News

Pennsylvania Supreme Court Announces Revised Rule to Increase Accountability of Courts

January 28, 1997

January 29, 1997 - Pennsylvania's trial court judges will be required to track and file semi-annual reports on the disposition of cases pending before them, the state Supreme Court announced yesterday. The requirement will be a major step in systematically identifying areas of delay in deciding cases, with the goal of defining accountability more clearly among all court personnel, eliminating delay by providing additional judicial support and technical assistance, or, when necessary, disciplinary enforcement through the Judicial Conduct Board. Chief Justice John P. Flaherty announced the Supreme Court's adoption of this significant revision to Rule of Judicial Administration Subchapter 703 (Prompt Disposition of Pending Matters), requiring the submission of the reports to the Administrative Office of Pennsylvania Courts (AOPC). In making the announcement, Chief Justice Flaherty acknowledged the efforts and assistance of officers and members of the Pennsylvania Conference of State Trial Judges in helping to develop and draft the regulations. "We in the Judiciary are dedicated to providing the people of Pennsylvania with a fair and effective resolution of all matters which come before the courts," Chief Justice Flaherty said. "This rule will help us achieve that goal by emphasizing accountability throughout the judicial system with a resulting increase in prompt and efficient disposition of cases in our courts." The earlier version of Rule 703 had proved cumbersome to administer, both by individual judges and by the AOPC. Judges found the frequency of required reports under the old rule unwieldy, particularly for the many judges who had no delays to report. Similarly, the volume of cases reported was far too great for any meaningful review by the limited number of AOPC staff. Additionally, the previous rule contained no specific procedures for non-compliance with the reporting requirements. "The defects of the previous rule have been a continuing problem for the Pennsylvania judicial system," Chief Justice Flaherty said, "and have resulted in complaints of judicial delay. "For litigants and attorneys who experienced long delays in the disposition of their cases, the absence of reports on the status of matters pending before the courts has been particularly frustrating. The message to the bench, bar and public has been one of less accountability then we would prefer. Although resource issues can be substantial factors in fostering decisional delay, the revised 703 Rule should create a framework for both real and perceived improvements in accountability." Main provisions of the revised rule include: - Requiring every judge to keep a record of each matter submitted for a decision and which remains undecided; - Requiring every judge to compile and file semi-annual reports before January 20 and July 20 with the Court Administrator of Pennsylvania and the President Judge and District Court Administrator stating whether any matter submitted to the judge for a decision still remains undecided 90 or more days as of the last day of the reporting period; - Requiring the Court Administrator of Pennsylvania to immediately notify the state's Judicial Conduct Board (JCB) if: 1) a judge fails to file a timely report; or 2) forward to the JCB any report which includes one or more matters which have remained undecided for one year or more, where appropriate; - Making available for public inspection and copying all reports and supplemental statements filed with the reports. The filing of semi-annual reports covering the months of January through June and July through December will require judges to take inventory of all matters before them, evaluate the status of the pending matters, and then determine steps needed for timely dispositions. Since all judges will need to take an active role in ensuring the timely preparation of documents, such as notes of testimony or psychiatric reports, other participants in the judicial process can also expect to be held more accountable for their work products. Should this "extended" accountability reveal system-wide or even county-wide procedural or operational weaknesses, President Judges - who will also receive copies of the twice-yearly reports - will be better prepared to address those systemic problems and lead coordinated responses to them, as will the Administrative Office of Pennsylvania Courts.