Washington Cnty. C.P. Local Rules of Judicial Administration (Updated August 1,... (introduction)

27th JUDICIAL DISTRICT

WASHINGTON COUNTY COURT OF COMMON PLEAS

LOCAL RULES OF JUDICIAL ADMINISTRATION

RULE L–1901. Prompt Disposition of Matters; Termination of Inactive Cases

(a) The Court Administrator, no less than once per year, shall prepare, or cause the Prothonotary

to prepare, a list of civil cases for general call in which no steps or proceedings have been taken

for two years or more prior thereto, and shall give notice thereof to counsel of record, and to the

parties for whom no appearance has been entered, as provided by Pa. R.J.A 1901(c). Thereafter,

if a written objection, or written intention to proceed, is not docketed in such a manner prior to

the commencement of the general call, the Court Administrator shall strike the matter from the

list, and cause an order to be entered as of course dismissing the matter with prejudice for failure

to prosecute, under the provisions of this rule.

(1) If a written objection, or written intention to proceed, is docketed prior to the general

call, a hearing shall be promptly scheduled by the court to determine if good cause exists

for continuing the matter. No case in which a period of inactivity is greater than two

years shall proceed in the absence of good cause.

(i) The hearing shall be conducted by the judge to whom the case is

assigned. If the case is unassigned, the Court Administrator shall assign

the case.

(ii) A copy of the written objection, or written intention to proceed, shall

be served on the Court Administrator.

(iii) In any matter which is permitted to proceed, the court shall enter a

case management order to govern further proceedings in the case.

(b) The Court Administrator, no less than once per year, shall prepare, or cause the Clerk of

Courts to prepare, a list of criminal cases for general call in which no steps or proceedings have

been taken for two years or more prior thereto, and shall give notice thereof to the district

attorney, or private prosecutor, and the defendant, as provided by Pa. R.J.A. 1901(c).

(i) If an intention to proceed with a matter is evidenced at the general call, the court shall

promptly schedule a hearing to determine if good cause exists for continuing the matter.

No case in which a period of inactivity is greater than two years shall proceed in the

absence of good cause.

(ii) The hearing shall be conducted by the judge to whom the case is assigned. If the

case is unassigned, the Court Administrator shall assign the case.

(c) Notice of proposed termination shall be made to the last address of record of the parties or

their counsel of record, and set forth a brief identification of the matter to be terminated. If

notice by mail cannot be given, or has been returned undeliverable, the Court Administrator shall

cause notice of proposed termination to be given by publication in the Washington County

Reports.

(i) A separate general call shall be designated when notice of proposed termination is

made by publication, and such date shall be set by the Court Administrator.

(effective 01/27/2015)

RULE L-1907.2. Constable Review Board

(A) Purpose. A Constable Review Board (“CRB”) is hereby created to assist in resolving any

disputes related to the performance of judicial duties by a constable in accordance with the

Pennsylvania Rules of Judicial Administration and the Constable Policies, Procedures, and

Standards of Conduct issued by the Administrative Office of Pennsylvania Courts.

(B) Definitions.

(1) “Constable” is defined as any elected or appointed constable or deputy constable

performing judicial duties for any magisterial district court within the Twenty-Seventh

Judicial District.

(2) “Judicial Duties” are services performed pursuant to 44 Pa. Con. Stat. §§7161 and

7161.1 or set forth in the Constable Policies, Procedures and Standards of Conduct.

(C) Scope.

(1) The jurisdiction of the CRB extends only to constables in the performance of judicial

duties.

(2) The CRB may receive complaints by or against constables regarding:

(a) the performance of judicial duties;

(b) financial or payment disputes; or

(c) other matters relevant to judicial duties including, but not limited to, Constable

Policies, Procedures and Standards of Conduct or the Unified Judicial System of

Pennsylvania Policy on Non-discrimination and Equal Employment Opportunity.

(3) Nothing contained herein shall preclude any person or surety of a constable from

filing a verified petition in accordance with 44 Pa. Con. Stat. §7172 alleging that a

constable is incompetent to discharge official duties.

(D) Authority.

(1) The CRB may make recommendations to the President Judge with respect to

practices and procedures as related to constables generally and make recommendations

regarding the continued use of the services of a constable by the Court.

(2) The CRB shall forward any findings of suspected criminal activity to the Washington

County District Attorney or other appropriate law enforcement agency.

(3) The President Judge has the ultimate authority with regard to performance of judicial

duties by a constable within Washington County. The President Judge may place a

moratorium on the use of a particular constable pending the review and recommendation

of the CRB on a complaint.

(E) Membership of the Constable Review Board. The CRB shall be comprised of the following

members, who serve at the pleasure of the President Judge:

(1) a Common Pleas Judge;

(2) the District Court Administrator;

(3) a Magisterial District Judge;

(4) a certified constable and an alternate constable to be used in the case of a conflict;

(5) the County Controller (subject to the limitation set forth below); and

(6) a member of the public.

The Common Pleas Judge shall act as Chairperson. The Chairperson shall be responsible

for conducting, coordinating, and overseeing the business of the CRB. The District Court

Administrator shall serve as Secretary of the CRB, and is responsible for maintaining the records

of all proceedings. A majority of the voting members shall constitute a quorum.

(F) In instances where a conflict of interest exists for a member of the Board, the President Judge

may name a substitute for that complaint, or permit the Board to proceed without the

participation of the member. The Controller shall be deemed to have a conflict of interest in

every complaint where the allegations involve the expenditure of County funds for services, or

where the complaint is submitted by the Controller or a person under his or her employ.

(G) Filing Procedures. Constables shall make every attempt to resolve their disputes with the

party or agency involved prior to filing a complaint with the CRB.