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Filed 03/17/2020 Middle District
Received 03/17/2020 Middle District
No. 53 MM 2020
BERKS COUNTY PENNSYLVANIA
In Re: 23rd Judicial District
Emergency Judicial Order
No. 20-3264
CP-06-AD-17-2020
Administrative Order
AND NOW, this 17th day of March, 2020, pursuant to the March 16, 2020 Order of
the Pennsylvania Supreme Court (Judicial Administration Docket No. 531 In Re: General
the March 17, 2020 Declaration of Judicial
Statewide Judicial Emergency) and
Emergency in this Judicial District, Thomas G. Parisi, President Judge of the 23rd Judicial
District, to provide for the safety of court personnel, court users and the public on account
of the current COVID-19 pandemic, hereby ORDERS the following actions, pursuant to
Rule of Judicial Administration 1925(b):
1. The time calculations for the purposes of time computation relevant to court cases,
judicially mandated action or other judicial business, as well as time deadlines,
subject to constitutional restrictions, are suspended beginning March 17, 2020 and
ending April 14, 2020;
2. There will be an expanded use of advanced communication technology to
conduct court proceedings where practicable, subject to constitutional
restrictions. Transportation of incarcerated / detained out of county witnesses,
criminal defendants, juvenile defendants or similar persons for Berks County
hearings, trials or other proceedings shall be avoided if such persons may
adequately participate by other means or if their appearance is waived upon
consent of counsel. When possible use email and electronic mediums to create,
file, and transmit documents and Court Orders. Remote work by staff may be
approved by their Court Supervisor or Department Head and is encouraged
where possible.
3. The Operation of Rule of Criminal Procedure 600 is hereby suspended within this
judicial district, beginning on March 17, 2020, and ending April 14, 2020. The
constitutionally protected right of the criminal defendant shall continue to be
upheld, but a delay for a COVID-19 related reason shall be attributed to the Berks
County judiciary during the time period of the judicial emergency, as the
circumstances giving rise to this Order and the suspension may be relevant to the
constitutional analysis. This time shall be excluded from the time computation
under Rule of Criminal Procedure 600(c).
4. Jury trials, both criminal and civil, shall be postponed until at least March 31, 2020
subject to further extensions prior to March 31st.
If any bench trials are scheduled,
an order confirming the intention to proceed must be issued by the assigned judge.
5. Criminal judges should move to a modified schedule, "staggering" lists to avoid
larger groups of participants and attorneys. Judges are authorized to liberally
continue proceedings, even without a continuance motion or an agreement of the
parties, for reasons materially pertaining to the current COVID-19 pandemic, to
avoid the transportation of participants from other potentially affected areas or
other reasons. Priority should be given to those cases that can be resolved and
are likely to result in a release from incarceration. All other cases, as practicable,
should be rescheduled. Where possible, the presence of defendants may be
waived, such as status hearings where a final disposition is not anticipated, based
on assertion of counsel. Counsel are encouraged to utilize email or other
electronic communication or phone calls to request continuances in advance.
6. Essential judicial services, including, but not limited to, by way of example,
preliminary arraignments, bail establishment hearings, protection from abuse act
proceedings, emergency dependency hearings, and shelter and detention
hearings, or where absent such proceedings, there would be a threat of
irreparable harm shall continue to be heard. This is not an exclusive list.
7. Security: Single entry point for all County visitors shall be through the Berks
County Services Center from 6am to 9:45pm. All employees shall enter through
the Services Center only during these hours. Single entry point for all County
visitors and employees from 9:45pm to 6am shall be through the Courthouse
entry on Court Street. Eric Weaknecht, Berks County Sheriff, and his deputies,
in conjunction with SGI, shall oversee the designated point of entry.
8. Access to the Berks County Courthouse and Services Center shall be limited
exclusively to elected officials whose offices are maintained in the respective
Courthouse and Services Center, county commissioners, department heads,
essential employees who have not been permitted to work remotely, attorneys
with court business, parties to a case that has not otherwise been continued,
subpoenaed witnesses or victims in proceedings being held, prospective jurors at
the time trials resume, members of the public who have official County business
that must be conducted in person or have prescheduled appointments with the
Court or County departments, and members of the media. Any person who
believes they are being unjustly denied access to the Berks County Courthouse
or Services Center for judicial business should immediately contact Court
Administration.
assigned judge.
9. All Gagnon and Parole Violation hearings for those in custody shall be conducted
by advanced communication technology absent separate direction from the
10. Court employees will not attend off -site conference or training.
11. The number of persons in chambers and other meetings / conferences shall
comply with social distancing recommendations, utilizing alternate electronic
means where possible.
12.All MDJ offices are directed to implement similar strategies to minimize exposure
(continuances, staggered scheduling etc) to be coordinated through Faith
Phillips, Deputy Court Administrator.
13. Administrative Judges for each Division or Department are authorized to enter
additional administrative orders for their specialty area with specific details to
further effectuate this order.
14.AII future Administrative Orders regarding the COVID-19 pandemic procedures
will be filed solely with the Berks County Prothonotary at No. 20-3264.
The exclusive purpose of this order is to promote and protect the health, safety and
welfare of the public, county and court employees and users of the Berks County
Courthouse and Services Center. The fluid nature of these circumstances
acknowledged, and with continued monitoring of the current situation, policies will be
modified as circumstances warrant.
This Order of Court shall remain in effect until April 14, 2020 unless modified by further
Order of Court.
Order has been or will be:
To the extent possible and practical under the circumstances, notice of this Administrative
posted on the entry doors of the county courthouse, and on the entry doors
of all magisterial district courts.
posted on the Court and/or County website
transmitted via email to the Berks County Bar Association for publication on
its website
submitted
to
the Administrative Office of Pennsylvania Courts
for
publication pursuant to Rule of Judicial Administration No. 1952(C)(5)
This Administrative Order shall be effective immediately.
BY THE COURT:
Thomas G. Parisi, President Judge
March 17, 2020
