MEETING MINUTES
January 5, 2009
Attendance
Present were: Judge Brown, Judge Anderson, Judge Gray, Kevin Way – Court Administrator, Richard Callahan, Roan Confer, Jr., Jennifer Heverly, William Knecht, Marc Lovecchio, Joy Reynolds-McCoy, Joseph Rider, Clifford Rieders, Tammy Taylor, J. Michael Wiley, Jeffrey Yates, and Ed Mitchell.
Discussion included:
Judicial Coverage in Courtroom #5: Judge Kieser’s retirement begins January 6, 2009. As a result, Lycoming County will be one judge short during the year 2009. Courtroom #5 will be partially covered by Senior Judges and visiting Judges from the Judicial Administrative Unit. Judge Kieser, as a Senior Judge, will sit nine days per month. Senior Judge Smith will sit three days per month. Visiting judges from Clinton County will sit four days per month.
Judicial Assignments
Judge Butts will handle all special treatment courts plus criminal and orphan’s court.Judge Anderson and Judge Gray will handle civil cases and some family court matters.
Judge Brown will handle criminal matters.
Judge Gray and Judge Anderson will handle juvenile court.
Family Court
Judge Brown will meet on January 16, 2009, with attorneys interested in family law matters. Areas of discussion will include possible local rules on assignments between judges and family court hearing officers and methods of proceeding from decisions by family court hearing officers. Other areas for discussion will be courtroom decorum, misuse of PFA proceedings, inter-relationship between PFA attorneys and divorce attorneys and other areas of concern which may be raised by attorneys. Attorneys wishing to discuss other areas of concern are invited to communicate those areas to Judge Brown.
Members of the Committee expressed concern about the fact that judicial assignments for custody hearings are not known in advance of hearings. Preparation is different depending upon the judge who will conduct the proceeding. Attorneys requested that judicial assignments be made and communicated to participating attorneys in advance of the hearings. The Court and Court Administrator responded that with visiting judges it is sometimes not known who will conduct the hearing in advance of the day of the hearing. The Court will do its best to inform participating attorneys of assignments as early as possible.
Case Management of Civil Cases
Judge Anderson reported that a new local rule has been drafted pertaining to trial scheduling and intermediate deadline scheduling for civil cases. The rule is designed to eliminate case management conferences. It is designed to encourage attorneys to agree to a case management schedule for submission to the Court. In the absence of such an agreement, the Court will issue a case management Order based upon the Court’s understanding of the complexity of the case. The rule has been submitted to the Rules Committee for consideration. According to the Court, the elimination of case management conferences will save four days per year of court time.
In Forma Pauperis in District Justice Court
Jennifer Heverly reported that some district justices are refusing to permit qualified parties to proceed in forma pauperis. Some are refusing to allow parties to apply for in forma pauperis status.
The Court responded that if a person is qualified for legal services in Common Pleas Court, he or she is qualified for in forma pauperis status in District Justice Court. The district justices have been so informed, but will be reminded. The Court suggested that Legal Services provide some documentation to qualified parties for submission to district justices.
LLA Matters
Tammy Taylor, President, reminded members of the annual meeting on January 12 at 4:00 pm in the juror’s lounge and the annual dinner on January 12 at DiSalvo’s beginning at 5:30 pm. Tammy also announced that portraits of Judge Anderson and Judge Gray have been hung in the juror’s lounge.
Future Meetings
Meetings for the remainder of the year are scheduled for: April 6, June 3 and November 2, 2009.
Respectfully submitted,
C. Edward S. Mitchell, Chairman