Role of Motions Judge |
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Home » Luzerne County » Row Offices » Prothonotary » Calendars » Court of Common Pleas » Role of Motions Judge |
Effective March 5, 2007
The Motions Judge has a limited, rather than a plenary role in our administrative protocol. The Motions Judge should function as a gatekeeper and direct improperly presented motions to the appropriate Judge.
Criminal Cases: The following are to be directed to the Criminal Court Administrative Judge (until further assignment, Judge Olszewski):
1. Motions requesting expenditure of public funds.
2. Pre-trial requests for appointment of conflict counsel.
3. Continuance motions in criminal cases not assigned to a trial judge.
4. Capias Orders prior to the designation of a trial/sentencing judge.
Note: A pre-trial capias (failure to appear at arraignment, call of list, etc.), may be lifted by the Motions Judge upon agreement or cause shown.
5. Special assignments and duty assignments of district justices.
6. Motions requesting the assignment of language interpreters with public funds.
The following are to be directed to the Trial/Sentencing Judge:
All post-trial motions, including motions for substitute counsel and all other post-trial relief, except motions requesting expenditure of public funds. Judges must not accept or return rules in regard to post-sentence issues, (e.g. grant bail, lift capias, establish parole, modify sentence, etc.) these are reserved exclusively to the sentencing judge.
The Motions Judge should direct all other criminal case motions except those requesting immediate relief (i.e. bail posting), in accordance with Luzerne County Criminal Procedure Rule 580.
Civil Cases: When a Trial Judge has been assigned to a civil case, the Trial Judge should return rules and determine the disposition of motions. In all civil motions the Motions Judge should inquire as to the designation of a Trial Judge and if a Trial Judge has been designated, refer the motion to the appropriate Trial Judge.
Family Cases: Judge Augello has been assigned cases by category designation. All motions pertaining to those matters that are designated for assignment to Judge Augello should be directed to Judge Augello.
Divorce Masterships: Motions for the appointment of a master in divorce are to be directed to Judge Augello.
Miscellaneous Court: All Miscellaneous Court Motions will be directed to the Court Administration Officer or when required pursuant to local rule, to the Motions Court Judge.
The following matters are assigned to Miscellaneous Court:
1. All PFA hearings and proceedings.
2. All summary appeals.
3. Civil Action - Assumpsit/Trespass.
4. All equity matters including preliminary injunctions, preliminary injunctions requesting immediate relief, and other special actions (e.g. quiet title, etc.) except "civil action" (hereinafter asserted in assumpsit or trespass).
5. Special relief under the divorce code.
6. Statutory appeals and review including, but not limited to:
(a) Tax assessment appeals
(b) Real estate tax rate appeals
(c) Zoning appeals
(d) Drivers license suspension appeals
(e) Liquor Control Board appeals
(f) Change of name petitions
(g) Approval of local government tax rates
7. Miscellaneous Court matters may be assigned to any judge at the discretion of the Court Administrator.
Motions Court: Motions Court continues as heretofore, except that the Motions Judge will be assigned guilty pleas and/or other matters at the discretion of the Court Administrator. The Motions Judge must be available to sign temporary orders applicable to protection from abuse for all applications presented as of 3:00 p.m. each business day. Temporary PFA Orders may be referred to any available judge.
Argument Court: Argument Court will continue as heretofore.
Election Code Motions: All Election Code Motions pertaining to the 2007 elections should be directed to Judge Conahan for scheduling and assignment.
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Last Updated: Tue Aug 07 12:18:27 EDT 2007
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