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

PaCapitol

Session schedule

The House and Senate are in recess subject to recall for action on the State budget.

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

Judge Younge, three other judges nominated to Federal District Court

Following the announcement of President Obama’s nomination of Judge Susan P. Baxter, Judge Robert J. Colville, and Judge Marilyn J. Horan to the United States District Court for the Western District of Pennsylvania, and Judge John M. Younge to the United States District Court for the Eastern District of Pennsylvania, U.S. Senators Bob Casey (D-Pa.) and Pat Toomey (R-Pa.) released the following statements:

“The nominees announced today by President Obama are highly skilled legal professionals who will bring fairness and integrity to their work on the federal bench,” Senator Casey said. “Judge Baxter has earned a sterling reputation as an excellent jurist during her two decades as a Federal Magistrate Judge in the Western District of Pennsylvania. Judge Robert Colville has served on the Court of Common Pleas for Allegheny County with distinction for the last fifteen years. Judge Marilyn Horan has spent her legal career serving the people of Western Pennsylvania and will do excellent work on the federal bench in the Western District of Pennsylvania. Judge Younge has built a long record as one of Philadelphia’s most respected Common Pleas Court judges and now has the opportunity to continue his work on the federal bench. I appreciated working with Senator Toomey in a bipartisan fashion to recommend these individuals to the White House. Over the last years, Senator Toomey and I have successfully completed the nominations and confirmation of 14 Federal District Court judges in Pennsylvania. I look forward to continuing to work with Senator Toomey to recommend highly qualified individuals for the federal bench.”

“I am pleased that President Obama will nominate Judge Susan P. Baxter, Judge Robert J. Colville, Judge Marilyn J. Horan, and Judge John M. Younge to serve on the federal district court in Pennsylvania,” said Senator Toomey. “These nominees possess a wealth of legal experience from their work in both the public and private sectors. I am confident that they have the acumen, integrity, and respect for the limited role of the judiciary that they need to excel as federal judges. Moreover, today is especially good news for Erie since the city’s federal courthouse will have a sitting judge for the first time in 2 years. As we have done over the years, I look forward to working with Senator Casey on a bipartisan basis to have these outstanding nominees confirmed by the Senate.”

Since Senator Toomey joined the Senate in 2011, Senators Casey and Toomey have worked together, in a bipartisan fashion, to fill vacancies on the federal bench in Pennsylvania. Together, they have vetted, recommended, and confirmed 14 Federal District Court Judges and one Circuit Court Judge for Pennsylvania — more than every state but California and New York during this time.

— Judge Susan Paradise Baxter: Nominee for the United States District Court for the Western District of Pennsylvania

Judge Susan Paradise Baxter has served as United States Magistrate Judge in the Western District of Pennsylvania from 1995 to the present, serving as Chief Magistrate Judge from 2005 to 2009.  Prior to her appointment as a Magistrate Judge, Judge Baxter worked as the Court Solicitor for the Court of Common Pleas of Erie County, was a partner at the Washington, D.C. law firm of Cole, Raywid & Braverman (now Davis Wright Tremaine LLP).  Judge Baxter received her J.D. from Temple University School of Law in 1983, a M.Ed. from Temple University in 1980, and a B.S. from Pennsylvania State University in 1978.

— Judge Robert John Colville: Nominee for the United States District Court for the Western District of Pennsylvania

Judge Robert John Colville has served as a judge on the Court of Common Pleas for Allegheny County since 2000. Judge Colville currently presides over civil matters. Since 2012, he has also served as a judge on the Pennsylvania Court of Judicial Discipline.  Previously, Judge Colville worked as an associate at the law firm of Pietragallo Bosick & Gordon in Pittsburgh. He began his legal career by serving as a law clerk to the Honorable Ralph J. Cappy, Chief Justice of the Supreme Court of Pennsylvania. Judge Colville received his J.D. from Duquesne University School of Law in 1992, and his B.A. from Pennsylvania State University in 1989.

— Judge Marilyn Jean Horan: Nominee for the United States District Court for the Western District of Pennsylvania

Judge Marilyn Jean Horan has been a judge on the Court of Common Pleas for Butler County since 1996. Judge Horan currently serves in the civil division. During her tenure on the bench, Judge Horan has also presided over criminal and family law cases.  Previously, from 1979 to 1996, Judge Horan worked at the law firm of Murrin, Taylor, Flach & Horan, where she was elevated to partner in 1982. Judge Horan received her J.D. from the University of Pittsburgh School of Law in 1979, and her B.A. magna cum laude from Pennsylvania State University in 1976.

large_Philadelphia-Common-Pleas-Court-Judge-John-Milton-Younge

— Judge John Milton Younge: Nominee for the United States District Court for the Eastern District of Pennsylvania

Judge John Milton Younge has been a Judge on the Court of Common Pleas for the First Judicial Circuit of Pennsylvania since 1996. Judge Younge has extensive experience presiding over both criminal and civil cases. From 1985 to 1995, Judge Younge worked at the Philadelphia Redevelopment Authority, serving as Deputy Executive Director and subsequently as General Counsel. He began his legal career as a solo practitioner in Philadelphia. Judge Younge received his M.J.S. in 2011, from the University of Nevada, Reno, his J.D. in 1981 from Howard University School of Law, and his B.S. in 1977 from Boston University.

(Report from Crisci Associates PA Capitol Digest)

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New Commonwealth Court rules

The Commonwealth Court has promulgated the following amendments to Chapter 37 of the Rules of Appellate Procedure, along with minor amendments to its Internal Operating Procedures.  The Rules amendments incorporate provisions regarding extension of time and citation of non-precedential opinions, so that those provisions now appear both in the Rules and in the IOPs.

THE COURTS

Title 210—APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

[210 PA.CODE CHS. 37 AND 69]

Amendments to Rules of Appellate Procedure and Internal Operating Procedures

[45 Pa.B. 3975]
[Saturday, July 25, 2015]

The Commonwealth Court approved on June 16, 2015, changes to Chapter 37 of the Rules of Appellate Procedure and its Internal Operating Procedure § 414, found in 210 Pa. Code.

Annex A

TITLE 210. APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

ARTICLE III. MISCELLANEOUS PROVISIONS

CHAPTER 37. BUSINESS OF THE COMMONWEALTH COURT

BRIEFING AND LISTING OF CASES FOR ARGUMENT

Rule 3714. Listing of Cases and Briefing Schedules.

(a) Matters heard solely on certified record. An appeal from a court of common pleas and each other matter which under the applicable law is required to be determined by the court upon the record before the government unit below shall be eligible for listing for argument after the record has been filed. When all briefs and reproduced records have been filed, the Chief Clerk shall list the case for oral argument on a specified date and shall give at least ten days written notice by first class mail to all parties of the date scheduled for the argument. The Court may direct any matter to be submitted on briefs without oral argument.

(b) Original jurisdiction matters. A matter commenced in whole or in part within the original jurisdiction of the court including matters under Pa.R.A.P. 1571 (determinations of the Board of Finance and Revenue) when at issue for argument on preliminary matters or after the record has been made shall be listed for oral argument after the court establishes a briefing schedule.

(c) Extensions of Time to File Briefs or Reproduced Record. A party may submit a written request for an extension of time to file briefs or the reproduced record, which the chief clerk may grant, if the requested extension is: (1) for thirty days or less; (2) the first one sought; and (3) unopposed by all other parties. If any of the three enumerated criteria do not exist, the party must submit its extension request by formal application. The prothonotary, chief clerk or deputy prothonotary may act on the formal application.

Official Note: Under Rule 105 the court may reduce or enlarge any of the time periods specified in the rule. Preliminary matters referred to in Subdivision (b) include preliminary objections, motions for judgment on the pleadings, motions for summary judgment and motions to quash.

See Pa.R.A.P. 123 regarding the form of an application for relief, which is necessary if the three requirements in Pa.R.A.P. 3714(c) cannot be met.

(Editor’s Note: The following rule is new and printed in regular type to enhance readability.)

Rule 3716. Citing Judicial Opinions in Filings.

(a) A reported opinion of the Commonwealth Court en banc or three-judge panel may be cited as binding precedent.

(b) An unreported panel decision of this Court issued after January 15, 2008, may be cited for its persuasive value, but not as binding precedent.

(c) Any unreported opinion of this Court may be cited and relied upon when it is relevant under the doctrine of law of the case, res judicata or collateral estoppel.

(d) A reported single judge opinion in an election law matter filed after October 1, 2013, may be cited as binding precedent only in an election law matter.

(e) All other single judge opinions of this Court, even if reported, shall be cited only for persuasive value and not as binding precedent.

Official Note: A special election panel is one designated by the president judge to hear election law matters on an expedited basis. Decisions by such panels are made by only the members of the panel without the participation of judges who are not part of the panel. See Internal Operating Procedure § 112(b) (Courts En Banc and Panels; Composition), § 258 (Decision; Election Law Appeals), § 416 (Reporting of Unreported Opinions).

[COSTS] POST DECISION

(Editor’s Note: The following rule is new and printed in regular type to enhance readability.)

Rule 3740. Request to Report Unreported Opinion.

Within 30 days after an opinion has been filed as unreported, any person may file an application to report the opinion. Except as noted in the next sentence, grant of the application requires an affirmative majority vote of the commissioned judges. Grant of an application to report an opinion of a single judge or an opinion of a special election panel requires an affirmative two-thirds vote of the commissioned judges.

Official Note: A decision may be reported when it:

(1) establishes a new rule of law;

(2) applies an existing rule of law to facts significantly different than those stated in prior decisions;

(3) modifies or criticizes an existing rule of law;

(4) resolves an apparent conflict of authority;

(5) involves a legal issue of continuing public interest; or

(6) constitutes a significant, non-duplicative contribution to law because it contains:

(i) an historical review of the law,

(ii) a review of legislative history,

(iii) a review of conflicting decisions among the courts of other jurisdictions.

See also IOP § 412.

ENFORCEMENT [PROCEEDINGS] OF AGENCY ORDER

Rule 3761. Enforcement Proceedings.

*  *  *  *  *

PART II. INTERNAL OPERATING PROCEDURES

CHAPTER 69. INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT OF PENNSYLVANIA

DECISIONS

  •  69.414. Citing Judicial Opinions in Filings.

*  *  *  *  *

[Pa.B. Doc. No. 15-1363. Filed for public inspection July 24, 2015, 9:00 a.m.]

(From Carl Solano, chair of the Appellate Courts Committee, Philadelphia Bar Association)

images

Supreme Court approves revision to comment on Rule of Evidence 409

Click for Order

Click for text of change

Click for Final Report

September 4 is deadline to offer suggestions for drafting changes to Juvenile Rule 1608

Click for Introduction and Explanatory Report

September 10 is deadline to offer suggestions for drafting changes to Juvenile Rules concerning child abuse

Click for Notice and Explanatory Report

News clippings

Casey Bill Limits Juvenile Detention

PA Expands Notice For Victims Of Sexual Predators

Comfort dogs have dramatic effect in dependency court

Click for news release from AOPC

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