Luzerne County Courts

From: Chester B. Muroski, President Judge on behalf of all members of the 11th Judicial District of Pennsylvania Court of Common Pleas of Luzerne County

MEDIA RELEASE: June 10, 2009

The Luzerne County Court en banc, following its weekly meeting, announces the following:

ADR OPTIONS

The President Judge announced that Thomas Rutter, J.D., of the Philadelphia-based ADR Options, has agreed to conduct additional pro bono mediation/conciliation conferences for 50 to 55 civil cases which are part of a civil case backlog. Six volunteer members of ADR, comprised of Mr. Rutter along with other lawyers and retired judges, will conduct mediation conferences at the main courthouse during the week of August 10, 2009.

LUZERNE COUNTY CRIMINAL JUSTICE ADVISORY BOARD

The President Judge reported on a June 9, 2009 meeting of the Luzerne County Criminal Justice Advisory Board, which included Warden Piazza, Commissioner Petrilla, Acting Director of Probation Services Michael Vecchio and First Assistant District Attorney Jeffery Tokash and Special Courts Administrator Kathy Hubbard, regarding implementation of an alternative sentencing program presented by Behavioral Interventions, Inc. (BI). Judge Muroski has made arrangements for BI to present a condensed version of their program to the Court en banc in the immediate future. If the concept is acceptable it would have to be advertised for bid.

MAGISTERIAL DISTRICT JUDGES

In continuing the restructuring of the Magisterial District Court in Luzerne County, the Court agreed that Magisterial District Judges will notify defendants of the Common Pleas arraignment dates in all cases except DUI pleas, which will continue to be handled by Senior Judge Patrick J. Toole, Jr.

RANDOM ASSIGNMENT OF CRIMINAL CASES

The Court en banc agreed that the automated Common Pleas Case Management System (CPCMS) administered by the Administrative Office of Pennsylvania Courts (AOPC) will be used to randomly assign criminal cases to Judges. Judge Peter Paul Olszewski, who was previously tasked with undertaking a review, indicated that further study must be undertaken to determine at what Judicial level the assignment will be made.

CALL OF THE LIST OF PENDING BENCH TRIALS

Deputy Court Administrator Ann Burns reported that 49 pending bench trials have not been reassigned. President Judge Muroski proposed, and the Court en banc agreed, that a mid-July Call of the List will be conducted with cases being assigned to Judges. A practice order will be drafted, reviewed and handed down by the Court in the immediate future.

HAZLETON LAUREL GARDENS CONTAMINATION CASE

The President Judge reported that retired Judge Lawrence Brenner has been approved by the Administrative Office of Pennsylvania Courts (AOPC) to undertake a review of pre-trial motions.

MEDIA REQUEST FOR CAMERAS ON SECOND AND THIRD FLOORS OF COURTHOUSE

The President Judge discussed with the court en banc a media request to “reverse the current policy in effect and revert back to the policy that provided for semi-restricted camera access to the corner areas of the second and third floors within the rotunda, outside of the courtrooms”. Judge Augello reviewed both the past and current rules pertaining to cameras in the courthouse during jury trials, noting that it was not a local policy but falls under Pennsylvania Rule of Criminal Procedure 112 and Judicial Canon 3(7). All members of the court agreed that the present rules do not allow for such camera access due to the unique architecture of the Courthouse without causing a violation of the state rule and without “distracting participants or impairing the dignity of the proceedings”.