MEETING MINUTES
Monday, May 6, 2013
Attendance
Present were: President Judge Butts, Judge Gray, Judge Lovecchio, Court Administrator Way, Jennifer Ayers, Richard Callahan, Robert Cronin, Charles Greevy, III, Bradley Hillman, John Person, Joseph Rider, J. Michael Wiley, David Wilk, and Ed Mitchell.
Old Business
Plea Agreements
Criminal Court judges will accept guilty pleas in juvenile matters where the defendant, as a requirement by the District Attorney, has made an informed waiver of the possibility of sentencing to boot camp.
Scheduling of Criminal Trials
The Court has begun to schedule back up trials in criminal cases and has added a fourth day of jury selection so that juries can be picked in the back up cases.
Emergency Custody Hearings
The new local rule enlarging the period of time for scheduling emergency custody hearings from five (5) days to ten (10) days has been drafted by the Rules Committee and signed by the judges.
Access to Courthouse
A separate entrance for courthouse employees allowing their entry without the necessity of going through security is being implemented. Similar accommodations are being considered for attorneys and other persons with frequent business in the courthouse. Such accommodations require the approval of the Sheriff. Attorneys needing access to the courthouse earlier than normal business hours can gain access with the approval of one of the judges.
New Business
Mortgage Foreclosure Diversionary Procedure
A meeting among Judge Gray, Legal Services, and an attorney designated by the large banking institutions is being scheduled to discuss changes to the forms used in the mortgage foreclosure diversionary program.
Local Practice Seminar and Forum
A local practice seminar and forum covering all aspects of practice in Lycoming County will be held on May 20, 2013. This seminar has been approved for CLE credits.
Cognitive Behavioral Therapy
The judges are expanding programs using alternatives to jail/prison for qualified defendants. Benefits will be more appropriate therapy for defendants who have special needs such as mental illness or drug dependency. Because they do not meet the rational person model, incarceration does not act as a deterrent to their behavior upon release. Cognitive Behavioral Therapy designed for their mental or dependency problem will improve the chance of their recovery. It will also reduce the problem of overcrowded jails and prisons. A day reporting program would enhance these alternative sentencing programs. A day reporting program would require the approval of the Commissioners.
Use of ARD
ARD is being underutilized in Lycoming County as compared to other counties of the same size. ARD requires the approval of the District Attorney.
Scanning of Records in Prothonotary’s Office
The Prothonotary has begun scanning filings. The new system is known as Full Court. It uses a different docketing system than the one now being utilized. As a result, existing cases will need to be searched in two different systems in order to obtain the complete docket. For a period of time, paper files will also be maintained.
Practitioners are advised to obtain and preserve file stamped copies of time sensitive filings.
The Prothonotary’s office will be providing training on the docket searching requirements of the new system.
Criminal Pretrials
Pretrial conferences in criminal cases are being eliminated. Attorneys from the DA’s office and the Public Defender’s office and the criminal defense bar are encouraged to communicate and attempt to reach plea bargain agreements before jury selection.
Affirmation of Life Insurance Beneficiaries after Divorce
Keeping a former spouse as a beneficiary of a life insurance policy after divorce requires the affirmation of the beneficiary designation after the final decree in divorce. Otherwise, the former spouse beneficiary will be treated as a pre-deceased spouse.
Re-Deeding of Real Estate Following Marriage
Title to Real Estate conveyed to grantees as tenants in common or joint tenants with right of survivorship does not become a tenancy in common upon marriage of the grantees. To change the title to tenants by the entities, a new Deed from the individuals to themselves as tenants by the entireties is necessary.
Scheduling of Hearings in Pro Bono PFAs
Attorneys providing Pro Bono services in PFAs should notify the court to be accommodated in scheduling.
Next Meeting
The next meeting will be August 6, 2013 at noon at the Ross Club.
Respectfully submitted,
C. Edward S. Mitchell, Chairman