2Zi(? 19 !ii5I

IN THE COURT OF COMMON PLEAS OF MERCER&)NTY, PENNSYLVANIA

IN RE: THIRTY-FIFTH JUDICIAL DISTRICT

EMERGENCY OPERATIONS

No, 2020 - At5

ADMINISTRATIVE ORDER

AND NOW, this 19th day of March, 2020, the Pennsylvania Supreme

Court having issued an Order dated March 18, 2020, directing that all

Pennsylvania Courts,

including the Mercer County Court of Common

Pleas and Magisterial District Courts, be generally closed to the public

beginning at the close of business today and lasting at least through April

3, 2020, subject to general and specific directives and exceptions,

this

Court enters the following Order in response to the Supreme Court’s

Order:

I.

1.

General Considerations:

All of Mercer County Court of Common Pleas employees shall

abide by the Supreme Court’s Order, which is incorporated herein

by reference,

2.

On March 17, 2020, this Court issued a directive to all Mercer

County Court personnel, which is affached hereto. To the extent

any directive has not been modified or superseded by the Supreme

Court Order those directives remain in full force and effect.

All Mercer County Court facilities shall be closed to the public

as to non-essential functions through at least April 3, 2020.

In all events, any legal papers or pleadings which are

required to be filed between March 19, 2020 through April 3, 2020,

shall be deemed to have been timely filed if they are filed by April

6, 2020 or on a later date as permiffed by the Appellate Courts or

by this Court upon consideration of the potential volume of such

3.

4.

filings.

5.

Use of advanced communication technology to conduct

court proceedings is specifically authorized and encouraged in all

departments subject only to constitutional limitations,

6.

To the greatest extent possible any interaction between court

personnel and anyone else involved in the proceeding shall be

undertaken consistent with

federal guidance including that

provided by the Centers for Disease Control and Prevention such as

social distancing, the disinfection of surfaces, the wearing of face

masks by an infected person, and by other means as set forth in this

Court’s directive of March 17, 2020.

2

II,

Courts of Common Pleas

Mercer County Court facilities shall be closed to the public as to

non-essential functions through at least April 3, 2020. Essential functions

per the Supreme Court Order include:

Emergency bail review and habeas corpus hearings;

Gagnon 1 hearings;

Bench warrant hearings pursuant

to Rule of Criminal

Procedure 150;

Juvenile delinquency detention;

Juvenile emergency shelter and detention hearings;

Temporary protection from abuse hearings;

Emergency petitions for child custody or pursuant to any

provision of the Juvenile Act;

h.

Emergency Petitions for guardianship;

Civil mental health reviews, see 50 P.S. §7302;

Emergency equity civil maffers (injunctions and stays);

Any pleading or motion relating to public health concerns

and involving immediate and irreparable harms;

Any other function deemed by a President Judge to be

essential consistent with constitutional requirements as follows:

3

a.

b.

c.

d.

e.

f.

g.

j.

k.

A. Criminal Courts

Sentencing

for

defendants

currently

incarcerated, giving priority to defendants with health

issues;

ii.

Guilty pleas, conferences, and related activities

to criminal cases that are complicated in nature or

may be compromised by the passage of time;

Gagnon 2 hearings;

iii.

iv.

Bench warrants and search warrants.

Any

of

these maffers

shall be conducted by advanced

communication technology to the greatest extent possible subject only

to constitutional limitations.

B. Family Law Courts and DRS

Conferences and hearings for support, custody,

equitable distribution, and divorce scheduled at the

DRS offices will continue.

However,

they shall be

conducted by advanced technology ONLY.

If such

conference

or

hearing

cannot

adequately be

addressed

by

advanced

communication

and

4

technology that maffer

shall be postponed and

rescheduled.

ii.

iii.

Non-support contempt hearings.

Final protection from abuse

hearings

and

protection from abuse contempt hearings.

C.

Miscellaneous

Involuntary civil commitment hearings or reviews

will continue as scheduled at the health care facility

hearing site and/or public defender’s office as the

case may be, again using advanced communication

technology to the greatest extent possible.

Ill.

Magisterial District Courts

All Magisterial District Courts in Mercer County shall be closed to the

public except for essential functions. Those essential functions include

the following:

a.

Preliminary arraignments (bail

seftings)

for bailable

cases;

b.

c.

d.

Criminal case filings and subsequent processing;

Preliminary hearings for incarcerated persons only;

Issuance of search warrants;

5

e.

f.

Emergency protection from abuse petitions;

Any other function deemed by a President Judge to be

essential consistent with constitutional limitations

2.

The Magisterial District Courts office staff in conjunction with Mercer

County MIS office shall work together to set up the advanced video

technology system so that

the Magisterial District offices can hold

conferences with inmates at the Mercer County Jail.

Magisterial District Courts in Mercer County shall maintain the

following schedule for preliminary hearings:

a.

b.

Monday morning preliminary hearings will be held at

Magisterial District 3-1 (Judge Davis).

Tuesday morning hearings shall be held at Magisterial District

c.

Tuesday afternoon hearings shall be held at Magisterial

2-1 (Judge Songer).

District 3-3 (Judge Arthur).

d. Wednesday morning preliminary hearings shall be held in at

Magisterial District 3-2 (Judge McEwen).

e. Wednesday afternoon hearings shall be held at Magisterial

District 2-2 (Judge Odem).

6

Advanced communication technology shall be used to complete

as many of these functions as practical consistent with constitutional

limitations, All other cases are postponed.

Payments rendered to the Magisterial District Courts shall not be

made in person but may be accepted by mail, electronically (online), or

by telephone as may be permissible in the Magisterial District Court

receiving the payment.

In the event any scheduled payment is missed or default of a

payment plan previously imposed by the Courts, the Magisterial District

Courts shall issue a hearing notice scheduling a payment determination

hearing to be held after April

3, 2020 or such date as may be

subsequently specified.

Such missed payment or default SHALL NOT

result

in the issuance of an arrest warrant for failure to make payment nor

shall the non-payment result in driving privileges being suspended prior to

such hearing.

IV. Miscellaneous

1.

Unless otherwise required herein, any in-person pretrial

conference,

case management

conference,

status

conference,

diversionary program, discovery motions practice, motions practice or

other hearing, whether civil or criminal, is hereby postponed until a future

7

____________________________P,J.

date to be set forth by the courts, To the extent that such maffers may

be handled through advanced communication technology consistent

with constitutional limitations, THEY MAY AND SHOULD PROCEED.

2.

Any document to be tiled in the Prothonotary’s Office or the

Clerk of Courts/Register of Wills shall not be done in person. Filing shall be

made in accordance with the alternative procedures established by

these offices,

3.

This Order shall be posted on the Court and County websites

and disseminated to all Judges, Magisterial District Judges, Court related

departments and court staff, the Mercer County Bar Association, and to

the general public.

BY THE COURT:

lak

Robert G. Yeatts, President Judge

8

JUDGES’ CHAMBERS
COURT OF COMMON PLEAS
MERCER COUNTY
MERCER, PENNSYLVANIA 16137

TELEPHONE
(724) 662-3800 x2521

MEMORANDUM

24 662-7524

ROBERT G. YEATTS
PRESIDENT JUDGE

TO:

Daniel P. Wallace, Judge
Tedd C. Nesbit, Judge
Ronald D. Amrhein, Judge
Brian Arthur, Magisterial District Judge
D. Neil McEwen, Magisterial District Judge
Dennis Songer, Magisterial District Judge
Mary Odem, Magisterial District Judge
Daniel Davis, Magisterial District Judge
Court related Departments and Court Staff
Mercer County Bar Association

FROM:

Robert G. Yeatts, President J

DATE:

March 17, 2020

RE:

Public Health Emergency Response/Courts

Effective immediately and until further notice, to protect Court employees from
being exposed to health threatening conditions and, therefore, reducing the chance of
exposing colleagues and members of the public, the Court adopts the following policy:

I. General Procedures

1.

Any employee who believes he/she may have been exposed to the
coronavirus must report
the potential exposure to his/her supervisor or department
head/Judge immediately. Upon report of the incident,
the supervisor or department
head/Judge will provide Court Administration with the details of potential exposure.
Reported incidents will be responded to on a case by case basis.

2.

Employees who have symptoms of acute, respiratory illness are required
to stay home and not come to work until they are free of fever, signs of fever, or any
other symptoms for at least 24 hours without the use of fever reducing or other symptom
altering medications.
Signs and symptoms generally include combinations of the
following:
coughing, sneezing, other respiratory symptoms, fever, sweating, chills,
muscle aches, weakness, and malaise.

3.

The Court reserves the right to require self-isolation of an employee in
appropriate circumstances (e.g. travel to foreign country) even absent outward symptoms.

4.
Employees who appear to have acute respiratory illness symptoms upon
arrival
to work or become sick during the work day, shall be separated from other
employees and be sent home immediately. Work areas should be thoroughly cleaned
with an EPA approved disinfectant on a routine basis. Areas to consider are work
stations, phones, fax machines, copiers, break rooms, and other common objects or areas.

5.

Employees may be asked to work remotely for a period of time after being
exposed. This period will be in accordance with federal, state, and/or local health
guidelines. We will adhere to the guidance of the public health authorities.

6.
return to work.

Employees may be required to provide a medical note releasing them to

II. Court Scheduling and Related Matters

As of today, March 17, 2020,

the 35th Judicial District, unless noted below,
remains open and operational. We are continuing to rely upon the guidance of the
Administrative Office of Pennsylvania Courts and federal, state, and local health
departments both to limit potential exposure and fulfill our responsibility to the citizens
of Mercer County by keeping our services available.

1.

All Judges when reasonably possible shall do the following:

a.
Utilize and encourage litigants to utilize to the fullest extent
available
services
advanced
communication technology to reduce personal appearances for hearings,
trials, meetings, conferences, and similar proceedings or gatherings.

telephonic/video/audio

other

and

b.
Stagger court appearance times to reduce crowding. Require
people to spread out in the courtroom. Prop doors open to avoid necessity
of handles or knobs being touched.

c.
Limit meetings, conferences, and other gatherings to essential
participants and arrange seating to avoid unnecessary close personal
contact.

Develop the capability to work remotely from the court facility

d.
with assistance if necessary from Mercer County MIS.

i.

For jury trials, utilize only 1 alternate.

Discuss with litigants the possibility of utilizing less than the

ii.
maximum number of jurors in civil cases.

e.

Other than the modifications described above Judges shall schedule and
conduct hearings and trials in essentially the same manner they were scheduled and
conducted before the outbreak of coronavirus.

2.

The Mercer County Sheriffs Deputies and Mercer County Constables are
hereby authorized and directed to decline transportation of prisoners from any prison/jail
despite a valid transportation order if, using his/her reasonable discretion, the prisoner to
be transported appears to be sick or may have recently (within the last 14 days) been in
contact with someone who is positive for coronavirus. Any Sheriff Deputy or Constable
declining transportation on this basis shall immediately contact the appropriate Judge
involved in the subject case.

Similarly, any Mercer County Sheriff Deputies, Constables, or Juvenile Probation
Officer (JPO) ordered to transport any juvenile from a juvenile detention facility
placement or other place of detainment are hereby authorized and directed to decline
transportation of said juvenile from any juvenile detention facility placement or other
place of detainment despite a valid transportation order if, using his/her reasonable
discretion, the juvenile to be transported appears to be sick or may have recently (within
the last 14 days) been in contact with someone who is positive for coronavirus. Any
Sheriff Deputy, Constable, or
shall
immediately contact the appropriate Judge involved in the subject case.

JPO declining transportation on this basis

Transportation of

incarcerated/detained out of county witnesses, criminal
defendants, juvenile defendants, or similar persons for all Mercer County trials, hearings,
or other proceedings shall be avoided if such persons may adequately participate by
telephonic/video/audio devices and other advance communication technology.

3.

The Mercer County Court Administrator shall do the following:

a.
Arrange to limit the number of jurors coming into the courthouse
at 50 per time, or in the alternative,
to limit no more than 50 in one
location by using a second large room such as an accessible courtroom.
Seating for prospective jurors shall be staggered, if possible,
to reduce
juror crowding.

b.
Judges of Mercer County Common Pleas are hereby authorized to
order civil litigants to participate in mandatory mediation with mediation
costs shared by the parties.

4.

The Mercer County Bar Association is hereby requested to assist civil trial

Judges locating and utilizing such mediators.

5.

All Mercer County Judges,

and
Magisterial District Judges are to be vigilant about proactively requiring employees who
appear to be sick or may have recently (within the last 14 days) been in contact with
someone who is positive for coronavirus to stay home.

related department heads,

court

6.

Court employees will not attend off site conferences or trainings. Court
events/meetings (as distinguished from court hearings, conferences, etc.) will be
rescheduled or held virtually. When possible use email and electronic mediums to
create, file and transmit documents and court orders. Limit the number of persons in
chambers and other meeting/conference rooms to comply with social distancing
recommendations.

7.

Scheduling of larger court lists such as arraignment and call of the list will
be staggered by the hour or location to avoid larger groups of litigants and attorneys in
the courtroom. Scheduling will be adjusted starting as soon as possible.

a.
Until further notice, each month’s criminal call of the list shall be
divided among the four courtrooms to lessen the number of people in one
place and to allow spacing between individuals. One half of the April call
of the list will be handled by courtrooms 1 and 3 and one half will be
handled by courtrooms 2 and 4. The Judges shall determine the number of
cases in each courtroom. To the extent possible this division of cases shall
be provided to the Court Administrator who can post the same prior to the
commencement of call of the list.

8.

Waivers of arraignment will be accepted up to and including the day
scheduled for formal arraignment. Defendants who execute and file such waivers need
not attend court on that date. Those who will be entered into the ARD program or who
will enter a plea at that time must attend.

9.

Gagnon and parole violation hearings for

those in custody shall be

conducted by advanced communication and technology to the greatest extent possible.

10.

DRS establishment and modification conferences may be held by
telephone provided that the parties comply with document presentation requirements
prior to the conference as required and in the manner determined by the director of DRS.

11.

The Community Service Director shall continue to assign defendants to
work sites taking into consideration the need to limit that number of individuals at any
one place.
Should the lack of available work sites be the primary reason for the
defendant’s failure to timely complete his/her community service. The Court can
consider alternates, including but not limited to, extended time periods for completion of
community service, reducing the number of hours of community service, or waiving the
community service requirement altogether.

III. Miscellaneous

1.

Any party required to attend a scheduled court proceeding or who is
visiting the court facility to access a filing office is encouraged to arrive alone or in
smaller groups, if possible,
in an effort to decrease the possible spread of the virus.
Subject to constitutional consideration, the Court may at its discretion order any non-
party from the courtroom to help with social distancing.
Parties and visitors are
encouraged to stay home if you are feeling sick. Any party under court order to appear
for a proceeding of any type but is not feeling well should make a reasonable attempt to
notify Court Administration at
(724) 662-3800 ext. 2517, of their illness. Those
individuals who are represented by an attorney should ask their attorney to notify the
Court of your condition and ask that you be excused in advance or that you be permitted
to appear via alternate methods such as a video or telephone. Each case will be decided
by the Court on a case by case basis.

2.

All visitors and parties are encouraged to practice good hygiene when in a
court facility and refrain from shaking hands or other forms of physical contact. Use
other non-contact methods of greeting. Wash your hands or use hand sanitizer on
regular intervals. Create habits and reminders to avoid touching faces and cover coughs
and sneezes.

NOTE:
procedures set forth above shall be eliminated, amended, and/or supplemented.

is anticipated that as more information becomes available these

It