Phil. Cnty. Pa. 431

As amended through December 18, 2021
Rule 431 - Attorneys with Twenty (20) or More Cases in Philadelphia Municipal Court

Counsel representing defendants in 20 or more criminal cases in Philadelphia Municipal Court which have not been brought to trial within 4 months of Preliminary Arraignment (hereinafter referred to as "case inventory") shall be precluded from entering an appearance for or in any other manner representing any additional defendant or defendants in any other criminal case in any court in this county until such time as said case inventory is reduced to less than 20 cases.

(A) At the end of every month, the court will prepare a list of attorneys who, at such time, represent such a case inventory. The list shall include the attorney's name, the number of cases in the case inventory, the name of the defendant in each case, and the court term and number. A copy of this list shall be provided to the Supervising Judge of the Municipal Court's Criminal Divi-sion and the Office of the District Attorney. The Supervising Judge shall review the list and give notice to counsel that this Rule will become operative, unless within 10 days of receipt of the letter counsel provides a written response to the Supervising Judge explaining why the rule should not become operative; such explanation to include the accuracy of the list, the responsibility for the delay, and the existence of extraordinary circumstances or compelling reasons justifying exemption.
(B) If the Supervising Judge determines that a hearing is needed, one shall be scheduled. Notice of the hearing shall be given to counsel and the District Attorney, both of who shall have the right to be heard and to present documentary and other pertinent evidence.
(C) The Supervising Judge shall make Findings of Fact.
(D) Upon finding that counsel's excess case inventory has not been caused by counsel's inability to appear for cases that are otherwise ready for disposition, the Supervising Judge shall enter an Order relieving counsel from the application of this Rule.
(E) Where counsel has one or more partners or associates in the practice of law, entries of appearance by any partner or associate shall not be considered in determining the defendants represented by counsel whose cases have not been brought to trial within the 4 month time period described in section (A). In no event shall substitution of appearances be permitted by counsel where the apparent purpose of such substitution is to avoid compliance with this Rule.

Phil. Cnty. Pa. 431

Adopted May 23, 1984. Amended by the Municipal Court Board of Judges on November 18, 2005; effective 3/15/2006.