Philadelphia Cnty. C.P. Municipal Court-Criminal Rule 431

Counsel representing defendants in 20 or more criminal cases in Philadelphia Municipal Court

which have not been brought to trial within 4 months of Preliminary Ar raignment (hereinafter

referred to as “case inventory”) shall be precluded from entering an appearance for or in any other

manner representing any additional defendant or defendants in any other criminal case in any court

in this county until such time as said case inventory is reduced to less than 20 cases.

(A) At the end of every month, the court will prepare a list of attorneys who, at such time, represent

such a case inventory. The list shall include the attorney’s name, the number of cases in the

case inventory, the name of the defendant in each case, and the court term and number. A copy

of this list shall be provided to the Supervising Judge of the Municipal Court’s Criminal Division and the Office of the District Attorney. The Supervising Judge shall review the list and

give notice to counsel that this Rule will become operative, unless within 10 days of receipt of

the letter counsel provides a written response to the Supervising Judge explaining why the rule

should not become operative; such explanation to include the accuracy of the list, the

responsibility for the delay, and the existence of e xtraordinary circumstances or compelling

reasons justifying exemption.

(B) If the Supervising Judge determines that a hearing is needed, one shall be scheduled. Notice

of the hearing shall be given to counsel and the District Attorney, both of who shall have the

right to be heard and to present documentary and other pertinent evidence.

(C) The Supervising Judge shall make Findings of Fact.

(D) Upon finding that counsel’s excess case inventory has not been caused by counsel’s inability

to appear for cases that are otherwise ready for disposition, the Su pervising Judge shall enter

an Order relieving counsel from the application of this Rule.

(E) Where counsel has one or more partners or associates in the practice of law, entries of

appearance by any partner or associate shall not be considered in determining the defendants

represented by counsel whose cases have not been brought to trial within the 4 month time

period described in section (A). In no event shall substitution of appearances be permitted by

counsel where the apparent purpose of such substitution is to avoid compliance with this

Rule.

Note: Adopted May 23, 1984. Amended by the Municipal Court Board of Judges on November 18, 2005;

effective March 15, 2006.