Administrative Order - Preliminary Hearings

Overview

This Administrative Order was issued by the Court of Common Pleas, Blair County (24th Judicial District) on April 2, 2020. It outlines procedures for conducting preliminary hearings during a declared judicial emergency, specifically regarding the use of technology and remote appearances.

Key Directives

The order mandates that preliminary hearings be conducted remotely to ensure safety and compliance with Supreme Court orders.

• Remote Hearings: Preliminary hearings for defendants in custody must occur via advanced communication technology, such as video or telephone.
• Participant Attendance: Attorneys, witnesses (including law enforcement), and victims are required to appear by telephone. In-person appearance is permitted only if necessary.
• Notification: The Commonwealth (affiant, District Attorney, or victim-witness advocate) is responsible for notifying victims and witnesses of their attendance requirements.
• Contingency: If video or a Magisterial District Judge's presence is not possible, all parties must appear by telephone.
• Conference Setup: Court Administration will establish the telephone conference for all remote appearances.

Legal Rights and Waivers

The order addresses specific legal rights regarding the defendant's case disposition.

• Reservation of Rights: Defendants are automatically deemed to have reserved the right to petition for a writ of habeas corpus or to reopen their preliminary hearing for live testimony. This right must be asserted within 45 days after the judicial emergency terminates.
• Waivers: Counsel for the Commonwealth and the defendant should confer to determine if the defendant is willing to waive the preliminary hearing. Electronic copies of signed waivers (faxed or scanned) are accepted for filing.

Effective Period

This order is effective immediately and remains in effect until the termination of the judicial emergency or further order of the Court.

Issued by: Elizabeth A. Doyle, P. J.