MEETING MINUTES
October 13, 2003
By C. Edward S. Mitchell, Chairman
Present were: Judge Smith, Judge Kieser, Joseph Campagna, Michael Dinges Robert Elion, Charles F. Greevy III, Marc Lovecchio, Edward Mitchell, Jason Poplaski, Joseph Rider, Kevin Way and Gary Weber.
President Judge Smith requested attorneys filing civil scheduling orders in matters where a party is proceeding pro se include the address of the pro se individual on the order.
Judge Smith discussed the make up of the jury pool. It is composed of drivers license records, voting registration records, to some extent occupational privilege tax assessment records and school census lists.
Judge Smith noted that this would be his last Bench Bar meeting as President Judge. He stated he had enjoyed working with the Committee and thanked its members for their cooperation.
Judge Kieser reported on his experience with jury note taking in civil cases. He said overall it worked well. Half of the jurors took notes. There were no interruptions. His staff is developing a technique to secure the notes when the jurors are not in the courtroom or deliberating and to destroy the notes after the completion of deliberations. The process takes a little more time to get the jurors out for recess because of the need to collect notes.
Judge Kieser reminded members of the PFA seminar and requested attorneys and staff members to attend.
Opinions will no longer be published in the Lycoming Reporter. They are available on the Law Association Web site. There needs to be a method of citing and preserving the opinions.
Judge Kieser further reported that at a recent meeting of the AOPC, there was a discussion about sealing of settlement documents in civil cases. The majority of judges statewide are reluctant to seal documents. Within the regional administrative unit, most judges do not seal. Judge Kieser suggested caution in telling parties that the terms of their settlement can be sealed.
Judge Anderson discussed the new DUI law which becomes effective December 30. The law lowers the threshold for presumed intoxication from 0.10 to 0.08. It also increases penalties for subsequent convictions. It is a lengthy, complicated piece of legislation.
Mike Dinges further reported on the new DUI law. The law changes the grading of the first and second offenses based upon blood alcohol content. Some cases will not be entitled to jury trial.
Mike also reported on the Criminal Justice Advisory Board and the central processing of criminal offenses. The anticipated kickoff date, with the cooperation of the Commissioners, will be February 2004.
Kevin Way further reported on the advantages of the central processing.
Gary Weber reported that there is a new state Rule of Civil Procedure for notice of termination of cases for inactivity.
There will be summaries of all Lycoming County opinions published in the Lycoming Reporter. The full opinions can be found on the Law Association Web site.
There will be CLE credits available for the PFA seminar.
Bob Elion reported about a recent incident in which it was determined after a verdict that jurors in a federal court case had done Internet research and considered information learned from the Internet in their deliberations. Bob requested the trial judges warn jurors against doing any Internet research.
Joe Rider – no report.
Joe Campagna – no report.
Skip Greevy thanked the Committee to inviting him to participate in the meeting.