May 28, 2015 - PowerPoint Presentation

Slide1

May 28, 2015

Working with District Judges Slide2

Your Cooperation is Needed

Please mute your phone *6

To ask questions and open your line *6

This will help all of our friends! Slide3

PSAB’s Blended Training

Webinars

Traditional Classroom Sessions

One-on-One Assistance Slide4

Upcoming Training

Webinars

4

Developing a Community Succession Strategy

June

3

Municipal Administrators: Reporting & Records

June

10

Municipal Administrators: Your Role in Planning & Zoning

June 17

The Duties of the Zoning Hearing Board

June

24Slide5

Upcoming Classroom Training

Establishing a Rental Property Inspection Program

Writing Effective Grant Proposals

Basic Budgeting: Tools and Techniques

The Course in Community Planning

The Course in Zoning

The Course in Subdivision & Land Development Review

The Course in Zoning Administration

Reserve Your Seat for 2015!Pennsylvania State Association of Boroughs2015 Legal Update

August 26-27, 2015

Sheraton Harrisburg/Hershey

www.boroughs.orgSlide6

Pennsylvania’s Magisterial District Justice SystemPresentation for the Pennsylvania State Association of BoroughsMay 28, 2015By Joseph Mittleman,

Director

of Judicial Programs, AOPCSlide7

Pennsylvania’s Unified Judicial System

Supreme

Court

7 Justices

Superior

Court

15 Judges

Commonwealth Court9 judgesCommon Pleas Courts60 Judicial Districts439 Judges

Magisterial District Courts526 judgesPhiladelphia Municipal Court23 judgesSlide8

A little historyJustices of the peace part of British legal system and carried over to America.Office established as elected office under Pennsylvania Constitution of 1776 and retained in constitutions of 1790, 1838 and 1874.

Duties included settling disputes within their jurisdiction.

Each municipality had a justice of the peace, but each JP had county-wide jurisdiction.

Salary was paid solely through fees. Slide9

A little historyConstitution of 1968 modernized systemReduced number of judges

Created magisterial districts

Compensated by salary paid by state

Elected to six-year terms

Mandatory retirement at age seventy (can serve as senior MDJ until age seventy-eight)Slide10

Qualifications of OfficeTwenty-one years of ageResident of magisterial district for at least one year prior to electionElected to six-year term Member of the bar or take four-week educational course and pass certifying exam

MDJs permitted to have outside income, including law

practiceSlide11

Qualifications of OfficeMandatory retirement at age 70Eligible for service as senior MDJ for 10 years or until age 78, whichever comes first. Annual Salary, 2015: $88,290Slide12

MDJ EducationMinor Judiciary Education BoardFour-week certification course Orientation course for all newly-elected MDJS

Annual one-week continuing education course

Failure to stay current with educational requirements can lead to suspension from duties.Slide13

Magisterial DistrictsDistrict boundaries drawn by Supreme CourtRules governing boundaries

Caseloads should be close to average caseload for class of county

Workload should be equitably distributed among districts in each county

No

district can cross county lines

Municipalities can be divided, but smallest voting districts cannot be split

.Slide14

Magisterial DistrictsCentral Courts21 Counties have established central courts for more efficient processing of casesOffices must be within district unless Supreme Court approves request of president judge to combine two judges in one office Slide15

Magisterial DistrictsAverage District CaseloadsCriminal:

332

Non-Traffic:

601

Private Criminal Complaint: 141 Traffic: 2,590 Civil: 250 Landlord/Tenant: 119 Miscellaneous: 86 Total: 4119Slide16

MDJ AdministrationSupreme CourtJudicial Conduct Board/ Court of Judicial DisciplineAOPC

MDJS

President JudgesSlide17

Jurisdiction of an MDJCivil matters Claims seeking monetary judgment of $12,000 or less

Criminal

Preliminary arraignments

Reading of charges and setting bail

Preliminary hearings

Search warrants

Arrest warrants

Private criminal complaintsSlide18

Jurisdiction of an MDJLandlord/tenantEvictionMoney judgment for matters under $12,000

Traffic

Non-traffic summary cases

Criminal cases – summary offenses

Municipal citationsSlide19

Jurisdiction of an MDJMiscellaneousOathsMarriages

Truancy

Emergency Protection from Abuse mattersSlide20

Magisterial District Statistics2013CriminalNew cases filed:

211,426

Cases disposed:

189,532

Bound to Court:

32,995

Waiver

of Preliminary Hearing: 119,693Guilty Plea: 8,719Dismissal: 11,682Prosecution Withdrawn: 15,433Referred to Common Pleas Court: 1,010Slide21

Magisterial District Statistics2013Private Criminal Complaints

New cases filed:

58,171

Cases disposed:

58,599

Trial

Guilty:

9,968Trial Not Guilty: 4,411Guilty Plea: 17,034ARD: 58Dismissal: 16,807Prosecution Withdrawn: 7,942Other: 2,379Slide22

Magisterial District Statistics2013TrafficNew cases filed:

1,597,042

Cases disposed:

1,625,925

Trial Guilty:

151,653

Trial Not

Guilty: 67,959Guilty Plea: 1,181,430Dismissal: 153,425Prosecution Withdrawn: 71,407Referred to Common Pleas Court: 51Slide23

Magisterial District Statistics2013Non-traffic

New cases filed:

344,443

Cases disposed:

334,769

Trial

Guilty:

56,084Trial Not Guilty: 24,586Guilty Plea: 169,576ARD: 848Dismissal: 51,844Prosecution Withdrawn: 31,812Referred to Common Pleas Court: 19Slide24

Magisterial District Statistics2013Civil

New cases filed:

120,014

Cases disposed:

125,485

Trial:

27,824

Default Judgment: 51,231Settled: 11,758Dismissal Without Prejudice: 21,968Complaint Withdrawn: 12,704Slide25

Magisterial District Statistics2013Landlord/Tenant

New cases filed:

94,569

Cases disposed:

93,827

Trial:

77,971

Default Judgment: 69Settled: 8,219Dismissal Without Prejudice: 2,954Complaint Withdrawn: 4,614Slide26

Magisterial District Statistics2013Protection from Abuse

New cases filed:

6,316

Cases disposed:

5,793

Granted:

5,004

(79.2%)Denied: 789 (12.5%)Slide27

2013 Collection of Money MDJS

Commonwealth

$152,287,238.00

County

$47,124,949.00

Municipalities

$42,093,116.00

Other (schools, libraries, etc.)$3,104,227.00Subtotal$244,609,530.00Restitution$5,101,989.00Total$249,711,519.00Slide28

2013 Collection of Money CPCMS

Commonwealth

$55,376,450.69

County

$109,588,366.37

Municipalities

$9,219,385.06

Other (schools, libraries, etc.)$1,145,552.63Subtotal$175,329,754.75Restitution$30,226,720.83Total$205,556,475.58Slide29

2013 Collection of Money TOTAL

Commonwealth

$207,663,688.69

County

$156,713,315.37

Municipalities

$51,312,501.06

Other (schools, libraries, etc.)$4,249,779.63Subtotal$419,939,284.75Restitution$35,328,709.83Total$455,267,994.58Slide30

Getting a case before an MDJMunicipalities, other than the police, are most likely to be before an MDJ for:Parking tickets

Violation of municipal ordinanceSlide31

Getting a case before an MDJParking casesCome before MDJ if ticketed individual:Fails to respondContests ticketSlide32

Getting a case before an MDJMunicipal OrdinanceIssuance of citation by personal service or by certified mail, return receipt requested (can also be by criminal complaint)

Citation filed with MDJ within five days of issuance

Defendant has ten days of filing to respond (in person or by mail)Slide33

Getting a case before an MDJPleading guiltyBy mailPaying full amount if fine and costs listed on citation

Appearing before MDJ

MDJ imposes fine and costs. Payment may be made immediately, or MDJ can place defendant on payment planSlide34

Getting a case before an MDJPleading not guilty (by mail or in person)MDJ sets trial dateDefendant must deposit collateral (usually amount of fine or cost for offense)

Notices sent to parties

All parties may request subpoenas be issued to necessary witnessesSlide35

Getting a case before an MDJIf defendant fails to respondArrest warrant will issueArresting officer can take payment for full amount of fine and costs if stated on warrant

Or

Defendant is taken before MDJ, trial date set, defendant posts collateral and is releasedSlide36

What to expect at a hearingBorough is prosecuting agency You go first – solicitor, code enforcement officer, etc.You have the burden of proving guilt beyond a reasonable doubt

Reasonable Doubt: Proof of such a convincing character that a reasonable person would not hesitate to rely and act upon it in the most important of his or her affairs. Slide37

What to expect at a hearingRules of Evidence and Rules of Procedure apply (but MDJs are typically more informal than court of common pleas)If defendant fails to appear, MDJ can continue case, or may hold hearing in defendant’s absence. Borough still has to prove case, even if defendant does not appear.Slide38

What to expect at a hearingDefendant entitled to attorney, but may proceed without one. (No public defenders for summary cases unless jail sentence is likely.)Slide39

What to expect at a hearingBorough presents evidenceTestimony of borough officialHearsay generally not permitted

Can use statements made by defendant

Testimony of witnesses

Photographs

Need to establish when photograph was taken and who took it, preferably through testimony of photographer

Other physical evidenceSlide40

What to expect at a hearingBorough official should conduct questioningMDJ may ask questionsDefendant or his attorney may cross examine witnessesDefendant may present evidenceBorough official may cross-examine defense witnesses

Defendant does not have to testifySlide41

What to expect at a hearingVerdictMust be given at conclusion of hearingNot guiltyDefendant’s collateral is returned and case is over

Guilty

Judge imposes sentence

Fines and costs

Imprisonment

Slide42

What happens after the hearing?Right of appealDefendant has right to appeal to court of common pleasAppeal must be filed within 30 days

On appeal, new hearing is held

Payment

Collateral is used to pay fines and costs

Any unpaid balance may be due immediately or MDJ can place defendant on payment planSlide43

What happens after the hearing?Default: What if he doesn’t pay?If defendant notifies court of inability to payMDJ can adjust payment plan

Can schedule hearing where defendant must prove change in his or her financial status, which renders him or her unable to meet the payment schedule. Slide44

What happens after the hearing?Default: What if he doesn’t pay?If defendant stops payingNotice is sent by first class mail to defendant that within 10 days he must make payment or show cause why they should not be imprisoned for failing to pay.

If defendant fails to respond, arrest warrant issued. When warrant is executed, defendant is brought before MDJ for hearing to show cause why they should not be imprisoned for failing to pay.Slide45

Search WarrantsUS and PA Constitutions protect citizens from “unreasonable searches and seizures.”Search warrants are required for most governmental searches.Slide46

Search WarrantsTwo types of search warrantsGeneral warrant – used for criminal investigationsAdministrative warrants – inspections to ensure compliance with administrative codesSlide47

Search WarrantsRequirements differ for each type of warrantReview

General warrant – must be approved by judicial officer

Administrative warrants – can be approved by non-judicial officialSlide48

Search WarrantsRequirements differ for each type of warrantProbable cause

General warrant – requires probability that evidence of crime will be discovered.

Administrative warrant

Does not require belief that building contains code violations

Requires only that

reasonable legislative or administrative standards for conducting an area inspection are satisfied with respect to a particular

dwelling.Slide49

Search WarrantsExceptionsExigent CircumstancesSpecial Needs

Pervasively Regulated Businesses

Businesses that require a permit or license to operate may be required as a condition of the permit or license to allow inspections, and failure to do so may result in fine or revocation of the permit or license. Slide50

Obtaining a Search WarrantComplete search warrant form found on Pennsylvania Courts website.http://www.pacourts.us/Links/LawEnforcement/PoliceForms.htmForm can be accessed by a police officer or by a borough official requesting access by e-mailing:

ccform@pacourts.usSlide51

Questions?Joseph MittlemanDirector of Judicial Programs

Administrative Office of Pennsylvania Courts

1515 Market Street, Suite 1414

Philadelphia, PA 19102

215-560-6300

joseph.mittleman@pacourts.us