administration of justiceprojects that provide civil legal services free ofcharge to the poor and disadvantaged.

Attorneys may apply for exemption fromIOLTA requirements. This is usually grantedwhen attorneys infrequently handle fiduciaryfunds or when the service charges on an IOLTAaccount routinely and significantly exceed theinterest that might be generated by the account.Currently, the IOLTA Board has established thataccounts with an average daily balance of$3,500 or less over a twelve-month period(higher for accounts at banks that assess higherservice charges) will be exempted from therequirements. Other exemption requests areconsidered on a case by case basis.

Revenues gained by the IOLTA programare affected by several factors, including interestrates, bank service charges, attorney complianceand the economy in general. Statistics for 1997(the most recent year for which statistics areavailable), however, show that the fund hasreached annual revenues of approximately $6.2million. This is nearly triple the amount from thestart of IOLTA in September 1996.

The IOLTA Board

The IOLTA Board is comprised of ninemembers appointed by the Supreme Court.Appointments are made based upon recommen-dation from the Pennsylvania Bar Association,which provides the Court with three nomineesfor each vacancy. The chairman of the board isappointed by the Supreme Court. Members serveterms of three years and may serve maxi-mumsof two consecutive terms.

IOLTA Constitutionality

On June 15, 1998, the U.S. Supreme Courtannounced a decision in a case involving theTexas IOLTA program, Phillips et al. v.Washington Legal Foundation et al. Chief JusticeWilliam H. Rehnquist authored the 5-4 majorityopinion, in which Justices Sandra Day O'Connor,Antonin S. Scalia, Anthony M. Ken-nedy andClarence Thomas joined, concluding that Texaslaw observes the “interest follows principal”doctrine and that interest income earned onclient funds held in Texas IOLTA accounts is theprivate property of the clients.

In dissent, which was joined by JusticesJohn Paul Stevens, Ruth Bader Ginsburg, andStephen G. Breyer, Justice Souter observed thateven if the Court were to find a taking, it wouldbe difficult to imagine that any “just compensa-tion” would be due. During the oral argument,even Justice O'Connor opined that “... it mightturn out at the end of the day there's no taking.No damages, no loss, no taking.”

81


The Supreme Court did not eliminate orenjoin the Texas IOLTA program. Instead, it sentthe case back to the lower court to decidewhether the State of Texas had “taken” theclients' private property in violation of the FifthAmendment, and if so, whether compensationmust be paid for it. It may take years for thecourts to reach a final decision on these twoissues. In the meantime, the IOLTA programs inevery state and the District of Columbia remain ineffect.

The Pennsylvania IOLTA Board believesthat the property laws of Texas and Pennsyl-vania are materially quite different, and that, ifpresented with the issue, the PennsylvaniaSupreme Court would hold that clients do notsustain any economic loss as a result of IOLTA.Moreover, the history of Pennsylvania's IOLTAprogram -- enacted by the General Assemblyafter debating whether any “property” would be“taken,” approved by the governor and adoptedby the Supreme Court -- further separates thisprogram from the reach of any decision thatmight eventually be rendered regarding theIOLTA program in Texas.

To date, no court (including the SupremeCourt) has found that IOLTA is unconstitutional. Infact, two circuits have upheld the constitu-tionality of IOLTA programs against a widevariety of challenges. As a result, the IOLTAprogram in Pennsylvania continues to function asusual.

Attorney Compliance

To assure attorney compliance with theIOLTA program requirements, attorneys mustreport their fiduciary accounts on the attorney feeform, which is filed annually with theDisciplinary Board of the Supreme Court. Follow-up with attorneys is made if the data on the formdoes not match the IOLTA Board's records.

Rules & Regulations for IOLTA

To assist attorneys and others in learn-ing the requirements under the IOLTA program,the IOLTA Board has published implementingregulations at Title 204 Pa. Code, Chapter 81. Inaddition, a booklet entitled Rules & Regulationsfor IOLTA has been distributed to bar associ-ations, bar leaders, and attorneys requestinginformation on IOLTA requirements. It is alsomailed twice yearly to newly licensed Pennsyl-vania attorneys.

Banks

The banking industry is an integral partof the IOLTA program. Recognizing this, theleadership of the PBA sought input from theleadership of the Pennsylvania Banker's Associ-ation in formulating its initial list of nominees ofpotential IOLTA Board members for submission tothe Court. The Court appointed one of thesesuggested nominees, Robert Burd of Selinsgrove,to serve on the board.

Participation by financial institutions inthe IOLTA program is voluntary. Since attorneysmust have IOLTA accounts if they handle quali-fied funds, however, banks that do not offerIOLTA accounts risk losing their attorneycustomers.

To ease the administrative burden thatcomes with offering IOLTA accounts, the IOLTABoard initiated an automated clearinghouse(ACH) service for smaller banks. This service isavailable, at no cost, to financial institutions thatdo not assess IOLTA service charges and thathave 50 or fewer IOLTA accounts. Under theACH service, the IOLTA Board's staff, through theuse of the Federal Reserve's ACH system, initiatesthe transfer of IOLTA interest from individualattorney/law firm IOLTA accounts to the IOLTABoard's account.

82


The top five banks, ranked by net interestremitted to the board, for calendar year 1997were:

- PNC Bank, N.A.- CoreStates Bank, N.A.- National City Bank of Pennsylvania- First Union National Bank- Mellon Bank, N.A.

A list of all IOLTA participating financialinstitutions can be found in the IOLTA Board's1998 annual report.

IOLTA Grants

Under Rule 1.15 of the Rules of Profes-sional Conduct, IOLTA program funds may beused for the following purposes:

- providing civil legal assistance to the poor anddisadvantaged in Pennsylvania

- educational legal clinical programs andinternships administered by law schoolslocated in Pennsylvania

- administration and development of the IOLTAprogram in Pennsylvania

- the administration of justice in Pennsylvania.

This includes the full range of legalservices needed for the representation of a client,including brief service, litigation or repre-sentation of a class of similarly situated eligibleclients, and other advocacy.

The board also seeks to assure thegeographical dispersion of IOLTA grant awards tolegal services organizations and encourages lawschools to reach beyond the physical locations ofthe schools when providing extern-shipopportunities for their law students.

Board policy states that IOLTA funds maynot be used to provide legal assistance for any ofthe following purposes:

- fee-generating cases

- the defense of any criminal prosecution

- civil actions brought against an official of thecourt or against a law enforcement official forthe purpose of challenging the validity of acriminal conviction

- advancement of any political party or associ-ation or candidate for any public office or tosupport or oppose any ballot question

- support of activities intended to influence theissuance, amendment or revocation of anyexecutive or administrative order or regula-tion or to influence the introduction, amend-ment, passage or defeat of any legislation

- seeking the freedom to choose abortion or theprohibition of abortion.

Upon careful consideration, the board,with Supreme Court approval, has decided on thefollowing priorities for distribution of funds:

- Before any allocation of funds is made,$300,000 will be deducted annually foradministrative expenses associated withoperation of the program.

- After this initial deduction, $5 million will bedistributed as follows:

- 85% to legal services programs- 15% to qualified law school clinical and

internship programs.

- Income between $5.3 million and $7.3 millionwill be allocated in the following manner:

- 50% to legal services programs- 50% to law school clinical and internship

programs.

- Any income over $7.3 million will bedistributed to legal services programs andadministration of justice programs.

83


Grant Process

In December of each year, the IOLTABoard projects its expected annual revenues forthe upcoming fiscal year grant cycle (July 1 -June 30). Variations from projections aregenerally taken into consideration in subse-quent grant cycles, although the board reservesthe right to adjust current grants if actual IOLTArevenues are significantly below projections. Inmid-January the board announces the avail-ability of funds.

Grant applications must be made to theboard by early February. The board will thenreview all requests and submit its recommen-dations to the Supreme Court in late May. Uponapproval by the Court, grant applicants arenotified and grant agreements executed with thesuccessful organizations and law schools.

Applicant Qualifications

The IOLTA Board has determined thefollowing qualifications for prospective appli-cants to be considered for an IOLTA grant:

Legal Services Organizations

Organizations must:

- be not-for-profit Pennsylvania corporations

- be tax exempt under section 501(c)(3) of theInternal Revenue Code

- operate primarily within Pennsylvania

- have as their primary purpose the provision ofcivil legal services without charge.

Organizations may provide pro bono le-galservices directly and/or administer provision ofservices.

Law Schools

Law schools must meet the followingrequirements:

- the funds must be used to address the currentcivil legal needs of the poor, organizationsassisting the poor or other charitableorganizations

- the schools must consult with local area probono or legal services programs that providefree or low-fee legal services to the poor

- the funds must be used for live-client or otherreal-life practice experience

- the school must demonstrate its own fundingparticipation for clinical and internshipprograms.

Other factors considered by the board whenreviewing law school applications includewhether:

- the clinical/internship program is for credit

- specific and measurable training goals andobjectives are defined

- the IOLTA-funded program is integrated withthe school=s curriculum

- the school=s standing faculty has made anarticulated commitment to the IOLTA-fundedprogram

- the school has an articulated pro bono orpublic service policy

- the funds are being used to expand clinicaleducational opportunities for students and notsimply to replace existing financialcommitments by the law schools.

84


Administration of Justice

The board has not yet defined this grantcategory.

Contact Person

Anyone with questions regarding theIOLTA program or who wishes to learn more

about it may contact Executive Director Alfred J.Azen at 717-238-2001 or at PennsylvaniaInterest on Lawyers Trust Account Board; 115State Street; P.O. Box 1025; Harrisburg, PA17108-1025.

91

1999 Membership:

Honorable Fred A. Pierantoni, III, ChairmanHonorable Dennis R. JoyceHonorable Alberta ThompsonHonorable Linda BaumunkHonorable Kenneth E. DeatelhauserHonorable Christine Sereni-MassingerHonorable Peter P. SimoniMichael F. Krimmel, ex officio

Staff:

David S. Price, Esq., Liaison, Statewide Automation Project


Pa. Constitution, Article V, � 10(c)Supreme Court Order No. 92 (Magisterial Docket No. 1, Book No. 2) April

17, 1990

Minor

Court

Rules

Committee

District Court 11-1-0435 Broad StreetPittston, PA 18640(570) 655-0552

92

I

MINOR COURT RULES COMMITTEE

History/Background

n 1990, pursuant to Pennsylvania SupremeCourt Order No. 92 (Magisterial Docket No. 1,Book No. 2), issued April 17, 1990, the MinorCourt Civil Procedural Rules Committee wasreestablished as the Minor Court Rules Commit-tee. The committee was charged by the Su-preme Court with examining and evaluating therules and standards regarding district justices’conduct, the rules and standards pertaining tothe offices of district justices, and the rules ofcivil and criminal procedures for district justices.

The committee is comprised of sevenmembers who serve terms of three years. Mem-bers may serve a maximum of three full terms.

1999 Activities

Throughout 1999 the committee consid-ered many requests for rules changes. Inresponse to these requests, the committee hastaken the following actions:

- The committee published for comment aproposal to amend the Rules Governing theEmergency Relief Under the Protection fromAbuse Act (Rules 1201 through 1211).These proposed changes provide for bothsubstantive changes and clarifications andrelated “housekeeping” amendments to bringthe rules into conformity with the Protectionfrom Abuse Act and the Rules of CivilProcedure.

- The committee published for comment aproposal to amend Rules 307, 403, 405, 506,508, and 516, which would allow a districtjustice to use any certified constable in theCommonwealth to perform service of com-plaints, orders, notices, etc., in counties withno certified constables and the sheriff isunwillingly to perform service.

- The committee published for comment a pro-posal to amend Rule 1002 so that the phrase“date of judgment” would be replaced with“date of entry of the judgment” to eliminateany confusion regarding the intent of therule.

- Upon request by the Civil Procedural RulesCommittee the committee reviewed/com-mented on the civil rules committee’s pro-posal to amend the procedure for an appealfrom a district justice judgment.

- Upon request by the Criminal ProceduralRules Committee the committee reviewed/commented on video preliminary arraign-ments being conducted by Advanced Com-munication Technology.

The Court adopted the committee’s pro-posal to amend Rule 317 (Subpoena of Wit-nesses), which provides for Subpoenas DucesTecum; amend Rule 313 (Service Outside theCommonwealth), which provides what form ofservice is required when service of a complaintis attempted by certified or registered mail butreturned marked “unclaimed”; and to adopt Rule113 (Use of Facsimile Signature).


The committee will review any com-ments it receives regarding the proposals that itpublished. It also expects to forward those pro-posals to the Court for consideration. The com-mittee has begun to consider whether ajudgment creditor at the request of the judgmentdebtor should be allowed and/or required to filea Notice of Satisfaction of Judgment with adistrict justice. Lastly, the committee has begunits search to hire a full time chief staff counsel,which the committee hopes to have in place inearly 2000.

93


Contact Person

Anyone wishing to contact the MinorCourt Rules Committee may call the chairman,District Justice Fred A. Pierantoni, III, at(570) 655-0552 or write to him at DistrictCourt 11-1-04; 35 Broad Street; Pittston, PA18640.

87

1998 Membership:

Honorable Sherwood R. Grigg, ChairmanHarvey Freedenberg, Esq., Vice ChairmanTerry R. Marolt, SecretaryHonorable James J. Dwyer, III, TreasurerGregory E. Dunlap, Esq.Michael Cibik, Esq.Honorable Daniel B. Garber

Staff:

Robert E. Hessler, Executive Director


Pa. Constitution, Article V, ' 1242 Pa. C.S., ' 3142 Pa. C.S., ' 213142 Pa. C.S., ' 3118

Minor

Judiciary

Education

Board

1001 Philadelphia AvenueChambersburg, PA 17201(717) 263-0691fax (717) 263-4068

88

A

MINOR JUDICIARY EDUCATION BOARD

History/Background

rticle V, '12 of the Pennsylvania Constitu-tion requires that district justices and judges ofthe Philadelphia Traffic Court either be membersof the bar of the Supreme Court or, before takingoffice, complete a course and pass an exami-nation in the duties of their respective offices.

It is the responsibility of the MinorJudiciary Education Board (MJEB) to instruct andcertify individuals wishing to become districtjustices, Philadelphia Traffic Court judges orPhiladelphia Bail Commissioners. The boardapproves the curriculum, appoints and evaluatesinstructors, establishes course content, reviewsall tests, and issues certificates to successfulprogram participants.

In addition, the board conducts contin-uing education for district justices, senior districtjustices, Philadelphia Traffic Court judges, seniorPhiladelphia Traffic Court judges, PhiladelphiaBail Commissioners and for those individualswho wish to maintain a current certification inone or more of these areas. It also conducts aone-week practicum, or orientation course, fornewly elected or appointed district justices.

The board has seven members who areappointed by the governor with a two-thirdsapproval by the Senate.

1998 Curriculum

During this past year approved subjectsfor the four-week certifying course included:

- Criminal Law and Procedure- Civil Law and Procedure- Rules of Evidence- judicial ethics- Motor Vehicle Law- arrest/search and seizure- Pennsylvania Drug/Device and Cosmetics Act- Pennsylvania Crimes Code

Continuing education for the Common-wealth's district justices and Philadelphia BailCommissioners is mandated by the Judicial Code(42 Pa. C.S., ' 3118). This year during the 14scheduled weeks the following courses made upthe 32 required course hours for district justices:

- review and update of civil and criminalprocedure

- Motor Vehicle Code- managing the angry public and employees- judicial ethics

The one-week mandatory continuingeducation course for Philadelphia Bail Com-missioners included:

- human behavior (pre-judgement)- criminal law review- arrest, search and seizure- judicial ethics

The orientation course for new districtjustices included:

- human behavior (two days)- district justice practice- Alliance for the Mentally Ill- Pennsylvania game law- Pennsylvania Coalition against Rape

The Minor Judiciary Education Boardapproved a continuing education program forPhiladelphia Traffic Court judges in compliancewith Rule 22. That program included:

- procedural rules review- evidence- judicial ethics- Pennsylvania Motor Vehicle Code review and

update

The Minor Judiciary Education Boardprovided continuing education to 638 indi-viduals; certification classes to 56 prospectivedistrict justices, three prospective PhiladelphiaTraffic Court judges and one prospective Phila-delphia Bail Commissioner; one certification

89

OFFICE OF PENNSYLVANIA COURTS

update candidate; and continuing legal educa-tion credits to 70 attorney district justices.

Other Activities

In addition to conducting educationalcourses at its facility in Chambersburg, the MinorJudiciary Education Board provided staffassistance to the minor judiciary, court admini-strators, president judges and related court

agencies in answering questions pertaining tothe board, the minor courts system and theboard=s courses of instruction

Contact Person

Robert E. Hessler serves as ExecutiveDirector of the MJEB and may be contacted at(717) 263-0691.

91

1998 Membership:

Honorable Robert A. Kelly, ChairHonorable Jane Cutler Greenspan, Chair**Honorable I. Martin Wekselman*Honorable Kathryn Streeter Lewis*Honorable John M. ClelandHenry G. Beamer, III, Esq.Samuel Y. Stroh, Esq.Honorable Judith Jamison*Mark S. Blaskey, Esq.Lawrence Barth, Esq.

Staff:

Dean R. Phillips, Esq., CounselTricia W. Nagel

* Resigned early 1998** Appointed chair effective 1-4-99



Orphans'

Court

Procedural

Rules

Committee

1206 Criminal Justice Center1301 Filbert StreetPhiladelphia, PA 19107Telephone: (215) 683-7035Fax: (215) 683-7037

92

T

ORPHANS= COURT RULES COMMITTEE

History/Background

he Orphans' Court Rules Committee wasestablished under Article V, ' 10(c) of the 1968Pennsylvania Constitution and 42 Pa. C.S., '1772. It responds to developments in orphans'court procedure and reviews current rulesgoverning statewide practice and procedure inthe orphans' court, recommending new rules asnecessary. The committee also responds toquestions and comments received from the Judi-ciary, lawyers, the public and various agencies.

1998 Activities

The committee met twice in 1998, in Julyand December.

The committee continued its review andpreparation with the Appellate Court ProceduralRules Committee of a joint recommendationrevising Rules 7.1 and 7.2 (pertaining to“exceptions” practice) and Pa.R.A.P. 341 (FinalOrders). It had previously submitted to theSupreme Court amendments Rule 5.6 (Notice toBeneficiaries and Intestate Heirs) and pro-posed Rule 5.7 (Form of Notice and Certifica-tion) and Rule 14 (Incapacitated Persons). TheSupreme Court adopted the committee's amend-ments to Rule 5.6, 5.7 and 14.1 through 14.4 byorder dated December 23, 1998, which becameeffective January 1, 1999.

1999 Plans

In 1999 the committee plans to reviewuniform probate forms. It will also review existingrules and statutes governing adoption,

guardianship, standby guardianship and termi-nation of parental rights to determine if theexisting rules are sufficient to assure judicious,orderly and swift determination of such matters.Notarization of disclaimers will also beaddressed.

The committee looks forward to final-izing its joint recommendation with the AppellateCourt Procedural Rules Committee governingfinality and appealability of orphans' court orders.It also intends to review several questions arisingfrom the recent amendments to Rule 5.6 (Noticeto Beneficiaries and Intestate Heirs).

Contact Persons

Questions about the committee and itswork may be directed to either of the followingindividuals:

Honorable Jane Cutler Greenspan, ChairCourt of Common Pleas of Philadelphia County1206 Criminal Justice Center1301 Filbert StreetPhiladelphia, PA 19107Telephone: (215) 683-7035Fax: (215) 683-7037

Dean R. Phillips, Esq., CounselP.O. Box 447Ridley Park, Pennsylvania 19078telephone: (610) 534-3450fax: (610) 534-3453.

93

1998 Membership:

Carl E. Esser, Esq., ChairmanRobert L. Capoferri, Vice ChairmanGeorge J. Amonitti, M.D.Paul S. Diamond, Esq.Stuart D. Fiel, Esq.William V. Lamb, Esq.Evans Rose, Jr., Esq.Bernard W. Smalley, Sr.Richard A. Zappala, Esq.

Staff:

Arthur R. Littleton, Esq., General CounselKathryn J. Peifer, Executive DirectorSusan L. Erdman, Administrative Assistant


Pa. Constitution, Article V, ' 12Pennsylvania Rules of Disciplinary Enforcement, '501 et seq.

Pennsylvania

Lawyers

Fund

for

Client

Security

5035 Ritter Road, Suite 900Mechanicsburg, PA 17055(717) 691-7503(800) 962-4618fax (717) 691-9005

94

OClaims No. Amount

1998-99Awarded 142 $1,829,267Rejected 71 2,197,1 07Discontinued 21 200,615Total 234 $4,226,989

Pending 157

PENNSYLVANIA LAWYERS FUND FOR CLIENT SECURITY

History/Background

riginally known as the Pennsylvania ClientSecurity Fund, the Pennsylvania Lawyers Fundfor Client Security was established by thePennsylvania Supreme Court on April 30, 1982,as a means of helping clients recover some or alllosses of money and/or property stolen fromthem by their attorneys. It is funded by a specialannual assessment paid by any attorneyadmitted to practice law in Pennsylvania. Clientsmay receive up to $50,000 for any claim.

The fund is supervised by the Penn-sylvania Lawyers Fund for Client Security Board.This board includes five members of the bar ofthe Supreme Court and two non-lawyer publicmembers. Each member's term is three years inlength and a member may serve a maximum oftwo consecutive terms. Approximately one-thirdof the terms expire each year.

1998 Claims Statistics

Statistics for the 1998-99 fiscal year canbe found in Table 3.14.1.

The fund received 189 claims alleging aloss of $3,486,517 during FY 1998-99. Chart3.14.2 on page 96 is a breakdown of amountsclaimed by category. Chart 3.14.3 on page 97gives comparisons of claims awarded versusclaims rejected, both in terms of numbers anddollar amounts. Chart 3.14.4 on page 98 is acomparison of claims awarded, rejected and dis-continued, both cumulatively and in 1998-99.

Claims Categories

Fiduciary funds - Theft of estate funds andtrust/escrow funds consistently tops the list ofclaims filed against attorneys. Combined, thesetwo types of theft during FY 1998-99 cost thefund $1,188,511, or 64.97%, of its total awarddollars.

Table 3.14.1

Lawsuit Settlement Proceeds - Claims of mis-appropriation of settlement proceeds often occurwhen an attorney settles a lawsuit without theknowledge or consent of the client. The attor-ney receives the funds and fails to remit them tothe client. Also included in this category areclaims involving attorneys who withhold fundsfrom settlement proceeds to pay clients' medicalproviders and fail to make the payment/s.Payment of $265,838 to 22 claimants fitting thiscategory were made in 1998-99, 14.53% of thetotal dollars awarded.

Fraud and deceit - The conversion of fundsthrough fraudulent representations or activitiesby the attorney represented the third highestpayment category in 1998-99 with awards toeight claimants totaling $216,172, or 11.82% ofthe total dollars awarded.

Claims involving fraud and deceit oftenoccur where an attorney induces a client topermit him/her to hold the client's monies for acertain period of time with the promise of inter-im interest payments and/or immediate access tothe monies. Interest payments are then eithernot made and/or access is not provided whenrequested, or an attorney abuses the trust placedin him/her by obtaining a loan from a client, notrepaying it and never intending to repay it.

The types of claims which typically fallwithin this category are those where a long-standing attorney/client relationship has exist-ed. They tend to be the most difficult to evalu-ate and are decided on a case-by-case basis.

95


Notwithstanding the award amountsreported, it should be noted that claims are filedagainst less than one percent of all Pennsyl-vania licensed attorneys.

1998 Activities

The board met in Mendenhall, Hershey,Pittsburgh and Scranton in FY 1998-99.

The board continued to make educatingthe legal community about the fund a high pri-ority in 1998-99. This included hosting dinnerson the eves of board meetings for the judiciary,bar leaders and prominent local citizens from inand around the counties in which the boardmeets.

Restitution and Subrogation Efforts

The fund received $677,371 in subro-gation and restitution payments during FY 1998-1999. Of this amount, $600,000 was received insettlement of the fund's claim against aconstructive trust pursuant to an orphans' courtdecision. This amount represents approximatelyone-half of the awards paid by the fund as aresult of the covered attorney's actions.

Two other claimants in the constructivetrust proceedings who were denied recovery bythe orphans' court appealed to the PennsylvaniaSuperior Court. The Superior Court remanded thematter back to the orphans' court. The fund andother parties to the action have appealed thedecision of the Superior Court to the SupremeCourt of Pennsylvania. If this appeal isunsuccessful, the fund may be required todisgorge a portion of the recovered funds.

Mandatory Overdraft Notification

Pennsylvania Rules of Disciplinary En-forcement 221 requires financial institutions toreport to the fund all checks drawn on attorneyfiduciary accounts which contain insufficient

funds. In 1998-99 the fund received 234 over-draft notices, 212 of which were reviewed anddismissed and 16 of which were referred to theOffice of Disciplinary Counsel (ODC). Six re-mained pending at the end of the fiscal year.

County Bench, Bar Meetings

The board has been holding meetingswith leaders of the county benches and bars inconjunction with the board's quarterly businessmeetings since 1989. These meetings keep thecounty bench and bar leaders informed about thefund's activities, both statewide and regionally,and request the assistance of the bench and barin carrying out the fund's mission.

To date, the fund has met with thefollowing counties:

Allegheny County (1983, 1986-89, 1991,1993-1998)

Cambria County (1998)Centre County (1995)Chester County (1990, 1998)Cumberland County (1998)

Dauphin County (1984-85, 1989, 1991, 1993,1996, 1997, 1999)

Delaware County (1994, 1997)Erie County (1989, 1992, 1994)Fayette County (1992)Lackawanna County (1990, 1999)Lancaster County (1990)Lehigh County (1989)Luzerne County (1996)Monroe County (1992)Northampton County (1994)Philadelphia County (1982-88, 1990-93,

1995-96, 1998)

Lawyers Concerned for Lawyers

With prior approval of the Supreme Court,the Pennsylvania Lawyers Fund for ClientSecurity may provide funding to non-profit

96


organizations that assist Pennsylvania lawyersand judges who are impaired by alcohol or drugs. In accordance with this rule, during FY 1998-99$99,440 of funding was given to the organizationknown as Lawyers Concerned for Lawyers.

National Ranking

The Pennsylvania Lawyers Fund forClient Security continues to rank among the topfour funds in the United States in terms of bothawards made and claims processed, as deter-mined through the most recent American BarAssociation Survey of Client Protection Funds.The funds in California, New York and NewJersey are the other most active organizations.

Pennsylvania attorneys should note theextent of their fund's operations and that itprovides meaningful services to the profession inreturn for that portion of the annual lawyerassessment fee, which each active attorneycontributes to its funding.

Contact Person

The contact person for the fund isexecutive director, Kathryn J. Peifer. She may bereached in care of the fund at 5035 Ritter Road,Suite 900; Mechanicsburg, PA 17055; (800) 962-4618 or (717) 691-7503.

Categories of ClaimsAmounts Awarded - 1998-99

Fiduciary funds64.97%

Fraud/Deceit11.82%

Lawsuit Settlement14.53%

Other8.68%

Table 3.14.2

97


Table 3.14.3

Claim Awards v. Rejections1982-1999

82

82-

93

83-

94

84-

95

85-

96

86

-87

87-

88

88

-89

89

-90

90

-91

91-

92

92-

93

93-

94

94-

95

95-

96

96

-97

97-

98

98

-99

Year

0

2

4

6

8

10

12

14

$ A

mou

nt (M

illion

s)

Awarded Rejected

Claims Awarded v. Rejections1982-1999

82

82-

83

83-

84

84-

85

85-

86

86

-87

87-

88

88

-89

89

-90

90

-91

91-

92

92-

93

93-

94

94-

95

95-

96

96

-97

97-

98

98

-99

Year

0

50

100

150

200

250

Num

ber o

f Aw

ards

/Rej

ecti

ons

Awarded Rejected

98


Comparison of Claim DispositionsCumulative

Awarded33.1%

Rejected61.0%

Discontinued6.0%

1998-99

Awarded43.3%

Rejected52.0%

Discontinued4.7%

Table 3.14.4

99

Funding for the Unified Judicial System derives from both stateand county appropriations. The state pays the salaries for alljudicial officers as well as the personnel and operating costs of theentire appellate court system, including the committees and boardsof the Supreme Court and the Administrative Office of PennsylvaniaCourts. Table 4.1 on page 101 provides a break-down of thesestate-funded expenditures for fiscal year 1998-1999.

Of the total state government expenditures for fiscal year1998-99, administrative costs for the judiciary accounted forslightly more than one-half of one percent. Table 4.2 on page 103shows the distribution of expenditures across the three branchesof government.

County Reimbursement Program

The Commonwealth also provides reimbursement to thecounties for costs incurred in support of the Common Pleas Courts.Counties are reimbursed for a percentage of juror costs incurredwhen a trial or grand jury proceeding lasts longer than three days.

In addition, counties have traditionally been reimbursed forpersonnel and operating costs associated with the adminis-trationof both district justice offices and the Courts of Common Pleas. Reimbursement is based on a flat rate established by the GeneralAssembly for each authorized district justice or Common Pleasjudge position.

For each Common Pleas judge position, the General As-sembly also requires that counties spend an amount at least equalto the flat rate per judge, which was $70,000 for FY 1998-99.

Court

Finances -

Fiscal

Year

1998-1999

100

COURT FINANCES

No funding was provided for the districtjustice reimbursement grant in FY 1998-99. Thegrant was last funded in FY 1991-92 when itreceived partial funding. It was last fully fundedin FY 1990-91.

Table 4.3 on page 104 identifies theamounts of reimbursement provided to eachcounty, by grant program, for fiscal year1998-99.

One exception to the current fundingpattern is the Pittsburgh Magistrates Court,where all costs are borne by the City ofPittsburgh. In fiscal year 1995-96, however, theCommonwealth for the first time reimbursed thecity for costs related to the Magistrates Court bythe payment of a $1.2 million grant. The grantwas reauthorized in 1998-99 in the amount of$1.2 million.

Local, State Government Revenue

The Unified Judicial System is a source ofconsiderable revenue to local and stategovernment. An example of this revenue can befound in Table 4.4 on page 106, which lists feescollected by the appellate courts, the MinorJudiciary Education Board and the PennsylvaniaBoard of Law Examiners. Appropriated by theGeneral Assembly, these fees are used to supportstate-funded court operations.

Although exact figures are not available,the court system raises millions of dollars inrevenue for local municipalities. Depending onthe police department (local or state) from

which a citation is issued, a portion of finescollected is disbursed to local political sub-divisions after adjudication within the UnifiedJudicial System. Some examples of these finesinclude traffic violations under the vehicle code,violations of local ordinances and certainviolations of summary offenses.

Counties also receive court-collectedfines, fees and costs. Fees are generated inconnection with the commencement of actions orthe filing of liens, appeals and accounts, etc. Onan annual basis, the collections amount to tens ofmillions of dollars. The monies are collected bycourts at all levels of the system.

Finally, a portion of the revenuescollected by the courts is earmarked for the state. Some of these funds are program specific, e.g.,Pennsylvania's Emergency Medical Fund and theCrime Victims' Compensation Board. Others areused, through Act 64 of 1987 and Act 59 of1990, to provide funding for the statewideJudicial Computer System. Still other moniescollected, such as motor vehicle fines, revert tothe state general fund.

As part of the reform of the judicialdiscipline process the Judicial Conduct Board andthe Court of Judicial Discipline were establishedas independent organizations responsible fortheir own affairs, including financial matters. Pursuant to Act 56 of 1993, however, theirannual budget requests are made as separateline items in the Supreme Court's request to theGeneral Assembly on behalf of the judicialbranch.

101


APPROPRIATIONS

APPROPRIATION 1998-99(thousands)

Supreme Court $9,729Justice Expenses* 180Civil Procedural Rules Committee 337Criminal Procedural Rules Committee 347Domestic Relations Committee 135Judicial Council* 180Juvenile Court Rules Committee 65

Superior Court 20,371Judges' Expenses 237

Commonwealth Court 12,082Judges' Expenses 143Court Security 150

Court Administrator 5,118

Statewide Funding Appropriations:Study Unified Judiciary 1,358Statewide Funding - Court Administrator 2,859County Court Administrators 11, 982Court Management Education 200JCS - Statewide Funding 273

Statewide Judicial Computer System** 12,929Integrated Criminal Justice System (JNET) 1,950

Courts of Common Pleas 53,894Common Pleas Senior Judges 3,450Common Pleas Judicial Education 677Ethics Committee* 54

District Justices* 42,613Retired DJ Health Care 97District Justice Education 520

Philadelphia Traffic Court* 668Philadelphia Municipal Court* 4,399Philadelphia Law Clerks 39Domestic Violence 200Pittsburgh Magistrates Court 1,200

Juror Cost Reimbursement* 1,469County Court Reimbursement 29,071

Table 4.1

102

COURT FINANCES

APPROPRIATIONS, continued


Judicial Conduct Board 891Court of Judicial Discipline 374

TOTAL $220,241

* As authorized by Act 6-A of 1998 funds were transferred from other judiciary appropriations and made available to theStatewide Judicial Computer System as a miscellaneous augmentation for use in FY 1999-2000 in the followingamounts: Supreme Court Justice Expenses - $56,000; Judicial Council - $38,000; Ethics Committee - $30,000;District Justices - $1,009,000; Philadelphia Traffic Court - $67,000; Philadelphia Municipal Court - $253,000 andJuror Cost - $150,000, for a total of $1,603,000. These transfers reduced the funds available to the respectiveappropriations but did not reduce the various appropriated amounts.

** The Statewide Judicial Computer System is funded through a restricted account in accordance with Act 64 of 1987and Act 59 of 1990 and not with state general fund money. This appropriation was supplemented by $1,875,000 inaugmentations which represented funds transferred from various FY 1997-98 judiciary appropriations; $175,000transferred in FY 1998-99 from augmentations of the Board of Law Examiners; $11,498 derived from fees charged tousers for information generated by the District Justice System; and $88,941 derived from augmentations mandatedby Act 119 of 1996 (Jen and Dave=s Law). The total amount available to the Judicial Computer Project in FY 1998-99was $15,079,799.

Table 4.1, cont'd.

103


Pennsylvania Government FY 1998-99General, Special, Federal & Other Funds Expenditures

Executive Branch - 98.82%

Legislative Branch - .57%

Judicial Branch - .52%

County Reimbursement for Courts - .08%

Table 4.2

Totals shown exclude capital budget.

Note: The Governor's budget showed FY 1998-99 funds available to the judiciary as$221,255. Actual total budgeted funds are $223,313. The state totaloperating expenditures shown here was adjusted upward to reflect thisdifference.

Source: FY 1999-2000 Governor's Recommended Budget

104

COURT FINANCES

COUNTY REIMBURSEMENTS FOR COURTSFY 1998-99

COUNTYAdamsAlleghenyArmstrongBeaverBedfordBerksBlairBradfordBucksButlerCambriaCameronCarbonCentreChesterClarionClearfieldClintonColumbiaCrawfordCumberlandDauphinDelawareElkErieFayetteForestFranklinFultonGreeneHuntingdonIndianaJeffersonJuniataLackawannaLancasterLawrenceLebanonLehighLuzerneLycomingMcKeanMercerMifflinMonroeMontgomery

JURORCOST

$0.00139,017.17

2,281.2210,240.43

0.0014,709.81

7,705.810.00

23,739.439,815.23

0.000.00

1,791.891,432.02

14,968.563,299.723,249.03

279.17473.86

11,850.587,179.19

52,267.3426,647.61

3,733.6913,077.0915,155.72

0.003,338.62

0.008,706.24

297.393,473.29

155.420.00

22,936.1311,053.2015,187.633,202.40

36,194.5824,492.21

5,544.210.00

6,318.33548.69

5,530.1456,437.99

COUNTYCOURT

$140,000.002,870,000.00

140,000.00350,000.00

70,000.00700,000.00280,000.00140,000.00770,000.00

280,000.00350,000.00

9,800.00140,000.00140,000.00

630,000.0070,000.00

140,000.00140,000.00109,200.00140,000.00

350,000.00490,000.001,120,000.00

60,200.00560,000.00350,000.00

7,000.00189,000.00

21,000.0070,000.0070,000.00

140,000.0070,000.0046,200.00

420,000.00630,000.00210,000.00210,000.00

560,000.00560,000.00280,000.00

70,000.00210,000.0070,000.00

280,000.001,120,000.00

TOTAL$140,000.003,009,017.17

142,281.22360,240.43

70,000.00714,709.81

287,705.81140,000.00793,739.43289,815.23

350,000.009,800.00141,791.89

141,432.02644,968.56

73,299.72143,249.03140,279.17109,673.86151,850.58357,179.19

542,267.341,146,647.61

63,933.69573,077.09365,155.72

7,000.00192,388.62

21,000.0078,706.2470,297.39

143,473.2970,155.42

46,200.00442,836.13641,053.20225,187.63213,202.40

596,194.58584,492.21285,544.21

70,000.00216,318.3370,548.69

285,530.141,176,437.99

Table 4.3

105


COUNTY REIMBURSEMENTS FOR COURTS, continuedFY 1998-99

COUNTYMontourNorthamptonNorthumberlandPerryPhiladelphiaPikePotterSchuylkillSnyderSomersetSullivanSusquehannaTiogaUnionVenangoWarrenWashingtonWayneWestmorelandWyomingYorkTransfer to JCS

TOTAL

JURORCOST286.20

4,380.052,787.84

96.59597,520.00

1,050.96224.61

14,147.954,254.634,753.97

0.00447.31

506.43422.16

5,089.54260.26

17,724.722,085.0315,351.54

0.0031,345.15

150,000.00

$1,419,066.18

COUNTYCOURT

30,800.00420,000.00140,000.0093,800.00

9,750,316.0070,000.0070,000.00

350,000.0070,000.00

140,000.0012,600.00

70,000.0070,000.0070,000.0070,000.0063,000.00

350,000.0070,000.00

700,000.0057,400.00

630,000.000.00

$29,070,316.00

TOTAL31,086.20

424,380.05142,787.8493,896.59

10,347,836.0071,050.9670,224.61

364,147.9574,254.63

144,753.9712,600.0070,447.31

70,506.6370,422.1675,089.5463,260.26

367,724.7272,085.03715,351.5457,400.00

661,345.15150,000.00

$30,489,382.18

FUNDING METHODOLOGIES:

Juror Cost - The reimbursement grant funds 80 percent of juror costs (compensation and travel) beyond the third dayof service if the juror is participating in a trial or grand jury proceeding.

County Court - The grant provides reimbursement for costs associated with the administration and operation of theCourts of Common Pleas. For FY 1998-99, the reimbursement was paid at a rate of $70,000 per authorized Common Pleasposition whether filled or vacant. In order for counties to receive the full reimbursement, they must demonstrate a level ofsupport equal to the reimbursement rate per authorized position. This information is obtained from each county's annualaudit and financial report, which is submitted to the Department of Community and Economic Development. Nevertheless,no county will receive less than 75% of the actual reimbursement for court costs provided to them from state fundsappropriated for the fiscal year July 1, 1980, to June 30, 1981.

Table 4.3, cont'd.

106

COURT FINANCES

FEES THAT SUPPORT STATE OPERATIONS


Supreme Court $352PA Board of Law Examiners 1 ,688Judicial Computer System* 100Superior Court 271Commonwealth Court 201District Justice Education 69Court Administrator 3

TOTAL $2,684

*Includes revenues collected under Act 119 of 1996 (Jen and Dave=s Law). These collections provided $88,941 to support the AJen/Dave@ functions during FY 1998-99.

Table 4. 4

109

Supreme Court JusticesComplement 7

Flaherty, John P.Chief Justice

Zappala, Stephen A.Cappy, Ralph J.Castille, Ronald D.Nigro, Russell M.Newman, Sandra SchultzSaylor, Thomas G.

Appellate

Court

JudgesSuperior Court JudgesComplement 15

McEwen, Stephen J., Jr.President Judge

Cavanaugh, James R.Del Sole, Joseph A.Tamilia, Patrick R.**Popovich, ZoranJohnson, Justin M.Kelly, John T. J., Jr.Hudock, Joseph A.Elliott, Kate Ford

* Term expired 1-4-98;reappointed 2-9-98

** Retired 4-20-98+ Appointed 6-3-98

Eakin, J. Michael

Joyce, Michael T.Stevens, Correale F.Musmanno, John L.Melvin, Joan OrieSchiller, Berle M.*Lally-Green, Maureen+

Commonwealth Court JudgesComplement 9

Colins, James GardnerPresident Judge

Doyle, Joseph T.McGinley, Bernard L.Smith, Doris A.Pellegrini, Dante R.

Kelley, James R.Friedman, Rochelle S.Flaherty, James J.Leadbetter,

Bonnie Brigance(As of 7-31-99)

110

Appellate

Court

Senior

Judges

(As of 7-31-99)

Superior CourtSenior Judges

Beck, Phyllis W.Brosky, John G.Cercone, William F.Cirillo, Vincent A.Hester, John P.Hoffman, J. Sydney**Montemuro, Frank, J. Jr.Olszewski, Peter PaulTamilia, Patrick R.*

* Effective 4-23-98** Died 6-22-98

CommonwealthCourt SeniorJudges

Jiuliante, Jessamine S.++Kelton, George T.**Lord, Charles A.#McCloskey, Joseph F.##Morgan, Warren G.+Mirarchi, Charles P., Jr.#Narick, Emil E.*Rodgers, Samuel L.•Ross, Eunice L.*

* Allegheny County seniorCommon Pleas judge assignedto Commonwealth Court

** Bucks County senior CommonPleas judge assigned toCommonwealth Court

+ Dauphin County senior judge;sits on occasion inCommonwealth Court

++ Erie County senior CommonPleas judge assigned toCommonwealth Court

# Philadelphia County seniorCommon Pleas judge assignedto Commonwealth Court

## Schuylkill County seniorCommon Pleas judge assignedto Commonwealth Court

• Washington County seniorCommon Pleas judge assignedto Commonwealth Court

111

ADAMS COUNTY (51)Complement 3

Spicer, Oscar F.Bigham, Robert G.Kuhn, John D.

ALLEGHENY COUNTY (05)Complement 41Vacancy 1

Dauer, Robert E.**Kelly, Robert A.+

Administrative JudgesBaer, Max##Bigley, Gerard M.•Cercone, David S.##McLean, James H.Mulligan, Kathleen R.•Zavarella, Paul R.•

Baldwin, Cynthia A.Cashman, David R.Clark, Kim B.#Colville, Robert E.Craig, Cheryl Allen

Durkin, Kathleen A.Farino, S. LouisFolino, Ronald W.Friedman, Judith L.A.Gallo, Robert C.

Horgos, Robert P.Jaffe, Joseph A.James, Joseph M.Kaplan, Lawrence W.++Little, Walter R.

Lutty, Paul F., Jr.Machen, Donald E.Manning, Jeffrey A.Mazur, Lee J.McDaniel, Donna Jo

McFalls, PatrickMcGowan, Bernard J.McGregor, James R.••

McVerry, Terrence F.*Nauhaus, Lester G.

Novak, Raymond A.O=Brien, W. TerrenceO=Reilly, Timothy P.O=Toole, Lawrence J.Penkower, Alan S.

Ruffner, M. Susan#Scanlon, Eugene F., Jr.*Strassburger, Eugene B., IIIWettick, R. Stanton, Jr.Zottola, John A.

* Confirmed 5-4-98** Resigned 12-23-98+ Elected president judge

effective 12-24-98++ Retired 8-19-98# Confirmed 3-17-99## Administrative judge term

expired 4-16-99• Appointed administrative

judge effective 4-19-99•• Retired 7-11-99

ARMSTRONG COUNTY (33)Complement 2

Nickleach, Joseph A.Valasek, Kenneth G.

BEAVER COUNTY (36)Complement 6

Reed, Robert C.James, George E.**Kunselman, Robert E.Mannix, Thomas C.*McBride, John D.

Steege, Peter O.Walko, Joseph S.

* Resigned 3-31-98** Confirmed 11-17-98

BEDFORD COUNTY (57)Complement 1

Howsare, Daniel L.

Common

Pleas

Judges

(As of 7-31-99)

(Judicial District listed inparentheses)

(Italics denotes PresidentJudge)

112

THE DIRECTORY - COMMON PLEAS JUDGES

BERKS COUNTY (23)Complement 10

Keller, Scott D.Ehrlich, Elizabeth G.Eshelman, Thomas J.Grim, Arthur E.Lieberman, Stephen B.

Ludgate, Linda K.M.Schmehl, Jeffrey L.Schmehl, Peter W.Sprecher, Jeffrey K.Stallone, Albert A.

BLAIR COUNTY (24)Complement 4

Peoples, Thomas G., Jr.Callan, Norman D.Carpenter, Hiram A., IIIKopriva, Jolene Grubb

BRADFORD COUNTY (42)Complement 2

Smith, Jeffrey A.Mott, John C.

BUCKS COUNTY (07)Complement 11Vacancy 2

Garb, Isaac S.**McAndrews, R. Barry+Biehn, Kenneth G.Biester, Edward G., Jr.Heckler, David W.

Kane, Michael J.Lawler, Daniel J.Rufe, Cynthia M.Rufe, John J.Rufe, William Hart, III*

Scott, Susan Devlin

* Resigned 1-1-99** Retired 6-17-99+ Elected acting president judge

effective 6-29-99

BUTLER COUNTY (50)Complement 4

O'Brien, Martin J.Hancher, George H.Horan, Marilyn J.Doerr, Thomas J.

CAMBRIA COUNTY (47)Complement 5

Long, GerardCreany, Timothy P.Krumenacker, Norman A., IIILeahy, Francis J.Swope, Thomas A., Jr.

CARBON COUNTY (56)Complement 2

Lavelle, John P.Webb, Richard W.

CENTRE COUNTY (49)Complement 3

Brown, Charles C., Jr.Grine, David E.Kistler, Thomas King

CHESTER COUNTY (15)Complement 10

Gavin, Thomas G.Carroll, Jacqueline M.MacElree, James P., IIMelody, M. Joseph, Jr.Ott, Paula Francisco

Platt, Katherine B.L.Riley, Howard F., Jr.Sanchez, Juan R.Shenkin, Robert J.Wood, Lawrence E.

CLARION COUNTY (18)Complement 1Vacancy 1

Alexander, Charles R.*

* Resigned 12-22-98

CLEARFIELD COUNTY (46)Complement 2

Reilly, John K., Jr.Ammerman, Frederic J.

CLINTON COUNTY (25)Complement 2

Saxton, Richard N., Jr.Williamson, J. Michael

COLUMBIA-MONTOURCOUNTIES (26)Complement 2

Keller, Gailey C.Naus, Scott W.

CRAWFORD COUNTY (30)Complement 2

Miller, Gordon R.Vardaro, Anthony J.

113


CUMBERLAND COUNTY (09)Complement 5

Hoffer, George E.Bayley, Edgar B.Guido, Ed E.Hess, Kevin A.Oler, J. Wesley, Jr.

DAUPHIN COUNTY (12)Complement 7

Morrison, Clarence C.Clark, Lawrence F., Jr.Evans, Scott A.Hoover, Todd A.Kleinfelter, Joseph H.

Lewis, Richard A.Turgeon, Jeannine

DELAWARE COUNTY (32)Complement 18

Sereni, A. LeoBattle, Joseph F.Bradley, Harry J.Clouse, Kenneth A.Cronin, Joseph P., Jr.

Fitzpatrick, Maureen F.Hazel, Frank T.Jenkins, Patricia H.Keeler, Charles C.Koudelis, George

McGovern, Clement J., Jr.Osborne, Ann A.Pagano, George A.Proud, James F.Surrick, R. Barclay

Toal, William R., Jr.Wright, Robert C.Zetusky, Edward J., Jr.

ELK-CAMERONCOUNTIES (59)Complement 1

Roof, Vernon D.

ERIE COUNTY (06)Complement 8Vacancy 1

Bozza, John A.+Palmisano, Michael M.*Anthony, Fred P.Connelly, Shad F.Cunningham, William R.

DiSantis, Ernest J., Jr.Domitrovich, Stephanie A.Fischer, Roger M.**

* Confirmed 3-31-98; electedacting president judge effective2-10-99

** Resigned 12-31-98+ President judge term expired

2-9-99

FAYETTE COUNTY (14)Complement 5

Franks, William J.Capuzzi, Conrad B.Solomon, Gerald R.Wagner, John F., Jr.Warman, Ralph C.

FRANKLIN-FULTONCOUNTIES (39)Complement 4

Walker, John R.Herman, Douglas W.Kaye, William H.Walsh, Richard J.

GREENE COUNTY (13)Complement 2

Grimes, H. TerryNalitz, William R.

HUNTINGDON COUNTY (20)Complement 1

Kurtz, Stewart L.

INDIANA COUNTY (40)Complement 2

Ruddock, W. Parker*Martin, William J.**Olson, Gregory A.+

* Retired 9-15-98** Became president judge

effective 9-16-98+ Confirmed 11-17-98

JEFFERSON COUNTY (54)Complement 1

Henry, William L.

LACKAWANNACOUNTY (45)Complement 6Vacancy 1

Walsh, James J.Corbett, PatriciaHarhut, Chester T.Minora, Carmen D.Munley, James M.**

Nealon, Terrence R.*

* Confirmed 5-4-98** Resigned 10-26-98

114


LANCASTER COUNTY (02)Complement 10

Eckman, D. RichardAllison, Paul K.Cullen, James P.Farina, Louis J.Georgelis, Michael A.

Gorbey, LeslieHummer, Wayne G., Jr.Kenderdine, Henry S., Jr.Perezous, Michael J.Stengel, Lawrence F.

LAWRENCE COUNTY (53)Complement 3

McCracken, Glenn, Jr.Motto, DominickPratt, Ralph D.

LEBANON COUNTY (52)Complement 3

Eby, Robert J.Kline, Samuel A.Tylwalk, John C.

LEHIGH COUNTY (31)Complement 9

Gardner, James KnollBlack, Alan M.Brenner, Lawrence J.Ford, William E.McGinley, Carol K.

Platt, William H.Reibman, Edward D.Steinberg, Robert L.Wallitsch, Thomas A.

LUZERNE COUNTY (11)Complement 8

Augello, Joseph M.Burke, Thomas F., Jr.*Ciavarella, Mark A.Conahan, Michael T.Lokuta, Ann H.

Mundy, Hugh F.Muroski, Chester B.Toole, Patrick J., Jr.

* Confirmed 5-4-98

LYCOMING COUNTY (29)Complement 5

Smith, Clinton W.Anderson, Dudley N.Brown, Kenneth D.Butts, Nancy L.Kieser, William S.

MCKEAN COUNTY (48)Complement 1

Cleland, John M.

MERCER COUNTY (35)Complement 3

Fornelli, Francis J.Dobson, Thomas R.Wherry, Michael J.

MIFFLIN COUNTY (58)Complement 1

Searer, Timothy S.

MONROE COUNTY (43)Complement 4

Vican, Ronald E.Cheslock, Jerome P.

Miller, Linda WallachO'Brien, Peter J.

MONTGOMERYCOUNTY (38)Complement 18Vacancy 1

Smyth, Joseph A., Jr.Albright, Kent H.Bertin, Emanuel A.Carpenter, William R.Corso, S. Gerald

Daniele, Rhonda LeeDelRicci, Thomas M.Drayer, Calvin S., Jr.Furber, William J., Jr.Hodgson, Richard J.

Lawrence, Marjorie C.Moore, Bernard A.Nicholas, William T.Ott, Stanley R.Rossanese, Maurino J., Jr.

Salus, Samuel W., IISubers, Albert R.*Tressler, Paul W.

* Retired 4-18-99

NORTHAMPTONCOUNTY (03)Complement 7

Freedberg, Robert A.Baratta, Stephen G.Hogan, James C.McFadden, F. P. KimberlyMoran, William F.

Panella, Jack A.Simpson, Robert E., Jr.

115


NORTHUMBERLANDCOUNTY (08)Complement 2

Sacavage, Robert B.Wiest, William Harvey

PERRY-JUNIATACOUNTIES (41)Complement 2

Quigley, Keith B.Rehkamp, C. Joseph

PHILADELPHIACOUNTY (01)Complement 90Vacancy 3

Bonavitacola, Alex

Administrative JudgesHerron, John W.Panepinto, Paul P.Tucker, Petrese B.

Abramson, Howland W.Ackerman, NormanAllen, Jacqueline F.Avellino, Bernard J.#Bernstein, Mark I.

Berry, Willis W., Jr.Bradley, Edward J.**Bright, Gwendolyn N.Brinkley, Genece E.Brown, Joan A.

Carrafiello, Matthew D.Chen, Ida K.Clark, Tama MyersCohen, Gene D.Colins, Mary D.

Cooperman, AmandaD'Alessandro, Nicholas M.Davis, Legrome D.Dembe, Pamela PryorDempsey, Thomas E.

Di Vito, Gary F.

DiBona, Alfred J., Jr.DiNubile, Victor J., Jr.Field, Myrna P.Fitzgerald, James J., III

Fox, IdeeGeroff, Steven R.Glazer, Gary S.Goldman, Murray C.Goodheart, Bernard J.

Gordon, LevanGordon, Richard J.++Greenspan, Jane C.Hamlin, Lynn B.Hughes, Renee Cardwell

Ivanoski, Leonard A.••

Jackson, Ricardo C.Jelin, Sheldon C.Jones, C. Darnell, IIJoseph, Barbara A.

Kafrissen, Arthur S.Keogh, D. WebsterKlein, Richard B.Lachman, MarleneLatrone, Robert A.

Lazarus, Anne E.Lehrer, Samuel M.Lerner, Benjamin*Levin, Stephen E.Lewis, Kathryn Streeter

Lineberger, James A.Lynn, James MurrayMaier, Eugene Edward J.Manfredi, William J.Massiah-Jackson,

Frederica A.

Matthews, Robert J.ËMazzola, William J.McInerney, Patricia A.Means, Rayford A.Moss, Sandra Mazur

Mozenter, Joyce S.New, Arnold L.O'Keefe, Joseph D.Papalini, Joseph I.Pawelec, Edmund S.

Poserina, John J., Jr.Quinones Alejandro, Nitza I.Ransom, Lillian H.Reynolds, Abram FrankRibner, Paul##

Richette, Lisa A.•Rizzo, Annette M.ËRobins New, ShelleyRobinson, Roslyn K.Rogers, Peter F.

Russell, Edward E.Sarmina, M. TeresaSavitt, David N.+Sheppard, Albert W., Jr.Smith, Gregory E.

Snite, Albert John, Jr.Summers, Edward R.Sylvester, Esther R.Temin, Carolyn EngelTereshko, Allan L.

Watkins, Thomas D.Wolf, Flora BarthWoods-Skipper, Sheila A.ËYounge, John M.Zaleski, Jerome A.

* Term expired 1-4-98;confirmed 6-3-98

** Retired 5-20-98+ Retired 5-21-98++ Confirmed 6-3-98# Resigned 7-5-98## Retired 7-30-98• Retired 9-9-98•• Retired 9-14-98Ë Confirmed 11-17-98

PIKE COUNTY (60)Complement 1

Thomson, Harold A., Jr.

POTTER COUNTY (55)Complement 1

Leete, John B.

116


SCHUYLKILL COUNTY (21)Complement 5

Baldwin, William E.Dolbin, C. PalmerDomalakes, John E.Russell, Jacqueline L.Stine, D. Michael

SNYDER-UNIONCOUNTIES (17)Complement 2

Woelfel, Harold F., Jr.Knight, Louise O.*

* Confirmed 6-3-98

SOMERSET COUNTY (16)Complement 3

Fike, Eugene E., IICascio, John M.Gibson, Kim R.

SUSQUEHANNACOUNTY (34)Complement 1

Seamans, Kenneth W.

TIOGA COUNTY (04)Complement 1

Dalton, Robert E., Jr.

VENANGO COUNTY (28)Complement 2

White, William H., Jr.Lobaugh, Oliver J.

WARREN-FORESTCOUNTIES (37)Complement 1

Millin, Paul H.

WASHINGTON COUNTY (27)Complement 5

Gladden, Thomas D.Emery, Katherine B.Gilmore, David L.O'Dell Seneca, DebbiePozonsky, Paul M.

WAYNE COUNTY (22)Complement 1

Conway, Robert J.

WESTMORELANDCOUNTY (10)Complement 11Vacancy 1

Scherer, Bernard F.*Loughran, Charles H.**Ackerman, Daniel J.Blahovec, John E.Caruso, Gary P.

Driscoll, John J.Hathaway, Rita DonovanMarker, Charles E.McCormick, Richard E., Jr.Ober, William J.

Pezze, Debra A.

* Died 4-18-98** Elected president judge

effective 4-23-98

WYOMING-SULLIVANCOUNTIES (44)Complement 1

Vanston, Brendan J.

YORK COUNTY (19)Complement 11

Uhler, John C.Blackwell, Penny L.Brillhart, Michael J.Chronister, John H.Dorney, Sheryl Ann

Horn, Richard H.Kennedy, John S.Linebaugh, Stephen P.Renn, Richard K.Snyder, Gregory M.

Thompson, John W., Jr.

117

Common

Pleas

Court

Senior

Judges

(As of 7-31-99)

ALLEGHENY COUNTY

Dauer, Robert E.**Johnson, Livingstone M.Kaplan, Lawrence W.*McGregor, James R.#O'Brien, John W.++

O'Malley, Michael J.Ridge, Joseph H.Ross, George H.Schwartz, Nathan+Watson, J. Warren

Wekselman, I. MartinZeleznik, Richard G.

* Effective 8-22-98** Effective 12-24-98+ Resigned 4-30-99++ Removed from list 6-30-99# Effective 7-12-99

ARMSTRONG COUNTY

House, Roy A., Jr.

BEAVER COUNTY

Mannix, Thomas C.*Rowley, James E.Salmon, J. Quint

* Effective 3-24-98

BEDFORD COUNTY

Van Horn, Ellis W., Jr.

BERKS COUNTY

Edenharter, FrederickEshelman, W. Richard

Schaeffer, Forrest G., Jr.Smith, Calvin E.

BUCKS COUNTY

Bortner, Oscar S.Clark, Ward F.Garb, Isaac S.**Rufe, William Hart, III*Sokolove, Leonard B.

* Effective 1-2-99** Effective 6-20-99

BUTLER COUNTY

Brydon, John H.Kiester, George P.

CAMBRIA COUNTY

Creany, Eugene A.

CHESTER COUNTY

Endy, Alexander

CLARION COUNTY

Alexander, Charles R.*

* Effective 12-23-98

CLINTON COUNTY

Brown, Carson V.

COLUMBIA-MONTOURCOUNTIES

Myers, Jay W.

CRAWFORD COUNTY

Thomas, P. Richard

118

THE DIRECTORY - SENIOR COMMON PLEAS JUDGES

DAUPHIN COUNTY

Lipsitt, William W.Morgan, Warren G.*

* Sits on occasion inCommonwealth Court

DELAWARE COUNTY

Wright, Robert A.

ELK-CAMERON COUNTIES

Greiner, Paul B.

ERIE COUNTY

Fischer, Roger M.*Levin, George E.

* Effective 1-1-99

FRANKLIN-FULTONCOUNTIES

Keller, John W.

INDIANA COUNTY

Ruddock, W. Parker*

* Effective 9-18-98

JEFFERSON COUNTY

Snyder, Edwin L.

LACKAWANNA COUNTY

Cottone, S. JohnO=Malley, Carlon M., Jr.Penetar, Daniel L.LANCASTER COUNTY

Bucher, Wilson

LEBANON COUNTY

Gates, G. Thomas

LEHIGH COUNTY

Backenstoe, John E.Diefenderfer, James N.Young, Robert K.

LUZERNE COUNTY

Brominski, Bernard C.Cappellini, Gifford S.Podcasy, Bernard J.

LYCOMING COUNTY

Greevy, Charles F.

MERCER COUNTY

Stranahan, John Q.

MONROE COUNTY

Marsh, James R.

MONTGOMERY COUNTY

Brown, Lawrence A.Davenport, Horace A.

Lowe, Richard S.Subers, Albert R.**Taxis, Alfred, L., Jr.*

Vogel, William W.

* Removed from list 1-1-99** Effective 4-21-99

NORTHAMPTON COUNTY

Franciosa, Michael V.Grifo, Richard D.Williams, Alfred T., Jr.

NORTHUMBERLANDCOUNTY

Feudale, Barry F.Ranck, Samuel C.

PHILADELPHIA COUNTY

Bradley, Edward J.**Bruno, Joseph C.Chiovero, John J.Cipriani, Nicholas A.Clarke, Eugene H., Jr.#

DeFino, Anthony J.Halbert, Marvin R.Hill, Louis G.Ivanoski, Leonard A.•Jenkins, Norman A.*

Kozay, Nicholas, Jr.Lederer, William J.O=Brien, Frank X.Richette, Lisa A.##Rosenberg, Edward B.

119


PHILADELPHIA COUNTY,continued

Sabo, Albert F.Savitt, David N.+Stout, Juanita Kidd++

* Removed from list 1-23-98** Effective 5-23-98+ Effective 5-24-98++ Died 8-21-98# Died 8-24-98## Effective 9-12-98• Effective 9-17-98

SCHUYLKILL COUNTY

Dolbin, Donald D.Rubright, Wilbur H.

SOMERSET COUNTY

Shaulis, Norman A.*

* Readded 1998

TIOGA COUNTY

Kemp, Robert M.

VENANGO COUNTY

Breene, William E.

WARREN-FORESTCOUNTIES

Wolfe, Robert L.

WASHINGTON COUNTY

Bell, John F.Terputac, Thomas J.

WESTMORELAND COUNTY

Mihalich, Gilfert M.

YORK COUNTY

Cassimatis, Emanuel A.Erb, Joseph E.Miller, John T.

120

PhiladelphiaMunicipal CourtJudgesComplement 25Vacancy 1

Silberstein, Alan K.+Presenza, Louis J.++

Administrative JudgeBlasi, Robert S.

Anderson, Linda F.**Brady, Frank T.Conway, Gwendolyn A.Daher, Georganne V.DeLeon, James M.

Deni, Teresa CarrGehret, ThomasF.**Gilbert, Barbara S.Kirkland, Lydia Y.Krase, Morton

Lilian, Eric L.McCaffery, Seamus P.Meehan, William Austin, Jr.Mekel, Edward G.#Merriweather, Ronald B.

Neifield, Marsha H.O=Grady, John J., Jr.*Retacco, Louis F.Robbins, Harvey W.Schwartz, Harry*

Stack, Felice RowleyWashington, Craig M.

* Term expired 1-4-98;confirmed 2-9-98

** Confirmed 2-9-98+ President judge term expired

1-18-99++ Elected president judge

effective 1-19-99# Resigned 4-30-99

PhiladelphiaTraffic CourtJudgesComplement 7

Little, Francis J.

Administrative JudgeDeAngelis, Bernice A.

Adams, Willie J.*Howlett, Joseph A.Kelly, Francis E.Perri, Fortunato N., Sr.Tynes, Thomasine

* Confirmed 2-9-98

PittsburghMagistrates CourtComplement 6

Simmons, William T.Chief Magistrate

Butler, Daniel E.Cobb, Linda A.Coles, LouisHarrington, MoiraMcLaughlin, Irene M.

Philadelphia

and

Pittsburgh

Special

Courts

Judges

(As of 7-31-99)

121

Philadelphia

Special

Courts

Senior

Judges

(As of 7-31-99)

Municipal CourtSenior Judges

Bashoff, Martin W.Blount, Lynwood F.Brady, William J., Jr.Coppolino, Matthew F.Cosgrove, Francis P.*

King, William A., Jr.McCormack, Thomas J.**Mekel, Edward G.+Rose, Meyer Charles

* Effective 2-18-98** Died 8-18-98+ Effective 7-14-99

Traffic CourtSenior Judges

Cox, Edward S.Cuffeld, Charles H.Podgorski, Lillian H.

122

ADAMS COUNTY (51)Complement 4

Bowman, Daniel S.Carr, Thomas R.Deardorff, Harold R.Zepp, John C., III

ALLEGHENY COUNTY (05)Complement 55Vacancy 3

Barton, David J.Bender, John T.Bengel, Carolyn S.Blaschak, Suzanne R.Bova, John N.

Boyle, Mary GraceBrletic, Thomas S.Burnett, EdwardCercone, Mary AnnCioppa, Ross C.+

Comunale, Frank, IIIConroy, Eileen M.Cooper, Kevin E.Costa, Ronald N., Sr.De Angelis, Guido A.

Devlin, Mark B.Diven, Daniel R.Dzvonick, Robert P.Edkins, Sally AnnFranci, Georgina G.*

Hanley, James J., Jr.Hromyak, Leonard J.Ivill, William J.Joyce, Dennis R.Kimberland, Susanne

King, Richard G.Lloyd, Betty L.**Longo, Nancy L.Luniewski, Walter W., Jr.Marraccini, Ernest L.

Martin, ArmandMcCarthy, Richard K.McGraw, Elaine M.McLaughlin, Charles A., Jr.Miller, Thomas G., Jr.

Morrissey, Charles M.Olasz, Richard D., Jr.Peglow, Lee G.Petite, Oscar J., Jr.Presutti, Donald H.

Ravenstahl, Robert P., Jr.Russo, James E.Scharding, Anna MarieSullivan, GiGiSwearingen, John E.++

Terrick, Richard J.**Thompson, Alberta V.Tibbs, Edward A.Trkula, Shirley R.Tucker, Robert E.

Wagner, William K.Welsh, Regis C., Jr.Zielmanski, Eugene L.Zoller, Richard H.Zucco, Linda I.

Zyra, Gary M.

* Retired 4-20-98** Resigned 3-31-99+ Confirmed 6-8-99++ Retired 6-16-99

ARMSTRONG COUNTY (33)Complement 4

DeComo, J. GaryGerheim, Michael L.Goldstrohm, Samuel R.Young, Jay A.

BEAVER COUNTY (36)Complement 9

Armour, John W.Dibenedetto, James F.Eiler, Donald L.Howe, Edward C.Knafelc, Harry E.

District

Justices

(As of 7-31-99)

(Judicial Districts inparentheses)

123


BEAVER COUNTY,continued

Loughner, C. DouglasSchulte, Martin V.Swihart, Janet M.Zupsic, Joseph*

* Sworn in 11-17-98

BEDFORD COUNTY (57)Complement 4

Baker, Brian K.Bingham, H. Cyril, Jr.Calhoun, Kathy S.McVicker, Erika

BERKS COUNTY (23)Complement 18

Beck, Richard C.Bentz, Nicholas M., Jr.Dougherty, John F.*Dougherty, Timothy**Gauby, Thomas M., Sr.

Greth, Gail M.Hall, William N., Jr.Horning, Anthony F.Korch, James M.++Kowalski, Phyllis J.

Lachina, Deborah P.Leonardziak, Michael J.Mest, Ronald C.Schock, Roland H.Stacherski, Felix V.

Stitzel, Gloria W.Stoudt, Carol A.Strock, Gloria M.+

Walley, Susanne R.Xavios, Thomas H.

* Retired 3-3-98** Confirmed 4-28-98+ Resigned 6-8-98++ Confirmed 9-29-98

BLAIR COUNTY (24)Complement 7

Dole, Elizabeth**Garman, Kenneth L.Greene, John B., Jr.Jones, Patrick T.Kelly, Todd F.

Klepser, Frederick L.*Moran, Joseph L.Ormsby, Craig E.


BRADFORD COUNTY (42)Complement 4Vacancy 2

Aquilio, Daniel J., III**Ayres, Lynn E.*Powell, James O.Shaw, Michael G.

* Retired 6-12-98** Resigned 3-13-99

BUCKS COUNTY (07)Complement 18Vacancy 1

Adamchak, Joanne M.Brown, Leonard J.Cappuccio, Charles A.Dietrich, Ruth C.DuBree, M. Kay

Falcone, Joseph P.**Gaffney, Robert E.Groman, Oliver A.Hogeland, H. WarrenKelly, John J., Jr.

Kline, Joanne V.Manto, Michael J.+Marks, Catherine*McEwen, Susan E.Nasshorn, Donald

Roth, C. RobertSchnell, Robert A., Jr.Vislosky, JanWagner, Robert L., Jr.

* Retired 2-17-98** Confirmed 6-3-98+ Died 5-11-99

BUTLER COUNTY (50)Complement 5

Armstrong, Dennis C.Haggerty, Sue E.**O'Donnell, Joseph D., Jr.Streib, Kelly T.D.Wise, Frank C.*

Woessner, Clifford J.


CAMBRIA COUNTY (47)Complement 10

Barron, John W.Berkhimer, Allan C.Coleman, Alfred B.Creany, Frederick S.Decort, Galen F.

Grecek, Leonard J.Musulin, Michael J.Nileski, Charity L.Pavlovich, Max F.Zungali, Michael

CARBON COUNTY (56)Complement 4Vacancy 1

Appleton, Bruce F.Hadzick, Paul J.Hudasky, Irene M.*Lewis, Edward M.

* Resigned 12-31-98

124

THE DIRECTORY - DISTRICT JUSTICES

CENTRE COUNTY (49)Complement 5

Hoffman, Daniel R., IIHorner, Ronald J.Lunsford, Bradley P.Prestia, Carmine W., Jr.Sinclair, Allen W.

CHESTER COUNTY (15)Complement 17

Anthony, John F.Arnold, Rita A.Bicking, Brenda J.Blackburn, JeremyBrown, Arthur

Bruno, Mark A.**Darlington, Chester F.DeAngelo, James V.Farmer, Harry W., Jr.Gill, Robert E.

Maisano, Daniel J.Martin, Thomas E., Jr.Michaels, Theodore P.Muth, Dawson R.*Scott, Stanley

Smith, Larry E.Welsh, Susann E.Winther, J. Peter


CLARION COUNTY (18)Complement 4

George, Daniel P.Heasley, Norman E.Lapinto, Anthony A.Long, Gregory E.

CLEARFIELD COUNTY (46)Complement 4

Ford, Patrick N.Hawkins, James L.Ireland, Richard A.Rudella, Michael A.

CLINTON COUNTY (25)Complement 3

Bossert, Thomas H.Dwyer, Kevin R.Frazier, John B.

COLUMBIA-MONTOURCOUNTIES (26)Complement 5

Breech, William L.Cashman, Richard P.Coombe, Donna J.Shrawder, Marvin K.Stackhouse, Ola E.

CRAWFORDCOUNTY (30)Complement 6

Chisholm, William D.Hanson, Wayne E.Herzberger, George W., IIINicols, Amy L.Rossi, A. Michael, Jr.

Zilhaver, Lincoln S.

CUMBERLANDCOUNTY (09)Complement 8

Clement, Charles A., Jr.Correal, Paula P.Day, Susan K.Elder, Gayle A.**Klair, Ronald E.*

Manlove, Robert V.Placey, Thomas A.Perkins, David P.**Shulenberger, Helen B.


DAUPHIN COUNTY (12)Complement 14

Bridges, Roy C.Johnson, Gregory D.Judy, David H.Lindsey, Joseph S.Magaro, Samuel J.

Pelino, Dominic A.Pianka, JamesSemic, Steven M.Shugars, Ray F.Solomon, Joseph S.

Stewart, Marsha C.Williams, Edward R.Yanich, Bernard B.Zozos, George A.

DELAWARECOUNTY (32)Complement 32Vacancy 2

Berardocco, AnnBoyden, Kenneth J. D.Brennan, Mary AliceBurton, Robert W.+Cappelli, Richard M.

Cullen, Michael G.Davis, Horace Z.Day, William L., Jr.Foster, Beverly H.Gallagher, Vincent D., Jr.

Gaspari, RoccoHanna, William E.Harkin, Edward C.Klein, Stephanie H.LaRosa, Barbara

125


DELAWARE COUNTY,continued

Lacey, Thomas J.Lang, David HamiltonLiberace, Gerald C.Mallon, Gregory M.McCray, C. Walter, III

McDevitt, Leonard M.Miller, Kenneth N.Murphy, David J.Nilon, James F., Jr.Perfetti, John J.

Quinn, Joseph T.F.Seaton, Spencer B., Jr.Sereni-Massinger,

Christine A.Shaffer, Robert M.**Tozer, Peter P.

Truscello-McHugh,Deborah M.*

Videon, David T.

* Confirmed 1-21-98** Resigned 4-3-98+ Resigned 1-3-99

ELK-CAMERONCOUNTIES (59)Complement 3

Brown, Alvin H.King, George A.Wilhelm, Donald A.

ERIE COUNTY (06)Complement 15Vacancy 1

Abate, Frank, Jr.DiPaolo, Dominick D.Dwyer, James J., IIIHogan-Munsch, CarmelitaLefaiver, Joseph R.

Manzi, PaulNakoski, Peter P., Jr.Nichols, Patsy A.

Saxton, Robert C., Jr.Smith, Charles F.*

Southwick, Carol L.Stuck-Lewis, Denise M.Urbaniak, PaulVendetti, John A.Weindorf, Arthur J.

* Retired 11-14-98

FAYETTE COUNTY (14)Complement 13

Abraham, Randy S.Blair, LawrenceBreakiron, Robert W.Cavalcante, Brenda K.Cramer, Jesse J.

Defino, Michael J.Dennis, Wendy D.Haggerty, Ronald J., Sr.Kula, Deberah L.Mitchell, Herbert G., Jr.

Rubish, MichaelShaner, Dwight K.Vernon, Rick C.

FRANKLIN-FULTONCOUNTIES (39)Complement 9

Carter, Gary L.Hawbaker, David E.Johnson, Carol J.Knepper, Brenda M.Mellott, Wendy Richards

Meminger, Larry K.Pentz, Larry G.Shatzer, Shirley M.*Weyman, John P.

* Confirmed 1-27-98

GREENE COUNTY (13)Complement 3

Canan, Neil M.Watson, John C.Watson, Leroy W.

HUNTINGDONCOUNTY (20)Complement 4

Colyer, Michael M.Davis, Daniel S.Kyper, James H.*Whitsel, Theodore J.Wilt, Richard S.**

* Retired 9-7-98** Confirmed 1-27-99

INDIANA COUNTY (40)Complement 4

DeGruttola, DoloresOrendorff, Richard G.Steffee, Michael K.Thachik, George M.

JEFFERSON COUNTY (54)Complement 3

Chambers, Douglas R.Hetrick, Bernard E.Miller, George B.

LACKAWANNACOUNTY (45)Complement 11

Clark, George E., Jr.Farrell, Alyce M.Gallagher, Terrance V.Giglio, Theodore J.Golden, Thomas J.

Kennedy, James P.McGraw, Sean P.

126


LACKAWANNA COUNTY,continued

Mercuri, John J.Pieski, John E. V.Russell, Robert G.

Yurgosky, Donald A.

LANCASTER COUNTY (02)Complement 20

Bomgardner, Vicki G.Brian, David E.Duncan, Jayne F.Eckert, Leo H., Jr.Garrett, James L.

Good, Carl A., Jr.Hamill, Nancy G.

Hamilton, Maynard A., Jr.Hartman, Cheryl N.Herman, Robert A., Jr.

High, Sandra L.Miller, David P.Musser, Richard W.Mylin, Stuart J.Reuter, William G.

Savage, Ronald W.Stoltzfus, Isaac H.Williams, Louise B.Willwerth, Jene A.Winters, John C.

LAWRENCE COUNTY (53)Complement 5

Abraham, Charles A., Jr.*Amodie, Melissa A.**Battaglia, Samuel A.Lamb, J. V.Reed, James A.

Rishel, David B.

* Died 2-26-99** Confirmed 5-11-99

LEBANON COUNTY (52)Complement 7Vacancy 1

Arnold, John F.Capello, Thomas M.Foundling, Nigel K.Lehman, Lee R.Shultz, Jo Ann*

Smith, Michael D.Swisher, Hazel V.

* Resigned 6-30-99

LEHIGH COUNTY (31)Complement 14

Balliet, Carl L.Butler, Donna R.Crawford, Charles H.Dugan, John E.Gatti, Richard A.

Harding, David B.Hartman, Edward E.Hausman, Joan K.*Leh, David G.**Jepsen, Diane R.

Murphy, Thomas P.Rapp, Anthony G., Jr.Snyder, Joan L.Varricchio, Michele A.Youkonis, Patricia E.


LUZERNE COUNTY (11)Complement 18

Balliet, Burton E.Barilla, Andrew, Jr.Collins, Michael J.Feissner, Gerald L.Halesey, Joseph A.

Hasay, John E.Hendrzak, Bernard J.

Hopkins, John J.Kane, Martin R.Maffei, Carmen John

Malast, DianaPierantoni, Fred A., IIIRoberts, Paul J.Sharkey, Thomas J.Swank, Ronald W.

Tupper, James E.Whittaker, Donald L.Zola, Joseph D.

LYCOMING COUNTY (29)Complement 6

Carn, James G.Lepley, Jerry C.McGee, Gerald A.McRae, C. RogerPage, Allen P., III

Sortman, James H.

MCKEAN COUNTY (48)Complement 4

Ackerman, Thomas E.Boser, Barbara L.Kennedy, Michael J.Yoder, John H.

MERCER COUNTY (35)Complement 5

Fagley, William L.French, Ruth M.McMahon, James E.Russo, Henry J.Silvis, Lawrence T.

MIFFLIN COUNTY (58)Complement 2

Clare, Barbara A.Williams, Rick A.

127


MONROE COUNTY (43)Complement 10

Claypool, Richard S.Dennis, C. WilliamEyer, Charles P.Krawitz, JolanaMangan, Anthony J.

Olsen, Thomas E.Perfetti, RobertShiffer, Thomas R., Jr.Whitesell, John D.York, Debby A.

MONTGOMERYCOUNTY (38)Complement 30

Augustine, Albert J.Berkoff, F. ElaineBorek, Harold D.Casillo, Ester J.Crahalla, Benjamin R.

Deatelhauser, Kenneth E.Dougherty, Joseph H.Durkin, John J.Gadzicki, Walter F., Jr.Griffin, Francis V.*

Householder,William R., Jr.**

Hummel, Catherine M.Hunter, James B.Inlander, Gloria M.Keightly, David A.

Kowal, John L.Lawrence, Francis J., Jr.Leader, Loretta A.Liss, Henry M.Lukens, Deborah A.

Maruszczak, William I.Murray, John S., IIIPalladino, Thomas A.Price, Richard M.Richman, Michael C.

Sachaczenski, John T.Saraceni, Robert A.Schireson, Henry J.Skerchock, DorothyStine, Caroline Culley

Zaffarano, Patricia A.

* Retired 4-22-98** Confirmed 6-3-98

NORTHAMPTONCOUNTY (03)Complement 15

Elwell, Gay L.Frey, Elmo L., Jr.Grigg, Sherwood R.Koury, Michael J., Jr.Litzenberger, Ralph W.

Marinkovits, JoanMasut, Adrianne L.Matos Gonzalez, NancyRepyneck, Diane S.Romig, Elizabeth A.

Rudolph, Loretta M.Schlegel, Barbara A.Stocklas, James F.Weaver, Harold R., Jr.Zemgulis, Sandra J.

NORTHUMBERLANDCOUNTY (08)Complement 5

Bolton, Robert J.Brown, Wade J.Kear, William F.Mychak, Michael F.Reddinger, Wilbur L., Sr.

PERRY-JUNIATACOUNTIES (41)Complement 5

Frownfelter, Elizabeth R.Howell, Donald F.

Leister, Jacqueline T.Lyter, Barbara M.Moyer, James R., Jr.

PIKE COUNTY (60)Complement 4

Cooper, Alan B.**McBride, Stephen A.Purdue, Carolyn H.Quinn, Gudrun K.*Sanquilly, William N.


POTTER COUNTY (55)Complement 4

Bristol, Delores G.Easton, Barbara J.**Fetzer, Donna J.*Garrote, Katherine G.Tasillo, Michelle M.


SCHUYLKILL COUNTY (21)Complement 8

Ferrier, James R.Matz, Earl H., Jr.Moran, Charles V.Nahas, Bernadette J.Plachko, David A.

Reiley, James K.Slezosky, William A.Zelonis, Andrew B.

SNYDER-UNIONCOUNTIES (17)Complement 4

Armbruster, Leo S.Parker, Harley M.

128


SNYDER-UNION COUNTIES,continued

Savidge, Willis E.Solomon, Hall E., Sr.

SOMERSET COUNTY (16)Complement 5Vacancy 1

Cannoni, Joseph A.Cook, Arthur K.Dively, Melissa K.*Philson, Robert M.Roush, William H.

* Resigned 2-1-99

SUSQUEHANNACOUNTY (34)Complement 3

Dayton, Watson J.Franklin, Gene A.Janicelli, Peter M.

TIOGA COUNTY (04)Complement 3Vacancy 1

Buckingham, William A.Farrell, William G.*Signor, Daniel P.

* Resigned 3-2-99

VENANGO COUNTY (28)Complement 4

Boyer, Robert L.Fish, David L.Gerwick, Douglas B.Martin, William G.*

* Confirmed 1-27-98

WARREN-FORESTCOUNTIES (37)Complement 6

Bauer, Laura S.Carbaugh, Curtis E.Carlson, Glenn S.Fedora, Michael L.Lindemuth, Cynthia K.

Zerbe, Arthur W.

WASHINGTON COUNTY (27)Complement 12

Amati, RonaldCelaschi, Lawrence P.Costanzo, Valarie S.*Dutton, Jay H.Ellis, James C.

Havelka, Gary H.Mark, David W.Pelkey, WilliamSpence, J. AlbertTeagarden, Marjorie L.

Thompson, Curtis L.Weller, Jay H.

* Confirmed 9-29-98

WAYNE COUNTY (22)Complement 4

Edwards, Ronald J.Farrell, Jane E.Laabs, Dorothy C.Lewis, Bonnie P.

WESTMORELANDCOUNTY (10)Complement 19Vacancy 1

Albert, James E.Bilik, Mark J.Christner, Charles M., Jr.

Dalfonso, Joseph A.DelBene, Frank, Jr.

DiClaudio, Mary S.Eckels, Roger F.Falcon, James N.Franzi, Lawrence J.King, J. Bruce

Mahady, Michael R.Mansour, Mark S.McCutcheon, Bernice A.Medich, MarthaPeck-Yokopec, Cheryl J.

Scott, Robert E.Smittle, John D.*Thiel, Denise SnyderWeimer, Douglas R., Jr.

* Resigned 9-30-98

WYOMING-SULLIVANCOUNTIES (44)Complement 4

Baumunk, Linda M.Robinson, Patricia A.Shurtleff, Russell D.Smith, Carl W., Jr.

YORK COUNTY (19)Complement 18Vacancy 1

Dubs, Mervin L.Edie, Nancy L.Estep, Roger A.Farrell, William J., IIIGarber, Daniel B.

Haskell, Ronald J., Jr.Heilman, Vera J.Hodge, James D.Kessler, Harold D.Lafean, John W.

129


YORK COUNTY,continued

Leppo, Kim S.Martin, Richard E., IIMeisenhelter, Douglas F.Miner, James S.Naylor, Alan G.

Nixon, Barbara H.Shoemaker, Gerald E.Walters, Paul A.*

* Resigned 6-30-99

130

ALLEGHENY COUNTY

Boehm, Leonard W.Casper, Raymond L.Conn, Arthur P.Diulus, Nicholas A.Fiore, Sarge

Franci, Georgina G.*Hanley, James J.**Komaromy, Paul, Jr.Lindberg, Howard D.Nairn, Regis C.

Raible, Eugene L.Secola, Rinaldo J.Stocker, Olive S.Swearingen, John E.++Terrick, Richard J.+

Thomas, Raymond C.

* Effective 4-23-98** Removed from list 7-24-98+ Effective 4-1-99++ Effective 6-19-99

ARMSTRONG COUNTY

Shaeffer, Eugene W.

BEAVER COUNTY

Keefer, Ross M., Jr.Kirchner, Lewis E.Loschiavo, Peter J.Mihalic, Stephen D.

BERKS COUNTY

Dougherty, John F.*Wenger, George L.

* Effective 3-6-98

BLAIR COUNTY

Klepser, Frederick L.*

* Effective 4-1-98; resigned3-9-99

BRADFORD COUNTY

Ayres, Lynn E.*Wood, Fordham F., Jr.

* Effective 6-15-98

BUCKS COUNTY

Kelly, James M.Marks, Catherine*Spadaccino, Dominick C.

* Effective 2-20-98

BUTLER COUNTY

Wise, Frank C.*

* Effective 2-1-98

CAMBRIA COUNTY

Rozum, Julia Ann

CENTRE COUNTY

Shoff, Robert A.

CHESTER COUNTY

Martini, Harry R.Mull, Robert G.

Senior

District

Justices

(As of 7-31-99)

131


CLARION COUNTY

Corsini, John*

* Removed from list 1-21-98

CUMBERLAND COUNTY

Daihl, Donald W.Farner, Glenn R.Klair, Ronald E.*Lyons, Meade G.**

* Effective 3-1-98** Removed from list 8-24-98

DAUPHIN COUNTY

Cross-Shaffner, Mary E.Rathfon, William P.

DELAWARE COUNTY

Anderson, Garland W.Dittert, William J., Jr.Sellers, Nicholas**Shaffer, Robert M.*Truscello, Anthony M.

* Effective 4-4-98** Removed from list 7-24-98

ERIE COUNTY

Smith, Charles F.*Stuck, Ronald E.

* Effective 11-17-98

FAYETTE COUNTY

Hartz, Charles F.*


FRANKLIN/FULTONCOUNTIES

Stover, J. William

GREENE COUNTY

Bertugli, Emil

HUNTINGDON COUNTY

Kyper, James H.*

* Effective 9-10-98

INDIANA COUNTY

Cravotta, Angelo C.Wilkins, Geraldine M.*

* Resigned 4-12-99

JEFFERSON COUNTY

Lester, Guy M.

LACKAWANNA COUNTY

Cadden, Eugene T.Grunik, Ferdinand A.Kelleher, Daniel J.Polizzi, Michael S.

LANCASTER COUNTY

Horton, Murray R.James, Doris R.Miller, John W.Reeser, Richard L.

LEBANON COUNTY

Shultz, Jo Ann*Spannuth, Mary M.

* Effective 7-1-99

LEHIGH COUNTY

Beck, Ralph H.*Maura, Joseph J.


LUZERNE COUNTY

Harvey, Leonard D.Marshall, Robert N.

LYCOMING COUNTY

McDermott, John M.Stack, Robert W.

MONROE COUNTY

McCool, Henry*


MONTGOMERY COUNTY

Dasch, Charles A.Riehl, Donald O.

NORTHAMPTON COUNTY

Auch, Walter F., Jr.Leo, Joseph N.

132

THE DIRECTORY - SENIOR DISTRICT JUSTICES

PIKE COUNTY

Quinn, Gudrun K.*

* Effective 12-5-98

VENANGO COUNTY

Turk, Walter S.

WASHINGTON COUNTY

Lilley, June B.Mark, Walter A.Zeaman, Daryl*


WAYNE COUNTY

Buckert, Charles H.Dix, Edward H.*

* Removed 7-24-98

WESTMORELAND COUNTY

Caruso, AngeloGiannini, Michael P.

WYOMING COUNTY

Robinson, Marion J.*


YORK COUNTY

Bria, Margaret L.Diehl, Paul M., Jr.Dixon, Harold C.Lam, Roy L.*Stambaugh, Quentin R.


133

District Justice District Court Court Administrators Administrators

AdministratorBetty Davis OvermanRaymond L. BillotteGayle M. LangJoseph CabrajaLaurie J. Staub

Cherstin M. HamelMichael D. ReighardMary Lou VanderpoolG. Thomas WileyWilliam L. Patterson

Donald J. ScotillaRoberta L. BrewsterMaxine O. IshlerMargaret M. YokemickTammy J. Slike

David S. MeholickKessinger, Miles D., IIIJoseph A. BlassJohn L. ShuttleworthRichard J. Pierce

Robert G. ReidGerald C. Montella, Esq.Martha Keller MassonThomas C. AaronKaren M. Kuhn

William A. SheafferAudrey SzoykaCarole D. LangPatrick J. WardNorma R. Brown

William J. MurrayMark Dalton M.Micheline R. PagleyEdward J. RutterSusan T. Schellenberg

William T. SharkeyKevin H. Way, Esq.Joanne L. BlyPeter A. MorinHelen L. Montgomery

Joyce L. StoddardJohn D. Dunmire, Esq.Judith A. HarmonJames N. OnemboLawrence E. Diorio

Kaye V. RaffenspergerJoseph J. DiPrimio, Esq.Richard M. SimpsonCynthia MareliaColleen E. Kellam

DistrictAdamsAlleghenyArmstrongBeaverBedford

BerksBlairBradfordBucksButler

CambriaCarbonCentreChesterClarion

ClearfieldClintonColumbiaCrawfordCumberland

DauphinDelawareElk-CameronErieFayette

Franklin-FultonGreeneHuntingdonIndianaJefferson

LackawannaLancasterLawrenceLebanonLehigh

LuzerneLycomingMcKeanMercerMifflin

MonroeMontgomeryMontourNorthamptonNorthumberland

Perry-JuniataPhiladelphiaPhiladelphia Municipal Ct.Philadelphia Traffic CourtPike

AdministratorBetty Davis OvermanDavid W. Brandon, Esq.Martha J. DavidsonJoseph CabrajaLaurie J. Straub

Michael F. KrimmelPatricia M. GildeaMary Lou VanderpoolCharles A. Carey, Jr.Leslie A. Bridgeman

Donald J. ScotillaRoberta L. BrewsterBarbara G. GalloAnita E. McDevittTammy J. Slike

David MeholickKessinger, Miles D., IIIJoseph A. BlassJohn L. ShuttleworthRonald E. Johnson, Esq.

Philip M. IntrieriWard T. Williams, Esq.Martha Keller MassonPeter E. FreedRoberta A. Meese

William A. SheafferAudrey SzoykaCarole D. LangPatrick J. WardNorma R. Brown

James A. Doherty, Jr., Esq.Thomas N. Weaver, Esq.Micheline R. PagleyEdward J. RutterH. Gordon Roberts

Peter J. AdonizioKevin H. Way, Esq.Joanne L. BlyPeter A. MorinHelen L. Montgomery

Lyn Bailey-FennMichael J. Morris, Jr.Joseph A. BlassDebra C. FrenchLawrence Diorio

Kaye V. Raffesnperger

Colleen E. Kellam

Court

Administrators

(As of 7-31-99)

135

District Justice District Court Court Administrators Administrators

Court

Administrators,

continued

AdministratorPatricia Ann FlutyLois A. WallauerCharlotte N. KratzerKathleen A. RileyMary L.Foster

Carl L. MattesonCarol E. HutchisonSherry R. PhillipsChristine L. BradyLinus Myers

Paul S. Kuntz, Esq.Alma F. CusterJ. Robert Chuk

DistrictPotterSchuylkillSnyder-UnionSomersetSusquehanna

TiogaVenangoWarren-ForestWashingtonWayne

WestmorelandWyoming-SullivanYork

AdministratorPatricia Ann FlutyBruce T. HeffnerCharlotte N. KratzerKathleen A. RileyMary L. Foster

Carl L. MattesonCarol E. HutchisonSherry R. PhillipsChristine L. BradyLinus Myers

Lena M. SpeicherAlma F. CusterTerry R. Fleck

135

Court Administrator

Nancy M. SobolevitchCourt Administrator ofPennsylvania

Andrea Tuominen, Esq.Executive Assistant to theCourt Administrator

Dawn BrownAdministrative Assistant

Diane BowserController

Judicial Services

Bunny BaumDirector of JudicialServices

Nicholene DiPasqualeAdministrative Assistant

Policy Research& Statistics

Donald J. Harris, Ph.D.Director of PolicyResearch and Statistics

Fred W. StakelbeckStatistical Analyst

Charlotte KirschnerResearch Analyst

Rosemary A. FigazzottoResearch Assistant

Chief Counsel

Zygmont A. Pines, Esq.Chief Legal Counsel

Ellen L. ConawayExecutive Secretary

David M. Donaldson, Esq.Chief of Litigation

Howard M. Holmes, Esq.Deputy Legal Counsel

A. Taylor Williams, Esq.Assistant Legal Counsel

Maryellen Gallagher, Esq.Staff Attorney

Mary Keane, Esq.Staff Attorney

Daryl Walker, Esq.Staff Attorney

Timothy McVay, Esq.Staff Attorney

David S. Price, Esq.Staff Attorney

Administrative

Office

of

Pennsylvania

Courts

Philadelphia

1515 Market StreetSuite 1414Philadelphia, PA 19102215-560-6300

(As of 7-31-99)

136

Administrative

Office

of

Pennsylvania

Courts

Mechanicsburg

5035 Ritter RoadSuite 700Harrisburg, PA 17055717-795-2000

Deputy CourtAdministrator

Thomas B. DarrDeputy CourtAdministrator ofPennsylvania

Rhonda J. HockerAdministrative Assistant

Arthur J. HeinzCommunications/Legislative Coordinator

David LaneAssistant forIntergovernmental Affairs

David A. FrankforterManager of HumanResources

Joseph W. CherneskyManager ofAdministrative Services

Deborah B. McDivittManager of FinancialSystems

Steven F. AnglePayroll Manager

Daryl Walker, Esq.Staff Attorney

Judicial ComputerProject

C. Sue WilloughbyDirector of StatewideAutomation

Pamela StagerAdministrative Assistant

David S. Price, Esq.Staff Attorney

InformationTechnology

John H. DavenportDirector of InformationTechnology

Kay ShafferAdministrative Assistant

Eric SickManager of ComputerOperations

Arese O. NessManager of SoftwareSystems

Nicholas Melnick, Jr.EDI (Public Access)Coordinator

Special Projects

Ralph W. HunsickerDirector of SpecialProjects

Timothy McVay, Esq.Staff Attorney

Kristen E. SwaugerAdministrative Assistant

133

Alphabetical Order District Order

County District District CountyAdams 51 01 PhiladelphiaAllegheny 05 02 LancasterArmstrong 33 03 NorthamptonBeaver 36 04 TiogaBedford 57 05 Allegheny

Berks 23 06 ErieBlair 24 07 BucksBradford 42 08 NorthumberlandBucks 07 09 CumberlandButler 50 10 Westmoreland

Cambria 47 11 LuzerneCameron-Elk 59 12 DauphinCarbon 56 13 GreeneCentre 49 14 FayetteChester 15 15 Chester

Clarion 18 16 SomersetClearfield 46 17 Snyder-UnionClinton 25 18 ClarionColumbia-Montour 26 19 YorkCrawford 30 20 Huntingdon

Cumberland 09 21 SchuylkillDauphin 12 22 WayneDelaware 32 23 BerksElk-Cameron 59 24 BlairErie 06 25 Clinton

Fayette 14 26 Columbia-MontourForest-Warren 37 27 WashingtonFranklin-Fulton 39 28 VenangoFulton-Franklin 39 29 LycomingGreene 13 30 Crawford

Huntingdon 20 31 LehighIndiana 40 32 DelawareJefferson 54 33 ArmstrongJuniata-Perry 41 34 SusquehannaLackawanna 45 35 Mercer

Lancaster 02 36 BeaverLawrence 53 37 Forest-WarrenLebanon 52 38 MontgomeryLehigh 31 39 Franklin-FultonLuzerne 11 40 Indiana

Judicial

Districts

134

Alphabetical Order District Order

Judicial

Districts,

continued

County District District CountyLycoming 29 41 Juniata-PerryMcKean 48 42 BradfordMercer 35 43 MonroeMifflin 58 44 Sullivan-WyomingMonroe 43 45 Lackawanna

Montgomery 38 46 ClearfieldMontour-Columbia 26 47 CambriaNorthampton 03 48 McKeanNorthumberland 08 49 CentrePerry-Juniata 41 50 Butler

Philadelphia 01 51 AdamsPike 60 52 LebanonPotter 55 53 LawrenceSchuylkill 21 54 JeffersonSnyder-Union 17 55 Potter

Somerset 16 56 CarbonSullivan-Wyoming 44 57 BedfordSusquehanna 34 58 MifflinTioga 04 59 Cameron-ElkUnion-Snyder 17 60 Pike

Venango 28Warren-Forest 37Washington 27Wayne 22Westmoreland 10

Wyoming-Sullivan 44York 19

139

Following is a glossary of terms commonly used in the judicial system.

Aabatement of action A suit that has been quashed and ended.abscond To run away or hide from the jurisdiction of the court in

order to avoid legal proceedings.abstract of record Short, abbreviated, yet complete history of a case

as found in the record.abstract of title Chronological summary of all official records and

recorded documents affecting title to a parcel of real property.Accelerated Rehabilitative Disposition (ARD) Voluntary program

established by Pennsylvania's Supreme Court in 1972 for first-time, non-violent offenders whereby offenders undergo a probationsupervision program for two years without conviction. If theprogram is successfully completed, charges against the offenderare dismissed.

accomplice Person who knowingly and voluntarily participates withanother in a criminal act through aiding, abetting, advising orencouraging offender. See aid and abet.

accord Satisfaction agreed upon between parties in a lawsuitwhich bars subsequent action on the claim.

accord and satisfaction Method of discharging a claim wherebyparties agree to give and accept something in settlement of claim.

accused Defendant in a criminal case.acknowledgment Short declaration at end of a legal paper showing

paper was duly executed and acknowledged.acquittal Verdict after a criminal trial that defendant has not been

proven guilty beyond reasonable doubt of crime charged. Compareguilty.

Glossary

140

GLOSSARY

action Case, cause, suit or controversy dis-puted or contested before a court of justice.Action in personam is action against theperson. Action in rem is action against athing, usually where property is involved.

actus reus (ACK tus REE us) Proof that acriminal act has occurred.

ad litem (add LYE dem) For the purposes ofthe lawsuit. E.g., a guardian ad litem isappointed to prosecute or defend a suit onbehalf of an incapacitated person or a minor.

additur (ADD ih tur) Increase by judge inamount of damages awarded by jury.

adjudication Pronouncing judgment or decree;the judgment given.

administrator/administratrixOne who ad-ministers estate of person who dies without awill, administrator being male, adminis-tratrixbeing female. See personal repre-sentative.Compare executor/executrix. Also, a courtofficial.

admissible evidence Evidence which can belegally and properly introduced in a civil orcriminal trial.

adversary proceeding Proceeding having op-posing parties; contested. Differs from exparte proceeding.

adversary system Trial method used in U.S.and some other countries, based on belief thattruth can best be determined by givingopposing parties full opportunity to presentand establish evidence, and to test by cross-examination evidence presented by adver-saries, under established rules of procedurebefore an impartial judge and/or jury.

affiant Person who makes and signs anaffidavit.

affidavit Written statement of fact givenvoluntarily and under oath. In criminal casesaffidavits are often used by police officersseeking to obtain search or arrest warrants. Incivil cases affidavits of witnesses are oftenused to support motions for summaryjudgment.

affirmative defense Without denying thecharge, defendant raises extenuating ormitigating circumstances such as insanity,self-defense or entrapment to avoid civil orcriminal responsibility.

affirmed Decree or order at issue is declared

valid by appellate court and will stand asrendered in lower court.

aggravating circumstances Circumstances oc-curring in commission of an offense whichoccur above and beyond the offense itself andwhich serve to increase offense's guilt orenormity or add to its consequences. Mayincrease sentence of individual convicted ofoffense. Compare mitigating circumstancesand extenuating circumstances.

aid and abet To actively, knowingly or inten-tionally assist another person in commissionor attempted commission of a crime. Seeaccomplice.

alibi Written defense filed by defendant whoclaims he/she was at some other place at timeof crime and thus did not commit crimecharged.

allegation Statement of issues in a pleadingthat a party expects to prove. E.g., anindictment contains allegations of a crimeagainst a defendant.

allocatur (AL lo CAH tur) ”It is allowed.” Peti-tion for appeal to Supreme Court for casesheard purely at court's discretion.

alternative dispute resolution (ADR) Settling adispute without full, formal trial. Methodsinclude mediation, conciliation, arbitrationand settlement, among others.

amicus curiae (uh ME kus KYU ree EYE) Friendof the court. One not a party to a case whovolunteers to offer information on a point oflaw or some other aspect of the case to assistcourt in deciding matter before it.

answer Defendant's response to plaintiff'sallegations as stated in a complaint. Item-by-item, paragraph-by-paragraph response topoints made in complaint. Part of thepleadings.

appeal Request by losing party in a lawsuitthat judgment be reviewed by a higher court.

appearance Coming into court. Formal act bywhich a defendant submits to the jurisdictionof a court. Compare arraignment.

appellant Party who initiates an appeal.Sometimes called a petitioner.

appellate court Court having jurisdiction tohear appeals and review a trial court'sprocedure.

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appellee Party against whom an appeal istaken. Sometimes called a respondent.

arbitration Form of alternative disputeresolution in which parties bring dispute to aneutral third party and agree to abide byhis/her decision. A hearing is held at whichboth parties have opportunity to be heard.Decisions usually cannot be appealed.

arraignment In a criminal case, proceeding inwhich accused person appears before judge tohear charges filed against him/her and toenter plea of guilty or not guilty. Sometimescalled preliminary hearing or initialappearance. See also appearance.

arrest To take into custody by legal authority.arrest of judgment Act of delaying the effect of

a judgment already entered.assault Threat to inflict injury with an appar-

ent ability to do so. Also, any intentionaldisplay of force which would give victimreason to fear or expect immediate bodilyharm. Aggravated assault is an attempt tocause serious bodily injury; to purposely,knowingly or recklessly cause such injury.Compare battery.

at issue Point in a lawsuit when complainingparty has stated his/her claim and other sidehas responded with a denial. Contested pointsare said to be ”at issue.”

attachment Proceeding in which a creditorsecures rights to real or personal property andholds it pending outcome of a lawsuit.

attempt Effort to commit a crime, carriedbeyond preparation, but not executed.

attorney-at-law Advocate, counsel or officialagent employed in preparing, managing andtrying cases in the courts.

attorney-in-fact Private person, not neces-sarily an attorney, authorized by another toact in his place and stead, either for a par-ticular purpose, or for transaction of businessin general that is not of legal character.Authority is conferred by an instrument inwriting called a letter of attorney or, morecommonly, power of attorney.

attorney of record Principal attorney in alawsuit who signs all formal documentsrelating to suit.

Bbacklog Number of pending cases exceeding

the capacity of a court which is engaged inacting on other cases.

bail Money or other security (such as a bailbond) given to a court to temporarily secure aperson's release from custody and assurehis/her appearance in court. May be forfeitedshould individual subsequently fail to appearbefore the court. Bail and bond are often usedinterchangeably.

bail authority In Pennsylvania, the districtjustice, magistrate, Philadelphia bail commis-sioner or judge with jurisdiction over the casein question authorized by law to set, modify,revoke or deny bail.

bail bond (often referred to simply as bond)Obligation, signed by accused, to securehis/her presence at trial, and which he/shemay lose by not properly appearing for trial.

bailiff Court attendant who keeps order in thecourtroom and has custody of the jury.

bankruptcy Refers to statutes and judicialproceedings involving persons or businesseswho cannot pay debts and seek assistance ofcourt in getting a fresh start.

bar Historically, partition separating generalpublic from space occupied by judges, lawyersand other participants in a trial. Morecommonly, the whole body of lawyers. A”case at bar” is a case currently beingconsidered.

bar examination State examination taken byprospective lawyers in order to be admitted topractice law.

battery Beating or wrongful physical violence.Actual threat to use force is assault; use of itis battery, which usually includes an assault.Aggravated battery is unlawful use of forcewith unusual or serious consequences, e.g.,use of a dangerous weapon.

bench Seat occupied by the judge. Morebroadly, the court itself.

bench trial Trial without jury, in which thejudge decides the facts.

142

GLOSSARY

bench warrant Order issued by judge for arrestof person.

beneficiary Someone named to receive prop-erty or benefits in a will. Also, person who isto receive benefits from a trust.

bequeath To give someone a gift through a will.bequests Gifts made in a will.best evidence Primary evidence; best evidence

available. Evidence short of this is ”secon-dary.” E.g., an original letter is the bestevidence; a photocopy is secondary evidence.

beyond a reasonable doubt Standard in acriminal case requiring the jury to be sat-isfied to a moral certainty that every elementof the crime has been proven by prosecution.Does not require state to establish absolutecertainty by eliminating all doubt, but doesrequire that evidence be so conclusive that allreasonable doubts are removed from the mindof the ordinary person.

bill Formal written declaration, petition com-plaint or statement of particular things. E.g., adeclaration of wrong a complainant hassuffered is a bill of complaint. Also, a draft ofa new or amended law presented to alegislature for action.

bill of particulars Statement detailing charge/smade against defendant.

bind over To hold a person for trial on bond(bail) or in jail. If judicial official conductingpreliminary hearing finds probable cause tobelieve accused committed a crime, he/shewill ”bind over” accused, normally by settingbail for accused's appearance at trial.

binding instruction Instruction in which jury istold that if it finds certain conditions to betrue, to find for the plaintiff or defendant, asthe case may be. Compare directed verdict.

black letter laws Informal term encompassingbasic principles of law generally accepted bycourts or present in statutes of a particularjurisdiction.

blue sky laws State statutes regulating sale ofsecurities.

bond See bail bond.booking Process of photographing, finger-

printing and recording identifying data of asuspect following arrest.

breach of contract Legally inexcusable failure

to perform contractual obligation.brief Written statement prepared by one side

in a lawsuit to explain to the court its view ofthe facts of a case and applicable law.

burden of proof Necessity or duty to prove afact in a dispute. Not the same as standard ofproof. Burden of proof deals with which sidemust establish a point or points; standard ofproof indicates degree to which point must beproven.

burglary Breaking into and entering a buildingwith intent to commit a felony.

Ccalendar List of cases scheduled for hearing in

court.calling the docket Public calling of the docket

or list of causes at commencement of a courtterm.

capital crime Crime punishable by death.caption Heading on legal document listing

parties, court, case number and relatedinformation.

case law Law based on previous decisions ofappellate courts, particularly the SupremeCourt. Compare common law. See alsostatute.

caseload Total number of cases filed in a givencourt or before a given judicial officer for agiven period of time.

causa mortis gift (KAH zuh MOR tis)Gift ofpersonal property made in expectation ofdonor's death and upon condition that donordie as anticipated.

cause Lawsuit, litigation or action. Any question,civil or criminal, litigated or contested beforea court of justice.

cause of action Facts that give rise to a lawsuit.caveat (KA vee OTT) Warning; note of caution.cease and desist order Order of an adminis-

trative agency or court prohibiting a person orbusiness from continuing a particular courseof conduct.

certification Authorized declaration verifyingthat an instrument is a true and correct copy

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of the original. Also, the process of trans-ferring a juvenile case to criminal court forprosecution.

certiorari (SIR she oh RARE ee) Means of get-ting appellate court to review lower court'sdecision. Loser of case will often ask appellatecourt to issue writ of certiorari, which orderslower court to convey record of case toappellate court and certify it as accurate andcomplete. If appellate court grants writ ofcertiorari, it agrees to take the appeal. Oftenreferred to as ”granting cert.”

challenge Objection, such as when attorneyobjects at voir dire hearing to seating of aparticular person on a jury. May be challengefor cause or peremptory chal-lenge. Seealso challenge to the array.

challenge to the array Questioning the qualifi-cations of an entire jury panel, usually ongrounds of some legal fault in composition ofthe panel, e.g., racial discrimination.

challenge for cause Objection to seating of aparticular juror for a stated reason, usuallybias or prejudice for or against one party inthe lawsuit. Judge has discretion to denychallenge. Compare peremptory challenge.

chambers Judge's private office. A hearing inchambers takes place in judge's office outsidethe of presence of jury and public. See incamera.

change of venire (veh NI ree; popularly pro-nounced veh NEER) Bringing in a jury fromanother county to hear a trial, usually becauseof concerns that pretrial publicity has madeempaneling an impartial jury difficult.Compare change of venue.

change of venue Moving a lawsuit to anotherplace for trial, usually because pretrialpublicity has made empaneling an impartialjury difficult. Compare change of venire.

character evidence Testimony of witnesseswho know the general character and reputa-tion of a person in the community in whichhe/she lives. May be considered by jury aseither substantive evidence as to the likeli-hood of the defendant to commit crime or ascorroborating evidence of the credibility of awitness's testimony.

charge A formal complaint issued accusing anindividual of a crime. Compare indictmentand information. Also, the judge's instruc-tionto the jury concerning law which applies tothe facts of a case. Also called instruc-tion.Compare binding instruction and directedverdict.

circuit court Court whose jurisdiction extendsover several counties or districts and whoseterms are held in various counties or districtsto which jurisdiction extends.

circumstantial evidence Evidence whichmerely suggests something by implication;e.g., physical evidence, such as fingerprints,from which an inference can be drawn.Circumstantial evidence is indirect, asopposed to eyewitness testimony, which isdirect evidence.

citation Reference to source of legal authority.Also, direction to appear in court, as when adefendant is cited into court rather thanarrested.

civil actions Noncriminal cases in which oneprivate individual or business sues another forredress of private or civil rights.

civil procedure Entire process by which a civilcase is tried and appealed.

class action Lawsuit brought by one or morepersons on behalf of a larger group.

clear and convincing evidence Standard ofproof commonly used in civil lawsuits and inregulatory agency cases. Governs amount ofproof that must be offered in order for plaintiffto win case.

clemency (also called executive clemency) Actof grace or mercy by president or governor toease consequences of criminal act, accusationor conviction. May take form of commu-tationor pardon.

clerk of court Officer appointed by court orelected to oversee administrative, nonjudicialactivities of the court.

closing argument Closing statement by coun-sel to the trier of the facts after all partieshave concluded presentations of evidence.

code Collection of laws arranged into chapters,table of contents and index, promulgated bylegislative authority.

codicil (KOD I sill) Addition to a will.

144

GLOSSARY

cognovit actionem (KOG NO vit ACK she OHnem) AHe has confessed the action.@ Writtenconfession of action by a defendant. Usuallyupon condition. Supposed to be given incourt. Implies authorization of plaintiff=s at-torney to sign judgment and issue execution.

collateral Property pledged as security forsatisfaction of a debt.

commit To send a person to prison, asylum orreformatory pursuant to court order ofmittimus.

common law Law arising from tradition andjudicial decisions, rather than from lawspassed by the legislature. Originated inEngland and has been followed as law inmost American jurisdictions. Also called caselaw. See also statute.

Common Pleas Court See Court of CommonPleas.

community service Sentencing option where-by offender performs volunteer work forgovernment, non-profit or community-basedorganizations.

commutation Reduction of sentence, as fromdeath to life imprisonment.

comparative negligence Legal doctrine bywhich acts of opposing parties are comparedto determine liability of each to the other,making each liable only for his/her per-centage of fault. See also contributorynegligence.

complainant Party who complains or sues; onewho applies to court for legal redress. Alsocalled the plaintiff.

complaint Legal document that usually beginsa civil lawsuit. States facts and identifiesaction court is asked to take.

conciliation Form of alternative disputeresolution in which parties bring theirdispute to a neutral third party, who helpslower tensions, improve communications andexplore possible solutions. Similar tomediation, but may be less formal.

concur To agree, act together or consent.Compare concurring opinion under opinion.

concurrent sentence Sentences for more thanone violation which are served at same timerather than one after another. Three five-yearterms served concurrently add up to no more

than five years imprisonment; three five-yearterms served consecutively impose a 15-yearsentence. See also consecutive sentenceand cumulative sentence.

condemnationLegal process by whichgovernment invokes its powers of eminentdomain and takes privately owned realestate for public use, paying owners justcompensation.

confession of judgment Act of a debtor in per-mitting judgment to be entered against him/her by his/her creditor without institution oflegal proceedings.

consecutive sentences Successive sentences,one beginning at the expiration of another,imposed against a person convicted of two ormore violations. See also concurrentsentence and cumulative sentence.

consent decree Disposition in juvenile court inwhich proceedings are suspended and childis continued under supervision in his/herown home under terms and conditionsnegotiated with probation services andagreed to by all parties concerned.

consent judgment Judgment in which theprovisions and terms are agreed to by allparties.

conservatorship Legal right given to a personto manage property and financial affairs of aperson deemed incapable of doing so forhim/herself. See also guardianship. Con-servators have somewhat less responsibilitythan guardians.

consideration Cause, price or impelling influ-ence which induces a party to enter into acontract.

conspiracy Combination of two or morepersons formed for purpose of committingsome unlawful act.

contempt of court Willful disobedience ofjudge's command or official court order.

continuance Postponement of legal proceed-ing to a later date.

contract Legally enforceable agreement be-tween two or more competent parties madeeither orally or in writing.

contributory negligence Legal doctrine thatsays if plaintiff in a civil action for negli-gence was also negligent, he/she cannot

145


recover damages from defendant for defen-dant's negligence. Most jurisdictions haveabandoned this doctrine in favor of com-parative negligence.

conviction Judgment of guilt against a criminaldefendant.

copyright Right to literary property, givingauthors, composers and other creators soleright to reproduce and distribute their workfor a limited period of time.

corpus delicti (COR pus di LICK tye) Body up-onwhich a crime has been committed, e.g., thebody of a homicide victim or charred shell ofa burned house.

corroborating evidence Supplementary evi-dence that tends to strengthen or confirminitial evidence.

count Each separate offense listed in acomplaint, information or indictment.

counterclaim Claim made by defendantagainst plaintiff in a civil lawsuit; in essence,a counter lawsuit within a lawsuit.

court Government entity authorized to resolvelegal disputes. Judges sometimes use court torefer to themselves in the third person, as in”the court has read the briefs.”

court administrator Officer appointed by thecourt or elected to oversee administrative,nonjudicial activities of the court.

court costs Fees and charges required by lawto be paid to court or some of its officers forexpenses of the litigation. Does not includeattorney fees. An amount of money may beawarded to the successful party, recoverablefrom the losing party as reimbursement forcourt costs.

Court of Common Pleas Intermediate originalcourt in some states, including Pennsyl-vania, that usually has civil and criminaljurisdiction. In Pennsylvania, Common PleasCourts also hear appeals from certain stateand most local government agencies andfrom the minor courts. May also be referredto as trial courts.

court of record Courts whose proceedings arepermanently recorded and which havepower to fine or imprison for contempt.

court reporter Stenographer who records andtranscribes a verbatim report of all pro-

ceedings in a court of law.crime Act or omission defined by law for which

a sentence of imprisonment or fine or both isauthorized, upon conviction. Crimes areeither misdemeanors or felonies.

Crimes Code Short title for Title 18 of Purdon'sPennsylvania Statutes, ACrimes and Offenses.@

criminal proceedings All actions for enforce-ment of the penal code.

criminal history record information Informa-tion collected by criminal justice agencies onindividuals with arrest records. Consists ofdescriptions and notations of arrests,detentions, indictments or other formalcriminal charges, dispositions, sentencing,correctional supervision and release. Alsoreferred to as a prior record or rap sheet.

criminal insanity Mental condition whichmakes a person not legally responsible forhis/her acts.

criminal summons Order commanding anaccused to appear in court. May be issued inlieu of arrest warrant for misdemeanorswhen issuing official believes accused willappear in court without being placed underbail.

cross-claim Claim by codefendants or coplain-tiffs against each other, not against personson opposite sides of a lawsuit.

cross-examination Questioning of witnessproduced by other side.

cumulative sentences Sentences for two ormore crimes to run successively rather thanconcurrently. See also concurrent sen-tences and consecutive sentences.

`

Ddamages Money awarded by court to a person

injured by an unlawful act or negligence ofanother person.

de facto In fact. Exercising power as if legallyconstituted. Compare de jure.

de jure (dee JOOR ee) By right; by the law.Exercising power in accordance with thelaw. Compare de facto.

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GLOSSARY

de novo (deh NO vo) Anew. A ”trial de novo” isa new trial of a case.

decedent Deceased person.decision Judgment reached or given by a court

of law.declaratory judgmentJudgment which, with-out

need for enforcement, declares the rights ofparties or the interpretation of law. E.g., acourt may be asked to issue a declaratoryjudgment on the constitutionality of a statute.

decree Order of the court. A final decree is onewhich fully and finally disposes of litigation.An interlocutory decree is a preliminaryorder that often disposes of only part of alawsuit.

defamation Holding up of person to ridicule,scorn or contempt in a respectable andconsiderable part of a community. May becriminal or civil. Includes libel and slander.

default Failure to respond to a lawsuit withinspecified time. When defendant does notrespond in timely fashion or does not appearat trial, a ”default judgment” is enteredagainst him/her.

defendant In a civil case, the person beingsued. In a criminal case, the person chargedwith a crime.

demurrer (dih MUR rer) Motion to dismiss acivil case because of complaint's legalinsufficiency.

deposition Testimony of a witness taken underoath in preparation for a trial.

descent and distribution statutes State lawsthat provide for distribution of estate prop-erty when a person dies without a will. Sameas intestacy laws.

direct evidence Proof of facts by witnesseswho saw acts done or heard words spoken,as distinguished from circumstantial, orindirect, evidence.

direct examination First questioning of wit-nesses by the party on whose behalf they arecalled.

directed verdict Instruction by judge to jury toreturn a specific verdict. Compare bindinginstruction.

disbarment Form of disciplining a lawyerresulting in loss, permanently or tempo-rarily, of his/her right to practice law.

disclaim To refuse a gift made in a will.discovery Pretrial process by which one party

discovers evidence that will be relied upon atthe trial by opposing party.

dismissal Termination of lawsuit. A ”dismissalwithout prejudice” permits the suit to be filedagain at a later time. A ”dismissal withprejudice” prevents the lawsuit from beingfiled later.

dissent Appellate court opinion setting forth aminority view and outlining the disa-greement of one or more judges with thedecision of the majority.

diversion Process of removing some minorcriminal, traffic or juvenile cases from fulljudicial process, on condition that accusedundergo some sort of rehabilitation or makerestitution for damages. May take placebefore the trial or its equivalent, as when ajuvenile accused of crime consents toprobation without admission of guilt. If he/she completes probation successfully -- e.g.,takes a course, makes amends for crime --then entire matter may be expunged fromrecord.

docket List of cases to be heard by court. Also,log containing brief entries of courtproceedings.

domicile Place where a person has his/herpermanent, legal home. A person may haveseveral residences, but only one domicile.

double jeopardy Putting a person on trial morethan once for the same crime. Forbidden byFifth Amendment to the U.S. Constitution.

due process of law Right of all persons toreceive guarantees and safeguards of lawand judicial process. Includes such constitu-tional requirements as adequate notice;assistance of counsel; and rights to remainsilent, to a speedy and public trial, to animpartial jury, and to confront and securewitnesses.

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Eelectronic monitoring Type of sentencing or

arrest wherein the convicted or the accusedis required to wear an electronic devicewhich transmits the individual=s where-abouts to a receiver that is monitored forviolations. Usually used in connection withhouse arrest.

elements of a crime Specific factors that de-fine a crime, all of which the prosecutionmust prove beyond reasonable doubt in orderto obtain conviction. Elements that must beproven are (1) that a crime actually occurred,(2) that the accused intended the crime tohappen, (3) a timely relationship betweenfirst two factors. See also actus rea andmens rea.

embezzlement Fraudulent appropriation by aperson for his/her own use or benefit ofproperty or money entrusted to him/her byanother.

eminent domain Power of the government totake private property for public use throughcondemnation.

en banc All judges of a court sitting together.Appellate courts can consist of a dozen ormore judges, but often they hear cases inpanels of three judges. If a case is heard orreheard by the full court, it is heard en banc.

encumbrance Claim against property.enjoin To require a person, through issuance of

an injunction, to perform or to abstain fromsome specific act.

entrapment Defense to criminal charges alleg-ing that agents of the government induced aperson to commit a crime he/she other-wisewould not have committed.

equal protection of the law Guarantee inFourteenth Amendment to U.S. Constitutionthat all persons be treated equally by thelaw. Court decisions have established thatthis guarantee requires courts be open to allpersons on the same conditions, with likerules of evidence and modes of procedure;that persons be subject to no restrictions inacquisition of property, enjoyment of per-sonal liberty, and pursuit of happiness, which

do not generally affect others; that personsare liable to no other or greater burdens thanare laid upon others; and that no different orgreater punishment is enforced against themfor violation of laws.

equitable action Action which may be broughtfor purpose of restraining threatened in-fliction of wrongs or injuries, and preventionof threatened illegal action.

equity Generally, justice or fairness. Histor-ically, refers to a separate body of lawdeveloped in England in reaction to theinability of common law courts, in strictadherence to rigid writs and forms of action,to consider or provide remedy for everyinjury. The king established a court ofchancery to do justice between parties incases where common law would giveinadequate redress. The principle of thisjurisprudence is that equity will find a way toachieve lawful results when legal procedureis inadequate. Equity and law courts are nowmerged in most jurisdictions, though equityjurisprudence and equitable doctrines arestill independently viable.

escheat (iss SHEET) Process by which de-ceased person's property goes to the state ifno heir can be found.

escrow Money or written instrument such as adeed which, by agreement between twoparties, is held by a neutral third party (”heldin escrow”) until all conditions of agreementare met.

estate Personal property (car, household goodsand other tangible items); real property; andintangible property (stock certificates, bankaccounts, etc.), owned in individual name ofa person at time of person's death. Does notinclude life insurance proceeds unless estatewas made beneficiary or other assets thatpass outside the estate, (e.g., joint tenancyassets).

estate tax Generally, tax on the privilege oftransferring property to others after person'sdeath. In addition to federal estate taxes,many states have their own estate taxes.

estoppel Person's own act or acceptance offacts which precludes later claims to thecontrary. Arises when one is forbidden by

148

GLOSSARY

law to speak against his/her previous actionsor deeds.

et al. And others.evidence Information presented in testimony or

in documents, used to persuade a fact finder(judge or jury) to decide a case for one side orthe other. See also specific types, includingadmissible, best, char-acter,circumstantial, clear and con-vincing,corroborating, direct, and expert evidence.

ex delicto (ex dee LICK toh) Arising from awrong; breach of duty. Compare tort.

ex parte (ex PART ee) On behalf of only oneparty, without notice to any other party. E.g.,request for a search warrant is an ex parteproceeding since person subject to thesearch is not notified of proceeding and isnot present during hearing.

ex parte proceeding One in which only oneside is represented. Differs from adversarysystem or proceeding.

ex post facto (ex post FAC toh) After thefact. E.g., ex post facto laws are laws thatpermit conviction and punishment for alawful act performed before law waschanged and act was made illegal. Theconstitution prohibits these.

exceptions Declarations by either side in a civilor criminal case reserving right to appealjudge's ruling upon a motion. Also, inregulatory cases, objections by either side topoints made by other side or to rulings by anagency or one of its hearing officers.

exclusionary rule Rule preventing illegallyobtained evidence to be used in any trial. Seesuppress.

execute (a judgment or decree) To put finaljudgment of court into effect.

executor/executrix Personal representative,named in a will, who administers an estate,executor being male, executrix being female.

exempt property In bankruptcy proceedingsrefers to certain property protected by lawfrom creditors.

exhibit Document or other article introduced asevidence during trial or hearing.

exonerate Removal of charge, duty orresponsibility.

expert evidence Testimony relating to scien-

tific, technical or professional matters givenby persons particularly qualified by reason ofspecial training, skill or familiarity withsubject.

expungement Official and formal erasure of arecord or partial contents of a record.Compare purge.

extenuating circumstances Circumstanceswhich render a crime less aggravated,heinous or reprehensible than it wouldotherwise be. Compare aggravating cir-cumstances and mitigating circumstances.

extortion Illegally obtaining money or propertyby force, threat, intimidation, or undue orillegal power.

extradition Process by which one statesurrenders to another state a person accusedor convicted of a crime in the requestingstate.

Ffair comment Term used in libel law applying

to statements made by writer in honest beliefof truth, relating to official acts, even thoughstatements are not in fact true.

false arrest Any unlawful physical restraint ofanother's liberty or freedom of movement.

false pretenses Designed misrepresentation ofexisting fact or condition in order to obtainanother's money or goods.

family allowance Small amount of money setaside from estate of deceased to provide forsurviving family members during adminis-tration of the estate.

family court Court having jurisdiction oversuch family matters as child abuse andneglect, support, paternity, and custody.

felony A crime of graver nature than amisdemeanor, usually punishable byimprisonment in a penitentiary for more thana year and/or substantial fines.

fidelity bond Bond purchased at expense ofestate to insure executor's proper perfor-mance. Often called surety bond.

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fiduciary (fih DOO she AIR ee) Person havinga legal relationship of trust and confidence toanother and a duty to act primarily for other'sbenefit, e.g., guardian, trustee or executor.

file To place a paper in official custody of clerkof court/court administrator to enter into filesor records of a case.

finding Formal conclusion by judge orregulatory agency on issues of fact. Also,conclusion by jury regarding a fact.

fine Money penalty imposed in criminal or civilaction.

first appearance Initial appearance of arrestedperson before judge to determine whether ornot there is probable cause for his/her arrest.Person generally comes before judge withinhours of arrest. Also called initialappearance.

forcible entry and detainer Summary pro-ceeding for restoring possession of land toone who has been wrongfully deprived of it.

forgery Falsely and fraudulently making oraltering a document, e.g., a check.

fraud Intentional deception to deprive anotherperson of property or to injure that person insome other way.

Ggarnishment Legal proceeding in which a

debtor's money, in possession of another, isapplied to the debts of the debtor, such aswhen one's wages are garnished.

general jurisdiction Jurisdiction which ex-tends to all controversies brought before acourt. Compare limited jurisdiction.

good faith Honest belief; the absence of maliceand design to defraud.

good time Reduction in sentenced time inprison as reward for good behavior; usuallyone-third to one-half off maximum sentence.

grand jury Group of citizens, usually number-ing 23, who are assembled in secret to hearor investigate allegations of criminalbehavior. Has authority to conduct criminalinvestigations and to charge a crime by

indictment. Also may have power to issuereport, or presentment, without charging acrime. Compare petit jury.

granting cert See certiorari.grantor Person who sets up a trust. Also called

settlor.gravamen (gruh VAY men) Material or signifi-

cant part of a grievance or complaint.guardian ad litem (add LYE dem) Person ap-

pointed by a court to look after interests of aminor or incapacitated person whoseproperty or rights are involved in litigation.

guardianship Legal right given to a person tobe responsible for the housing, health careand other necessities of a person deemedincapable of providing these necessities forhim/herself. Guardian may also be givenresponsibility for person's financial affairs,and thus perform additionally as aconservator. See also conservatorship.

guilty Plea made by accused when he/sheconfesses crime with which charged. Also,verdict reached when jury votes to convictdefendant of crime with which charged.Compare acquittal.

Hhabeas corpus (HAY be us KOR pus) Writ

which commands that a person be broughtbefore a judge. Most commonly, a legaldocument that forces law enforcementauthorities to produce a prisoner they areholding and to legally justify his/herdetention.

harmless error Error committed during trialwhich was corrected or was not seriousenough to affect outcome of trial and,therefore, was not sufficiently harmful (prej-udicial) to be reversed on appeal. Compareprejudicial error and reversible error.

hearsay Evidence not within the personalknowledge of a witness but relayed towitness by third party. Generally notadmissible in court, although exceptions existunder which it can be admitted.

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GLOSSARY

holographic will Unwitnessed will writtenentirely by testator in his/her ownhandwriting.

homicide Killing of one human being byanother.

hostile witness Witness whose testimony isnot favorable to the party who calls him/heras witness. May be asked leading ques-tions and may be cross-examined by partywho calls him/her to stand.

house arrest Sentence or type of arrestwhereby the convicted or arrested individ-ual is confined to his/her residence except forpreaprroved trips, including medicalappointments, employment, performance ofcommunity service, etc. Occasionally used inconnection with electronic monitoring.

hung jury Jury unable to reach a verdict.hypothetical question Imaginary situation,

incorporating facts previously admitted intoevidence, upon which an expert witness ispermitted to give an opinion as to conditionresulting from situation. Most often asked ofmedical experts in personal injury suits.

Iimmediate cause Spatially and chronolog-

ically the last act in a series of acts whichcauses an event, particularly an injury, tooccur. May or may not also be the proximatecause. An event may have more than oneproximate cause, but only one immediatecause.

impeach To attack credibility of a witness bytestimony of other witnesses or otherevidence.

immunity Grant by court in which one will notface prosecution in return for providingcriminal evidence. Differs from sovereignimmunity.

in camera In chambers, or in private. Ahearing in camera takes place in judge'soffice outside of the presence of jury andpublic. See chambers.

in forma pauperis (in FORM uh PAH per us) Inthe manner of a pauper. Permission given to

a person to sue without payment of courtfees on claim of indigence or poverty.

in personam (in per SO nam) Procedural termused to designate proceedings or actionsinstituted against the person. Compare inrem.

in propria persona (in PRO pree uh per SOnuh) In court, refers to persons who presenttheir own cases without lawyers. See pro se.

in rem Procedural term used to designateproceedings or actions instituted against thething. Compare in personam.

inadmissible That which under rules ofevidence cannot be admitted or received asevidence.

incarcerate To confine in jail.incompetent Person lacking the capacity, legal

qualification, or fitness to manage personalaffairs or to discharge required duty.Guardian may be appointed to conduct affairsor protect interest of an incompetent.

indemnity Liability or loss shifted from oneperson held legally responsible to another.

independent executor Special kind of execu-tor, permitted by laws of certain states, whoperforms duties of executor without inter-vention by court.

indeterminate sentence Sentence of impris-onment to a specified minimum andmaximum period of time, specificallyauthorized by statute, subject to terminationby parole board or other authorized agencyafter prisoner has served minimum term.

indictment Accusation by a grand jury charg-ing a person with a crime. Compare chargeand information.

indigent Needy or impoverished. Defendantwho can demonstrate his/her indigence tothe court may be assigned a court-appointedattorney at public expense.

inferior court Usually refers to court of special,limited or statutory jurisdiction. May alsodenote any court subordinate to chiefappellate court. See limited jurisdiction.

information Formal accusation of a crime filedby a prosecutor, detailing charges against adefendant. Serves to bring defendant to trialin states without grand juries. Comparecharge and indictment.

151


infraction Violation of law not punishable byimprisonment, e.g., minor traffic offenses.

inheritance tax State tax on property that anheir or beneficiary under a will receives fromdeceased person's estate. Heir or beneficiarypays this tax.

initial appearance Initial appearance of anarrested person before a judge to determinewhether or not there is probable cause forhis/her arrest. Person generally comes beforejudge within hours of arrest. Also called firstappearance.

injunction Preventive measure by which acourt orders a party to refrain from doing aparticular act. A preliminary injunction isgranted provisionally, until full hearing canbe held to determine if it should be madepermanent.

instructions Judge's directions to jury regard-ing law in a case and jury's authority todetermine facts and draw inferences fromfacts in order to reach a verdict. Also calledcharge. Compare binding instruction anddirected verdict.

insufficiency Legally inadequate answer toone or more allegations, charges orinterrogatories set forth in the bill ofparticulars.

intake Court process whereby a decision ismade on how to proceed in a juvenile case.

intangible assets Nonphysical items such asstock certificates, bonds, bank accounts andpension benefits that have value and must betaken into account in estate planning.

integrated bar Organized state bar associationto which every lawyer in a state must belongin order to be permitted to practice in thatstate.

inter alia (IN ter uh LEE uh) Subpoena toproduce documents or things that does notrequire party or witness to testify or attend.

inter vivos gift (IN ter VEE VOHS) Gift madeduring giver's life.

inter vivos trust Another name for living trust.interlocutory Provisional; not final. An inter-

locutory order or interlocutory appealconcerns only part of the issues raised in alawsuit.

intermediate punishment Set of sentencingoptions more severe than probation but notas severe as incarceration. Includes, amongother options, electronic monitoring,intensive supervision, and residential drugand alcohol treatment. May or may notinvolve housing of offender.

interpleader Proceeding which enables aperson to force parties making the sameclaim against him to litigate the issuebetween themselves and not with him.

interrogatories Written questions asked by oneparty of an adverse party for which writtenanswers must be provided. See alsodepositions.

intervention Action by which a third personwho may be affected by a lawsuit ispermitted to become party to the suit. Differsfrom the process by which one becomes anamicus curiae.

intestacy laws (in TES ta see) See descent anddistribution statutes.

intestate One who dies without leaving a will.Also, not disposed of by a will, as in anintestate estate.

intestate succession Process by which prop-erty of person who has died without a will orwhose will has been revoked passes on toothers. Compare descent and distri-butionstatutes.

irrelevant Evidence not related or applicable toa matter in issue at a trial and thus notadmissible, upon objection.

irrevocable trust (ear REV o ca ble) Trust that,once set up, grantor may not revoke.

issue Disputed point or question to whichparties to a case have narrowed theirdisagreement; a single material point which isaffirmed by one side and denied by other. Whenplaintiff and defendant have reached this pointthey are said to be ”at issue.” When defendanthas filed an answer denying all or part of theallegations of complaint, the ”issue has beenjoined” and case is ready to be set for trial. Also,to send out officially (to issue an order).

152

GLOSSARY

JjoinderJoining of parties, e.g., as plaintiffs or

defendants in a suit.joint and several liability Legal doctrine which

makes each party responsible for an injuryliable for all damages awarded in a lawsuit ifother parties cannot pay.

joint tenancy Form of legal co-ownership ofproperty (also known as survivorship). Atdeath of one co-owner, surviving co-ownerbecomes sole owner of property. Tenancy bythe entirety is a special form of joint tenancybetween husband and wife.

judicial officer In broad sense refers to anofficer of a court. In strictest sense refers toan officer who determines causes betweenparties or renders decisions in a judicialcapacity.

judge Elected or appointed public official withauthority to hear and decide cases in a courtof law. Judge Pro Tem is a temporary judge.

judgment Final disposition of a lawsuit.Default judgment is judgment renderedbecause of defendant's failure to answer orappear. Summary judgment is judgmentgiven on basis of pleadings, affidavits andexhibits presented for record, without anyneed for trial. Used when there is no dis-pute as to the facts of a case and one party isentitled to judgment as a matter of law.Consent judgment occurs when provisionsand terms of judgment are agreed on by theparties and submitted to a court for itssanction and approval. Judgment nonobstante veredicto, or ”judgment n.o.v.,” i.e.,”judgment notwithstanding the verdict,” isthe judge's decision to decide a case contraryto jury's verdict. May be made in a civil orcriminal case. See also declaratoryjudgment.

judicial review Authority of court to reviewofficial actions of other branches ofgovernment; also, authority to declareunconstitutional actions of other branches.

Judiciary Act Repealer Act (JARA) Act of 1978that enacted 42 Pa.C.S., Pennsylvania'sJudicial Code.

juridical (juh RID ih kul) Relating to admini-stration of justice or the office of a judge.

juridical day Day on which a court is insession.

Juris Doctor Law degree bestowed on stu-dents academically eligible to practice law.

jurisdiction Nature and scope of a court'sauthority to hear and/or decide a case. Also,territory from which a court is authorized tohear cases.

jurisprudence Science or philosophy of law.jurist One who is skilled or versed in the law.jury Certain number of persons selected

according to law and sworn to inquire intomatters of fact and declare the truth aboutmatters laid before them. See grand jury andpetit jury.

jury commissioner Court officer responsible forchoosing the panel of persons to serve aspotential jurors for a particular court term.

justiciable (jus TISH ee uh b'l) Issues andclaims properly examined in court.

juvenile Young person who has not yet reachedage at which he/she could be treated as adultfor purposes of criminal law.

juvenile court Court having special jurisdic-tion over delinquent and neglected children.

Kkidnapping Unlawful taking and carrying away

of a human being by force and against his/herwill.

King's Bench power Extraordinary jurisdictiongiven some high courts, including Pennsylva-nia's Supreme Court, to assume adjudicationof any case pending before a lower courtwhich involves issue of immediate publicimportance. In Pennsylvania the SupremeCourt can do this on its own or upon petitionfrom any party.

knowingly With knowledge; willfully or inten-tionally with respect to a material element ofan offense.

153


Llack of jurisdiction Lack of power of a court to

act in a particular manner or to give certainkinds of relief.

lapsed gift Gift made in a will to a person whodied before will-maker.

larceny Unlawfully taking personal propertywith intent to deprive owner of itpermanently. Popularly called theft.

law Combination of those rules and principles ofconduct promulgated by legislative authority,derived from court decisions and establishedby local custom.

law clerks Persons trained in law who assistjudges in researching legal opinions.

leading question Question which suggestsanswer desired of witness. Generally may beasked only of a hostile witness and on cross-examination.

leave of court Permission received from a courtto take an action which would not beallowable without such permission.

legal aid Professional legal services availableusually to persons or organizations unable toafford such services.

legislative history Background of action by alegislature, including testimony before com-mittees, written reports and debates on thelegislation.

leniency Recommendation by prosecutor tojudge for a sentence less than maximumallowed.

letters of administration Legal document is-sued by court showing administrator's legalright to take control of assets in a deceasedperson's name.

letters testamentary Legal document issuedby court that shows executor's legal right totake control of assets in a deceased person'sname.

levy Seizure. Act of appropriating certainproperty of a debtor for satisfaction of ajudgment for payment of money.

liable Legally responsible for.libel Published words or pictures that falsely

and maliciously defame a person. Compareslander and fair comment.

lien Legal claim against another person'sproperty as security for a debt. Does notconvey ownership of property, but giveslienholder a right to have his/her debtsatisfied out of proceeds of the sale of theproperty if debt is not otherwise paid.

limine (LIM ih nee) Motion requesting thatcourt exclude certain evidence that mightprejudice jury.

limited action Civil action in which recovery ofless than a certain amount as specified bystatute is sought.

limited jurisdiction Refers to courts limited intypes of criminal and civil cases they mayhear. E.g., traffic violations are generallyheard by limited jurisdiction courts. In Penn-sylvania these courts include district justicecourts, Philadelphia Municipal Court, Phila-delphia Traffic Court and Pittsburgh Magis-trates Court. Also called minor courts. See in-ferior court. Compare general jurisdiction.

lis pendens (liss PEN DENZ) Pending suit. Le-gal notice that dispute exists which may affecttitle to a certain tract of land.

litigant Party to a lawsuit.litigation Case, controversy or lawsuit.living trust Trust set up and in effect during

lifetime of grantor. Also called inter vivostrust.

locus delicti (LOW cuss deh LICK tye) Placeof the offense.

Mmagistrate Local judiciary official having lim-

ited original jurisdiction especially in criminalcases. Also often used to refer to a judge.

mala in se (MAL uh in see) ”Evil in itself.”Behavior universally regarded as criminal, e.g,murder. Compare mala prohibita.

mala prohibita (MAL uh PRO HIB ih duh)Behavior that is criminal only because societydefines it as such, e.g., polygamy. Comparemala in se.

malfeasance Evil doing, ill conduct; com-mission of some act which is positivelyprohibited by law.

154

GLOSSARY

malice Intentionally doing a wrongful actwithout just cause or excuse, with intent toinflict injury or under circumstances that lawwill imply as evil intent.

malicious prosecution Action instituted withintention of injuring defendant and withoutprobable cause, and which terminates in favorof the person prosecuted.

mandamus (man DAY mus) Writ issued by acourt ordering a public official to perform anact.

mandate Judicial command or order proceedingfrom court or judicial officer, directing properofficer to enforce judgment, sentence ordecree.

manslaughter Unlawful killing of anotherwithout intent to kill. May be voluntary, i.e.,upon sudden impulse, e.g., a quarrel eruptsinto a fistfight in which a participant is killed;or involuntary, i.e., committed duringcommission of an unlawful act not ordinarilyexpected to result in great bodily harm, orduring commission of a lawful act withoutproper caution, e.g., driving an automobile atexcessive speed resulting in fatal collision. Compare murder.

master Officer of the court, usually an attorney,appointed for the purpose of taking testimonyand making a report to the court.

material evidence Evidence that is relevantand goes to substantiate issues in a dispute.

mediation Form of alternative dispute reso-lution in which parties bring their dispute toa neutral third party, who helps them agreeon settlement.

memorialized In writing.mens rea (menz REE uh) The ”guilty mind”

necessary to establish criminal responsibility.Miranda rule Requirement that police tell a

suspect in custody his/her constitutional rightsbefore questioning him/her. Named after U.S.Supreme Court case Miranda v. Ari-zonaruling establishing such requirements.

misdemeanor Criminal offenses consideredless serious than felonies. Generally punish-able by fine or limited local jail term, but notby imprisonment in state penitentiary.

mistrial Trial terminated before a verdict isreached, either because of some extraor-dinary circumstance, because of fundamental

error prejudicial to the defendant (such as animproper drawing of jurors), or because of ahung jury.

mitigating circumstances Circumstanceswhich do not constitute justification forcommitting an offense, but which may serveto reduce degree of blame. May help reducesentence of individual convicted of offense.Compare aggravating circumstances andextenuating circumstances.

mittimus (MIT ih mus) Written precept issuedfrom a court directing sheriff or other officer toconvey a person to prison and directing jailerto receive and safely keep that person untilhe/she is to be delivered by due course oflaw.

moot Moot case or moot point is one notsubject to judicial determination because itinvolves an abstract question or pretendedcontroversy which has not yet actually arisenor has already passed. Usually refers tocourt's refusal to consider a case becauseissue involved has been resolved prior tocourt's decision, leaving nothing which wouldbe affected by court's decision.

moral turpitude Immorality. Element of crimesinherently bad (mala in se) as opposed tocrimes bad merely because of statute (malaprohibita). Compare mens rea.

motion Application for a rule or order made toa court or judge.

multiplicity of actions Two or more separateand unnecessary attempts to litigate the samecause of action.

municipal courts Courts whose territorial au-thority is confined to the city or community inwhich they are erected. They usually havesummary jurisdiction over minor offenses anda limited number of misdemeanors. Occa-sionally also possess limited civil jurisdiction. Pennsylvania has one municipal court, thePhiladelphia Municipal Court.

murder Unlawful killing of a human being withmalice aforethought. First degree murder ischaracterized by premeditation; seconddegree murder by sudden and instantaneousintent to kill or to cause injury without caringwhether injury kills or not. Pennsylvania and

155


some other states also allow for third degreemurder, which is murder committed by aperson engaged in commission of a felony.Compare manslaughter.

Nnegligence Failure to exercise that degree of

care which a reasonable person would ex-ercise under the same circumstances. Seealso comparative negligence and contrib-utory negligence.

neighborhood justice center In many areas ofthe country, neighborhood justice centers helpparties resolve disputes outside the traditionaljustice system, through arbi-tration,mediation or some other form of alternativedispute resolution.

next friend One acting without formal appoint-ment as guardian for benefit of infant orperson of unsound mind not judiciallydeclared incompetent, or other person undersome disability.

no bill This phrase, endorsed by a grand juryon written indictment submitted to it for itsapproval, means that evidence was foundinsufficient to indict.

no contest See nolo contendere.no-contest clause Language in a will pro-

viding that a person who makes a legalchallenge to the will's validity will bedisinherited.

”no-fault” proceeding Civil case in whichparties may resolve a dispute without formalfinding of error or fault.

nol pros Abbreviation of nolle prosequi.nolle prosequi (NAHL ee PROS eh KWEE)

Decision by prosecutor not to go forward withcharge of a crime. Translates, ”I do notchoose to prosecute.” Also called ”nol pros.”

nolo contendere (NO LO con TEN deh ree)Plea of no contest. In many jurisdictions anexpression that a matter will not be contested,but without admission of guilt. In otherjurisdictions an admission of charges,equivalent to a guilty plea.

nominal party One joined as a party or defen-dant because the technical rules of pleadingrequire his/her presence in the record.

non compos mentis (non COM pos MENT iss)Not of sound mind.

non obstante veredicto (non ob STANT ee ver eh DICK toh) Notwithstanding the ver-dict. Verdict entered by judge contrary tojury's verdict. See judgment.

non prosequitur (non preh SEK wit tur) Judg-ment entered at request of defendant whenplaintiff, at any stage of proceedings, fails toprosecute his/her action or any part of it indue time. Call Anon pros@ for short.

non pros Abbreviation of non prosequitur.notice Formal notification to a party that a civil

lawsuit has been filed against him/her. Also,any form of notification of legal proceeding.

nuisance Offensive, annoying, unpleasant orobnoxious thing or practice; a cause or sourceof annoyance that arises from unreasonablyunwarranted or unlawful use by a person of aproperty.

nunc pro tunc Legal phrase applied to actsallowed after the time when they should bedone, with a retroactive effect.

nuncupative will (nun KYOO puh tive) An oralwill.

Ooath Written or oral pledge by a person to keep

a promise or speak the truth.objection Process by which one party takes

exception to some statement or procedure.Objection is either sustained or overruled bythe judge.

”on his own recognizance” Release of a per-son from custody without payment of any bailor posting of bond. See personalrecognizance.

one-day, one-trial jury service Innovation inmany jurisdictions which requires prospec-tive jurors to serve for only one day if they arenot chosen for a jury or for only one trial ifchosen.

156

GLOSSARY

opening statement Initial statement made in atrial by attorneys for each side, outlining thefacts each intends to establish during the trial.

opinion Written decision of an appellate court.A majority or plurality opinion expressescourt's decision. A concurring opinion gener-ally agrees with the majority, but usuallystates different or additional reasons forreaching the same conclusion. A dissentingopinion states the opinion of judges whodisagree with the majority. A per curiamopinion is an unsigned opinion ”of the court.”

opinion evidence What a witness thinks,believes or infers with respect to certain facts,as distinguished from personal know-ledge ofthe facts. Generally admissible only whengiven by an expert witness unless opinion isbased on matters common to lay persons.

ordinance Municipal law regulating conduct ordefining misdemeanor crimes.

oral argument Opportunity for lawyers tosummarize their positions before the court andalso answer judges' questions.

order Written or oral command from a courtdirecting or forbidding an action.

ordinance Local law adopted by a municipality.overrule Judge's decision not to allow an

objection. Also, decision by higher courtfinding that lower court decision was in error.

overt act Act essential to establishment ofintent to commit a crime and done to carry outor in furtherance of intention.

Ppain and suffering Term used to describe not

only physical discomfort and distress but alsomental and emotional trauma, which arerecoverable as an element of damage in torts.

pardon Form of executive clemency pre-venting criminal prosecution or removing orextinguishing a criminal conviction.

parens patriae (PAH renz PATE ree eye) Doctrine under which a court protects the

interests of a juvenile.parole Supervised conditional release of a

prisoner before expiration of his/her sen-tence. If parolee observes conditions, he/sheneed not serve remainder of his/her term.

party Person, business or government agencyactively involved in prosecution or defense ofa legal proceeding.

patent Government grant giving an inventorexclusive right to make or sell his/herinvention for a term of years.

penal Of, relating to or involving punishment,penalties or punitive institutions.

penal code Code of laws concerning crimes andoffenses and their punishment.

pendente lite (pen DEN the LYE the) Duringactual progress of a suit.

per curiam (per KYUR ee uhm) By the court.Distinguishes an opinion of the whole courtfrom an opinion written by any one judge. Compare opinion.

peremptory challenge (peh REMP teh ree) Challenge which may be used to reject acertain number of prospective jurors withoutgiving reason. Compare challenge for cause.

perjury Criminal offense of making a falsestatement under oath.

permanent injunctionCourt order requiring orforbidding action until final termination of aparticular suit. Differs from forms oftemporary relief, as temporary restrainingorder or preliminary injunction.

”person in need of supervision” Also calledstatus offender. Juvenile found to havecommitted a status offense that wouldprovide basis for a finding of delinquency. Indifferent states, status offenders are alsoknown as ”children in need of supervision” or”minors in need of supervision.”

personal jurisdiction Power of a court overthe person of a defendant, in contrast tojurisdiction over the defendant's property.

personal property Tangible physical propertyconsisting of things temporary or movablesuch as cars, clothing and furniture. Does notinclude real property such as land or rights inland.

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personal recognizance Pretrial release of adefendant without bail upon his/her promiseto return to court. Also known as releasingone ”on his own recognizance.”

personal representative Person who admin-isters an estate. If named in will, person'stitle is executor/executrix. If no valid willexists, person's title is administrator/administratrix.

petit jury (PEH tee) Jury for the trial of a civil orcriminal case, composed of six to twelvepersons. Compare grand jury.

petition Filed pleading which commenceslitigation in a civil case. Contains allega-tions and a request for relief and/or forrecovery of money by plaintiff.

petitioner Person filing an action in a court oforiginal jurisdiction. Also, person whoappeals judgment of a lower court. Opposingparty is called the respondent.

plaintiff Person who brings a civil lawsuit. Alsocalled complainant.

plea Defendant's declaration in open court ina criminal proceeding that he/she is guilty ornot guilty. Defendant's answer to chargesmade in an indictment or information.

plea bargaining Process through which anaccused person and prosecutor negotiate amutually satisfactory disposition of a case.Usually a legal transaction in which defen-dant pleads guilty in exchange for some formof leniency. Often involves guilty plea tolesser charges or guilty plea to some of thecharges if other charges are dropped.

pleadings Written statements of fact and lawfiled by parties to a lawsuit.

plenary action (PLEH nuh ry) Complete, formalhearing or trial on merits as distinguishedfrom voluntary hearing, which is less strictand more informal.

polling the jury Act of asking jurors individ-ually after verdict has been announced,whether they agree with verdict.

pour-over will Will that leaves some or allestate assets to a trust established before will-maker's death.

power of attorney Formal authorization of aperson to act in the interests of a person

incapable of managing his/her own affairs orproperty. See attorney-in-fact.

praecipe (PRESS ih pee) Any of various legalwrits commanding a person to do somethingor to appear and show cause why he/sheshould not. Also, written order requestingclerk or prothonotary of a court to issue a writand specifying contents of writ.

precedent Previously decided case whichguides decisions of future cases. Comparestare decisis.

precept An order issued by a legally consti-tuted authority commanding a subordinateofficial to perform some act within the scopeof the official's powers.

prejudicial error Error committed during a trialwhich was harmful enough to affect outcomeof trial and which warrants reversal injudgment by appellate court. Compareharmless error and reversible error.

preliminary hearing In criminal law, hearingat which a judge determines whether evi-dence is sufficient against a person chargedwith a crime to warrant holding him/her fortrial. Constitution bans secret accusations sopreliminary hearings are public unlessdefendant asks otherwise. Accused must bepresent and accompanied by legal counsel.

preliminary injunction Court order requiring orforbidding an action until a decision can bemade whether to issue a permanentinjunction. Differs from temporary re-straining order.

premeditation Decision or plan to commit acrime.

preponderance of evidence Greater weight ofevidence, a common standard of proof in civilcases. See weight of evidence.

pre-sentencing report Report to sentencingjudge containing background informationabout crime and defendant to assist judge inmaking his/her sentencing decision. Some-times called sentencing report.

presentment Declaration or document issuedby grand jury that either makes a neutralreport or notes misdeeds by officials chargedwith specified public duties. Ordinarily doesnot include a formal charge of crime. Differsfrom indictment.

158

GLOSSARY

presumption of innocence Every defendantenters a trial with the presumption thathe/she is innocent. Prosecution must proveguilt by competent evidence. Jury's verdict ofguilty removes presumption.

presumption of law Rule of law that courtsand judges shall draw a particular inferencefrom a particular fact or evidence.

pretermitted child (PRE ter MITT ed) Childborn after a will is executed, who is notprovided for by the will. Most states havelaws that provide for a share of estateproperty to go to such children.

pre-trial conference Meeting between judgeand lawyers involved in a lawsuit to narrowissues in a suit, agree on what will bepresented at the trial, and make a final effortto settle case without trial.

prima facie case (PREE muh FAH sheh) Casethat is sufficient, i.e., has minimum amount ofevidence necessary, to allow it to continue inthe judicial process.

prima facie evidence Uncontradicted evidencesufficient to bring a case to court and sustaina finding in favor of the side it supports.

prior restraint Restraint on publication beforeit is published. Prohibited by constitution.

pro bono publico AFor the public good.@ Whenlawyers represent clients without a fee, theyare said to be working pro bono publico.

pro se (pro see) Person acting as his/her ownattorney, whether or not he/she is a lawyer. Also refers to small claims courts in somejurisdictions. See in propria persona.

probable cause Sufficient legal reasons forallowing search and seizure or arrest of aperson.

probate Process of proving a will is valid andshould be carried out. Also refers moregenerally to law governing estates.

probate court Court with authority to super-vise estate administration.

probate estate Estate property that may bedisposed of by a will.

probation Alternative to imprisonment allow-ing a person found guilty of offense to stay inthe community, usually under conditions andunder supervision of a probation officer.

Violation of probation can lead to its revo-cation and to imprisonment.

proceeding A legal action. The action ofconducting juridical business before a court orjudicial officer.

procedural law Law which prescribes themethod of enforcing rights or of obtainingredress for invasion of rights. Comparesubstantive law.

promulgate To put (a law) into action or force. To make known or public the terms of (aproposed law).

prosecutor Trial lawyer representing thegovernment in a criminal case.

protective order Court order to protect aperson from further harassment, service ofprocess or discovery.

prothonotary Chief clerk of any of variouscourts in some states, including those ofPennsylvania.

proximate cause Act which causes an event,particularly an injury, to occur. A persongenerally is liable for the injury only if theinjury was proximately caused by his/heraction or failure to act when he/she had aduty to act. May or may not also be theimmediate cause. An event may have one ormore proximate causes.

public defender Government lawyer whoprovides free legal defense services to a poorperson accused of a crime.

punitive Damages on an increased scaleawarded to a plaintiff over and above whatwill compensate the plaintiff for ordinary loss,in an effort to punish the defendant or set anexample for wrongdoers.

purge Complete removal of arrest, criminal orjuvenile record information from a givenrecords system. Compare expungement.

Qquash To vacate or void a summons, subpoena,

etc.quid pro quo ”What for what.” Fair return

consideration.

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quo warranto (quo wah RANT oh) Legal ac-tion begun which requires a person to showby what authority he/she exercises publicoffice, franchise or liberty.

Rrap sheet See criminal history record

information.ratio decidendi (RAY she oh DES ih DEN dye)

The point in a case which determines thejudgment.

real evidence Evidence furnished by thingsthemselves, on view or inspection, as opposedto oral testimony of a witness.

real property Land, buildings and otherimprovements affixed to the land.

reasonable doubt State of mind in which jur-ors cannot say they feel abiding conviction asto the truth of a charge against an individual.An accused person is entitled to acquittal if, inthe minds of the jury, his/her guilt has notbeen proven beyond ”reasonable doubt.” Seebeyond a reasonable doubt.

reasonable person Phrase used to denote ahypothetical person who exercises qualities ofattention, knowledge, intelligence andjudgment that society requires of its membersfor protection of their own interests and theinterests of others. Test of negligence isbased on either failure to do something areasonable person, guided by considerationsthat ordinarily regulate conduct, would do, oron doing something that a reasonable andprudent person would not do.

rebuttal Evidence disproving other evidencepreviously given or reestablishing credibilityof challenged evidence. Compare rejoinder.

recidivism Relapse into former type of be-havior, as when an individual relapses intocriminal behavior. A habitual criminal is arecidivist.

recognizance Practice which enables accusedawaiting trial to be released without postingany security other than promise to appearbefore court at proper time. See on his ownrecognizance and personal recognizance.

record All documents and evidence plus tran-scripts of oral proceedings in a case.

recusation Plea or exception by which defen-dant requests that judge hearing his/her trialexcuse him/herself from case. Judge may alsoelect to recuse him/herself from a trial,meaning he/she excuses him/herself fromhearing it.

re-direct examination Opportunity to presentrebuttal evidence after one's evidence hasbeen subjected to cross-examination. Seerehabilitation.

redress To set right; to remedy; to compen-sate; to remove causes of a grievance.

referral Process by which a juvenile case isintroduced to court or to an agency or programwhere needed services can be obtained.

referee Person to whom a court refers apending case to take testimony, hear partiesand report back to court. A referee is anofficer with judicial powers and serves as anarm of the court.

rehabilitation After cross-examination a wit-ness whose credibility has suffered may beexamined again to improve his/her standingwith trier of fact in matters covered by cross-examination. See redirect examination.

rehearing Another hearing of case by samecourt in which suit was originally heard.

rejoinder Opportunity for the side whichopened a case to offer limited response toevidence presented during rebuttal byopposing side.

relevant evidence Evidence having any ten-dency to make existence of any fact that is ofconsequence to the determination of theaction more probable or less probable than itwould be without the evidence.

remand To send a dispute back to the courtwhere originally heard. Usually it is anappellate court that remands a case forproceedings in the trial court consistent withthe appellate court's ruling.

remedy Legal or judicial means by which rightor privilege is enforced or violation of right orprivilege is prevented, redressed orcompensated.

160

GLOSSARY

remittitur (reh MID ih dur) Reduction by judgeof damages awarded by jury.

removal Transfer of state case to federal courtfor trial; in civil cases, because parties arefrom different states; in criminal and somecivil cases, because of significant possibilitycase could not receive a fair trial in statecourt.

replication Reply made by plaintiff todefendant=s plea, answer or counterclaim.

replevin (reh PLEV in) Action for recovery of apossession wrongfully taken.

reply Response of plaintiff to defendant'sargument.

respondent Person against whom an appeal istaken.

rest Party is said to ”rest” or ”rest its case”when it has presented all the evidence itintends to offer.

restitution Act of giving the equivalent for anyloss, damage or injury.

restraining order Order which may be issuedupon filing of application for injunctionforbidding defendant to do a threatened act.See temporary restraining order.

retainer Act of a client in employing anattorney or counsel. Also denotes fee clientpays when he/she retains an attorney.

return Report to judge by police on imple-mentation of arrest or search warrant. Also,report to judge in reply to subpoena, eithercivil or criminal.

reverse Action of higher court in setting asideor revoking lower court decision.

reversible error Error sufficiently prejudicial(harmful) to justify reversing judgment oflower court. Compare harmless error andprejudicial error.

revocable trust (REV uh cuh b'l) Trust thatgrantor may change or revoke.

revoke To cancel or nullify a legal document.robbery Felonious taking of another's property

from his/her person or immediate presenceand against his/her will, by means of force orfear. Differs from larceny.

rule of court Order made by a court havingcompetent jurisdiction. Rules of court areeither general or special. General rules areregulations by which practice of the court is

governed. Special rules are special ordersmade in particular cases.

rules of evidence Standards governing whe-ther evidence in a civil or criminal case isadmissible.

Ssanction Punitive act designed to secure

enforcement by imposing a penalty for itsviolation.

satisfaction See accord and satisfaction.search warrant Written order issued by a

judge that directs a law enforcement officer tosearch a specific area for a specific piece ofevidence.

secondary evidence See best evidence.secured debt In bankruptcy proceedings, a debt

in which debtor gave creditor a right torepossess property or goods used ascollateral. Compare unsecured.

self-defense Claim that an act otherwisecriminal was legally justifiable because it wasnecessary to protect a person or property fromthreat or action of another.

self-incrimination, privilege against Consti-tutional right of people to refuse to givetestimony against themselves that couldsubject them to criminal prosecution. Right isguaranteed in Fifth Amendment to U.S.Constitution. Asserting right is often referredto as ”taking the Fifth.”

self-proving will Will whose validity does nothave to be testified to in court by witnesses toit since the witnesses executed an affidavitreflecting proper execution of will prior tomaker's death.

sentence Court's determination of punishmentto be inflicted on a person convicted of crime.

sentencing guidelines Set of guidelines intro-duced to ensure conformity in sentencingthroughout Pennsylvania.

sentencing report Document containing back-ground material on convicted person. Pre-pared to guide judge in imposing sentence.Sometimes called presentencing report.

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separation of witnesses See sequestration ofwitnesses.

sequestration Keeping all jurors togetherduring a trial to prevent them from beinginfluenced by information received outsidecourtroom. Sequestered jurors are usuallyhoused in a hotel, have meals together, andare given edited copies of newspapers andmagazines, all in an attempt to keep them freefrom outside influences.

sequestration of witnesses Keeping all wit-nesses (except plaintiff and defendant) out ofcourtroom except for their time on the standand admonishing them not to discuss theirtestimony with other witnesses. Also calledseparation of witnesses. Prevents a witnessfrom being influenced by testimony of priorwitnesses.

service Delivery of legal document, such ascomplaint, summons or subpoena, notifyingperson of lawsuit or other legal action takenagainst him/her. Constitutes formal legalnotice and must be made by an officiallyauthorized person in accordance with formalrequirements of applicable laws.

settlement Agreement between parties dis-posing of a lawsuit.

settlor Person who sets up a trust. Also calledgrantor.

sidebar Conference between judge and law-yers, usually in courtroom, out of earshot ofjury and spectators.

slander False and defamatory spoken wordstending to harm another's reputation, busi-ness or means of livelihood. Compare libel.

small claims court Court that handles civilclaims for small amounts of money. Peopleoften represent themselves rather than hirean attorney.

sovereign immunity Doctrine that a govern-ment, either state or federal, is immune tolawsuits unless it gives its consent.

specific performance Remedy requiring thata person who has breached a contract toperform specifically what he/she has agreedto do. Specific performance is ordered whendamages would be inadequate compensation.

spendthrift trust Trust set up for benefit ofsomeone whom grantor believes would be

incapable of managing his/her own financialaffairs.

standard of proof See burden of proof.standing Legal right to bring a lawsuit. Only a

person with something at stake has standingto bring a lawsuit.

stare decisis (STEHR ee dih SYE sis) Doctrinethat courts will follow principles of law laiddown in previous cases. Similar to precedent.

state's evidence Testimony given by accom-plice or participant in a crime, tending toconvict others.

status offenders Youths charged with thestatus of being beyond control of their legalguardians, e.g., habitually disobedient, truantfrom school or having committed other actswhich would not be a crime if committed byadult. They are not delinquents as they havecommitted no crime, but rather are persons inneed of supervision, minors in need ofsupervision, or children in need of super-vision, depending on the state in which theylive. Status offenders are placed undersupervision of juvenile court.

status offense Act declared by statute to be anoffense, but only when committed by ajuvenile, e.g., habitual truancy, running awayfrom home, violating curfew.

statute Law enacted by legislative branch ofgovernment, as distinguished from case law.Compare common law. Also called statutorylaw.

statute of limitations Time within which alawsuit must be brought or an individual mustbe charged with a crime. Different statutes oflimitations exist for different kinds of lawsuitsand crimes.

statutory construction Process by which acourt seeks to interpret meaning and scope oflegislation.

statutory law See statute.stay Court order halting a judicial proceeding or

the action of halting such proceeding.stenographer See court reporter.stipulation Agreement by attorneys on both

sides of a case about some aspect of thelawsuit, e.g., to extend time to answer, to

162

GLOSSARY

adjourn trial date, to admit certain facts attrial, etc.

sua sponte (SOO eh SPON tee) On one's ownbehalf. Voluntary, without prompting orsuggestion.

sub judice (sub JOO dih SEE) Under or be-fore a court or judge; under judicialconsideration.

sui generis (SOO ee JEN er iss) Of its ownkind or class; the only one of its kind.

sui juris (SOO ee JUR iss) Of his own right. Possessing full social and civil rights. Notunder any legal disability, power of another orguardianship.

subpoena (suh PEE nuh) Court order compel-ling a witness to appear and testify.

subpoena duces tecum (suh PEE nuh DOOsess TEE kum) Court order commanding awitness to bring certain documents or recordsto court.

subrogation Substitution of one person in placeof another with in asserting a lawful claim,demand or right.

substantive evidence Evidence presented toprove a fact in issue.

substantive law Law which creates, definesand regulates rights. Compare procedurallaw.

summary Quickly executed.summary judgment Order by a judge deciding

a case in favor of one side on the basis ofpleadings, before a trial and before or after ahearing. A judge issues a summary judgmentupon determining there is no factual disputeto be determined by jury. See judgment.

summary offense In Pennsylvania a violationof law punishable by imprisonment for up to90 days and/or a fine not exceeding $300.

summons Notice to a defendant that he/shehas been sued and is required to appear incourt. Jury summons is a notice requiringperson receiving it to report for possible juryduty. See venire.

sunshine laws Laws forbidding or restrictingclosed meetings of government bodies.Sometimes provide for public access torecords.

supersedeas (SOO per SEE dee uhss) Writissued by appellate court to preserve thestatus quo pending review of a judgment or

pending other exercise of its jurisdiction.support trust Trust that instructs trustee to

spend only as much income and principal(assets held in trust) as needed forbeneficiary's support.

suppress To forbid use of evidence at trialbecause it is improper or was improperlyobtained. See also exclusionary rule.

surety bond Bond purchased at expense ofestate to insure executor's proper perfor-mance. Often called fidelity bond.

survivorship Another name for joint tenancy.sustain Court order allowing an objection or

motion to prevail.suspended sentence Sentence whose execu-

tion has been postponed by order of the court. Also, decision of court to postponepronouncement of sentence.

swindling Obtaining money or property byfraud or deceit.

Ttangible personal property memorandum

(TPPM) Legal document referred to in a willand used to guide distribution of tangiblepersonal property.

temporary relief Any form of action by a courtgranting one of the parties an order to protectits interest pending further action by thecourt.

temporary restraining order Judge's order for-bidding certain actions until a full hearing canbe held. Usually of short duration. Oftenreferred to as TRO. Compare preliminaryinjunction.

tenancy by the entirety See joint tenancy.testamentary capacity Legal ability to make a

will.testamentary trust Trust set up by a will.testator/testatrix Person who makes a will,

testator referring to male, testatrix to female.testimony Evidence given by witness under

oath. Does not include evidence from docu-ments and other physical evidence. Compareevidence.

163


theft Popular name for larceny.third party Person, business or government

agency not actively involved in a legalproceeding, agreement or transaction.

third-party claim Action by a defendant thatbrings a third party into a lawsuit.

title Legal ownership of property, usually realproperty or automobiles.

tort Injury or wrong committed on a person orproperty of another for which remedy can besought in civil court, except that whichinvolves a contract. The most common tortaction is a suit for damages sustained in anautomobile accident.

tort-feasor One who commits a tort; a wrongdoer.

transcript Official record of all testimony andevents that occur during a trial or hearing.

transfer hearing Hearing in juvenile court todetermine whether jurisdiction over a juvenilecase should remain in juvenile court or betransferred to adult court.

trial de novo A new trial.true bill Indictment by grand jury.trust Legal device used to manage real or

personal property, established by one person(grantor or settlor) for the benefit of another(beneficiary). A third person (trustee) or thegrantor manages the trust.

trust agreement or declaration Legal docu-ment that sets up a living trust. See testa-mentary trust.

trustee Person or institution that managesproperty put in a trust.

turncoat witness Witness whose testimonywas expected to be favorable but who laterbecomes an adverse witness.

Uundue More than necessary; not proper; illegal.unlawful detainer Detention of real estate

without consent of owner or other personentitled to its possession.

unsecured In bankruptcy proceedings, forpurposes of filing a claim, a claim is unsecuredif there is no collateral, or to the extent the

value of collateral is less than amount of debt. Compare secured debt.

usury (YOO seh ree) Charging higher interestrate or higher fees than law allows.

Vvacate To set aside.venire (veh NI ree; popularly pronounced

veh NEER) Writ summoning persons to courtto act as jurors. More popularly, used to referto people summoned for jury duty.

venue (VEN YOO) Geographical area fromwhich a jury is drawn and where a criminaltrial is held. Also refers to the geographicallocation in which the alleged actions whichgave rise to a legal action occurred.

verdict In criminal proceedings, decisionreached by a jury or judge as to the guilt orinnocence of the party being tried.

voir dire (vwahr deer) Process of questioningpotential jurors so that each side may decidewhether to accept or oppose individuals forjury service.

Wwaiver Intentionally giving up right.waiver of immunity Means authorized by

statute by which a witness, before testifyingor producing evidence, may relinquish theright to refuse to testify against him/herself,thereby making it possible for his/her testi-mony to be used against him/her in futureproceedings.

warrant Most commonly, a court order autho-rizing law enforcement officers to make anarrest or conduct a search. Affidavit seekingwarrant must establish probable cause bydetailing facts upon which request is based. See also bench warrant.

weight of evidence Balance or preponderanceof evidence.

164

GLOSSARY

will Legal declaration that disposes of a per-son's property when that person dies.

willfully Intentionally, as distinguished fromaccidentally, carelessly or inadvertently.

with prejudice Applied to orders of judgmentdismissing a case, meaning that the plaintiff isforever barred from bringing a lawsuit on thesame claim or cause.

without prejudice Claim or cause dismissedmay be the subject of a new lawsuit.

witness One who testifies to what he/she hasseen, heard or otherwise experienced.

work release Sentence under which defen-dant is imprisoned, but is released during

daytime to work at a job approved byDepartment of Corrections or the court. Afterworking hours prisoner is returned toconfinement.

writ Judicial order directing a person to dosomething.

writ of certiorari Order issued by SupremeCourt directing lower court to transmit recordsfor a case it will hear on appeal. Seecertiorari.

writ of execution Writ to put in force thejudgment or decree of a court.