MEETING MINUTES
April 4, 2005
By C. Edward S. Mitchell, Chairman
Present were: Judge Dudley Anderson, Judge Richard Gray, Senior Judge Clinton Smith, Brian Bluth, Joseph Campagna, Michael Collins, Roan Confer, Jr., Michael Dinges, William Knecht, Ed Mitchell, Joy McCoy, Joseph Rider.
Chairman Mitchell began the meeting by welcoming the members present to the Bench/Bar Committee for the year 2005. He read the names of the persons who have been placed on the Committee by President Lubin based upon the Committee questionnaires which have been returned. He also reviewed the dates of the meetings for the remainder of the year which are: August 1 and October 3.
Judge Anderson read a memo from Judge Kieser stating that attorneys are not bringing clients to pretrial conferences. Members of the Committee questioned whether there is any current rule which requires the attendance of parties at pretrial conferences. Members of the Committee pointed out that there has been no requirement in any other court in Lycoming County and no previous general requirement in Judge Kieser’s court for the attendance of parties at pretrial conferences. Members also pointed out that other counties, where there may be such a requirement, permit the requirement to be satisfied by having the party available by phone. Members of the Committee pointed out that, unless a settlement conference is scheduled in connection with the pretrial conference, there is little benefit in having parties present. Judge Anderson agreed to discuss the matter at the next administrative meeting of the Court and clarify the issue.
Judge Gray reported that the pretrial conferences in custody and equitable distribution matters which were begun last year are being helpful.
Judge Gray also reported that Lycoming County is now on the statewide criminal docket.
Mike Dinges reported that the status conferences being held by Judge Brown shortly after the arraignments in criminal proceedings is resulting in cases being resolved by pleas and/or ARD’s earlier and thereby reducing the backload of criminal cases. Judge Anderson was questioned concerning whether this development will reduce the need for transferring civil trial days to criminal trials. Judge Anderson responded that that might be a future result, but not an immediate accomplishment.
Mike Dinges said that there is a requirement that parties be present for the status conferences and that the status conferences are more productive when the parties are present.
Joy McCoy reported that there have been major changes in the divorce code by legislation passed at the end of last year. She will summarize the changes and provide them to the Committee at the next meeting.
Joe Rider reported that there was legislation passed in the 2004 session of the legislature pertaining to mental health declarations which provide for declarations of treatment preferences in the event of a determination of mental incapacity. The legislation is Act 194 of the Session of 2004.
Joe Campagna discussed his concern about the large numbers of PFA plaintiffs who are withdrawing their PFA action prior to the second hearing. He said this is a concern of Wise Options for Women and other similar organizations. Joe also reported that there will be a one-half day training session at the YWCA on May 12 for police departments pertaining to their response to complaints of domestic violence. The instructor is a former police officer. Joe asked that the court and the district attorney’s office encourage local police departments to participate.
There followed a discussion about PFA’s including the manner in which hearings are conducted in various counties and the manner in which various counties handle confiscation of weapons following findings of abuse. Judge Smith reported that Lycoming County is the only county known to him which conducts the preliminary hearing on the date the petition is filed. Judge Anderson and Judge Gray discussed their methods of modifying orders in the best interest of the parties when the parties are attempting to resolve the issues, but still need protection. Mike Collins recalled the days prior to the Protection From Abuse Act legislation and observed that the current system, although not perfect, is far superior to the prior peace bond procedure.
Bill Knecht reported that there will be a new bankruptcy act in effect in the near future. This would effect automatic stays.
Judge Anderson discussed the fact that attendance of the Bar at court sessions such as admissions and memorials has been declining. Judge Anderson encouraged all attorneys to participate in the Law Day ceremony which is scheduled for April 29, 2005, at 4:00 pm. There will be a reception following the ceremony at the Old Corner.
The next meeting is scheduled for August 1, 2005.