Received 06/25/2021 Supreme Court Middle District 

Filed 06/25/2021 Supreme Court Middle District 

IN THE SUPREME COURT OF PENNSYLVANIA 

IN RE: SECOND JUDICIAL DISTRICT 

APPLICATION TO AUTHORIZE 
EXPANDED USE OF ADVANCED 
COMMUNICATION TECHNOLOGY 

Supreme Court Docket No. 44 MM 2020 

AMENDED APPLICATION PURSUANT TO PA.R.J.A. NO. 1952 

TO THE HONORABLE CHIEF JUSTICE MAX BAER AND JUSTICES OF THE 
PENNSYVLANIA SUPREME COURT: 

1.  In accord with the Order of the Supreme Court of Pennsylvania dated May 7, 2020, in 

which president judges were authorized to declare local judicial emergencies, the Lancaster 

County Court of Common Pleas has a local judicial emergency order in effect through August 

31, 2021. 

2.  Pursuant to the Order of the Supreme Court of Pennsylvania dated June 21, 2021, to 

take effect as of July 6, 2021, operations of the Unified Judicial System shall return to pre-

pandemic status and existing orders suspending statewide rules other than those related to 

speedy trial will no longer be operative. 

3.  David L. Ashworth, President Judge of the Second Judicial District (Lancaster County), 

respectfully requests pursuant to Pennsylvania Rule of Judicial Administration No. 

1952(b)(2)(M), the continued temporary suspension of Pennsylvania Rule of Criminal 

Procedure No. 119, which bars the use of two-way simultaneous audio-visual communication 

in certain criminal proceedings, absent the consent of the defendant, as well as the continued 

suspension of any and all other statewide rules which limit the use of advanced communication 

technology in criminal court proceedings in the Second Judicial District through August 31, 

2021, and avers in support thereof as follows: 

a.  The courtrooms, chambers and judicial facilities have been and continue 

to be staffed and operational throughout the Second Judicial District; 

b.  Common Pleas Judges and Magisterial District Judges are working from 

their chambers, courtrooms, and offices and have been conducting many 

hearings and proceedings via the use of advanced communication 

technology throughout the COVID-19 pandemic; 

c.  The use of advanced communication technology in the Lancaster County 

Courts has allowed thousands of matters to be heard and ruled upon and 

has proven to be a great convenience for the attorneys, litigants, 

witnesses, victims, and other parties to cases; 

d.  Based on the current local judicial emergency of the Second Judicial 

District, which was extended and filed on May 26, 2021, hundreds of 

cases have been scheduled and noticed to be held via remote 

proceedings throughout the summer; 

e.  In the interest of justice and fairness to those litigants, it  is imperative that 

our docket be allowed to move forward as currently scheduled, noticed, 

and planned, so that many cases will not have to be continued to 

reschedule as all in-person proceedings. The time which will be required 

of staff to reschedule and renotify will lead to the delay of many of these 

proceedings; 

f.  Our court chose August 31, 2021, as an end date for our local emergency 

order by design, giving all parties and county facility managers the 

opportunity to be fully prepared to return to all in-person proceedings at 

the beginning of September; 

g.  Access to justice and to the justice system has been afforded continuously 

and efficiently throughout the pandemic, in large part due to the use of 

advanced communication technology, and any disruption of that process 

may have a negative effect on those we serve; 

h.  Further, the Warden at the Lancaster County Prison has requested the 

continued use of advanced communication technology to control the 

transmission of COVID-19 among the inmate population at the Prison who 

live in congregate settings and have a heightened risk of complications 

from the virus; 

i.  The Sheriff of Lancaster County is experiencing a severe staffing shortage 

which is impeding the inmate transport between the Lancaster County 

Prison and the Lancaster County Courthouse; and 

j.  Many of the Magisterial District Courts lack prisoner holding cells or 

appropriate waiting areas to protect the inmate population from the 

transmission of COVID-19. 

Therefore, based on the above, I respectfully request that this Honorable Court grant 

the application to continue to suspend Pa.R.Crim.P. No. 119(A)(1),(2),(3),(5),(6) and (7), and 

any statewide rules that limit the use of advanced communication technology and remote 

proceedings in criminal matters and provide the requested relief. 

Respectfully submitted, 

.a  As't•h 
President Judge 
June 25, 2021