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YORK COUNTY

Amendment of Local Rules of Judicial Administration; CP-67-AD-33-2016; 2016-MI-000558

[46 Pa.B. 7533]
[Saturday, December 3, 2016]

Amended Administrative Order Amending York County Local Rules of Judicial Administration

And Now, this 15th day of November, 2016, it is Ordered that York County Local Rules of Judicial Administration are hereby amended as follows, effective January 1, 2017:

 New rules 101, 1907.2, 1954, 4002, 4007, 4008, and 4009 are adopted.

 Existing rule 10 is rescinded and replaced by new 101.

 Existing rule 4000 is rescinded and not replaced.

 The District Court Administrator shall publish this order as may be required.

By the Court

JOSEPH C. ADAMS, 
President Judge

[YCJA 10: Title and Citation of Rules:

These Rules shall be known as the York County Rules of Judicial Administration, and may be cited as ''YCJA _____''.]

 -this rule is rescinded in its entirety and is replaced by new rule 101

York R.J.A. 101. Title and Citation of Rules.

These rules shall be known as the York County Rules of Judicial Administration and may be cited as ''York R.J.A. .......''.

 -this new rule replaces rescinded rule 10

York R.J.A. 1907.2. Constables—Policies, Procedures and Standards of Conduct—Constable Review Board.

(A) Pursuant to the Pennsylvania Unified Judicial System Constable Policies, Procedures and Standards of Conduct, the district court administrator shall establish a York County Constable Review Board to assist in resolving any disputes related to a constable's performance of judicial duties.

(1) The board shall receive complaints by or against constables regarding the performance of judicial duties, financial/payment disputes or other matters relevant to a constable's services to the courts.

(2) The board shall make recommendations to the president judge regarding the judiciary's continued use of the constable's services, or to the county controller if the dispute concerns financial or other matters within the county's control.

(3) The board shall forward any findings of suspected criminal activity to the district attorney.

(B) The board shall consist, as a minimum, of the following members periodically appointed by the president judge:

(1) the district court administrator, who shall co-chair the board;

(2) two (2) magisterial district judges, one of whom shall be the president MDJ who shall co-chair the board;

(3) a deputy district court administrator;

(4) two (2) constables, one of whom shall be the president of the constables association;

(5) the county controller; and

(6) the sheriff.

(C) The board shall establish and publicize procedures and guidelines for filing complaints.

 -this is a new rule

York R.J.A. 1954. Judicial Security.

(A) Pursuant to Pa.R.J.A. No. 1954, the district court administrator shall establish a York County Court Security Committee to:

(1) make recommendations to the president judge on protocols, policies and procedures necessary to protect the public, court personnel and court facilities in the event of an emergency;

(2) communicate the approved protocols, policies and procedures;

(3) review and assess all security incident reports filed in the PAJIRS system and recommend to the president judge appropriate actions;

(4) develop and recommend to the president judge training programs for court employees on safety and security awareness; and

(5) ensure the completion of court facility security assessments as identified in the Unified Judicial System Court Safety and Security Manual and as prescribed by the state court administrator;

(B) The board shall consist, as a minimum, of the following members periodically appointed by the president judge:

(1) the district court administrator, who shall co-chair the board;

(2) a commissioned common pleas court judge, who shall co-chair the board;

(3) a magisterial district judge;

(4) the sheriff;

(5) a commissioner;

(6) the director of facilities management; and

(7) a constable.

 -this is a new rule

[YCJA 4000: Supervision of Court Reporters:

(A) The Court Administrator shall employ ...

...

(B) Court reporters shall receive reasonable ...

...

(2) Requests for compensation shall be ... request the service was rendered.]

 -this rule is rescinded in its entirety

York R.J.A. 4002. Definitions.

All terms in these rules shall have the same meaning as defined in Pa.R.J.A. No. 4002. As further clarification:

(A) Commonwealth or subdivision thereof includes any Pennsylvania state, county, regional, or municipal government entity, including any department, board, attorney, employee or agent acting on behalf of that entity.

(B) Transcript includes any electronic or paper record, including orders, prepared by a court reporter of any proceeding presided over by a judge, a magisterial district judge, or a master.

(C) All transcripts fall into one of two categories regarding need and purpose:

(1) an ordinary transcript is either:

(a) required by rule because notice of appeal has been filed; or

(b) required by order or rule to advance litigation in a matter currently before the court.

(2) a non-ordinary transcript is any transcript requested or prepared for any reason other than ordinary as defined in section (C)(1) above.

(D) The terms daily, expedited, rough draft and same-day delivery all refer to variations in the delivery deadline and cost for non-ordinary transcripts.

 -this is a new rule

York R.J.A. 4007. Requests for Transcripts.

(A) All requests for transcripts shall be submitted to the appropriate filing office utilizing a form prescribed by the district court administrator, which shall include all elements required in the form provided by the state court administrator.

(B) Any request for hardship reduction or waiver of costs for any ordinary transcript shall be filed contemporaneously with the request for transcript on a form to be prescribed by the district court administrator. No reduction or waiver of costs shall be requested or granted for any non-ordinary transcript.

(C) Any required costs for transcripts, including deposits, shall be paid by or on behalf of the requestor to the appropriate filing office. All checks, money orders and other non-cash conveyances shall be made payable to the ''County of York''. All collected costs shall become the property of the County of York for deposit to the county's general fund.

(D) Any required costs shall be estimated by the court reporter prior to preparation of the transcript. The court reporter shall notify the filing office of the estimated costs based upon transcript type and format, and whether the court has granted the requestor hardship reduction or waiver of costs. The filing office shall notify the requestor if costs are due. The requestor shall be required to pay a deposit in the amount of 100% of the estimated required costs prior to preparation of the transcript by the court reporter.

(E) Upon completion of the transcript, the court reporter shall provide the transcript to the presiding judge. The court reporter shall calculate final total costs and notify the filing office of the amount.

(1) If no balance is due from the requestor, the court reporter shall provide the transcript to the filing office. The filing office shall provide copies of the transcript to the requestor and all other parties to the case, and shall return to the requestor any refund due from deposit.

(2) If a balance is due from the requestor, the filing office shall notify the requestor. Upon receipt of payment from the requestor, the filing office shall notify the court reporter, who shall provide the transcript to the filing office. The filing office shall provide copies of the transcript to the requestor and all other parties to the case. If the requestor fails to pay any remaining balance due, the court reporter shall not file the transcript and the filing office shall not refund any deposit.

(F) There is no need or reason for involvement of the court reporter in subsequent requests for copies of transcripts that have already been filed with the filing office and distributed to the parties to the case.

 -this is a new rule

York R.J.A. 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof.

(A) The court establishes the following per-page fee schedule for transcripts delivered in electronic format:

(1) ordinary: $2.50;

(2) non-ordinary: $2.50;

(3) non-ordinary rough draft: $2.50;

(4) non-ordinary expedited: $3.50;

(5) non-ordinary daily: $4.50;

(6) non-ordinary same-day delivery: $6.50; and

(7) subsequent copy of any transcript previously filed with the filing office: $0.50.

(B) Except when specifically requested by an incarcerated defendant in a criminal matter, or when specifically requested by any other requestor and specifically ordered by the presiding judge, no paper format transcripts will be provided. A $0.25 per-page surcharge shall be added to the costs specified in section (A) above for any paper transcript.

(C) In cases such as mass tort, medical malpractice or other unusually complex litigation, where there is a need for court reporters to significantly expand their dictionary, the presiding judge may, at his or her discretion, impose a $2.00 per-page surcharge in addition to the costs specified in section (A) above.

(D) Court reporters shall provide to the court realtime transcription of all proceedings presided over by a judge of the court of common pleas, without additional cost or fee. If any party to the case wishes to be provided access to a wireless broadcast stream of that realtime transcription, the party must notify the district court administrator at least one (1) business day in advance. If any party other than the court wishes to retain a digital copy of the realtime transcript beyond conclusion of that day's proceeding, the party shall execute a request for a non-ordinary rough draft transcript and shall pay any required costs prior to the proceeding. Access to realtime transcription will not be provided to any third party.

 -this is a new rule

York R.J.A. 4009. Fees Payable to the Court Reporter or Transcriptionist.

(A) Court reporters shall be paid by the county a fee of $1.50 per page for all notes written in court, including proceedings presided over by a judge, a magisterial district judge, or a master.

(B) Court reporters shall be paid by the county a fee of $0.50 per page for every transcript or order filed with the court for which the reporter has or will be paid the fee in section (A) above.

(C) Court reporters shall be paid by the county a fee of $2.00 per page for every transcript or order filed for which the reporter has not and will not be paid the fee in section (A) above.

(D) In addition to all fees outlined in sections (A), (B), and (C) above, court reporters shall be paid by the county the following additional per-page fees for every transcript filed of the following type:

(1) non-ordinary expedited: $0.50;

(2) non-ordinary daily: $1.50; and

(3) non-ordinary same-day delivery: $2.50

 -this is a new rule

[Pa.B. Doc. No. 16-2073. Filed for public inspection December 2, 2016, 9:00 a.m.]



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