Philadelphia Cnty. C.P. Municipal Court-Traffic Local Rule 454

ROLE OF THE AFFIANT. SENTENCING ORDERS

(a) Summary Trial. The summary trial shall be conducted by Traffic Division judges and hearing

officers as provided by Pa.R.Crim.P. 454 and 1036. At the conclusion of the summary trial, the

judge or hearing officer shall sign the docket of the Traffic Division, identifying the disposition

and the amount of the fine and costs imposed, if any. No facsimile signature may be used to sign

the docket of the Traffic Division.

(b) Evidence.

(1) The law enforcement officer who issued or filed the citation need not appear for the

summary trial. The defendant shall be advised of the charges in the citation.

(2) Any authorized user of the Pennsylvania Justice Network (“JNET”) may produce and

offer to the Court the defendant’s certified driving record, as necessary.

(3) The attorney for the Commonwealth may appear and assume charge of the prosecution

or, when no attorney appears on behalf of the Commonwealth, an affiant may assume charge of

the prosecution and may be permitted to ask questions of any witness who testifies. Such affiant

may request, in open court, that the Traffic Division judge or hearing officer permit the withdrawal

of one or more of the charges pursuant to Pa.R.Crim.P. 457. If the Traffic Division or hearing

officer judge authorizes the withdrawal of one or more of the charges, such withdrawal(s) shall be

noted on the docket of the Traffic Division.

(c) Sentencing Orders. Every defendant shall be given a copy of the written order imposing

sentence issued as required by Pa.R.Crim.P. 454(E). The Traffic Division judges and hearing

officers shall use sentencing orders substantially in the form set forth below whenever a period of

incarceration is entered as part of the sentence.

COMMENT: Unless otherwise required, for purposes of conducting summary

trials and proceedings under Title 75, the Municipal Court Traffic Division is a

court not of record and neither a court reporter or other electronic means shall

be used to record or transcribe the testimony except as provided in Pa.R.Crim.P.

112. The Traffic Division may, however, direct that proceedings conducted before

hearing officers be recorded solely for quality control purposes. These recordings

shall not be deemed a public record and shall not be available, discoverable or

offered in evidence in any proceeding.

Note: Adopted December 21, 2005, effective on February 1, 2006; amended on

May 8, 2014 effective June 23, 2014.

SENTENCING ORDER FORMS

Commonwealth of Pennsylvania

Judge

_____________________________________

Courtroom

_____________________________________

Citation Number(s)

Defendant

A/K/A___________________________________________

PP# Date of Birth

ORDER IMPOSING SENTENCE

(Default of Payment Plan – Pa.R.Crim.P. No. 456)

AND NOW, this ______ day of ________________________ , 20_____, the Court finds that the above

named Defendant has been previously ordered to pay certain fines and costs in connection with the above-referenced

Traffic Citations, as disclosed on the attached print-out. After a hearing, the Court finds that Defendant has, and had,

the financial ability to pay as previously ordered by the Traffic Court, but failed to pay as ordered. The Court finds

that Defendant owes the sum of $ ___________ in connection with the above listed citations and is sentenced to serve

a minimum of _______ days and a maximum of _______ days  Concurrent or  Consecutive ( Check one if

applicable) at the following facility:

____________________________________________________________________________________

Credit in the sum of $40 per day served shall be given pursuant to 75 Pa.C.S. § 6503.

The following additional conditions are applicable:

________________________________________________________________ ________________________.

Defendant may file an Appeal of this sentence for a hearing de novo on the issue of Defendant’s Contempt,

financial ability to pay, and t he propriety of the sentence imposed in the Court of Common Pleas by filing a

Notice of Appeal within THIRTY (30) days, at the Philadelphia Municipal Court Traffic Division, 800 Spring

Garden Street, Philadelphia, PA. The imposition of the sentence is sta yed during the Appeal period. The

Appeal will be dismissed if Defendant fails to appear for the de novo hearing.

Pursuant to Pa.R.Crim.P. No. 454, Defendant is COMMANDED to appear on __________________________, 20

___, at ______ AM/PM., in Courtroom _______, Traffic Division, 800 Spring Garden Street, Philadelphia, PA for

execution of the above prison sentence, unless a timely Notice of Appeal is filed. In the event an Appeal has not

been filed and Defendant fails to appear as ordered above, a Warrant w ill be issued for Defendant’s arrest.

Private Counsel: ___________________________________________________________________ _, Esquire

__________________________________________, Esquire is appointed to represent Defendant as required by

Pa.R.Crim.P. 1035 and T.D.L.R. 1035. Counsel’s appointment shall continue for appellate purposes if the Defendant

is sentenced to a period of incarceration provided that upon the filing of an appeal, the Defendant meets the eligibility

requirements for the appointment of counsel and thus continues to qualify for the appointment of counsel as provided

in Pa.R.Crim.P. 1035 and T.D.L.R. 1035.

I ACKNOWLEDGE RECEIPT OF A

COPY OF THIS ORDER:

________________________________ ________

Defendant Date

_________________________________ Date: ___________

________________________________ _________ JUDGE

Attorney Date

ORDER IMPOSING SENTENCE – MANDATORY SENTENCE

Commonwealth of Pennsylvania

Judge

_____________________________________

Courtroom

_____________________________________

Citation Number(s)

Defendant

A/K/A___________________________________________

PP# Date of Birth

ORDER IMPOSING SENTENCE

(Mandatory Sentence – 1543(b)(1))

AND NOW, this ______ day of ____________________, 20_____, the Court finds that the above named

Defendant has plead guilty or been convicted of violating 75 Pa.C.S. § 1543(b) (1). Defendant is sentenced to pay

fines and costs in the sum of $ ___________, and is sentenced to serve a minimum of _ ______ days and a maximum

of _______ days  Concurrent or  Consecutive (Check one if applicable) at the following facility:

____________________________________________________________________________________

Defendant is not entitled to credit provided in 75 Pa.C.S. § 6504.

The following additional conditions are applicable:

_____________________________________________________________________________________.

Defendant may file an Appeal of this sentence for a hearing de novo in the Court of Common Pleas by filing a

Notice of Appeal within THIRTY (30) days, at the Municipal Court Traffic Division, 800 Spring Garden Street,

Philadelphia, PA. The imposition of th e sentence is stayed during the Appeal period. The Appeal will be

dismissed if Defendant fails to appear for the de novo hearing, and the sentence imposed by the Municipal

Court Traffic Division will be carried out without further order of court.

Pursuant to Pa.R.Crim.P. No. 454, Defendant is COMMANDED to appear on ______________________, 20 ___,

at ______ AM/PM., in Courtroom _______, Traffic Division, 800 Spring Garden Street, Philadelphia, PA for

execution of the above prison sentence, unless a timely Notice of Appeal is filed. In the event an Appeal has not

been filed and Defendant fails to appear as ordered above, a Warrant will be issued for Defendant’s arrest.

 Private Counsel: __________________________________________________________________ _, Esquire

__________________________________________, Esquire is appointed to represent Defendant as required by

Pa.R.Crim.P. 1035 and T.D.L.R. 1035. Counsel’s appointment shall continue for appellate purposes if the Defendant

is sentenced to a period of incarceration provided that upon the filing of an appeal, the Defendant meets the eligibility

requirements for the appointment of counsel and thus continues to qualify for the appointment of counsel as provided

in Pa.R.Crim.P. 1035 and T.D.L.R. 1035.

I ACKNOWLEDGE RECEIPT OF A

COPY OF THIS ORDER:

________________________________ ________

Defendant Date

_________________________________ Date: ___________

________________________________ _________ JUDGE

Attorney Date

ORDER IMPOSING SENTENCE – MANDATORY SENTENCE – SIXTH OR MORE

Commonwealth of Pennsylvania

Judge

_____________________________________

Courtroom

_____________________________________

Citation Number(s)

Defendant

A/K/A___________________________________________

PP# Date of Birth

ORDER IMPOSING SENTENCE

(Mandatory Sentence – Sixth or More 1543(a))

AND NOW, this ______ day of ____________________, 20_____, the Court finds that the above named

Defendant has plead guilty or been convicted of six or more violations of 75 Pa.C.S. § 1543(a), as disclosed on the

attached print-out. Defendant is sentenced to pay fines and costs in the sum of $ ___________, an d is sentenced to

serve a minimum of _______ days and a maximum of _______ days  Concurrent or  Consecutive (Check

one if applicable) at the following facility:

____________________________________________________________________________________

Defendant is not entitled to the credit provided in 75 Pa.C.S. § 6504.

The following additional conditions are applicable:

_____________________________________________________________________________________.

Defendant may file an Appeal of this sentence for a hearing de novo in the Court of Common Pleas by filing a

Notice of Appeal within THIRTY (30) days, at the Municipal Court Traffic Division, 800 Spring Garden Street,

Philadelphia, PA. The imposition of the sentence is stayed during the Appeal perio d. The Appeal will be

dismissed if Defendant fails to appear for the de novo hearing, and the sentence imposed by the Municipal

Court Traffic Division will be carried out without further order of court.

Pursuant to Pa.R.Crim.P. No. 454, Defendant is COMM ANDED to appear on ______________________, 20 ___,

at ______ AM/PM., in Courtroom _______, Traffic Division, 800 Spring Garden Street, Philadelphia, PA for

execution of the above prison sentence, unless a timely Notice of Appeal is filed. In the event an Appeal has not

been filed and Defendant fails to appear as ordered above, a Warrant will be issued for Defendant’s arrest.

 Private Counsel: ___________________________________________________________________, Esquire

__________________________________________, Esquire is appointed to represent Defendant as required by

Pa.R.Crim.P. 1035 and T.D.L.R. 1035. Counsel’s appointment shall continue for appellate purposes if the Defendant

is sentenced to a period of incarceration provided that upon the filing of an appeal, the Defendant meets the eligibility

requirements for the appointment of counsel and thus continues to qualify for the appointment of counsel as provided

in Pa.R.Crim.P. 1035 and T.D.L.R. 1035.

I ACKNOWLEDGE RECEIPT OF A

COPY OF THIS ORDER:

________________________________ ________

Defendant Date

_________________________________ Date: ___________

________________________________ _________ JUDGE

Attorney Date

ORDER IMPOSING SENTENCE – SUBSEQUENT CONVICTIONS

Commonwealth of Pennsylvania

Judge

_____________________________________

Courtroom

_____________________________________

Citation Numbers

Defendant

A/K/A___________________________________________

PP# Date of Birth

ORDER IMPOSING SENTENCE

(Subsequent Convictions – 75 Pa.C.S. § 6503)

AND NOW, this ______ day of ____________________, 20_____, the Court finds that the above named

Defendant has been previously convicted of violating 75 Pa.C.S. §§ 1501(a); 1543(a); 3367; 3733; 3734; or 3748 as

disclosed on the attached print-out. Defendant has today plead guilty or been convicted of violat ing 75 Pa.C.S. §

______________. NOW, THEREFORE, pursuant to 75 Pa.C.S .§ 6503, in addition to the fines and costs imposed as

a result of the conviction of the above violation, Defendant is sentenced to pay fines and costs in the sum of

$________, and is sentenced to serve a minimum of _______ days and a maximum of _______ days  Concurrent

or  Consecutive (Check one if applicable) at the following facility:

____________________________________________________________________________________

Defendant is not entitled to credit provided in 75 Pa.C.S. § 6504.

The following additional conditions are applicable:

__________________________________________________________________________________ __________.

Defendant may file an Appeal of this sentence for a hearing de novo in the Court of Common Pleas by filing a

Notice of Appeal within THIRTY (30) days, at the Municipal Court Traffic Division, 800 Spring Garden Street,

Philadelphia, PA. The imposition of the sentence is stayed during the Appeal period. The Appeal will be

dismissed if Defendant fails to appear for the de n ovo hearing, and the sentence imposed by the Municipal

Court Traffic Division will be carried out without further order of court.

Pursuant to Pa.R.Crim.P. No. 454, Defendant is COMMANDED to appear on ______________________, 20 ___,

at ______ AM/PM., in Courtroom _______, Traffic Division, 800 Spring Garden Street, Philadelphia, PA for

execution of the above prison sentence, unless a timely Notice of Appeal is filed. In the event an Appeal has not

been filed and Defendant fails to appear as ordered above, a Warrant will be issued for Defendant’s arrest.

 Private Counsel: ___________________________________________________________________, Esquire

__________________________________________, Esquire is appointed to represent Defendant as required by

Pa.R.Crim.P. 1035 and T.D.L.R. 1035. Counsel’s appointment shall continue for appellate purposes if the Defendant

is sentenced to a period of incarceration provided that upon the filing of an appeal, the Defendant meets the eligibility

requirements for the appointment of counsel and thus continues to qualify for the appointment of counsel as provided

in Pa.R.Crim.P. 1035 and T.D.L.R. 1035.

I ACKNOWLEDGE RECEIPT OF A

COPY OF THIS ORDER:

________________________________ ________

Defendant Date

_________________________________ Date: ___________

________________________________ _________ JUDGE

Attorney Date

COMMITMENT ORDER

Commonwealth of Pennsylvania Judge

vs. _____________________________________

Courtroom

_____________________________________

Defendant Citation Number(s)

A/K/A___________________________________________

PP# Date of Birth

COMMITMENT

AND NOW, this ______ day of ____________________, 20____, the Court having been informed

that Defendant has not appealed this Court’s Order Imposing Sentence dated

_____________________________ for _________________________________, a copy of which is

attached to this Commitment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this Court’s

sentence as set forth in the above-referenced Order Imposing Sentence shall commence to be served by the

Defendant immediately.

I ACKNOWLEDGE RECEIPT OF A

COPY OF THIS ORDER:

________________________________ ________

Defendant Date

_________________________________ Date: ___________

________________________________ _________ JUDGE

Attorney Date

LOCAL RULE 1030. SCOPE OF SUMMARY TRAFFIC COURT RULES.

The local rules that follow complement Chapter 10, Part B. of the Pennsylvania Rules of Criminal

Procedures, Philadelphia Municipal Court Traffic Division Rules, Pa.R.Crim. P. 1030 et seq., and

the rules referenced thereto, and are intended to identify for counsel and unrepresented parties the

procedural rules applicable to the Traffic Division’s proceedings in Philadelphia County. These

rules are referenced herein as “Local Rules” and shall be cited as “T.D.L.R.”

Note: Adopted December 21, 2005, effective on February 1, 2006; amended on

May 8, 2014. Effective June 23, 2014.

LOCAL RULE 1031. INSTITUTION OF PROCEEDINGS IN SUMMARY TRAFFIC

CASES.

(a) Issued Citations. Scheduling of Summary Trial. Notice To Appear. Service. As authorized

by Pa.R.Crim. P. 1031(B), the citation issued to a defendant pursuant to Pa.R.Crim.P. 405 shall

contain the date, time and location of the summary trial. As authorized by Pa.R.Crim.P. 451(A),

service shall be made by the issuing law enforcement officer who shall hand a copy of the citation

containing the Notice to appear to the defendant.

(b) Filed Citations. Scheduling of Summary Trial. Notice To Appear. Service. A citation filed

pursuant to Pa.R.Crim.P. 410 et seq. shall contain the date, time and location of the summary trial.

Service shall be made as set forth in Pa.R.Crim.P. 451 (B). If the defendant fails to appear for a

summary trial scheduled by first class mail, the hearing will be rescheduled the defendant shall be

served personally or by registered mail, return receipt requested.

(c) Form of the Citation. The citation issued to the Defendant shall be substantially as the form

which follows this Local Rule, and as may be otherwise modified from time to time.

(d) Citations Which Do Not Contain A Hearing Date. If a law enforcement officer does not

enter the date, time and location on a citation issued pursuant to subsection (a), or if the hearing is

scheduled for a non-court day, the court shall schedule or reschedule the summary trial and send a

notice of trial by first class mail.

COMMENT: Notices mailed to a defendant shall be mailed to the defendant’s most

current address available to the Traffic Division. The most current address may be

the address on record with the Pennsylvania Department of Transportation, or the

address the defendant provided to the law enforcement officer at the time the

citation was issued, or the address the defendant has provided to the Traffic

Division, whichever is later.

Note: Adopted December 21, 2005, effective on February 1, 2006; amended on

May 8, 2014. Effective June 23, 2014.

CITATION

LOCAL RULE 1032. PLEAS IN RESPONSE TO CITATION. FAILURE TO TIMELY

PLEA OR PAY THE REQUISITE COLLATERAL.

(a) General Rule. A defendant must enter a plea within ten days after issuance of the citation as

required by Pa.R.Crim. P. 407 regardless of whether the citation issued to the defendant contains

a summary trial hearing date.

(b) Not Guilty Plea. The defendant may plead not guilty in person at the Traffic Division, on-line

through the Court’s website, www.courts.phila.gov (click the “Municipal Court Traffic Division”

link under the section entitled “Courts of the District”), through the Court’s IVR (Interactive Voice

Response system), or by mail by following the instructions contained on the back of the citation.

The summary trial will be held on the date assigned pursuant to Local Rule 1031. No additional

Notice of Trial shall be required to advise the defendant of the summary trial date unless the

summary trial scheduled pursuant to Local Rule 1031 is rescheduled by the Philadelphia Municipal

Court Traffic Division.

(c) Guilty Plea.

(1) Except as provided in paragraph (c)(2), the defendant may plead guilty in person at the

Traffic Division, on-line through the Court’s website, www.courts.phila.gov (click the “Municipal

Court Traffic Division” link under the section entitled “Courts of the District”), through the Court’s

IVR (Interactive Voice Response system), or by mail by following the instructions contained on

the back of the citation.

(2) If the defendant has been cited for violation of 75 Pa.C.S. § 1543 (B), and other

violations which require the imposition of a prison sentence upon a guilty plea or adjudication, the

defendant may not plead guilty by mail or electronically, and the summary trial will be held as

scheduled, unless it is rescheduled by the Court.

(3) Any notice which reschedules a summary trial shall be mailed to the defendant, by first

class mail, at the Defendant’s last known address. A bench warrant shall be issued if the defendant

fails to appear for the summary trial.

(d) Failure to Timely Plea or Post the Requisite Collateral. As required by Pa.R.Crim.P. 430,

a warrant for the arrest of a defendant shall be issued if a defendant fails to enter a plea within ten

days after the issuance of a citation. Moreover, the defendant’s operating privileges may be

suspended pursuant to 75 Pa.C.S. § 1533, and a late fee will be assessed if the defendant fails to

file a plea within ten days after issuance of the citation. A written notice of suspension, issuance

of arrest warrant, or imposition of late fee shall be sent to the defendant, by first class mail, at the

defendant’s last known address.

COMMENT: Notices mailed to a defendant shall be mailed to the defendant’s most

current address available to the Traffic Division. The most current address may be

the address on record with the Pennsylvania Department of Transportation, or the

address the defendant provided to the law enforcement officer at the time the

citation was issued, or the address the defendant has provided to the Traffic

Division, whichever is later.

Note: Adopted December 21, 2005, effective on February 1, 2006; amended on

May 8, 2014; effective June 23, 2014.

LOCAL RULE 1033. PROCEDURES WHEN DEFENDANT ARRESTED WITH

WARRANT.

(a) Defendant Arrested During the Traffic Division’s Hours of Operation.

(1) A defendant arrested pursuant to a Traffic Division warrant shall be brought to the Traffic

Division as soon as practicable after being processed provided the Traffic Division is open.

(2) A warrant hearing shall be conducted promptly by a Traffic Division judge or hear ing

officer to determine the reasons for the issuance of the warrant, and to determine whether a

summary trial or hearing on the matter which resulted in the issuance of the warrant can be held

immediately. At the conclusion of the warrant hearing, all outstanding Traffic Division warrants

against the Defendant shall be withdrawn.

(i) If it appears that the summary trial or hearing on the matter which resulted in the

issuance of the warrant can be held immediately, the summary trial or hearing will be held

immediately.

(ii) If it appears that the summary trial or hearing on the matter which resulted in the

issuance of the warrant cannot be held immediately, and the defendant does not have a

history of failure to appear for Traffic Division hearings:

(A) the Traffic Division judge or hearing officer shall schedule the summary trial or

hearing and determine whether collateral must be posted by the defendant to secure

defendant’s release pending the hearing or summary trial. The Scheduling Orders shall

be substantially in the form which follows this Local Rule;

(B) the defendant shall be released unless collateral has been ordered and has not been

posted; and

(C) if the defendant is ordered to post collateral and the collateral has not been posted,

the defendant shall be brought to the county prison and held pending the summary trial

or hearing. Provided, however, that the defendant shall be released at any time before

the scheduled summary trial or hearing when the collateral is posted.

(iii) If it appears that the summary trial or hearing on the matter which resulted in the

issuance of the warrant cannot be held immediately, and the defendant does have a history

of failure to appear for Traffic Division hearings, especially after personal service o f a

citation or scheduling hearing, the Traffic Division judge or hearing officer shall schedule

the summary trial or hearing without unnecessary delay, but in no event more than 72 hours

from the date of the bench warrant hearing or, if the 72 hours expire on a non-business day,

no later than the close of the next business day, and the defendant may be held in custody

pending the rescheduled hearing. For purposes of this subsection, the term “history of

failure to appear” shall mean that the defendant has failed to appear for at least two (2)

Traffic Division hearings despite service of a date certain citation or notice personally on

the defendant.

(b) Defendant Arrested While the Traffic Division is Closed. A defendant arrested pursuant

to a Traffic Division warrant while the Traffic Division is closed shall be processed as provided in

Philadelphia Municipal Court Rule 540. The Subpoena/Commitment form used by the Municipal

Court arraignment court magistrate shall be substantially in the form which foll ows this Local

Rule.

COMMENT: Pa.R.Crim P. 1033, Philadelphia Municipal Court Rule 540, and this

Local Rule are intended to provide a warrant hearing process which minimizes the

time a defendant is held before a warrant hearing is conducted. However, the very

nature of an arrest, the need to properly identify the defendant, and the internal

protocol the arresting law enforcement officers need to follow incident to an arrest

will, per force, take time. Nonetheless, it is expected that, to the extent possible, the

time a defendant is held be minimized. The standard form of the Scheduling Orders

is set forth below together with documents which will secure defendant’s release

when collateral has been ordered and is posted either at the Traffic Division or at

the Bail Acceptance Unit at the Justice Juanita Kidd Stout Center for Criminal

Justice, which is open around the clock, every day, including holidays.

The standard Scheduling Orders for Summary Trials and Default Hearing place

the defendant on notice that t hat a defendant’s failure to appear will result in the

issuance of a bench warrant and when the defendant is arrest ed, the hearing will

be rescheduled and the d efendant will be held in custody until the rescheduled

hearing date.

Subsection (a)(2)(iii) was added to clearly set forth the maximum amount of time a

defendant who has a history of failure to appear for a Traffic Division hearing or

trial despite personal service of the hearing date can be held pending the

rescheduled hearing date in the event a hearing or trial cannot be held on the day

the defendant is brought to the Traffic Division for a w arrant hearing. The time

period provided in the new subsection is the same as that provided in Pa.R.Crim.P.

150.

It is anticipated that most of the summary trials or hearings will be held on the

same day the defendant is arrested and brought to the Traffic Division on a warrant

issued due to the defendant’s failure to appear. Some defendants may have such

large number of outstanding traffic citations and citations which are in default of

a payment which will require some time to compile the required records and to

obtain the required certified record from the Pennsylvania Department of

Transportation. Nonetheless, the Traffic Division can reasonably do so within the

requisite 72 hour period or release the defendant pending a future scheduled date

if it is unable to do so.

Note: Adopted December 21, 2005, effective on February 1, 2006; amended on

May 8, 2014; effective June 23, 2014.

SCHEDULING ORDER FORMS

SCHEDULING ORDER (SUMMARY TRIAL)

Commonwealth of Pennsylvania

Judge

_____________________________________

Courtroom

_____________________________________

Citation Numbers

Defendant

A/K/A___________________________________________

PP#

Date of Birth

SCHEDULING ORDER

(Summary Trial)

AND NOW, this ______ day of ________________ A.D. 20____, IT IS HEREBY ORDERED that a

Summary Trial is scheduled in connection with the traffic citations listed above and Defendant is

ORDERED to appear on __________________________, 20 ___, at ______ AM/PM., in Courtroom

_______, Municipal Court Traffic Division, 800 Spring Garden Street, Philadelphia, PA.

 The Defendant shall be released on his/her own recognizance pending the above scheduled summary trial.

 The Defendant shall be re leased prior to the above summary trial date upon the posting the sum of $

__________ as collateral for outstanding traffic citations. Provided, however, that if the above rescheduled

hearing date exceeds 72 hours from today, if the requested collateral i s not posted, the defendant shall be

released from custody within 72 hours of today or no later than the close of the next business day if the 72

hours expire on a non-business day.

 There is a likelihood that imprisonment may be imposed at the conclusion of the above scheduled

summary trial. In the event Defendant is not represented, Defendant must report within ten (10) days to the

First Judicial District’s Pretrial Service Division, 5th Floor, 1401 Arch Street, Philadelphia, PA between

the hours of 9:00 A.M. to 4:00 P.M. Monday through Friday for a financial interview to determine eligibility

to court-appointed counsel. Defendant must bring supporting documentation such as Driver’s License,

DPW card, pay stubs etc. at the time of the interview.

The Bench Warrant issued for the Defendant’s arrest is withdrawn.

Defendant’s failure to appear on the above date will result in the issuance of a Bench Warrant. Upon

arrest, the hearing will be rescheduled and Defendant will be held in custody until the re scheduled

hearing date.

I ACKNOWLEDGE RECEIPT OF A

COPY OF THIS ORDER:

________________________________ ________

Defendant Date

_________________________________ Date: ___________

________________________________ _________ HEARING OFFICER/JUDGE

Attorney Date

SCHEDULING ORDER – DEFAULT HEARING

Commonwealth of Pennsylvania

Judge

_____________________________________

Courtroom

_____________________________________

Citation Numbers

Defendant

A/K/A___________________________________________

PP#

Date of Birth

SCHEDULING ORDER

(Default Hearing)

AND NOW, this ______ day of ________________ A.D. 20____, Defendant is ORDERED to appear on

__________________________, 20 ___, at ______ AM/PM., in Courtroom _______, Municipal Court

Traffic Division, 800 Spring Garden Street, Philadelphia, PA, to determine, pursuant to Pa.R.Crim.P. 456,

defendant’s ability to pay the outstanding fines and costs as previously ordered by the Traffic Division, and

to enter any appropriate order, including imposition of any sanctions provided by law. Defendant must

provide appropriate documentation of his/her financial status.

Defendant shall be released on his/her own recognizanc e pending the above financial determination

hearing.

 The Defendant shall be released prior to the above summary trial date upon the posting the sum of $

__________ as collateral for outstanding traffic citations. Provided, however, that if the above rescheduled

hearing date exceeds 72 hours from today, and the requested collateral is not posted, the defendant shall be

released from custody within 72 hours of today or no later than the close of the next business day if the 72

hours expire on a non-business day.

 There is a likelihood that imprisonment may be imposed at the conclusion of the above scheduled

financial determination hearing. In the event Defendant is not represented, Defendant must report within

ten (10) days to the First Judicial District’s Pretrial Service Division, 5th Floor, 1401 Arch Street,

Philadelphia, PA between the hours of 9:00 A.M. to 4:00 P.M. Monday through Friday for a financial

interview to determine eligibility to court- appointed counsel. Defendant must bring supporting

documentation such as Driver’s License, DPW card, pay stubs etc. at the time of the interview.

The bench warrant issued for the Defendant’s arrest is withdrawn.

Defendant’s failure to appear on the above date will result in the issuance of a bench warrant. Upon

arrest, the hearing will be rescheduled and Defendant will be held in custody until the rescheduled

hearing date.

I ACKNOWLEDGE RECEIPT OF A

COPY OF THIS ORDER:

________________________________ ________

Defendant Date

_________________________________ Date: ___________

________________________________ _________ HEARING OFFICER/JUDGE

Attorney Date

SCHEDULING ORDER / COMMITMENT

(FTA after Scheduling Order Issued - BW Issued)

Commonwealth of Pennsylvania

Judge

_____________________________________

Courtroom

_____________________________________

Citation Numbers

Defendant

A/K/A___________________________________________

PP#

Date of Birth

SCHEDULING ORDER/COMMITMENT

(FTA after Scheduling Order Issued – BW Issued)

AND NOW, this ______ day of ________________ 20____, due to Defendant’s failure to appear for a

hearing or trial despite personal service of a Scheduling Order, the Defendant will be held in custody in the

Philadelphia Prisons System until the rescheduled hearing date which shall not exceed 72 hours from today, or no

later than the close of the next business day if the 72 hours expire on a non-business day.

The summary trial or default hearing initially scheduled for ___________________________ is rescheduled

to the next available date in light of the offenses charged and the court’s calendar to __________________________,

20 ___, at ______ AM/PM., in Courtroom _______, Municipal Court Traffic Division, 800 Spring Garden Street,

Philadelphia, PA.

There is a likelihood that imprisonment may be imposed at the conclusion of the above scheduled hearing or

trial. Counsel will be made available to Defendant on the rescheduled hearing date if the defendant is without financial

resources or is otherwise unable to employ counsel.

The Bench Warrant issued for Defendant’s arrest due to Defendant’s failure to appear for the previously

scheduled summary trial or hearing is withdrawn.

TO ANY AUTHORIZED PERSON of the above-named County of this Commonwealth: you are hereby

commanded to convey and deliver into the custody of the Keeper of the county prison the above-named defendant.

YOU, THE KEEPER, are required to receive the defendant into your custody to be safely kept by

you and brought down for the above-scheduled hearing.

I ACKNOWLEDGE RECEIPT OF A

COPY OF THIS ORDER:

________________________________ ________

Defendant Date

_________________________________ Date: ___________

________________________________ _________ HEARING OFFICER/JUDGE

Attorney Date

SCHEDULING ORDER-COMMITMENT

Commonwealth of Pennsylvania

Judge

_____________________________________

Courtroom

_____________________________________

Citation Numbers

Defendant

A/K/A___________________________________________

PP#

Date of Birth

SCHEDULING ORDER/COMMITMENT

AND NOW, this ______ day of ________________ 20____, due to d efendant’s failure to appear for a

hearing or trial despite personal service of a Scheduling Order, the Defendant will be held in custody in the

Philadelphia Prisons System until the rescheduled hearing date which shall not exceed 72 hours from today, or no

later than the close of the next business day if the 72 hours expire on a non-business day.

The summary trial or default hearing is scheduled for __________________________, 20 ___, at ______

AM/PM., in Courtroom _______, Municipal Court Traffic D ivision, 800 Spring Garden Street, Philadelphia, PA.

which the undersigned represents is the most expeditions date in light of the offenses at issue.

Defendant may be released pending the hearing scheduled by this order upon the posting of $ ________ as

collateral. Provided, however, that if the rescheduled hearing date above exceeds 72 hours from today, if the requested

collateral is not posted, the defendant shall be released from custody within 72 hours of today or no later than the close

of the next business day if the 72 hours expire on a non-business day.

There is a likelihood that imprisonment may be imposed at the conclusion of the above scheduled hearing or

trial. Counsel will be made available to Defendant on the re-scheduled hearing date if the defendant is without financial

resources or is otherwise unable to employ counsel.

The Bench Warrant issued for Defendant’s arrest due to Defendant’s failure to appear for the previously

scheduled summary trial or hearing is withdrawn.

TO ANY AUTHORI ZED PERSON of the above-named County of this Commonwealth: you are hereby

commanded to convey and deliver into the custody of the Keeper of the county prison the above-named defendant.

YOU, THE KEEPER, are required to receive the defendant into your custody to be safely kept by

you and brought down for the above-scheduled hearing.

I ACKNOWLEDGE RECEIPT OF A

COPY OF THIS ORDER:

________________________________ ________

Defendant Date

_________________________________ Date: ___________

________________________________ _________ HEARING OFFICER/JUDGE

Attorney Date

PHILADELPHIA MUNICIPAL COURT

TRAFFIC DIVISION

ENFORCEMENT DEPARTMENT

COMMONWEALTH OF PENNSYLVANIA: Citation Nos. _____________________

: PA MOTOR VEHICLE CODE

: DATE: _______________________

v. : PP No._______________________

: SID _________________________

______________________________ :

Defendant: INTAKE No.___________________

COLLATERAL/FINES PAID: $____________________

TO THE KEEPER OF:

____________________ Philadelphia Prisons

____________________ Police Department

____________________ Other

The total collateral or fines imposed by the Philadelphia Traffic Division to

secure defendant’s release having been paid, discharge the above named Defendant from

your custody, if detained for no other cause than stated above.

FOR THE COURT:

Date:____________________ _____________________________

IN THECOURT OF COMMON PLEAS OF PHILADELPHIA COUNTY/

IN THE PHILADELPHIA MUNICIPAL COURT

BAIL ACCEPTANCE OFFICE

COMMONWEALTH OF PENNSYLVANIA Citation Nos. __________________

VS.

_______________________________________ ________________________

Defendant

Collateral/Fines Paid $____________

Processing Fee $5.00

Total Paid $____________

To The Keeper Of:

____________ Philadelphia Prisons

____________ Other

The total collateral or fines imposed by the Philadelphia Traffic Division to secure

defendant’s release having been paid, discharge the above named Defendant from your

custody, if detained for no other cause than stated above.

FOR THE COURT:

Date: __________________ ________________________

Bail Acceptance Officer

COMMENTS:

LOCAL RULE 1035. APPOINTMENT OF COUNSEL.

Counsel shall be provided to Traffic Division defendants who qualify pursuant to Pa.R.Crim.P.

1035 as follows:

(a) Counsel will be appointed on a per diem basis to represent all Traffic Division defendants

entitled to court-appointed counsel in connection with Traffic Division summary trials or hearings

on the day of counsel’s appointment. A separate appointment order, substantially in the form which

follows this Local Rule, will be issued concerning each defendant represented by court-appointed

counsel.

(b) Court-appointed counsel’s appointment terminates at the conclusion of the Traffic Division

hearing; however, in the event any defendant represented during such one day appointment is

sentenced to a period of incarceration, counsel’s appointment will continue for that defendant until

final judgment (including any proceedings upon direct appeal) of such prison sentence.

(c) Court-appointed counsel’s per diem compensation is $200 for representing Traffic Division

defendants at the Traffic Division level regardless of the number of defendants represented on the

assigned day.

(d) Compensation for repr esenting a defendant in connection with an appeal to the Court of

Common Pleas (regardless of the number of citations issued to the defendant which are being

appealed) shall be $200.00.

(e) Court-appointed counsel shall be compensated $300.00 per defenda nt for appeals to any

appellate court from a prison sentence imposed by the Court of Common Pleas.

(f) The appointment of counsel constitutes authority for the defendant to proceed in forma pauperis

and authorization to file pleadings without the payment of filing fees.

Note: Adopted December 21, 2005, effective on February 1, 2006; amended on

May 8, 2014, effective June 23, 2014.

FORM OF APPOINTMENT ORDER

Commonwealth of Pennsylvania: Citation Nos.

vs. :

:

_____________________________

Defendant:

APPOINTMENT O R D E R

AND NOW, this day of, 20, it appearing that there is a likelihood

that imprisonment may be imposed at the conclusion of the Traffic Division summary trial or

hearing, pursuant to Pa.R.Crim.P. 1035 and T.D.L.R. 1035,

_________________________________ , Esquire, is appointed to represent the Defendant in

connection with the above citations.

This appointment is not transferable and is subject to the provisions set forth in Pa.R.Crim.P. 1035

and T.D.L.R. 1035.

This order constitutes authority for the defendant to proceed in forma pauperis.

Appointed counsel certifies that counsel maintains a principal office in Philadelphia County

pursuant to Administrative Governing Board Directive Number 2 of 1997.

Compensation shall be as established in T.D.L.R. 1035.

________________________________

LOCAL RULE 1036. PHILADELPHIA MUNICIP AL COURT TRAFFIC DIVISION

HEARING OFFICERS

(A) Qualifications. A hearing officer:

(1) must be an attorney licensed to practice in the Commonwealth of Pennsylvania and

must possess such experience and meet such additional requirements as may be provided by the

Supreme Court of Pennsylvania in order to be employed as a hearing officer; or

(2) must complete a course of training and instruction in the duties of a Traffic Division

hearing officer as may be established from time to time by the Philadelphia M unicipal Court

Traffic Division consistent with subsection (B) below.

(B) Training and Examination. A person selected by the Philadelphia Municipal Court Traffic

Division as a prospective hearing officer pursuant to subsection (A)(2) above shall:

(1) complete an initial course of training and instruction of not less than twenty-four (24)

hours in subject areas dealing with traffic laws, policies, rules and proceedings and must pass an

examination administered by the Philadelphia Municipal Court Traffic Division or under its

supervision and direction before assuming the position of Traffic Division hearing officer.

(2) Any person selected as a prospective hearing officer who does not complete the initial

course of training and instruction, or who fails the examination, shall not be employed as a Traffic

Division hearing officer.

(C) Continuing Education.

(1) All Municipal Court Traffic Division hearing officers shall complete a continuing education

program each year equivalent to not less than eight (8) hours per year in such courses or programs

as may be established from time to time by the Philadelphia Municipal Court Traffic Division.

(2) At the discretion of the Philadelphia Municipal Court Traffic Division, attendance at training

courses conducted by or on behalf of the Minor Judiciary Education Board may satisfy the training

requirements or continuing education requirements.

(3) The employment of any Traffic Division hearing officer who fails to meet the continuing

education requirements shall be terminated.

(D) The appointment of any employee of the Municipal Court Traffic Division as a “Traffic Court

hearing officer” pursuant to former Pa.R.Crim.P. 1036 (rescinded) and former Phila. T.C. Local

Rule 1036 (rescinded) shall cease on June 23, 2014. From time to time, the Court may direct any

such former Traffic Court hearing officer to assist in issuing payment plans and releasing

impounded vehicles.

NOTE: New Local Rule 1037 adopted May 8, 2014, effective June 23, 2014.

LOCAL RULE 1037. APPEALS FROM TRAFFIC DIVISION ORDERS.

(a) (1) Notices of Appeal from Traffic Division proceedings are to be filed with the Philadelphia

Municipal Court Traffic Division, which will accept them on behalf of the Office of Judicial

Records, Criminal (formerly, the Clerk of Courts and Clerk of Quarter Sessions), at the following

address:

Philadelphia Municipal Court Traffic Division

Appeals Unit

800 Spring Garden Street

Philadelphia, PA 19123

Upon receipt of the Notice of Appeal, the Traffic Division shall transmit the Traffic Division record

to the Court of Common Pleas, Trial Division, Criminal pursuant to Pa.R.Crim.P. 460. The Notice

of Appeal forms shall be posted on the website of the First Judicial District of Pennsylvania at

www.courts.phila.gov/forms.

(2) On appeal, proceedings shall be held as provided in Pa.R.Crim.P. 1037. The Order to

be issued by the Court of Common Pleas judge shall be substantially in the form provided

hereunder.

(b) Motions to Appeal Nunc Pro Tunc and Notices of Appeal Nunc Pro Tunc shall also be filed

with the Philadelphia Municipal Court Traffic Division which will transmit the record to the Court

of Common Pleas, Trial Division, Criminal.

(c) Red Light Appeals. Traffic Di vision orders issued after de novo hearings authorized by 75

Pa.C.S. § 3116 (m)(4) for violations of Automated Red Light Enforcement Systems are appealable

to the Court of Common Pleas, Trial Division, Civil.

(d) Appeals from Impoundment Orders. Notices of Appeal from orders issued upon Requests for

Release of an Impounded Vehicle pursuant to 75 Pa.C.S. §§ 6309, 6309.1 and 6309.2 are to be

filed with the Office of Judicial Records, Civil (formerly, the Prothonotary), electronically through

the website of the First Judicial District at www.courts.phila.gov, or at the following address:

Office of Judicial Records, Civil

Room 296 City Hall

Philadelphia, PA 19107

NOTE: New Local Rule 1037 adopted May 8, 2014, effective June 23, 2014.

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA 3/17/15

COURT OF COMMON PLEAS

Commonwealth of Pennsylvania

: Docket No. CP-51- SA- __ __ __ __ __ __ __- __ __ __ __

:

________________________________________ :

Defendant

ORDER - SUMMARY APPEAL

AND NOW, this ______ day of ____________________, 20, it is hereby ordered, adjudged and decreed that:

 APPEAL HEARING continued to: ____________________________________________________________.

 NOT GUILTY. Upon conclusion of the trial, the defendant is found NOT GUILTY as noted below. The Municipal Court Traffic Division shall

apply any collateral posted by defendant to any fees, fines and costs owed by defendant and shall refund the balance, if any.

 DISMISSAL. The Law Enforcement Officer having failed to appear and testify, all charges are dismissed.

 DEFENDANT FAILED TO APPEAR. MANDATORY SENTENCING. The defendant having failed to appear, the appeal is dismissed, the

judgment of the Municipal Court T raffic Division is entered as the judgment of the Court of Common Pleas, a bench warrant is issued for the

defendant’s arrest, and execution of the sentence shall commence immediately upon defendant's arrest. This order shall author ize Defendant’s

commitment. The defendant is sentenced to serve a period of incarceration as follows: a minimum of _____ days and a maximum of _____ days

as more fully provided in the attached Municipal Court Traffic Division order.

 DEFENDANT FAILED TO APPEAR. OTHER THAN MANDATORY SENTENCE. The defendant having failed to appear, the appeal is

dismissed, and the judgment of the Municipal Court Traffic Division is entered as the judgment of the Court of Common Pleas, as follows:

Citation No. Guilty Section Total Fines & Costs

The defendant is ordered to pay the outstanding fines and costs.

 APPEAL WITHDRWAN. The defendant having withdrawn the appeal, the judgment of the Municipal Court Traffic Division is entered as the

judgment of the Court of Common Pleas, as follows:

Citation No. Guilty Section Total Fines & Costs

and the defendant is ordered to pay the outstanding fines and costs.

 GUILTY. MANDATORY SENTENCING. The defendant is found GUILTY, is sentenced to serve a period of incarceration as follows: a

minimum of _____ days and a maximum of _____ days, and is ordered to pay the outstanding fines and costs totaling $ ____________.

The defendant shall appear for execution of sentence on ____________________, 201___ at ________ AM/PM in Courtroom,

800 Spring Garden Street, Philadelphia, PA 19123 unless the defendant files a notice of appeal within 30 days of today’s date.

 GUILTY. OTHER THAN MANDATORY SENTENCE. The defendant is found GUILTY as noted below:

Citation No. Guilty Section Total Fines & Costs

and is ordered to pay the outstanding fines and costs.

Defendant has the right to appeal to the Superior Court within 30 days of the imposition of sentence. If an appeal is filed, the execution

of sentence will be stayed and the trial judge may set bail. See Pa.R.Crim.P. 462 and 1037.

Jurisdiction is remanded to the Municipal Court Traffic Division pursuant to Pa.R.Crim.P. No. 1037.

______________________________

Honorable

Citation No. Issue Date Citation No. Issue Date

PHILADELPHIA MUNICIPAL COURT

In Re: Philadelphia Municipal Court, Traffic Division

Joint Administrative Order

No. 01 of 2013

O R D E R

AND NOW, this 10 th day of July, 2013, in accordance with the provisions of Act 17 of

2013, it is hereby ORDERED, ADJUDGED and DECREED that effective on June 19, 2013:

(1) The Philadelphia Traffic Court shall be known as the “Philadelphia Municipal Court,

Traffic Division.”

(2) All references to the “Philadelphia Traffic Court” in statutes, ordinances, rules,

regulations, pleadings, notices, orders, reports and other forms shall be deemed to be references

to the “Philadelphia Municipal Court, Traffic Division.”

(3) Until further notice, all hearings and other proceedings concerning prosecutions for

summary offenses arising under the Vehicle Code, 75 Pa.C.S. § 101 et seq., and ordinances

enacted pursuant to Title 75 shall continue to be held at 800 Spring Garden Street, Philadelphia,

PA 19123.

IT IS FURTHER ORDERED, ADJUDGED and DECREED that in order to provide an

efficient and cost-minimizing transition, the Philadelphia Municipal Court, Traffic Division may

continue to use the current supply of citations, notices, orders, reports, stationary and other forms

which contain references to the Philadelphia Traffic Court until such time as the current supply

is depleted and updated forms can be ordered in a fiscally prudent manner.

This Administrative Order is issued in accordance with the April 11, 1986 order of the Supreme Court of Pennsylvania,

Eastern District, No. 55 Judicial Administration, Docket No. 1; and with the March 26, 1996 order of the Supreme

Court of Pennsylvania, Eastern District, No. 164 Judicial Administration, Docket No. 1, as amended. As required by

Pa.R.Crim.P. No. 105 (D), this Order has been submitted to the Supreme Court’s Criminal Procedural Rules

Committee for review and written notification has been received from the Committee certifying that this Or der is not

inconsistent with any general rule of the Supreme Court. This Order shall be filed with the Prothonotary in a docket

maintained for Orders issued by the First Judicial District of Pennsylvania, and, a s required by Pa.R.Crim.P. No.

105(E), two c ertified copies of this Order and a copy on a computer diskette, shall be distributed to the Legislative

Reference Bureau for publication in the Pennsylvania Bulletin. This Order will become effective immediately. As

required by Pa.R.Crim.P. No. 105 (F) one certified copy of this Order shall be filed with the Administrative Office of

Pennsylvania Courts and will also be published on the Unified Judicial System's web site at

http://ujsportal.pacourts.us/localrules/ruleselection.aspx and posted on the First Ju dicial District’s website at

http://courts.phila.gov. Copies shall be published in The Legal Intelligencer and will be submitted to American Lawyer

Media, Jenkins Memorial Law Library, and the Law Library for the First Judicial District.

/s/ Marsha H. Neifield /s/ Gary S. Glazer

____________________________________ ____________________________________

Honorable Marsha H. Neifield Honorable Gary S. Glazer

President Judge Administrative Judge

Philadelphia Municipal Court Philadelphia Traffic Court

In Re: Adoption of a Compliance Program for the Philadelphia Municipal Court

Traffic Division

ADMINISTRATIVE DOCKET

No. 01 of 2015

O R D E R

AND NOW, this 4th day of May, 2015, in order to ensure that the reforms implemented at

the Philadelphia Municipal Court Traffic Division since 2011 remain in effect, and further to

ensure that the Philadelphia Municipal Court Traffic Division continues to operate with integrity

and professionalism so as to promote public confidence in the administration of justice, it is hereby

ORDERED and DECREED that the Compliance Program described in the attached document be

implemented effective immediately.

It is further ORDERED and DECREED that Joseph L. Hassett, Esquire, is appointed

Compliance Officer pursuant to Section V of the Compliance Program.

This Administrative Order is issued in accordance with the April 11, 1986 order of the Supreme

Court of Pennsylvania, Eastern District, No. 55 Judicial Administration, Docket No. 1; and with

the March 26, 1996 order of the Supreme Court of Pennsylvania, Eastern District, No. 164 Judicial

Administration, Docket No. 1, as a mended. This Order shall be filed with the Office of Judicial

Records in a docket maintained for Orders issued by the First Judicial District of Pennsylvania,

and one certified copy of this Order shall be filed with the Administrative Office of Pennsylvania

Courts. Two certified copies of this Order, and a copy on a computer diskette, shall be distributed

to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, shall be

published in The Legal Intelligencer, and will be posted on the First Judicial District’s website at

http://courts.phila.gov. Copies shall be submitted to American Lawyer Media, the Jenkins

Memorial Law Library, and the Law Library for the First Judicial District of Pennsylvania.

/s/ Gary S. Glazer

____________________________________

HONORABLE GARY S. GLAZER

Administrative Judge

Philadelphia Municipal Court Traffic Division

Philadelphia Municipal Court Traffic Division

Compliance Program

May 2015

I. Introduction

The Traffic Division of the Philadelphia Municipal Court adjudicates in excess of one hundred thousand motor

vehicle citations annually and is the court that most Philadelphians encounter during their lives. Public confidence in

the integrity and professionalism of the Traffic Division is essential to the court fulfilling its mission to adjudicate

cases promptly, fairly and cost-effectively.

For decades the former Traffic Court was plagued with recurring scandals that undermined public confidence in the

court. In 2011, following a raid by the Federal Bureau of Investigation, the Pennsylvania Supreme Court took the

unprecedented step of appointing a commissioned Court of Common Pleas judge as Administrative Judge of the

Traffic Court with the mission of reforming the Traffic Court permanently and restoring public confidence in the

adjudication of traffic citations in Philadelphia. Major reforms implemented since 2011 include:

• The enactment of legislation by the Pennsylvania General Assembly transferring jurisdiction for traffic

offenses from the Traffic Court to the Philadelphia Municipal Court and initiating the process for amending

Pennsylvania’s Constitution to abolish the Traffic Court;

• Replacing elected non-attorney Traffic Court judges with state-level attorney hearing officers recruited

through an open process and hired on the basis of merit;

• Arranging for the Philadelphia District Attorney’s Office to represent the Commonwealth at all traffic

proceedings;

• Revising case scheduling procedures to minimize the risk of case-fixing and ensure the integrity of the

adjudicative process;

• Transferring appeals of traffic offense convictions from courtrooms in the Stout Center for Criminal Justice

to a newly established Common Pleas courtroom at 800 Spring Garden staffed by specially designated

Municipal Court judges who have been authorized to hear traffic appeals.

• Conducting mandatory training in ethics and professionalism for all employees of the Traffic Division.

As a result of these and other reforms, and the recent federal prosecutions of former Traffic Court judges and staff,

there is, at present, a high level of confidence that the Traffic Division is operating with integrity and

professionalism. However, history has shown that past efforts to reform the Traffic Court attenuated over time, and

corruption – fueled by the insatiable desire of many Philadelphians to fix traffic tickets – always returned. To

address the risk of corruption returning and to ensure that the Traffic Division continues to operate with integrity

and professionalism into the future, the Traffic Division has adopted this Compliance Program, which is structured

along the lines of compliance programs in the private sector. The program enlists the support of every employee of

the Traffic Division in monitoring the integrity and professionalism of the court’s operations.

II. Statement of Policy

It is the policy of the Traffic Division that:

• All personnel are to adhere to the highest standards of ethical conduct and professionalism.

• Cases are to be adjudicated promptly and fairly and solely on the basis of evidence presented in

open court and in hearing rooms.

• Ex parte communications regarding pending matters are strictly prohibited.

• Defendants and their attorneys are to be treated fairly and equally; no one shall receive special or

preferential treatment.

• Defendants, their attorneys, the public at large, and fellow employees are to be treated with

courtesy and respect at all times.

• Courtrooms and hearing rooms are to operate in a prompt and timely fashion to minimize

inconvenience to the public.

• All employees have a role in maintaining the integrity and professionalism of the court and are

required to report suspect conduct.

III. Potential Risk Areas

This Compliance Program addresses the following risk areas that threaten to undermine the mission of the court:

• Ex parte communications with judges, hearing officers and staff regarding pending cases and

matters.

• Attempts to secure special consideration for fellow employees, friends, family and the politically

connected.

• Inquiries from public officials and their staffs regarding pending cases.

• Political campaign activity by judges, hearing officers and staff.

• Unauthorized access to confidential information such as the PennDOT driving record and the

eTIMS case record information.

• Work hours abuse.

• Discourteous and unprofessional treatment of the public and fellow employees.

• Adjudication of citations involving court employees and their immediate family members.

IV. Standards of Conduct

The Traffic Division operates in a complex regulatory environment established by the following:

• Article V of the Pennsylvania Constitution

• Orders of the Pennsylvania Supreme Court pursuant to its administrative authority

• The Pennsylvania Rules of Criminal Procedure promulgated by the Supreme Court

• Local Rules of Criminal Procedure adopted by the First Judicial District upon review and approval

by the Supreme Court Criminal Procedural Rules Committee

• Orders of the Administrative Governing Board of the First Judicial District

• Written directives of the President Judge of the Philadelphia Municipal Court or the

Administrative Judge of the Municipal Court Traffic Division

• Enactments of the Pennsylvania General Assembly including the State Ethics Act and the

Pennsylvania Crimes Code

• Federal criminal statutes including Theft of Honest Services and Bribery

Compliance with every aspect of the above is critical to the Traffic Division fulfilling its mission. For the purposes

of this program, which is focused on integrity and professionalism, the following codes of conduct i ncorporate the

standards of conduct required by the regulatory scheme:

• Pennsylvania Code of Judicial Conduct: effective July 1, 2014

• Pennsylvania Rules Governing Standards of Conduct of Magisterial District Judges, effective

December 1, 2014

• Code of Conduct for Employees of the Unified Judicial System

• Code of Conduct for Judicial Staff of the First Judicial District

• Code of Conduct for Non-Judicial Staff of the First Judicial District

Every employee must be fully knowledgeable about the code of conduct applicable to his or her position.

V. Compliance Officer

The program shall be overseen by the Compliance Officer, who shall report directly to the Administrative Judge on

all matters relating to the program, unless the Supreme Court has not appointed an Adminis trative Judge for the

Traffic Division, in which event the Compliance Officer shall report directly to the President Judge of the Municipal

Court. The duties of the Compliance Officer are as follows:

1. Implement and administer the Compliance Program.

2. Develop and implement periodic training programs in the areas of ethics and professionalism for all

Traffic Division employees.

3. Ensure that all employees execute an annual acknowledgement that they have read and understand the

personnel policies of the FJD including the applicable Code of Conduct.

4. Implement the process for reporting alleged violations, including a method for anonymous reporting,

pursuant to Section VI of this Program.

5. Develop and maintain a method for logging complaints of unethical conduct.

6. Ensure the protection of whistleblowers from retaliation.

7. Oversee the investigation and resolution of complaints.

8. Confer with the Administrative Judge regarding the action to be taken on complaints that have been

determined to be founded, including personnel actions and referrals to appropriate authorities.

9. Meet monthly with the Administrative Judge to review matters relevant to compliance.

VI. Procedures for Reporting

The Program’s reporting procedures are designed to encourage employees to report suspect activity. Reports may be

made verbally or in writing, and on a named basis or anonymously. The Compliance Officer shall keep the

Administrative Judge apprised of all complaints of suspect conduct. Specific provisions concerning reporting are as

follows:

A. Confidentiality

An employee making a report shall not disclose to others that the report has been made. The

requirement, applicable to the reporting employee, is intended to protect the integrity of the fact-finding process; to protect the reporting employee from retaliation; and to prevent reputational harm to

the subject during the pendency of the investigation and after the investigation in the event that the

report is determined to be unfounded. While the Compliance Officer is not bound by confidentiality,

the Compliance Officer shall, where possible, use discretion to minimize the risk of retaliation against

the reporting employee.

B. Named Reporting

Suspect conduct may be reported in person or in writing to the Compliance Officer. If provided in

writing, the report should be submitted on the appropriate form, a sample of which is attached. Within

five days, or as soon as practicable, of receiving a named report, the Compliance Officer shall notify

the reporting employee of the status of the matter.

C. Anonymous Reporting

Employees may also report suspect activity anonymously by sending a written but unsigned report to

the Compliance Officer on the form provided, or by leaving a voicemail on the Traffic Division

Compliance Program’s Hotline at 215-686-1625.

D. False Reporting

The purpose of this program is to ensure the integrity and professionalism of the Traffic Division.

While employees are encouraged to make good faith reports of suspected unethical or unprofessional

conduct, intentional false reporting could lead to disciplinary action, up to and including termination.

VII. Response, Monitoring and Tracking

1. The Compliance Officer shall keep a log of all reports received. The log shall include the date

and time of the report, the names of the reporter and the subjects, the date, time and place of the

alleged conduct, and a narrative description of the conduct.

2. The Compliance Officer shall, within thirty days of the receipt of a report, conduct a preliminary

review to determine whether the report is founded and whether further investigation is warranted.

3. If the Compliance Officer determines that the report is unfounded, the Compliance Officer will

confer with the Administrative Judge and close the matter.

4. If the Compliance Officer determines that the report is founded, he/she shall consult with the

Administrative Judge to determine appropriate action to be undertaken.

VIII. Monitoring of Key Risk Indicators

In addition to the reporting procedures set forth above, the Compliance Program includes the monitoring of

key risk indicators for evidence of unethical activity. Key risk indicators are statistical measures that are

applied to the data in the periodic reports generated by court administration.