Pike Cnty. C.P. Local Rules Local Rule 590

A. Generally

1. A plea shall be taken in open court.

2. A defendant may plea, guilty, not guilty, or, with the consent of the Judge, nolo

contendere. If the defendant refuses to plea, the Judge shall enter a plea of not

guilty on the defendant’s behalf.

3. The Judge may refuse to accept a plea of guilty or nolo contendere, and shall not

accept it unless the judge determines, after inquiry of the defendant, that the plea

is voluntary, and understandingly tendered. Such inquiry shall appear on the

record.

a. During the course of counseling a defendant relative to any plea of guilty

or nolo contendere in the Court of Common Pleas, counsel shall review

with the defendant a Pike County guilty plea colloquy form available from

the Office of the District Attorney, and shall explain to the defendant the

contents of that form.

b. Such forms shall be initialed and signed where appropriate and counsel’s

signature thereon shall constitute a certification by the attorney that he has

read, discussed and explained the plea form with the client, and that to the

best of his knowledge, information and belief, his client understands the

guilty plea colloquy and accepts the terms of the plea agreement if any.

c. Guilty plea colloquy forms shall be filed in open Court at the time of entry

of any plea of guilty or nolo contendere.

d. For pleas to a summary offense, the plea form need only consist of the

disposition page, and need only state the offenses to which the defendant

is pleading and any terms of a plea agreement.

B. Plea Agreements

1. When counsel for both sides have arrived at a plea agreement, they shall state on

the record in open court, in the presence of the defendant, the terms of the

agreement, unless the judge orders, for good cause shown and with the consent of

the defendant, counsel for the defendant, and attorney for the commonwealth, that

specific conditions in the agreement be placed on the record in camera and the

record be sealed.

a. All plea agreements are to be in writing, on Pike County guilty plea

colloquy forms. The colloquy forms are to be signed by the defendant,

defense counsel, and the attorney representing the Commonwealth.

b. The attorney representing the Commonwealth at the time the plea is

entered shall be familiar with the case, and, of requested, shall advise the

court of any prior convictions of the defendant for felonies and

misdemeanors of which Counsel has knowledge.

2. The Judge shall conduct a separate inquiry of the defendant on the record to

determine whether the defendant understands and voluntarily accepts the terms of

the plea agreement on which the guilty plea or the plea of nolo contendere is

based.

C. Murder Cases

1. In cases in which the imposition of a sentence of death is not authorized, when a

defendant enters a plea of guilty or nolo contendere to a charge of murder

generally, the judge before whom the guilty plea was entered shall alone

determine the degree of guilt.