New rules will govern city courts

After an Inquirer series uncovered a court system in chaos, the state Supreme Court took action to devise procedures specifically for Philadelphia.

April 04, 2010|By Nancy Phillips and Craig R. McCoy, Inquirer Staff Writers
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  • "Everyone agrees that the criminal justice system in Philadelphia is broken, and everyone agrees it must be fixed," Philadelphia District Attorney Seth Williams (right) says.
  • "Everyone agrees that the criminal justice system in Philadelphia is broken, and everyone agrees it must be fixed," Philadelphia District Attorney Seth Williams (right) says.
  • Chief Justice Ronald D. Castille got the backing of the entire state Supreme Court for new rules governing Phila. courts.

The Pennsylvania Supreme Court has imposed tough new rules - effective Tuesday - ordering city judges to work harder and giving prosecutors more time to mount their cases and potentially win more convictions.

In one key change, Municipal Court judges can no longer postpone hearings when defendants, police, witnesses, and victims are in the courtroom and ready to go, a little-known practice that has contributed to the pervasive delays that have bogged down the Philadelphia criminal courts.

Some judges have been stepping down from the bench early in the day without completing the list of cases assigned to them. Delayed case files then are marked with the notation "Ready - not reached."

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Chief Justice Ronald D. Castille, saying he was responding to a recent Inquirer series that described a court system in chaos, has won the backing of the full seven-member Supreme Court for new judicial rules that will apply only in Philadelphia, where some 60,000 new cases enter the court system annually.

Castille exercised his power as the state's top judge to ban the "Ready - not reached" practice unilaterally.

"We're taking some pretty dramatic steps to improve things," said Castille, who was Philadelphia district attorney from 1986 to 1991. "We obviously recognize there were some problems in the system."

Most of the changes will affect the lower-tier Municipal Court, where defendants are arraigned, misdemeanor trials take place, and preliminary hearings are conducted to determine whether there is sufficient evidence to hold defendants for trial on felony charges in Common Pleas Court.

In taking action, Castille cited an Inquirer series that found the city courts in crisis, widespread witness fear, a massive fugitive problem, and thousands of cases tossed out with no ruling on their merits. Of cases that end without a conviction, 84 percent fall apart in Municipal Court.

"Maybe it takes something like your articles as an impetus," he said in outlining the changes.

Marsha H. Neifield, president judge of Municipal Court, did not return telephone calls seeking comment.

The reform agenda was crafted by the chief justice and Justice Seamus McCaffery, who has been overseeing an overhaul of the Philadelphia courts in response to The Inquirer's findings.

Castille and McCaffery have also named a blue-ribbon panel to work with consultants and recommend further reforms of the city courts.

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