A blog of the Philadelphia Bar Association’s Criminal Justice Section

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Session schedule

Pennsylvania is nearing the completion of two months without passage of the State budget.  The House and Senate remain on call.

Senate (unless sooner recalled)

September 21, 22, 23, 28, 29, 30

October 13, 14, 19, 20, 21, 26, 27, 28

November 16, 17, 18

December 7, 8, 9

House (unless sooner recalled)

September 21, 22, 28 (Non-Voting), 29, 30

October 5, 6, 7, 19, 20, 21, 26, 27, 28

November 16, 17, 18, 23, 24, 25 (Non-Voting)

December 7, 8, 9, 14, 15, 16

(Source:  Crisci Associates PA Capitol Digest)

Five new House members sworn in

Five new members of the House were sworn in this week bringing the House up to its full complement:  Reps. Greg Rothman (R-Cumberland) 87th District, Donna Bullock (D-Philadelphia) 195th District, Leanne Krueger-Braneky (D-Delaware) 161st District, Joanna McClinton (D-Philadelphia) 191st District and Ed Neilson (D-Philadelphia) 174th District were sworn into office as members of the Pennsylvania House of Representatives.

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House to be in session Tuesday

The Associated Press reported Friday House Republicans plan to hold votes on Tuesday to override Gov. Wolf veto of the Republican budget passed in June one section at a time.  (Source:  Crisci Associates PA Capitol Digest).

Session schedule

Senate (unless sooner recalled)

September 21, 22, 23, 28, 29, 30

October 13, 14, 19, 20, 21, 26, 27, 28

November 16, 17, 18

December 7, 8, 9

House (unless sooner recalled)

August 25

September 21, 22, 28 (Non-Voting), 29, 30

October 5, 6, 7, 19, 20, 21, 26, 27, 28

November 16, 17, 18, 23, 24, 25 (Non-Voting)

December 7, 8, 9, 14, 15, 16

(Source:  Crisci Associates PA Capitol Digest).

Proposed changes to Criminal Rules

September 4 is deadline to comment on proposed changes to Rules 490 and 790 concerning expungements

Click for notice of proposed rulemaking

September 4 is deadline to comment on proposed changes to Rule 500 on preservation of testimony

Click for notice of proposed rulemaking

October 1 is deadline to comment on proposed changes on rules concerning adoption of local rules (involves criminal, juvenile, civil and orphans court rules)

Click for notice of proposed rulemaking

Proposed changes to Juvenile Rules

September 4 is deadline to comment on proposals to change rule on Another Planned Permanent  Living Arrangement cases

Click for notice of proposed rulemaking

September 10 is deadline to comment to proposed modifications of Rules on Child Protective Services

Click for notice of proposed rulemaking

October 1 is deadline to comment on Rule 105 concerning search warrants

Click for notice of proposed rulemaking


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By Burt Rose

Click for Opinion

In Commonwealth v Smith, 2015 WL 4931579 (Pa Super 8/19/15), a Panel of the Superior Court confirmed that a claim of ineffective assistance of PCRA counsel is waived if it is not raised in a Response to a Notice of Dismissal sur Rule 907. Such a claim cannot be raised for the first time in the Rule 1925(b) Statement filed in support of an appeal from the dismissal of that PCRA petition.

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The Philadelphia Bar Association will host another Forum with the candidates for the Pennsylvania Supreme Court on Friday, September 18, 2015, at noon, at the PBI Conference Center in the Wanamaker Building.   Carl Solano, chair of the Appellate Courts Committee, will be moderator.  Carl welcomes suggestions for questions to ask the candidates.  You may contact Carl at CSolano@schnader.com

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When Jerome G. Miller arrived in Massachusetts in 1969 to lead an overhaul of the state’s reformatories for juvenile delinquents, young people incarcerated in the facilities, also known as training schools, were routinely gagged and bound.

In other cases, they were stripped of their clothing and placed in cells. There were reports that the youths drank from toilets and that corrections officers ordered them to kneel on pencils or strapped them to beds and beat the soles of their feet. One young man hanged himself.

“Training schools are so bad that the average kid would be better on the street,” Dr. Miller told Time magazine in 1972.

Click for rest of the story from the Washington Post

PaCapitol

October 30 is deadline for input on reorganization of Chapter 15 and proposed new Chapter 16 of the Rules of Appellate Procedure

These proposed changes concern appeals from administrative agencies.

Click for Report.

Click for proposed changes to Chapter 15

Revised 2014 State Child Abuse report to be posted on line in two weeks

Click for report from Penn Live

Session schedule

The House and Senate are subject to recall while legislative leaders and the Governor negotiate a budge settlement.

Senate (unless sooner recalled)

September 21, 22, 23, 28, 29, 30

October 13, 14, 19, 20, 21, 26, 27, 28

November 16, 17, 18

December 7, 8, 9

House (unless sooner recalled)

August 25

September 21, 22, 28 (Non-Voting), 29, 30

October 5, 6, 7, 19, 20, 21, 26, 27, 28

November 16, 17, 18, 23, 24, 25 (Non-Voting)

December 7, 8, 9, 14, 15, 16

(Source:  Crisci Associates PA Capitol Digest)

House Resolution 435 introduced to impeach Attorney General Kathleen Kane

On August 10, the Resolution was sent to the State Government Committee

Click for text of Resolution

Click for history of Resolution

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Pa Courts launches Android version of PAeDocket

First State-level Mobile App for Finding Court Dockets App available for free in both the Google Play and iTunes App Stores. Click for news release from AOPC.

Budget impasse

The General Assembly and the Governor have failed to agree on a budget.  The Constitution requires that the budget be passed by June 30.   As a result of a court decision, State employees are being paid, while tax revenues continue to roll in.  The General Assembly is on call.  The next regular House session is scheduled for August 25.  The next regular Senate session is scheduled for September 21.  (Source:  Crisci Associates PA Capitol Digest)

Special elections Tuesday for three House seats in Philadelphia

Click to Committee of Seventy report on District 174

Click to Committee of Seventy report on District 191

Click for Committee of Seventy report on District 195

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