Legal News

Thanks once again to Mike Meehan of Eckert Seamans Cherin & Mellott. With his assistance, I met recently with Administrative Judge D. Webster Keogh about the new challenges in criminal justice administration resulting from the well-publicized budget woes of the Court of Common Pleas of Philadelphia County.

It?s old news that budget reductions have stretched the court thin in many areas of administration, including courtroom staffing and probation officers. Because of hiring freezes and staff lost through attrition, the workload must be reallocated among the remaining employees. At some point in time, the critical mass becomes too "massive," even though the work to be done remains critical. Keogh said he is concerned about the overall level of supervision and efficiency under these conditions.

The relationship between high unemployment and increased crime rates is widely accepted. As the number of criminal cases increases, so does the pressure on the supervision and administration of those cases. Traditionally, the Philadelphia District Attorney?s Office has tried a greater percentage of cases than the counties surrounding Philadelphia, at a rate of 20 percent to 25 percent, while the rest of the counties try only 3 to 4 percent of cases. It could be argued that the statistics from the counties are not comparable (i.e., mixing statistics on misdemeanors and felonies in other counties with felonies alone in Philadelphia County) or it could be that long-standing traditions in the counties favor plea agreements. Regardless of the reason, Philadelphia courts have a full plate of criminal matters proceeding to trial. Keogh is working to streamline the backload.

Keogh is both enthusiastic and hopeful about the new criminal discovery court, which is poised to start up in January. The intent is for a judicial officer to address discovery issues early, after the case emerges from arraignment. According to Keogh, up to 63 percent of listed cases have outstanding discovery issues as their trial date arrives. If a case listed for trial has unresolved discovery issues, the case will not be tried on schedule. This creates enormous inefficiencies and clogs trial schedules, but it also results in actual added expense to the judicial system. Prosecutors need to subpoena witnesses for trial, and it is extremely inconvenient, time consuming, costly and affects public safety to have witnesses take time off from work only to learn that the trial has been continued. This is particularly true for pulling police officers from duty work. It is one thing to leave "the beat" to give trial testimony, it is yet another to forego police work only to wait in a courtroom for a trial to be rescheduled. Keogh anticipates that discovery court will allow discovery issues to be resolved earlier, so that the cases will be ready when trial is scheduled. Avoiding trial continuances will reduce witness costs, including unnecessary police overtime expense. Other jurisdictions have dealt with the issue of resolving discovery disputes in different ways, but Keogh is not aware of any other court that has instituted a criminal discovery court to address discovery issues in a proactive manner.

Keogh also advocates the use of video hearings or video transmissions for certain proceedings make better use of the court?s financial resources. Incarcerated defendants should consider the use of video transmission for guilty plea hearings or Post-Conviction Relief Act proceedings. These hearings are not lengthy, and the use of video eliminates the cost and risk of transportation to and from the penal institution. Most lawyers are acquainted with video transmission in one form or another, and can attest that it is more than adequate and a much cheaper option in the right setting. Keogh said he believes that a defendant?s presence by video transmission is fully adequate and is actual preferred for many hearings. The cost savings in 2009 from the use of video transmitted hearings exceeds $387,793. This figure does not include the tangible -- but more difficult to measure -- increase in public safety resulting from eliminating the transportation of incarcerated defendants for five minute hearings. Defense lawyers should consider video transmission as a lower cost and safer method for these types of hearings.

Charlotte E. Thomas
Duane Morris LLP
cthomas@duanemorris.com