MEETING MINUTES
Monday, January 7, 2002 - By C. Edward S. Mitchell
Present were: President Judge Smith, Judge Brown, Judge Kieser, Judge Butts, Judge Anderson, Rick Gray, Gary Harris, Bill Knecht, Ed Mitchell, Joy McCoy, Kathleen O’Donnell-Raker, Tom Raup, Robin Read, Joe Rider, Kevin Way, Gary Weber, David Wilk, Janice Yaw.
President Judge Smith - The retention poll of attorneys and publication were extremely helpful in the retention of both Judge Kieser and himself. The Judges’ assignments are the same as last year. Judge Smith will be the Family Court Judge. Judge Brown and Judge Kieser are handling civil cases. Judge Butts and Judge Anderson are handling criminal cases. Judge Smith and Judge Butts are also handling Orphan’s Court cases.
In Family Court there are approximately 500 new custody cases filed each year. Historically, approximately 130 cases are carried over at the end of the year. At the end of 2001 only 62 custody cases were carried over. Of those, 37 have custody conferences pending which have a resolution rate of 75-80%. As a result of this significant improvement, there are no longer custody back-up dates. The only problem area in Family Law is the timeliness of Master’s Reports.
Judge Kieser is doing an outstanding job with juvenile cases. At the end of 2001 there were only 15 cases pending.
New civil rules were adopted December 14, 2001. They were published January 5, 2002, and will be effective February 5, 2002. Included in these rules are a requirement that pretrial memos in civil cases be filed one week prior to the pretrial conference and a change in the service of Rule 206 coversheets. Rule 206 coversheets will now be served by the Prothonotary. Case monitoring coversheets, required to be filed with the initiation of the action, are still served by the Plaintiff’s counsel.
It is no longer necessary to obtain a decree nisi in termination cases.
Petitions for findings of contempt in family law in custody orders require a certificate of attempt to resolve the matter.
Judge Brown – Everything is quiet on the civil side. On the new calendar, there will be three days at the end of each civil trial term for a completion of non-jury trials which were not reached during the term.
Judge Kieser – The first week of Judge Kieser’s civil trial list is down to two non-jury cases. The progress of the disposition of cases on the trial list can now be monitored on the Law Association Web site. It is updated within an hour of notice to the Court of settlements. The new civil court rule requires filing of civil pretrial statements one week ahead of the pretrial conference. This should result in a more meaningful pretrial conference. The results achieved in juvenile cases is due to the cooperation of everyone involved in the juvenile process. Typically there have been 30 cases per month carried over. In December, 50 cases were concluded. The credit goes to the attorneys in the DA’s office and the Public Defender’s office. Each office has assigned one assistant to juvenile matters.
Judge Butts – Date certain for criminal trials is doing well. The District Attorney’s office is reviewing cases earlier resulting in earlier disposition of some cases prior to trial. There is pending legislation to enable establishment of mental health courts. This is being reviewed in Lycoming County. There are proposed new criminal rules pertaining to rules to show cause which may cause problems. Mediation is being utilized in criminal cases requiring restitution.
Judge Anderson – Continuance requests in criminal court for cases where the defendant is in jail require the defendant’s signature. Custody cases are now being disposed of as fast as the attorneys can get them prepared.
Kevin Way, Court Administrator – Criminal Rules published in the Pennsylvania Bulletin in mid-December changed the procedure in criminal cases. Juvenile referrals are down 25% over the last 5 years. There is a need for two replacement court reporters in Lycoming County. The County has advertised nationally and has received only one application. The County is seeking a grant to purchase recording equipment to be used in place of court reporters in family court. Adult probation is reduced from 1469 in 1998 to 1321 in 2000. It is under control.
Tom Raup questioned as to how criminal trials are proceeding since the elimination of the 180 day rule. Kevin responded that his observation is that criminal cases are reaching trial in 6-8 months, average 6. Judge Butts says the progression of criminal trials is not a problem in Lycoming County. Judge Anderson said the time is a function of counsel asking for additional time.
Gary Weber – The Law Association Web site page for court information has additional information on it such as local forms. Attorneys may change directory information on the Web site. The rules are up to date and accessible through the Web site. There are over 600 opinions published and available on the Web site.
Robin Read – The annual meeting is January 14 at 4 pm. Committee reports are due at the meeting or prior thereto. The annual dinner is on January 14. Cocktails at 5:45 and dinner at 6:30 pm. There will be a tribute to Judge Greevy for his 50 years as a judge. The dinner will be at 33 East Third Street.
Bill Knecht – No report.
Joy McCoy – No report.
Janice Yaw – Reported a scheduling problem between custody and family court. She asked that schedules be coordinated to eliminate conflicts in attorneys schedules between the two. The Court Administrator will look into the problem and attempt to address it.
David Wilk – No report.
Gary Harris – No report.
Rick Gray – No report.
Joe Rider – There is pending legislation in Harrisburg to facilitate the settlement of estates in which the decedent has been involved in a known accident but no body has been recovered. The court can determine that it is presumed the decedent died in the accident.
Kathleen O’Donnell-Raker – No report.
Tom Raup – The Bench/Bar committee was established approximately 24 years ago while Joe Rider was president of the Association. It has functioned continuously since its beginning. Lycoming County is unique in having the functioning Bench/Bar Committee.