MEETING MINUTES
Monday, June 18, 2001 - By Robin Read
Present were President Judge Smith, Judge Kieser, Prothonotary William Burd, District Attorney Thomas Marino, Court Administrator Kevin Way, Joy McCoy, Joe Campagna, Kristine Waltz, Robin Read, Gary Harris, Ed Mitchell, Joe Rider, Gary Weber
President Judge Smith–indicated the Court is currently preparing the calendar for 2002 and invited members to write to the Court Administrator if they have any proposed changes. Judge Smith also expressed his appreciation for all of the members’ concern for his health and indicated his treatment was going well and the prognosis was very good.
Court Administrator Kevin Way–indicated that the Court Administrator’s Office would look at any proposals or concerns regarding changes in the Court calendar; however, he indicated he could not promise to make all of the proposed changes and/or concerns as preparing the Court’s calendar is a very complicated process. He also indicated that Lycoming County is changing the way of obtaining jurors. Traditionally, the County has used occupational tax and voter registration information. Since Williamsport made changes to the occupational tax, the County has not kept the list current. Accordingly, Lycoming County is now going to be utilizing drivers license information together with voter registration starting in the year 2002, which will expand the potential jurors list by several thousand people.
Mr. Way also indicated that in the Court’s 2002 budget, it has proposed expenses associated with expanding the Court’s web page to include the Court’s daily schedule which could also be searchable by case number. He indicated the daily schedule would be connected from Lycoming County’s web page. Gary Weber suggested it also be linked to the Law Association’s web page.
Mr. Way also indicated that Pennsylvania is moving towards a unified computer criminal docketing system which proposes to be operational in 2004.
Prothonotary William Burd–nothing to report.
Judge Kieser–indicated that he, Judge Brown and Judge Anderson have discussed issues regarding scheduling conflicts and continuance requests. He indicated the Court is discussing adopting a policy and changing the continuance form to require attorneys requesting continuances because of being attached in other counties to attach a copy of the scheduling notice from the other county to ascertain when the hearing was scheduled. If Lycoming County Court’s notice preceded the other county’s notice, the Court would deny the request for a continuance. Judge Kieser also indicated a problem with attorneys on a trial list scheduling depositions during the civil trial terms. The Court’s calendar is out well in advance and attorneys should not schedule depositions during the civil trial term. Joy McCoy indicated her concern for an across the board first attached-rule and would prefer to see the Court decide continuance requests on a case-to-case basis. She indicated a lot of other Courts require attorneys to file motions detailing why the continuance is necessary and encouraged the Court to adopt this policy. She indicated her concern especially in domestic matters. Kevin Way indicated he was always willing to make a telephone call to another Court Administrator to request the other county release an attorney from attachment when there is a conflict. He indicated the more information he had regarding the reasons for the continuance, the more leverage he would have with other Court Administrators.
Judge Kieser also reported that the Court is considering changing the Pre-Trial Memorandum procedure. Currently, attorneys are not required to file their Pre-Trial Memorandums and, sometimes, the Memorandums are not making their way to the official Court records. The proposed changes will require attorneys to file their Pre-Trial Memorandums with the Prothonotary’s office and provide copies to the assigned Judge and the assigned Judge’s law clerk and attach copies of all expert reports. In addition, the proposed change will require the filing and service of the Pre-Trial Memorandums somewhere between three and seven days prior to the Pre-Trial Conference. Judge Kieser indicated the Court may change the procedure by administrative order and, once the rules committee has an opportunity to act, by change in the Lycoming County Rules. Ed Mitchell indicated he thought it was a good idea that the Pre-Trial Memorandums be circulated in advance of the Pre-Trial Conference.
Joy McCoy–reported that several attorneys have started a Family Law Section of the Lycoming Law Association and that she, Christine Dinges and Tony Grieco currently co-chair that Family Law Section. She indicated there are six sub-committees which deal with things like procedures and consistency among masters. She felt the Family Law Section was pretty successful and it has been successful in fostering better relationships between the family bar practitioners. Kristine Waltz indicated that she was reporting on behalf of Tony Grieco that the Family Law Section had an alternative dispute resolution committee which is fairly active and effective.
Ed Mitchell–Ed Mitchell indicated that he has had at least two problems arising out of situations where there were attorneys held discussions prior to when the Court Order was dictated which were off the record or where the transcripts could not be found and where the Court Order stated “for the reasons stated earlier”. Such language without more explanation created subsequent problems in interpretation when the resolution was subsequently contested. Kevin Way indicated there was a minimum of five years in which they are required to keep the Court transcripts, however, admitted that the document retention procedure is not without fault. He also indicated that the Philadelphia Bar Association has proposed a new document retention policy which the AOPC is urging the Pennsylvania Supreme Court to adopt by the end of the summer.
Joe Campagna–inquired of Kevin Way regarding the Protection from Abuse Data Base. Kevin Way reported that the data base began in mid-March and that although there are some problems, law enforcement officers have been utilizing the data base and it has been effective as the law enforcement officers can obtain Court Orders from the computer. Judge Kieser reported that he felt it was disappointingly slow and that they are considering making some changes on Protection from Abuse such as limiting hearings to one or two Courtrooms. Judge Kieser welcomed comments and suggestions regarding the data base.
Gary Weber–reported that the Lycoming Law Association’s web page is now searchable for opinions. Lycoming County Court’s opinions from 1999 through the present are searchable on the web page. There could be about a month delay in putting new cases on the web page as the Lycoming Law Association is only able to update the web page when the opinion data is provided by the Court. Judge Kieser indicated that the search capability was very helpful.
Robin Read–reported that Cliff Rieders has indicated his intention to step down as the Chair of the Bench Bar Committee as a result of his succession to the Presidency of the Pennsylvania Trial Lawyer’s Association. She invited anyone interested in chairing the Bench Bar Committee to contact her. She also reported that the Lycoming Law Association’s picnic is scheduled for July 18 at Sportsmen’s and reminded the members present of the Memorial Service for John Decker on June 22 at 4:00 p.m.