MEETING MINUTES

Monday, January 6, 2003

Present were: President Judge Smith, Judge Kieser, Judge Anderson, Andrea Bower, Gary Harris, William Knecht, C. Edward S. Mitchell, Joseph Rider, Clifford Rieders, Kevin Way, Gary Weber, and Janice Yaw.

Judge Smith reported concerning the Court’s year end statistics. Pending criminal cases are within ten or twenty of the pending cases for year end 2001. The Yasipour case, which was scheduled for one month, has been continued due to the Commonwealth’s appeal of the decision on a motion to suppress. The criminal court area is the most problematic due to the number of pending homicide cases. Dr. Illes is expected to be returned to Lycoming County the week of January 6, 2003.

Juvenile pending cases are up 20 from last year. The pending cases are in the 600's. This is still down considerably from 1998 when the pending cases were between 900 and 950.

The best news is in custody cases. At the end of the year there were 89 pending. There are normally 30 to 40 new filings per month. Of the 89 pending, 62 are new enough which have not been conferenced. Statistically, 80 to 85% of new filings are resolved. There are only 9 cases pending for trial.

There are two new pieces of audio equipment in use in family court. One will also be roving in the courtroom.

As of today, January 6, 2003, because of a new Supreme Court rule, Judge Greevy, being over 80 years of age, will no longer be able to sit as a Senior Judge.

Judge Kieser said the rules for note taking in civil jury trials are available. There has been agreement to permit note taking in two cases, but both have settled.

Judge Kieser complemented attorneys in civil cases for doing excellent work in getting cases prepared for trial and settlement conferences. The cases are being disposed of more rapidly than expected.

Judge Anderson reported on procedural changes in PFA’s. It is now impossible to avoid a Brady indicator once there has been a second hearing. This makes PFA’s more problematic. There is also an additional surcharge for DUI convictions of $200. The total cost for a DUI first offense conviction is $1500-$2000.

Andrea Bower. The annual meeting and banquet is scheduled for January 13, 2003. The Association will be honoring members who have served for more than 50 years and who have not been previously honored. Those members include Jack Gault, Bill Askey, Bob Wise and Charles Szybist.

There was an excellent response to the Toys-for-Tots campaign.

Andrea urged members to encourage more attorneys to become involved in Association functions.

Gary Harris – no report.

William Knecht announced that Bill Carlucci has been selected by the PBA Board of Governors to become President in the year 2005.

Joseph Rider – There is a new principal and income act for trusts. The PBI has published an excellent manual. The new legislation changes the manner in which income is allocated and permitted to be distributed.

Clifford Rieders reported on his position as Chair of the PBA Amicus Committee. Rieders reported that an attack is being considered on FTC rules which would have the effect of regulating the practice of law. He urged Committee members to be in contact with their federal elected officials in opposition to any expansion in enabling legislation which would expand the FTC’s ability to pass rules regulating the practice of law.

Kevin Way discussed changes in the way the PFA database system works. Eileen in the Court Administrator’s office can be helpful for anyone who needs help. The effect of the changes is that there is an order in hand when the parties leave the courthouse. All police departments have access to the order.

Kevin is working on the project to get the daily court schedule on the Internet. He hopes it will be up and running by March 1. The Court has been told that 2003 will be a sparse year for County budgeting toward technological equipment. Only $2800 has been allocated for new equiptment.

There is a scheduling change for PFA hearings. Each day between 1 and 2 pm there will be a judge available for the first or second hearings. There are approximately 250 to 300 PFA filings per year.

Gary Weber – The Rules Committee has met and made recommendations to the Court for rules changes. The Association Web site is busy. There are an average of 93 contacts to the site per day. Approximately 22% pertain to rules, 21% to case reports and 8% pertaining to the directory.

Janice Yaw reported that Joe Campagna has been seriously injured in an accident involving a fall from a ladder and may be out of work from four to six months.

Janice will attend the mid-winter meeting of the family court section of the PBA. Janice urged the Court to continue to have one judge specifically assigned to family court following the judicial election and the retirement of Judge Smith. In response, Kevin Way reported that the Supreme Court has passed a rule which would require counties to have a judge committed to family court. The Supreme Court has suspended the rule except in test counties until the end of 2003.

Respectfully submitted,

C. Edward S. Mitchell, Chairman