MEETING MINUTES

January 3, 2005
By C. Edward S. Mitchell, Chairman

Present were: Judge Brown, Judge Kieser, Judge Butts, Judge Anderson, Judge Gray, Sr. Judge Smith, Brian Bluth, Jack Humphrey, William Knecht, C. Edward S. Mitchell, Joseph Rider, Clifford Rieders, Darryl Wishard, and Janice Yaw.

Judge Brown wished everyone a Happy New Year.

Judge Brown reported on the statewide computer system for criminal cases which will be in service sometime in February. The APOC is conducting training and a demonstration on January 18. It is anticipated the system will cause short term problems, but hopefully have long-term advantages. It will include information from all counties concerning an individual’s criminal status.

Judge Brown also reported on the continued pressure on the court system caused by pending criminal jury trials. Criminal cases are staying longer in the system (six months to one year) before plea. Therefore, the trial lists are long for monitoring and pretrial. In order to attempt to reduce the backlog, more criminal trial days are being added to the court calendar. These are being taken from Judge Anderson’s civil trial weeks. There is also an effort to expedite pleas. There are now status conferences thirty days after arraignment to bring the attorneys into Judge Brown’s chambers to discuss cases and to attempt to bring those which will not be tried to disposition sooner. At the end of six months, Judge Brown’s and Judge Butts’ criminal case loads will be analyzed to determine whether the early status conferences are effective in reducing the trial lists.

The Yasipour murder case has been returned from the Superior Court and will be tried during 2005.

Judge Kieser reported on the drafting of local rules to bring the local rules in compliance with new state rule requirements. The new local rules will be published approximately January 30. Under the new rules, Judges can require responses to motions in civil cases. If responses are required and are not filed, the factual averments contained in the motions are deemed admitted. There is also a more limited use of rules to show cause. They will now be applicable in motions to set aside non prosses or default judgments. There is a redesigned coversheet. All discovery motions must be scheduled for argument.

Judge Kieser is trying to put together a medical malpractice mediation plan for the regional unit. This is in response to the new state rules which permit defendants to request mediation before exchange of expert reports. Mediators will initially be identified from the federal court trained mediation panel.

Judge Kieser also commented on the success of the Lycoming Mediation Project in settling cases from his trial list.

Judge Kieser also commended Judge Butts and the Juvenile Probation Department on the success of the juvenile drug court.

Judge Kieser also commented that all cases on his January trial list have received dates certain.

Judge Butts discussed the drug court for juvenile drug cases. It has been in effect for one year and has ten participants. It is considered effective in dealing with appropriate juvenile drug offenders.

There is a separate adult drug court which has been in place since 1988.

Judge Anderson will also be conducting a DUI court beginning in March.

Judge Anderson discussed the DUI court which he will be conducting. It is in response to the new legislative changes in DUI sentencing and the reduction of the blood alcohol level for DUI convictions. The applicants will be required to undergo intense treatment and if successful will receive less extensive incarceration. They will also be monitored with devices which sense the use of any alcohol.

Judge Gray discussed the meeting he held last November with family court practitioners. He also discussed the problem within the family court caused by delay in getting before the masters in equitable distribution matters. There has been delays of as long as six months.

Senior Judge Smith reported that he has been handling cases as a senior judge in eight or nine counties. His experience indicates the Lycoming County Court is far ahead of most courts in its organization and administration and the disposition of pending cases.

Cliff Rieders commented on Judge Kieser’s discussion of the mediation plan for medical malpractice cases. Cliff pointed out that judges can also be mediators, and expressed confidence in the abilities of the judges within the regional unit to handle mediation of medical malpractice cases.

Bill Knecht amplified Judge Kieser’s expressed pleasure with the Lycoming Mediation Project. Bill reported on a recent mediation in a real estate dispute which was conducted on site.

Joe Rider commented on Senate Bill 95 which is now Act Number 175. The Act provides for additional property subject to the election of a surviving spouse against the decedent spouse’s will and additional property over which the decedent spouse continued to have rights at the time of his or her death and the property conveyed by the decedent within one year of his or her death.

Janice Yaw also commented on Senate Bill 95 which is now Act Number 175. The election provisions do not apply in the event the married person dies during the course of a divorce proceeding without a decree if grounds for divorce have been established. The Act also contains provisions pertaining to the setting aside of premarital agreements. The Act also contains provisions on bifurcation in divorce proceedings.

Ed Mitchell announces that, according to the Court calendar, meetings for the remainder of the year will be April 4, August 1 and October 3. A new Committee will be appointed by the President of the Association following the annual meeting on January 10, 2005.