Received 06/24/2021 Supreme Court Middle District

 

Filed 06/24/2021 Supreme Court Middle District

IN THE SUPREME COURT OF PENNSYLVANIA 

     

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In Re:  43rd Judicial District 
 

38 MM 2020 
 
Petition for Emergency Judicial Order 
Pursuant to Pa.R.J.A. No. 1952(B)(2) 

 

Petition for Emergency Judicial Order Pursuant to Pa.R.J.A. No. 1952(B)(2) 
 

TO THE JUSTICES OF THE PENNSYLVANIA SUPREME COURT: 

Margherita Patti-Worthington, President Judge of the 43rd Judicial District, 

hereby files the following Petition for Emergency Judicial Order Pursuant to Pa.R.J.A. 

No. 1952(B)(2) and in support thereof, avers as follows: 

1. 

On March 16, 2020, we declared a judicial emergency in response to the 

COVID-19 Pandemic. 

30, 2021. 

2. 

By subsequent orders, we extended the judicial emergency through June 

3. 

On June 21, 2021, the Pennsylvania Supreme Court entered an order 

stating “[e]ffective July 6, 2021, operation of the Unified Judicial System shall return to 

pre-pandemic status. All courtrooms, adjacent judicial facilities, chambers, and offices 

within the Unified Judicial System shall be fully opened and staffed by judges and other 

personnel.” 

4. 

For the following reasons, we request that the Pennsylvania Supreme 

Court grant permission to extend the judicial emergency currently in effect in this 

Judicial District, or, if necessary, grant permission to declare a new judicial emergency, 

through September 30, 2021: 

a. 

The vaccination rate in the 43rd Judicial District is nearly half the 

statewide average while our daily new COVID-19 case count is 

 

nearly four times the statewide average. 

b. 

The Delta Variant of COVID-19, in conjunction with low vaccination 

rates, has proven particularly contagious and poses significant 

health, safety, and welfare issues, especially for children under the 

age of 12 who are unable to be vaccinated. 

c. 

Notwithstanding, all courts in the 43rd Judicial District have been 

open since our declaration of judicial emergency. 

d. 

We have been able to remain open throughout this pandemic by 

using both ACT and in-person proceedings at our Magisterial 

District Courts and the Court of Common Pleas. 

e. 

Most notably, in May 2021, by using a combination of ACT and in-

person proceedings, we resumed civil and criminal jury trials with 

Pandemic-related precautions in place, in addition to having had 

jury trials in September, October, and November of 2020 with 

similar precautions. 

f. 

Additionally, the vaccination rate of our local jail population is also 

well below the statewide average and ACT has proven to increase 

the safety of prisoners while providing a cost-effective alternative to 

the often unnecessary transport of prisoners to and from in-person 

proceedings. 

g. 

Indeed, with 85% or more of preliminary hearings being waived and 

the Magisterial District Justice offices of this Judicial District not 

providing enough space to effectively implement social distancing 

precautions, ACT proceedings in this Judicial District have and 

continue to be invaluable to the health, safety, and welfare of all 

involved while maintaining the ability to move cases through the 

 

judicial process. 

h. 

Lastly, because the use of ACT has proven so effective in this 

Judicial District at preventing further backlog of cases, orders have 

been filed and service has been effectuated scheduling court 

proceedings using ACT into September 2021. 

WHEREFORE, it is respectfully requested that in consideration of efficiencies in 

reducing backlog, cost effectiveness, and the health, safety, and welfare of the public, 

court and county employees, and the judges and staff of the 43rd Judicial District, this 

Court provide the following relief: 

1.  Authorize the President Judge of the 43rd Judicial District to extend the 

judicial emergency currently in effect, or, in the alternative, authorize the 

President Judge to declare a new judicial emergency, through September 30, 

2021. 

2.  Authorize the President Judge of the 43rd Judicial District to take any actions 

authorized by Pa.R.J.A. No. 1952(B)(2). 

3.  Authorize the President Judge of the 43rd Judicial District to continue to 

suspend any state or local rule that restricts, directly or indirectly, the use of 

ACT in court proceedings until September 30, 2021, with the exception of 

Pa.R.Crim.P. 600, to allow the continued use of ACT where at all possible 

and practicable for any and all proceedings within this Judicial District. 

Specifically, rules sought to be suspended include, but are not limited to, 

Pa.R.Crim.P. 119 and Pa.R.J.C.P. Nos. 129 and 1129. 

Respectfully submitted, 

_____________________________________ 
Margherita Patti-Worthington, President Judge 
43rd Judicial District 
Monroe County, Pennsylvania