Washington Cnty. C.P. Admin Order - Adoption of Local Rules of Judicial Adminis... 9

constable, the constable will not be authorized to perform services in the County of Washington,

including any court or political subdivision, for the specified period. Upon receipt of the

suspension notice, the constable shall immediately return to all courts and agencies all warrants,

writs, subpoenas, and civil papers to the proper issuing authority. Failure to do so promptly may

be cause for further action by the President Judge.

(I) Notice by President Judge.

The District Court Administrator shall provide notice of any action taken by the President

Judge in accordance with applicable authority.

(J) Rules of Civil Procedure. Filings. Costs and Fees.

(1) The Pennsylvania Rules of Civil Procedure shall not apply to proceedings of the CRB.

The Chairperson may order the production of documents or such testimony as necessary to conduct

the business of the CRB.

(2) Absent order of court, a party and/or participant in a matter before the CRB is prohibited

from filing any papers with the Clerk of Courts or Prothonotary related to a proceeding before the

CRB.

(3) If a finding of misconduct in the course of performing judicial duties is sustained by

the President Judge, the President Judge may make the decision available to the public, including

filing the decision, and any other part of the file that he or she deems appropriate, in the Office of

the Prothonotary. Unless made public by the President Judge, any filing related to a complaint

shall be deemed a confidential filing.

(a) Any filing fees related to a matter pending before the CRB shall be waived.

Filings are to be docketed in a manner prescribed by the Court.

(4) Any costs related to the business of the CRB shall be paid by the County.

Washington County - Local Rules of Judicial Administration

RULE L-4002. Definition of Proceeding. Digital Audio Files

(A) As contained in these rules, the term proceeding shall be defined as a hearing or trial

in which testimony is given and/or exhibits are admitted into evidence.

(B) Digital audio files are to be used only as an aid to transcription and shall not be

disclosed, provided, or otherwise disseminated to attorneys, parties, participants, or the public.

Digital audio files of motions or conferences shall not be transcribed absent order of court for good

cause shown.

(C) Nothing in this rule shall be construed to in any way limit or modify the inherent

authority of the President Judge or his/her designee,or the judge or hearing officer to whom a case

is assigned,to use digital audio files as an aid in making case determinations,to review recordings

for the confirmation of accurate transcription,or any other appropriate purpose.

Comment: This rule should not be interpreted to conflict with the provisions of Rules of

Criminal Procedure 115,313,500,and 501.

Washington County - Local Rules of Judicial Administration

RULE L-4008. Transcript Costs for a Private Individual or Entity. Waiver of Costs for

the Commonwealth or a Subdivision. Economic Hardship

(A) The transcript costs for a requesting party other than the Court and the Commonwealth

shall be the maximum rate set forth in Pennsylvania Rule of Judicial Administration 4008.

(1) The rates set forth above shall include the original transcript, filed of record

with the appropriate filing office, one (1) copy of the transcript for the presiding judge (if

requested), and one (1) copy of the transcript to be provided to the initial requesting party. When

more than one party requests the transcript, or is required by general rule to file the transcript, the

cost shall be divided equally among the parties, and each party shall receive one (1) copy of the

transcript.

(2) When the transcript is in bound paper format, the requesting party shall be

charged a surcharge of $0.25 per page.

(3) Payments for all transcript costs shall be made at the filing office. If paying

by check or money order, the payee shall be the County of Washington. A convenience fee may

be charged for payments by debit or credit card or made online.

(a) Monies collected for transcripts shall be remitted by the filing office to

an account maintained by the Treasurer of the County of Washington. The monies collected

shall be deposited monthly by the Treasurer to the general fund of the County of Washington to

be used to supplement the County's appropriation for court reporters and court reporting

services.

(b) Refunds for deposits or payments related to transcript costs may only

be authorized by the District Court Administrator or his or her designee.

(4) All requests for a copy of any transcript previously ordered, transcribed, and

filed of record shall be made to the filing office in which the transcript is lodged of record, unless

the transcript is of a confidential matter or dissemination if prohibited by law.

(a) The cost for a copy of any transcript previously ordered, transcribed,

and filed of record shall be $0.75 per page for bound, paper format, and $0.50 per page for an

electronic copy. Copies shall be obtained from the filing office in which the transcript is lodged

of record.

(b) Monies collected for copies shall be remitted by the filing office to an

account maintained by the Treasurer of the County of Washington. The filing office may deduct

a $0.25 fee per page for administrative costs. The remaining monies collected for copies of

transcripts shall be deposited monthly by the Treasurer to the general fund of the County of

Washington to be used to supplement the County's appropriation for court reporters and court

reporting services.

(B) The transcript costs for a request made by the Court or the Commonwealth, if

applicable,shall be set by administrative order.

(1) For the purpose of this local rule, the Court is defined as any common pleas

judge, hearing officer, master, or the District Court Administrator conducting official business of

the Court. The Commonwealth is defined as the District Attorney, Public Defender, court

appointed counsel,or any other department or agency of the County of Washington that is a party

to the proceeding. Officials acting in an individual capacity shall not be deemed as the

Commonwealth. Any dispute concerning a waiver or modification of costs shall be determined

by the President Judge or District Court Administrator.

(2) A filing office may not charge a fee to the Court or Commonwealth for a copy

of a transcript previously ordered, transcribed,and filed of record.

(C) At the discretion of the trial judge, a reasonable surcharge may be imposed on a

transcript request in cases such as mass tort, medical malpractice or other unusually complex

litigation where there is a need for court reporters to significantly expand their dictionary. The

surcharge shall be set in consultation with the District Court Administrator.

(D) At the discretion of the District Court Administrator or his/her designee,a reasonable

fee may be charged for a secure electronic feed which instantaneously delivers the translated notes

from the court reporter to a laptop, tablet, phone,or other portable electronic device to parties,the

media,or other interested individuals. Permission to install or obtain such a feed must be received

from the presidingjudge and the District Court Administrator,and will be subject to the availability

of the necessary court reporting resources.

(E) Transcript costs for ordinary transcripts in matters under appeal or where the transcript

is necessary to advance the litigation shall be waived for a litigant who has been permitted by the

court to proceed in forma pauperis or whose income is less than 125 percent of the poverty line as

defined by the United States Department of Health and Human Services for the calendar year in

which the request is made, and shall be reduced by one-half for a litigant whose income is less

than 200 percent of the poverty line as defined by the United States Department of Health and

Human Services for the calendar year in which the request is made.

(1) Litigants who are represented by a free legal aid service for low-income citizens

shall not be required to prove economic hardship,and are entitled to obtain ordinary transcripts in

matters under appeal or where the transcript is necessary to advance the litigation for no cost.

(a) To receive a no-cost ordinary transcript, clients of a free legal service

must demonstrate that a legal aid service attorney has entered an appearance on their behalf in the

case for which a transcript is requested. Legal aid services shall provide the District Court

Administrator with a letter certifying that the client meets financial eligibility and that the matter

is under appeal or is necessary to advance the current litigation.

(2) Transcript costs for ordinary transcripts in matters that are not subject to appeal

or necessary to advance the litigation shall not be waived or reduced for litigants who qualify for

economic hardship, unless ordered by the court for cause shown.

Note: The procedure to waive all or a portion of costsfor ordinary transcripts is setforth in Local

Rule of Judicial Administration 4007.

(F) Nothing in this rule shall be read to prescribe or specify a fee to be paid to a court

reporter or transcriptionist for both transcripts requested by litigants and transcripts requested by

the Commonwealth or a subdivision thereof. The compensation of court reporters or

transcriptionists is a matter for the judicial district and county funding authority.

Washington County - Local Rules of Judicial Administration

RULE L-5000. Court-Appointed Counsel

(A) The President Judge shall issue a policy governing the appointment and payment of

counsel in cases within any division of the Court.

(1) The policy shall set forth the following:

(a) an hourly rate for billable activity;

(b) standards for what activity is considered appropriate and allowable as

compensable time and a reimbursable expense;

(c) presumptive caps for fees based on the type of case; and

(d) the process for submitting a request for payment of fees and expenses.

(2) Expenses for professional services, including but not limited to, investigators,

experts, and transcription services, must be approved in advance by the presiding judge. The

presiding judge shall set forth a specific amount to be expended by order of court if the request is

approved. Failure to secure prior approval may lead to the denial of reimbursement or other

appropriate sanctions.

(3) The invoices underlying payment shall be considered confidential and may not

be released by the County or its officials without prior authorization from the Court. Absent

authorization from the Court, invoices for juvenile cases may not be disclosed to the Children and

Youth Services agency of the County or a solicitor for the County.

Note: Any request under the Right-to-Know-Law for invoices or billing information from court

appointed counsel should be forwarded to the open records officer (Rule 509 manager) for the

judicial district to determine if the record is to be disclosed. County of Centre v. Grine,138 A.3d

88 (Pa. Cmwlth. 2016).

(B) Appointment of counsel shall only occur in cases where a right to counsel exists as

established by statute or rule. In appointing counsel, the presiding judge must determine that the

individual is indigent and/or that the interests ofjustice require the appointment.

(C) Payments shall be reviewed by the District Court Administrator or his/her designee.

Any unusual aspects concerning the request for fees or expenses are to be brought to the attention

of the presiding judge. The President Judge may provide the District Court Administrator with

authority to approve or disapprove a fee or expense subject to direction from the presiding judge;

provided, however, that the President Judge retains the final authority over the payment of a fee or

expense for any appointment.

(D) The determination of whether time is reasonably spent or if an expense is appropriate

lies solely with the Court. In determining reasonableness, consideration may be given to whether

the time spent was necessary or if less time consuming alternatives existed.

(E) Counsel should consider that appointment by the Court is a public trust and strive to

keep requests for compensation and reimbursement to a fair and reasonable sum consistent with

any other request for payment out of the public funds. If counsel does not feel that such a request

can remain within this standard, he/she should decline the appointment.