MEETING MINUTES

Monday, October 7, 2002

Present were: President Judge Clinton Smith, Judge Kieser, Judge Anderson, Court Administrator Kevin Way, District Attorney Michael Dinges, Lycoming Law Association President Andrea Bower, Joseph Rider, Gary Harris, Joseph Campagna, Joy Reynolds McCoy, C. Edward S. Mitchell, Thomas Raup and Gary Weber.

President Judge Smith: Judge Smith reported that his lymphoma is in complete remission and his doctors hope it will remain in remission. His replacement will be selected by judicial election in 2003 pursuant to a 1977 Supreme Court decision. Judge Butts is on an extended family leave for four months for the adoption of a baby boy. She is returning to handle drug court and homicide cases assigned to her. A backlog is developing in criminal cases, partially due to the leave of absence of Judge Butts and partly due to the number of murder cases. Judges are being taken from custody and civil trials to cover criminal cases. The 2003 Court Calendar has been prepared and will be circulated by next week.

Judge Kieser: He and Judge Brown are considering implementing changes to the civil court forms. The initial case monitoring form will have a provision referring counsel to the scheduling dates posted on the LLA Web site. The pretrial statement will have an inquiry concerning whether objections in depositions for use at trial have been resolved or will need court intervention. The pretrial statement will also require identification of any challenges to expert witness testimony. The pretrial statement form will have an inquiry as to whether the parties consent to the jurors taking notes. The Court considers challenges to expert witness testimony which is a necessary part of the Plaintiff’s burden of proof to be dispositive motions which must be filed by the deadline for dispositive motions. Judge Kieser reminded members of the Committee that the Court considers scheduling orders to be attachment orders and also requests attorneys to notify witnesses of their need to be available during the trial term.

Judge Anderson: In criminal court there is a problem of losing trial days as a result of last minute guilty pleas. In order to make full use of trial days and to reduce the developing backlog, criminal trials will be double scheduled. The back up case will go if the primary case does not. Plea agreements will not be honored after jury selection.

Andrea Bower, Law Association President: Andrea is concerned about the poor attendance at Bar functions. This includes the recent court admissions, the annual banquet, the Crosscutters games and the picnic. Consideration is given to honoring fifty year members at the annual banquet. Matt Ziegler chairs the Fee Dispute Resolution Committee. His primary role is mediator. Persons submitting their disputes to that committee can utilize him as a mediator, but if they are unsatisfied they have no other option except suit. The Law Association in conjunction with the Paralegal Association will have a Toys for Tots Christmas donation project.

Joseph Campagna: Joe noted the posting on the Web site of the status of the Lycoming Law Association Foundation Capital Campaign and also the pamphlet on the Foundation. He also expressed some concern with the Prothonotary’s office rejecting filings by pro se indigent parties. It was suggested that he attempt to resolve a situation in a conversation with the Prothonotary.

Joy Reynolds McCoy: No report

Thomas Raup: No report

Joe Rider: No report

Kevin Way, Court Administrator: The Court Administrators’ office is attempting to have the daily court schedule published on the Internet. It is hopeful the 2003 County budget will have funds for purchase of technology equipment in the Courtroom. Kevin requested feedback concerning the poor attendance at the recent Bar admission. There was discussion concerning whether 4 pm on Friday is a time during which large attendance could be expected. That time is selected because of the availability of the judges and because of convenience for out of town relatives of admitees. 17,000 jury notices have been mailed for a jury pool of between 5,000 and 6,000. The lists come from voter registration, occupational tax roles and drivers license lists. The 2003 calendar has been published. Modifications may be necessary due to 5 murder cases, all but one of which are first degree.

Gary Weber: There will be a Rules Committee meeting before the next meeting of the Bench/Bar Committee. Anyone who has any suggestions should contact a member of the Rules Committee.

There was no old business. The next meeting will be January 6, 2003.

Respectfully submitted,

C. Edward S. Mitchell, Chairman