Philadelphia Cnty. C.P. CP-Trial Division-Criminal (front matter)

First Judicial District of Pennsylvania

Court of Common Pleas of Philadelphia County

Trial Division - Criminal

Local Rules

12-18-2021

PHILADELPHIA COUNTY COURT OF COMMON PLEAS

TRIAL DIVISION – LOCAL CRIMINAL RULES

Rule *122-3 Standards for Appointment of Appellate Counsel in cases where the death penalty has been

Rule *122-4 Standards for Appointment of Appellate Counsel in cases where the death penalty has not been

Rule *536 Procedures upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration

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12-18-2021

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12-18-2021

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ORDERS AND REGULATIONS

From time to time, the Administrative Governing Board of the First Judicial District of Pennsylvania,

the President Judge of the Court of Common Pleas, and the Administrative Judge of the Trial Division

of the Court of Common Pleas may issue Administrative Orders and General Court Regulations

which may impact the nu mbered rules. All such Administrative Orders and General Court

Regulations are available at the following link: http://www.courts.phila.gov/regs/. The list below is

not comprehensive.

GENERAL COURT REGULATIONS

5-23-16: Trial Division: No. 1 of 2016: In re: Juvenile Lifers Sentenced Without the Possibility of Parole Program

2-27-12: Trial Division: No. 2 of 2012: In re: Capital Case Counsel Qualification

4-01-06: PJs and AJ Trial: No. 2006-02: In Re: Bail Bonds Posted By Professional Bondsmen

4-04-06: PJs and AJ Trial: No. 2006-03: In re: Bail Bonds Posted By Corporate Sureties and Their Agents

ADMINISTRATIVE ORDERS

6-28-18: In re No. 01-2017 Re: Court-Appointed Counsel, Investigative and Expert Witness Payment Orders and Vouchers to

be used for court-appointments made on and after July 1, 2018

6-26-17 as amended by 9-18-17: In Re: First Judicial District of Pennsylvania Court-Appointed Counsel, Investigative and

Expert Witness Fee Schedule

9-18-17: In re: AGB Order No. 01 of 2017: First Judicial District of Pennsylvania Court-Appointed Counsel, Investigative and

Expert Witness Fee Schedule

6-26-17: No. 01 of 2017: First Judicial District of Pennsylvania Court-Appointed Counsel, Investigative and Expert Witness

Fee Schedule

1-17-13: AGB: No. 01 of 2013: Compensation for Capital Case Representation

4-03-12: AGB: No. 01 of 2012: In Re: Corporate Sureties and Professional Bondsmen

4-03-12: AGB: No. 02 of 2012: In Re: Payment of Court Appointed Counsel for Indigent Representation - Fiscal Year 2013

(July 1, 2012 to June 30, 2013) and thereafter

9-04-12: AGB: No. 05 of 2012: In Re: Interim Revision of Pretrial Release Guidelines

2-29-12: PJ: No. 01 of 2012: In re: Motions to Vacate or Reduce Bail Forfeitures

6-17-11: PJ: No. 02 of 2011: In Re: Adoption of Philadelphia County’s Countywide Booking Center Plan

12-13-07: Trial Division: CP-51-CR-AD-1 of 2007: Adult Probation/Parole Officers Firearms Policy

12-24-02: PJ: No. 10 of 2001: In re: Appointment of Mitigation Counsel and Adoption of Mitigation Protocol for Court-Appointed Conflict Capital Cases

2-05-97: AGB: No. 1 of 1997: In Re: Directive Concerning Court Appointed Counsel Fees

3-31-97: AGB: No. 2 of 1997: In Re: Directive Concerning Location of Principal Office of Court Appointed Counse l

Court Forms are available at www.courts.phila.gov/forms.

PHILADELPHIA COURT OF COMMON PLEAS

TRIAL DIVISION, CRIMINAL

Philadelphia Criminal Rules of Procedure

Rule *100. Scope of Rules.

These local rules shall govern criminal proceedings in the Trial Division of the Court of

Common Pleas of Philadelphia County unless otherwise specifically provided.

Note: Unless otherwise noted, adopted June 4, 2014, effective July 21, 2014.

Rule *102. Citing the Philadelphia Criminal Rules.

These rules shall be known as the Philadelphia Court of Common Pleas Criminal Rules and shall

be cited as “Phila. Crim. R.”

Rule *103. Definitions

The following words, phrases and descriptive functions shall clarify and supplement the

definitions set forth in Pa.R.Crim.P. 102 and 42 Pa.C.S. § 102 et seq.:

“Office of Judicial Records.” The office formerly known as the Office of the Clerk of Quarter

Sessions (which was abolished by the Council of the City of Philadelphia effective on July 1,

2010) and the Clerk of the Courts. The Office of Judicial Records is responsible for maintaining

the official criminal case file, maintaining docket entries in each criminal case, and performing

such other duties as required by law.

“Defendant’s Service Address.” Beginning at the preliminary arraignment and continuing until

final disposition of the case, including the payment of all fines, costs and restitution ordered to be

paid, the defendant shall provide a current address upon which service of all notices may be

made. Defendant shall update any change of address within ten (10) business days of the

defendant’s move by contacting the Office of Court Compliance, Room 370 City Hall,

Philadelphia, PA 19107 or by email at OCC@courts.phila.gov.

Note: Amended September 20, 2019, effective December 2, 2019

Rule *104. Design of Forms

All local forms shall comply with the Pennsylvania and Philadelphia Rules of Criminal

Procedures, shall be approved by the Administrative Judge of the Trial Division, may be

amended from time to time at the direction of the Administrative Judge of the Trial Division, and

shall become effective upon compliance with Pa.R.Crim.P. 105. All local forms shall be posted

on the First Judicial District’s website (www.philacourts.us/forms).

Note: Amended September 20, 2019, effective December 2, 2019

Rule *105. Local Rules.

The term "local rule" shall include General Court Regulations and Administrative Orders issued

by the Administrative Judge of the Trial Division and President Judge of the Court of Common

Pleas.

Rule *107. Contents of Subpoena.

(A) Forms. Consistent with the requirements of Pa.R.Crim.P. 107, a Personal Appearance

Subpoena and Subpoena Duces Tecum are adopted substantially as appended to these rules, and

may be amended from time to time. All parties shall request subpoenas from the Office of

Judicial Records which shall issue same upon payment of any requisite fees.

(B) A subpoena may be used to command a person to attend and to produce documents or things

at trial or hearing in an action or proceeding pending in court.

(C) Subpoenas Served on the First Judicial District or any of its employees. All subpoenas

directed to the First Judicial District or any of its employees shall be served on the Deputy Court

Administrator for Legal Services, Room 369 City Hall, Philadelphia, PA who has been

designated as the agent for acceptance of service of process and subpoenas directed to the First

Judicial District or any of its employees.

Explanatory Note: Act 81 of 2006 requires the payment of $43.00 plus mileage to the “First Judicial

District of Pennsylvania” if District records are subpoenaed.

Note: Amended September 20, 2019, effective December 2, 2019

Rule *115. Recording and Transcribing Court Proceedings.

The making, preserving, transcribing and requests for transcripts of proceedings in the First

Judicial District of Pennsylvania shall be governed by Pennsylvania Rule of Judicial

Administration No. 4001 et seq., and Philadelphia Rule of Judicial Administration No. *4007 et

seq.

Note: Amended September 20, 2019, effective December 2, 2019

Rule *122. Appointment of Counsel in the First Judicial District of Pennsylvania

[RESERVED]

Rule *122-1. Standards for Appointment of Counsel

(A) Lists of Qualified Attorneys

The Criminal Listing Department will maintain a list of attorneys qualified for appointment in

each of the following categories of cases:

(1) Capital Homicide Lead Counsel

(2) Capital Homicide-Penalty Phase Mitigation Counsel

(3) Non-Capital Homicide

(4) Capital homicide appellate

(5) Non-capital homicide appellate

(6) Homicide PCRA

(7) PCRA

(8) Felony

(9) Misdemeanor

(B) Selection of Attorneys

(1) Each attorney who desires appointment in each of the above categories of cases must fill

out the appropriate Application for Court Appointment Certification which shall be updated

from time to time by the Administrative Judge of the Trial Division, shall reference the

necessary qualifications, and shall be posted on the websites of the First Judicial District and

the Philadelphia Bar Association. The Application will be submitted to a Screening

Committee of the Philadelphia Bar Association. The Screening Committee shall consist of

members appointed by the Administrative Judge of the Trial Division. Neither the Chief

Defender, nor any attorney from the Defender Association of Philadelphia, nor any attorney

from the District Attorney's Office shall be eligible for appointment to the Screening

Committee. The Administrative Judge of the Trial Division shall appoint no fewer than three

members as the Screening Committee.

(2) The Screening Committee will periodically review all Applications submitted, and will

designate attorneys who are qualified for handling each category of case; the Screening

Committee will maintain such lists of attorneys. It will be the duty of the Screening

Committee to review these lists regularly, to add new applicants who meet the qualifications.

No member of the Screening Committee will be permitted to accept an appointment during

the member’s term on the Screening Committee.

(3) From time-to-time, the lists of approved attorneys will be made available to the judges

authorized to make appointments.

Note: Amended September 20, 2019, effective December 2, 2019. Amended by

Order dated November 30, 2021 (see President Judge GCR No. 43 of 2021),

published in the Pennsylvania Bulletin on December 18, 2021, effective January

17, 2022.

Rule *122-2. Standards for Appointment in Homicide Trial Cases

(A) Qualifications for Counsel

An attorney may be appointed as counsel only if that attorney:

(1) Has been admitted to the bar of the Pennsylvania Supreme Court, or admitted to

practice pro hac vice;

(2) Is an active trial and/or appellate practitioner who carries a current criminal caseload

with at least three years litigation experience (trial and/or appellate) in the field of

criminal law in this or any other jurisdiction;

(3) Has prior experience as lead counsel in no fewer than ten criminal trials which were

tried to completion in this or any other jurisdiction;

(4) Has been lead counsel in at least five felony trials within the past two year period;

(5) Is familiar with the practice and procedure of the Pennsylvania Supreme Court, and

the Philadelphia Court of Common Pleas, and is reasonably available to accept

appointments;

(6) Has prior experience as counsel in no fewer than five major felony jury criminal trials

which were tried to completion in this or any other jurisdiction in the last three years.

“Tried to completion” shall include trials in which the jury is discharged at the conclusion

of the case without reaching a verdict; and

(7) Any attorney who also desires to be court-appointed in capital cases must meet the

educational and experiential criteria set forth in Pa.R.Crim.P. 801.

Note: Amended September 20, 2019, effective December 2, 2019

Rule *122-3. Standards for Appointment of Appellate Counsel in Cases Where the Death

Penalty Has Been Imposed

(A) Qualifications for Counsel

An attorney may be appointed as appellate counsel in cases in which the death penalty has

been imposed only if that attorney:

(1) Has been admitted to the Bar of the Pennsylvania Supreme Court, or admitted to practice

pro hac vice;

(2) Meets the educational and experiential criteria set forth in Pa.R.Crim.P. 801;

(3) Has submitted a writing sample to the Screening Committee for one of the cases that

meets the Rule 801 requirements; and

(4) Is readily available to accept appointments.

Note: Amended September 20, 2019, effective December 2, 2019

Rule *122-4. Standards for Appointment of Appellate Counsel in Cases Where the Death

Penalty Has Not Been Imposed

(A) Qualifications for Counsel

An attorney may be appointed as appellate counsel in cases in which the death penalty has

not been imposed only if that attorney:

(1) Has been admitted to the Bar of the Pennsylvania Supreme Court, or admitted to

practice pro hac vice;

(2) Has provided a writing sample to the Screening Committee for one of the cases which

meet the requirements referenced in paragraph 3 below;

(3) Has filed briefs within the past two years, as appellate counsel in either the

Pennsylvania Supreme or Superior Court in no fewer than three criminal cases, or has

otherwise demonstrated to the Screening Committee appellate experience and a

knowledge of Pennsylvania appellate practice comparable with the requirements set forth

in Rule *122-3;

(4) Is readily available to accept appointments.

Note: Amended September 20, 2019, effective December 2, 2019

Rule *122-5. Standards for Appointment of Counsel in Non-Capital Homicide PCRA and

all other PCRA Cases

(A) Qualifications for Counsel

An attorney may be appointed as counsel in PCRA and other post-conviction matters, only if

that attorney:

(1) Has been admitted to the Bar of the Supreme Court of Pennsylvania or has been

admitted to practice pro hac vice;

(2) Has experience, within the past two years, as PCRA counsel in no fewer than two

cases in which a PCRA hearing has been held, or has completed one Continuing Legal

Education program on Pennsylvania post-conviction practice within the past year;

(3) Has participated in the preparation and litigation of three criminal adversarial

hearings where factual issues were contested, and has comparable experience. (This may

include the two PCRA hearings required in paragraph 2.);

(4) Is readily available to accept appointments.

Note: Amended September 20, 2019, effective December 2, 2019

Rule *122.6. Standards for Appointment in Felony Cases

(A) Qualifications for Counsel

An attorney may be appointed as counsel only if that attorney:

(1) Has been admitted to the bar of the Pennsylvania Supreme Court, or admitted to

practice pro hac vice;

(2) Is an active trial and/or appellate practitioner with at least two years litigation

experience (trial and/or appellate) in the field of criminal law in this or any other

jurisdiction;

(3) Has prior experience as counsel in no fewer than five criminal trials which were tried

to completion in this or any other jurisdiction in the last three years;

(4) Has been lead counsel in at least two felony trials within the past two year period, or

has completed at least one Continuing Legal Education program in the field of criminal

law within the past year and has comparable experience;

(5) Is familiar with the practice and procedure of the Pennsylvania Supreme Court, and

the Philadelphia Court of Common Pleas, and is reasonably available to accept

appointments;

(6) Has prior experience as counsel in no fewer than five felony criminal trials which

were tried to completion in this or any other jurisdiction. “Tried to completion” shall

include trials in which the jury is discharged at the conclusion of the case without

reaching a verdict. No more than two of the required five trials shall consist of major

felony juvenile cases; and

(7) All attorneys certified in this category automatically shall be certified to handle non-homicide appellate and non-homicide PCRA matters.

Note: Amended September 20, 2019, effective December 2, 2019

Rule *122–6. Standards for Appointment of Counsel in Misdemeanor Cases

Note: Rescinded September 20, 2019, effective December 2, 2019

Rule *122–7. Experience Exception To Standards

(A) If any applicant fails to meet any of the above specified standards, the Screening Committee,

after conducting a personal interview with the applicant, may rate the applicant to be qualified if

the applicant's experience, knowledge and training are clearly equivalent to the standards for the

category in which the applicant seeks qualification, except as otherwise required by Pa.R.Crim.P.

801.

(B) Even if the applicant meets all of the specific standards in any category, but it appears to the

Selection Committee that the applicant's experience, knowledge, training and/or past

performance in specific cases, may show the need for more training or supervision, the

Screening Committee may require the applicant to appear before the Screening Committee for a

personal interview, after which the Screening Committee may approve the applicant, or may

require the applicant to undergo specified remedial measures before being approved. If the

applicant refused to undergo those measures, or if after completing the measures, the Screening

Committee still rejects the application, then the applicant may appeal the disapproval as provided

in Rule *122-8.

Note: Amended September 20, 2019, effective December 2, 2019

Rule *122–8. Performance Standards; Processing Complaints

(A) General: The Screening Committee may refuse to approve applicants as provided in Rule

*122-7.

(B) Processing Complaints.

Any complaint about the performance of any court-appointed counsel shall be submitted to

the Supervising Judge of the Criminal Trial Division for review and appropriate disposition,

which may include the removal of the attorney from the applicable court-appointment list in

the Court of Common Pleas, Criminal Trial Division.

Note: Amended September 20, 2019, effective December 2, 2019. Amended by

Order dated November 30, 2021 (see President Judge GCR No. 43 of 2021),

published in the Pennsylvania Bulletin on December 18, 2021, effective January

17, 2022.

Rule *122-9. Remedial Measures

Note: Rescinded September 20, 2019, effective December 2, 2019

Rule *122–10. Appointment of Counsel in Multiple Defendant Cases

Note: Rescinded September 20, 2019, effective December 2, 2019. The subject matter of this rule

is addressed in Rule *122.

Rule *122-11. Payment Authorization Process for First Judicial District of Pennsylvania

Court-Appointed Counsel

RESERVED

Rule *122-12. Compensation Rates for Court-Appointed Counsel

RESERVED

Rule *122-13. Procedure in Cases Involving Ineffective Assistance of Counsel

Note: Rescinded September 20, 2019, effective December 2, 2019.

Rule *122-14. Attorneys with Twenty (20) or More Cases

Note: Rescinded September 20, 2019, effective December 2, 2019.

Rule *202. Approval of Search Warrant Applications by the Attorney for the

Commonwealth

The District Attorney of Philadelphia County having filed a certification pursuant to

Pa.R.Crim.P. 202, no search warrants shall be submitted to any judicial officer unless it has first

been reviewed and approved by an attorney for the Commonwealth.

Note: Former Philadelphia Criminal Rule 402. Renumbered June 4, 2014, effective July 21, 2014.

Rule *435. Cases in which the Defendant is a Minor.

(A) In all cases, the preliminary arraignment will be held by the Philadelphia Municipal

Court’s Arraignment Court Magistrates.

(B) The Arraignment Court Magistrate shall schedule all Direct File Juvenile cases before a

Municipal Court Judge or a Common Pleas Court Judge, as appropriate, for a status conference

pursuant to Pa.R.Crim.P. 595.

(1) If the Defendant has not filed a motion for transfer to juvenile proceedings pursuant to

Pa.R.Crim.P. 596, the case shall be scheduled for trial in the Court of Common Pleas Trial

Division.

(2) If the Defendant has filed a motion for transfer and the motion is denied, the case shall be

scheduled for trial in the Court of Common Pleas Trial Division.

(3) If the Defendant has filed a motion for transfer and the motion is granted, the case will be

listed for appropriate action in Family Court.

Note: Amended September 20, 2019, effective December 2, 2019.

Rule *462. Trial De Novo. Summary Appeals

The Court of Common Pleas may schedule a status conference prior to the de novo summary

trial. In the event the attorney for the Commonwealth and the defendant reach a negotiated plea,

the plea may be entered before a Trial Commissioner and, upon approval by a judge, the

negotiated sentence will be recorded. In the event a negotiated plea is not reached or is not

approved by the Court, the case shall be heard de novo by a judge of the Court of Common Pleas

sitting without a jury.

Note: Amended September 20, 2019, effective December 2, 2019.

Rule *507. Approval of Police Complaints and Arrest Warrant Affidavits by the Attorney

for the Commonwealth

The District Attorney of Philadelphia County having filed a certification pursuant to

Pa.R.Crim.P. 507, criminal complaints and arrest warrant affidavits by police officers, as defined

in the Rules of Criminal Procedure, charging any misdemeanor or felony shall not be submitted

to any judicial officer unless it has first been reviewed and approved by an attorney for the

Commonwealth.

Note: Former Philadelphia Criminal Rule 401. Renumbered June 4, 2014, effective July 21, 2014.