MEETING MINUTES
APRIL 2, 2007
Attendance
Attendees: Judge Kieser, Judge Anderson, Judge Gray, Bill Knecht, Darryl Wishard, Marc Lovecchio, Mike Wiley, Patricia Shipman, Joe Campania, Joe Rider, Dick Callahan, Bob Elion, and Roan Confer
The meeting was called to order at 12:15 p.m. by Bill Knecht.
Judge Kieser addressed the Committee on the following topics:
1. The Court calendar for 2008 is in the planning phase. The basic calendaring as in prior years will remain the same. If any members of the bar have any questions or concerns, they can be addressed to Judge Kieser or Kevin Way. The plan at this point in time is for Judge Brown and Judge Butts to handle criminal, Judge Anderson and Judge Gray to handle civil, and Judge Kieser to handle general matters. Judge Kieser will have a trial week each month for use as surplus for criminal trials, and, if needed, civil trials.
2. There has been discussion by the Court with the County regarding a new x-ray machine for the front door and a new notification system for the Sheriff. There have been some discussions about securing the Judge’s chambers and the courtroom, but that issue was on the back burner at this time. There has also been some discussion about the possibility of using a Sheriff at the front door, but the County has not been receptive to that request.
3. There currently is an open conflicts attorney position for criminal defense cases. The Court feels that there is a problem attracting people for these positions because of the low salary and the amount of work and time required. There has been some discussion about implementing a conflicts office with two full time and one part time attorney, perhaps under the supervision and control of the County Solicitor. The County has not been receptive to this request. Marc Lovecchio and Mike Wiley added to the discussion on this topic, specifically regarding decision making authority for the conflict attorney issue, and Mike Wiley’s experience as a conflict attorney several years ago. There was some discussion about implementing a program such as the federal CJA program, but the County might find this cost prohibitive.
4. There has been a change in the juvenile rules, now requiring attorney involvement from the time that the juvenile is first in court until the time of release from supervision. The question was asked whether the changes in the rules apply to delinquency, dependency, or both. Judge Kieser responded that they applied to delinquency and probably dependency, but would not be an issue in dependency that often.
Judge Anderson had no issues or comments for the Committee.
Judge Gray noted that the civil and criminal jury selections are being held together, and, if there are any problems noted by the bar, then the bar should let the Court know.
Marc Lovecchio asked whether there had been a change of the policy at the DA’s office regarding no ARDs being considered for criminal defendants until after arraignment. Judge Anderson confirmed that this is a change from past practice.
Joe Rider updated the Committee regarding revised Orphans’ Court procedures, to include numerous forms that have to be utilized. These changes have been made statewide, and are excepted only by special order. These changes are implemented 30 days from March 29, 2007. Bill Knecht asked Joe Rider to review the forms, and the list was extensive. Bill Knecht asked the Rules Committee to get involved to check and review our local rules regarding compliance with the new Orphans’ Court procedures. Attorney Gary Weber will be contacted by the Chair regarding review and/or involvement by the Rules Committee. The judges suggested involving Judge Butts, since she will be the Orphans’ Court judge beginning in 2008.
Roan Confer suggested that he could provide Kevin Way with information regarding the federal CJA program. The judges indicated that Kevin already has that information to their knowledge.
Joe Campania suggested that handling of PFAs by the Court should be separated. Those people who want to withdraw PFA orders or people who want temporary orders should be handled as one group. Those people who want to contest a PFA order or are involved in contempt proceedings should be handled in another group. Judge Anderson indicated that the timing of the PFA hearing, in part, came at a request from the Sheriff’s office so that they could serve PFA orders on the same day of the hearing. Marc Lovecchio asked whether 2nd hearings or contempt hearings for PFAs were on the rise, and the Court indicated that the amount varies. Patricia Shipman asked if the number of second PFA hearings without attorneys had increased.
The other attendees had nothing for the Committee.
Judge Anderson concluded the meeting by indicating that the number of issues between the bench and bar have significantly decreased over the years, and that the bench bar meetings have become shorter in length and more cordial.
The meeting was adjourned at 12:50 p.m.