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Please be advised that the following Order was issued by the President Judge Gary P. Caruso on July 9, 2012
The WBA Board of Directors approved an increase in advertising rates for the Westmoreland Law Journal, effective August 1, 2012. Download a new rate card at www.westbar.org/wlj, or call 724-834-7260 to have one mailed to you. The new rates are as follows:
* Cost includes one proof of publication. This notice must be PREPAID. Make check payable to: Westmoreland Law Journal.
** Through Register of Wills office when filing Petition for Letters. Cost includes one proof of publication.
Judge Anthony G. Marsili will not be hearing civil or orphans’ court motions on Friday, July 13, 2012.
President Judge Gary P. Caruso, Judge Anthony G. Marsili, and Judge Richard E. McCormick, Jr., will not be hearing civil or orphans’ court motions on Friday, July 27, 2012.
The Supreme Court of Pennsylvania is allowing indicting grand juries to be used statewide in certain cases to enhance safeguards against witness intimidation.
Under a new set of Rules of Criminal Procedure, an indicting grand jury would be permitted in lieu of preliminary hearings in cases in which witness intimidation has occurred, is occurring or is likely to occur. Judicial districts abandoned the use of indicting grand juries nearly 20 years ago in favor of other procedural options authorized under an amendment to the Pennsylvania Constitution. The new rules permit their resumption.
Any of Pennsylvania’s 60 judicial districts could petition the Supreme Court for approval to use the new procedures under the rules that take effect in 180 days. Once Supreme Court approval is given to a district, a prosecutor could seek approval of the president judge on a case-by-case basis to use an indicting grand jury, but only in cases involving witness intimidation.
“The intimidation of witnesses in criminal proceedings threatens the integrity of the criminal justice system and puts justice at risk,” Chief Justice of Pennsylvania Ronald D. Castille said in announcing the new rules. “Providing more flexibility to ensure the safety of witnesses who come forward to testify in cases involving violent acts recognizes their personal safety and promotes greater trust and confidence in the judicial system.”
A “grand” jury is so named because 23 jurors and up to 15 alternates would serve on the panel, rather than the standard 12-member trial jury. An indicting grand jury determines whether to indict the defendant, so that the defendant would face trial in the Court of Common Pleas. The new rules do not impact the defendant’s constitutional right to confrontation since the defendant is still entitled to confront his or her accusers at trial. Indicting grand juries are used in a number of other states and federal courts.
The effort to curtail witness intimidation came from a panel of legal experts the Supreme Court appointed to address issues challenging the Philadelphia criminal court system. The commission of judges, prosecutors and defense lawyers, led by Supreme Court Justice Seamus P. McCaffery, recommended re-instituting the indicting grand jury in Pennsylvania as a way to address the problem of witness intimidation.
The comprehensive set of new rules and related rules changes incorporating the recommended procedures was developed by the Supreme Court’s advisory Criminal Procedural Rules Committee.
(For a copy of the new rules: http://www.pacourts.us/T/SupremeCourt/SupremePostings.htm)
Effective July 1, 2012, the Register of Wills fee schedule goes into effect. The new fee schedules will be available June 15th. Feel free to pick one up at the Register of Wills office or they can mail them to you. Call Cindy at 724.830.3183 for a copy or for any questions.
Judge McCormick, Jr., will hear motions on June 8, 2012, for Judge Caruso. On June 15, 2012, Judge Caruso will not hear motions.
Change to Renunciation Forms regarding an estate effective immediately. If the renunciation is filled out in the office, no notarization is required. However, if the form is filled out prior to coming into the office, the form must be properly notarized.
The guidelines for court appointed counsel have been updated effective immediately and are available from the Court Administrator’s office, Room M10. If you do not have a copy of the revised guidelines, please come to the Court Administrator’s to obtain a copy. There are important changes to the billing process. Thank you!
HARRISBURG—The Administrative Office of Pennsylvania is taking steps to ensure that the retention of electronic magisterial district court case records be consistent with the Supreme Court of Pennsylvania’s Record Retention and Disposition Schedule with Guidelines, beginning April 1. The Supreme Court’s schedule standardized the retention of official court records and generally requires:
For example, magisterial district court records concerning a conviction for a minor traffic offense will no longer be available in paper or electronic record form three years following final payment of all court assessments.
Judge McCormick, Jr. will not be hearing civil or orphans’ court motions on the following Fridays: April 13, 2012, April 20, 2012, May 25, 2012, June 1, 2012, August 24, 2012, and September 14, 2012. Judge McCormick, Jr. will hear civil and orphans’ court motions on the following Thursdays: April 12, 2012, May 31, 2012, and September 13, 2012, at 9:00 am. Please mark your calendars accordingly.
Judge Caruso, Judge Marsili, and Judge McCormick, Jr., will not be hearing civil or orphans’ court motions on Friday, April 20, 2012.