MEETING MINUTES

Monday, July 8, 2002

Present were: President Judge Smith, Judge Kieser, Andrea Bower, Joseph Campagna, Jr., Robert Elion, Gary Harris, Jack Humphrey, Joy Reynolds McCoy, Ed Mitchell, Joe Rider, Kevin Way, Gary Weber and Janice Yaw.

Judge Smith discussed judicial assignments for 2003. If there is a judicial election in 2003, there will be no change in the judicial assignments. If there is no judicial election, there will be changes. Judge Smith turns 70 in 2003. Under the only applicable statute known to the Court, the governor appoints a judge to serve until the next municipal election which would be 2005. At a meeting of the State Judiciary, our judges were informed that the law has been changed to provide that there would be a judicial election in the year in which the retiring judge reaches 70 for a replacement to begin serving at the beginning of the following year. Our judges have been unable to find such a change in the law. Neither the AOPC nor the Department of State have been able to give a definitive answer to whether there will be a judicial election next year.

Judge Smith also reported that there are presently seven pending homicide cases, six of which are capital cases. Each is anticipated to last two to four weeks. If all are tried, civil judges will need to be used to assist in criminal trials. If greater than half are not tried, there should be no interference with civil trials.

Judge Kieser is considering requesting counsel to permit juror note taking during civil trials. This will be discussed during pretrials.

Frye/Daubert challenges to qualifications and testimony of expert witnesses should be raised by motion. Although the new state wide civil rule will permit the motion to be made during trial, that procedure might not permit proper handling of such a motion. Judge Kieser requests that Frye/Daubert motions be filed two business days before the pretrial conference.

Andrea Bower – There was a nice outing at the Crosscutter’s game on June 29. It was well attended. The Law Association intends to plan another similar outing. Pictures are on the Web site. The Law Association appeals for articles for publication on the Web site. The Association is sponsoring a Bloodmobile today (7/8/02). Andrea raised an issue of how to handle contacts she had been receiving from clients of Dave Marcello, who has voluntarily surrendered his license to practice. Clients have contacted her indicating difficulty obtaining files to transfer to replacement attorneys. The possibility of an action for an appointment of a conservator to take possession of the files was discussed.

Joseph Campagna, Jr. – no report.

Robert Elion – Discussed benefits of use of mediation and suggested the Court promote mediation as an alternative method of disposing of trials. Judge Smith and Judge Kieser indicated the Court is in favor of mediation, but has no involvement in making suggestions for promoting mediation until the pretrial conference.

Gary Harris – no report.

John Humphrey – Followed upon Bob Elion’s suggestion for promoting of mediation. Jack indicated there was a need for a system to lessen the costs of mediation. Judge Kieser mentioned referral to the Lycoming Mediation Services. Jack suggested a region-wide panel of mediators similar to the federal court pro bono mediation system.

William Knecht – no report.

Joy Reynolds McCoy – no report.

Joe Rider – Mentioned a case in which a court held that the life tenant of real estate had the obligation to pay the real estate taxes, but not an obligation to pay for insurance. Joe suggested that anyone drafting life estates in real estate spell out the obligation of the life tenant to keep the property insured.

Kevin Way – The Court is forming a criminal justice advisory committee in an effort to get J-net hooked up. J-net gives instant access to criminal records, warrants and other court proceedings. There are 150 people in Lycoming County trained in the use of J-net.

The Court is also forming a committee headed by Judge Kieser to explore getting additional technology in our courtrooms. There will be representatives of the County Financial Department on the committee.

There will be a ceremony for the admission of new lawyers in October. The form application is on the Web site. The court has received bids for audio recording equipment to be used in domestic relation matters in place of court reporters. Grants for up to 75% of the cost are available.

Gary Weber – There has been no Rules Committee meeting, and no issues presented for discussion. There has been much use of the Law Association Web site. The most used page is the attorney directory and the second most used page is the Court page. The Court was requested to provide more data for posting to the Web site.

Janice Yaw – Custody matters are proceeding well. The list is the shortest it has been, in recent years.

There was no old business.

The next meeting will be October 7, 2002.

Respectfully submitted,

C. Edward S. Mitchell, Chairman